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H.R.7143

Taxation

This bill expresses the sense of Congress that energy rebates to individual taxpayers are required due to the global disruptions caused by COVID-19 and the Russian invasion of Ukraine. The bill allows an income-based tax credit beginning in 2022 for the sum of monthly energy rebates. The amount of such rebates in any calendar month is the sum of $100 ($200 for married couples filing jointly) plus $100 multiplied by the number of the taxpayer's dependents during 2022.

To provide for energy rebates to individual taxpayers, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SENSE OF CONGRESS. It is the sense of Congress that energy rebates are necessitated by the global disruptions caused by both COVID-19 and the illegal Russian invasion of Ukraine. SEC. 2. ENERGY REBATES TO INDIVIDUALS. (a) In General.--Subchapter B of chapter 65 of the Internal Revenue Code of 1986 is amended by inserting after section 6428B the following new section: ``SEC. 6428C. ENERGY REBATES TO INDIVIDUALS. ``(a) In General.--In the case of an eligible individual, there shall be allowed as a credit against the tax imposed by subtitle A for the first taxable year beginning in 2022 the sum of the monthly specified energy rebates determined with respect to the taxpayer under subsection (b) for qualifying calendar months during such taxable year. ``(b) Monthly Specified Energy Rebates.-- ``(1) In general.--For purposes of this section, the term `monthly specified energy rebate' means, with respect to any taxpayer for any qualifying calendar month, the sum of-- ``(A) $100 ($200 in the case of a joint return), plus ``(B) $100 multiplied by the number of dependents of the taxpayer during taxable year 2022. ``(2) Limitation based on adjusted gross income.-- ``(A) In general.--The amount of the credit allowed by subsection (a) (determined without regard to this subsection and subsection (f)) shall be reduced (but not below zero) by \1/12\ of the amount which bears the same ratio to such credit (as so determined) as-- ``(i) the excess of-- ``(I) the taxpayer's modified adjusted gross income for such taxable year, over ``(II) $75,000, bears to ``(ii) $5,000. ``(B) Special rules.-- ``(i) Joint return or surviving spouse.--In the case of a joint return or a surviving spouse (as defined in section 2(a)), subparagraph (A) shall be applied by substituting `$150,000' for `$75,000' and `$10,000' for `$5,000'. ``(ii) Head of household.--In the case of a head of household (as defined in section 2(b)), subparagraph (A) shall be applied by substituting `$112,500' for `$75,000' and `$7,500' for `$5,000'. ``(c) Qualifying Calendar Month.--For purposes of this section, the term `qualifying calendar month' means any month in 2022 during which the average price of gasoline in the United States is equal to or greater than $4 per gallon. ``(d) Eligible Individual.--For purposes of this section, the term `eligible individual' means any individual other than-- ``(1) any nonresident alien individual, ``(2) any individual with respect to whom a deduction under section 151 is allowable to another taxpayer for a taxable year beginning in the calendar year in which the individual's taxable year begins, and ``(3) an estate or trust. ``(e) Definitions and Special Rules.-- ``(1) Dependent defined.--For purposes of this section, the term `dependent' has the meaning given such term by section 152. ``(2) Identification number requirement.-- ``(A) In general.--In the case of a return other than a joint return, the $100 amount in subsection (b)(1)(A) shall be treated as being zero unless the taxpayer includes the valid identification number of the taxpayer on the return of tax for the taxable year. ``(B) Joint returns.--In the case of a joint return, the $200 amount in subsection (b)(1)(B) shall be treated as being-- ``(i) $100 if the valid identification number of only 1 spouse is included on the return of tax for the taxable year, and ``(ii) zero if the valid identification number of neither spouse is so included. ``(C) Dependents.--A dependent shall not be taken into account under subsection (b)(1)(B) unless the valid identification number of such dependent is included on the return of tax for the taxable year. ``(D) Valid identification number.-- ``(i) In general.--For purposes of this paragraph, the term `valid identification number' means a social security number issued to an individual by the Social Security Administration on or before the due date for filing the return for the taxable year. ``(ii) Adoption taxpayer identification number.--For purposes of subparagraph (C), in the case of a dependent who is adopted or placed for adoption, the term `valid identification number' shall include the adoption taxpayer identification number of such dependent. ``(E) Special rule for members of the armed forces.--Subparagraph (B) shall not apply in the case where at least 1 spouse was a member of the Armed Forces of the United States at any time during the taxable year and the valid identification number of at least 1 spouse is included on the return of tax for the taxable year. ``(F) Coordination with certain advance payments.-- In the case of any payment made pursuant to subsection (g)(6), a valid identification number shall be treated for purposes of this paragraph as included on the taxpayer's return of tax if such valid identification number is provided pursuant to such subsection. ``(G) Mathematical or clerical error authority.-- Any omission of a correct valid identification number required under this paragraph shall be treated as a mathematical or clerical error for purposes of applying section 6213(g)(2) to such omission. ``(3) Credit treated as refundable.--The credit allowed by subsection (a) shall be treated as allowed by subpart C of part IV of subchapter A of chapter 1. ``(f) Coordination With Advance Refunds of Credit.-- ``(1) Reduction of refundable credit.--The amount of the credit which would (but for this paragraph) be allowable under subsection (a) shall be reduced (but not below zero) by the aggregate refunds and credits made or allowed to the taxpayer (or any dependent of the taxpayer) under subsection (g). Any failure to so reduce the credit shall be treated as arising out of a mathematical or clerical error and assessed according to section 6213(b)(1). ``(2) Joint returns.--Except as otherwise provided by the Secretary, in the case of a refund or credit made or allowed under subsection (g) with respect to a joint return, half of such refund or credit shall be treated as having been made or allowed to each individual filing such return. ``(g) Advance Refunds and Credits.-- ``(1) In general.--Subject to paragraphs (5) and (6), each individual who was an eligible individual for such individual's first taxable year beginning in 2020 shall be treated as having made a payment against the tax imposed by chapter 1 for such taxable year in an amount equal to the advance refund amount for such taxable year. ``(2) Advance refund amount.-- ``(A) In general.--For purposes of paragraph (1), the advance refund amount is the amount that would have been allowed as a credit under this section for such taxable year if this section (other than subsection (f) and this subsection) had applied to such taxable year. ``(B) Treatment of deceased individuals.--For purposes of determining the advance refund amount with respect to such taxable year, any individual who was deceased before January 1, 2022, shall be treated for purposes of applying subsection (e)(3) in the same manner as if the valid identification number of such person was not included on the return of tax for such taxable year and no amount shall be determined under subsection (e)(3) with respect to any dependent of the taxpayer if the taxpayer (both spouses in the case of a joint return) was deceased before January 1, 2022. ``(3) Timing and manner of payments.-- ``(A) Timing.--The Secretary shall, subject to the provisions of this title and consistent with rules similar to the rules of subparagraphs (B) and (C) of section 6428A(f)(3), refund or credit any overpayment attributable to this subsection as rapidly as possible, consistent with a rapid effort to make payments attributable to such overpayments electronically if appropriate. No refund or credit shall be made or allowed under this subsection after December 31, 2022. ``(4) No interest.--No interest shall be allowed on any overpayment attributable to this subsection. ``(5) Application to individuals who have filed a return of tax for 2021.-- ``(A) Application to 2021 returns filed at time of initial determination.--If, at the time of any determination made pursuant to paragraph (3), the individual referred to in paragraph (1) has filed a return of tax for the individual's first taxable year beginning in 2021, paragraph (1) shall be applied with respect to such individual by substituting `2021' for `2020'. ``(B) Additional payment.-- ``(i) In general.--In the case of any individual who files, before the additional payment determination date, a return of tax for such individual's first taxable year beginning in 2021, the Secretary shall make a payment (in addition to any payment made under paragraph (1)) to such individual equal to the excess (if any) of-- ``(I) the amount which would be determined under paragraph (1) (after the application of subparagraph (A)) by applying paragraph (1) as of the additional payment determination date, over ``(II) the amount of any payment made with respect to such individual under paragraph (1). ``(ii) Additional payment determination date.--The term `additional payment determination date' means the earlier of-- ``(I) the date which is 90 days after the 2021 calendar year filing deadline, or ``(II) September 1, 2022. ``(iii) 2021 calendar year filing deadline.--The term `2020 calendar year filing deadline' means the date specified in section 6072(a) with respect to returns for calendar year 2021. Such date shall be determined after taking into account any period disregarded under section 7508A if such disregard applies to substantially all returns for calendar year 2021 to which section 6072(a) applies. ``(6) Application to certain individuals who have not filed a return of tax for 2020 or 2021 at time of determination.--In the case of any individual who, at the time of any determination made pursuant to paragraph (3), has filed a tax return for neither the year described in paragraph (1) nor for the year described in paragraph (5)(A), the Secretary shall, consistent with rules similar to the rules of section 6428A(f)(5)(H)(i), apply paragraph (1) on the basis of information available to the Secretary and shall, on the basis of such information, determine the advance refund amount with respect to such individual without regard to subsection (d) unless the Secretary has reason to know that such amount would otherwise be reduced by reason of such subsection. ``(7) Special rule related to time of filing return.-- Solely for purposes of this subsection, a return of tax shall not be treated as filed until such return has been processed by the Internal Revenue Service. ``(h) Regulations.--The Secretary shall prescribe such regulations or other guidance as may be necessary or appropriate to carry out the purposes of this section, including-- ``(1) regulations or other guidance providing taxpayers the opportunity to provide the Secretary information sufficient to allow the Secretary to make payments to such taxpayers under subsection (g) (including the determination of the amount of such payment) if such information is not otherwise available to the Secretary, and ``(2) regulations or other guidance to ensure to the maximum extent administratively practicable that, in determining the amount of any credit under subsection (a) and any credit or refund under subsection (g), an individual is not taken into account more than once, including by different taxpayers and including by reason of a change in joint return status or dependent status between the taxable year for which an advance refund amount is determined and the taxable year for which a credit under subsection (a) is determined. ``(i) Outreach.--The Secretary shall carry out a robust and comprehensive outreach program to ensure that all taxpayers described in subsection (h)(1) learn of their eligibility for the advance refunds and credits under subsection (g), are advised of the opportunity to receive such advance refunds and credits as provided under subsection (h)(1), and are provided assistance in applying for such advance refunds and credits.''. (b) Treatment of Certain Possessions.-- (1) Payments to possessions with mirror code tax systems.-- The Secretary of the Treasury shall pay to each possession of the United States which has a mirror code tax system amounts equal to the loss (if any) to that possession by reason of the amendments made by this section. Such amounts shall be determined by the Secretary of the Treasury based on information provided by the government of the respective possession. (2) Payments to other possessions.--The Secretary of the Treasury shall pay to each possession of the United States which does not have a mirror code tax system amounts estimated by the Secretary of the Treasury as being equal to the aggregate benefits (if any) that would have been provided to residents of such possession by reason of the amendments made by this section if a mirror code tax system had been in effect in such possession. The preceding sentence shall not apply unless the respective possession has a plan, which has been approved by the Secretary of the Treasury, under which such possession will promptly distribute such payments to its residents. (3) Coordination with credit allowed against united states income taxes.--No credit shall be allowed against United States income taxes under section 6428C of the Internal Revenue Code of 1986 (as added by this section), nor shall any credit or refund be made or allowed under subsection (g) of such section, to any person-- (A) to whom a credit is allowed against taxes imposed by the possession by reason of the amendments made by this section, or (B) who is eligible for a payment under a plan described in paragraph (2). (4) Mirror code tax system.--For purposes of this subsection, the term ``mirror code tax system'' means, with respect to any possession of the United States, the income tax system of such possession if the income tax liability of the residents of such possession under such system is determined by reference to the income tax laws of the United States as if such possession were the United States. (5) Treatment of payments.--For purposes of section 1324 of title 31, United States Code, the payments under this subsection shall be treated in the same manner as a refund due from a credit provision referred to in subsection (b)(2) of such section (c) Administrative Provisions.-- (1) Definition of deficiency.--Section 6211(b)(4)(A) of the Internal Revenue Code of 1986 is amended by striking ``6428, 6428A, and 6428B'' and inserting ``6428, 6428A, 6428B, and 6428C''. (2) Mathematical or clerical error authority.--Section 6213(g)(2) of such Code is amended-- (A) by striking ``or section 6428A or 6428B (relating to additional recovery rebates to individuals)'' and inserting ``or section 6428A, 6428B, or 6428C'', and (B) by striking ``6428, 6428A, or 6428B'' and inserting ``6428, 6428A, 6428B, or 6428C'' in subparagraph (L). (3) Exception from reduction or offset.--Any credit or refund allowed or made to any individual by reason of section 6428C of the Internal Revenue Code of 1986 (as added by this section) or by reason of subsection (b) of this section shall not be-- (A) subject to reduction or offset pursuant to section 3716 or 3720A of title 31, United States Code, (B) subject to reduction or offset pursuant to subsection (c), (d), (e), or (f) of section 6402 of the Internal Revenue Code of 1986, or (C) reduced or offset by other assessed Federal taxes that would otherwise be subject to levy or collection. (4) Assignment of benefits.-- (A) In general.--The right of any person to any applicable payment shall not be transferable or assignable, at law or in equity, and no applicable payment shall be subject to, execution, levy, attachment, garnishment, or other legal process, or the operation of any bankruptcy or insolvency law. (B) Encoding of payments.--In the case of an applicable payment described in subparagraph (E)(iii)(I) that is paid electronically by direct deposit through the Automated Clearing House (ACH) network, the Secretary of the Treasury (or the Secretary's delegate) shall-- (i) issue the payment using a unique identifier that is reasonably sufficient to allow a financial institution to identify the payment as an applicable payment, and (ii) further encode the payment pursuant to the same specifications as required for a benefit payment defined in section 212.3 of title 31, Code of Federal Regulations. (C) Garnishment.-- (i) Encoded payments.--In the case of a garnishment order that applies to an account that has received an applicable payment that is encoded as provided in subparagraph (B), a financial institution shall follow the requirements and procedures set forth in part 212 of title 31, Code of Federal Regulations, except-- (I) notwithstanding section 212.4 of title 31, Code of Federal Regulations (and except as provided in subclause (II)), a financial institution shall not fail to follow the procedures of sections 212.5 and 212.6 of such title with respect to a garnishment order merely because such order has attached, or includes, a notice of right to garnish federal benefits issued by a State child support enforcement agency, and (II) a financial institution shall not, with regard to any applicable payment, be required to provide the notice referenced in sections 212.6 and 212.7 of title 31, Code of Federal Regulations. (ii) Other payments.--If a financial institution receives a garnishment order (other than an order that has been served by the United States), that has been received by a financial institution and that applies to an account into which an applicable payment that has not been encoded as provided in subparagraph (B) has been deposited electronically or by an applicable payment that has been deposited by check on any date in the lookback period, the financial institution, upon the request of the account holder, shall treat the amount of the funds in the account at the time of the request, up to the amount of the applicable payment (in addition to any amounts otherwise protected under part 212 of title 31, Code of Federal Regulations), as exempt from a garnishment order without requiring the consent of the party serving the garnishment order or the judgment creditor. (iii) Liability.--A financial institution that acts in good faith in reliance on clause (i) or (ii) shall not be subject to liability or regulatory action under any Federal or State law, regulation, court or other order, or regulatory interpretation for actions concerning any applicable payments. (D) Preservation of reclamation rights.--This paragraph shall not alter the status of applicable payments as tax refunds or other nonbenefit payments for purpose of any reclamation rights of the Department of the Treasury or the Internal Revenue Service as per part 210 of title 31, Code of Federal Regulations. (E) Definitions.--For purposes of this paragraph-- (i) Account holder.--The term ``account holder'' means a natural person whose name appears in a financial institution's records as the direct or beneficial owner of an account. (ii) Account review.--The term ``account review'' means the process of examining deposits in an account to determine if an applicable payment has been deposited into the account during the lookback period. The financial institution shall perform the account review following the procedures outlined in section 212.5 of title 31, Code of Federal Regulations and in accordance with the requirements of section 212.6 of title 31, Code of Federal Regulations. (iii) Applicable payment.--The term ``applicable payment'' means-- (I) any advance refund amount paid pursuant to section 6428C(g) of Internal Revenue Code of 1986 (as added by this section), (II) any payment made by a possession of the United States with a mirror code tax system (as defined in subsection (b) of this section) pursuant to such subsection which corresponds to a payment described in subclause (I), and (III) any payment made by a possession of the United States without a mirror code tax system (as so defined) pursuant to subsection (b) of this section. (iv) Garnishment.--The term ``garnishment'' means execution, levy, attachment, garnishment, or other legal process. (v) Garnishment order.--The term ``garnishment order'' means a writ, order, notice, summons, judgment, levy, or similar written instruction issued by a court, a State or State agency, a municipality or municipal corporation, or a State child support enforcement agency, including a lien arising by operation of law for overdue child support or an order to freeze the assets in an account, to effect a garnishment against a debtor. (vi) Lookback period.--The term ``lookback period'' means the two month period that begins on the date preceding the date of account review and ends on the corresponding date of the month two months earlier, or on the last date of the month two months earlier if the corresponding date does not exist. (5) Agency information sharing and assistance.-- (A) In general.--The Commissioner of Social Security, the Railroad Retirement Board, and the Secretary of Veterans Affairs shall each provide the Secretary of the Treasury (or the Secretary's delegate) such information and assistance as the Secretary of the Treasury (or the Secretary's delegate) may require for purposes of-- (i) making payments under section 6428C(g) of the Internal Revenue Code of 1986 to individuals described in paragraph (6)(A) thereof, or (ii) providing administrative assistance to a possession of the United States (as defined in subsection (c)(3)(A)) to allow such possession to promptly distribute payments under subsection (c) to its residents. (B) Exchange of information with possessions.--Any information provided to the Secretary of the Treasury (or the Secretary's delegate) pursuant to subparagraph (A)(ii) may be exchanged with a possession of the United States in accordance with the applicable tax coordination agreement for information exchange and administrative assistance that the Internal Revenue Service has agreed to with such possession. (6) Conforming amendments.-- (A) Paragraph (2) of section 1324(b) of title 31, United States Code, is amended by inserting ``6428C,'' after ``6428B,''. (B) The table of sections for subchapter B of chapter 65 of the Internal Revenue Code of 1986 is amended by inserting after the item relating to section 6428B the following new item: ``Sec. 6428C. Energy rebates to individuals.''. (d) Reports to Congress.--Each week beginning after the date of the enactment of this Act and beginning before December 31, 2022, on Friday of such week, not later than 3 p.m. eastern time, the Secretary of the Treasury shall provide a written report to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate. Such report shall include the following information with respect to payments made pursuant to section 6428B of the Internal Revenue Code of 1986: (1) The number of scheduled payments sent to the Bureau of Fiscal Service for payment by direct deposit or paper check for the following week (stated separately for direct deposit and paper check). (2) The total dollar amount of the scheduled payments described in paragraph (1). (3) The number of direct deposit payments returned to the Department of the Treasury and the total dollar value of such payments, for the week ending on the day prior to the day on which the report is provided. (4) The total number of letters related to payments under section 6428C of such Code mailed to taxpayers during the week ending on the day prior to the day on which the report is provided. <all>

To provide for energy rebates to individual taxpayers, and for other purposes.

To provide for energy rebates to individual taxpayers, and for other purposes.

Official Titles - House of Representatives Official Title as Introduced To provide for energy rebates to individual taxpayers, and for other purposes.

Rep. Thompson, Mike

D

CA

H.R.829

Crime and Law Enforcement

Empower our Girls Act This bill allows certain grants authorized under the Violence Against Women Act to be used to support victims of female genital mutilation. Such grants already support victims of domestic violence, sexual assault, dating violence, and stalking. The bill also requires the Federal Bureau of Investigation (FBI) to classify female genital mutilation as a Part II crime (i.e., a less serious offense) in the Uniform Crime Reports. (The FBI compiles and periodically publishes crime statistics through the Uniform Crime Reporting Program. Currently, the FBI does not compile and publish information about female genital mutilation.)

To allow certain grants to be used for the purpose of assisting victims of female genital mutilation, to classify the offense of female genital mutilation as a part II crime for purposes of the Uniform Crime Reports, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Empower our Girls Act''. SEC. 2. VAWA GRANT PROGRAMS. (a) STOP Violence Against Women Formula Grant Program.--Section 2001(b) of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10441(b)) is amended-- (1) in paragraph (1), by inserting ``female genital mutilation,'' after ``domestic violence,''; (2) in paragraph (2), by inserting ``female genital mutilation,'' after ``domestic violence,''; (3) in paragraph (3), by inserting ``female genital mutilation,'' after ``domestic violence,''; (4) in paragraph (4), by inserting ``female genital mutilation,'' after ``domestic violence,''; (5) in paragraph (5), by inserting ``female genital mutilation,'' after ``domestic violence,'' each place it appears; (6) in paragraph (7), by inserting ``female genital mutilation,'' after ``domestic violence,''; (7) in paragraph (10), by striking ``domestic violence'' and inserting ``domestic violence, female genital mutilation,''; (8) in paragraph (12), by inserting ``female genital mutilation,'' after ``domestic violence,'' each place it appears; (9) in paragraph (14), by inserting ``female genital mutilation,'' after ``domestic violence,''; and (10) in paragraph (20), by inserting ``female genital mutilation,'' after ``domestic violence,''. (b) Consolidated Grant Program.-- (1) Choose children and youth.--Section 41201 of the Violent Crime Control and Law Enforcement Act of 1994 (34 U.S.C. 12451) is amended by inserting ``female genital mutilation,'' after ``sexual assault,'' each place it appears. (2) Smart prevention.--Section 41303 of the Violent Crime Control and Law Enforcement Act of 1994 (34 U.S.C. 12463) is amended-- (A) in subsection (a), by inserting ``female genital mutilation,'' after ``sexual assault,'' each place it appears; (B) in subsection (b)-- (i) in paragraph (2), by inserting ``female genital mutilation,'' after ``sexual assault,'' each place it appears; and (ii) in paragraph (3), by inserting ``female genital mutilation,'' after ``sexual assault,''; and (C) in subsection (c)-- (i) in paragraph (1), by inserting ``female genital mutilation,'' after ``sexual assault,''; and (ii) in paragraph (2), by inserting ``female genital mutilation,'' after ``sexual assault,'' each place it appears. (c) Grants for Outreach and Services to Underserved Populations.-- Section 120 of the Violence Against Women and Department of Justice Reauthorization Act of 2005 (34 U.S.C. 20123) is amended by inserting ``female genital mutilation,'' after ``sexual assault,'' each place it appears. (d) Improving Criminal Justice Responses.-- (1) Purpose.--Section 2101(a) of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10461(a)) is amended by inserting ``female genital mutilation,'' after ``sexual assault,''. (2) Grant authority.--Section 2101(b) of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10461(b)) is amended-- (A) in paragraph (2), by inserting ``female genital mutilation,'' after ``sexual assault,'' each place it appears; (B) in paragraph (3), by inserting ``female genital mutilation,'' after ``sexual assault,''; (C) in paragraph (4), by inserting ``female genital mutilation,'' after ``sexual assault,''; (D) in paragraph (5), by inserting ``female genital mutilation,'' after ``sexual assault,''; (E) in paragraph (6), by inserting ``female genital mutilation,'' after ``sexual assault,''; (F) in paragraph (14), by inserting ``female genital mutilation,'' after ``sexual assault,''; (G) in paragraph (15), by inserting ``female genital mutilation,'' after ``sexual assault,''; and (H) in paragraph (16), by inserting ``female genital mutilation,'' after ``sexual assault,''. (3) Eligibility.--Section 2101(c)(1)(D) of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10461(c)(1)(D)) is amended-- (A) by inserting ``female genital mutilation,'' after ``sexual assault,'' the first place it appears; and (B) by striking ``domestic violence, dating violence, stalking, or sexual assault'' and inserting ``domestic violence, dating violence, sexual assault, female genital mutilation, or stalking''. (4) Applications.--Section 2102(b) of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10462(b)) is amended by inserting ``female genital mutilation,'' after ``sexual assault,'' each place it appears. (e) Legal Assistance for Victims.--Section 1201 of the Violence Against Women Act of 2000 (34 U.S.C. 20121) is amended by inserting ``female genital mutilation,'' after ``dating violence,'' each place it appears. (f) Transitional Housing Assistance Grants.--Section 40299 of the Violence Against Women Act of 1994 (34 U.S.C. 12351) is amended by inserting ``female genital mutilation,'' after ``sexual assault,'' each place it appears. (g) Female Genital Mutilation Defined.--Section 40002(a) of the Violent Crime Control and Law Enforcement Act of 1994 (34 U.S.C. 12291(a)) is amended by adding at the end the following: ``(46) Female genital mutilation.--The term `female genital mutilation' means the removal or infibulation (or both) of the whole or part of the clitoris, the labia minor, or the labia major.''. SEC. 3. REPORTING ON FEMALE GENITAL MUTILATION. (a) Uniform Crime Reports.--The Director of the Federal Bureau of Investigation shall, pursuant to section 534 of title 28, United States Code, classify the offense of female genital mutilation as a part II crime in the Uniform Crime Reports. (b) Female Genital Mutilation Defined.--In this section, the term ``female genital mutilation'' means the removal or infibulation (or both) of the whole or part of the clitoris, the labia minora, or labia majora. <all>

Empower our Girls Act

To allow certain grants to be used for the purpose of assisting victims of female genital mutilation, to classify the offense of female genital mutilation as a part II crime for purposes of the Uniform Crime Reports, and for other purposes.

Empower our Girls Act

Rep. Perry, Scott

R

PA

S.3498

Health

Finding Orphan-disease Remedies With Antifungal Research and Development Act of 2022 or the FORWARD Act of 2022 This bill establishes programs to support research on endemic fungal diseases and the development of antifungal drugs, with a particular focus on Valley Fever. Endemic fungal diseases are fungal infections that tend to occur in specific geographic areas and affect older adults and other at-risk populations. Specifically, the bill establishes the Endemic Fungal Disease Working Group to review, coordinate, and make recommendations about the Department of Health and Human Services' efforts to address endemic fungal diseases. The working group is comprised of experts from both relevant federal agencies and the private sector. In addition, the National Institutes of Health must continue its support for research on endemic fungal diseases. Furthermore, the Food and Drug Administration must issue guidance for entities seeking approval for therapies, diagnostics, and vaccines to prevent and treat Valley Fever. Additionally, the bill provides for the use of priority reviews and other fast-track procedures to incentivize and expedite development and approval of these medical products. The bill also requires the Biomedical Advanced Research and Development Authority to implement the Combating Antimicrobial Resistance Biopharmaceutical Accelerator Program to reduce and prevent antimicrobial resistance.

To support endemic fungal disease research, incentivize fungal vaccine development, discover new antifungal therapies and diagnostics, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. (a) In General.--This Act may be cited as the ``Finding Orphan- disease Remedies With Antifungal Research and Development Act of 2022'' or the ``FORWARD Act of 2022''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title. Sec. 2. Continuing support for research on endemic fungal diseases. Sec. 3. Endemic fungal disease working group. Sec. 4. FDA guidance for industry on development of diagnostics and antifungal drugs and vaccines for Valley Fever. Sec. 5. Priority review; fast track product. Sec. 6. Priority review vouchers for products for prevention or treatment of endemic fungal diseases. Sec. 7. Combating antimicrobial resistance biopharmaceutical accelerator program. SEC. 2. CONTINUING SUPPORT FOR RESEARCH ON ENDEMIC FUNGAL DISEASES. The Public Health Service Act is amended by inserting after section 447C of such Act (42 U.S.C. 285f-4) the following new section: ``SEC. 447D. ENDEMIC FUNGAL DISEASES. ``(a) In General.--The Director of the Institute shall-- ``(1) continue to conduct or support epidemiological, basic, translational, and clinical research related to endemic fungal diseases, including coccidioidomycosis (commonly known as and referred to in this section as `Valley Fever'); and ``(2) subject to the availability of appropriations, make grants to, or enter into contracts with, public or nonprofit private entities to conduct such research. ``(b) Reports.--The Director of the Institute shall ensure that each triennial report under section 403 includes information on actions undertaken by the National Institutes of Health to carry out subsection (a) with respect to endemic fungal diseases, including Valley Fever. ``(c) Authorization of Appropriations.--In addition to other amounts available for the purposes of carrying out this section, there is authorized to be appropriated to carry out this section $20,000,000 for each of fiscal years 2022 through 2026 for such purpose.''. SEC. 3. ENDEMIC FUNGAL DISEASE WORKING GROUP. (a) Establishment.--The Secretary of Health and Human Services (referred to in this section as the ``Secretary'') shall establish a working group, to be known as the Endemic Fungal Disease Working Group (referred to in this section as the ``Working Group''), comprised of representatives of appropriate Federal agencies and other non-Federal entities-- (1) to provide expertise and to review all efforts within the Department of Health and Human Services related to endemic fungal disease; (2) to help ensure interagency coordination and minimize overlap with respect to such disease; and (3) to examine research priorities with respect to such disease. (b) Responsibilities.--The Working Group shall-- (1) not later than 2 years after the date of enactment of this Act, develop or update a summary of-- (A) ongoing endemic fungal disease research, including research related to causes, prevention, treatment, surveillance, diagnosis, diagnostics, duration of illness, and intervention for individuals with an endemic fungal disease; (B) advances made pursuant to such research; (C) the impact of viral respiratory illnesses, including COVID-19, and fungal lung diseases and pneumonias; (D) Federal activities related to endemic fungal disease, including-- (i) epidemiological activities related to endemic fungal disease; and (ii) basic, clinical, and translational endemic fungal disease research related to the pathogenesis, prevention, diagnosis, and treatment of endemic fungal disease; (E) gaps in endemic fungal disease research described in subparagraph (D)(ii); (F) the Working Group's meetings required under subsection (d); and (G) the comments received by the Working Group; (2) make recommendations to the Secretary, including a proposed strategy related to development of therapeutics and vaccines, regarding any appropriate changes or improvements to such activities described in paragraph (1); and (3) in implementing this subsection, solicit input from States, localities, and nongovernmental entities, including organizations representing patients, health care providers, researchers, and industry regarding scientific advances, research questions, and surveillance activities. (c) Membership.--The members of the Working Group shall represent a diversity of scientific disciplines and views and shall be composed of the following members: (1) Federal members.--Seven Federal members, consisting of one or more representatives of each of the following: (A) The Office of the Assistant Secretary for Health. (B) The Food and Drug Administration. (C) The Centers for Disease Control and Prevention. (D) The National Institutes of Health. (E) Such other agencies and offices of the Department of Health and Human Services as the Secretary determines appropriate. (2) Non-federal public members.--Seven non-Federal public members, consisting of representatives of the following categories: (A) Physicians and other medical providers with experience in diagnosing and treating endemic fungal disease. (B) Scientists or researchers with expertise. (C) Patients and their family members. (D) Nonprofit organizations that advocate for patients with respect to endemic fungal disease. (E) Other individuals whose expertise is determined by the Secretary to be beneficial to the functioning of the Working Group. (d) Meetings.--The Working Group shall meet annually. (e) Reporting.--Not later than 2 years after the date of enactment of this Act, and every 2 years thereafter until termination of the Working Group pursuant to subsection (g), the Working Group shall-- (1) submit a report on its activities under subsection (b)(1) and any recommendations under paragraph (b)(2) to the Secretary, the Committee on Energy and Commerce of the House of Representatives, and the Committee on Health, Education, Labor, and Pensions of the Senate; and (2) make such report publicly available on the website of the Department of Health and Human Services. (f) Applicability of FACA.--The Working Group shall be treated as an advisory committee subject to the Federal Advisory Committee Act (5 U.S.C. App.). (g) Sunset.--The Working Group under this section shall terminate 5 years after the date of enactment of this Act. (h) Endemic Fungal Disease Defined.--In this section, the term ``endemic fungal disease'' means blastomycosis, coccidioidomycosis, histoplasmosis, and sparotrichosis. SEC. 4. FDA GUIDANCE FOR INDUSTRY ON DEVELOPMENT OF DIAGNOSTICS AND ANTIFUNGAL DRUGS AND VACCINES FOR VALLEY FEVER. (a) Draft Guidance.--Not later than 2 years after the date of enactment of this Act, the Secretary of Health and Human Services, acting through the Commissioner of Food and Drugs, shall issue draft guidance for industry for the purposes of assisting entities seeking approval under the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.) or licensure under section 351 of the Public Health Service Act (42 U.S.C. 262) of antifungal therapies, diagnostics, or vaccines, specifically therapies, diagnostics, and vaccines designed to diagnose, treat, or prevent coccidioidomycosis (commonly known as Valley Fever). (b) Final Guidance.--Not later than 18 months after the close of the public comment period on the draft guidance issued pursuant to subsection (a), the Secretary of Health and Human Services, acting through the Commissioner of Food and Drugs, shall finalize the draft guidance. (c) Workshops; Good Guidance Practices.--In developing and issuing the guidance required by this section, the Secretary of Health and Human Services shall hold at least 2 public workshops. SEC. 5. PRIORITY REVIEW; FAST TRACK PRODUCT. (a) Priority Review.-- (1) In general.--Section 524A(a) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360n-1(a)) is amended by striking ``then the Secretary shall give priority review to the first application submitted for approval for such drug under section 505(b)'' and inserting ``or if the drug is a biological product intended to treat coccidioidomycosis, then the Secretary shall give priority review to the first application submitted for approval for such drug under section 505(b) of this Act or section 351(a) of the Public Health Service Act''. (2) Applicability.--The amendment made by paragraph (1) applies only to any application submitted under section 351(a) of the Public Health Service Act (42 U.S.C. 262(a)) on or after the date of enactment of this Act. (b) Fast Track Product.--Section 506(b)(1) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 356(b)(1)) is amended by striking ``or if the Secretary designates the drug as a qualified infectious disease product under section 505E(d)'' and inserting ``, if the Secretary designates the drug as a qualified infectious disease product under section 505E(d), or if the drug is a biological product intended to treat coccidioidomycosis''. SEC. 6. PRIORITY REVIEW VOUCHERS FOR PRODUCTS FOR PREVENTION OR TREATMENT OF ENDEMIC FUNGAL DISEASES. Section 524(a)(3) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360n(a)(3)) is amended-- (1) by redesignating subparagraph (S) as subparagraph (T); and (2) by inserting after subparagraph (R) the following: ``(S) Coccidioidomycosis.''. SEC. 7. COMBATING ANTIMICROBIAL RESISTANCE BIOPHARMACEUTICAL ACCELERATOR PROGRAM. Paragraph (4) of section 319L(c) of the Public Health Service Act (42 U.S.C. 247d-7e(c)) is amended by adding at the end the following: ``(G) Combating antimicrobial resistance biopharmaceutical accelerator program.-- ``(i) In general.--The Secretary, acting through the Director of BARDA, shall implement strategic initiatives, to be known as the Combating Antimicrobial Resistance Biopharmaceutical Accelerator Program, including by building on existing programs and by awarding contracts, grants, and cooperative agreements, or entering into other transactions-- ``(I) to optimize the use of antimicrobials in human and animal health settings; ``(II) to support innovative candidate products in preclinical and clinical development that reduce antimicrobial resistance; and ``(III) to support research with respect to infection prevention and control to slow the spread of resistant bacteria, fungi, and viruses. ``(ii) References.--Except as otherwise specified, any reference to the Combating Antibiotic Resistant Bacteria Biopharmaceutical Accelerator or the CARB-X program in any statute, Executive order, rule, regulation, directive, or other Federal document is deemed to be a reference to the Combating Antimicrobial Resistance Biopharmaceutical Accelerator Program under this subparagraph. ``(iii) Authorization of appropriations.-- ``(I) In general.--To carry out the program under clause (i), there is authorized to be appropriated $500,000,000 for the period of fiscal years 2022 through 2026, to remain available until expended. ``(II) Requirement.--Of the amounts made available to carry out the program under clause (i) for the period of fiscal years 2022 through 2026, not less than 10 percent shall be used to support antifungal product development.''. <all>

FORWARD Act of 2022

A bill to support endemic fungal disease research, incentivize fungal vaccine development, discover new antifungal therapies and diagnostics, and for other purposes.

FORWARD Act of 2022 Finding Orphan-disease Remedies With Antifungal Research and Development Act of 2022

Sen. Kelly, Mark

D

AZ

S.1553

Energy

Promoting Energy Alternatives is Key to Emission Reductions Act of 2021 or the PEAKER Act of 2021 This bill addresses the emissions from peaker plants and provides financial incentives for renewable energy to reduce the need for peaker plants. Peaker plants are defined as fossil fuel-fired power plants or units of power plants that are run primarily to meet peak electricity demand. In other words, peaker plants are run where there is above average energy demand, such as during extremely hot or cold weather. The bill establishes an additional investment tax credit for renewable energy generation and battery storage to replace the need for peaker plants in disadvantaged communities. In addition, the Department of Energy (DOE) must establish a grant program to provide up to $1 billion annually through FY2032 to eligible entities for clean energy projects. Specifically, grants must be awarded to assist eligible entities in carrying out (1) projects associated with the construction, installation, or acquisition of qualifying renewable energy facilities and qualifying energy storage facilities; or (2) community energy proposals or community energy studies to reduce or replace the need for peaker plants. Entities that are eligible to receive grants include state or local governments, nonprofit organizations, community-owned energy generation facilities or energy storage facilities located in disadvantaged communities, community-based energy cooperatives, or certain partnerships. DOE must also assess and report on the location of each peaker plant, the quantity and type of pollution each plant is producing, and related data as specified by the bill.

To require the Secretary of Energy to submit to Congress an annual report on peaker plants in the United States and to provide financial incentives for replacing peaker plants with technology that receives, stores, and delivers energy generated by renewable energy resources, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Promoting Energy Alternatives is Key to Emission Reductions Act of 2021'' or the ``PEAKER Act of 2021''. SEC. 2. DEFINITIONS. In this Act: (1) Appropriate committees of congress.--The term ``appropriate committees of Congress'' means-- (A) the Committee on Finance of the Senate; (B) the Committee on Energy and Natural Resources of the Senate; (C) the Committee on Environment and Public Works of the Senate; (D) the Committee on Ways and Means of the House of Representatives; and (E) the Committee on Energy and Commerce of the House of Representatives. (2) Disadvantaged community.--The term ``disadvantaged community'' means a community that-- (A) is located in an area with a high concentration of individuals who-- (i) are members of low- and moderate-income households (as defined in section 570.3 of title 24, Code of Federal Regulations (or a successor regulation)); (ii) experience high levels of unemployment; (iii) face a high rent burden; (iv) face a high energy burden; (v) have low levels of home ownership; (vi) have low levels of educational attainment; or (vii) are members of groups that have historically experienced discrimination on the basis of race or ethnicity; (B) is burdened by high cumulative environmental pollution or other hazards that can lead to negative public health effects; or (C) is determined to be a disadvantaged community, an environmental justice community, a climate-burdened community, or an otherwise similarly vulnerable community pursuant to any Federal or State-level initiative, including any relevant mapping initiative. (3) High energy burden.--The term ``high energy burden'' means, with respect to a household, expenditure of the household on residential energy costs that equals 6 percent or more of the household income. (4) Peaker plant.--The term ``peaker plant'' means a fossil fuel-fired power plant or unit of a power plant that is run primarily to meet peak electricity demand, as determined by the Secretary, in coordination with the Administrator of the Environmental Protection Agency and the applicable local electrical grid operator. (5) Secretary.--The term ``Secretary'' means the Secretary of Energy. SEC. 3. ANNUAL REPORT ON PEAKER PLANTS IN THE UNITED STATES. (a) In General.--Not later than 180 days after the date of enactment of this Act, and annually thereafter, the Secretary, in coordination with the Administrator of the Environmental Protection Agency, the White House Environmental Justice Advisory Council, the White House Environmental Justice Interagency Council, the Council on Environmental Quality, and any other relevant Federal entity that the Secretary determines to be appropriate, shall submit to the appropriate committees of Congress a report that-- (1) identifies each peaker plant in the United States; and (2) for each peaker plant identified under paragraph (1)-- (A) describes the location of the peaker plant and related socioeconomic and demographic data for that location, including whether the peaker plant is located in or adjacent to a disadvantaged community; (B) evaluates the quantity of carbon dioxide, nitric oxides, sulfur oxides, fine particulate matter (PM<INF>2.5</INF>), and methane emitted per unit of electricity generated by the peaker plant; (C) identifies-- (i) the total number of hours that the peaker plant generates electricity during the year covered by the report; (ii) the capacity factor of the plant; (iii) the average number of hours that the peaker plant generates electricity each time that the peaker plant generates electricity; and (iv) the percentage of the total number of instances in which the peaker plant is started that result in the peaker plant generating electricity for-- (I) not less than 4 hours; (II) not less than 8 hours; and (III) not less than 12 hours; and (D) identifies, for each day on which the 3 air monitors closest to the peaker plant indicate that Federal ozone or particulate matter standards have been exceeded, the percentage of peak demand met by the peaker plant for the electrical grid load zone served by the peaker plant. (b) Community Engagement.--In preparing a report under subsection (a), the Secretary shall initiate and carry out public engagement with residents and stakeholders from disadvantaged communities containing a peaker plant. SEC. 4. CREDIT FOR GENERATION AND STORAGE OF ENERGY FROM RENEWABLE SOURCES. (a) In General.--Subpart E of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after section 48C the following new section: ``SEC. 48D. RENEWABLE ENERGY GENERATION AND STORAGE CREDIT. ``(a) In General.--For purposes of section 46, the renewable energy generation and storage credit for any taxable year is an amount equal to 10 percent of the qualified investment for such taxable year with respect to any qualified renewable energy facility. ``(b) Qualified Investment With Respect to Qualified Renewable Energy Facilities.-- ``(1) In general.--For purposes of subsection (a), the qualified investment with respect to a qualified renewable energy facility for any taxable year is the basis of any qualified property placed in service by the taxpayer during such taxable year which is part of a qualified renewable energy facility. ``(2) Qualified property.--For purposes of this subsection, the term `qualified property' means property-- ``(A) which is-- ``(i) tangible personal property, or ``(ii) other tangible property (not including a building or its structural components), but only if such property is used as an integral part of the qualified renewable energy facility, ``(B) with respect to which depreciation (or amortization in lieu of depreciation) is allowable, ``(C) which is constructed, reconstructed, erected, installed, or acquired by the taxpayer, and ``(D) the original use of which commences with the taxpayer. ``(3) Qualified renewable energy facility.-- ``(A) In general.--Subject to subparagraph (B), the term `qualified renewable energy facility' means a facility which-- ``(i) uses solar, wind, low-impact hydroelectric (as certified by the Low Impact Hydropower Institute), geothermal, tidal, or wave energy to generate electricity which will be received and stored by property described in clause (ii), ``(ii) contains property which receives, stores, and delivers electricity described in clause (i), provided that such electricity is-- ``(I)(aa) sold by the taxpayer to an unrelated person, or ``(bb) in the case of a facility which is equipped with a metering device which is owned and operated by an unrelated person, sold or consumed by the taxpayer, and ``(II) at a minimum, discharged at such times as a peaker plant within the same electrical grid load zone would operate to meet peak electricity demand (as determined by the grid operator for such electrical grid), and ``(iii) which is placed in service-- ``(I) in a disadvantaged community which is located within-- ``(aa) the same census tract as a peaker plant, or ``(bb) a census tract that is adjacent to a census tract in which a peaker plant is located, and ``(II) after December 31, 2021. ``(B) Special rule.--For purposes of this paragraph, a facility shall not be deemed to be a qualified renewable energy facility unless the taxpayer demonstrates, to the satisfaction of the Secretary, that-- ``(i) the property described in clause (i) of subparagraph (A) is co-located with property described in clause (ii) of such subparagraph, ``(ii) such taxpayer has, with respect to the property described in clause (ii) of such subparagraph, entered into a contract which ensures that such property operates primarily to receive, store, and deliver electricity from any property described in clause (i) of such subparagraph, or ``(iii) the property described in clause (ii) of such subparagraph receives electricity during periods of typically high production of electricity, as a percentage of the grid generation mix, from sources described in clause (i) of such subparagraph, as determined by the grid operator for the electrical grid. ``(c) Certain Progress Expenditure Rules Made Applicable.--Rules similar to the rules of subsections (c)(4) and (d) of section 46 (as in effect on the day before the date of the enactment of the Revenue Reconciliation Act of 1990) shall apply for purposes of subsection (a). ``(d) Definitions.--The terms `disadvantaged community' and `peaker plant' have the same meanings given such term under section 2 of the PEAKER Act of 2021.''. (b) Conforming Amendments.-- (1) Section 46 of the Internal Revenue Code of 1986 is amended-- (A) by striking ``and'' at the end of paragraph (5); (B) by striking the period at the end of paragraph (6) and inserting ``, and''; and (C) by adding at the end the following new paragraph: ``(7) the renewable energy generation and storage credit.''. (2) Section 49(a)(1)(C) of such Code is amended-- (A) by striking ``and'' at the end of clause (iv); (B) by striking the period at the end of clause (v) and inserting ``, and''; and (C) by adding at the end the following new clause: ``(vi) the basis of any qualified property which is part of a qualified renewable energy facility under section 48D.''. (3) Section 50(a)(2)(E) of such Code is amended by striking ``or 48C(b)(2)'' and inserting ``48C(b)(2), or 48D(c)''. (4) The table of sections for subpart E of part IV of subchapter A of chapter 1 of such Code is amended by inserting after the item relating to section 48C the following new item: ``48D. Renewable energy generation and storage credit.''. (c) Effective Date.--The amendments made by this subsection shall apply to property placed in service after December 31, 2020, under rules similar to the rules of section 48(m) of the Internal Revenue Code of 1986 (as in effect on the day before the date of the enactment of the Revenue Reconciliation Act of 1990). SEC. 5. RENEWABLE ENERGY GRANT PROGRAM. (a) Definitions.--In this section: (1) Eligible entity.--The term ``eligible entity'' means each of the following: (A) A unit of State or local government. (B) A tax-exempt nonprofit organization. (C) A community-owned energy generation facility or energy storage facility located in a disadvantaged community. (D) A community-based energy cooperative or a similar group of individuals within a community who are pursuing an eligible project described in subsection (d). (E) A partnership between-- (i) 1 or more of the entities described in subparagraphs (A) through (D); and (ii)(I) an electric utility; or (II) a private entity. (2) Energy storage facility.--The term ``energy storage facility'' means a facility that receives, stores, and delivers electricity. (3) Program.--The term ``program'' means the grant program established under subsection (b). (4) Qualifying community energy proposal.--The term ``qualifying community energy proposal'' means a proposal to deploy and implement renewable energy generation, energy storage technology, energy efficiency upgrades, energy demand management strategies, or distributed renewable energy resources that a qualifying community energy study determines can reduce the runtime of an existing or planned peaker plant or otherwise reduce or replace the need for an existing or planned peaker plant. (5) Qualifying community energy study.--The term ``qualifying community energy study'' means a study or assessment that-- (A) seeks to identify clean energy strategies to reduce the runtime of an existing or planned peaker plant or otherwise reduce or replace the need for an existing or planned peaker plant, including strategies that involve-- (i) renewable energy generation; (ii) energy storage technology; (iii) energy efficiency upgrades; (iv) energy demand management strategies; or (v) distributed renewable energy deployment; and (B) is led by or performed in partnership with the communities directly impacted by pollution from a peaker plant that is located within the same or an adjacent census tract. (6) Qualifying energy storage facility.--The term ``qualifying energy storage facility'' means an energy storage facility that-- (A) is colocated with a qualifying renewable energy facility and operates primarily to receive, store, and deliver renewable energy generated by that qualifying renewable energy facility; (B) has entered into a contract with 1 or more qualifying renewable energy facilities such that the energy storage system operates primarily to receive, store, and deliver renewable energy generated by those qualifying renewable energy facilities; or (C) receives electricity during periods of typically high production of renewable energy (as a percentage of the grid generation mix), as determined by the operator of the applicable electrical grid. (7) Qualifying renewable energy facility.--The term ``qualifying renewable energy facility'' means a facility that-- (A) generates renewable energy; and (B)(i) is colocated with a qualifying energy storage facility; or (ii) has entered into a contract described in paragraph (6)(B) with 1 or more qualifying energy storage facilities. (8) Renewable energy.--The term ``renewable energy'' means electricity that is generated by or derived from, as applicable-- (A) a low-impact hydroelectric facility certified by the Low Impact Hydropower Institute; (B) solar energy; (C) wind energy; (D) geothermal energy; (E) tidal energy; or (F) wave energy. (b) Establishment.--Not later than 1 year after the date of enactment of this Act, the Secretary shall establish a grant program to assist eligible entities in-- (1) carrying out projects for the construction, reconstruction, erection, installation, or acquisition of qualifying renewable energy facilities and qualifying energy storage facilities; (2) carrying out projects for the implementation of qualifying community energy proposals; and (3) developing and carrying out qualifying community energy studies. (c) Applications.--To be eligible to receive a grant under the program, an eligible entity shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. (d) Eligible Projects and Qualifying Community Energy Studies.--The Secretary may provide a grant under the program for-- (1) a project described in subsection (b)(1) only if each qualifying renewable energy facility and qualifying energy storage facility to be constructed, reconstructed, erected, installed, or acquired pursuant to the project will-- (A) be located in, or provide a direct and significant benefit to, a disadvantaged community that is located within-- (i) the same census tract as an existing or planned peaker plant; or (ii) a census tract that is adjacent to a census tract in which an existing or planned peaker plant is or will be located; and (B) at a minimum, discharge electricity at such times as a peaker plant within the same electrical grid load zone would operate to meet peak electricity demand, as determined by the operator of the applicable electrical grid; (2) a project described in subsection (b)(2) only if the qualifying community energy proposal to be implemented pursuant to the project will be implemented in, or provide a direct and significant benefit to, a disadvantaged community that is located within a census tract described in clause (i) or (ii) of paragraph (1)(A); and (3) the development and carrying out of a qualifying community energy study only if the qualifying community energy study will provide for engagement with, and incorporate feedback from, each disadvantaged community that is located within a census tract described in clause (i) or (ii) of paragraph (1)(A). (e) Technical Assistance Grants.--The Secretary may use amounts appropriated under subsection (i) to provide grants to eligible entities for the cost of acquiring technical assistance for the preparation and submission of an application under subsection (c). (f) Priority for Certain Eligible Entities.--In evaluating applications submitted by eligible entities described in subsection (a)(1)(B), the Secretary shall give priority to applications submitted by local, community-based organizations or energy cooperatives. (g) Cost Sharing.-- (1) In general.--Except as provided in paragraph (2), with respect to each project described in paragraph (1) or (2) of subsection (b) for which a grant is provided under the program, the maximum amount provided for the project under the program shall not exceed 60 percent of the total cost incurred by the applicable eligible entity for, as applicable-- (A) the construction, reconstruction, erection, installation, or acquisition of the applicable qualifying renewable energy facility or qualifying energy storage facility; or (B) the implementation of the applicable qualifying community energy proposal. (2) Local, community-based organizations and energy cooperatives.--With respect to a project described in paragraph (1) that is carried out by, or for which an application is submitted by, a local, community-based organization or an energy cooperative, the maximum amount provided for the project under the program shall not exceed 80 percent of the total cost incurred by the local, community-based organization or energy cooperative for the activities described in subparagraph (A) or (B) of that paragraph, as applicable. (h) Community Engagement.--In carrying out this section, the Secretary shall initiate and carry out public engagement, particularly with residents and stakeholders from disadvantaged communities and communities in or adjacent to areas with existing peaker plants identified in a report under section 3(a), to ensure that-- (1)(A) the public has input into the formulation of the program; and (B) based on that input, the program best addresses the needs and circumstances of disadvantaged communities; and (2) the public has information relating to the program, including-- (A) the benefits of, and opportunities for, eligible projects under the program; and (B) the ways in which disadvantaged communities can best use the program to address the clean energy goals of those disadvantaged communities. (i) Authorization of Appropriations.--There is authorized to be appropriated to the Secretary to carry out the program not more than $1,000,000,000 for each of fiscal years 2022 through 2032. <all>

PEAKER Act of 2021

A bill to require the Secretary of Energy to submit to Congress an annual report on peaker plants in the United States and to provide financial incentives for replacing peaker plants with technology that receives, stores, and delivers energy generated by renewable energy resources, and for other purposes.

PEAKER Act of 2021 Promoting Energy Alternatives is Key to Emission Reductions Act of 2021

Sen. Gillibrand, Kirsten E.

D

NY

H.R.8995

Health

Affordable Rabies Treatment for Uninsured Act This bill requires the Department of Health and Human Services to establish a program to reimburse health care providers that furnish postexposure rabies treatments to uninsured individuals.

To require the Secretary of Health and Human Services to establish a program to reimburse health care providers for furnishing rabies postexposure prophylaxis to uninsured individuals. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Affordable Rabies Treatment for Uninsured Act''. SEC. 2. REQUIRING THE SECRETARY OF HEALTH AND HUMAN SERVICES TO ESTABLISH A PROGRAM TO REIMBURSE HEALTH CARE PROVIDERS FOR FURNISHING RABIES POSTEXPOSURE PROPHYLAXIS TO UNINSURED INDIVIDUALS. (a) In General.--The Secretary of Health and Human Services shall establish a program under which-- (1) program-registered providers submit claims to the Secretary with respect to the furnishing of medically necessary rabies postexposure prohylaxis to uninsured individuals; and (2) the Secretary, subject to the availability of appropriations, pays each such provider for such prohylaxis in an amount determined appropriate by the Secretary. (b) Definitions.--In this section: (1) Program-registered provider.--The term ``program- registered provider'' means a health care provider that-- (A) is licensed or otherwise authorized to furnish rabies postexposure prohylaxis in the State in which such provider furnishes such prophylaxis under the program established under this section; and (B) enters into an agreement with the Secretary under which the provider agrees-- (i) not to hold an uninsured individual liable for the cost of rabies postexposure prophylaxis with respect to which a payment is made under subsection (a)(2); and (ii) to limit any charge to such individual for the administration of such prophylaxis with respect to which such a payment is so made to an amount specified by the Secretary. (2) Rabies postexposure prohylaxis.--The term ``rabies postexposure prophylaxis'' means human rabies immune globulin and rabies vaccine doses, or any other treatment specified by the Secretary, furnished in accordance with guidelines specified by the Secretary to an individual who has been potentially exposed to the rabies virus to prevent the occurrence of rabies. (3) Secretary.--The term ``Secretary'' means the Secretary of Health and Human Services. (4) Uninsured individual.--The term ``uninsured individual'' means, with respect to an individual furnished rabies postexposure prohylaxis, an individual who-- (A) is not enrolled in-- (i) a Federal health care program (as defined in section 1128B(f) of the Social Security Act (42 U.S.C. 1320a-7b(f))); (ii) a group health plan or health insurance coverage offered by a health insurance issuer in the group or individual market (as such terms are defined in section 2791 of the Public Health Service Act (42 U.S.C. 300gg-91)); or (iii) a health plan offered under chapter 89 of title 5, United States Code; or (B) is enrolled in a program, plan, or coverage described in subparagraph (A) that does not provide any benefits for such prophylaxis under such program, plan, or coverage (as applicable). <all>

Affordable Rabies Treatment for Uninsured Act

To require the Secretary of Health and Human Services to establish a program to reimburse health care providers for furnishing rabies postexposure prophylaxis to uninsured individuals.

Affordable Rabies Treatment for Uninsured Act

Rep. Bera, Ami

D

CA

H.R.2761

Environmental Protection

Comprehensive National Mercury Monitoring Act This bill requires the Environmental Protection Agency (EPA) to establish a national mercury monitoring program. Under the program, the EPA must track and report on long-term changes of mercury concentrations in air, water, soil, and fish and wildlife. In addition, the EPA must establish an online database for mercury data.

To establish a national mercury monitoring program, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Comprehensive National Mercury Monitoring Act''. SEC. 2. FINDINGS. Congress finds that-- (1) mercury is a potent neurotoxin of significant ecological and public health concern; (2) it is estimated that approximately 200,000 children born each year in the United States are exposed to levels of mercury in the womb that are high enough to impair neurological development; (3) based on estimates from the Centers for Disease Control and Prevention, between 2000 and 2010, between 2 and 6 percent of women in the United States of childbearing age have exceeded blood mercury levels determined to be safe by the Environmental Protection Agency; (4) exposure to mercury occurs largely by the consumption of contaminated fish, but fish and shellfish are important sources of dietary protein and micronutrients, and a healthy fishing resource is important to the economy of the United States; (5) in many locations, the primary route for mercury input to aquatic ecosystems is atmospheric emissions, transport, and deposition; (6) existing broad-scale data sets are important but insufficient to track changes in mercury levels in the environment over time, test model predictions, and assess the impact of changing mercury emissions and deposition; and (7) a comprehensive national mercury monitoring network to accurately quantify regional and national changes in atmospheric mercury deposition, ecosystem contamination, and bioaccumulation of mercury in fish and wildlife in response to changes in mercury emissions would help policy makers, scientists, and the public to better understand the sources, consequences, and trends of mercury pollution in the United States. SEC. 3. DEFINITIONS. In this Act: (1) Administrator.--The term ``Administrator'' means the Administrator of the Environmental Protection Agency. (2) Advisory committee.--The term ``Advisory Committee'' means the Mercury Monitoring Advisory Committee established under section 5(a). (3) Ancillary measure.--The term ``ancillary measure'' means a measure that is used to understand the impact and interpret results of measurements under the program. (4) Ecoregion.--The term ``ecoregion'' means a large area of land and water that contains a geographically distinct assemblage of natural communities, including similar land forms, climate, ecological processes, and vegetation. (5) Mercury export.--The term ``mercury export'' means mercury transport from a watershed to the corresponding body of water, or from 1 body of water to another body of water (such as from a lake to a river), generally expressed as-- (A) mass per unit of time; or (B) mass per unit of watershed or body of water area per unit of time. (6) Mercury flux.--The term ``mercury flux'' means the rate of transfer of mercury between ecosystem components (such as between water and air or land and air) or between portions of ecosystem components, expressed in terms of-- (A) mass per unit of time; or (B) mass per unit of area of land or water per unit of time. (7) Program.--The term ``program'' means the national mercury monitoring program established under section 4(a). (8) Surface sediment.--The term ``surface sediment'' means sediment in the uppermost 2 centimeters of a lakebed, riverbed, estuary, or coastal area. SEC. 4. MONITORING PROGRAM. (a) Establishment.-- (1) In general.--The Administrator, in consultation with the Director of the United States Fish and Wildlife Service, the Director of the United States Geological Survey, the Director of the National Park Service, the Administrator of the National Oceanic and Atmospheric Administration, and the heads of other appropriate Federal agencies, shall establish a national mercury monitoring program. (2) Purpose.--The purpose of the program is to track-- (A) long-term trends in atmospheric mercury concentrations and deposition; and (B) mercury levels in watersheds, surface water, and fish and wildlife in terrestrial, freshwater, coastal, and marine ecosystems in response to changing mercury emissions over time. (3) Monitoring sites.-- (A) In general.--In carrying out paragraph (1), not later than 1 year after the date of enactment of this Act and in coordination with the Advisory Committee, the Administrator shall select multiple monitoring sites representing multiple ecoregions and associated coastal waters of the United States. (B) Locations.--Locations of monitoring sites shall include-- (i) units of the National Park System; (ii) units of the National Wildlife Refuge System; (iii) units of the National Estuarine Research Reserve System; and (iv) sensitive ecological areas in which substantive changes are expected from reductions in domestic mercury emissions. (C) Colocation.--Monitoring sites shall be colocated with sites from other long-term environmental monitoring programs, where practicable, including sites associated with the National Ecological Observatory Network, the Long Term Ecological Research Network, and the National Atmospheric Deposition Program. (D) Monitoring protocols.--Not later than 1 year after the date of enactment of this Act, the Administrator, in coordination with the Advisory Committee, shall establish and publish standardized measurement protocols for the program. (4) International cooperation.--To the maximum extent practicable, the program shall be compatible with similar international efforts, including the Arctic Monitoring and Assessment Programme, the Global Earth Observation System of Systems, and the monitoring associated with the effectiveness evaluation of the Minamata Convention on Mercury, adopted October 10, 2013 (TIAS 17-816), which entered into force on August 16, 2017. (5) Data collection and distribution.--Not later than 1 year after the date of enactment of this Act, the Administrator, in coordination with the Advisory Committee, shall establish-- (A) a centralized database for existing and newly collected environmental mercury data that can be freely accessed on the internet; and (B) assurance and quality standards for the database under subparagraph (A). (b) Functions.-- (1) In general.--Under the program, the Administrator, in consultation with the appropriate Federal agencies and the Advisory Committee, shall at a minimum carry out monitoring described in paragraphs (2) through (4) at the locations selected under subsection (a)(3). (2) Air and watersheds.--The program, in association with the National Atmospheric Deposition Program, shall monitor long-term changes in mercury levels and important ancillary measures in the air, including-- (A) the measurement and recording of wet mercury deposition; (B) an estimation of-- (i) dry mercury deposition (such as litter mercury deposition); (ii) mercury flux; and (iii) mercury export; and (C) the measurement of mercury isotopes and ancillary measurements to fully understand the transport, cycling, and transformations of mercury through ecosystems. (3) Water and soil chemistry.--The program, in association with the WaterWatch Program established by the United States Geological Survey, shall monitor long-term changes in mercury and methyl mercury levels and important ancillary measures in the water and soil or sediments, including-- (A) extraction and analysis of soil and sediment cores; (B) measurement and recording of total mercury and methyl mercury concentration in surface sediments; and (C) measurement and recording of total mercury and methyl mercury concentration in surface waters. (4) Aquatic and terrestrial organisms.--The program, in association with the United States Fish and Wildlife Service and the Inventory and Monitoring Division of the National Park Service, shall monitor long-term changes in mercury and methyl mercury levels and important ancillary measures in marine, freshwater, and terrestrial organisms, including-- (A) measurement and recording of total mercury and methyl mercury concentrations in-- (i) invertebrates; (ii) yearling or lower trophic level fish; and (iii) commercially, recreationally, or conservation relevant fish; and (B) measurement and recording of total mercury concentrations in-- (i) selected insect- and fish-eating birds; and (ii) selected insect- and fish-eating mammals. SEC. 5. ADVISORY COMMITTEE. (a) Establishment.--The Administrator, in consultation with the Director of the United States Fish and Wildlife Service, the Director of the United States Geological Survey, the Director of the National Park Service, the Administrator of the National Oceanic and Atmospheric Administration, and the heads of other appropriate Federal agencies, shall establish a scientific advisory committee, to be known as the ``Mercury Monitoring Advisory Committee'', to advise the Administrator and those Federal agencies on the establishment, site selection, measurement, recording protocols, and operation of the program. (b) Membership.--The Advisory Committee shall consist of scientists who are not employees of the Federal Government, including-- (1) 3 scientists appointed by the Administrator; (2) 2 scientists appointed by the Director of the United States Fish and Wildlife Service; (3) 2 scientists appointed by the Director of the United States Geological Survey; (4) 2 scientists appointed by the Director of the National Park Service; and (5) 2 scientists appointed by the Administrator of the National Oceanic and Atmospheric Administration. SEC. 6. REPORTS AND PUBLIC DISCLOSURE. (a) Reports.--Not later than 2 years after the date of enactment of this Act and every 2 years thereafter, the Administrator shall submit to Congress a report on the program, including data on relevant temporal trends and spatial gradients in mercury contamination in the environment. (b) Assessment.--Not less frequently than once every 4 years, the report required under subsection (a) shall include an assessment of mercury deposition rates that need to be achieved in order to prevent adverse human and ecological effects. (c) Availability of Data.--The Administrator shall make all data obtained under this Act available to the public through a dedicated website and on written request. SEC. 7. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to carry out this Act-- (1) $37,000,000 for fiscal year 2022; (2) $29,000,000 for fiscal year 2023; and (3) $29,000,000 for fiscal year 2024. <all>

Comprehensive National Mercury Monitoring Act

To establish a national mercury monitoring program, and for other purposes.

Comprehensive National Mercury Monitoring Act

Rep. Cartwright, Matt

D

PA

S.2777

Health

Equitable Payments for Nursing Facilities Act of 2021 This bill allows the Centers for Medicare & Medicaid Services to adjust the federal per diem payment rate for Medicare skilled nursing facilities in Alaska or Hawaii to reflect the unique circumstances of such facilities.

To amend title XVIII of the Social Security Act to authorize the Secretary of Health and Human Services to make adjustments to payment rates for skilled nursing facilities under the Medicare program to account for certain unique circumstances. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Equitable Payments for Nursing Facilities Act of 2021''. SEC. 2. AUTHORIZING THE SECRETARY OF HEALTH AND HUMAN SERVICES TO MAKE ADJUSTMENTS TO PAYMENT RATES FOR SKILLED NURSING FACILITIES UNDER THE MEDICARE PROGRAM TO ACCOUNT FOR CERTAIN UNIQUE CIRCUMSTANCES. Section 1888(e)(4)(G) of the Social Security Act (42 U.S.C. 1395yy(e)(4)(G)) is amended by adding at the end the following new clause: ``(iv) Adjustment for unique circumstances.--The Secretary may provide for such adjustments as determined appropriate by the Secretary to take into account the unique circumstances of skilled nursing facilities located in Alaska or Hawaii.''. <all>

Equitable Payments for Nursing Facilities Act of 2021

A bill to amend title XVIII of the Social Security Act to authorize the Secretary of Health and Human Services to make adjustments to payment rates for skilled nursing facilities under the Medicare program to account for certain unique circumstances.

Equitable Payments for Nursing Facilities Act of 2021

Sen. Schatz, Brian

D

HI

H.R.4970

Health

Rural Medical Residency Expansion Act of 2021 This bill establishes a grant program within the Department of Health and Human Services for hospitals and other health care facilities in rural areas to establish or expand medical residency training programs.

To direct the Secretary of Health and Human Services to establish a grant program to encourage the development and expansion of approved medical residency training programs in rural areas. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Rural Medical Residency Expansion Act of 2021''. SEC. 2. GRANT PROGRAM TO ENCOURAGE THE DEVELOPMENT AND EXPANSION OF APPROVED MEDICAL RESIDENCY TRAINING PROGRAMS IN RURAL AREAS. (a) In General.--Not later than 90 days after the date of the enactment of this Act, the Secretary of Health and Human Services (in this section referred to as the ``Secretary'') shall establish a program to be known as the Rural Medical Residency Expansion Grant Program (in this section referred to as the ``Program'') for purposes of awarding grants during the 10-year period beginning on such date to qualifying hospitals and entities (as defined in subsection (d)) to facilitate the development or expansion of approved medical residency training programs (as defined for purposes of section 1886(h) of the Social Security Act (42 U.S.C. 1395ww(h))). (b) Application.--The Secretary may award grants under the Program only to a qualifying hospital that submits to the Secretary an application at such time, in such manner, and containing such information as may be specified by the Secretary. Such award shall be in an amount determined appropriate by the Secretary. (c) Use of Funds.--Funds made available to a qualifying hospital pursuant to a grant awarded under the Program may only be used by such hospital to-- (1) develop an approved medical residency training program; or (2) expand an existing such program. (d) Qualifying Hospital and Entity Defined.--For purposes of this section, the term ``qualifying hospital and entity'' means-- (1) a hospital (as defined in section 1861 of the Social Security Act (42 U.S.C. 1395x)); (2) a critical access hospital (as so defined); (3) a sole community hospital (as defined in section 1886(d)(5)(D)(iii) of such Act (42 U.S.C. 1395ww(d)(5)(D)(iii))); (4) a rural emergency hospital (as defined in section 1861(kkk)(2) of such Act (42 U.S.C. 1395x(kkk)(2))); or (5) an entity eligible for the Rural Residency Planning and Development Program administered by the Health Resources & Services Administration of the Department of Health and Human Services. (e) Reporting.-- (1) Initial report.--Not later than 1 year after the date specified in subsection (a), the Secretary of Health and Human Services shall submit to the Committee on Energy and Commerce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate on how many qualifying hospitals and entities received funding under the Program and how many new residents were trained as a result of the Program. (2) Subsequent reports.--The Secretary of Health and Human Services shall submit to such Committees a report that identifies the practices of residents participating in the Program (including whether such residents are practicing in a rural area) 5 and 10 years after the report is submitted pursuant to paragraph (1). (f) Funding.--There are authorized to be appropriated $100,000,000 for the 10-year period beginning with the first calendar year in which the Program is established for purposes of carrying out this section. <all>

Rural Medical Residency Expansion Act of 2021

To direct the Secretary of Health and Human Services to establish a grant program to encourage the development and expansion of approved medical residency training programs in rural areas.

Rural Medical Residency Expansion Act of 2021

Rep. O'Halleran, Tom

D

AZ

S.4519

Government Operations and Politics

Prohibiting Abortion on Federal Lands Act This bill prohibits the federal government from promoting, supporting, or contracting with abortion entities, or otherwise expanding access to abortions on federal lands or in federal facilities, including military installations, national parks, court houses, and other federal buildings.

To prohibit the Federal Government from promoting, supporting, or contracting with abortion entities, or otherwise expanding access to abortions on Federal lands or in Federal facilities. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Prohibiting Abortion on Federal Lands Act''. SEC. 2. PROHIBITION ON FEDERAL GOVERNMENT PROMOTION OF ABORTIONS. (a) In General.--The Federal Government shall not promote, support, or enter into contracts with abortion entities, or otherwise expand access to abortions on Federal lands or in Federal facilities, including military installations, national parks, court houses, and other Federal buildings. (b) Definitions.--In this section: (1) Abortion.--The term ``abortion'' means the use or prescription of any instrument, medicine, drug, or other substance or device to intentionally kill the unborn child of a women known to be pregnant, or prematurely terminate the pregnancy of a woman known to be pregnant, with an intention other than to increase the probability of a live birth or of preserving the life or health of the child after live birth, or remove a dead unborn child. (2) Abortion entity.--The term ``abortion entity'' means an entity, including its affiliates, subsidiaries, successors, and clinics, that performs, induces, refers for, or counsels in favor of abortions, or provides financial support to any other organization that conducts such activities on Federal lands or in Federal facilities. <all>

Prohibiting Abortion on Federal Lands Act

A bill to prohibit the Federal Government from promoting, supporting, or contracting with abortion entities, or otherwise expanding access to abortions on Federal lands or in Federal facilities.

Prohibiting Abortion on Federal Lands Act

Sen. Rubio, Marco

R

FL

H.R.7580

Energy

Clean Energy Minerals Reform Act of 2022 This bill addresses mineral leasing, exploration, and development on federal land. For example, the bill

To modify the requirements applicable to locatable minerals on public domain lands, consistent with the principles of self-initiation of mining claims, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Clean Energy Minerals Reform Act of 2022''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Definitions and references. Sec. 3. Application rules. TITLE I--MINERAL LEASING, EXPLORATION, AND DEVELOPMENT Sec. 101. Closure to entry and location. Sec. 102. Limitation on patents. Sec. 103. Prospecting license and hardrock leases. Sec. 104. Competitive leasing. Sec. 105. Small miners leases. Sec. 106. Lands containing nonhardrock minerals; other uses. Sec. 107. Royalty. Sec. 108. Existing production. Sec. 109. Hardrock mining claim maintenance fee. Sec. 110. Effect of payments for use and occupancy of claims. Sec. 111. Protection of special places. Sec. 112. Suitability determination. TITLE II--CONSULTATION PROCEDURE Sec. 201. Requirement for consultation. Sec. 202. Timing. Sec. 203. Scoping stage consultation. Sec. 204. Decision stage procedures. Sec. 205. Documentation and reporting. Sec. 206. Implementation. Sec. 207. Sensitive Tribal information. TITLE III--ENVIRONMENTAL CONSIDERATIONS OF MINERAL EXPLORATION AND DEVELOPMENT Sec. 301. General standard for hardrock mining on Federal land. Sec. 302. Permits. Sec. 303. Exploration permit. Sec. 304. Operations permit. Sec. 305. Persons ineligible for permits. Sec. 306. Financial assurance. Sec. 307. Operation and reclamation. Sec. 308. State law and regulation. TITLE IV--ABANDONED HARDROCK MINE RECLAMATION Sec. 401. Establishment of Fund. Sec. 402. Contents of Fund. Sec. 403. Displaced material reclamation fee. Sec. 404. Use of the Fund. TITLE V--ADDITIONAL PROVISIONS Sec. 501. Policy functions. Sec. 502. User fees and inflation adjustment. Sec. 503. Inspection and monitoring. Sec. 504. Citizens suits. Sec. 505. Administrative and judicial review. Sec. 506. Reporting requirements. Sec. 507. Enforcement. Sec. 508. Regulations. Sec. 509. Oil shale claims. Sec. 510. Savings clause. Sec. 511. Availability of public records. Sec. 512. Miscellaneous powers. Sec. 513. Mineral materials. Sec. 514. Effective date. SEC. 2. DEFINITIONS AND REFERENCES. (a) In General.--As used in this Act: (1) The term ``adjacent land'' means any land not more than two miles from the boundary of a described land tract. (2) The term ``affiliate'' means, with respect to any person, any of the following: (A) Any person who controls, is controlled by, or is under common control with such person. (B) Any partner of such person. (C) Any person owning at least 10 percent of the voting shares of such person. (3) The term ``agency'' means any authority of the United States that is an ``agency'' under section 3502(1) of title 44, United States Code. (4) The term ``applicant'' means any person applying for a permit, license, or lease under this Act or a modification to or a renewal of a permit, license, or lease under this Act. (5) The term ``beneficiation'' means the crushing and grinding of hardrock mineral ore and such processes as are employed to free the mineral from other constituents, including physical and chemical separation techniques. (6) The term ``casual use''-- (A) subject to subparagraphs (B) and (C), means mineral activities that do not ordinarily result in any disturbance of public lands and resources; (B) includes collection of geochemical, rock, soil, or mineral specimens using handtools, hand panning, or nonmotorized sluicing; and (C) does not include-- (i) the use of mechanized earth-moving equipment, suction dredging, or explosives; (ii) the use of motor vehicles in areas closed to off-road vehicles; (iii) the construction of roads or drill pads; and (iv) the use of toxic or hazardous materials. (7) The term ``claim holder'' means a person holding a mining claim, millsite claim, or tunnel site claim located under the general mining laws and maintained in compliance with such laws. Such term may include an agent of a claim holder. (8) The term ``control'' means having the ability, directly or indirectly, to determine (without regard to whether exercised through one or more corporate structures) the manner in which an entity conducts mineral activities, through any means, including ownership interest, authority to commit the entity's real or financial assets, position as a director, officer, or partner of the entity, or contractual arrangement. (9) The term ``crude ore'' means ore in its unprocessed form, containing profitable amounts of the target mineral. (10) The term ``displaced material'' means any crude ore and waste dislodged from its location at the time hardrock mineral activities begin at a surface, underground, or in-situ mine. (11) The term ``exploration''-- (A) subject to subparagraphs (B) and (C), means creating surface disturbance other than casual use, to evaluate the type, extent, quantity, or quality of minerals present; (B) includes mineral activities associated with sampling, drilling, and analyzing hardrock mineral values; and (C) does not include extraction of mineral material for commercial use or sale. (12) The term ``Federal land'' means any land, and any interest in land, that is owned by the United States, except lands in the National Park System, Indian lands, and lands on the Outer Continental Shelf. (13) The term ``Fund'' means the Hardrock Minerals Reclamation Fund established by this Act. (14) The term ``Indian lands'' means lands held in trust for the benefit of an Indian Tribe or individual or held by an Indian Tribe or individual subject to a restriction by the United States against alienation, or held by an Alaska Native village, village corporation, or regional corporation as defined in or established pursuant to the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.). (15) The term ``Indian Tribe'' means any Indian Tribe, band, nation, pueblo, or other organized group or community, including any Alaska Native village, village corporation, or regional corporation as defined in or established pursuant to the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.), that is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians. (16) The term ``hardrock mineral''-- (A) subject to subparagraph (B), means any mineral that was subject to location under the general mining laws as of the date of enactment of this Act, and that is not subject to disposition under-- (i) the Mineral Leasing Act (30 U.S.C. 181 et seq.); (ii) the Geothermal Steam Act of 1970 (30 U.S.C. 1001 et seq.); (iii) the Act of July 31, 1947, commonly known as the Materials Act of 1947 (30 U.S.C. 601 et seq.); or (iv) the Mineral Leasing for Acquired Lands Act (30 U.S.C. 351 et seq.); and (B) does not include any mineral that is subject to a restriction against alienation imposed by the United States and is-- (i) held in trust by the United States for any Indian or Indian Tribe, as defined in section 2 of the Indian Mineral Development Act of 1982 (25 U.S.C. 2101); or (ii) owned by any Indian or Indian Tribe, as defined in that section. (17) The term ``mineral activities'' means any activity on a mining claim, millsite claim, or tunnel site claim, or a lease, license, or permit issued under this Act, for, related to, or incidental to, mineral exploration, mining, beneficiation, processing, or reclamation activities for any hardrock mineral. (18) The term ``memorandum of agreement'' means a document that records the terms and conditions agreed upon by an agency and an Indian Tribe through the consultation process regarding an activity. (19) The term ``National Conservation System unit'' means any unit of the National Park System, National Wildlife Refuge System, National Wild and Scenic Rivers System, National Wilderness Preservation System, National Landscape Conservation System, or National Trails System, or a National Conservation Area, a National Recreation Area, a Wilderness Study Area, a National Monument, or any unit of the National Wilderness Preservation System or lands within the National Forest System, including: (A) National Volcanic Monuments. (B) Recreation Areas, Scenic Recreation Areas, and Winter Recreation Areas. (C) Scenic Areas, Scenic-Research Areas, Scenic Highways, National Scenic and Wildlife Areas. (D) National Game and Wildlife Preserves. (E) Special Management, Wildlife, Conservation and Protection Areas, including botanical, hydrological (watershed), geological, historical, paleontological, and zoological areas. (F) Experimental Forests, Ranges, and Watersheds. (G) Research Sites and Research Natural Areas. (H) Inventoried Roadless Area, Colorado Roadless Area, and Idaho Roadless Area. (I) Recommended Wilderness and Primitive Areas. (20) The term ``operator'' means any person proposing or authorized by a permit issued under this Act to conduct mineral activities and any agent of such person. (21) The term ``person'' means an individual, Indian Tribe, partnership, association, society, joint venture, joint stock company, firm, company, corporation, cooperative, or other organization and any instrumentality of State or local government including any publicly owned utility or publicly owned corporation of State or local government. (22) The term ``processing'' means processes downstream of beneficiation employed to prepare locatable mineral ore into the final marketable product, including smelting and electrolytic refining. (23) The term ``sacred site'' means any specific delineated location on Federal land that is identified by an Indian Tribe-- (A) as sacred by virtue of its established religious significance to, or ceremonial use by, an Indian religion; or (B) to be of established cultural significance. (24) The term ``Secretary'' means the Secretary of the Interior, unless otherwise specified. (25) The term ``Secretary concerned'' means-- (A) the Secretary of Agriculture (acting through the Chief of the Forest Service) with respect to National Forest System land; and (B) the Secretary of the Interior (acting through the Director of the Bureau of Land Management) with respect to other Federal land. (26)(A) The term ``small miner'' means a person (including all related parties thereto) that-- (i) holds not more than 10 mining claims, mill sites, or tunnel sites, or any combination thereof, on public lands; (ii) holds leases and permits under this Act with respect to not more than 200 acres of Federal land; (iii) certifies to the Secretary in writing that the person had annual gross income in the preceding calendar year from mineral production in an amount less than $50,000; and (iv) has performed assessment work required under the Mining Law of 1872 (30 U.S.C. 28 et seq.) to maintain any mining claims held by the person (including such related parties) for the assessment year ending on noon of September 1 of the calendar year in which payment of the claim maintenance fee was due. (B) For purposes of subparagraph (A), with respect to any person, the term ``all related parties'' means-- (i) the spouse and dependent children (as defined in section 152 of the Internal Revenue Code of 1986), of the person concerned; or (ii) a person affiliated with the person concerned, including-- (I) another person controlled by, controlling, or under common control with the person concerned; or (II) a subsidiary or parent company or corporation of the person concerned. (C) For purposes of subparagraph (A)(iii), the dollar amount shall be applied, for a person, to the aggregate of all annual gross income from mineral production under all mining claims held by or assigned to such person or all related parties with respect to such person, including mining claims located or for which a patent was issued before the date of enactment of this Act. (27) The term ``temporary cessation'' means a halt in mine- related production activities for a continuous period of no longer than 5 years. (28) The term ``ton'' means 2,000 pounds avoirdupois (.90718 metric ton). (29) The term ``undue degradation'' means irreparable harm to significant scientific, cultural, or environmental resources on public lands. (30) The term ``valuable mineral deposit'' means a deposit of hardrock minerals that is of sufficient value for a prudent operator to economically mine. (31) The term ``waste'' means rock that must be fractured and removed in order to gain access to crude ore. (b) References to Other Laws.-- (1) General mining laws.--Any reference in this Act to the term ``general mining laws'' is a reference to those Acts that generally comprise chapters 2, 12A, and 16, and sections 161 and 162, of title 30, United States Code. (2) Act of july 23, 1955.--Any reference in this Act to the Act of July 23, 1955, is a reference to the Act entitled ``An Act to amend the Act of July 31, 1947 (61 Stat. 681) and the mining laws to provide for multiple use of the surface of the same tracts of the public lands, and for other purposes'' (30 U.S.C. 601 et seq.). SEC. 3. APPLICATION RULES. (a) In General.--This Act applies to any mining claim, millsite claim, or tunnel site claim located under the general mining laws, before or on the date of enactment of this Act. (b) Application of Act to Beneficiation and Processing of Non- Federal Minerals on Federal Lands.--The provisions of this Act shall apply in the same manner and to the same extent to mining claims, millsite claims, tunnel site claims, and any land included in a lease or license issued under this Act, used for beneficiation or processing activities for any hardrock mineral. TITLE I--MINERAL LEASING, EXPLORATION, AND DEVELOPMENT SEC. 101. CLOSURE TO ENTRY AND LOCATION. (a) Closure.--Except as otherwise provided in this section, as of the effective date of this Act all Federal lands are closed to entry and location under the general mining laws, and no new rights under the general mining laws may be acquired. (b) Existing Nonproducing Claims.-- (1) Claims without plan of operations.--Any claim under the general mining laws existing on the effective date of this Act for which a plan of operations is not approved, or a notice of operations is not filed, before such date shall be subject to the requirements of this Act, and may remain in effect until not later than the end of the 10-year period beginning on the date of enactment of this Act if the claimholder remains in compliance with section 109, unless the claim holder-- (A) relinquishes the claim; or (B) demonstrates eligibility for a lease and requests conversion under the regulations issued under subsection (d). (2) Shortening of period.--The 10-year period referred to in paragraph (1) shall be shortened to 3 years if-- (A) the claim is for an area that is located in an area withdrawn or temporarily segregated from location under the general mining laws as of the effective date of this Act; or (B) the claim belongs to a small miner. (3) Conversion.--Upon showing to the satisfaction of the Secretary of a valuable mineral deposit on lands subject to such a claim, the Secretary may convert the claim to a noncompetitive lease under the regulations issued under subsection (d). (4) Claims not converted.--Any such claims not converted to leases at the end of the applicable period under paragraph (1) or (2) shall be considered invalid and void. (c) Existing Claims With Plan of Operation.-- (1) In general.--In the case of any claim under the general mining laws for which a plan of operations has been approved but for which operations have not commenced before the date of enactment of this Act-- (A) during the 10-year period beginning on the date of enactment of this Act-- (i) mineral activities on lands subject to such claim shall be subject to such plan of operations; and (ii) modification of such plan may be made in accordance with the provisions of law applicable before the date of enactment of this Act if such modifications are considered minor by the Secretary concerned; and (B) the operator shall bring such mineral activities into compliance with this Act by the end of such 10-year period. (2) Activities pending decision on modification to plan of operations.--If an application for modification of a plan of operations referred to in paragraph (1)(A)(ii) has been timely submitted and an approved plan expires before the Secretary concerned takes action on the application, mineral activities and reclamation may continue in accordance with the terms of the expired plan until such Secretary makes an administrative decision on the application. (3) Conversion requirement.--Any claims referred to in paragraph (1) may remain in effect for a period of up to 10 years. Any claim not converted to a lease under subsection (d) before the end of that period shall be subject to a fee of $100 per acre per day until the claim is converted to a lease. (d) Conversion Regulations.-- (1) In general.--The Secretary shall issue regulations not later than 1 year after the date of enactment of this Act to provide for the conversion of mining claims to noncompetitive mining leases. (2) Content.--The regulations issued under paragraph (1) shall-- (A) prohibit the conversion of a mining claim to a mining lease by a claimholder who is in violation of this Act or other State or Federal environmental, health, or worker safety law; (B) allow the Secretary to exercise discretion to include nonmineral lands within the boundaries of any mill site associated with the mining claim to be converted to a noncompetitive lease; (C) prohibit the area in any noncompetitive mining lease issued under this subsection to exceed the maximum area authorized by this Act to be leased to any person; (D) require the consent of the surface managing agency for conversion of a mining claim to a noncompetitive mining lease; (E) require the fiscal terms of the converted noncompetitive mining lease to be the same as provided in this Act for other hardrock mining leases; (F) require compliance with all provisions of this Act; and (G) include any other terms the Secretary considers appropriate. (e) National Environmental Policy Act.--The Secretary is not required to conduct an environmental analysis under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) for the issuance of a noncompetitive lease under this section, unless the noncompetitive lease modifies or extends the surface disturbance already authorized under a mine plan of operations covering the mining claim that is converted. SEC. 102. LIMITATION ON PATENTS. (a) Mining Claims.-- (1) Determinations required.--After the date of enactment of this Act, no patent shall be issued by the United States for any mining claim located under the general mining laws unless the Secretary determines that, for the claim concerned-- (A) a patent application was filed with the Secretary on or before September 30, 1994; and (B) all requirements established under sections 2325 and 2326 of the Revised Statutes (30 U.S.C. 29 and 30), in the case of a vein or lode claim, or sections 2329, 2330, 2331, and 2333 of the Revised Statutes (30 U.S.C. 35, 36, and 37), in the case of a placer claim, were fully complied with by that date. (2) Right to patent.--If the Secretary makes the determinations referred to in subparagraphs (A) and (B) of paragraph (1) for any mining claim, the holder of the claim shall be entitled to the issuance of a patent in the same manner and degree to which such claim holder would have been entitled to prior to the enactment of this Act, unless such determinations are withdrawn or invalidated by the Secretary or by a court of the United States. (b) Millsite Claims.-- (1) Determinations required.--After the date of enactment of this Act, no patent shall be issued by the United States for any millsite claim located under the general mining laws unless the Secretary determines that for such millsite-- (A) a patent application for the land subject to such claim was filed with the Secretary on or before September 30, 1994; and (B) all requirements applicable to such patent application were fully complied with before that date. (2) Right to patent.--If the Secretary makes the determinations described in subparagraphs (A) and (B) of paragraph (1) for any millsite claim, the holder of the claim shall be entitled to the issuance of a patent in the same manner and degree to which such claim holder would have been entitled to prior to the enactment of this Act, unless such determinations are withdrawn or invalidated by the Secretary or by a court of the United States. SEC. 103. PROSPECTING LICENSE AND HARDROCK LEASES. (a) In General.--No person may conduct mineral prospecting for commercial purposes for any hardrock mineral on Federal lands without a prospecting license or a small miners lease. (b) Prospecting Licenses.-- (1) In general.--The Secretary may, under such rules and regulations as the Secretary may prescribe and with the concurrence of the relevant surface management agency, grant an applicant a prospecting license that shall give the exclusive right to prospect for specified hardrock minerals on Federal lands for a period of not exceeding 2 years. (2) Maximum area.--The area subject to such a license shall not exceed 2,560 acres of land, in reasonably compact form. (3) License application fee.--The Secretary shall charge a fee for each license application to cover the costs of processing the license, and the license shall be subject to annual rentals equal to $10 per acre per year. (4) Terms and conditions.--A prospecting license must conform with the terms and conditions of a comprehensive land use plan approved under the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.) or the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1600 et seq.). For areas where a comprehensive land use plan treating hardrock mining as a multiple-use activity has not been completed, the Secretary concerned shall ensure that the land to be covered by the license is suitable for mineral activities. (5) Extension.--A prospecting license may be extended for up to an additional 4 years upon a showing by the licensee that the licensee explored with reasonable diligence and was unable to determine the existence and workability of a valuable deposit covered by the license, or that the failure to perform diligent prospecting activities was due to conditions beyond the licensee's control. (c) Noncompetitive Leases.-- (1) In general.--Upon a showing to the satisfaction of the Secretary by a prospecting licensee under subsection (a) that a valuable deposit of a hardrock mineral has been discovered by the licensee within an area covered by the prospecting license and with the consent of the surface agency, the licensee shall be entitled to a lease for any or all of the land included in the prospecting license, as well as any nonmineral lands necessary for processing or milling operations, at a royalty of no less than 12.5 percent of the gross value of production of hardrock minerals or mineral concentrates or products derived from hardrock minerals under the lease. Rentals for such lease shall be set by the Secretary at no less than $10 per acre per year, with rentals paid in any one year credited against royalties accruing for that year. The recipient of such lease is not entitled to an operations permit. (2) Lease period.-- (A) In general.--A lease under this section shall be for a period of 20 years, with the right to renew for successive periods of 10 years if hardrock minerals are being produced in commercial quantities under the lease. (B) Extension during nonproduction.--If hardrock minerals are not being produced in commercial quantities at the end of the primary term or any subsequent term of such a lease, the Secretary may issue a 10-year extension of the lease in the interest of conservation, reclamation maintenance, or upon a successful showing by the lessee that the lease cannot be successfully operated at a profit or for other reasons. No more than one extension under this subparagraph may be issued. (d) Cumulative Acreage Limitation.--No person may take, hold, own, or control at one time, whether acquired directly from the Secretary under this Act or otherwise, hardrock mining leases or licenses for an aggregate of more than 20,480 acres in any one State. (e) Reduction of Royalty Rate.-- (1) Subject to paragraph (2), the Secretary-- (A) may reduce the royalty rate for a lease upon a showing by clear and convincing evidence by the person conducting mineral activities under the lease that production would not occur without the reduction in royalty; and (B) may reduce royalty and rental rates for a lease to encourage exploration for and development of hardrock minerals classified as strategic and critical by the Department of Energy. (2) The Secretary may not reduce the royalty rate for a lease pursuant to paragraph (1) to a royalty rate of less than 6.25 percent. (f) Protection of Land and Other Resources.--The Secretary may include in any lease or license issued under this Act such provisions as are necessary to adequately protect the lands and other resources in the vicinity of the area subject to the lease or license. For land not managed by the Department of the Interior, the Secretary shall consult with the appropriate surface management agency in formulating such provisions. SEC. 104. COMPETITIVE LEASING. (a) In General.--Subject to sections 111 and 112, Federal lands known to contain valuable deposits of hardrock minerals that are not covered by claims, licenses, or leases may only be open to hardrock mineral exploration or development through competitive leasing by the Secretary by such methods the Secretary may adopt by regulation and in such areas as the Secretary may determine, including nonmineral lands the Secretary considers necessary for processing or milling operations. The total area of land subject to any such lease shall not exceed 2,560 acres. (b) Terms and Requirements.--All terms and requirements for competitive leases under this section shall be the same as if the leases were issued noncompetitively under section 103(c). SEC. 105. SMALL MINERS LEASES. (a) In General.--The Secretary may issue small miners leases to qualified small miners that apply, under such rules and regulations as the Secretary may prescribe, including conditions to require diligent development of the lease and to ensure protection of surface resources and groundwater. (b) Exclusive Right.--A small miners lease shall give the lease holder the exclusive right to prospect for hardrock minerals for 3 years on up to 200 acres of contiguous or non-contiguous Federal land. (c) Application Fee.--The Secretary shall charge a reasonable application fee for such a lease. (d) Rentals.--Rentals for such a lease shall be $5 per acre per year for the first 3 years. (e) Renewal.--Such leases may be renewed for additional 3-year periods, with no limit, with a $10 per acre per year rental charged for renewed leases. (f) Challenge.--Any individual may file a challenge with the Secretary that a lease holder is in violation of the diligence terms of a small miners lease or does not qualify as a small miner. A small miners lease that is under such a challenge may not be renewed unless the Secretary has determined that the lease holder is a small miner and is in compliance with all the terms of the lease. (g) No Royalties.--No royalties shall be charged for commercial production under a small miners lease. (h) Conversion of Existing Claims.--An existing claim, as of the date of enactment of this Act, that belongs to an individual that qualifies as a small miner may be converted to a small miners lease under the same terms and conditions that apply to other small miners leases, except that such lease-- (1) shall not be subject to rental during the primary term of the lease; (2) shall be subject to a rental of $5 per acre per year for the first 3-year renewal of the lease; and (3) shall be subject to a rental of $10 per acre per year for any subsequent 3-year renewal of the lease. (i) Limitations.--A small miners lease-- (1) may only be held by the primary lease holder, a spouse thereof, or a direct descendent thereof; (2) may not be sold or transferred, other than to a spouse or direct descendent of the primary lease holder; and (3) is subject to all permitting requirements under this Act. (j) Conversion to Hardrock Mineral Lease.--If, with regards to a lease, the lease holder no longer qualifies as a small miner at the time such lease holder applies for a renewal of such lease, such lease holder shall not be eligible to renew the small miners lease, but shall be eligible for a noncompetitive hardrock mineral lease issued under section 103(c). Notwithstanding section 103(c)(1), royalties under such a lease shall only be due on the gross income that exceeds the amount of gross income specified in such definition as of the time the hardrock mineral lease is issued. SEC. 106. LANDS CONTAINING NONHARDROCK MINERALS; OTHER USES. (a) In General.--In issuing licenses and leases under this Act for lands that contain deposits of coal or other nonhardrock minerals, the Secretary shall reserve to the United States such nonhardrock minerals for disposal under applicable laws. (b) Other Uses of Licensed and Leased Lands.-- (1) In general.--The Secretary shall promulgate regulations to allow for other uses of the lands covered by a prospecting license under this Act, including leases for other minerals, if such other uses would not unreasonably interfere with operations under the prospecting license. (2) Prospecting licenses.--The Secretary shall include in such prospecting licenses such terms and conditions as the Secretary finds necessary to avoid unreasonable interference with other uses occurring on, or other leases of, the licensed lands. (3) Leases.--The Secretary shall include in leases under this Act stipulations to allow for simultaneous operations under other leases for the same lands. SEC. 107. ROYALTY. (a) Existing Production.--Production of hardrock minerals on Federal land under an operations permit from which valuable hardrock minerals were produced in commercial quantities before the date of enactment of this Act, other than production under a small miners lease, shall be subject to a royalty established by the Secretary at no less than 8 percent of the gross value of such production, or of mineral concentrates or products derived from hardrock minerals. Any Federal land added through a plan modification to an operations permit on Federal land that is submitted after the date of enactment of this Act shall be subject to a royalty established by the Secretary for such lease of no less than 12.5 percent of the gross value of production of hardrock minerals, or mineral concentrates or products derived from hardrock minerals. (b) Liability.--The claim or lease holder, or any operator to whom the claim or lease holder has assigned the obligation to make royalty payments under the claim or lease and any person who controls such claim or lease holder or operator, shall be liable for payment of such royalties. (c) Disposition.--Of the revenues collected under this title, including rents, royalties, claim maintenance fees, interest charges, fines, and penalties-- (1) 25 percent shall be paid to the State within the boundaries of which the leased, licensed, or claimed lands, or operations subject to such interest charges, fines, or penalties are or were located; and (2) the remainder shall be deposited in the account established under section 401. (d) Duties of Claim or Lease Holders, Operators, and Transporters.-- (1) Regulation.--The Secretary shall prescribe by rule the time and manner in which-- (A) a person who is required to make a royalty payment under this section shall make such payment; and (B) shall notify the Secretary of any assignment that such person may have made of the obligation to make any royalty or other payment under a mining claim or lease under this title. (2) Written instrument.--Any person paying royalties under this section shall file a written instrument, together with the first royalty payment, affirming that such person is responsible for making proper payments for all amounts due for all time periods for which such person has a payment responsibility. (3) Additional amounts.--Such responsibility for the periods referred to in paragraph (2) shall include any and all additional amounts billed by the Secretary and determined to be due by final agency or judicial action. (4) Joint and several liability.--Any person liable for royalty payments under this section who assigns any payment obligation shall remain jointly and severally liable for all royalty payments due for the period. (5) Obligations.--A person conducting mineral activities shall-- (A) develop and comply with the site security provisions in the operations permit designed to protect from theft the hardrock minerals, concentrates, or products derived therefrom that are produced or stored on the area subject to a mining claim or lease, and such provisions shall conform with such minimum standards as the Secretary may prescribe by rule, taking into account the variety of circumstances on areas subject to mining claims and leases; and (B) not later than the fifth business day after production begins anywhere on an area subject to a mining claim or lease, or production resumes after more than 90 days after production was suspended, notify the Secretary, in the manner prescribed by the Secretary, of the date on which such production has begun or resumed. (6) Required documentation.--The Secretary may by rule require any person engaged in transporting a hardrock mineral, concentrate, or product derived therefrom to carry on his or her person, in his or her vehicle, or in his or her immediate control, documentation showing, at a minimum, the amount, origin, and intended destination of the hardrock mineral, concentrate, or product derived therefrom in such circumstances as the Secretary determines is appropriate. (e) Recordkeeping and Reporting Requirements.-- (1) In general.--A claim or lease holder, operator, or other person directly involved in developing, producing, processing, transporting, purchasing, or selling hardrock minerals, concentrates, or products derived therefrom, subject to this Act, through the point of royalty computation shall establish and maintain any records, make any reports, and provide any information that the Secretary may reasonably require for the purposes of implementing this section or determining compliance with rules or orders under this section. Such records shall include periodic reports, records, documents, and other data. Such reports may also include pertinent technical and financial data relating to the quantity, quality, composition volume, weight, and assay of all minerals extracted from the mining claim or lease. (2) Availability for inspection.--Upon the request of any officer or employee duly designated by the Secretary conducting an audit or investigation pursuant to this section, the appropriate records, reports, or information that may be required by this section shall be made available for inspection and duplication by such officer or employee. (3) Forfeiture.--Failure by a claim or lease holder, operator, or other person referred to in the first sentence to cooperate with such an audit, provide data required by the Secretary, or grant access to information may, at the discretion of the Secretary, result in involuntary forfeiture of the claim or lease. (4) Maintenance of records.--Records required by the Secretary under this section shall be maintained for 7 years after release of financial assurance under section 306 unless the Secretary notifies the operator that the Secretary has initiated an audit or investigation involving such records and that such records must be maintained for a longer period. In any case when an audit or investigation is underway, records shall be maintained until the Secretary releases the operator of the obligation to maintain such records. (f) Audits.--The Secretary is authorized to conduct such audits of all claim or lease holders, operators, transporters, purchasers, processors, or other persons directly or indirectly involved in the production or sale of minerals covered by this Act, as the Secretary deems necessary for the purposes of ensuring compliance with the requirements of this section. For purposes of performing such audits, the Secretary shall, at reasonable times and upon request, have access to, and may copy, all books, papers and other documents that relate to compliance with any provision of this section by any person. (g) Cooperative Agreements.-- (1) In general.--The Secretary is authorized to enter into cooperative agreements with the Secretary of Agriculture to share information concerning the royalty management of hardrock minerals, concentrates, or products derived therefrom, to carry out inspection, auditing, investigation, or enforcement (not including the collection of royalties, civil or criminal penalties, or other payments) activities under this section in cooperation with the Secretary, and to carry out any other activity described in this section. (2) Secretary of agriculture.--Except as provided in paragraph (3), and pursuant to a cooperative agreement, the Secretary of Agriculture shall, upon request, have access to all royalty accounting information in the possession of the Secretary respecting the production, removal, or sale of hardrock minerals, concentrates, or products derived therefrom from claims or leases on lands open to location under this Act. (3) Trade secrets.--Trade secrets, proprietary, and other confidential information protected from disclosure under section 552 of title 5, United States Code, shall be made available by the Secretary to other Federal agencies as necessary to assure compliance with this Act and other Federal laws. The Secretary, the Secretary of Agriculture, the Administrator of the Environmental Protection Agency, and other Federal officials shall ensure that such information is provided protection in accordance with the requirements of that section. (h) Interest and Substantial Underreporting Assessments.-- (1) Payments not received.--In the case of mining claims or leases where royalty payments are not received by the Secretary on the date that such payments are due, the Secretary shall charge interest on such underpayments at the same interest rate as the rate applicable under section 6621(a)(2) of the Internal Revenue Code of 1986. In the case of an underpayment, interest shall be computed and charged only on the amount of the deficiency and not on the total amount. (2) Underreporting.--If there is any underreporting of royalty owed on production from a claim or lease for any production month by any person liable for royalty payments under this section, the Secretary shall assess a penalty of not greater than 25 percent of the amount of that underreporting. (3) Self-reporting.--The Secretary may waive or reduce the assessment provided in paragraph (2) of this subsection if the person liable for royalty payments under this section corrects the underreporting before the date such person receives notice from the Secretary that an underreporting may have occurred, or before 90 days after the date of enactment of this section, whichever is later. (4) Waiver.--The Secretary shall waive any portion of an assessment under paragraph (2) of this subsection attributable to that portion of the underreporting for which the person responsible for paying the royalty demonstrates that-- (A) such person had written authorization from the Secretary to report royalty on the value of the production on basis on which it was reported; (B) such person had substantial authority for reporting royalty on the value of the production on the basis on which it was reported; (C) such person previously had notified the Secretary, in such manner as the Secretary may by rule prescribe, of relevant reasons or facts affecting the royalty treatment of specific production which led to the underreporting; or (D) such person meets any other exception which the Secretary may, by rule, establish. (5) Definition.--For the purposes of this subsection, the term ``underreporting'' means the difference between the royalty on the value of the production that should have been reported and the royalty on the value of the production which was reported, if the value that should have been reported is greater than the value that was reported. (6) Hardrock minerals reclamation fund.--All penalties collected under this subsection shall be deposited in the Hardrock Minerals Reclamation Fund established by this Act. (i) Expanded Royalty Obligations.--Each person liable for royalty payments under this section shall be jointly and severally liable for royalty on all hardrock minerals, concentrates, or products derived therefrom lost or wasted from a mining claim or lease when such loss or waste is due to negligence on the part of any person or due to the failure to comply with any rule, regulation, or order issued under this section. (j) Gross Income From Mining Defined.--For the purposes of this section, for any hardrock mineral, the term ``gross income from mining'' has the same meaning as the term ``gross income'' in section 613(c) of the Internal Revenue Code of 1986. (k) Effective Date.--Royalties under this Act shall take effect with respect to the production of hardrock minerals after the enactment of this Act, but any royalty payments attributable to production during the first 12 calendar months after the enactment of this Act shall be payable at the expiration of such 12-month period. (l) Failure To Comply With Royalty Requirements.--Any person who fails to comply with the requirements of this section or any regulation or order issued to implement this section shall be liable for a civil penalty under section 109 of the Federal Oil and Gas Royalty Management Act (30 U.S.C. 1719) to the same extent as if the claim or lease maintained in compliance with this Act were a lease under such Act. SEC. 108. EXISTING PRODUCTION. The holder of a mining claim located or converted under this Act for which mineral activities have already commenced under an approved plan of operations as of the date of enactment of this Act shall have the exclusive right of possession and use of the claimed land for mineral activities, including the right of ingress and egress to such claimed lands for such activities, subject to the rights of the United States under this Act and other applicable Federal law. Such rights of the claim holder shall terminate upon completion of mineral activities on such lands to the satisfaction of the Secretary. SEC. 109. HARDROCK MINING CLAIM MAINTENANCE FEE. (a) Fee.-- (1) In general.-- (A) Required fees.--Except as provided in section 2511(e)(2) of the Energy Policy Act of 1992 (30 U.S.C. 242), or as otherwise provided in this Act, for each unpatented mining claim, mill, or tunnel site on federally owned lands, whether located before or on the date of enactment of this Act, each claimant shall pay to the Secretary, on or before August 31 of each year, a claim maintenance fee of $200 per claim to hold such unpatented mining claim, mill or tunnel site for the assessment year beginning at noon on the next day, September 1. Such claim maintenance fee shall be in lieu of the assessment work requirement contained in the Mining Law of 1872 (30 U.S.C. 28 et seq.) and the related filing requirements contained in section 314 (a) and (c) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1744 (a) and (c)). (B) Fee adjustments.--Any adjustment to the fees under this subsection under section 502 shall begin to apply the calendar year following the calendar year in which such adjustment is made. (C) Exception for small miners.--Subparagraph (A) and the assessment work requirement contained in the Mining Law of 1872 (30 U.S.C. 28 et seq.) shall not apply with respect to any claim held by a small miner. (2) Moneys received under this subsection that are not otherwise allocated for the administration of the mining laws by the Department of the Interior shall be deposited in the Hardrock Minerals Reclamation Fund established by section 401. (b) Co-Ownership.--The co-ownership provisions of the Mining Law of 1872 (30 U.S.C. 28 et seq.) shall remain in effect except that the annual claim maintenance fee, where applicable, shall replace applicable assessment requirements and expenditures. (c) Failure To Pay.--Failure to pay the claim maintenance fee as required by subsection (a) shall conclusively constitute a forfeiture of the unpatented mining claim, mill or tunnel site by the claimant and the claim shall be deemed null and void by operation of law. (d) Other Requirements.-- (1) Required filings.--Nothing in this section shall change or modify the requirements of section 314(b) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1744(b)), or the requirements of section 314(c) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1744(c)) related to filings required by section 314(b), which remain in effect. (2) Mining law of 1872.--Section 2324 of the Revised Statutes of the United States (30 U.S.C. 28) is amended by inserting ``or section 103(a) of the Clean Energy Minerals Reform Act of 2022'' after ``Act of 1993''. SEC. 110. EFFECT OF PAYMENTS FOR USE AND OCCUPANCY OF CLAIMS. Except as otherwise provided in section 101, timely payment of the claim maintenance fee required by section 109 or any related law relating to the use of Federal land, asserts the claimant's authority to use and occupy the Federal land concerned for prospecting and exploration, consistent with the requirements of this Act and other applicable law. SEC. 111. PROTECTION OF SPECIAL PLACES. (a) Protection of National Park System Units and National Monuments.--No permit shall be issued under this Act that authorizes mineral activities that would impair the land or resources of a unit of the National Park System or a national monument. For purposes of this subsection, the term ``impair'' includes any diminution of the affected land including wildlife, scenic assets, water resources, air quality, and acoustic qualities, or other changes that would impair a citizen's experience at the National Park System unit or a national monument. (b) Protection of Conservation Areas.--In order to protect the resources and values of National Conservation System units, the Secretary, as appropriate, shall utilize authority under this Act and other applicable law to the fullest extent necessary to prevent mineral activities that could have an adverse impact on the resources or values for which such units were established. (c) Lands Not Open to Mining.--Notwithstanding any other provision of law and subject to valid existing rights, no hardrock mining activity shall be allowed in any of the following: (1) Sacred sites. (2) Wilderness study areas. (3) Designated critical habitat. (4) Areas of critical environmental concern. (5) Units of the National Conservation System. (6) Areas designated for inclusion in the National Wild and Scenic Rivers System pursuant to the Wild and Scenic Rivers Act (16 U.S.C. 1271 et seq.), areas designated for potential addition to such system pursuant to section 5(a) of that Act (16 U.S.C. 1276(a)), and areas determined to be eligible for inclusion in such system pursuant to section 5(d) of such Act (16 U.S.C. 1276(d)). (7) Inventoried Roadless Areas under the Roadless Area Conservation Rule, part 294 of title 36, Code of Federal Regulations, Colorado Roadless Areas, or Idaho Roadless Areas. SEC. 112. SUITABILITY DETERMINATION. (a) In General.--The Secretary concerned shall make each determination of whether lands are suitable for mineral activities that is otherwise required by this Act, in accordance with subsection (b). (b) Suitability.-- (1) In general.--The Secretary concerned shall consider lands suitable for mineral activities if the Secretary concerned finds that such activities would not result in undue degradation to a special characteristic described in paragraph (2) that cannot be prevented by the imposition of conditions in the permit required for such activities under title III. (2) Special characteristics.--For purposes of paragraph (1) the Secretary concerned shall consider each of the following to be a special characteristic: (A) The existence of a significant water resource or supply in or associated with such lands, including any aquifer or aquifer recharge area. (B) The presence on such lands, or any adjacent land, of a publicly owned place that is listed on, or determined by the Secretary of the Interior to be eligible for listing on, the National Register of Historic Places. (C) The designation of all or any portion of such lands, or any adjacent land, as a National Conservation System unit. (D) The designation of all or any portion of such lands, or any adjacent land, as critical habitat under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.). (E) The designation of all or any portion of such lands, or any adjacent land, as a class I area under section 162 of the Clean Air Act (42 U.S.C. 7472). (F) The presence of such other resource values as the Secretary concerned may by rule specify, determined based upon field testing, evaluation, or credible information that verifies such values. (G) The designation of such lands, or adjacent land, as a Research Natural Area. (H) The presence on such lands, or any adjacent land, of a sacred site. (I) The presence or designation of such lands adjacent to lands not open to mining pursuant to section 111. (3) A determination under this subsection of suitability for mineral activities shall be made after publication of notice and an opportunity for submission of public comment for a period of not less than 60 days. (4) Any determination made in accordance with this subsection with respect to lands shall be incorporated into each Federal land use plan applicable to such lands, at the time such plan is adopted, revised, or significantly amended pursuant to any Federal law other than this Act. (c) Change Request.--The Secretary concerned shall, by rule, provide for an opportunity for any person to request a change in determination for any Federal land found suitable under subsection (a). (d) Existing Operations.--Nothing in this section shall be construed as affecting lands on which mineral activities were being conducted on the date of enactment of this Act under an approved plan of operations or under notice. TITLE II--CONSULTATION PROCEDURE SEC. 201. REQUIREMENT FOR CONSULTATION. (a) Scope.--Agencies shall ensure meaningful and timely consultation with Indian Tribes and Tribal officials prior to undertaking any mineral activities that may have substantial direct, indirect, or cumulative impacts on-- (1) the lands, including allotted, ceded, or traditional lands, or interests of an Indian Tribe or a member of an Indian Tribe; (2) any part of any Federal land that shares a border with Indian country, as such term is defined in section 1151 of title 18, United States Code; (3) the relationship between the Federal Government and an Indian Tribe; or (4) the distribution of power and responsibilities between the Federal Government and an Indian Tribe. (b) Multiagency Mineral Activities.--If more than one agency is involved in a mineral activity, some or all of the agencies may designate a lead agency, which shall be responsible for fulfilling the consultation required under subsection (a). An agency that does not designate a lead agency shall remain individually responsible for the consultation required under subsection (a). All agencies involved in the mineral activity shall remain involved in and engaged with the consultation process regardless of whether or not a lead agency has been designated. (c) Limitation.--Nothing in this Act shall exempt an agency from additional consultation required under any other law or from taking any other consultative actions as required by any other law or agency prerogative in addition to those required by this Act. Nor does it preclude an agency from additional consultation that complies with agency regulations for consultation, advances agency consultation practices, or supports agency efforts to build or strengthen government-to-government relationships with an Indian Tribe. (d) Temporary Waiver.-- (1) In general.--The agency may temporarily waive the requirements of this title in all or any portion of any emergency area during all or any portion of an emergency period. (2) Duration of waiver.--A temporary waiver under this subsection shall end upon the termination of the applicable emergency period. (3) Definitions.--For the purposes of this subsection-- (A) the term ``emergency area'' means a geographical area in which there exists an emergency or disaster declared by the President pursuant to the National Emergencies Act (50 U.S.C. 1601 et seq.) or the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.); and (B) the term ``emergency period'' means the period during which there exists an emergency or disaster declared by the President pursuant to the National Emergencies Act (50 U.S.C. 1601 et seq.) or the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.). SEC. 202. TIMING. Consultation under sections 203 and 204 shall be completed before any Federal funds are expended for the mineral activity and before the issuance of any license. SEC. 203. SCOPING STAGE CONSULTATION. (a) Planning Document.--As early as possible in the planning stage of a mineral activity, the agency shall compile a draft of the scope of the project. The agency shall make a reasonable and good faith effort, consistent with section 800.4(b)(1) of title 36, Code of Federal Regulations, as such regulation was in effect on July 6, 2004, to identify areas that contain sites important to Indian Tribes whether or not such sites are explicitly known to the agency. The agency shall make a reasonable and good faith effort to identify any geographic areas important to Indian Tribes that might be affected and any other anticipated impacts to Tribal interests. (b) Initial Consultation Contact.--The agency-- (1) shall send, via United States mail and, if possible, email, a copy of the planning document and a letter requesting consultation meetings to the relevant Tribal Government officials, including the Tribal leader and all members of any elected Tribal governing body, relevant Tribal governmental agencies (including the Tribal Historic Preservation Officer or cultural resource manager), owners of individual allotments, other stakeholders identified by the Tribe, and relevant non- Tribal stakeholders (including the State Historic Preservation Officer and local governments that have jurisdiction on any affected land via agreement with the agency); and (2) shall follow up with phone calls to confirm receipt of the documents by all intended recipients. (c) Consultation Meeting Arrangements.--The agency shall negotiate with the affected Indian Tribes to determine the time, place, agenda, travel funds, facilitator, format, and goals of a consultation meeting. The agency shall keep thorough documentation of all steps taken to contact and engage the affected Indian Tribes in consultation. If, after a good faith effort, the agency fails to engage the affected Indian Tribes, it may terminate its scoping stage consultation efforts by providing all consultation partners with a written notification and explanation for its decision to end scoping stage consultation efforts, signed by the head of the agency, and proceed to the decision stage procedures described in section 204. A good faith effort to consult must involve consistent and sustained efforts to contact and engage with the appropriate-level officials via the available channels of communication (United States mail, e-mail, and telephone). (d) Scoping Stage Consultation Meeting.--A scoping stage consultation meeting shall begin with confirmation of the format, facilitator, and agenda, with adequate time scheduled for introductions and for interaction throughout the meeting among participants. Whenever possible, Tribal stakeholders (such as allottees or interested Tribal members) shall be brought into the on-going planning process directly by forming ad hoc workgroups (including Tribal leaders or their designees) and, if appropriate, initiating a process for consensual development of regulations, such as negotiated rulemaking. A scoping stage consultation meeting shall conclude with planning for the next meeting, if necessary. (e) Termination of Scoping Stage Consultation With a Memorandum of Agreement.-- (1) Termination.--Except as provided by subsection (c), scoping stage consultation shall terminate upon the execution of a memorandum of agreement signed by the head of the agency and the affected Indian Tribes. (2) Signatories.--The affected Indian Tribes and the agency may jointly invite additional parties to be signatories of the memorandum of agreement. The signatories have sole authority to execute, amend, or terminate the memorandum of agreement. If any signatory determines that the terms of the memorandum of agreement cannot be carried out, the signatories shall consult to seek amendment of the memorandum of agreement. If the memorandum of agreement is not amended, any signatory may terminate the agreement, and the process will return to scoping stage consultation. The agency shall provide all nonsignatory consulting partners with the opportunity to submit a written statement, explanation, or comment on the consultation proceedings that shall become part of the agency's official consultation record. (3) Memorandum of agreement.--The memorandum of agreement-- (A) may address multiple activities if-- (i) the activities are similar and repetitive or are multistate or regional in scope, or where routine management activities are undertaken at Federal installations, facilities, or other land management units; and (ii) the scope of the activities is clearly delineated; (B) may establish standard processes for certain categories of activities determined through consultation and defined in the memorandum of agreement; (C) shall include a provision for monitoring and reporting on its implementation; (D) shall include provisions for termination or reconsideration if the activity has not been completed within a specified time; (E) shall include provisions to address new discoveries, which may include halting the activity and returning to scoping stage consultation; (F) shall include provisions to address changes or modifications to the scope or nature of the activity, impacts or conditions of the project or site; (G) may incorporate relevant Tribal laws, standards, regulations, or policies; (H) may include provisions for the protection of culturally sensitive information; and (I) shall include provisions to address and resolve disputes. (f) Termination of Scoping Stage Consultation Without a Memorandum of Agreement.--The agency shall make a good faith effort through sustained interaction and collaboration to reach a consensus resulting in a memorandum of agreement. If, after a good faith effort and a reasonable amount of time given the nature and complexities of the proposed activity and potential impacts, the agency determines that further consultation will not be productive, it may terminate consultation by providing all consultation partners with a written notification and explanation for its decision, signed by the head of the agency, and proceed to the decision stage procedures described in section 204. Any decision by an agency to terminate consultation must be supported by an adequate documentation and evidence of its good faith efforts and the basis for its decision. The affected Indian Tribes may at any point decide to terminate consultation. In case of termination by either party, the agency shall provide the affected Indian Tribes or other affected parties with the opportunity to submit a written statement, explanation, or comment on the consultation proceedings that will become part of the agency's official consultation record. SEC. 204. DECISION STAGE PROCEDURES. (a) Proposal Document.--The agency shall compile a document consisting of the plan for the activity, its anticipated impacts to Tribal interests, any memorandum of agreement, and any written statements made by consulting partners during the scoping stage as described in section 203. The agency shall include sufficient supporting documentation to the extent permitted by law and within available funds to enable any reviewing parties to understand its basis. The agency may use documentation prepared to comply with other laws to fulfill the requirements of this provision to the extent that such documentation is sufficiently pertinent to and focused on the relevant issues as to allow reasonable ease of review. The agency shall mail and, if possible, email a copy of the Proposal Document to all affected Indian Tribes and stakeholders, including those that withdrew from the process. At a minimum, the document shall go to the Tribal leader, all members of any elected Tribal governing body, and stakeholders. The agency shall follow up to confirm receipt of the document. After these steps have been completed, the Proposal Document shall be published in the Federal Register, subject to the provisions of section 207. (b) Public Comment Period.--The agency shall provide a period of not less than 90 days after publication in the Federal Register for comments on the Proposal Document. A reasonable extension shall be granted upon request of not less than 30 days by any member of any of the affected Indian Tribal governing bodies or a stakeholder. (c) Preliminary Decision.--After expiration of the comment period, the agency shall prepare a preliminary decision letter, signed by the head of the agency. The letter shall state the decision to proceed or not proceed with the mineral activity, the decision's rationale, any changes in the proposal made in response to comments, and any points where the decision conflicts with the expressed requests of any of the affected Indian Tribes or stakeholders. It shall particularly address why the decision was made to disregard any such requests. The agency shall mail and, if possible, email a copy of the letter to all affected Indian Tribes and stakeholders, including those that withdrew from the process. At a minimum, the letter shall go to the Tribal leader, all members of the Tribal governing body, and stakeholders. The agency shall follow up to confirm receipt of the letter. (d) Final Decision.--The agency shall provide a 60-day period following the issuance of the preliminary decision letter for response by the affected Indian Tribes and stakeholders. Thereafter, the agency shall notify in writing, signed by the head of the agency, the affected Indian Tribes and stakeholders, including those that withdrew from the process, of the agency's final decision. SEC. 205. DOCUMENTATION AND REPORTING. (a) Official Consultation Record.--The agency shall keep an official consultation record that allows accurate tracking of the process so that agencies and consulting parties can correct any errors or omissions, and provides an official record of the process that can be referred to in any litigation that may arise. The agency shall document all efforts to initiate consultation as well as documenting the process once it has begun. Such documentation, including correspondence, telephone logs, and emails, shall be included in the agency's official consultation record. The agency shall also keep notes so that the consultation record documents the content of consultation meetings, site visits, and phone calls in addition to information about dates and who participated. (b) Payment for Tribal Documentation Work.--If the agency asks an Indian Tribe for specific information or documentation regarding the location, nature, and condition of individual sites, to conduct a survey, or in any way fulfill the duties of the agency in a role similar to that of a consultant or contractor, then the agency must pay for such services, if so requested by the Indian Tribe, as it would for any private consultant or contractor. An Indian Tribe may select a contractor to perform such work on its behalf, to be paid for by the agency. (c) Report to Congress.--Each agency shall on a biennial basis submit to Congress a report on its consultation activities. SEC. 206. IMPLEMENTATION. Not later than 30 days after the date of enactment of this Act, the head of each agency shall designate an official with principal responsibility for the agency's review of existing consultation and coordination policies and procedures, and implementation of this Act. Not later than 60 days after the effective date of this order, the designated official shall submit to the Office of Management and Budget a description of the agency's revised consultation process in conformity with this Act. SEC. 207. SENSITIVE TRIBAL INFORMATION. (a) Closed Meetings.--Notwithstanding any provision of the Administrative Procedures Act, consultation meetings shall be closed to the public at the request of the Indian Tribal Government. (b) Sensitive Information.--Notwithstanding any provision of section 552 of title 5, United States Code (commonly known as the Freedom of Information Act), the Administrative Procedures Act, or any other applicable laws or regulations, all information designated by the Indian Tribe as sensitive, such as the location of sacred sites or other details of cultural or religious practices, shall be deleted from any public publication made as part of the consultation process or in the process of carrying out the activity. (c) Limited Information Access.--The agency, in consultation with the Indian Tribe or such Tribe's designee, shall determine who may have access to the information for the purposes of carrying out the mineral activity. (d) Individual Allotments.--Instances where sacred sites are located on individual allotments or public domain allotments shall be addressed on a case-by-case basis and shall involve the allottees. (e) Sacred Sites.--The location and uses of a sacred site shall be protected in accordance with this provision and section 111. TITLE III--ENVIRONMENTAL CONSIDERATIONS OF MINERAL EXPLORATION AND DEVELOPMENT SEC. 301. GENERAL STANDARD FOR HARDROCK MINING ON FEDERAL LAND. Notwithstanding section 302(b) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1732(b)), the first section of the Act of June 4, 1897 (chapter 2; 30 Stat. 36; 16 U.S.C. 478), and the National Forest Management Act of 1976 (16 U.S.C. 1600 et seq.), and in accordance with this title and applicable law, unless expressly stated otherwise in this Act, the Secretary shall ensure that mineral activities on any Federal land that is subject to a mining claim, millsite claim, tunnel site claim, or any authorization issued under title I of this Act are carefully controlled to prevent undue degradation of public lands and resources. SEC. 302. PERMITS. (a) Permits Required.--No person may engage in mineral activities on Federal land that may cause a disturbance of surface resources, including land, air, ground water and surface water, and fish and wildlife, unless a permit was issued to such person under this title authorizing such activities. (b) Negligible Disturbance.--Notwithstanding subsection (a), a permit under this title shall not be required for mineral activities that are a casual use of the Federal land. (c) Coordination With National Environmental Policy Act Process.-- The Secretary and the Secretary of Agriculture shall conduct the permit processes under this Act in accordance with the timing and other requirements under section 102 of the National Environmental Policy Act of 1969 (42 U.S.C. 4332). To the extent practicable, the Secretary and Secretary of Agriculture shall coordinate the permit process. SEC. 303. EXPLORATION PERMIT. (a) Authorized Exploration Activity.--Any applicant may apply for an exploration permit for any mining claim, license, or lease authorizing the applicant to remove a reasonable amount of the hardrock minerals, as defined in the license or lease or established in such regulations as the Secretary shall promulgate, from the area that is subject to the claim, license, or lease, respectively, for analysis, study, and testing. Such permit shall not authorize the applicant to remove any mineral for sale nor to conduct any activities other than those required for exploration for hardrock minerals and reclamation. (b) Permit Application Requirements.--An application for an exploration permit under this section shall be submitted in a manner satisfactory to the Secretary concerned, and shall contain an exploration plan, a reclamation plan for the proposed exploration, and such documentation as necessary to ensure compliance with applicable Federal and State environmental laws and regulations. (c) Reclamation Plan Requirements.--The reclamation plan required to be included in a permit application under subsection (b) shall include such provisions as may be jointly prescribed by the Secretary and the Secretary of Agriculture by regulations. Such regulations shall, at a minimum, require the following: (1) The applicant has demonstrated that proposed reclamation can be accomplished. (2) The proposed exploration activities and condition of the land after the completion of exploration activities and final reclamation will conform with the land use plan applicable to the area subject to mineral activities. (3) The area subject to the proposed permit is not included within an area listed in section 111. (4) The applicant has demonstrated that the exploration plan and reclamation plan will be in compliance with the requirements of this Act and all other applicable Federal requirements, and any State requirements agreed to by the Secretary concerned. (5) The applicant has demonstrated that the requirements of section 306 will be met. (6) The applicant is eligible to receive a permit under section 305. (d) Term of Permit.--An exploration permit shall be for a stated term. The term shall be no greater than that necessary to accomplish the proposed exploration, and in no case for more than 10 years. (e) Permit Modification.--During the term of an exploration permit the permit holder may submit an application to modify the permit. To approve a proposed modification to the permit, the Secretary concerned shall make the same determinations as are required in the case of an original permit, except that the Secretary and the Secretary of Agriculture may specify by joint rule the extent to which requirements for initial exploration permits under this section shall apply to applications to modify an exploration permit based on whether such modifications are deemed significant or minor. (f) Transfer, Assignment, or Sale of Rights.-- (1) Prior written approval.--No transfer, assignment, or sale of rights granted by a permit issued under this section shall be made without the prior written approval of the Secretary concerned. (2) Approval.--Such Secretary shall allow a person holding a permit to transfer, assign, or sell rights under the permit to a successor, if the Secretary finds in writing that the successor-- (A) is eligible to receive a permit under section 304; (B) has submitted evidence of financial assurance satisfactory under section 306; and (C) meets any other requirements specified by the Secretary. (3) Assumed liability.--The successor in interest shall assume the liability and reclamation responsibilities established by the existing permit and shall conduct the mineral activities in full compliance with this Act, and the terms and conditions of the permit as in effect at the time of transfer, assignment, or sale. (4) Fee.--Each application for approval of a permit transfer, assignment, or sale pursuant to this subsection shall be accompanied by a fee payable to the Secretary of the Interior in such amount as may be established by such Secretary. Such amount shall be equal to the actual or anticipated cost to the Secretary or the Secretary of Agriculture, as appropriate, of reviewing and approving or disapproving such transfer, assignment, or sale, as determined by the Secretary of the Interior. SEC. 304. OPERATIONS PERMIT. (a) Operations Permit.--(1) Any applicant that is in compliance with all provisions of this Act may apply to the Secretary concerned for an operations permit authorizing the applicant to carry out mineral activities, other than casual use, on-- (A) any valid mining claim, valid millsite claim, valid tunnel site claim, or lease issued under this Act; and (B) such additional Federal land as the Secretary may determine is necessary to conduct the proposed mineral activities, if the operator obtains a right-of-way permit for use of such additional lands under title V of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1761 et seq.) and agrees to pay all fees required under that title for the permit under that title. (2) If the Secretary decides to issue such permit, the permit shall include such terms and conditions as prescribed by such Secretary to carry out this title. (b) Permit Application Requirements.--An application for an operations permit under this section shall be submitted in a manner satisfactory to the Secretary concerned and shall contain site characterization data, an operations plan, a reclamation plan, monitoring plans, long-term maintenance plans, to the extent necessary, and such documentation as necessary to ensure compliance with applicable Federal and State environmental laws and regulations. If the proposed mineral activities will be carried out in conjunction with mineral activities on adjacent non-Federal lands, information on the location and nature of such operations may be required by the Secretary. (c) Permit Issuance or Denial.--(1) After providing for public participation pursuant to subsection (i), the Secretary concerned shall issue an operations permit if such Secretary makes each of the following determinations in writing, and shall deny a permit if such Secretary finds that the application and applicant do not fully meet the following requirements: (A) The permit application, including the site characterization data, operations plan, and reclamation plan, are complete and accurate and sufficient for developing a good understanding of the anticipated impacts of the mineral activities and the effectiveness of proposed mitigation and control. (B) The applicant has demonstrated that the proposed reclamation in the operation and reclamation plan can be and is likely to be accomplished by the applicant and will not cause undue degradation. (C) The condition of the land, including the fish and wildlife resources and habitat contained thereon, will be restored after the completion of mineral activities. (D) The area subject to the proposed plan is not listed in section 111 or otherwise ineligible for mineral activities. (E) The proposed operation has been designed to prevent material damage to the hydrologic balance outside the permit area. (F) The applicant will fully comply with the requirements of section 306 prior to the initiation of operations. (G) Neither the applicant nor operator, nor any subsidiary, affiliate, or person controlled by or under common control with the applicant or operator, is ineligible to receive a permit under section 305. (H) The reclamation plan demonstrates that 10 years following mine closure, no treatment of surface or ground water for carcinogens or toxins will be required to meet water quality standards at the point of discharge. (2) With respect to any activities specified in the reclamation plan referred to in subsection (b) that constitute a removal or remedial action under section 101 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601), the Secretary shall consult with the Administrator of the Environmental Protection Agency prior to the issuance of an operations permit. The Administrator of the Environmental Protection Agency shall ensure that the reclamation plan does not require activities that would increase the costs or likelihood of removal or remedial actions under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.) or corrective actions under the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.). (d) Term of Permit; Renewal.-- (1) In general.--An operations permit-- (A) shall be for an initial term not longer than the shorter of-- (i) the period necessary to accomplish the proposed mineral activities subject to the permit; and (ii) the length of time remaining on the applicant's hardrock mining lease; (B) shall be renewed for an additional 10-year period if the operation is in compliance with the requirements of this Act and other applicable law; and (C) shall expire 5 years following the commencement of a temporary cessation unless, prior to the expiration of the 5 years, the mine operator has filed with the Secretary a request for approval to resume operations. (2) Failure to commence mineral activities.--Failure by the operator to commence mineral activities within 2 years of the date scheduled in an operations permit shall require a modification of the permit if the Secretary concerned determines that modifications are necessary to comply with section 111. (e) Permit Modification.-- (1) Application.--During the term of an operations permit the operator may submit an application to modify the permit (including the operations plan or reclamation plan). (2) Modification by the secretary concerned.--The Secretary concerned may, at any time, require reasonable modification to any operations plan or reclamation plan upon a determination that the requirements of this Act cannot be met if the plan is followed as approved. Such determination shall be based on a written finding and subject to public notice and hearing requirements established by the Secretary concerned. (3) Unanticipated events or conditions.--A permit modification is required before changes are made to the approved plan of operations, or if unanticipated events or conditions exist on the mine site, including in the case of-- (A) development of acid or toxic drainage; (B) loss of springs or water supplies; (C) water quantity, water quality, or other resulting water impacts that are significantly different than those predicted in the application; (D) the need for long-term water treatment; (E) significant reclamation difficulties or reclamation failure; (F) the discovery of significant scientific or biological resources that were not addressed in the original plan; (G) the discovery of a properties eligible for listing on the National Register of Historic Places; or (H) the discovery of hazards to public safety. (f) Temporary Cessation of Operations.-- (1) Secretarial approval required.--An operator conducting mineral activities under an operations permit in effect under this title may not temporarily cease mineral activities for a period greater than 180 days unless the Secretary concerned has approved such temporary cessation or unless the temporary cessation is permitted under the original permit. (2) Previously issued operations permits.--Any operator temporarily ceasing mineral activities for a period greater than 90 days under an operations permit issued before the date of enactment of this Act shall submit, before the expiration of such 90-day period, a complete application for temporary cessation of operations to the Secretary concerned for approval unless the temporary cessation is permitted under the original permit. (3) Required information.--An application for approval of temporary cessation of operations shall include such information required under subsection (b) and any other provisions prescribed by the Secretary concerned to minimize impacts on human health, the environment, or properties eligible for listing on the National Register of Historic Places. After receipt of a complete application for temporary cessation of operations such Secretary shall conduct an inspection of the area for which temporary cessation of operations has been requested. (4) Conditions for approval.--To approve an application for temporary cessation of operations, the Secretary concerned shall make each of the following determinations: (A) A determination that the methods for securing surface facilities and restricting access to the permit area, or relevant portions thereof, will effectively protect against hazards to the health and safety of the public and fish and wildlife or damage to properties eligible for listing on the National Register of Historic Places. (B) A determination that reclamation is in compliance with the approved reclamation plan, except in those areas specifically designated in the application for temporary cessation of operations for which a delay in meeting such standards is necessary to facilitate the resumption of operations. (C) A determination that the amount of financial assurance filed with the permit application is sufficient to assure completion of the reclamation activities identified in the approved reclamation plan in the event of forfeiture. (D) A determination that any outstanding notices of violation and cessation orders incurred in connection with the plan for which temporary cessation is being requested are either stayed pursuant to an administrative or judicial appeal proceeding or are in the process of being abated to the satisfaction of the Secretary concerned. (g) Permit Reviews.--The Secretary concerned shall review each permit issued under this section every 10 years during the term of such permit, and before approving the resumption of operations under subsection (f), such Secretary shall require the operator to take such actions as the Secretary deems necessary to assure that mineral activities conform to the permit, including adjustment of financial assurance requirements. (h) Transfer, Assignment, or Sale of Rights.-- (1) Written approval.--No transfer, assignment, or sale of rights granted by a permit under this section shall be made without the prior written approval of the Secretary concerned. (2) Conditions of approval.--The Secretary concerned may allow a person holding a permit to transfer, assign, or sell rights under the permit to a successor, if such Secretary finds, in writing, that the successor-- (A) has submitted all required information and is eligible to receive a permit in accordance with section 305; (B) has submitted evidence of financial assurance satisfactory under section 306; and (C) meets any other requirements specified by such Secretary. (3) Assumed liability.--The successor in interest shall assume the liability and reclamation responsibilities established by the existing permit and shall conduct the mineral activities in full compliance with this Act, and the terms and conditions of the permit as in effect at the time of transfer, assignment, or sale. (4) Fee.--Each application for approval of a permit transfer, assignment, or sale pursuant to this subsection shall be accompanied by a fee payable to the Secretary concerned in such amount as may be established by such Secretary. Such amount shall be equal to the actual or anticipated cost of reviewing and approving or disapproving such transfer, assignment, or sale, as determined by such Secretary. (i) Public Participation.--The Secretary of the Interior and the Secretary of Agriculture shall jointly promulgate regulations to ensure transparency and public participation in permit decisions required under this Act, consistent with any requirements that apply to such decisions under section 102 of the National Environmental Policy Act of 1969 (42 U.S.C. 4332). SEC. 305. PERSONS INELIGIBLE FOR PERMITS. (a) Current Violations.--Unless corrective action has been taken in accordance with subsection (c), no permit under this title shall be issued or transferred to an applicant if the applicant or any agent of the applicant, the operator (if different than the applicant), any claim, license, or lease holder (if different than the applicant) of the claim, license, or lease concerned, or any affiliate or officer or director of the applicant is currently in violation of any of the following: (1) A provision of this Act or any regulation under this Act. (2) An applicable State or Federal toxic substance, solid waste, air, water quality, or fish and wildlife conservation law or regulation at any site where mining, beneficiation, or processing activities are occurring or have occurred. (3) The Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1201 et seq.) or any regulation implementing that Act at any site where surface coal mining operations have occurred or are occurring. (b) Suspension.--The Secretary concerned shall suspend an operations permit, in whole or in part, if such Secretary determines that any of the entities described in subsection (a) were in violation of any requirement listed in subsection (a) at the time the permit was issued. (c) Correction.-- (1) Reinstatement.--The Secretary concerned may issue or reinstate a permit under this title if the applicant submits proof that the violation referred to in subsection (a) or (b) has been corrected or is in the process of being corrected to the satisfaction of such Secretary and the regulatory authority involved or if the applicant submits proof that the violator has filed and is presently pursuing, a direct administrative or judicial appeal to contest the existence of the violation. For purposes of this section, an appeal of any applicant's relationship to an affiliate shall not constitute a direct administrative or judicial appeal to contest the existence of the violation. (2) Conditional approval.--Any permit which is issued or reinstated based upon proof submitted under this subsection shall be conditionally approved or conditionally reinstated, as the case may be. If the violation is not successfully abated or the violation is upheld on appeal, the permit shall be suspended or revoked. (d) Pattern of Willful Violations.--No permit may be issued under this Act to any applicant if there is a demonstrated pattern of willful violations of the environmental protection requirements of this Act by the applicant, any affiliate of the applicant, or the operator or claim, license, or lease holder if different than the applicant. SEC. 306. FINANCIAL ASSURANCE. (a) Financial Assurance Required.-- (1) Form of assurance.--After a permit is issued under this title and before any exploration or operations begin under the permit, the operator shall file with the Secretary concerned evidence of financial assurance payable to the United States. The financial assurance shall be provided in the form of a surety bond, letters of credit, certificates of deposit, or cash. (2) Covered activities.--The financial assurance shall cover all lands within the initial permit area and all affected waters that may require restoration, treatment, or other management as a result of mineral activities, and shall be extended to cover all lands and waters added pursuant to any permit modification made under section 303(e) or section 304(e), or affected by mineral activities. (b) Amount.--The amount of the financial assurance required under this section shall be sufficient to assure the completion of reclamation and restoration satisfying the requirements of this Act if the work were to be performed by the Secretary concerned in the event of forfeiture, including the construction and maintenance costs for any treatment facilities necessary to meet Federal and State environmental requirements. The calculation of such amount shall take into account the maximum level of financial exposure which shall arise during the mineral activity and administrative costs associated with a government agency reclaiming the site. (c) Duration.--The financial assurance required under this section shall be held for the duration of the mineral activities and for an additional period to cover the operator's responsibility for reclamation, restoration, and long-term maintenance, and effluent treatment as specified in subsection (g). (d) Adjustments.--The amount of the financial assurance and the terms of the acceptance of the assurance may be adjusted by the Secretary concerned from time to time as the area requiring coverage is increased or decreased, or where the costs of reclamation or treatment change, or pursuant to section 304(f), but the financial assurance shall otherwise be in compliance with this section. The Secretary concerned shall review the financial guarantee every 3 years and as part of the permit application review under section 304(g). (e) Release.--Upon request, and after notice and opportunity for public comment, and after inspection by the Secretary concerned, such Secretary may, after consultation with the Administrator of the Environmental Protection Agency, release in whole or in part the financial assurance required under this section if the Secretary makes both of the following determinations: (1) A determination that reclamation or restoration covered by the financial assurance has been accomplished as required by this Act. (2) A determination that the terms and conditions of any other applicable Federal requirements, and State requirements applicable pursuant to cooperative agreements under section 308, have been fulfilled. (f) Release Schedule.--The release referred to in subsection (e) shall be according to the following schedule: (1) After the operator has completed any required backfilling, regrading, and drainage control of an area subject to mineral activities and covered by the financial assurance, and has commenced revegetation on the regraded areas subject to mineral activities in accordance with the approved plan, that portion of the total financial assurance secured for the area subject to mineral activities attributable to the completed activities may be released except that sufficient assurance must be retained to address other required reclamation and restoration needs and to assure the long-term success of the revegetation. (2) After the operator has completed successfully all remaining mineral activities and reclamation activities and all requirements of the operations plan and the reclamation plan, and all other requirements of this Act have been fully met, the remaining portion of the financial assurance may be released. During the period following release of the financial assurance as specified in paragraph (1), until the remaining portion of the financial assurance is released as provided in paragraph (2), the operator shall be required to comply with the permit issued under this title. (g) Effluent.--Notwithstanding section 307(b)(4), where any discharge or other water-related condition resulting from the mineral activities requires treatment in order to meet the applicable effluent limitations and water quality standards, the financial assurance shall include the estimated cost of maintaining such treatment for the projected period that will be needed after the cessation of mineral activities. The portion of the financial assurance attributable to such estimated cost of treatment shall not be released until the discharge has ceased for a period of 5 years, as determined by ongoing monitoring and testing, or, if the discharge continues, until the operator has met all applicable effluent limitations and water quality standards for 5 full years without treatment. (h) Environmental Hazards.--If the Secretary concerned determines, after final release of financial assurance, that an environmental hazard resulting from the mineral activities exists, or the terms and conditions of the explorations or operations permit of this Act were not fulfilled in fact at the time of release, such Secretary shall issue an order under section 507 requiring the claim holder or operator (or any person who controls the claim holder or operator) to correct the condition such that applicable laws and regulations and any conditions from the plan of operations are met. SEC. 307. OPERATION AND RECLAMATION. (a) General Rule.--(1) The operator shall restore lands subject to mineral activities carried out under a permit issued under this title to a condition capable of supporting-- (A) the uses which such lands were capable of supporting prior to surface disturbance by the operator; or (B) other beneficial uses which conform to applicable land use plans as determined by the Secretary concerned. (2) Reclamation shall proceed as contemporaneously as practicable with the conduct of mineral activities. In the case of a cessation of mineral activities beyond that provided for as a temporary cessation under this Act, reclamation activities shall begin immediately. (b) Operation and Reclamation Standards.--The Secretary of the Interior and the Secretary of Agriculture shall jointly promulgate regulations that establish operation and reclamation standards for mineral activities permitted under this Act. The Secretaries may determine whether outcome-based performance standards or technology- based design standards are most appropriate. The regulations shall address the following: (1) Segregation, protection, and replacement of topsoil or other suitable growth medium, and the prevention, where possible, of soil contamination. (2) Maintenance of the stability of all surface areas. (3) Control of sediments to prevent erosion and manage drainage. (4) Minimization of the formation and migration of acidic, alkaline, metal-bearing, or other deleterious leachate. (5) Reduction of the visual impact of mineral activities to the surrounding topography, including as necessary pit backfill. (6) Establishment of a diverse, effective, and permanent vegetative cover of the same seasonal variety native to the area affected by mineral activities, and equal in extent of cover to the natural vegetation of the area. (7) Design and maintenance of leach operations, impoundments, and excess waste according to standard engineering standards to achieve and maintain stability and reclamation of the site. (8) Removal of structures and roads and sealing of drill holes. (9) Restoration of, or mitigation for, fish and wildlife habitat disturbed by mineral activities. (10) Preservation of cultural, paleontological, and cave resources. (11) Prevention and suppression of fire within the leased area. (c) Surface or Ground Water Withdrawals.--The Secretary concerned shall work with State and local governments with authority over the allocation and use of surface and ground water in the area around the mine site as necessary to ensure that any surface or ground water withdrawals made as a result of mining activities approved under this section do not cause undue degradation. (d) Special Rule.--Reclamation activities for a mining claim, license, or lease that has been forfeited, relinquished, or lapsed, or a plan that has expired or been revoked or suspended, shall continue subject to review and approval by the Secretary concerned. SEC. 308. STATE LAW AND REGULATION. (a) State Law.-- (1) Reclamation, land use, environmental, and public health standards.--Any reclamation, land use, environmental, or public health protection standard or requirement in State law or regulation that meets or exceeds the requirements of this Act shall not be construed to be inconsistent with any such standard. (2) Bonding requirements.--Any bonding standard or requirement in State law or regulation that meets or exceeds the requirements of this Act shall not be construed to be inconsistent with such requirements. (3) Inspection standards.--Any inspection standard or requirement in State law or regulation that meets or exceeds the requirements of this Act shall not be construed to be inconsistent with such requirements. (b) Applicability of Other State Requirements.-- (1) Environmental standards.--Nothing in this Act shall be construed as affecting any toxic substance, solid waste, or air or water quality, standard or requirement of any State, county, local, or Tribal law or regulation, which may be applicable to mineral activities on lands subject to this Act. (2) Water resources.--Nothing in this Act shall be construed as affecting in any way the right of any person to enforce or protect, under applicable law, such person's interest in water resources affected by mineral activities on lands subject to this Act. (c) Cooperative Agreements.-- (1) In general.--Any State may enter into a cooperative agreement with the Secretary concerned for the purposes of such Secretary applying such standards and requirements referred to in subsection (a) and subsection (b) to mineral activities or reclamation on lands subject to this Act. (2) Common regulatory framework.--In such instances where the proposed mineral activities would affect lands not subject to this Act in addition to lands subject to this Act, in order to approve a plan of operations the Secretary concerned shall enter into a cooperative agreement with the State that sets forth a common regulatory framework consistent with the requirements of this Act for the purposes of such plan of operations. Any such common regulatory framework shall not negate the authority of the Federal Government to independently inspect mines and operations and bring enforcement actions for violations. (3) Notice and public comment.--The Secretary concerned shall not enter into a cooperative agreement with any State under this section until after notice in the Federal Register and opportunity for public comment and hearing. (d) Prior Agreements.--Any cooperative agreement or such other understanding between the Secretary concerned and any State, or political subdivision thereof, relating to the management of mineral activities on lands subject to this Act that was in existence on the date of enactment of this Act may only continue in force until 1 year after the date of enactment of this Act. During such 1-year period, the State and the Secretary shall review the terms of the agreement and make changes that are necessary to be consistent with this Act. TITLE IV--ABANDONED HARDROCK MINE RECLAMATION SEC. 401. ESTABLISHMENT OF FUND. (a) Establishment.--There is established in the Department of the Treasury a separate account to be known as the Hardrock Minerals Reclamation Fund. (b) Investment.--The Secretary shall notify the Secretary of the Treasury as to what portion of the Fund is not, in the Secretary's judgment, required to meet current withdrawals. The Secretary of the Treasury shall invest such portion of the Fund in public debt securities with maturities suitable for the needs of such Fund and bearing interest at rates determined by the Secretary of the Treasury, taking into consideration current market yields on outstanding marketplace obligations of the United States of comparable maturities. (c) Administration.--In addition to other uses authorized by this title, the Secretary may use amounts in the Fund as necessary for the administrative expenses of the United States, Indian Tribes, and the States to implement this title. SEC. 402. CONTENTS OF FUND. (a) In General.--The following amounts shall be credited to the Fund: (1) All moneys collected pursuant to section 502 and section 506. (2) All fees received under section 304(a)(1)(B). (3) All donations by persons, corporations, associations, and foundations for the purposes of this title. (4) All amounts deposited in the Fund under title I. (5) All income on investments under section 401(b). (6) All amounts deposited in the Fund under section 403. (b) Donations.--The Secretary may accept for the Government a gift of money to be deposited into the Fund. The Secretary may reject a gift to the Fund if such rejection is in the interest of the Government. SEC. 403. DISPLACED MATERIAL RECLAMATION FEE. (a) Imposition of Fee.--Except as provided in subsection (g), each operator conducting hardrock mineral activities shall pay to the Secretary, for deposit in the Hardrock Minerals Fund established by section 401, a displaced material reclamation fee of 7 cents per ton of displaced material. (b) Payment Deadline.--Such reclamation fee shall be paid not later than 60 days after the end of each calendar year beginning with the first calendar year occurring after the date of enactment of this Act. (c) Submission of Statement.--Together with such reclamation fee, all operators conducting hardrock mineral activities shall submit to the Secretary a statement of the amount of displaced material produced during mineral activities during the previous calendar year, the accuracy of which shall be sworn to by the operator and notarized. (d) Penalty.--Any corporate officer, agent, or director of a person conducting hardrock mineral activities, and any other person acting on behalf of such a person, who knowingly makes any false statement, representation, or certification, or knowingly fails to make any statement, representation, or certification, required under this section with respect to such operation shall, upon conviction, be punished by a fine of not more than $10,000. (e) Civil Action To Recover Fee.--Any portion of such reclamation fee not properly or promptly paid pursuant to this section shall be recoverable, with statutory interest, from the hardrock mineral activities operator, in any court of competent jurisdiction in any action at law to compel payment of debts. (f) Effect.--Nothing in this section requires a reduction in, or otherwise affects, any similar fee required under any law (including regulations) of any State. (g) Exemption.--The fee under this section shall not apply for small miners. SEC. 404. USE OF THE FUND. Subject to the availability of appropriations, the Secretary shall use moneys in the Fund to carry out section 40704 of the Infrastructure Investment and Jobs Act (30 U.S.C. 1245). TITLE V--ADDITIONAL PROVISIONS SEC. 501. POLICY FUNCTIONS. (a) Minerals Policy.--Section 101 of the Mining and Minerals Policy Act of 1970 (30 U.S.C. 21a) is amended-- (1) by inserting ``and to ensure that mineral extraction and processing not cause undue degradation of the natural and cultural resources of the public lands'' after ``activities''; and (2) by adding at the end the following: ``It shall also be the responsibility of the Secretary of Agriculture to carry out the policy provisions of clauses (1) and (2) of the first paragraph of this section.''. (b) Mineral Data.--Section 5(e)(3) of the National Materials and Minerals Policy, Research and Development Act of 1980 (30 U.S.C. 1604(e)(3)) is amended by inserting before the period the following: ``, except that for National Forest System lands the Secretary of Agriculture shall promptly initiate actions to improve the availability and analysis of mineral data in public land use decisionmaking''. SEC. 502. USER FEES AND INFLATION ADJUSTMENT. (a) In General.-- (1) The Secretary and the Secretary of Agriculture may each establish and collect from persons subject to the requirements of this Act such user fees as may be necessary to reimburse the United States for the expenses incurred in administering such requirements. Fees may be assessed and collected under this section only in such manner as may reasonably be expected to result in an aggregate amount of the fees collected during any fiscal year which does not exceed the aggregate amount of administrative expenses referred to in this section. (b) Adjustment.-- (1) Inflation.--The Secretary shall adjust the fees required by this section, and all claim maintenance fees, rental rates, penalty amounts, and other dollar amounts established in this Act, to reflect changes in the Consumer Price Index published by the Bureau of Labor Statistics of the Department of Labor every 3 years after the date of enactment of this Act, or more frequently if the Secretary determines an adjustment to be reasonable. (2) Notice.--The Secretary shall provide claimants, license holders, and lease holders notice of any adjustment made under this subsection not later than July 1 of any year in which the adjustment is made. (3) Applicability.--A fee adjustment under this subsection shall begin to apply the calendar year following the calendar year in which it is made. SEC. 503. INSPECTION AND MONITORING. (a) Inspections.-- (1) In general.--The Secretary concerned shall make inspections of mineral activities so as to ensure compliance with the requirements of this Act. (2) Frequency.--The Secretary concerned shall establish a frequency of inspections for mineral activities conducted under a permit issued under title III, but in no event shall such inspection frequency be less than one complete inspection per calendar quarter or, two per calendar quarter in the case of a permit for which the Secretary concerned approves an application under section 304(f). After revegetation has been established in accordance with a reclamation plan, such Secretary shall conduct 2 complete inspections annually. Such Secretary shall have the discretion to modify the inspection frequency for mineral activities that are conducted on a seasonal basis. Inspections shall continue under this subsection until final release of financial assurance. (3) By request.-- (A) In general.--Any person who has reason to believe he or she is or may be adversely affected by mineral activities due to any violation of the requirements of a permit approved under this Act may request an inspection. (B) Review period.--The Secretary concerned shall determine within 10 working days of receipt of the request whether the request states a reason to believe that a violation exists. (C) Imminent threat.--If the person alleges and provides reason to believe that an imminent threat to the environment or danger to the health or safety of the public exists, the 10-day period shall be waived and the inspection shall be conducted immediately. (D) Notification.--When an inspection is conducted under this paragraph, the Secretary concerned shall notify the person requesting the inspection, and such person shall be allowed to accompany the Secretary concerned or the Secretary's authorized representative during the inspection. (E) Liability.--The Secretary shall not incur any liability for allowing such person to accompany an authorized representative. (F) Anonymity.--The identity of the person supplying information to the Secretary relating to a possible violation or imminent danger or harm shall remain confidential with the Secretary if so requested by that person, unless that person elects to accompany an authorized representative on the inspection. (G) Procedures.--The Secretaries shall, by joint rule, establish procedures for the review of-- (i) any decision by an authorized representative not to inspect; or (ii) any refusal by such representative to ensure that remedial actions are taken with respect to any alleged violation. (H) Written statement.--The Secretary concerned shall furnish a person requesting a review a written statement of the reasons for the Secretary's final disposition of the case. (b) Monitoring.-- (1) Monitoring system.--The Secretary concerned shall require all operators to develop and maintain a monitoring and evaluation system that shall identify compliance with all requirements of a permit approved under this Act. The Secretary concerned may require additional monitoring to be conducted as necessary to assure compliance with the reclamation and other environmental standards of this Act. Such plan must be reviewed and approved by the Secretary and shall become a part of the explorations or operations permit. (2) Reporting requirements.--The operator shall file reports with the Secretary concerned, on a frequency determined by the Secretary concerned, on the results of the monitoring and evaluation process, except that if the monitoring and evaluation show a violation of the requirements of a permit approved under this Act, it shall be reported immediately to the Secretary concerned. The Secretary shall evaluate the reports submitted pursuant to this paragraph, and based on those reports and any necessary inspection shall take enforcement action pursuant to this section. Such reports shall be maintained by the operator and by the Secretary and shall be made available to the public. (3) Failure to report.--The Secretary concerned shall determine what information shall be reported by the operator pursuant to paragraph (2). A failure to report as required by the Secretary concerned shall constitute a violation of this Act and subject the operator to enforcement action pursuant to section 506. SEC. 504. CITIZENS SUITS. (a) In General.--Except as provided in subsection (c), any person may commence a civil action on his or her own behalf to compel compliance-- (1) against any person (including the Secretary or the Secretary of Agriculture) who is alleged to be in violation of any of the provisions of this Act or any regulation promulgated pursuant to this Act or any term or condition of any lease, license, or permit issued under this Act; or (2) against the Secretary or the Secretary of Agriculture where there is alleged a failure of such Secretary to perform any act or duty under this Act, or to promulgate any regulation under this Act, which is not within the discretion of the Secretary concerned. (b) District Court Jurisdiction.--The United States district courts shall have jurisdiction over actions brought under this section, without regard to the amount in controversy or the citizenship of the parties, including actions brought to apply any civil penalty under this Act. The district courts of the United States shall have jurisdiction to compel agency action unreasonably delayed, except that an action to compel agency action reviewable under section 505 may only be filed in a United States district court within the circuit in which such action would be reviewable under section 505. (c) Exceptions.-- (1) Notice.--No action may be commenced under subsection (a) before the end of the 60-day period beginning on the date the plaintiff has given notice in writing of such alleged violation to the alleged violator and the Secretary concerned, except that any such action may be brought immediately after such notification if the violation complained of constitutes an imminent threat to the environment or to the health or safety of the public or to properties eligible for listing on the National Register of Historic Places. (2) On-going litigation.--No action may be brought against any person other than the Secretary or the Secretary of Agriculture under subsection (a)(1) if such Secretary has commenced and is diligently prosecuting a civil or criminal action in a court of the United States to require compliance. (3) Exception.--No action may be commenced under subsection (a)(2) against either Secretary to review any rule promulgated by, or to any permit issued or denied by such Secretary if such rule or permit issuance or denial is judicially reviewable under section 505 or under any other provision of law at any time after such promulgation, issuance, or denial is final. (d) Venue.--Venue of all actions brought under this section shall be determined in accordance with section 1391 of title 28, United States Code. (e) Costs.--The court, in issuing any final order in any action brought pursuant to this section may award costs of litigation (including attorney and expert witness fees) to any party whenever the court determines such award is appropriate. The court may, if a temporary restraining order or preliminary injunction is sought, require the filing of a bond or equivalent security in accordance with the Federal Rules of Civil Procedure. (f) Savings Clause.--Nothing in this section shall restrict any right which any person (or class of persons) may have under chapter 7 of title 5, United States Code, under this section, or under any other statute or common law to bring an action to seek any relief against the Secretary or the Secretary of Agriculture or against any other person, including any action for any violation of this Act or of any regulation or permit issued under this Act or for any failure to act as required by law. Nothing in this section shall affect the jurisdiction of any court under any provision of title 28, United States Code, including any action for any violation of this Act or of any regulation or permit issued under this Act or for any failure to act as required by law. SEC. 505. ADMINISTRATIVE AND JUDICIAL REVIEW. (a) Review by Secretary.-- (1) Notice of violation.--Any person issued a notice of violation or cessation order under section 507, or any person having an interest which is or may be adversely affected by such notice or order, may apply to the Secretary concerned for review of the notice or order within 30 days after receipt thereof, or as the case may be, within 30 days after such notice or order is modified, vacated, or terminated. (2) Review of penalty.--Any person who is subject to a penalty assessed under section 507 may apply to the Secretary concerned for review of the assessment within 45 days of notification of such penalty. (3) Third-party requests.--Any person may apply to the Secretary concerned for review of a decision under this subsection within 30 days after such decision is issued. (4) Stays pending review.--Pending a review by the Secretary or resolution of an administrative appeal, final decisions (except enforcement actions under section 507) shall be stayed. (5) Public hearing.--The Secretary concerned shall provide an opportunity for a public hearing at the request of any party to the proceeding as specified in paragraph (1). The filing of an application for review under this subsection shall not operate as a stay of any order or notice issued under section 506. (6) Written decision.--For any review proceeding under this subsection, the Secretary concerned shall make findings of fact and shall issue a written decision incorporating therein an order vacating, affirming, modifying, or terminating the notice, order, or decision, or with respect to an assessment, the amount of penalty that is warranted. Where the application for review concerns a cessation order issued under section 506 the Secretary concerned shall issue the written decision within 30 days of the receipt of the application for review or within 30 days after the conclusion of any hearing referred to in paragraph (5), whichever is later, unless temporary relief has been granted by the Secretary concerned under paragraph (7). (7) Temporary relief.--Pending completion of any review proceedings under this subsection, the applicant may file with the Secretary concerned a written request that the Secretary grant temporary relief from any order issued under section 506 together with a detailed statement giving reasons for such relief. The Secretary concerned shall expeditiously issue an order or decision granting or denying such relief. The Secretary concerned may grant such relief under such conditions as he or she may prescribe only if such relief shall not adversely affect the health or safety of the public or cause imminent environmental harm to land, air, or water resources. (8) Savings clause.--The availability of review under this subsection shall not be construed to limit the operation of rights under section 504. (b) Judicial Review.-- (1) Court of appeals for the district of columbia.--Any final action by the Secretaries of the Interior and Agriculture in promulgating regulations to implement this Act, or any other final actions constituting rulemaking to implement this Act, shall be subject to judicial review only in a United States Court of Appeals for a circuit in which an affected State is located or within the District of Columbia. Any action subject to judicial review under this subsection shall be affirmed unless the court concludes that such action is arbitrary, capricious, or otherwise inconsistent with law. A petition for review of any action subject to judicial review under this subsection shall be filed within 60 days from the date of such action, or after such date if the petition is based solely on grounds arising after the 60th day. Any such petition may be made by any person who commented or otherwise participated in the rulemaking or any person who may be adversely affected by the action of the Secretaries. (2) Standard of review.--Final agency action under this subsection, including such final action on those matters described under subsection (a), shall be subject to judicial review in accordance with paragraph (4) and pursuant to section 1391 of title 28, United States Code, on or before 60 days from the date of such final action. Any action subject to judicial review under this subsection shall be affirmed unless the court concludes that such action is arbitrary, capricious, or otherwise inconsistent with law. (3) Savings clause.--The availability of judicial review established in this subsection shall not be construed to limit the operations of rights under section 504. (4) Record.--The court shall hear any petition or complaint filed under this subsection solely on the record made before the Secretary or Secretaries concerned. The court may affirm or vacate any order or decision or may remand the proceedings to the Secretary or Secretaries for such further action as it may direct. (5) Commence of a proceeding not a stay.--The commencement of a proceeding under this section shall not, unless specifically ordered by the court, operate as a stay of the action, order, or decision of the Secretary or Secretaries concerned. (c) Costs.--Whenever a proceeding occurs under subsection (a) or (b), at the request of any person, a sum equal to the aggregate amount of all costs and expenses (including attorney fees) as determined by the Secretary or Secretaries concerned or the court to have been reasonably incurred by such person for or in connection with participation in such proceedings, including any judicial review of the proceeding, may be assessed against either party as the court, in the case of judicial review, or the Secretary or Secretaries concerned in the case of administrative proceedings, deems appropriate if it is determined that such party prevailed in whole or in part, achieving some success on the merits, and that such party made a substantial contribution to a full and fair determination of the issues. SEC. 506. REPORTING REQUIREMENTS. (a) Report to Secretary.--An operator engaging in any mineral activities located on Federal land or on Indian land shall submit to the Secretary an annual report, in a time and manner prescribed by the Secretary, describing the total amount (in metric tons) and value of hardrock minerals produced through such mineral activities, including the total amount and value of any minerals produced from a mine partially located on either Federal land or Indian land, disaggregated by mineral and by percentage extracted from Federal land and percentage extracted from Indian land. (b) Failure To Report.--Any person who fails to comply with the requirements of subsection (a) shall be subject to a civil penalty not to exceed $25,000 per day during which such failure continues, which may be assessed by the Secretary. (c) Report to Congress.--The Secretary shall submit an annual report to Congress providing the following information for each hardrock mine located on Federal land or on Indian land: (1) The data submitted for such mine under subsection (a). (2) The name of the mine operator. (3) The State in which such mine is located. (4) The Bureau of Land Management Field Office with jurisdiction over such mine. (5) Whether such mine is located on Federal land. (6) Whether such mine is located on Indian land. (d) Regulations.--The Secretary shall promulgate such regulations as are necessary to carry out this section not later than 180 days after the date of enactment of this Act. SEC. 507. ENFORCEMENT. (a) Orders.-- (1) Notice of violation.--If the Secretary concerned, or an authorized representative of such Secretary, determines that any person is in violation of any environmental protection requirement or any regulation issued by the Secretaries to implement this Act, such Secretary or authorized representative shall issue to such person a notice of violation describing the violation and the corrective measures to be taken. The Secretary concerned, or the authorized representative of such Secretary, shall provide such person with a period of time not to exceed 30 days to abate the violation. Such period of time may be extended by the Secretary concerned upon a showing of good cause by such person. If, upon the expiration of time provided for such abatement, the Secretary concerned, or the authorized representative of such Secretary, finds that the violation has not been abated he or she shall immediately order a cessation of all mineral activities or the portion thereof relevant to the violation. (2) Order for immediate cessation.--If the Secretary concerned, or the authorized representative of the Secretary concerned, determines that any condition or practice exists, or that any person is in violation of any requirement under a permit approved under this Act, and such condition, practice or violation is causing, or can reasonably be expected to cause either of the following, such Secretary or authorized representative shall immediately order a cessation of mineral activities or the portion thereof relevant to the condition, practice, or violation: (A) An imminent danger to the health or safety of the public. (B) Significant, imminent environmental harm to land, air, water, or fish or wildlife resources. (3) Duration.-- (A) Termination.--A cessation order pursuant to paragraph (1) or (2) shall remain in effect until such Secretary, or authorized representative, determines that the condition, practice, or violation has been abated, or until modified, vacated or terminated by the Secretary or authorized representative. In any such order, the Secretary or authorized representative shall determine the steps necessary to abate the violation in the most expeditious manner possible and shall include the necessary measures in the order. (B) Financial assurances.--The Secretary concerned shall require appropriate financial assurances to ensure that the abatement obligations are met when issuing an order under this section. (C) Authority of the secretary.--Any notice or order issued pursuant to paragraph (1) or (2) may be modified, vacated, or terminated by the Secretary concerned or an authorized representative of such Secretary. Any person to whom any such notice or order is issued shall be entitled to a hearing on the record. (4) Alternative enforcement action.--If, after 30 days of the date of the order referred to in subsection (a) the required abatement has not occurred, the Secretary concerned shall take such alternative enforcement action against the claim holder, license holder, lease holder, or operator (or any person who controls the claim holder, license holder, lease holder, or operator) as will most likely bring about abatement in the most expeditious manner possible. Such alternative enforcement action may include seeking appropriate injunctive relief to bring about abatement. Nothing in this paragraph shall preclude the Secretary concerned from taking alternative enforcement action prior to the expiration of 30 days. (5) Failure or default.--If a claim holder, license holder, lease holder, or operator (or any person who controls the claim holder, license holder, lease holder, or operator) fails to abate a violation or defaults on the terms of the permit, the Secretary concerned shall forfeit the financial assurance for the plan as necessary to ensure abatement and reclamation under this Act. The Secretary concerned may prescribe conditions under which a surety may perform reclamation in accordance with the approved plan in lieu of forfeiture. (6) Pending review.--The Secretary concerned shall not cause forfeiture of the financial assurance while administrative or judicial review is pending. (7) Liability in the event of forfeiture.--In the event of forfeiture, the claim holder, license holder, lease holder, operator, or any affiliate thereof, as appropriate as determined by the Secretary by rule, shall be jointly and severally liable for any remaining reclamation obligations under this Act. (b) Compliance.--The Secretary concerned may request the Attorney General to institute a civil action for relief, including a permanent or temporary injunction or restraining order, or any other appropriate enforcement order, including the imposition of civil penalties, in the district court of the United States for the district in which the mineral activities are located whenever a person-- (1) violates, fails, or refuses to comply with any order issued by the Secretary concerned under subsection (a); or (2) interferes with, hinders, or delays the Secretary concerned in carrying out an inspection under section 503. Such court shall have jurisdiction to provide such relief as may be appropriate. Any relief granted by the court to enforce an order under paragraph (1) shall continue in effect until the completion or final termination of all proceedings for review of such order unless the district court granting such relief sets it aside. (c) Delegation.--Notwithstanding any other provision of law, the Secretary may utilize personnel of the Office of Surface Mining Reclamation and Enforcement to ensure compliance with the requirements of this Act. (d) Penalties.-- (1) Failure to comply with requirements of a permit.--Any person who fails to comply with any requirement of a permit approved under this Act or any regulation issued by the Secretaries to implement this Act shall be liable for a penalty of not more than $25,000 per violation. Each day of violation may be deemed a separate violation for purposes of penalty assessments. (2) Failure to comply with a cessation order.--A person who fails to correct a violation for which a cessation order has been issued under subsection (a) within the period permitted for its correction shall be assessed a civil penalty of not less than $1,000 per violation for each day during which such failure continues. (3) Penalties for directors, officers, and agents.-- Whenever a corporation is in violation of a requirement of a permit approved under this Act or any regulation issued by the Secretaries to implement this Act or fails or refuses to comply with an order issued under subsection (a), any director, officer, or agent of such corporation who knowingly authorized, ordered, or carried out such violation, failure, or refusal shall be subject to the same penalties as may be imposed upon the person referred to in paragraph (1). (e) Suspensions or Revocations.--The Secretary concerned shall suspend or revoke a permit issued under title II, in whole or in part, if the operator-- (1) knowingly made or knowingly makes any false, inaccurate, or misleading material statement in any mining claim, notice of location, application, record, report, plan, or other document filed or required to be maintained under this Act; (2) fails to abate a violation covered by a cessation order issued under subsection (a); (3) fails to comply with an order of the Secretary concerned; (4) refuses to permit an audit pursuant to this Act; (5) fails to maintain an adequate financial assurance under section 306; (6) fails to pay claim maintenance fees, rentals, or other moneys due and owing under this Act; or (7) with regard to plans conditionally approved under section 305(c)(2), fails to abate a violation to the satisfaction of the Secretary concerned, or if the validity of the violation is upheld on the appeal which formed the basis for the conditional approval. (f) False Statements; Tampering.--Any person who knowingly-- (1) makes any false material statement, representation, or certification in, or omits or conceals material information from, or unlawfully alters, any mining claim, notice of location, application, record, report, plan, or other documents filed or required to be maintained under this Act; or (2) falsifies, tampers with, renders inaccurate, or fails to install any monitoring device or method required to be maintained under this Act, shall upon conviction, be punished by a fine of not more than $10,000, or by imprisonment for not more than 2 years, or by both. If a conviction of a person is for a violation committed after a first conviction of such person under this subsection, punishment shall be by a fine of not more than $20,000 per day of violation, or by imprisonment of not more than 4 years, or both. Each day of continuing violation may be deemed a separate violation for purposes of penalty assessments. (g) Knowing Violations.--Any person who knowingly-- (1) engages in mineral activities without a permit required under title II; or (2) violates any other requirement of a permit issued under this Act, or any condition or limitation thereof, shall upon conviction be punished by a fine of not less than $5,000 nor more than $50,000 per day of violation, or by imprisonment for not more than 3 years, or both. If a conviction of a person is for a violation committed after the first conviction of such person under this subsection, punishment shall be a fine of not less than $10,000 per day of violation, or by imprisonment of not more than 6 years, or both. (h) Knowing and Willful Violations.--Any person who knowingly and willfully commits an act for which a civil penalty is provided in paragraph (1) of subsection (g) shall, upon conviction, be punished by a fine of not more than $50,000, or by imprisonment for not more than 2 years, or both. (i) Definition.--For purposes of this section, the term ``person'' includes any officer, agent, or employee of a person. SEC. 508. REGULATIONS. The Secretary and the Secretary of Agriculture shall issue such regulations as are necessary to implement this Act. The regulations implementing titles II and III and this title that affect the Forest Service shall be joint regulations issued by both Secretaries, and shall be issued not later than 180 days after the date of enactment of this Act. SEC. 509. OIL SHALE CLAIMS. Section 2511(f) of the Energy Policy Act of 1992 (30 U.S.C. 242(f); Public Law 102-486) is amended-- (1) by striking ``as prescribed by the Secretary''; and (2) by inserting before the period the following: ``in the same manner as required by title II of the Clean Energy Minerals Reform Act of 2022''. SEC. 510. SAVINGS CLAUSE. (a) Special Application of Mining Laws.--Nothing in this Act shall be construed as repealing or modifying any Federal law, regulation, order, or land use plan, in effect prior to the date of enactment of this Act that prohibits or restricts the application of the general mining laws, including laws that provide for special management criteria for operations under the general mining laws as in effect prior to the date of enactment of this Act, to the extent such laws provide for protection of natural and cultural resources and the environment greater than required under this Act, and any such prior law shall remain in force and effect with respect to claims converted to leases under this Act. Nothing in this Act shall be construed as applying to or limiting mineral investigations, studies, or other mineral activities conducted by any Federal or State agency acting in its governmental capacity pursuant to other authority. Nothing in this Act shall affect or limit any assessment, investigation, evaluation, or listing pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.), or the Solid Waste Disposal Act (42 U.S.C. 3251 et seq.). (b) Effect on Other Federal Laws.-- (1) General mining laws.--The provisions of this Act shall supersede the general mining laws. (2) Other laws.--Except for the general mining laws, nothing in this Act shall be construed as superseding, modifying, amending, or repealing any provision of Federal law not expressly superseded, modified, amended, or repealed by this Act. (3) Environmental laws.--Nothing in this Act shall be construed as altering, affecting, amending, modifying, or changing, directly or indirectly, any law which refers to and provides authorities or responsibilities for, or is administered by, the Environmental Protection Agency or the Administrator of the Environmental Protection Agency, including-- (A) the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.); (B) the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); (C) title XIV of the Public Health Service Act (the Safe Drinking Water Act) (42 U.S.C. 300f et seq.); (D) the Clean Air Act (42 U.S.C. 7401 et seq.); (E) the Pollution Prevention Act of 1990 (42 U.S.C. 13101 et seq.); (F) the Toxic Substances Control Act (15 U.S.C. 2601 et seq.); (G) the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136 et seq.); (H) the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.); (I) the Motor Vehicle Information and Cost Savings Act (15 U.S.C. 1901 et seq.); (J) the Federal Hazardous Substances Act (15 U.S.C. 1261 et seq.); (K) the Endangered Species Act of 1973 (16 U.S.C. 1540); (L) the Atomic Energy Act of 1954 (42 U.S.C. 2011 et seq.); (M) the Noise Control Act of 1972 (42 U.S.C. 4901 et seq.); (N) the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.); (O) the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.); (P) the Superfund Amendments and Reauthorization Act of 1986 (Public Law 99-499; 100 Stat. 1613); (Q) the Ocean Dumping Act (33 U.S.C. 1401 et seq.); (R) the Environmental Research, Development, and Demonstration Authorization Act of 1978 (42 U.S.C. 4365); (S) the Pollution Prosecution Act of 1990 (42 U.S.C. 4321 note; Public Law 101-593); (T) the Federal Facilities Compliance Act of 1992 (Public Law 102-386; 106 Stat. 1505); and (U) any statute containing an amendment to any of such Acts. (4) Federal indian law.--Nothing in this Act shall be construed as modifying or affecting any provision of-- (A) the Native American Graves Protection and Repatriation Act (25 U.S.C. 3001 et seq.); (B) American Indian Religious Freedom Act (42 U.S.C. 1996); (C) the National Historic Preservation Act (16 U.S.C. 470 et seq.); (D) the Religious Freedom Restoration Act of 1993 (42 U.S.C. 2000bb et seq.); or (E) the Archaeological Resources Protection Act of 1979 (16 U.S.C. 470aa et seq.). (c) Sovereign Immunity of Indian Tribes.--Nothing in this section shall be construed so as to waive the sovereign immunity of any Indian Tribe. SEC. 511. AVAILABILITY OF PUBLIC RECORDS. Copies of records, reports, inspection materials, or information obtained by the Secretary or the Secretary of Agriculture under this Act shall be made immediately available to the public, consistent with section 552 of title 5, United States Code, in central and sufficient locations in the county, multicounty, and State area of mineral activities or reclamation so that such items are conveniently available to residents in the area proposed or approved for mineral activities and on the internet. SEC. 512. MISCELLANEOUS POWERS. (a) In General.--In carrying out his or her duties under this Act, the Secretary concerned may conduct any investigation, inspection, or other inquiry necessary and appropriate and may conduct, after notice, any hearing or audit, necessary and appropriate to carrying out his or her duties. (b) Ancillary Powers.--In connection with any hearing, inquiry, investigation, or audit under this Act, the Secretary, or for National Forest System lands the Secretary of Agriculture, is authorized to take any of the following actions: (1) Require, by special or general order, any person to submit in writing such affidavits and answers to questions as the Secretary concerned may reasonably prescribe, which submission shall be made within such reasonable period and under oath or otherwise, as may be necessary. (2) Administer oaths. (3) Require by subpoena the attendance and testimony of witnesses and the production of all books, papers, records, documents, matter, and materials, as such Secretary may request. (4) Order testimony to be taken by deposition before any person who is designated by such Secretary and who has the power to administer oaths, and to compel testimony and the production of evidence in the same manner as authorized under paragraph (3) of this subsection. (5) Pay witnesses the same fees and mileage as are paid in like circumstances in the courts of the United States. (c) Enforcement.--In cases of refusal to obey a subpoena served upon any person under this section, the district court of the United States for any district in which such person is found, resides, or transacts business, upon application by the Attorney General at the request of the Secretary concerned and after notice to such person, shall have jurisdiction to issue an order requiring such person to appear and produce documents before the Secretary concerned. Any failure to obey such order of the court may be punished by such court as contempt thereof and subject to a penalty of up to $10,000 a day. (d) Entry and Access.--Without advance notice and upon presentation of appropriate credentials, the Secretary concerned or any authorized representative thereof-- (1) shall have the right of entry to, upon, or through the site of any claim, license, lease, mineral activities, or any premises in which any records required to be maintained under this Act are located; (2) may at reasonable times, and without delay, have access to records, inspect any monitoring equipment, or review any method of operation required under this Act; (3) may engage in any work and do all things necessary or expedient to implement and administer the provisions of this Act; (4) may, on any mining claim, license, or lease maintained in compliance with this Act, and without advance notice, stop and inspect any motorized form of transportation that such Secretary has probable cause to believe is carrying hardrock minerals, concentrates, or products derived therefrom from a claim site for the purpose of determining whether the operator of such vehicle has documentation related to such hardrock minerals, concentrates, or products derived therefrom as required by law, if such documentation is required under this Act; and (5) may, if accompanied by any appropriate law enforcement officer, or an appropriate law enforcement officer alone, stop and inspect any motorized form of transportation which is not on a claim site if he or she has probable cause to believe such vehicle is carrying hardrock minerals, concentrates, or products derived therefrom from a claim site, license, or lease on Federal lands or allocated to such claim site, license, or lease. Such inspection shall be for the purpose of determining whether the operator of such vehicle has the documentation required by law, if such documentation is required under this Act. SEC. 513. MINERAL MATERIALS. (a) Determinations.--Section 3 of the Act of July 23, 1955 (30 U.S.C. 611), is amended-- (1) in the heading, by striking ``or cinders'' and inserting ``cinders, and clay''; (2) by striking ``No'' and inserting ``(a) No''; (3) by inserting ``mineral materials, including'' after ``varieties of''; (4) by striking ``or cinders'' and inserting ``cinders, and clay''; and (5) by adding at the end the following: ``(b)(1) Subject to valid existing rights, after the date of enactment of the Clean Energy Minerals Reform Act of 2022, notwithstanding the reference to common varieties in subsection (a) and to the exception to such term relating to a deposit of materials with some property giving it distinct and special value, all deposits of mineral materials referred to in such subsection, including the block pumice referred to in such subsection, shall be subject to disposal only under the terms and conditions of the Materials Act of 1947 (30 U.S.C. 601-603). ``(2) For purposes of paragraph (1), the term `valid existing rights' means that a mining claim located for any such mineral material-- ``(A) had and still has some property giving it the distinct and special value referred to in subsection (a), or as the case may be, met the definition of block pumice referred to in such subsection; ``(B) was properly located and maintained under the general mining laws prior to the date of enactment of the Clean Energy Minerals Reform Act of 2022; and ``(C) was supported by a discovery of a valuable mineral deposit within the meaning of the general mining laws as in effect immediately prior to the date of enactment of the Clean Energy Minerals Reform Act of 2022.''. (b) Mineral Materials Disposal Clarification.--Section 4 of the Act of July 23, 1955 (30 U.S.C. 612), is amended-- (1) in subsection (b) by inserting ``and mineral material'' after ``vegetative''; and (2) in subsection (c) by inserting ``and mineral material'' after ``vegetative''. (c) Conforming Amendment.--Section 1 of the Act of July 31, 1947, entitled ``An Act to provide for the disposal of materials on the public lands of the United States'' (30 U.S.C. 601 et seq.) is amended by striking ``common varieties of'' in the first sentence. (d) Short Titles.-- (1) Surface resources.--The Act of July 23, 1955, is amended by inserting after section 7 the following new section: ``Sec. 8. This Act may be cited as the `Surface Resources Act of 1955'.''. (2) Mineral materials.--The Act of July 31, 1947, entitled ``An Act to provide for the disposal of materials on the public lands of the United States'' (30 U.S.C. 601 et seq.) is amended by inserting after section 4 the following new section: ``Sec. 5. This Act may be cited as the `Materials Act of 1947'.''. (e) Repeals.--(1) Subject to valid existing rights, the Act of August 4, 1892 (chapter 375; 27 Stat. 348; 30 U.S.C. 161), commonly known as the Building Stone Act, is hereby repealed. (2) Subject to valid existing rights, the Act of January 31, 1901 (chapter 186; 31 Stat. 745; 30 U.S.C. 162), commonly known as the Saline Placer Act, is hereby repealed. SEC. 514. EFFECTIVE DATE. This Act shall take effect on the date of enactment of this Act, except as otherwise provided in this Act. <all>

Clean Energy Minerals Reform Act of 2022

To modify the requirements applicable to locatable minerals on public domain lands, consistent with the principles of self-initiation of mining claims, and for other purposes.

Clean Energy Minerals Reform Act of 2022

Rep. Grijalva, Raúl M.

D

AZ

H.R.1244

International Affairs

This bill repeals the following foreign affairs reporting requirements:

To repeal certain foreign affairs reporting requirements. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. REPEAL OF CERTAIN FOREIGN AFFAIRS REPORTING REQUIREMENTS. (a) In General.--The following provisions of law are hereby repealed: (1) Subsection (b) of section 804 of Public Law 101-246. (2) Section 6 of Public Law 104-45. (3) Section 406 of Public Law 101-246 (22 U.S.C. 2414a). (4) Subsection (c) of section 702 of Public Law 96-465 (22 U.S.C. 4022). (5) Section 404 of the Arms Control and Disarmament Act (22 U.S.C. 2593b). (6) Section 5 of Public Law 94-304 (22 U.S.C. 3005). (7) Subsection (b) of section 502 of the International Security and Development Cooperation Act of 1985 (22 U.S.C. 2349aa-7). (b) Technical and Conforming Amendment.--Subsection (c) of section 502 of the International Security and Development Cooperation Act of 1985 (22 U.S.C. 2349aa-7) is redesignated as subsection (b). <all>

To repeal certain foreign affairs reporting requirements.

To repeal certain foreign affairs reporting requirements.

Official Titles - House of Representatives Official Title as Introduced To repeal certain foreign affairs reporting requirements.

Rep. Kim, Young

R

CA

S.4673

Crime and Law Enforcement

National Computer Forensics Institute Reauthorization Act of 2022 This bill reauthorizes through FY2028 the National Computer Forensics Institute within the U.S. Secret Service.

To reauthorize the National Computer Forensics Institute of the United States Secret Service, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``National Computer Forensics Institute Reauthorization Act of 2022''. SEC. 2. REAUTHORIZATION OF THE NATIONAL COMPUTER FORENSICS INSTITUTE. Section 822 of the Homeland Security Act of 2002 (6 U.S.C. 383) is amended-- (1) in subsection (a)-- (A) in the first sentence, by striking ``2017 through 2022'' and inserting ``2023 through 2028''; and (B) by striking the second sentence; (2) by striking subsection (b) and inserting the following: ``(b) Functions.--The Institute shall provide information and training to any State, local, Tribal, or territorial law enforcement officer, prosecutor, or judge, any officer or employee of any agency in any branch of the Federal Government, any member of the uniformed services, or any State, local, Tribal, or territorial employee who might reasonably assist in the investigation and prevention of cyber and electronic crime and related threats, on-- ``(1) cyber and electronic crimes and related threats; ``(2) methods for investigating cyber and electronic crime and related threats and conducting computer and mobile device forensic examinations; ``(3) prosecutorial and judicial challenges related to cyber and electronic crime and related threats, and computer and mobile device forensic examinations; and ``(4) methods to obtain, process, store, and admit digital evidence in court.''; (3) in subsection (c), by striking ``State, local, tribal, and territorial law enforcement officers and prosecutors'' and inserting ``members and partners of the network of Cyber Fraud Task Forces of the United States Secret Service, and, when selecting participants for the training specified in subsection (b), the Institute shall prioritize, to the extent reasonable and practicable, State, local, tribal, and territorial law enforcement officers, prosecutors, judges, and other employees.''; (4) in subsection (d), by striking ``State, local, tribal and territorial law enforcement officers'' and inserting ``the individuals listed in subsection (b)''; (5) in subsection (e)-- (A) in the subsection heading, by striking ``electronic crime'' and inserting ``cyber fraud''; (B) by striking ``Electronic Crime'' and inserting ``Cyber Fraud''; and (C) by striking ``State, local, tribal, and territorial''; and (6) by adding at the end the following: ``(g) Expenses.--The Director of the United States Secret Service may pay for all or a part of the necessary expenses of the training and information provided by the Institute under subsection (b), including travel, transportation, and subsistence expenses for recipients of the information and training. ``(h) Annual Reports to Congress.-- ``(1) In general.--The Secretary shall include in the annual report required under section 1116 of title 31, United States Code, information regarding the activities of the Institute, including, where possible-- ``(A) an identification of jurisdictions with recipients of the education and training provided pursuant to subsection (b) during such year; ``(B) information relating to the costs associated with that education and training; ``(C) any information regarding projected future demand for the education and training provided pursuant to subsection (b); ``(D) impacts of the activities of the Institute on the capability of jurisdictions to investigate and prevent cybersecurity incidents, electronic crimes, and related cybersecurity threats; ``(E) a description of the nomination process for potential recipients of the information and training provided pursuant to subsection (b); and ``(F) any other issues determined to be relevant by the Secretary. ``(2) Exception.--Any information required under paragraph (1) that is submitted as part of the annual budget submitted by the President to Congress under section 1105 of title 31, United States Code, is not required to be included in the report described in paragraph (1).''. Passed the Senate September 27, 2022. Attest: Secretary. 117th CONGRESS 2d Session S. 4673 _______________________________________________________________________

National Computer Forensics Institute Reauthorization Act of 2022

A bill to reauthorize the National Computer Forensics Institute of the United States Secret Service, and for other purposes.

National Computer Forensics Institute Reauthorization Act of 2022 National Computer Forensics Institute Reauthorization Act of 2022

Sen. Grassley, Chuck

R

IA

S.1491

Health

Rural Maternal and Obstetric Modernization of Services Act or the Rural MOMS Act This bill expands initiatives to address maternal health in rural areas. The bill requires the Health Resources and Services Administration (HRSA) to establish rural obstetric networks. These networks must foster collaboration to improve birth outcomes and reduce maternal morbidity in rural areas. HRSA also must award demonstration grants to medical schools and other health professional training programs to support education and training on maternal health in rural areas. In addition, the bill incorporates maternal health services in certain telehealth grant programs. It also revises various research and other activities of the Department of Health and Human Services that pertain to maternal health.

To amend the Public Health Service Act to improve obstetric care in rural areas. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, <DELETED>SECTION 1. SHORT TITLE.</DELETED> <DELETED> This Act may be cited as the ``Rural Maternal and Obstetric Modernization of Services Act'' or the ``Rural MOMS Act''.</DELETED> <DELETED>SEC. 2. IMPROVING RURAL MATERNAL AND OBSTETRIC CARE DATA.</DELETED> <DELETED> (a) Maternal Mortality and Morbidity Activities.--Section 301 of the Public Health Service Act (42 U.S.C. 241) is amended-- </DELETED> <DELETED> (1) by redesignating subsections (e) through (h) as subsections (f) through (i), respectively; and</DELETED> <DELETED> (2) by inserting after subsection (d), the following:</DELETED> <DELETED> ``(e) The Secretary, acting through the Director of the Centers for Disease Control and Prevention, shall expand, intensify, and coordinate the activities of the Centers for Disease Control and Prevention with respect to maternal mortality and morbidity.''.</DELETED> <DELETED> (b) Office of Women's Health.--Section 310A(b)(1) of the Public Health Service Act (42 U.S.C. 242s(b)(1)) is amended by striking ``sociocultural contexts'' and inserting ``sociocultural (race, ethnicity, language, class, income) contexts (including among American Indians and Alaska Natives, as such terms are defined in section 4 of the Indian Health Care Improvement Act), and geographic contexts''.</DELETED> <DELETED> (c) Safe Motherhood.--Section 317K(b)(2) of the Public Health Service Act (42 U.S.C. 247b-12(b)(2)) is amended--</DELETED> <DELETED> (1) in subparagraph (L), by striking ``and'' at the end;</DELETED> <DELETED> (2) by redesignating subparagraph (M) as subparagraph (N); and</DELETED> <DELETED> (3) by inserting after subparagraph (L), the following:</DELETED> <DELETED> ``(M) an examination of the relationship between maternal health services in rural areas and outcomes in delivery and postpartum care; and''.</DELETED> <DELETED> (d) Office of Research on Women's Health.--Section 486 of the Public Health Service Act (42 U.S.C. 287d) is amended--</DELETED> <DELETED> (1) in subsection (b)--</DELETED> <DELETED> (A) by redesignating paragraphs (4) through (9) as paragraphs (5) through (10), respectively;</DELETED> <DELETED> (B) by inserting after paragraph (3) the following:</DELETED> <DELETED> ``(4) carry out paragraphs (1) and (2) with respect to pregnancy, with priority given to deaths related to pregnancy;''; and</DELETED> <DELETED> (C) in paragraph (5) (as so redesignated), by striking ``through (3)'' and inserting ``through (4)''; and</DELETED> <DELETED> (2) in subsection (d)(4)(A)(iv), by inserting ``, including maternal mortality and other maternal morbidity outcomes'' before the semicolon.</DELETED> <DELETED>SEC. 3. RURAL OBSTETRIC NETWORK GRANTS.</DELETED> <DELETED> The Public Health Service Act is amended by inserting after section 317L-1 (42 U.S.C. 247b-13a) the following:</DELETED> <DELETED>``SEC. 317L-2. RURAL OBSTETRIC NETWORK GRANTS.</DELETED> <DELETED> ``(a) In General.--For the purpose of enabling the Secretary (through grants, contracts, or otherwise), acting through the Administrator of the Health Resources and Services Administration, to establish collaborative improvement and innovation networks (referred to in this section as `rural obstetric networks') to improve outcomes in birth and maternal morbidity and mortality, there is appropriated to the Secretary, out of any money in the Treasury not otherwise appropriated, $3,000,000 for each of fiscal years 2021 through 2025. Such amounts shall remain available until expended.</DELETED> <DELETED> ``(b) Use of Funds.--Amount appropriated under subsection (a) shall be used for the establishment of collaborative improvement and innovation networks to improve maternal health in rural areas by improving outcomes in birth and maternal morbidity and mortality. Rural obstetric networks established in accordance with this section shall-- </DELETED> <DELETED> ``(1) assist pregnant women and individuals in rural areas connect with prenatal, labor and birth, and postpartum care to improve outcomes in birth and maternal mortality and morbidity;</DELETED> <DELETED> ``(2) identify successful prenatal, labor and birth, and postpartum health delivery models for individuals in rural areas, including evidence-based home visiting programs and successful, culturally competent models with positive maternal health outcomes that advance health equity;</DELETED> <DELETED> ``(3) develop a model for collaboration between health facilities that have an obstetric health unit and health facilities that do not have an obstetric health unit;</DELETED> <DELETED> ``(4) provide training and guidance for health facilities that do not have obstetric health units;</DELETED> <DELETED> ``(5) collaborate with academic institutions that can provide regional expertise and research on access, outcomes, needs assessments, and other identified data; and</DELETED> <DELETED> ``(6) measure and address inequities in birth outcomes among rural residents, with an emphasis on Black and American Indians and Alaska Native residents, as such terms are defined in section 4 of the Indian Health Care Improvement Act.</DELETED> <DELETED> ``(c) Requirements.--</DELETED> <DELETED> ``(1) Establishment.--Not later than October 1, 2021, the Secretary shall establish rural obstetric health networks in at least 5 regions.</DELETED> <DELETED> ``(2) Definitions.--In this section:</DELETED> <DELETED> ``(A) Frontier area.--The term `frontier area' means a frontier county, as defined in section 1886(d)(3)(E)(iii)(III) of the Social Security Act.</DELETED> <DELETED> ``(B) Indian tribe.--The term `Indian tribe' has the meaning given such term in section 4 of the Indian Health Care Improvement Act.</DELETED> <DELETED> ``(C) Native hawaiian health care system.--The term `Native Hawaiian Health Care System' has the meaning given such term in section 12 of the Native Hawaiian Health Care Improvement Act.</DELETED> <DELETED> ``(D) Region.--The term `region' means a State, Indian tribe, rural area, or frontier area.</DELETED> <DELETED> ``(E) Rural area.--The term `rural area' has the meaning given that term in section 1886(d)(2)(D) of the Social Security Act.</DELETED> <DELETED> ``(F) Tribal organization.--The term `tribal organization' has the meaning given such term in the Indian Self-Determination Act.</DELETED> <DELETED> ``(G) State.--The term `State' has the meaning given that term for purposes of title V of the Social Security Act.''.</DELETED> <DELETED>SEC. 4. TELEHEALTH NETWORK AND TELEHEALTH RESOURCE CENTERS GRANT PROGRAMS.</DELETED> <DELETED> Section 330I of the Public Health Service Act (42 U.S.C. 254c-14) is amended--</DELETED> <DELETED> (1) in subsection (f)(3), by adding at the end the following:</DELETED> <DELETED> ``(M) Providers of maternal, including prenatal, labor and birth, and postpartum care services and entities operation obstetric care units.'';</DELETED> <DELETED> (2) in subsection (h)(1)(B), by inserting ``labor and birth, postpartum,'' before ``or prenatal''; and</DELETED> <DELETED> (3) in subsection (j)(1)(B), by inserting ``, including equipment useful for caring for pregnant women and individuals, including ultrasound machines and fetal monitoring equipment'' before the semicolon.</DELETED> <DELETED>SEC. 5. RURAL MATERNAL AND OBSTETRIC CARE TRAINING DEMONSTRATION.</DELETED> <DELETED> Part D of title VII of the Public Health Service Act is amended by inserting after section 760 (42 U.S.C. 294k) the following:</DELETED> <DELETED>``SEC. 760A. RURAL MATERNAL AND OBSTETRIC CARE TRAINING DEMONSTRATION.</DELETED> <DELETED> ``(a) In General.--The Secretary shall establish a training demonstration program to award grants to eligible entities to support--</DELETED> <DELETED> ``(1) training for physicians, medical residents, including family medicine and obstetrics and gynecology residents, and fellows to practice maternal and obstetric medicine in rural community-based settings;</DELETED> <DELETED> ``(2) training for licensed and accredited nurse practitioners, physician assistants, certified nurse midwives, certified midwives, certified professional midwives, home visiting nurses, or non-clinical professionals such as doulas and community health workers, to provide maternal care services in rural community-based settings; and</DELETED> <DELETED> ``(3) establishing, maintaining, or improving academic units or programs that--</DELETED> <DELETED> ``(A) provide training for students or faculty, including through clinical experiences and research, to improve maternal care in rural areas; or</DELETED> <DELETED> ``(B) develop evidence-based practices or recommendations for the design of the units or programs described in subparagraph (A), including curriculum content standards.</DELETED> <DELETED> ``(b) Activities.--</DELETED> <DELETED> ``(1) Training for medical residents and fellows.--A recipient of a grant under subsection (a)(1)-- </DELETED> <DELETED> ``(A) shall use the grant funds-- </DELETED> <DELETED> ``(i) to plan, develop, and operate a training program to provide obstetric care in rural areas for family practice or obstetrics and gynecology residents and fellows; or</DELETED> <DELETED> ``(ii) to train new family practice or obstetrics and gynecology residents and fellows in maternal and obstetric health care to provide and expand access to maternal and obstetric health care in rural areas; and</DELETED> <DELETED> ``(B) may use the grant funds to provide additional support for the administration of the program or to meet the costs of projects to establish, maintain, or improve faculty development, or departments, divisions, or other units necessary to implement such training.</DELETED> <DELETED> ``(2) Training for other providers.--A recipient of a grant under subsection (a)(2)--</DELETED> <DELETED> ``(A) shall use the grant funds to plan, develop, or operate a training program to provide maternal health care services in rural, community-based settings; and</DELETED> <DELETED> ``(B) may use the grant funds to provide additional support for the administration of the program or to meet the costs of projects to establish, maintain, or improve faculty development, or departments, divisions, or other units necessary to implement such program.</DELETED> <DELETED> ``(3) Academic units or programs.--A recipient of a grant under subsection (a)(3) shall enter into a partnership with organizations such as an education accrediting organization (such as the Liaison Committee on Medical Education, the Accreditation Council for Graduate Medical Education, the Commission on Osteopathic College Accreditation, the Accreditation Commission for Education in Nursing, the Commission on Collegiate Nursing Education, the Accreditation Commission for Midwifery Education, or the Accreditation Review Commission on Education for the Physician Assistant) to carry out activities under subsection (a)(3).</DELETED> <DELETED> ``(4) Training program requirements.--The recipient of a grant under subsection (a)(1) or (a)(2) shall ensure that training programs carried out under the grant include instruction on--</DELETED> <DELETED> ``(A) maternal mental health, including perinatal depression and anxiety and postpartum depression;</DELETED> <DELETED> ``(B) maternal substance use disorder;</DELETED> <DELETED> ``(C) social determinants of health that impact individuals living in rural communities, including poverty, social isolation, access to nutrition, education, transportation, and housing; and</DELETED> <DELETED> ``(D) implicit bias.</DELETED> <DELETED> ``(c) Eligible Entities.--</DELETED> <DELETED> ``(1) Training for medical residents and fellows.--To be eligible to receive a grant under subsection (a)(1), an entity shall--</DELETED> <DELETED> ``(A) be a consortium consisting of-- </DELETED> <DELETED> ``(i) at least one teaching health center; or</DELETED> <DELETED> ``(ii) the sponsoring institution (or parent institution of the sponsoring institution) of--</DELETED> <DELETED> ``(I) an obstetrics and gynecology or family medicine residency program that is accredited by the Accreditation Council of Graduate Medical Education (or the parent institution of such a program); or</DELETED> <DELETED> ``(II) a fellowship in maternal or obstetric medicine, as determined appropriate by the Secretary; or</DELETED> <DELETED> ``(B) be an entity described in subparagraph (A)(ii) that provides opportunities for medical residents or fellows to train in rural community-based settings.</DELETED> <DELETED> ``(2) Training for other providers.--To be eligible to receive a grant under subsection (a)(2), an entity shall be--</DELETED> <DELETED> ``(A) a teaching health center (as defined in section 749A(f));</DELETED> <DELETED> ``(B) a Federally-qualified health center (as defined in section 1905(l)(2)(B) of the Social Security Act);</DELETED> <DELETED> ``(C) a community mental health center (as defined in section 1861(ff)(3)(B) of the Social Security Act);</DELETED> <DELETED> ``(D) a rural health clinic (as defined in section 1861(aa) of the Social Security Act);</DELETED> <DELETED> ``(E) a freestanding birth center (as defined in section 1905(l)(3) of the Social Security Act);</DELETED> <DELETED> ``(F) a health center operated by the Indian Health Service, an Indian tribe, a tribal organization, or a Native Hawaiian Health Care System (as such terms are defined in section 4 of the Indian Health Care Improvement Act and section 12 of the Native Hawaiian Health Care Improvement Act); or</DELETED> <DELETED> ``(G) an entity with a demonstrated record of success in providing academic training for nurse practitioners, physician assistants, certified nurse- midwives, certified midwives, certified professional midwives, home visiting nurses, or non-clinical professionals, such as doulas and community health workers.</DELETED> <DELETED> ``(3) Academic units or programs.--To be eligible to receive a grant under subsection (a)(3), an entity shall be a school of medicine or osteopathic medicine, a nursing school, a physician assistant training program, an accredited public or nonprofit private hospital, an accredited medical residency program, a school accredited by the Midwifery Education and Accreditation Council, or a public or private nonprofit entity which the Secretary has determined is capable of carrying out such grant.</DELETED> <DELETED> ``(4) Application.--To be eligible to receive a grant under subsection (a), an entity shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require, including an estimate of the amount to be expended to conduct training activities under the grant (including ancillary and administrative costs).</DELETED> <DELETED> ``(d) Duration.--Grants awarded under this section shall be for a minimum of 5 years.</DELETED> <DELETED> ``(e) Study and Report.--</DELETED> <DELETED> ``(1) Study.--</DELETED> <DELETED> ``(A) In general.--The Secretary, acting through the Administrator of the Health Resources and Services Administration, shall conduct a study on the results of the demonstration program under this section.</DELETED> <DELETED> ``(B) Data submission.--Not later than 90 days after the completion of the first year of the training program, and each subsequent year for the duration of the grant, that the program is in effect, each recipient of a grant under subsection (a) shall submit to the Secretary such data as the Secretary may require for analysis for the report described in paragraph (2).</DELETED> <DELETED> ``(2) Report to congress.--Not later than 1 year after receipt of the data described in paragraph (1)(B), the Secretary shall submit to Congress a report that includes-- </DELETED> <DELETED> ``(A) an analysis of the effect of the demonstration program under this section on the quality, quantity, and distribution of maternal, including prenatal, labor and birth, and postpartum care services and the demographics of the recipients of those services;</DELETED> <DELETED> ``(B) an analysis of maternal and infant health outcomes (including quality of care, morbidity, and mortality) before and after implementation of the program in the communities served by entities participating in the demonstration; and</DELETED> <DELETED> ``(C) recommendations on whether the demonstration program should be expanded.</DELETED> <DELETED> ``(f) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section, $5,000,000 for each of fiscal years 2021 through 2025.''.</DELETED> <DELETED>SEC. 6. GAO REPORT.</DELETED> <DELETED> Not later than 1 year after the date of enactment of this Act, the Comptroller General of the United States shall submit to the appropriate committees of Congress a report on the maternal, including prenatal, labor and birth, and postpartum care in rural areas. Such report shall include the following:</DELETED> <DELETED> (1) The location of gaps in maternal and obstetric clinicians and health professionals, including non-clinical professionals such as doulas and community health workers.</DELETED> <DELETED> (2) The location of gaps in facilities able to provide maternal, including prenatal, labor and birth, and postpartum care in rural areas, including care for high-risk pregnancies.</DELETED> <DELETED> (3) The gaps in data on maternal mortality and recommendations to standardize the format on collecting data related to maternal mortality and morbidity.</DELETED> <DELETED> (4) The gaps in maternal health by race and ethnicity in rural communities, with a focus on racial inequities for Black residents and among Indian Tribes and American Indian and Alaska Native rural residents (as such terms are defined in section 4 of the Indian Health Care Improvement Act).</DELETED> <DELETED> (5) A list of specific activities that the Secretary of Health and Human Services plans to conduct on maternal, including prenatal, labor and birth, and postpartum care.</DELETED> <DELETED> (6) A plan for completing such activities.</DELETED> <DELETED> (7) An explanation of Federal agency involvement and coordination needed to conduct such activities.</DELETED> <DELETED> (8) A budget for conducting such activities.</DELETED> <DELETED> (9) Other information that the Comptroller General determines appropriate.</DELETED> SECTION 1. SHORT TITLE. This Act may be cited as the ``Rural Maternal and Obstetric Modernization of Services Act'' or the ``Rural MOMS Act''. SEC. 2. IMPROVING RURAL MATERNAL AND OBSTETRIC CARE DATA. (a) Maternal Mortality and Morbidity Activities.--Section 301(e) of the Public Health Service Act (42 U.S.C. 241) is amended by inserting ``, preventable maternal mortality and severe maternal morbidity,'' after ``delivery''. (b) Office of Women's Health.--Section 310A(b)(1) of the Public Health Service Act (42 U.S.C. 242s(b)(1)) is amended by striking ``and sociocultural contexts,'' and inserting ``sociocultural (including among American Indians, Native Hawaiians, and Alaska Natives), and geographical contexts,''. (c) Safe Motherhood.--Section 317K of the Public Health Service Act (42 U.S.C. 247b-12) is amended-- (1) in subsection (a)(2)(A), by inserting ``, including improving disaggregation of data (in a manner consistent with applicable State and Federal privacy laws)'' before the period; and (2) in subsection (b)(2)-- (A) in subparagraph (L), by striking ``and'' at the end; (B) by redesignating subparagraph (M) as subparagraph (N); and (C) by inserting after subparagraph (L) the following: ``(M) an examination of the relationship between maternal health and obstetric services in rural areas and outcomes in delivery and postpartum care; and''. (d) Office of Research on Women's Health.--Section 486(d)(4)(A)(iv) of the Public Health Service Act (42 U.S.C. 287d(d)(4)(A)(iv)) is amended by inserting ``, including preventable maternal mortality and severe maternal morbidity'' before the semicolon. SEC. 3. RURAL OBSTETRIC NETWORK GRANTS. The Public Health Service Act is amended by inserting after section 330A-1 of such Act (42 U.S.C. 254c-1a) the following: ``SEC. 330A-2. RURAL OBSTETRIC NETWORK GRANTS. ``(a) Program Established.--The Secretary shall award grants or cooperative agreements to eligible entities to establish collaborative improvement and innovation networks (referred to in this section as `rural obstetric networks') to improve maternal and infant health outcomes and reduce preventable maternal mortality and severe maternal morbidity by improving maternity care and access to care in rural areas, frontier areas, maternity care health professional target areas, or jurisdictions of Indian Tribes and Tribal organizations. ``(b) Use of Funds.--Grants or cooperative agreements awarded pursuant to this section shall be used for the establishment or continuation of collaborative improvement and innovation networks to improve maternal and infant health outcomes and reduce preventable maternal mortality and severe maternal morbidity by improving prenatal care, labor care, birthing, and postpartum care services in rural areas. Rural obstetric networks established in accordance with this section may-- ``(1) develop a network to improve coordination and increase access to maternal health care and assist pregnant women in the areas described in subsection (a) with accessing and utilizing prenatal care, labor care, birthing, and postpartum care services to improve outcomes in birth and maternal mortality and morbidity; ``(2) identify and implement evidence-based and sustainable delivery models for providing prenatal care, labor care, birthing, and postpartum care services, including home visiting programs and culturally appropriate care models that reduce health disparities; ``(3) develop a model for maternal health care collaboration between health care settings to improve access to care in areas described in subsection (a), which may include the use of telehealth; ``(4) provide training for professionals in health care settings that do not have specialty maternity care; ``(5) collaborate with academic institutions that can provide regional expertise and help identify barriers to providing maternal health care, including strategies for addressing such barriers; and ``(6) assess and address disparities in infant and maternal health outcomes, including among racial and ethnic minority populations and underserved populations in such areas described in subsection (a). ``(c) Definitions.--In this section: ``(1) Eligible entities.--The term `eligible entities' means entities providing prenatal care, labor care, birthing, and postpartum care services in rural areas, frontier areas, or medically underserved areas, or to medically underserved populations or Indian Tribes or Tribal organizations. ``(2) Frontier area.--The term `frontier area' means a frontier county, as defined in section 1886(d)(3)(E)(iii)(III) of the Social Security Act. ``(3) Indian tribes; tribal organization.--The terms `Indian Tribe' and `Tribal organization' have the meanings given the terms `Indian tribe' and `tribal organization' in section 4 of the Indian Self-Determination and Education Assistance Act. ``(4) Maternity care health professional target area.--The term `maternity care health professional target area' has the meaning described in section 332(k)(2). ``(d) Report to Congress.--Not later than September 30, 2025, the Secretary shall submit to Congress a report on activities supported by grants awarded under this section, including-- ``(1) a description of activities conducted pursuant to paragraphs (1) through (6) of subsection (b); and ``(2) an analysis of the effects of rural obstetric networks on improving maternal and infant health outcomes. ``(e) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section $3,000,000 for each of fiscal years 2022 through 2026.''. SEC. 4. TELEHEALTH NETWORK AND TELEHEALTH RESOURCE CENTERS GRANT PROGRAMS. Section 330I of the Public Health Service Act (42 U.S.C. 254c-14) is amended-- (1) in subsection (f)(3), by adding at the end the following: ``(M) Providers of prenatal, labor care, birthing, and postpartum care services, including hospitals that operate obstetric care units.''; and (2) in subsection (h)(1)(B), by striking ``or prenatal care for high-risk pregnancies'' and inserting ``prenatal care, labor care, birthing care, or postpartum care''. SEC. 5. RURAL MATERNAL AND OBSTETRIC CARE TRAINING DEMONSTRATION. Subpart 1 of part E of title VII of the Public Health Service Act (42 U.S.C. 294n et seq.) is amended by adding at the end the following: ``SEC. 764. RURAL MATERNAL AND OBSTETRIC CARE TRAINING DEMONSTRATION. ``(a) In General.--The Secretary shall award grants to accredited schools of allopathic medicine, osteopathic medicine, and nursing, and other appropriate health professional training programs, to establish a training demonstration program to support-- ``(1) training for physicians, medical residents, fellows, nurse practitioners, physician assistants, nurses, certified nurse midwives, relevant home visiting workforce professionals and paraprofessionals, or other professionals who meet relevant State training and licensing requirements, as applicable, to reduce preventable maternal mortality and severe maternal morbidity by improving prenatal care, labor care, birthing, and postpartum care in rural community-based settings; and ``(2) developing recommendations for such training programs. ``(b) Application.--To be eligible to receive a grant under subsection (a), an entity shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. ``(c) Activities.-- ``(1) Training for health care professionals.-- A recipient of a grant under subsection (a)-- ``(A) shall use the grant funds to plan, develop, and operate a training program to provide prenatal care, labor care, birthing, and postpartum care in rural areas; and ``(B) may use the grant funds to provide additional support for the administration of the program or to meet the costs of projects to establish, maintain, or improve faculty development, or departments, divisions, or other units necessary to implement such training. ``(2) Training program requirements.--The recipient of a grant under subsection (a) shall ensure that training programs carried out under the grant are evidence-based and address improving prenatal care, labor care, birthing, and postpartum care in rural areas, and such programs may include training on topics such as-- ``(A) maternal mental health, including perinatal depression and anxiety; ``(B) substance use disorders; ``(C) social determinants of health that affect individuals living in rural areas; and ``(D) improving the provision of prenatal care, labor care, birthing, and postpartum care for racial and ethnic minority populations, including with respect to perceptions and biases that may affect the approach to, and provision of, care. ``(d) Evaluation and Report.-- ``(1) Evaluation.-- ``(A) In general.--The Secretary shall evaluate the outcomes of the demonstration program under this section. ``(B) Data submission.--Recipients of a grant under subsection (a) shall submit to the Secretary performance metrics and other related data in order to evaluate the program for the report described in paragraph (2). ``(2) Report to congress.--Not later than January 1, 2025, the Secretary shall submit to Congress a report that includes-- ``(A) an analysis of the effects of the demonstration program under this section on the quality, quantity, and distribution of maternal health care services, including prenatal care, labor care, birthing, and postpartum care services, and the demographics of the recipients of those services; ``(B) an analysis of maternal and infant health outcomes (including quality of care, morbidity, and mortality) before and after implementation of the program in the communities served by entities participating in the demonstration; and ``(C) recommendations on whether the demonstration program should be continued. ``(e) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section $5,000,000 for each of fiscal years 2022 through 2026.''. Calendar No. 70 117th CONGRESS 1st Session S. 1491 _______________________________________________________________________

Rural MOMS Act

A bill to amend the Public Health Service Act to improve obstetric care in rural areas.

Rural MOMS Act Rural Maternal and Obstetric Modernization of Services Act Rural MOMS Act Rural Maternal and Obstetric Modernization of Services Act

Sen. Smith, Tina

D

MN

S.3708

Foreign Trade and International Finance

Trading System Preservation Act This bill authorizes the President to enter into covered plurilateral trade agreements. Covered plurilateral trade agreement refers to a sector-specific agreement within the framework of the World Trade Organization (WTO) involving foreign countries or foreign territories that form a subset of the members of the WTO that does not extend benefits on a most-favored-nation basis. Specifically, the bill requires the U.S. Trade Representative to provide a classified briefing to specified congressional committees on the feasibility and advisability of pursuing and adopting covered plurilateral trade agreements. After the congressional briefing, the bill directs the President to initiate negotiations for a covered plurilateral trade agreement when the President determines it is in the national interest to do so. The bill authorizes the President to enter into these agreements in specified sectors of the economy (e.g., digital services and pharmaceuticals), with such authority expiring on July 1, 2027. Further, the President may proclaim a modification or continuance of any existing duty or continuance of existing excise or duty-free treatment to carry out an agreement.

To provide the President with authority to enter into certain plurilateral trade agreements with benefits only applying to signatories of those agreements, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Trading System Preservation Act''. SEC. 2. FINDINGS; SENSE OF CONGRESS. (a) Findings.--Congress makes the following findings: (1) The World Trade Organization (in this section referred to as the ``WTO'') was established to be a forum for multilateral trade negotiations between member countries. (2) Scant negotiating progress has been made at the WTO since its creation in 1995, including through the failed Doha Round, which was initiated 20 years before the date of the enactment of this Act. (3) The inability to reach negotiated outcomes at the WTO has pushed the multilateral trading system to the brink of irrelevance and created incentives for members of the WTO to pursue their trade policy objectives through litigation rather than negotiation. (4) That lack of negotiating progress can be generally attributed to a small minority of WTO members that, for a variety of reasons, have exercised an effective veto over negotiations, effectively prohibiting agreement on new rules to discipline discriminatory practices. (5) Most favored nation (in this section referred to as ``MFN'') obligations, strictly defined, which appear to generally require equal treatment of all WTO members, make it difficult to achieve high-quality plurilateral agreements because of concerns about free ridership by WTO members who are not party to those agreements. (b) Sense of Congress.--It is the sense of Congress that-- (1) the WTO system affords a variety of flexibilities for WTO members to negotiate and conclude plurilateral agreements without extending the benefits negotiated therein to the entire membership of the WTO on an MFN basis; (2) to reinvigorate the multilateral trading system and advance its trade interests, the United States should exercise its rights to negotiate new sectoral trade agreements with other interested WTO members on a plurilateral basis; (3) to facilitate those negotiations, enable a high level of ambition, and avoid lowest common denominator outcomes, any new benefits negotiated under those new agreements should be limited to the participants and not extended to the entire membership of the WTO; and (4) pursuing plurilateral agreements that are not subject to unconditional MFN will enable the United States to work with like-minded countries within the framework of the WTO to develop new rules to discipline discriminatory, trade distorting, and non-market practices, restore the relevance of the multilateral trading system, and expand trade to the benefit of the citizens of the United States. SEC. 3. BRIEFING ON PLURILATERAL AGREEMENTS WITH BENEFITS APPLYING ONLY TO SIGNATORIES OF THOSE AGREEMENTS. (a) In General.--Not later than 120 days after the date of the enactment of this Act, the United States Trade Representative shall provide to the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives a classified briefing on the feasibility and advisability of pursuing and adopting covered plurilateral trade agreements. (b) Elements.--The briefing required under subsection (a) shall include a discussion of the opportunities, obstacles, feasibility, and advisability of negotiating and adopting covered plurilateral trade agreements. (c) Definitions.--In this section: (1) Covered plurilateral trade agreement.--The term ``covered plurilateral trade agreement'' means a sector- specific agreement within the framework of the World Trade Organization involving foreign countries or foreign territories that form a subset of the members of the World Trade Organization that does not extend benefits on a most favored nation basis. (2) Most favored nation.--The term ``most favored nation'', with respect to requirements relating to a trade agreement, means requirements under the World Trade Organization for nondiscriminatory trade treatment among all parties to the agreement. SEC. 4. NEGOTIATING AND TRADE AGREEMENTS AUTHORITY FOR CERTAIN PLURILATERAL AGREEMENTS WITH BENEFITS APPLYING ONLY TO SIGNATORIES OF THOSE AGREEMENTS. (a) Initiation of Negotiations.-- (1) In general.--In order to enhance the economic well- being of the United States, the President shall initiate negotiations for a covered plurilateral trade agreement under this section when the President determines that it is in the national interest to do so. (2) Limitation.--The President may not initiate negotiations for a covered plurilateral trade agreement under this section until the date on which the United States Trade Representative provides the briefing required by section 3(a). (b) Authority for Agreements.-- (1) In general.--To strengthen the economic competitiveness of the United States by improving trade relations with countries similarly interested, the President may enter into covered plurilateral trade agreements in a sector of the economy specified in subsection (d). (2) Termination of authority.--The authority under paragraph (1) terminates on July 1, 2027. (c) Modifications Permitted.-- (1) In general.--Subject to paragraph (2), the President may proclaim such modification or continuance of any existing duty or continuance of existing duty-free or excise treatment as the President determines to be required or appropriate to carry out an agreement entered into under subsection (b). (2) Limitation.--Substantial modifications to, or substantial additional provisions of, an agreement entered into after July 1, 2027, are not covered by the authority under paragraph (1). (d) Sectors of the Economy Specified.--A sector of the economy specified in this subsection is any of the following sectors: (1) E-commerce and digital services. (2) Pharmaceuticals and medical countermeasures. (3) Environmental goods. (4) Services. (5) Any sector that is subject to substantial interference by a foreign government, including through excessive subsidies or state-owned enterprises. (e) Consultation With and Notification to Congress.--The President shall consult with Congress regarding, and notify Congress of, the intention of the President to enter into an agreement under subsection (b) or to make a proclamation under subsection (c). (f) Participating Countries.-- (1) In general.--Subject to paragraph (2), the President may determine which foreign countries or foreign territories to negotiate with toward an agreement under this section and, after the implementation of any such agreement, the President may, as conditions warrant, identify and engage in negotiations with additional countries or territories that wish to accede to the agreement. (2) Non-market economy country.-- (A) In general.--The President may not negotiate an agreement under this section with a foreign country or foreign territory determined to be a non-market economy country pursuant to section 771(18) of the Tariff Act of 1930 (19 U.S.C. 1677(18)). (B) After entry into force.--A foreign country or foreign territory described in subparagraph (A) may accede to a completed agreement negotiated pursuant to this section after entry into force of the agreement if a joint resolution is first enacted approving the accession of that country to the agreement. (g) Bills Qualifying for Trade Authorities Procedures.-- (1) Implementing bills.-- (A) In general.--The provisions of section 151 of the Trade Act of 1974 (19 U.S.C. 2191) apply to a bill of either House of Congress which contains provisions described in subparagraph (B) to the same extent as such section 151 applies to implementing bills under that section. A bill to which this paragraph applies shall hereafter in this section be referred to as an ``implementing bill''. (B) Provisions specified.--The provisions described in this subparagraph are-- (i) a provision approving a trade agreement entered into under this section and approving the statement of administrative action, if any, proposed to implement such trade agreement; and (ii) if changes in existing laws or new statutory authority are required to implement such trade agreement or agreements, only such provisions as are strictly necessary or appropriate to implement such trade agreement or agreements, either repealing or amending existing laws or providing new statutory authority. (2) Deadline for submission of bill.--The procedures under paragraph (1) apply to implementing bills submitted with respect to trade agreements entered into under this section before July 1, 2027. (h) Relationship to Bipartisan Congressional Trade Priorities and Accountability Act of 2015.--An agreement under this section shall not enter into force with respect to the United States and an implementing bill shall not qualify for trade authorities procedures under subsection (g), including an agreement that does not require changes to United States law or an implementing bill in connection therewith, unless the following requirements under the Bipartisan Congressional Trade Priorities and Accountability Act of 2015 (19 U.S.C. 4201 et seq.) are carried out with respect to that agreement or implementing bill to the same extent as would be required of an agreement entered into under section 103(b) of that Act (19 U.S.C. 4202(b)), notwithstanding the expiration of authority to enter into an agreement under such section 103(b): (1) The trade negotiating objectives under section 102 of that Act (19 U.S.C. 4201). (2) The congressional oversight and consultation requirements under section 104 of that Act (19 U.S.C. 4203). (3) The notification, consultation, and reporting requirements under section 105 of that Act (19 U.S.C. 4204). (4) The implementation procedures under section 106 of that Act (19 U.S.C. 4205). (i) Definitions.--In this section: (1) Covered plurilateral trade agreement.--The term ``covered plurilateral trade agreement'' means a sector- specific agreement within the framework of the World Trade Organization involving foreign countries or foreign territories that form a subset of the members of the World Trade Organization that does not extend benefits on a most favored nation basis. (2) Most favored nation.--The term ``most favored nation'', with respect to requirements relating to a trade agreement, means requirements under the World Trade Organization for nondiscriminatory trade treatment among all parties to the agreement. <all>

Trading System Preservation Act

A bill to provide the President with authority to enter into certain plurilateral trade agreements with benefits only applying to signatories of those agreements, and for other purposes.

Trading System Preservation Act

Sen. Portman, Rob

R

OH

S.3165

Government Operations and Politics

Zeroing Out Money for Buying Influence after Elections (ZOMBIE) Act This bill establishes certain requirements for disbursing unused funds after a federal election. The bill also requires former candidates serving as registered lobbyists or foreign agents to comply with disbursement requirements. Specifically, the bill requires each authorized committee or leadership political action committee (PAC) of a candidate to disburse all unused funds within a specified time period beginning after an election or before the candidate registers as a lobbyist or foreign agent, unless the candidate files to run for office again before the disbursement period begins. A committee or PAC disbursing unspent funds shall first pay any obligations incurred. If funds are left over, the committee or PAC may only disburse the remaining funds for the following purposes: (1) returning funds to donors; and (2) making contributions to nonprofit organizations. The bill generally prohibits disbursements to relatives of the candidate or certain nonprofit organizations related to the candidate. A former candidate must, in order to register as a lobbyist or foreign agent, comply with the disbursement requirements outlined by this bill.

To amend the Federal Election Campaign Act of 1971 to require each authorized committee or leadership PAC of a former candidate for election for Federal office to disburse all of the remaining funds of the committee or PAC after the election, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Zeroing Out Money for Buying Influence after Elections (ZOMBIE) Act''. SEC. 2. REQUIRING AUTHORIZED COMMITTEES OF CANDIDATES TO DISBURSE UNEXPENDED FUNDS. (a) Requiring Disbursement.--Title III of the Federal Election Campaign Act of 1971 (52 U.S.C. 30101 et seq.) is amended by inserting after section 303 the following new section: ``SEC. 303A. DISBURSEMENT OF REMAINING UNEXPENDED FUNDS. ``(a) Requiring Disbursement.-- ``(1) In general.--Each authorized committee or leadership PAC of a candidate shall, in accordance with subsection (b), disburse all funds of the authorized committee or leadership PAC before the earliest of-- ``(A) the last day of the applicable disbursement period; ``(B) the date on which the candidate first makes a lobbying contact or is employed or retained to make a lobbying contact that would require registration under section 4 of the Lobbying Disclosure Act of 1995 (2 U.S.C. 1603); or ``(C) the date on which the candidate becomes an agent of a foreign principal that would require registration under section 2 of the Foreign Agents Registration Act of 1938, as amended (22 U.S.C. 612). ``(2) Exception for candidates in next election.--Paragraph (1) does not apply to the authorized committee or leadership PAC of a candidate who, prior to the first day of the applicable disbursement period, provides the appropriate State election official with the information and fees (if any) required under State law for the individual to qualify as a candidate for the next election for the office sought by the candidate or the next election for another Federal office. ``(3) Applicable disbursement period.--In this subsection, the `applicable disbursement period' is, with respect to a candidate seeking election for an office, the 6-month period which begins on the day after the latest date on which an individual may provide the appropriate State election official with the information and fees (if any) required under State law for the individual to qualify as a candidate for the next election for such office. In the case of a candidate for Senate, the office sought shall be the Senate office in the class that ends with the term of the office for which such candidate is seeking. ``(b) Rules for Disbursement of Funds.--Any funds to which subsection (a) applies that are disbursed on or after the first day of the applicable disbursement period shall be disbursed as follows: ``(1) Payment of obligations.--An authorized committee or leadership PAC shall first pay obligations incurred in connection with the operation of the committee. ``(2) Other permitted disbursements.--Notwithstanding section 313(a), if, after disbursing all of the funds necessary to pay obligations under paragraph (1), funds of a committee or PAC remain unexpended, the committee or PAC may only disburse such remaining funds for the following purposes: ``(A) To return to any person a contribution the person made to the committee or PAC. ``(B) Except as provided in paragraph (3)(A), to make a contribution to an organization described in section 170(c) of the Internal Revenue Code of 1986. ``(3) Prohibitions.--In disbursing funds pursuant to the requirements of this section, an authorized committee or leadership PAC may not disburse funds during the applicable disbursement period to any of the following: ``(A) Any organization described in section 170(c) (other than an organization described in paragraph (1) thereof) if-- ``(i) the organization was established by the candidate; ``(ii) the organization bears the candidate's name; or ``(iii) the candidate or a relative of the candidate-- ``(I) is employed by such organization; ``(II) is an officer of such organization; or ``(III) performs services (whether paid or unpaid) on behalf of such organization. ``(B) Any relative of the candidate unless the funds are disbursed to pay an obligation of the committee as described in paragraph (1) which is reported by the committee or PAC as a disbursement under section 304(b)(5) or which would be so reported if the amount of the disbursement were in excess of $200. ``(c) Definitions.--In this section: ``(1) Leadership pac.--The term `leadership PAC' has the meaning given such term in section 304(i)(8)(B). ``(2) Relative.--The term `relative' means, with respect to a candidate, an individual who is related to the candidate as father, mother, son, daughter, brother, sister, uncle, aunt, first cousin, nephew, niece, husband, wife, father-in-law, mother-in-law, son-in-law, daughter-in-law, brother-in-law, sister-in-law, stepfather, stepmother, stepson, stepdaughter, stepbrother, stepsister, half brother, or half sister.''. (b) Conforming Amendment Relating to Permitted Uses of Contributions.--Section 313(a) of such Act (52 U.S.C. 30114(a)) is amended by striking ``A contribution'' and inserting ``Subject to section 303A, a contribution''. (c) Effective Date.--The amendments made by this section shall apply with respect to the regularly scheduled general election for Federal office held in November 2022 and each succeeding election for Federal office. SEC. 3. REQUIRING FORMER CANDIDATES SERVING AS REGISTERED LOBBYISTS TO CERTIFY COMPLIANCE WITH DISBURSEMENT REQUIREMENTS. (a) Certification of Compliance.--Section 4(b) of the Lobbying Disclosure Act of 1995 (2 U.S.C. 1603(b)) is amended-- (1) in paragraph (6), by striking ``and'' at the end; (2) in paragraph (7), by striking the period at the end and inserting ``; and''; and (3) by inserting after paragraph (7) the following: ``(8) in the case of an individual who was a candidate for election for Federal office, a certification (under penalty of perjury) that each authorized committee and leadership PAC (as defined in section 304(i)(8)(B) of the Federal Election Campaign Act of 1971) of the individual is in compliance with section 303A of the Federal Election Campaign Act of 1971 (relating to the disbursement of funds of the committee or leadership PAC which remain unexpended after the date of the election).''. (b) Effective Date.--The amendment made by subsection (a) shall apply with respect to registration statements filed under section 4(a) of the Lobbying Disclosure Act on or after the date of the regularly scheduled general election for Federal office held in November 2022. SEC. 4. REQUIRING FORMER CANDIDATES SERVING AS FOREIGN AGENTS TO CERTIFY COMPLIANCE WITH DISBURSEMENT REQUIREMENTS. (a) Certification of Compliance.--Section 2(a) of the Foreign Agents Registration Act of 1938, as amended (22 U.S.C. 612(a)) is amended by adding at the end the following: ``(12) In the case of an individual who was a candidate for election for Federal office, a certification (under penalty of perjury) that each authorized committee and leadership PAC (as defined in section 304(i)(8)(B) of the Federal Election Campaign Act of 1971) of the individual is in compliance with section 303A of the Federal Election Campaign Act of 1971 (relating to the disbursement of funds of the committee or leadership PAC which remain unexpended after the date of the election).''. (b) Effective Date.--The amendment made by subsection (a) shall apply with respect to registration statements filed under section 2 of the Foreign Agents Registration Act of 1938, as amended on or after the date of the regularly scheduled general election for Federal office held in November 2022. <all>

Zeroing Out Money for Buying Influence after Elections (ZOMBIE) Act

A bill to amend the Federal Election Campaign Act of 1971 to require each authorized committee or leadership PAC of a former candidate for election for Federal office to disburse all of the remaining funds of the committee or PAC after the election, and for other purposes.

Zeroing Out Money for Buying Influence after Elections (ZOMBIE) Act

Sen. Bennet, Michael F.

D

CO

S.4449

Health

Saving Access to Laboratory Services Act This bill modifies provisions relating to Medicare payment rates for clinical diagnostic laboratory services, including by requiring payment rates for certain widely available clinical diagnostic laboratory tests to be based on a statistical sampling of private sector rates.

To amend title XVIII of the Social Security Act to improve the accuracy of market-based Medicare payment for clinical diagnostic laboratory services, to reduce administrative burdens in the collection of data, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Saving Access to Laboratory Services Act''. SEC. 2. MODIFICATION OF REQUIREMENTS FOR MEDICARE CLINICAL DIAGNOSTIC LABORATORY TESTS. (a) Use of Statistical Sampling for Widely Available Clinical Diagnostic Laboratory Tests.-- (1) In general.--Section 1834A(a)(1) of the Social Security Act (42 U.S.C. 1395m-1(a)(1)) is amended-- (A) in subparagraph (A), by striking ``Subject to subparagraph (B)'' and inserting ``Subject to subparagraphs (B) and (C)''; and (B) by adding at the end the following new subparagraph: ``(C) Use of statistical sampling for widely available clinical diagnostic laboratory tests.-- ``(i) In general.--Subject to clause (ii), with respect to data collection periods for reporting periods beginning on or after January 1, 2026, in the case of a widely available clinical diagnostic laboratory test (as defined in clause (iii)), in lieu of requiring the reporting of applicable information from each applicable laboratory, the Secretary shall require the collection and reporting of applicable information from a statistically valid sample of applicable laboratories for each such widely available clinical diagnostic laboratory test. ``(ii) Requirements for statistical sampling.-- ``(I) In general.--The Secretary, in consultation with stakeholders, shall develop a methodology for a statistically valid sample under clause (i), using the maximal brewer selection method, as described in the June 2021 Medicare Payment Access Commission Report to the Congress, to establish the payment amount for a widely available clinical diagnostic laboratory test under paragraph (2) of subsection (b) for each applicable HCPCS code for a widely available clinical diagnostic laboratory test. ``(II) Representative sampling.-- The methodology under subclause (I) for a statistically valid sample under clause (i) shall, for each applicable HCPCS code for a widely available clinical diagnostic laboratory test-- ``(aa) provide for a sample that allows for the payment amounts established under paragraph (2) of subsection (b) for such a test to be representative of rates paid by private payors to applicable laboratories receiving payment under this section, including independent laboratories, hospital laboratories, hospital outreach laboratories, and physician office laboratories that furnish the widely available clinical diagnostic laboratory test; ``(bb) include applicable information (as defined in paragraph (3)) with respect to such widely available clinical diagnostic laboratory test from such different types of applicable laboratories; and ``(cc) be of sufficient size to accurately and proportionally represent the range of private payor payment rates received by each such type of applicable laboratory weighted according to the utilization rates of each type of applicable laboratory for the widely available clinical diagnostic laboratory test during the first 6 months of the calendar year immediately preceding the data collection period applicable to the sample to be collected. ``(III) Least burdensome data collection and reporting processes.-- The methodology developed by the Secretary shall be designed to reduce administrative burdens of data collection and reporting on applicable laboratories and the Centers for Medicare & Medicaid Services to the greatest extent practicable. ``(IV) Publication of list of widely available clinical diagnostic laboratory tests and notification to applicable laboratories required to report applicable information.--Not later than September 30 of the year immediately preceding each data collection period (as defined in paragraph (4)), the Secretary shall publish in the Federal Register a list of widely available clinical diagnostic laboratory tests and shall directly notify applicable laboratories required to report applicable information under this subsection. ``(iii) Definition of widely available clinical diagnostic laboratory test.--In this subparagraph, the term `widely available clinical diagnostic laboratory test' means a clinical diagnostic laboratory test that meets both of the following criteria during the first 6 months of the calendar year immediately preceding the data collection period applicable to the sample to be collected: ``(I) Payment rate.--The payment amount determined for the clinical diagnostic laboratory test under this section is less than $1,000 per test. ``(II) Number of laboratories performing the test.--The number of applicable laboratories receiving payments under this section for the clinical diagnostic laboratory test (as determined by the Secretary using the national provider identifier of the provider of services or supplier on the claim submitted for payment under this part for such test) exceeds 100.''. (2) Delays to revised reporting periods and reporting period frequency.-- (A) In general.--Section 1834A(a)(1)(B) of the Social Security Act (42 U.S.C. 1395m-1(a)(1)(B)) is amended-- (i) in clause (i), by striking ``December 31, 2022'' and inserting ``December 31, 2024''; (ii) in clause (ii), by striking ``beginning January 1, 2023, and ending March 31, 2023'' and inserting ``beginning January 1, 2026, and ending March 31, 2026''; and (iii) in clause (iii) by striking ``every three years'' and inserting ``every four years''. (B) Conforming change to definition of data collection period.--Section 1834A(a)(4)(B) of the Social Security Act (42 U.S.C. 1395m-1(a)(4)(B)) is amended by striking ``January 1, 2019, and ending June 30, 2019'' and inserting ``January 1, 2025, and ending June 30, 2025''. (b) Elimination of Majority of Medicare Revenues Test.--The first sentence of section 1834A(a)(2) of the Social Security Act (42 U.S.C. 1395m-1(a)(2)) is amended by striking ``In this section'' and all that follows through the period and inserting the following: ``Notwithstanding determinations of applicable laboratories made prior to January 1, 2024, the term `applicable laboratory' means a laboratory that receives at least $12,500 in payments under this section during the first 6 months of the calendar year immediately preceding the applicable data collection period.''. (c) Modifications to Applicable Information Reported.-- (1) Medicaid managed care rates.--Section 1834A(a)(8)(C) of the Social Security Act (42 U.S.C. 1395m-1(a)(8)(C)) is amended by striking ``A medicaid managed care organization'' and inserting ``With respect to data collection periods for reporting periods beginning before January 1, 2026, a medicaid managed care organization (as defined in section 1903(m))''. (2) Authority to exclude manual remittances.--Section 1834A(a)(3) of the Social Security Act (42 U.S.C. 1395m- 1(a)(3)) is amended-- (A) in subparagraph (A), by striking ``subject to subparagraph (B),'' and inserting ``subject to subparagraphs (B) and (C)''; and (B) by adding at the end the following new subparagraph: ``(C) Exclusion of manual remittances.--An applicable laboratory for which less than 10 percent of its total paid claims during a data collection period are paid by private payors by means other than an electronic standard transaction (as defined in section 162.103 of title 45, Code of Federal Regulations (or any successor regulation)) may exclude from the definition of applicable information under this paragraph payments made by private payors that are not made through an electronic standard transaction.''. (d) Modification to Limits on Payment Reductions; Imposition of Annual Cap on Payment Increases.-- (1) Payment reduction limits.--Section 1834A(b)(3) of the Social Security Act (42 U.S.C. 1395m-1(b)(3)) is amended-- (A) in subparagraph (A), by striking ``for each of 2017 through 2025'' and inserting ``for 2017 and each succeeding year''; and (B) in subparagraph (B)-- (i) in clause (ii), by striking ``and'' at the end; and (ii) by striking clause (iii) and inserting the following: ``(iii) for 2023, 0 percent; ``(iv) for 2024, 2.5 percent; and ``(v) for 2025 and each subsequent year, 5 percent.''. (2) Annual cap on payment rate increases.--Section 1834A(b)(3) of the Social Security Act (42 U.S.C. 1395m- 1(b)(3)), as amended by paragraph (1), is amended-- (A) in subparagraph (A)-- (i) by striking ``test for 2017 and each succeeding year--'' and inserting ``test-- ``(i) for 2017 and each succeeding year''; (ii) in clause (i), as added by clause (i) of this subparagraph, by striking the period and inserting ``; and''; and (iii) by adding at the end the following new clause: ``(ii) for 2023 and each succeeding year, shall not result in an increase in payments for a clinical diagnostic laboratory test for the year of greater than the applicable percent (as defined in subparagraph (D)) of the amount of payment for the test for the preceding year.''; (B) in subparagraph (B), in the matter preceding clause (i), by striking ``In this paragraph'' and inserting ``In clause (i) of subparagraph (A)''; and (C) by adding at the end the following new subparagraph: ``(D) Definition of applicable percent for purposes of annual cap on payment increases.--In clause (ii) of subparagraph (A), the term `applicable percent' means the following: ``(i) Widely available clinical diagnostic laboratory tests.--With respect to a widely available clinical diagnostic laboratory test-- ``(I) for 2023, 2.5 percent; ``(II) for 2024, 2.5 percent; ``(III) for 2025, 3.75 percent; ``(IV) for 2026, 3.75 percent; and ``(V) for 2027 and each subsequent year, 5 percent. ``(ii) Other clinical diagnostic laboratory tests.--With respect to a clinical diagnostic laboratory test not described in clause (i), 5 percent.''. (3) Conforming amendment.--Section 1834A(b)(3) of the Social Security Act (42 U.S.C. 1395m-1(b)(3)) is amended in the heading by striking ``reductions'' and inserting ``medicare payment changes''. (e) Regulations.--(1) Not later than December 31, 2023, the Secretary of Health and Human Services shall implement the amendments made by this section (other than subsection (d)) through notice and comment rulemaking. (2) The Secretary of Health and Human Services may implement the amendments made by subsection (d) through interim final rulemaking, program instruction, or otherwise. <all>

Saving Access to Laboratory Services Act

A bill to amend title XVIII of the Social Security Act to improve the accuracy of market-based Medicare payment for clinical diagnostic laboratory services, to reduce administrative burdens in the collection of data, and for other purposes.

Saving Access to Laboratory Services Act

Sen. Burr, Richard

R

NC

S.1281

Health

Plasma Donation Awareness Act This bill includes plasma donation within the scope of a public awareness campaign by the Department of Health and Human Services concerning the importance of the blood supply and the need for blood donations during the COVID-19 (i.e., coronavirus disease 2019) emergency.

To update the blood donation public awareness campaign of the Department of Health and Human Services to include public awareness on plasma donation. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Plasma Donation Awareness Act''. SEC. 2. IMPORTANCE OF THE BLOOD AND PLASMA SUPPLY. (a) In General.--Section 3226 of the CARES Act (Public Law 116-136) is amended-- (1) in the section heading, by inserting ``and plasma'' after ``blood''; and (2) by inserting ``and plasma'' after ``blood'' each time such term appears. (b) Conforming Amendment.--The item relating to section 3226 in the table of contents in section 2 of the CARES Act (Public Law 116-136) is amended to read as follows: ``Sec. 3226. Importance of the blood and plasma supply.''. <all>

Plasma Donation Awareness Act

A bill to update the blood donation public awareness campaign of the Department of Health and Human Services to include public awareness on plasma donation.

Plasma Donation Awareness Act

Sen. Klobuchar, Amy

D

MN

H.R.5261

Health

Paws Off Act of 2021 This bill forbids the sale of food that contains xylitol unless the food's label contains a warning about the toxic effects of xylitol for dogs if ingested.

To amend the Federal Food, Drug, and Cosmetic Act to deem foods containing xylitol as misbranded unless the label or labeling of such foods contains a warning specifying the toxic effects of xylitol for dogs if ingested, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Paws Off Act of 2021''. SEC. 2. XYLITOL LABEL AND LABELING REQUIREMENTS. (a) In General.--Section 403 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 343) is amended by adding at the end the following: ``(z) If it is a food that contains xylitol, unless the label or labeling of such food contains a warning specifying the toxic effects of xylitol for dogs if ingested.''. (b) Rulemaking.-- (1) In general.--The Secretary of Health and Human Services, acting through the Commissioner of Food and Drugs, shall initiate a rulemaking to carry out the amendment made by subsection (a). (2) Interim rule.--Not later than six months after the date of enactment of this Act, the Secretary shall issue an interim final rule to carry out the amendment made by subsection (a). (3) Final rule.--Not later than one year after the date of enactment of this Act, the Secretary shall issue a final rule to carry out the amendment made by subsection (a). <all>

Paws Off Act of 2021

To amend the Federal Food, Drug, and Cosmetic Act to deem foods containing xylitol as misbranded unless the label or labeling of such foods contains a warning specifying the toxic effects of xylitol for dogs if ingested, and for other purposes.

Paws Off Act of 2021

Rep. Schweikert, David

R

AZ

S.2139

Crime and Law Enforcement

International Cybercrime Prevention Act This bill makes changes to the federal statutory framework commonly known as the Computer Fraud and Abuse Act, which criminalizes various categories of computer-related conduct by individuals who act without authority or in excess of authorization. The bill broadens the scope of prohibited conduct and expands federal enforcement authorities with respect to existing computer fraud and abuse offenses. The bill also creates a new, related criminal offenses for aggravated damage to a critical infrastructure computer and trafficking in botnets.

To amend title 18, United States Code, to prevent international cybercrime, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``International Cybercrime Prevention Act''. SEC. 2. PREDICATE OFFENSES. Part I of title 18, United States Code, is amended-- (1) in section 1956(c)(7)(D)-- (A) by striking ``or section 2339D'' and inserting ``section 2339D''; and (B) by striking ``of this title, section 46502'' and inserting ``, or section 2512 (relating to the manufacture, distribution, possession, and advertising of wire, oral, or electronic communication intercepting devices) of this title, section 46502''; and (2) in section 1961(1), by inserting ``section 1030 (relating to fraud and related activity in connection with computers) if the act indictable under section 1030 is felonious,'' before ``section 1084''. SEC. 3. FORFEITURE. (a) In General.--Section 2513 of title 18, United States Code, is amended to read as follows: ``Sec. 2513. Confiscation of wire, oral, or electronic communication intercepting devices and other property ``(a) Criminal Forfeiture.-- ``(1) In general.--The court, in imposing a sentence on any person convicted of a violation of section 2511 or 2512, or convicted of conspiracy to violate section 2511 or 2512, shall order, in addition to any other sentence imposed and irrespective of any provision of State law, that such person forfeit to the United States-- ``(A) such person's interest in any property, real or personal, that was used or intended to be used to commit or to facilitate the commission of such violation; and ``(B) any property, real or personal, constituting or derived from any gross proceeds, or any property traceable to such property, that such person obtained or retained directly or indirectly as a result of such violation. ``(2) Forfeiture procedures.--Pursuant to section 2461(c) of title 28, the provisions of section 413 of the Controlled Substances Act (21 U.S.C. 853), other than subsection (d) thereof, shall apply to criminal forfeitures under this subsection. ``(b) Civil Forfeiture.-- ``(1) In general.--The following shall be subject to forfeiture to the United States in accordance with provisions of chapter 46, and no property right shall exist in them: ``(A) Any property, real or personal, used or intended to be used, in any manner, to commit, or facilitate the commission of a violation of section 2511 or 2512, or a conspiracy to violate section 2511 or 2512. ``(B) Any property, real or personal, constituting, or traceable to the gross proceeds taken, obtained, or retained in connection with or as a result of a violation of section 2511 or 2512, or a conspiracy to violate section 2511 or 2512. ``(2) Forfeiture procedures.--Seizures and forfeitures under this subsection shall be governed by the provisions of chapter 46, relating to civil forfeitures, except that such duties as are imposed on the Secretary of the Treasury under the customs laws described in section 981(d) shall be performed by such officers, agents, and other persons as may be designated for that purpose by the Secretary of Homeland Security or the Attorney General.''. (b) Technical and Conforming Amendment.--The table of sections for chapter 119 is amended by striking the item relating to section 2513 and inserting the following: ``2513. Confiscation of wire, oral, or electronic communication intercepting devices and other property.''. SEC. 4. SHUTTING DOWN BOTNETS. (a) Amendment.--Section 1345 of title 18, United States Code, is amended-- (1) in the heading, by inserting ``and abuse'' after ``fraud''; (2) in subsection (a)-- (A) in paragraph (1)-- (i) in subparagraph (B), by striking ``or'' at the end; (ii) in subparagraph (C), by inserting ``or'' after the semicolon; and (iii) by inserting after subparagraph (C) the following: ``(D) violating or about to violate section 1030(a)(5) of this title where such conduct has caused or would cause damage (as defined in section 1030) without authorization to 100 or more protected computers (as defined in section 1030) during any 1- year period, including by-- ``(i) impairing the availability or integrity of the protected computers without authorization; or ``(ii) installing or maintaining control over malicious software on the protected computers that, without authorization, has caused or would cause damage to the protected computers;''; and (B) in paragraph (2), in the matter preceding subparagraph (A), by inserting ``, a violation described in subsection (a)(1)(D),'' before ``or a Federal''; and (3) by adding at the end the following: ``(c) A restraining order, prohibition, or other action described in subsection (b), if issued in circumstances described in subsection (a)(1)(D), may, upon application of the Attorney General-- ``(1) specify that no cause of action shall lie in any court against a person for complying with the restraining order, prohibition, or other action; and ``(2) provide that the United States shall pay to such person a fee for reimbursement for such costs as are reasonably necessary and which have been directly incurred in complying with the restraining order, prohibition, or other action.''. (b) Technical and Conforming Amendment.--The table of sections for chapter 63 of title 18, United States Code, is amended by striking the item relating to section 1345 and inserting the following: ``1345. Injunctions against fraud and abuse.''. SEC. 5. AGGRAVATED DAMAGE TO A CRITICAL INFRASTRUCTURE COMPUTER. (a) In General.--Chapter 47 of title 18, United States Code, is amended by inserting after section 1030 the following: ``Sec. 1030A. Aggravated damage to a critical infrastructure computer ``(a) Offense.--It shall be unlawful, during and in relation to a felony violation of section 1030, to knowingly cause or attempt to cause damage to a critical infrastructure computer, if such damage results in (or, in the case of an attempted offense, would, if completed, have resulted in) the substantial impairment-- ``(1) of the operation of the critical infrastructure computer; or ``(2) of the critical infrastructure associated with such computer. ``(b) Penalty.--Any person who violates subsection (a) shall, in addition to the term of punishment provided for the felony violation of section 1030, be fined under this title, imprisoned for not more than 20 years, or both. ``(c) Consecutive Sentence.--Notwithstanding any other provision of law-- ``(1) a court shall not place any person convicted of a violation of this section on probation; ``(2) except as provided in paragraph (4), no term of imprisonment imposed on a person under this section shall run concurrently with any term of imprisonment imposed on the person under any other provision of law, including any term of imprisonment imposed for the felony violation of section 1030; ``(3) in determining any term of imprisonment to be imposed for the felony violation of section 1030, a court shall not in any way reduce the term to be imposed for such violation to compensate for, or otherwise take into account, any separate term of imprisonment imposed or to be imposed for a violation of this section; and ``(4) a term of imprisonment imposed on a person for a violation of this section may, in the discretion of the court, run concurrently, in whole or in part, only with another term of imprisonment that is imposed by the court at the same time on that person for an additional violation of this section, if such discretion shall be exercised in accordance with any applicable guidelines and policy statements issued by the United States Sentencing Commission pursuant to section 994 of title 28. ``(d) Definitions.--In this section-- ``(1) the terms `computer' and `damage' have the meanings given the terms in section 1030; and ``(2) the term `critical infrastructure' means systems and assets, whether physical or virtual, so vital to the United States that the incapacity or destruction of such systems and assets would have catastrophic regional or national effects on public health or safety, economic security, or national security, including voter registration databases, voting machines, and other communications systems that manage the election process or report and display results on behalf of State and local governments.''. (b) Table of Sections.--The table of sections for chapter 47 of title 18, United States Code, is amended by inserting after the item relating to section 1030 the following: ``1030A. Aggravated damage to a critical infrastructure computer.''. SEC. 6. STOPPING TRAFFICKING IN BOTNETS; FORFEITURE. Section 1030 of title 18, United States Code, is amended-- (1) in subsection (a)-- (A) in paragraph (7), by adding ``or'' at the end; and (B) by inserting after paragraph (7) the following: ``(8) intentionally traffics in the means of access to a protected computer, if-- ``(A) the trafficker knows or has reason to know the protected computer has been damaged in a manner prohibited by this section; and ``(B) the promise or agreement to pay for the means of access is made by, or on behalf of, a person the trafficker knows or has reason to know intends to use the means of access to-- ``(i) damage a protected computer in a manner prohibited by this section; or ``(ii) violate section 1037 or 1343;''; (2) in subsection (c)(3)-- (A) in subparagraph (A), by striking ``(a)(4) or (a)(7)'' and inserting ``(a)(4), (a)(7), or (a)(8)''; and (B) in subparagraph (B), by striking ``(a)(4), or (a)(7)'' and inserting ``(a)(4), (a)(7), or (a)(8)''; (3) in subsection (e)-- (A) in paragraph (13), by striking ``and'' at the end; (B) in paragraph (14), by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following: ``(15) the term `traffic', except as provided in subsection (a)(6), means transfer, or otherwise dispose of, to another as consideration for the receipt of, or as consideration for a promise or agreement to pay, anything of pecuniary value.''; (4) in subsection (g), in the first sentence, by inserting ``, except for a violation of subsection (a)(8),'' after ``of this section''; and (5) by striking subsections (i) and (j) and inserting the following: ``(i) Criminal Forfeiture.-- ``(1) In general.--The court, in imposing sentence on any person convicted of a violation of this section, or convicted of conspiracy to violate this section, shall order, in addition to any other sentence imposed and irrespective of any provision of State law, that such person forfeit to the United States-- ``(A) such person's interest in any property, real or personal, that was used or intended to be used to commit or to facilitate the commission of such violation; and ``(B) any property, real or personal, constituting or derived from any gross proceeds, or any property traceable to such property, that such person obtained, directly or indirectly, as a result of such violation. ``(2) Applicable provisions.--The criminal forfeiture of property under this subsection, including any seizure and disposition of the property, and any related judicial or administrative proceeding, shall be governed by the provisions of section 413 of the Controlled Substances Act (21 U.S.C. 853), except subsection (d) of that section. ``(j) Civil Forfeiture of Property Used in the Commission of an Offense.-- ``(1) In general.--Any personal property, including any Internet domain name or Internet Protocol address, that was used or intended to be used to commit or to facilitate the commission of any violation of this section, or a conspiracy to violate this section shall be subject to forfeiture to the United States, and no property right shall exist in such property. ``(2) Applicable provisions.--Seizures and forfeitures under this subsection shall be governed by the provisions of chapter 46 relating to civil forfeitures, except that such duties as are imposed on the Secretary of the Treasury under the customs laws described in section 981(d) shall be performed by such officers, agents, and other persons as may be designated for that purpose by the Secretary of Homeland Security or the Attorney General.''. <all>

International Cy­ber­crime Prevention Act

A bill to amend title 18, United States Code, to prevent international cybercrime, and for other purposes.

International Cy­ber­crime Prevention Act

Sen. Whitehouse, Sheldon

D

RI

S.1541

Science, Technology, Communications

Martha Wright-Reed Just and Reasonable Communications Act of 2022 This act requires the Federal Communications Commission (FCC) to ensure that rates and charges for payphone services or other calling devices, including advanced (e.g., audio or video) communications services in correctional institutions, are just and reasonable. When promulgating regulations or otherwise implementing this act, the FCC (1) may use industry-wide average costs related to providing telephone and advanced communications services, and (2) must consider costs for safety and security measures related to providing communications services in correctional facilities.

[117th Congress Public Law 338] [From the U.S. Government Publishing Office] [[Page 136 STAT. 6156]] Public Law 117-338 117th Congress An Act To amend the Communications Act of 1934 to require the Federal Communications Commission to ensure just and reasonable charges for telephone and advanced communications services in correctional and detention facilities. <<NOTE: Jan. 5, 2023 - [S. 1541]>> Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, <<NOTE: Martha Wright- Reed Just and Reasonable Communications Act of 2022.>> SECTION 1. <<NOTE: 47 USC 609 note.>> SHORT TITLE. This Act may be cited as the ``Martha Wright-Reed Just and Reasonable Communications Act of 2022''. SEC. 2. TECHNICAL AMENDMENTS. (a) In General.--Section 276 of the Communications Act of 1934 (47 U.S.C. 276) is amended-- (1) in subsection (b)(1)(A)-- (A) by striking ``per call''; (B) by inserting ``, and all rates and charges are just and reasonable,'' after ``fairly compensated''; (C) by striking ``each and every''; (D) by striking ``call using'' and inserting ``communications using''; and (E) by inserting ``or other calling device'' after ``payphone''; and (2) in subsection (d), by inserting ``and advanced communications services described in subparagraphs (A), (B), (D), and (E) of section 3(1)'' after ``inmate telephone service''. (b) Definition of Advanced Communications Services.--Section 3(1) of the Communications Act of 1934 (47 U.S.C. 153(1)) is amended-- (1) in subparagraph (C), by striking ``and'' at the end; (2) in subparagraph (D), by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following: ``(E) any audio or video communications service used by inmates for the purpose of communicating with individuals outside the correctional institution where the inmate is held, regardless of technology used.''. (c) Application of the Act.--Section 2(b) of the Communications Act of 1934 (47 U.S.C. 152(b)) is amended by inserting ``section 276,'' after ``sections 223 through 227, inclusive,''. SEC. 3. <<NOTE: 47 USC 152 note.>> IMPLEMENTATION. (a) Rulemaking. <<NOTE: Deadlines.>> --Not earlier than 18 months and not later than 24 months after the date of enactment of this Act, the Federal [[Page 136 STAT. 6157]] Communications Commission shall promulgate any regulations necessary to implement this Act and the amendments made by this Act. (b) Use of Data.--In implementing this Act and the amendments made by this Act, including by promulgating regulations under subsection (a) and determining just and reasonable rates, the Federal Communications Commission-- (1) may use industry-wide average costs of telephone service and advanced communications services and the average costs of service of a communications service provider; and (2) shall consider costs associated with any safety and security measures necessary to provide a service described in paragraph (1) and differences in the costs described in paragraph (1) by small, medium, or large facilities or other characteristics. SEC. 4. <<NOTE: 47 USC 152 note.>> EFFECT ON OTHER LAWS. Nothing in this Act shall be construed to modify or affect any Federal, State, or local law to require telephone service or advanced communications services at a State or local prison, jail, or detention facility or prohibit the implementation of any safety and security measures related to such services at such facilities. Approved January 5, 2023. LEGISLATIVE HISTORY--S. 1541: --------------------------------------------------------------------------- CONGRESSIONAL RECORD, Vol. 168 (2022): Dec. 21, considered and passed Senate. Dec. 22, considered and passed House. <all>

Martha Wright-Reed Just and Reasonable Communications Act of 2022

A bill to amend the Communications Act of 1934 to require the Federal Communications Commission to ensure just and reasonable charges for telephone and advanced communications services in correctional and detention facilities.

Martha Wright-Reed Just and Reasonable Communications Act of 2022 Martha Wright-Reed Just and Reasonable Communications Act of 2022 Martha Wright-Reed Just and Reasonable Communications Act of 2021

Sen. Duckworth, Tammy

D

IL

H.R.2928

Energy

Cyber Sense Act of 2021 This bill requires the Department of Energy to establish a voluntary Cyber Sense program to test the cybersecurity of products and technologies intended for use in the bulk-power system. The bulk-power system includes facilities and control systems necessary for operating an interconnected electric energy transmission network.

To require the Secretary of Energy to establish a voluntary Cyber Sense program to test the cybersecurity of products and technologies intended for use in the bulk-power system, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Cyber Sense Act of 2021''. SEC. 2. CYBER SENSE. (a) In General.--The Secretary of Energy, in coordination with relevant Federal agencies, shall establish a voluntary Cyber Sense program to test the cybersecurity of products and technologies intended for use in the bulk-power system, as defined in section 215(a) of the Federal Power Act (16 U.S.C. 824o(a)). (b) Program Requirements.--In carrying out subsection (a), the Secretary of Energy shall-- (1) establish a testing process under the Cyber Sense program to test the cybersecurity of products and technologies intended for use in the bulk-power system, including products relating to industrial control systems and operational technologies, such as supervisory control and data acquisition systems; (2) for products and technologies tested under the Cyber Sense program, establish and maintain cybersecurity vulnerability reporting processes and a related database; (3) provide technical assistance to electric utilities, product manufacturers, and other electricity sector stakeholders to develop solutions to mitigate identified cybersecurity vulnerabilities in products and technologies tested under the Cyber Sense program; (4) biennially review products and technologies tested under the Cyber Sense program for cybersecurity vulnerabilities and provide analysis with respect to how such products and technologies respond to and mitigate cyber threats; (5) develop guidance, that is informed by analysis and testing results under the Cyber Sense program, for electric utilities for procurement of products and technologies; (6) provide reasonable notice to the public, and solicit comments from the public, prior to establishing or revising the testing process under the Cyber Sense program; (7) oversee testing of products and technologies under the Cyber Sense program; and (8) consider incentives to encourage the use of analysis and results of testing under the Cyber Sense program in the design of products and technologies for use in the bulk-power system. (c) Disclosure of Information.--Any cybersecurity vulnerability reported pursuant to a process established under subsection (b)(2), the disclosure of which the Secretary of Energy reasonably foresees would cause harm to critical electric infrastructure (as defined in section 215A of the Federal Power Act), shall be deemed to be critical electric infrastructure information for purposes of section 215A(d) of the Federal Power Act. (d) Federal Government Liability.--Nothing in this section shall be construed to authorize the commencement of an action against the United States Government with respect to the testing of a product or technology under the Cyber Sense program. Passed the House of Representatives July 20, 2021. Attest: CHERYL L. JOHNSON, Clerk.

Cyber Sense Act of 2021

To require the Secretary of Energy to establish a voluntary Cyber Sense program to test the cybersecurity of products and technologies intended for use in the bulk-power system, and for other purposes.

Cyber Sense Act of 2021 Cyber Sense Act of 2021 Cyber Sense Act of 2021 Cyber Sense Act of 2021

Rep. Latta, Robert E.

R

OH

H.R.4769

Armed Forces and National Security

Onward to Opportunity Act This bill requires the Department of Defense to implement a pilot grant program at five military installations to provide enhanced support and funding to eligible entities to supplement the Transition Assistance Program (TAP) in providing job opportunities for industry-recognized certifications, job placement assistance, and related employment services to service members participating in TAP and their spouses.

To direct the Secretary of Defense to carry out a pilot program to supplement the transition assistance program of the Department of Defense. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Onward to Opportunity Act''. SEC. 2. PILOT GRANT PROGRAM TO SUPPLEMENT THE TRANSITION ASSISTANCE PROGRAM OF THE DEPARTMENT OF DEFENSE. (a) Establishment.--The Secretary of Defense, in consultation with the Secretary of Veterans Affairs, shall carry out a pilot grant program under which the Secretary of Defense provides enhanced support and funding to eligible entities to supplement TAP to provide job opportunities for industry recognized certifications, job placement assistance, and related employment services directly to covered individuals. (b) Services.--Under the pilot grant program, the Secretary of Defense shall provide grants to eligible entities to provide to covered individuals the following services: (1) Using an industry-validated screening tool, assessments of prior education, work history, and employment aspirations of covered individuals, to tailor appropriate and employment services. (2) Preparation for civilian employment through services like mock interviews and salary negotiations, training on professional networking platforms, and company research. (3) Several industry-specific learning pathways-- (A) with entry-level, mid-level and senior versions; (B) in fields such as project management, cybersecurity, and information technology; (C) in which each covered individual works with an academic advisor to choose a career pathway and navigate coursework during the training process; and (D) in which each covered individual can earn industry-recognized credentials and certifications, at no charge to the covered individual. (4) Job placement services. (c) Program Organization and Implementation Model.--The pilot grant program shall follow existing economic opportunity program models that combine industry-recognized certification training, furnished by professionals, with online learning staff. (d) Consultation.--In carrying out the program, the Secretary of Defense shall seek to consult with private entities to assess the best economic opportunity program models, including existing economic opportunity models furnished through public-private partnerships. (e) Eligibility.--To be eligible to receive a grant under the pilot grant program, an entity shall-- (1) follow a job training and placement model; (2) have rigorous program evaluation practices; (3) have established partnerships with entities (such as employers, governmental agencies, and non-profit entities) to provide services described in subsection (b); (4) have online training capability to reach rural veterans, reduce costs, and comply with new conditions forced by COVID-19; and (5) have a well-developed practice of program measurement and evaluation that evinces program performance and efficiency, with data that is high quality and shareable with partner entities. (f) Coordination With Federal Entities.--A grantee shall coordinate with Federal entities, including-- (1) the Office of Transition and Economic Development of the Department of Veterans Affairs; and (2) the Office of Veteran Employment and Transition Services of the Department of Labor. (g) Metrics and Evaluation.--Performance outcomes shall be verifiable using a third-party auditing method and include the following: (1) The number of covered individuals who receive and complete skills training. (2) The number of covered individuals who secure employment. (3) The retention rate for covered individuals described in paragraph (2). (4) Median salary of covered individuals described in paragraph (2). (h) Site Locations.--The Secretary of Defense shall select five military installations in the United States where existing models are successful. (i) Assessment of Possible Expansion.--A grantee shall assess the feasibility of expanding the current offering of virtual training and career placement services to members of the reserve components of the Armed Forces and covered individuals outside the United States. (j) Duration.--The pilot grant program shall terminate on September 30, 2025. (k) Report.--Not later than 180 days after the termination of the pilot grant program, the Secretary of Defense shall submit to the congressional defense committees a report that includes-- (1) a description of the pilot grant program, including a description of specific activities carried out under this section; and (2) the metrics and evaluations used to assess the effectiveness of the pilot grant program. (l) Definitions.--In this section: (1) The term ``covered individual'' means-- (A) a member of the Armed Forces participating in TAP; or (B) a spouse of a member described in subparagraph (A). (2) The term ``military installation'' has the meaning given such term in section 2801 of title 10, United States Code. (3) The term ``TAP'' means the transition assistance program of the Department of Defense under sections 1142 and 1144 of title 10, United States Code. <all>

Onward to Opportunity Act

To direct the Secretary of Defense to carry out a pilot program to supplement the transition assistance program of the Department of Defense.

Onward to Opportunity Act

Rep. Katko, John

R

NY

H.R.742

Health

Flexibility Through Lower Expenses Health Care Act or the FLEX Act This bill provides statutory authority for certain short-term, limited-duration health insurance plans and association health plans. The bill permits short-term, limited-duration plans to provide coverage for a period of less than 12 months, not including extensions. Under current law, such plans are exempt from certain market requirements of the Patient Protection and Affordable Care Act, such as coverage of individuals with preexisting conditions. The bill further permits groups or associations of employers to sponsor fully insured group health plans as if they were employers. Such plans may not discriminate based on the health factors of any prospective plan participant for the purpose of granting an employer's membership in the association or determining a participant's eligibility for benefits or premium amounts.

To require short-term limited duration insurance issuers to renew or continue in force such insurance coverage at the option of the enrollees, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Flexibility Through Lower Expenses Health Care Act'' or the ``FLEX Act''. SEC. 2. SHORT-TERM LIMITED DURATION INSURANCE DEFINED. (a) In General.--Section 2791(b) of the Public Health Service Act (42 U.S.C. 300gg-91(b)) is amended by adding at the end the following: ``(6) Short-term limited duration insurance.--The term `short-term limited duration insurance' means health insurance coverage provided pursuant to a contract with a health insurance issuer that has an expiration date specified in the contract (not taking into account any extensions that may be elected by the policyholder with or without the issuer's consent) that is less than 12 months after the original effective date of the contract.''. (b) Applicability.--The amendments made by this subsection shall apply with respect to contracts for short-term limited duration insurance that take effect on or after January 1, 2022. SEC. 3. DEFINITION OF ``EMPLOYER'' UNDER ERISA WITH RESPECT TO GROUP HEALTH PLANS. (a) Definition of Employer.--Section 3(5) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1002(5)) is amended by striking the period and inserting ``(which, with respect to a group health plan, shall be determined in accordance with criteria that includes the criteria under section 735).''. (b) Group Health Plans.-- (1) In general.--Part 7 of subtitle B of title I of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1181 et seq.) is amended by adding at the end the following: ``SEC. 735. DEFINITION OF `EMPLOYER' WITH RESPECT TO GROUP HEALTH PLANS. ``(a) In General.--A group or association of employers that meets the criteria under subsection (b) shall be considered an employer under section 3(5) for purposes of sponsoring a group health plan. ``(b) Requirements.--The requirements under this subsection are each of the following: ``(1) The primary purpose of the group or association may be to offer and provide health coverage to its employer members and their employees, if such group or association has at least 1 substantial business purpose, as described in subsection (c), unrelated to offering and providing health coverage or other employee benefits to its employer members and their employees. ``(2) Each employer member of the group or association participating in the group health plan is a person acting directly as an employer of at least 1 employee who is a participant covered under the plan. ``(3) The group or association has-- ``(A) a formal organizational structure with a governing body; and ``(B) by-laws or other similar indications of formality. ``(4) The functions and activities of the group or association shall be controlled by the employer members of the group or association, and the employer members of the group or association that participate in the group health plan shall control the plan. Control under this paragraph shall be in form and substance. ``(5) The employer members shall have a commonality of interest as described in subsection (d). ``(6)(A) The group or association shall not make health coverage through the group health plan available other than to-- ``(i) an employee of a current employer member of the group or association; ``(ii) a former employee of a current employer member of the group or association who became eligible for coverage under the group health plan when the former employee was an employee of the employer; and ``(iii) a beneficiary of an individual described in clause (i) or (ii), such as a spouse or dependent child. ``(B) Notwithstanding subparagraph (A), the group or association shall not make health coverage through the group health plan available to any individual (or beneficiaries of the individual) for any plan year following the plan year in which the plan determines pursuant to reasonable monitoring procedures described in subsection (f)(2)(C) that the individual ceases to meet the conditions described in subsection (f)(2) for being a working owner (unless the individual again meets those conditions), except as may be required by section 601. ``(7) The group or association, and any health coverage offered by the group or association, shall comply with the nondiscrimination provisions under subsection (e). ``(8) The group or association shall not be a health insurance issuer, or owned or controlled by such a health insurance issuer or by a subsidiary or affiliate of such a health insurance issuer, other than to the extent such entities participate in the group or association in their capacity as employer members of the group or association. ``(c) Substantial Business Purpose.-- ``(1) In general.--For purposes of subsection (b)(1), a substantial business purpose shall exist if the group or association would be a viable entity in the absence of sponsoring an employee benefit plan. ``(2) Business purpose.--For purposes of subsection (b)(1) and paragraph (1), a business purpose shall-- ``(A) include promoting common business interests of the members of the group or association or the common economic interests in a given trade or employer community; and ``(B) not be required to be a for-profit activity. ``(d) Commonality of Interest.-- ``(1) In general.--Subject to paragraph (3), employer members of the group or association shall be treated as having a commonality of interest for purposes of subsection (b)(5) if-- ``(A) the employers are in the same trade, industry, line of business, or profession; or ``(B) each employer has a principal place of business in the same region that does not exceed the boundaries of a single State or a metropolitan area (even if the metropolitan area includes more than 1 State). ``(2) Same trade, industry, or line of business.--In the case of a group or association that is sponsoring a group health plan under this section and that is itself an employer member of the group or association, the group or association shall be deemed for purposes of paragraph (1)(A) to be in the same trade, industry, line of business, or profession, as applicable, as the other employer members of the group or association. ``(3) Nondiscrimination.--The standards under paragraph (1) shall not be implemented in a manner that is subterfuge for discrimination as is prohibited under subsection (e). ``(e) Nondiscrimination.-- ``(1) In general.--A group or association of employers sponsoring a group health plan under this section, and any health coverage sponsored by such group or association, shall comply with each of the following: ``(A) The group or association shall not condition employer membership in the group or association on any health factor of any individual who is or may become eligible to participate in the group health plan sponsored by the group or association. ``(B) The group health plan sponsored by the group or association shall comply with the rules under section 2590.702(b) of title 29, Code of Federal Regulations (as in effect on June 21, 2018), with respect to nondiscrimination in rules for eligibility for benefits, subject to subparagraph (D). ``(C) The group health plan sponsored by the group or association shall comply with the rules under section 2590.702(c) of title 29, Code of Federal Regulations (as in effect on June 21, 2018), with respect to nondiscrimination in premiums or contributions required by any participant or beneficiary for coverage under the plan, subject to subparagraph (D). ``(D) In applying subparagraphs (B) and (C), the group or association may not treat the employees of different employer members of the group or association as distinct groups of similarly situated individuals based on a health factor of 1 or more individuals. ``(2) Definition of health factor.--For purposes of this subsection, the term `health factor' has the meaning given such term in section 2590.702(a) of title 29, Code of Federal Regulations (as in effect on June 21, 2018). ``(f) Dual Treatment of Working Owners as Employers and Employees.-- ``(1) In general.--A person determined in accordance with paragraph (2) to be a working owner of a trade or business may qualify as both an employer and as an employee of the trade or business for purposes of the requirements under subsection (b), including the requirements under paragraphs (2) and (6) of such subsection. ``(2) Working owner.-- ``(A) Eligibility.--A person shall qualify as a `working owner' if a responsible fiduciary of the group health plan reasonably determines that the person-- ``(i) does not have any common law employees; ``(ii) has an ownership right of any nature in a trade or business, whether incorporated or unincorporated, including a partner and other self-employed individual; ``(iii) is earning wages or self-employment income from the trade or business for providing personal services to the trade or business; and ``(iv) either-- ``(I) works on average at least 20 hours per week, or at least 80 hours per month, providing personal services to the person's trade or business; or ``(II) has wages or self-employment income from such trade or business that at least equals the person's cost of coverage for participation by the person, and any covered beneficiaries, in the group health plan sponsored by the group or association in which the person is participating. ``(B) Determination.--The determination under subparagraph (A) shall be made when the person first becomes eligible for coverage under the group health plan. ``(C) Reasonable monitoring procedures.--A responsible fiduciary of the group health plan shall, through reasonable monitoring procedures, periodically confirm the continued eligibility of a person to qualify as a working owner under subparagraph (A) for purposes of meeting the requirements under subsection (b) for the group health plan sponsored under this section. ``(g) Applicability.-- ``(1) Fully insured.--This section shall apply beginning on September 1, 2022, with respect to a group or association of employers sponsoring a group health plan that is fully insured. ``(2) Plans expanding to include broader group.--This section shall apply beginning on January 1, 2022, with respect to a group or association of employers sponsoring a group health plan that-- ``(A) is not fully insured; ``(B) was in existence on June 21, 2018; ``(C) meets the requirements that applied with respect to such plan before June 21, 2018; and ``(D) chooses to be a plan sponsored under this section (and subject to the requirements under subsections (b) through (f)). ``(3) Other association health plans.--This section shall apply beginning on April 1, 2022, with respect to any other group or association of employers sponsoring a group health plan. ``(4) Other criteria in advisory opinions.--The criteria under this section shall not invalidate any criteria provided in an advisory opinion, in effect on or after the date of enactment of the FLEX Act, that the Secretary may use to determine if a group or association of employers is an employer under section 3(5) for purposes of sponsoring a group health plan. ``(h) Determination of Employer or Joint Employer Status.-- ``(1) In general.--Participating in or facilitating a group health plan sponsored by a bona fide group or association of employers pursuant to subsection (a) shall not be construed as establishing an employer or joint employer relationship under any Federal or State law. ``(2) Application of provision.--Paragraph (1) shall apply to a group health plan sponsored or facilitated by a franchisor and any franchisee, by multiple franchisors for the benefit of the employees of such franchisors and their franchisees, by multiple franchisees for the benefit of the employees of such franchisees, by a franchisor whose franchisee or franchisees participate or participates in the plan, or by a person or entity that contracts with any individual as an independent contractor for whom the plan benefits. ``(i) Rule of Construction.--Nothing in this section shall be construed as repealing or otherwise limiting the application of this Act (including section 712 relating to mental health parity) to group health plans and employee welfare benefit plans.''. (2) Clerical amendment.--The table of contents in section 1 of the Employee Retirement Income Security Act of 1974 is amended by inserting after the item relating to section 734 the following new item: ``Sec. 735. Definition of `employer' with respect to group health plans.''. <all>

FLEX Act

To require short-term limited duration insurance issuers to renew or continue in force such insurance coverage at the option of the enrollees, and for other purposes.

FLEX Act Flexibility Through Lower Expenses Health Care Act

Rep. Budd, Ted

R

NC

H.R.155

Crime and Law Enforcement

Providing Officer Licensing to Increase Confidence for Everyone Act or the POLICE Act This bill establishes licensing requirements for law enforcement officers. The Department of Justice must issue licensing standards based on law enforcement best practices. Federal law enforcement officers must be licensed in accordance with such standards and take continuing education classes to maintain their license. States must have in effect a similar licensing system and continuing education program to receive a full allocation of funds under the Edward Byrne Memorial Justice Assistance Grant program.

To establish licensing standards for law enforcement, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Providing Officer Licensing to Increase Confidence for Everyone Act'' or the ``POLICE Act''. SEC. 2. LAW ENFORCEMENT LICENSING STANDARDS. (a) In General.--Not later than 1 year after the date of enactment of this Act, the Attorney General, in consultation with appropriate nongovernmental associations (such as the International Association of Directors of Law Enforcement Standards and Training and the Commission on Accreditation of Law Enforcement Agencies), shall issue licensing standards for law enforcement officers based on best practices for law enforcement. Such licensing standards shall be reviewed and, if necessary, modified every 5 years. (b) Federal Licensing.-- (1) In general.--Not later than 3 years after the date of enactment of this Act, each Federal law enforcement officer shall be licensed in accordance with the licensing standards issued pursuant to subsection (a). (2) Continuing education.--Each Federal law enforcement officer who has received a license under paragraph (1) shall take annual continuing education classes on such topics as the Attorney General may require to maintain the license for a year. (3) Federal law enforcement officer defined.--In this subsection, the term ``Federal law enforcement officer'' has the meaning given the term in section 115 of title 18, United States Code. (c) State Licensing.-- (1) In general.--Not later than 3 years after the date of enactment of this Act, a State shall-- (A) have in effect a licensing system under which each State and local law enforcement officer shall be licensed in accordance with the licensing standards issued pursuant to subsection (a); and (B) have in effect a continuing education program that is substantially similar to the program for Federal law enforcement officers under subsection (b)(2). (2) Byrne.--If a State fails to comply with the requirement under paragraph (1) for a fiscal year, the State shall be subject to a 50 percent reduction of the amount that would otherwise be awarded in the following fiscal year to that State under subpart 1 of part E of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10151 et seq.). (3) Reallocation.--Amounts not allocated to a State for failure to comply with this subsection shall be reallocated to States that have complied in accordance with subpart 1 of part E of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10151 et seq.). <all>

Providing Officer Licensing to Increase Confidence for Everyone Act

To establish licensing standards for law enforcement, and for other purposes.

POLICE Act Providing Officer Licensing to Increase Confidence for Everyone Act

Rep. Rush, Bobby L.

D

IL

H.R.6400

Health

Save America's Rural Hospitals Act This bill establishes and otherwise modifies payment requirements for rural health care providers under Medicare and Medicaid, including by (1) exempting Medicare payments to rural hospitals from sequestration, (2) making permanent certain payment increases for services in rural areas (e.g., Medicaid primary care services), and (3) permanently removing the 96-hour physician certification requirement for inpatient critical access hospital services under Medicare.

To amend titles XVIII and XIX of the Social Security Act to provide for enhanced payments to rural health care providers under the Medicare and Medicaid programs, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Save America's Rural Hospitals Act''. (b) Findings.--Congress finds the following: (1) More than 60,000,000 individuals in rural areas of the United States rely on rural hospitals and other providers as critical access points to health care. (2) Access to health care is essential to communities that Americans living in rural areas call home. (3) Americans living in rural areas are older, poorer, and sicker than Americans living in urban areas. (4) Between January 2010 and January 1, 2021, 137 rural hospitals closed in the United States, according to the University of North Carolina's Cecil G. Sheps Center for Health Services Research, and the rate of these closures is increasing. (5) Four hundred and fifty-three hospitals are operating at margins similar to those that have closed over the past decade. Of those, 216 are considered most vulnerable to closure. (6) Rural Medicare beneficiaries already face a number of challenges when trying to access health care services close to home, including the weather, geography, and cultural, social, and language barriers. (7) Approximately sixty percent of all primary care health professional shortage areas are located in rural areas. (8) Seniors living in rural areas are forced to travel significant distances for care. (9) On average, trauma victims in rural areas must travel twice as far as victims in urban areas to the closest hospital, and, as a result, 60 percent of trauma deaths occur in rural areas, even though only 20 percent of Americans live in rural areas. (10) With the 453 hospitals on the brink of closure, millions of Americans living in rural areas are on the brink of losing access to the closest emergency room. (c) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. TITLE I--RURAL PROVIDER PAYMENT STABILIZATION Subtitle A--Rural Hospitals Sec. 101. Eliminating Medicare sequestration for rural hospitals. Sec. 102. Reversing cuts to reimbursement of bad debt for critical access hospitals (CAHs) and rural hospitals. Sec. 103. Extending payment levels for low-volume hospitals and Medicare-dependent hospitals (MDHs). Sec. 104. Reinstating revised diagnosis-related group payments for MDHs and sole community hospitals (SCHs). Sec. 105. Reinstating hold harmless treatment for hospital outpatient services for SCHs. Subtitle B--Other Rural Providers Sec. 111. Making permanent increased Medicare payments for ground ambulance services in rural areas. Sec. 112. Extending Medicaid primary care payments. Sec. 113. Making permanent Medicare telehealth service enhancements for federally qualified health centers and rural health clinics. Sec. 114. Creation of reporting requirements for provider-based rural health clinics. TITLE II--RURAL MEDICARE BENEFICIARY EQUITY Sec. 201. Equalizing beneficiary copayments for services furnished by CAHs. TITLE III--REGULATORY RELIEF Sec. 301. Eliminating 96-hour physician certification requirement with respect to inpatient CAH services. Sec. 302. Rebasing supervision requirements. Sec. 303. Reforming practices of recovery audit contractors under Medicare. TITLE IV--FUTURE OF RURAL HEALTH CARE Sec. 401. Medicare rural hospital flexibility program grants. TITLE I--RURAL PROVIDER PAYMENT STABILIZATION Subtitle A--Rural Hospitals SEC. 101. ELIMINATING MEDICARE SEQUESTRATION FOR RURAL HOSPITALS. (a) In General.--Section 256(d)(7) of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 906(d)(7)) is amended by adding at the end the following: ``(D) Rural hospitals.--Payments under part A or part B of title XVIII of the Social Security Act with respect to items and services furnished by a critical access hospital (as defined in section 1861(mm)(1) of such Act), a sole community hospital (as defined in section 1886(d)(5)(D)(iii) of such Act), a Medicare- dependent, small rural hospital (as defined in section 1886(d)(5)(G)(iv) of such Act), or a subsection (d) hospital located in a rural area (as defined in section 1886(d)(2)(D) of such Act).''. (b) Applicability.--The amendment made by this section applies with respect to orders of sequestration effective on or after the date that is 60 days after the date of the enactment of this Act. SEC. 102. REVERSING CUTS TO REIMBURSEMENT OF BAD DEBT FOR CRITICAL ACCESS HOSPITALS (CAHS) AND RURAL HOSPITALS. (a) Rural Hospitals.--Section 1861(v)(1)(T)(v) of the Social Security Act (42 U.S.C. 1395x(v)(1)(T)(v)) is amended by inserting before the period the following: ``or, in the case of a hospital located in a rural area, by 15 percent of such amount otherwise allowable''. (b) CAHs.--Section 1861(v)(1)(W)(ii) of the Social Security Act (42 U.S.C. 1395x(v)(1)(W)(ii)) is amended by inserting after ``or (V)'' the following: ``, a critical access hospital''. (c) Applicability.--The amendments made by this section apply with respect to cost reporting periods beginning more than 60 days after the date of the enactment of this Act. SEC. 103. EXTENDING PAYMENT LEVELS FOR LOW-VOLUME HOSPITALS AND MEDICARE-DEPENDENT HOSPITALS (MDHS). (a) Extension of Increased Payments for MDHs.-- (1) Extension of payment methodology.--Section 1886(d)(5)(G) of the Social Security Act (42 U.S.C. 1395ww(d)(5)(G)) is amended-- (A) in clause (i), by striking ``, and before October 1, 2022''; and (B) in clause (ii)(II), by striking ``, and before October 1, 2022''. (2) Conforming amendments.-- (A) Extension of target amount.--Section 1886(b)(3)(D) of the Social Security Act (42 U.S.C. 1395ww(b)(3)(D)) is amended-- (i) in the matter preceding clause (i), by striking ``, and before October 1, 2022''; and (ii) in clause (iv), by striking ``through fiscal year 2022'' and inserting ``or a subsequent fiscal year''. (B) Extending the period during which hospitals can decline reclassification as urban.--Section 13501(e)(2) of the Omnibus Budget Reconciliation Act of 1993 (42 U.S.C. 1395ww note) is amended by striking ``fiscal year 2000 through fiscal year 2022'' and inserting ``a subsequent fiscal year''. (b) Extension of Increased Payments for Low-Volume Hospitals.-- Section 1886(d)(12) of the Social Security Act (42 U.S.C. 1395ww(d)(12)) is amended-- (1) in subparagraph (B)-- (A) in the header, by inserting ``for fiscal years 2005 through 2010'' after ``increase''; and (B) in the matter preceding clause (i), by striking ``and for discharges occurring in fiscal year 2023 and subsequent fiscal years''; (2) in subparagraph (C)(i)-- (A) in the matter preceding subclause (I), by striking ``through 2022'' and inserting ``and each subsequent fiscal year''; (B) in subclause (II), by adding at the end ``and''; (C) in subclause (III)-- (i) by striking ``fiscal years 2019 through 2022'' and inserting ``fiscal year 2019 and each subsequent fiscal year''; and (ii) by striking ``; and'' and inserting a period; and (D) by striking subclause (IV); and (3) in subparagraph (D)-- (A) by amending the heading to read as follows: ``Applicable percentage increase after fiscal year 2010''; (B) in the matter preceding clause (i), by striking ``in fiscal years 2011 through 2022'' and inserting ``in fiscal year 2011 or a subsequent fiscal year''; and (C) in clause (ii), by striking ``each of fiscal years 2019 through 2022'' and inserting ``fiscal year 2019 and each subsequent fiscal year''. SEC. 104. REINSTATING REVISED DIAGNOSIS-RELATED GROUP PAYMENTS FOR MDHS AND SOLE COMMUNITY HOSPITALS (SCHS). (a) Payments for MDHs and SCHs for Value-Based Incentive Programs.--Section 1886(o)(7)(D)(ii)(I) of the Social Security Act (42 U.S.C. 1395ww(o)(7)(D)(ii)(I)) is amended by inserting ``and after fiscal year 2021'' after ``2013''. (b) Payments for MDHs and SCHs Under Hospital Readmissions Reduction Program.--Section 1886(q)(2)(B)(i) of the Social Security Act (42 U.S.C. 1395ww(q)(2)(B)(i)) is amended by inserting ``and after fiscal year 2021'' after ``2013''. SEC. 105. REINSTATING HOLD HARMLESS TREATMENT FOR HOSPITAL OUTPATIENT SERVICES FOR SCHS. Section 1833(t)(7)(D)(i) of the Social Security Act (42 U.S.C. 1395l(t)(7)(D)(i)) is amended-- (1) in the heading, by striking ``temporary'' and inserting ``permanent''; (2) in subclause (II)-- (A) in the first sentence, by inserting ``and on or after January 1, 2022,'' after ``January 1, 2013,''; and (B) in the second sentence, by inserting ``, and during or after 2022'' after ``or 2012''; and (3) in subclause (III), in the first sentence, by inserting ``and on or after January 1, 2022,'' after ``January 1, 2013,''. Subtitle B--Other Rural Providers SEC. 111. MAKING PERMANENT INCREASED MEDICARE PAYMENTS FOR GROUND AMBULANCE SERVICES IN RURAL AREAS. Section 1834(l)(13) of the Social Security Act (42 U.S.C. 1395m(l)(13)) is amended-- (1) in the paragraph heading, by striking ``temporary increase'' and inserting ``increase''; and (2) in subparagraph (A)-- (A) in the matter preceding clause (i), by striking ``, and before January 1, 2023''; and (B) in clause (i), by striking ``, and before January 1, 2023''. SEC. 112. EXTENDING MEDICAID PRIMARY CARE PAYMENTS. (a) In General.--Section 1902(a)(13)(C) of the Social Security Act (42 U.S.C. 1396a(a)(13)(C)) is amended by inserting after ``2014'' the following: ``(or, in the case of primary care services furnished by a physician located in a rural area, as defined in section 1886(d)(2)(D), furnished in any year)''. (b) Applicability.-- (1) In general.--Except as provided in paragraph (2), the amendment made by this section applies to services furnished in a year beginning on or after the date of the enactment of this Act. (2) Exception if state legislation required.--In the case of a State plan for medical assistance under title XIX of the Social Security Act which the Secretary of Health and Human Services determines requires State legislation (other than legislation appropriating funds) in order for the plan to meet the additional requirement imposed by the amendment made by this section, the State plan shall not be regarded as failing to comply with the requirements of such title solely on the basis of its failure to meet this additional requirement before the first day of the first calendar quarter beginning after the close of the first regular session of the State legislature that begins after the date of the enactment of this Act. For purposes of the previous sentence, in the case of a State that has a 2-year legislative session, each year of such session shall be deemed to be a separate regular session of the State legislature. SEC. 113. MAKING PERMANENT MEDICARE TELEHEALTH SERVICE ENHANCEMENTS FOR FEDERALLY QUALIFIED HEALTH CENTERS AND RURAL HEALTH CLINICS. Paragraph (8) of section 1834(m) of the Social Security Act (42 U.S.C. 1395m(m)) is amended-- (1) in the paragraph heading, be striking ``during emergency period''; (2) in the matter preceding subparagraph (A), by striking ``During the emergency period described in section 1135(g)(1)(B)'' and inserting ``Beginning on the first day of the emergency period described in section 1135(g)(1)(B)''; (3) in subparagraph (A)(ii), by striking ``determined under subparagraph (B)'' and inserting ``determined, for services furnished during the emergency period described in section 1135(g)(1)(B), under subparagraph (B) and, for services furnished after such period, as an amount equal to the amount that such center or clinic would have been paid under this title had such service been furnished without the use of a telecommunications system''; and (4) in subparagraph (B)-- (A) by striking ``payment rule'' and all that follows through ``The Secretary shall'' and inserting ``payment rule.--The Secretary shall''; and (B) by redesignating clause (ii) as subparagraph (C) and moving such subparagraph as so redesignated 2 ems to the left. SEC. 114. CREATION OF REPORTING REQUIREMENTS FOR PROVIDER-BASED RURAL HEALTH CLINICS. (a) In General.--Not later than two years after the date of the enactment of this Act, the Secretary of Health and Human Services (in this section referred to as the ``Secretary'') shall, taking into account the recommendations made pursuant to subsection (b), implement a voluntary Medicare provider-based rural health clinic quality reporting program, in accordance with this section, under which-- (1) provider-based rural health clinics established on or after January 1, 2021, may voluntarily comply with reporting requirements described in subsection (b)(2); and (2) payments under title XVIII to such clinics complying with such requirements are provided in accordance with subsection (d). (b) Consultation.--Not later than one year after the date of the enactment of this Act, the Secretary, acting through the Administrator for Centers for Medicare & Medicaid Services, the Federal Office of Rural Health Policy, and the Agency for Healthcare Research and Quality, shall consult with relevant stakeholders-- (1) to review rural health clinic data collection processes and quality measurers identified for rural health clinics by the National Quality Forum and other national quality- monitoring systems; and (2) to make recommendations to the Secretary for voluntary reporting requirements for the Secretary to implement under the eligible professional Merit-based Incentive Payment System under section 1848(q) of the Social Security Act (42 U.S.C. 1395w-4) for provider-based rural health clinics established on or after January 1, 2021. (c) Collaboration.--In implementing the voluntary Medicare provider-based rural health clinic quality reporting program, the Secretary shall consult with a diverse group of rural health clinic stakeholders, which shall include-- (1) the National Quality Forum, or such other standard- setting organizations specified by the Secretary; (2) relevant State and local public agencies, including State offices of rural health; (3) established provider-based rural health clinics, including those in the application process; (4) small rural hospitals with 50 beds or less; (5) organizations representing provider-based rural health clinics; and (6) organizations representing rural health care. (d) Conditions.--Under the voluntary Medicare provider-based rural health clinic quality reporting program the Secretary shall provide that in the case of a provider-based rural health clinic described in subsection (a)(1) that voluntarily complies with the reporting requirements described in subsection (b)(2), with respect to a year-- (1) reimbursement rates under title XVIII of the Social Security Act for rural health services furnished by such clinic during such year shall be consistent with reimbursement rates under such title for such services furnished by a provider- based rural health clinic established before December 31, 2020; and (2) the provisions of section 1833(f)(3) of such Act (42 U.S.C. 1395l(f)(3)) shall not apply with respect to such clinic and such year. (e) Grants for Technical Assistance.-- (1) In general.--Section 1820(g)(3) of the Social Security Act (42 U.S.C. 1395i-4(g)(3)) is amended-- (A) in subparagraph (A)-- (i) by striking ``Balanced Budget Act of 1997 and'' and inserting ``Balanced Budget Act of 1997,''; and (ii) by inserting before the period at the end the following: ``, and to provide to such small rural hospitals that participate in the voluntary Medicare provider-based rural health clinic quality reporting program established pursuant to section 114 of the Save America's Rural Hospitals Act technical assistance necessary to so participate in such program''; and (B) in subparagraph (E)-- (i) by striking ``and to participate in delivery system reforms'' and inserting ``, to participate in delivery system reforms''; and (ii) by inserting before the period at the end the following: ``, and in the case of small rural hospitals that participate in the voluntary Medicare provider-based rural health clinic quality reporting program established pursuant to section 114 of the Save America's Rural Hospitals Act, for technical assistance necessary to so participate in such program''. (2) Funding.--In addition to amounts otherwise made available for grants under section 1820(g)(3) of the Social Security Act, there is appropriated to the Secretary of Health and Human Services, out of any monies in the Treasury not otherwise appropriated, $15,000,000 for the period of fiscal years 2022 through 2026 to provide grants under such section to small rural hospitals that participate in the voluntary Medicare provider-based rural health clinic quality reporting program established pursuant to this section for technical assistance necessary to so participate in such program. TITLE II--RURAL MEDICARE BENEFICIARY EQUITY SEC. 201. EQUALIZING BENEFICIARY COPAYMENTS FOR SERVICES FURNISHED BY CAHS. (a) In General.--Section 1866(a)(2)(A) of the Social Security Act (42 U.S.C. 1395cc(a)(2)(A)) is amended by adding at the end the following: ``In the case of outpatient critical access hospital services for which payment is made under section 1834(g), clause (ii) of the first sentence shall be applied by substituting `20 percent of the lesser of the actual charge or the payment basis under this part for such services if the critical access hospital were treated as a hospital' for `20 per centum of the reasonable charges for such items and services'.''. (b) Applicability.--The amendment made by this section applies with respect to services furnished during a year that begins more than 60 days after the date of the enactment of this Act. TITLE III--REGULATORY RELIEF SEC. 301. ELIMINATING 96-HOUR PHYSICIAN CERTIFICATION REQUIREMENT WITH RESPECT TO INPATIENT CAH SERVICES. (a) In General.--Section 1814(a) of the Social Security Act (42 U.S.C. 1395f(a)) is amended-- (1) in paragraph (6), by adding ``and'' at the end; (2) in paragraph (7)(E), by striking ``; and'' and inserting a period; and (3) by striking paragraph (8). (b) Applicability.--The amendments made by this section apply with respect to services furnished during a year that begins more than 60 days after the date of the enactment of this Act. SEC. 302. REBASING SUPERVISION REQUIREMENTS. (a) Therapeutic Hospital Outpatient Services.-- (1) Supervision requirements.--Section 1833 of the Social Security Act (42 U.S.C. 1395l) is amended by adding at the end the following new subsection: ``(ee) Physician Supervision Requirements for Therapeutic Hospital Outpatient Services.-- ``(1) General supervision for therapeutic services.--Except as may be provided under paragraph (2), insofar as the Secretary requires the supervision by a physician or a non- physician practitioner for payment for therapeutic hospital outpatient services (as defined in paragraph (5)(A)) furnished under this part, such requirement shall be met if such services are furnished under the general supervision (as defined in paragraph (5)(B)) of the physician or non-physician practitioner, as the case may be. ``(2) Exceptions process for high-risk or complex medical services requiring a direct level of supervision.-- ``(A) In general.--Subject to the succeeding provisions of this paragraph, the Secretary shall establish a process for the designation of therapeutic hospital outpatient services furnished under this part that, by reason of complexity or high risk, require-- ``(i) direct supervision (as defined in paragraph (5)(C)) for the entire service; or ``(ii) direct supervision during the initiation of the service followed by general supervision for the remainder of the service. ``(B) Consultation with clinical experts.-- ``(i) In general.--Under the process established under subparagraph (A), before the designation of any therapeutic hospital outpatient service for which direct supervision may be required under this part, the Secretary shall consult with a panel of outside experts described in clause (ii) to advise the Secretary with respect to each such designation. ``(ii) Advisory panel on supervision of therapeutic hospital outpatient services.--For purposes of clause (i), a panel of outside experts described in this clause is a panel appointed by the Secretary, based on nominations submitted by hospital, rural health, and medical organizations representing physicians, non-physician practitioners, and hospital administrators, as the case may be, that meets the following requirements: ``(I) Composition.--The panel shall be composed of at least 15 physicians and non-physician practitioners who furnish therapeutic hospital outpatient services for which payment is made under this part and who collectively represent the medical specialties that furnish such services, and of 4 hospital administrators of hospitals located in rural areas (as defined in section 1886(d)(2)(D)) or critical access hospitals. ``(II) Practical experience required for physicians and non- physician practitioners.--During the 12-month period preceding appointment to the panel by the Secretary, each physician or non-physician practitioner described in subclause (I) shall have furnished therapeutic hospital outpatient services for which payment was made under this part. ``(III) Minimum rural representation requirement for physicians and non-physician practitioners.--Not less than 50 percent of the membership of the panel that is comprised of physicians and non-physician practitioners shall be physicians or non-physician practitioners described in subclause (I) who practice in rural areas (as defined in section 1886(d)(2)(D)) or who furnish such services in critical access hospitals. ``(iii) Application of faca.--The Federal Advisory Committee Act (5 U.S.C. 2 App.), other than section 14 of such Act, shall apply to the panel of outside experts appointed by the Secretary under clause (ii). ``(C) Special rule for outpatient critical access hospital services.--Insofar as a therapeutic outpatient hospital service that is an outpatient critical access hospital service is designated as requiring direct supervision under the process established under subparagraph (A), the Secretary shall deem the critical access hospital furnishing that service as having met the requirement for direct supervision for that service if, when furnishing such service, the critical access hospital meets the standard for personnel required as a condition of participation under section 485.618(d) of title 42, Code of Federal Regulations (as in effect on the date of the enactment of this subsection). ``(D) Consideration of compliance burdens.--Under the process established under subparagraph (A), the Secretary shall take into account the impact on hospitals and critical access hospitals in complying with requirements for direct supervision in the furnishing of therapeutic hospital outpatient services, including hospital resources, availability of hospital- privileged physicians, specialty physicians, and non- physician practitioners, and administrative burdens. ``(E) Requirement for notice and comment rulemaking.--Under the process established under subparagraph (A), the Secretary shall only designate therapeutic hospital outpatient services requiring direct supervision under this part through proposed and final rulemaking that provides for public notice and opportunity for comment. ``(F) Rule of construction.--Nothing in this subsection shall be construed as authorizing the Secretary to apply or require any level of supervision other than general or direct supervision with respect to the furnishing of therapeutic hospital outpatient services. ``(3) Initial list of designated services.--The Secretary shall include in the proposed and final regulation for payment for hospital outpatient services for 2022 under this part a list of initial therapeutic hospital outpatient services, if any, designated under the process established under paragraph (2)(A) as requiring direct supervision under this part. ``(4) Direct supervision by non-physician practitioners for certain hospital outpatient services permitted.-- ``(A) In general.--Subject to the succeeding provisions of this subsection, a non-physician practitioner may directly supervise the furnishing of-- ``(i) therapeutic hospital outpatient services under this part, including cardiac rehabilitation services (under section 1861(eee)(1)), intensive cardiac rehabilitation services (under section 1861(eee)(4)), and pulmonary rehabilitation services (under section 1861(fff)(1)); and ``(ii) those hospital outpatient diagnostic services (described in section 1861(s)(2)(C)) that require direct supervision under the fee schedule established under section 1848. ``(B) Requirements.--Subparagraph (A) shall apply insofar as the non-physician practitioner involved meets the following requirements: ``(i) Scope of practice.--The non-physician practitioner is acting within the scope of practice under State law applicable to the practitioner. ``(ii) Additional requirements.--The non- physician practitioner meets such requirements as the Secretary may specify. ``(5) Definitions.--In this subsection: ``(A) Therapeutic hospital outpatient services.-- The term `therapeutic hospital outpatient services' means hospital services described in section 1861(s)(2)(B) furnished by a hospital or critical access hospital and includes-- ``(i) cardiac rehabilitation services and intensive cardiac rehabilitation services (as defined in paragraphs (1) and (4), respectively, of section 1861(eee)); and ``(ii) pulmonary rehabilitation services (as defined in section 1861(fff)(1)). ``(B) General supervision.-- ``(i) Overall direction and control of physician.--Subject to clause (ii), with respect to the furnishing of therapeutic hospital outpatient services for which payment may be made under this part, the term `general supervision' means such services that are furnished under the overall direction and control of a physician or non-physician practitioner, as the case may be. ``(ii) Presence not required.--For purposes of clause (i), the presence of a physician or non-physician practitioner is not required during the performance of the procedure involved. ``(C) Direct supervision.-- ``(i) Provision of assistance and direction.--Subject to clause (ii), with respect to the furnishing of therapeutic hospital outpatient services for which payment may be made under this part, the term `direct supervision' means that a physician or non- physician practitioner, as the case may be, is immediately available (including by telephone or other means) to furnish assistance and direction throughout the furnishing of such services. Such term includes, with respect to the furnishing of a therapeutic hospital outpatient service for which payment may be made under this part, direct supervision during the initiation of the service followed by general supervision for the remainder of the service (as described in paragraph (2)(A)(ii)). ``(ii) Presence in room not required.--For purposes of clause (i), a physician or non- physician practitioner, as the case may be, is not required to be present in the room during the performance of the procedure involved or within any other physical boundary as long as the physician or non-physician practitioner, as the case may be, is immediately available. ``(D) Non-physician practitioner defined.--The term `non-physician practitioner' means an individual who-- ``(i) is a physician assistant, a nurse practitioner, a clinical nurse specialist, a clinical social worker, a clinical psychologist, a certified nurse midwife, or a certified registered nurse anesthetist, and includes such other practitioners as the Secretary may specify; and ``(ii) with respect to the furnishing of therapeutic outpatient hospital services, meets the requirements of paragraph (4)(B).''. (2) Conforming amendment.--Section 1861(eee)(2)(B) of the Social Security Act (42 U.S.C. 1395x(eee)(2)(B)) is amended by inserting ``, and a non-physician practitioner (as defined in section 1833(cc)(5)(D)) may supervise the furnishing of such items and services in the hospital'' after ``in the case of items and services furnished under such a program in a hospital, such availability shall be presumed''. (b) Prohibition on Retroactive Enforcement of Revised Interpretation.-- (1) Repeal of regulatory clarification.--The restatement and clarification under the final rulemaking changes to the Medicare hospital outpatient prospective payment system and calendar year 2009 payment rates (published in the Federal Register on November 18, 2008, 73 Fed. Reg. 68702 through 68704) with respect to requirements for direct supervision by physicians for therapeutic hospital outpatient services (as defined in paragraph (3)) for purposes of payment for such services under the Medicare program shall have no force or effect in law. (2) Hold harmless.--A hospital or critical access hospital that furnishes therapeutic hospital outpatient services during the period beginning on January 1, 2001, and ending on the later of December 31, 2021, or the date on which the final regulation promulgated by the Secretary of Health and Human Services to carry out this section takes effect, for which a claim for payment is made under part B of title XVIII of the Social Security Act shall not be subject to any civil or criminal action or penalty under Federal law for failure to meet supervision requirements under the regulation described in paragraph (1), under program manuals, or otherwise. (3) Therapeutic hospital outpatient services defined.--In this subsection, the term ``therapeutic hospital outpatient services'' means medical and other health services furnished by a hospital or critical access hospital that are-- (A) hospital services described in subsection (s)(2)(B) of section 1861 of the Social Security Act (42 U.S.C. 1395x); (B) cardiac rehabilitation services or intensive cardiac rehabilitation services (as defined in paragraphs (1) and (4), respectively, of subsection (eee) of such section); or (C) pulmonary rehabilitation services (as defined in subsection (fff)(1) of such section). SEC. 303. REFORMING PRACTICES OF RECOVERY AUDIT CONTRACTORS UNDER MEDICARE. (a) Elimination of Contingency Fee Payment System.--Section 1893(h) of the Social Security Act (42 U.S.C. 1395ddd(h)) is amended-- (1) in paragraph (1), by inserting ``, for recovery activities conducted during a fiscal year before fiscal year 2022'' after ``Under the contracts''; and (2) by adding at the end the following new paragraph: ``(11) Payment for recovery activities performed after fiscal year 2021.-- ``(A) In general.--Under the contracts, subject to paragraphs (B) and (C), payment shall be made to recovery audit contractors for recovery activities conducted during fiscal year 2022 and each fiscal year thereafter in the same manner, and from the same amounts, as payment is made to eligible entities under contracts entered into for recovery activities conducted during fiscal year 2021 under subsection (a). ``(B) Prohibition on incentive payments.--Under the contracts, payment made to a recovery audit contractor for recovery activities conducted during fiscal year 2022 or any fiscal year thereafter may not include any incentive payments. ``(C) Performance accountability.-- ``(i) In general.--Under the contracts, payment made to a recovery audit contractor for recovery activities conducted during fiscal year 2022 or any fiscal year thereafter shall, in the case that the contractor has a complex audit denial overturn rate at the end of such fiscal year (as calculated under the methodology described in clause (iv)) that is 0.1 or greater, be reduced in an amount determined in accordance with clause (ii). ``(ii) Payment reductions.-- ``(I) Sliding scale of amount of reductions.--The Secretary shall establish, for purposes of determining the amount of a reduction in payment to a recovery audit contractor under clause (i) for recovery activities conducted during fiscal year, a linear sliding scale of payment reductions for recovery audit contractors for such fiscal year. Under such linear sliding scale, the amount of such a reduction in payment to a recovery audit contractor for a fiscal year shall be calculated in a manner that provides for such reduction to be greater than the reduction for such fiscal year for recovery audit contractors that have complex audit denial overturn rates at the end of such fiscal year (as calculated under the methodology described in clause (iv)) that are lower than the complex audit denial overturn rate of the contractor at the end of such fiscal year (as so calculated). ``(II) Manner of collecting reduction.--The Secretary may assess and collect the reductions in payment to recovery audit contractors under clause (i) in such manner as the Secretary may specify (such as by reducing the amount paid to the contractor for recovery activities conducted during a fiscal year or by assessing the reduction as a separate penalty payment to be paid to the Secretary by the contractor with respect to each complex audit denial issued by the contractor that is overturned on appeal). ``(iii) Timing of determinations of payment reductions.--The Secretary shall, with respect to a recovery audit contractor, determine not later than six months after the end of a fiscal year-- ``(I) whether to reduce payment to the recovery audit contractor under clause (i) for recovery activities conducted during such fiscal year; and ``(II) in the case that the Secretary determines to so reduce payment to the contractor, the amount of such payment reduction. ``(iv) Methodology for calculation of overturned complex audit denial overturn rate.-- ``(I) Calculation of overturn rate.--The Secretary shall calculate a complex audit denial overturn rate for a recovery audit contractor for a fiscal year by-- ``(aa) determining, with respect to the contract entered into under paragraph (1) by the contractor, the number of complex audit denials issued by the contractor under the contract (including denials issued before such fiscal year and during such fiscal year) that are overturned on appeal; and ``(bb) dividing the number determined under item (aa) by the number of complex audit denials issued by the contractor under such contract (including denials issued before such fiscal year and during such fiscal year). ``(II) Fairness and transparency.-- The Secretary shall calculate the percentage described in subclause (I) in a fair and transparent manner. ``(III) Accounting for subsequently overturned appeals.--The Secretary shall calculate the percentage described in subclause (I) in a manner that accounts for the likelihood that complex audit denials issued by the contractor for such fiscal year will be overturned on appeal in a subsequent fiscal year. ``(IV) Complex audit denial defined.--In this subparagraph, the term `complex audit denial' means a denial by a recovery audit contractor of a claim for payment under this title submitted by a hospital, psychiatric hospital, or critical access hospital that is so denied by the contractor after the contractor has-- ``(aa) requested that the hospital, psychiatric hospital, or critical access hospital, in order to support such claim for payment, provide supporting medical records to the contractor; and ``(bb) reviewed such medical records in order to determine whether an improper payment has been made to the hospital, psychiatric hospital, or critical access hospital for such claim. ``(V) Overturned on appeal defined.--In this subparagraph, the term `overturned on appeal' means, with respect to a complex audit denial, a denial that is overturned on appeal at the reconsideration level, the redetermination level, or the administrative law judge hearing level. ``(D) Application to existing contracts.--Not later than 60 days after the date of the enactment of this paragraph, the Secretary shall modify, as necessary, each contract under paragraph (1) that the Secretary entered into prior to such date of enactment in order to ensure that payment with respect to recovery activities conducted under such contract is made in accordance with the requirements described in this paragraph.''. (b) Elimination of One-Year Timely Filing Limit To Rebill Part B Claims.-- (1) In general.--Section 1842(b) of the Social Security Act (42 U.S.C. 1395u(b)) is amended by adding at the end the following new paragraph: ``(20) Exception to the one-year timely filing limit for certain rebilled claims.-- ``(A) In general.--In the case of a claim submitted under this part by a hospital (as defined in subparagraph (B)(i)) for hospital services with respect to which there was a previous claim submitted under part A as inpatient hospital services or inpatient critical access hospital services that was denied by a medicare contractor (as defined in subparagraph (B)(ii)) because of a determination that the inpatient admission was not medically reasonable and necessary under section 1862(a)(1)(A), the deadline described in this paragraph is 180 days after the date of the final denial of such claim under part A. ``(B) Definitions.--In this paragraph: ``(i) Hospital.--The term `hospital' has the meaning given such term in section 1861(e) and includes a psychiatric hospital (as defined in section 1861(f)) and a critical access hospital (as defined in section 1861(mm)(1)). ``(ii) Medicare contractor.--The term `medicare contractor' has the meaning given such term under section 1889(g), and includes a recovery audit contractor with a contract under section 1893(h). ``(iii) Final denial.--The term `final denial' means-- ``(I) in the case that a hospital elects not to appeal a denial described in subparagraph (A) by a medicare contractor, the date of such denial; or ``(II) in the case that a hospital elects to appeal a such a denial, the date on which such appeal is exhausted.''. (2) Conforming amendments.-- (A) Section 1835(a)(1) of the Social Security Act (42 U.S.C. 1395n(a)(1)) is amended by inserting ``or, in the case of a claim described in section 1842(b)(20), not later than the deadline described in such paragraph'' after ``the date of service''. (B) Section 1842(b)(3)(B) of the Social Security Act (42 U.S.C. 1395u(b)(3)(B)) is amended in the flush language following clause (ii) by inserting ``or, in the case of a claim described in section 1842(b)(20), not later than the deadline described in such paragraph'' after ``the date of service''. (3) Applicability.--The amendments made by this subsection apply to claims submitted under part B of title XVIII of the Social Security Act for hospital services for which there was a previous claim submitted under part A as inpatient hospital services or inpatient critical access hospital services that was subject to a final denial (as defined in paragraph (20)(B)(iii) of section 1842(b) of such Act (42 U.S.C. 1395u(b))) on or after the date of the enactment of this Act. (c) Medical Documentation Considered for Medical Necessity Reviews of Claims for Inpatient Hospital Services.--Section 1862(a) of the Social Security Act (42 U.S.C. 1395y(a)) is amended by adding at the end the following new sentence: ``A determination under paragraph (1) of whether inpatient hospital services or inpatient critical access hospital services furnished to an individual on or after the date of the enactment of this sentence are reasonable and necessary shall be based solely upon information available to the admitting physician at the time of the inpatient admission of the individual for such inpatient services, as documented in the medical record.''. TITLE IV--FUTURE OF RURAL HEALTH CARE SEC. 401. MEDICARE RURAL HOSPITAL FLEXIBILITY PROGRAM GRANTS. Section 1820(g) of the Social Security Act (42 U.S.C. 1395i-4(g)) is amended-- (1) in paragraph (1)-- (A) in subparagraph (C), by striking ``and'' at the end; (B) in subparagraph (D), by striking the period at the end and inserting a semicolon; and (C) by adding at the end the following new subparagraphs: ``(E) rural emergency hospitals providing support for critical access hospitals to convert to rural emergency hospitals to stabilize hospital emergency services in their communities; and ``(F) supporting certified rural health clinics for maintaining and building business operations, increasing financial indicators, addressing population health, transforming services, and providing linkages and services for behavioral health and substance use disorders responding to public health emergencies.''; (2) by redesignating paragraphs (3) through (7) as paragraphs (4) through (8), respectively; (3) after paragraph (2), by inserting the following new paragraph: ``(3) Activities to support carrying out flex grants.--The Secretary may award grants or cooperative agreements to entities that submit to the Secretary applications, at such time and in such form and manner and containing such information as the Secretary specifies, for purposes of supporting States and hospitals in carrying out the activities under this subsection by providing technical assistance, data analysis, and evaluation efforts.''; (4) in paragraph (4), as redesignated-- (A) in subparagraph (A), by inserting ``State Offices of Rural Health on behalf of eligible hospitals'' after ``award grants to''; (B) by amending subparagraph (C) to read as follows: ``(C) Application.--The State Office of Rural Health shall submit an application, on behalf of eligible rural hospitals, to the Secretary on or before such date and in such form and manner as the Secretary specifies.''; (C) by amending subparagraph (D), to read as follows: ``(D) Amount of grant.--A grant to a hospital under this paragraph shall be determined on an equal national distribution so that each hospital receives the same amount of support related to the funds appropriated.''; (D) by amending subparagraph (E), to read as follows: ``(E) Use of funds.--State Offices of Rural Health and eligible hospitals may use the funds received through a grant under this paragraph for the purchase of computer software and hardware; the education and training of hospital staff on billing, operational, quality improvement and related value-focused efforts; and other delivery system reform programs determined appropriate by the Secretary.''; and (5) by adding at the end the following new paragraph: ``(9) Rural health transformation grants.-- ``(A) Grants.--The Secretary may award 5-year grants to State Offices of Rural Health and to eligible rural health care providers (as defined in subparagraph (E)) on the transition to new models, including rural emergency hospitals, extended stay clinics, freestanding emergency departments, rural health clinics, and integration of behavioral, oral health services, telehealth and other transformational models relevant to rural providers as such providers evolve to better meet community needs and the changing health care environment. ``(B) Application.--An applicable rural health care provider, in partnership with the State Office of Rural Health in the State in which the rural health care provider seeking a grant under this paragraph is located, shall submit an application to the Secretary on or before such date and in such form and manner as the Secretary specifies. ``(C) Additional requirements.--The Secretary may not award a grant under this paragraph to an eligible rural health care provider unless-- ``(i) local organizations or the State in which the hospital is located provides support (either direct or in kind); and there are letters of support from key State payers such as Medicaid and private insurance; and ``(ii) the applicant describes in detail how the transition of the health care provider or providers will better meet local needs and be sustainable. ``(D) Eligible rural health care provider defined.--For purposes of this paragraph, the term `eligible rural health care provider' includes a critical access hospital, a certified rural health clinic, a rural nursing home, skilled nursing facility, emergency care provider, or other entity identified by the Secretary. An eligible rural health care provider may include other entities applying on behalf of a group of providers such as a State Office of Rural Health, a State or local health care authority, a rural health network, or other entity identified by the Secretary.''. <all>

Save America’s Rural Hospitals Act

To amend titles XVIII and XIX of the Social Security Act to provide for enhanced payments to rural health care providers under the Medicare and Medicaid programs, and for other purposes.

Save America’s Rural Hospitals Act

Rep. Graves, Sam

R

MO

H.R.471

Health

Protecting Americans from Unnecessary Spread upon Entry from COVID-19 Act of 2021 or the PAUSE Act of 2021 This bill maintains immigration restrictions put in place under public health emergency authorities to prevent the introduction of COVID-19 (i.e., coronavirus disease 2019) from foreign countries. Specifically, the bill prohibits the Department of Health and Human Services from rescinding or reducing the stringency of the restrictions. It also prohibits the Department of Homeland Security from stopping or reducing enforcement of the restrictions. These prohibitions remain in effect until (1) federal and state COVID-19 emergency orders are lifted, and (2) the risk of introducing COVID-19 in or from Canada and Mexico is minimal.

To prohibit the Secretary of Health and Human Services from lessening the stringency of, and to prohibit the Secretary of Homeland Security from ceasing or lessening implementation of, the COVID-19 border health provisions through the end of the COVID-19 pandemic, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Protecting Americans from Unnecessary Spread upon Entry from COVID-19 Act of 2021'' or the ``PAUSE Act of 2021''. SEC. 2. MAINTAINING THE STRINGENCY OF COVID-19 BORDER HEALTH PROVISIONS THROUGH THE END OF THE PANDEMIC. (a) HHS.--The Secretary of Health and Human Services shall not remove, or lessen the stringency of, the COVID-19 border health provisions unless and until-- (1) the public health emergency declared for COVID-19 under section 319 of the Public Health Service Act (42 U.S.C. 247d), including renewals thereof, is no longer in effect; (2) the public health emergencies declared for COVID-19 by all States, including renewals thereof, are no longer in effect; and (3) the Director of the Centers for Disease Control and Prevention reduces the travelers' health risk level for introducing, transmitting, and spreading COVID-19 in or from Canada and Mexico to Level 1. (b) Homeland Security.--The Secretary of Homeland Security shall not cease or lessen the implementation of the COVID-19 border health provisions unless and until each of the conditions listed in subsection (a) is met. (c) Definition.--In this section, the term ``COVID-19 border health provisions'' means the restrictions established under part G of title III of the Public Health Service Act (42 U.S.C. 264 et seq.; relating to quarantine and inspection) to prevent the introduction, transmission, or spread of COVID-19 from one or more foreign countries into the United States, including the order titled ``Order under Section 362 & 365 of the Public Health Service Act (42 U.S.C. Sec. Sec. 265, 268): Order Suspending the Right To Introduce Certain Persons from Countries Where a Quarantinable Communicable Disease Exists'' issued by the Director of the Centers for Disease Control and Prevention on October 13, 2020. <all>

PAUSE Act of 2021

To prohibit the Secretary of Health and Human Services from lessening the stringency of, and to prohibit the Secretary of Homeland Security from ceasing or lessening implementation of, the COVID-19 border health provisions through the end of the COVID-19 pandemic, and for other purposes.

PAUSE Act of 2021 Protecting Americans from Unnecessary Spread upon Entry from COVID–19 Act of 2021

Rep. Herrell, Yvette

R

NM

H.R.323

Civil Rights and Liberties, Minority Issues

This bill provides for a Congressional Gold Medal to be awarded posthumously to Carrie Beatrice "Mudear" Sager in recognition of her service to her community and nation for peace, racial justice, and human rights. Following the award the medal shall be given to the Smithsonian Institution and be available for display at the National Museum of African American History and Culture.

To award a Congressional Gold Medal to Carrie Beatrice ``Mudear'' Sager, in recognition of her service to her community and nation, for peace, racial justice, and human rights. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. FINDINGS. Congress finds the following: (1) Carrie Beatrice ``Mudear'' Sager was born on September 5, 1913 in Autauga County, Alabama to the late Mr. James Hardy and Mrs. Laura Hardy. (2) She was a foot soldier who marched with Dr. Martin Luther King Jr. in Selma, Alabama in 1963. Ms. Sager was dedicated to fighting for racial and social justice, she risked her own life countless times being a voice for others. Her commitment is demonstrated through her years of bravery and activism. (3) Ms. Sager was known for organizing the well-known Children's March of May 2, 1963 led by Dr. Martin Luther King Jr. This protest led to hundreds of students being arrested and taken to jail in paddy wagons and school buses. (4) She was a victim of police brutality and experienced the brute force of hoses and dogs as law enforcement used them as weapons against her and peaceful protestors during the Southern Christian Leadership Conference's Birmingham Campaign. (5) She was a fearless woman who stood up to the KKK by picketing and boycotting white businesses in Bessemer and Birmingham Alabama, demanding equal treatment of Black people across this nation. (6) She demonstrated heroism as she marched the infamous Edmund Pettus Bridge on Bloody Sunday, March 7th, 1965. This was a day in which police attacked Civil Rights activists with tear gas, billy clubs, and horses as demonstrators were headed to the State Capitol in Montgomery, Alabama. (7) Ms. Sager was a woman of God and an active member of Starlight Missionary Baptist Church, where she was named ``Mother of the Church''. (8) Carrie Beatrice ``Mudear'' Sager passed away November 20, 2014 at the age of 101. She will be remembered for her tenacity and unwavering dedication to fighting for human rights and ensuring equality and peace across this nation. (9) She was loved and cherished by many and her legacy will live on through her family. She left this earth with five children: Sam Sager, Jr., Will Sager, Lurlean Sager Burnette, Florabell Sager McQueen, and Mary Sager Davis. Mudear's ten grandchildren are as follows: Cora Jean Douglass, Martha Jean McQueen, Will Sager Jr., Valerie Sager Seals, Veronica Sager Seals, Vernon T. Sager Sr., Vayonna L. Sager, Loretta Lusane Philips, Clarence Lusane, and Tanya Davis McCullough. SEC. 2. CONGRESSIONAL GOLD MEDAL. (a) Presentation Authorization.--The Speaker of the House of Representatives and the President pro tempore of the Senate shall make appropriate arrangements for the presentation, on behalf of the Congress, of a gold medal of appropriate design to the Carrie Beatrice ``Mudear'' Sager, in recognition of her service to her community and nation, for peace, racial justice, and human rights. (b) Design and Striking.--For the purposes of the award referred to in subsection (a), the Secretary of the Treasury (hereafter in this Act referred to as the ``Secretary'') shall strike a gold medal with suitable emblems, devices, and inscriptions, to be determined by the Secretary. (c) Smithsonian Institution.--Following the award of the gold medal under subsection (a), the gold medal shall be given to the Smithsonian Institution and the medal will be available for display at the National Museum of African American History and Culture. SEC. 3. DUPLICATE MEDALS. The Secretary may strike and sell duplicates in bronze of the gold medal struck pursuant to section 2 under such regulations as the Secretary may prescribe, at a price sufficient to cover the cost thereof, including labor, materials, dies, use of machinery, and overhead expenses, and the cost of the gold medal. SEC. 4. NATIONAL MEDALS. Medals struck pursuant to this Act are national medals for the purposes of chapter 51 of title 31, United States Code. <all>

To award a Congressional Gold Medal to Carrie Beatrice "Mudear" Sager, in recognition of her service to her community and nation, for peace, racial justice, and human rights.

To award a Congressional Gold Medal to Carrie Beatrice "Mudear" Sager, in recognition of her service to her community and nation, for peace, racial justice, and human rights.

Official Titles - House of Representatives Official Title as Introduced To award a Congressional Gold Medal to Carrie Beatrice "Mudear" Sager, in recognition of her service to her community and nation, for peace, racial justice, and human rights.

Rep. Bass, Karen

D

CA

H.R.2896

Agriculture and Food

Kids Eat Local Act This bill modifies Department of Agriculture requirements for the national school food programs relating to the purchases of locally produced food. The bill allows institutions participating in the school food programs to use locally grown, locally raised, or locally caught as a product specification in food procurement requests.

To amend the Richard B. Russell National School Lunch Act to allow certain institutions to use geographic preference for procurement of certain foods, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Kids Eat Local Act''. SEC. 2. GEOGRAPHIC PREFERENCE AND IDENTIFICATION FOR SCHOOL FOOD. Paragraph (3) of section 9(j) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1758(j)) is amended to read as follows: ``(3) allow institutions receiving funds under this Act and the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.), including the Department of Defense Fresh Fruit and Vegetable Program-- ``(A) to use a geographic preference for the procurement of unprocessed agricultural products, both locally grown and locally raised; or ``(B) to use locally grown, locally raised, or locally caught as a product specification.''. <all>

Kids Eat Local Act

To amend the Richard B. Russell National School Lunch Act to allow certain institutions to use geographic preference for procurement of certain foods, and for other purposes.

Kids Eat Local Act

Rep. Pingree, Chellie

D

ME

S.1400

Energy

Protecting Resources On The Electric grid with Cybersecurity Technology Act of 2021 or the PROTECT Act of 2021 This bill provides incentives for electric utilities to invest in cybersecurity. Specifically, the bill directs the Federal Energy Regulatory Commission (FERC) to provide incentives to electric utilities for investing in advanced cybersecurity technology. In addition, it establishes a grant and technical assistance program at the Department of Energy for electric utilities that are not regulated by FERC to deploy advanced cybersecurity technology.

To amend the Federal Power Act to provide energy cybersecurity investment incentives, to establish a grant and technical assistance program for cybersecurity investments, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Protecting Resources On The Electric grid with Cybersecurity Technology Act of 2021'' or the ``PROTECT Act of 2021''. SEC. 2. INCENTIVES FOR ADVANCED CYBERSECURITY TECHNOLOGY INVESTMENT. Part II of the Federal Power Act is amended by inserting after section 219 (16 U.S.C. 824s) the following: ``SEC. 219A. INCENTIVES FOR CYBERSECURITY INVESTMENTS. ``(a) Definitions.--In this section: ``(1) Advanced cybersecurity technology.--The term `advanced cybersecurity technology' means any technology, operational capability, or service, including computer hardware, software, or a related asset, that enhances the security posture of public utilities through improvements in the ability to protect against, detect, respond to, or recover from a cybersecurity threat (as defined in section 102 of the Cybersecurity Act of 2015 (6 U.S.C. 1501)). ``(2) Advanced cybersecurity technology information.--The term `advanced cybersecurity technology information' means information relating to advanced cybersecurity technology or proposed advanced cybersecurity technology that is generated by or provided to the Commission or another Federal agency. ``(b) Study.--Not later than 180 days after the date of enactment of this section, the Commission, in consultation with the Secretary of Energy, the North American Electric Reliability Corporation, the Electricity Subsector Coordinating Council, and the National Association of Regulatory Utility Commissioners, shall conduct a study to identify incentive-based, including performance-based, rate treatments for the transmission and sale of electric energy subject to the jurisdiction of the Commission that could be used to encourage-- ``(1) investment by public utilities in advanced cybersecurity technology; and ``(2) participation by public utilities in cybersecurity threat information sharing programs. ``(c) Incentive-Based Rate Treatment.--Not later than 1 year after the completion of the study under subsection (b), the Commission shall establish, by rule, incentive-based, including performance-based, rate treatments for the transmission of electric energy in interstate commerce and the sale of electric energy at wholesale in interstate commerce by public utilities for the purpose of benefitting consumers by encouraging-- ``(1) investments by public utilities in advanced cybersecurity technology; and ``(2) participation by public utilities in cybersecurity threat information sharing programs. ``(d) Factors for Consideration.--In issuing a rule pursuant to this section, the Commission may provide additional incentives beyond those identified in subsection (c) in any case in which the Commission determines that an investment in advanced cybersecurity technology or information sharing program costs will reduce cybersecurity risks to-- ``(1) defense critical electric infrastructure (as defined in section 215A(a)) and other facilities subject to the jurisdiction of the Commission that are critical to public safety, national defense, or homeland security, as determined by the Commission in consultation with-- ``(A) the Secretary of Energy; and ``(B) appropriate Federal agencies; and ``(2) facilities of small or medium-sized public utilities with limited cybersecurity resources, as determined by the Commission. ``(e) Ratepayer Protection.-- ``(1) In general.--Any rate approved under a rule issued pursuant to this section, including any revisions to that rule, shall be subject to the requirements of sections 205 and 206 that all rates, charges, terms, and conditions-- ``(A) shall be just and reasonable; and ``(B) shall not be unduly discriminatory or preferential. ``(2) Prohibition of duplicate recovery.--Any rule issued pursuant to this section shall preclude rate treatments that allow unjust and unreasonable double recovery for advanced cybersecurity technology. ``(f) Single-Issue Rate Filings.--The Commission shall permit public utilities to apply for incentive-based rate treatment under a rule issued under this section on a single-issue basis by submitting to the Commission a tariff schedule under section 205 that permits recovery of costs and incentives over the depreciable life of the applicable assets, without regard to changes in receipts or other costs of the public utility. ``(g) Protection of Information.--Advanced cybersecurity technology information that is provided to, generated by, or collected by the Federal Government under subsection (b), (c), or (f) shall be considered to be critical electric infrastructure information under section 215A.''. SEC. 3. RURAL AND MUNICIPAL UTILITY ADVANCED CYBERSECURITY GRANT AND TECHNICAL ASSISTANCE PROGRAM. (a) Definitions.--In this section: (1) Advanced cybersecurity technology.--The term ``advanced cybersecurity technology'' means any technology, operational capability, or service, including computer hardware, software, or a related asset, that enhances the security posture of electric utilities through improvements in the ability to protect against, detect, respond to, or recover from a cybersecurity threat (as defined in section 102 of the Cybersecurity Act of 2015 (6 U.S.C. 1501)). (2) Eligible entity.--The term ``eligible entity'' means-- (A) a rural electric cooperative; (B) a utility owned by a political subdivision of a State, such as a municipally owned electric utility; (C) a utility owned by any agency, authority, corporation, or instrumentality of 1 or more political subdivisions of a State; (D) a not-for-profit entity that is in a partnership with not fewer than 6 entities described in subparagraph (A), (B), or (C); and (E) an investor-owned electric utility that sells less than 4,000,000 megawatt hours of electricity per year. (3) Program.--The term ``Program'' means the Rural and Municipal Utility Advanced Cybersecurity Grant and Technical Assistance Program established under subsection (b). (4) Secretary.--The term ``Secretary'' means the Secretary of Energy. (b) Establishment.--Not later than 180 days after the date of enactment of this Act, the Secretary, in consultation with the Federal Energy Regulatory Commission, the North American Electric Reliability Corporation, and the Electricity Subsector Coordinating Council, shall establish a program, to be known as the ``Rural and Municipal Utility Advanced Cybersecurity Grant and Technical Assistance Program'', to provide grants and technical assistance to, and enter into cooperative agreements with, eligible entities to protect against, detect, respond to, and recover from cybersecurity threats. (c) Objectives.--The objectives of the Program shall be-- (1) to deploy advanced cybersecurity technologies for electric utility systems; and (2) to increase the participation of eligible entities in cybersecurity threat information sharing programs. (d) Awards.-- (1) In general.--The Secretary-- (A) shall award grants and provide technical assistance under the Program to eligible entities on a competitive basis; (B) shall develop criteria and a formula for awarding grants and providing technical assistance under the Program; (C) may enter into cooperative agreements with eligible entities that can facilitate the objectives described in subsection (c); and (D) shall establish a process to ensure that all eligible entities are informed about and can become aware of opportunities to receive grants or technical assistance under the Program. (2) Priority for grants and technical assistance.--In awarding grants and providing technical assistance under the Program, the Secretary shall give priority to an eligible entity that, as determined by the Secretary-- (A) has limited cybersecurity resources; (B) owns assets critical to the reliability of the bulk power system; or (C) owns defense critical electric infrastructure (as defined in section 215A(a) of the Federal Power Act (16 U.S.C. 824o-1(a))). (e) Protection of Information.--Information provided to, or collected by, the Federal Government under this section-- (1) shall be exempt from disclosure under section 552(b)(3) of title 5, United States Code; and (2) shall not be made available by any Federal agency, State, political subdivision of a State, or Tribal authority under any applicable law requiring public disclosure of information or records. (f) Funding.--There is authorized to be appropriated to carry out this section $50,000,000 for each of fiscal years 2022 through 2026, to remain available until expended. <all>

Protecting Resources On The Electric grid with Cybersecurity Technology Act of 2021

A bill to amend the Federal Power Act to provide energy cybersecurity investment incentives, to establish a grant and technical assistance program for cybersecurity investments, and for other purposes.

PROTECT Act of 2021 Protecting Resources On The Electric grid with Cybersecurity Technology Act of 2021

Sen. Murkowski, Lisa

R

AK

H.R.213

Housing and Community Development

Local Solutions to End Homelessness Act of 2021 This bill reallocates to urban counties, under certain circumstances, Emergency Solutions Grant funds to help individuals and families regain permanent housing after experiencing a housing crisis or homelessness. Currently, the Department of Housing and Urban Development typically reallocates the funds to the state in which a city or county is located if the funds going to a recipient metropolitan city or urban county are less than a specified amount. The bill generally maintains this reallocation arrangement but also establishes certain circumstances when these funds must go to the urban county in which a recipient metropolitan city is located or to the recipient urban county directly. An urban county receiving reallocated funds designated for a recipient metropolitan city must spend these funds for the benefit of the metropolitan cities located within the county.

To modify the minimum allocation requirement for the emergency solutions grants program. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Local Solutions to End Homelessness Act of 2021''. SEC. 2. MINIMUM ALLOCATION REQUIREMENT FOR EMERGENCY SOLUTIONS GRANTS PROGRAM. Section 414(b) of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11373(b)) is amended to read as follows: ``(b) Minimum Allocation Requirement.-- ``(1) In general.--If, under the allocation provisions applicable under this subtitle, a metropolitan city or an urban county would receive a grant of less than .05 percent of the amounts appropriated under section 408 and made available to carry out this subtitle for any fiscal year, such amount shall be reallocated to the State in which the metropolitan city or urban county, as applicable, is located, except that-- ``(A) in the case of the metropolitan city, such amount shall be reallocated to the urban county in which the metropolitan city is located, if the urban county-- ``(i) has previously received and administered assistance under this section; and ``(ii) agrees to receive such amount; and ``(B) in the case of the urban county, such amount shall be provided to the urban county if the urban county has previously received and administered assistance under this section. ``(2) Exception.--Notwithstanding paragraph (1), a metropolitan city shall receive the grant amount described such paragraph if the metropolitan city-- ``(A) is located in a State that does not have counties as local governments; ``(B) has a population greater than 40,000 but less than 50,000 as used in determining the fiscal year 1987 community development block grant program allocation; and ``(C) was allocated in excess of $1,000,000 in community development block grant funds in fiscal year 1987. ``(3) Amounts reallocated to urban counties.--An urban county that receives amounts reallocated under paragraph (1)(A) shall expend those amounts for the benefit of metropolitan cities located in the urban county.''. <all>

Local Solutions to End Homelessness Act of 2021

To modify the minimum allocation requirement for the emergency solutions grants program.

Local Solutions to End Homelessness Act of 2021

Rep. Sires, Albio

D

NJ

H.R.1126

Government Operations and Politics

Vieques Recovery and Redevelopment Act of 2021 This bill provides a framework to compensate certain residents of the island of Vieques, Puerto Rico, for the use of such island for military readiness. The bill sets forth provisions regarding award amounts for individuals and for claims by the municipality of Vieques. An individual claimant shall be awarded monetary compensation if the claimant contracted a chronic, life threatening, or physical or mental disease or illness, during or after the government used the island for military readiness.

To provide compensation to certain residents of the island of Vieques, Puerto Rico, for the use of such island for military readiness, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Vieques Recovery and Redevelopment Act of 2021''. SEC. 2. FINDINGS. The Congress finds the following: (1) Vieques is an island municipality of Puerto Rico, measuring approximately 21 miles long by 4 miles wide, and located approximately 8 miles east of the main island of Puerto Rico. (2) Prior to Hurricane Maria, residents of Vieques were served by an urgent medical care facility, the Susana Centeno Family Health Center, and residents had to travel off-island to obtain medical services, including most types of emergency care because the facility did not have the basic use of x-ray machines, CT machines, EKG machines, ultrasounds, or PET scans. (3) The predominant means of transporting passengers and goods between Vieques and the main island of Puerto Rico is by ferry boat service, and over the years, the efficiency of this service has frequently been disrupted, unreliable, and difficult for cancer patients to endure to receive treatment. Each trip to Ceiba, Puerto Rico, for the cancer patient is an additional out-of-pocket expense ranging from $120 to $200. (4) The United States Military maintained a presence on the eastern and western portions of Vieques for close to 60 years, and used parts of the island as a training range during those years, dropping over 80 million tons of ordnance and other weaponry available to the United States military since World War II. (5) The unintended, unknown, and unavoidable consequences of these exercises were to expose Americans living on the islands to the residue of that weaponry which includes heavy metals and many other chemicals now known to harm human health. (6) According to Government and independent documentation, the island of Vieques has high levels of heavy metals and has been exposed to chemical weapons and toxic chemicals. Since the military activity in Vieques, island residents have suffered from the health impacts from long-term exposure to environmental contamination as a result of 62 years of military operations, and have experienced higher rates of certain diseases among residents, including cancer, cirrhosis, hypertension, diabetes, heavy metal diseases, along with many unnamed and uncategorized illnesses. These toxic residues have caused the American residents of Vieques to develop illnesses due to ongoing exposure. (7) In 2017, Vieques was hit by Hurricane Maria, an unusually destructive storm that devastated Puerto Rico and intensified the existing humanitarian crisis on the island by destroying existing medical facilities. (8) The medical systems in place prior to Hurricane Maria were unable to properly handle the health crisis that existed due to the toxic residue left on the island by the military's activities. (9) After Maria, the medical facility was closed due to damage and continues to be unable to perform even the few basic services that it did provide. Vieques needs a medical facility that can treat and address the critical and urgent need to get life-saving medical services to its residents. Due to legal restrictions, the Federal Emergency Management Agency (in this Act referred to as ``FEMA'') is unable to provide a hospital where its capabilities exceed the abilities of the facility that existed prior to Maria; therefore Vieques needs assistance to build a facility to manage the vast health needs of its residents. (10) Every American has benefitted from the sacrifices of those Americans who have lived and are living on Vieques and it is our intent to acknowledge that sacrifice and to treat those Americans with the same respect and appreciation that other Americans enjoy. (11) In 2012, the residents of Vieques were denied the ability to address their needs in Court due to sovereign immunity, Sanchez v. United States, No. 3:09-cv-01260-DRD (D.P.R.). However, the United States Court of Appeals for the First Circuit referred the issue to Congress and urged it to address the humanitarian crisis. This bill attempts to satisfy that request such that Americans living on Vieques have a remedy for the suffering they have endured. SEC. 3. SETTLEMENT OF CLAIMS AGAINST THE UNITED STATES FOR CERTAIN RESIDENTS OF THE ISLAND OF VIEQUES, PUERTO RICO. (a) In General.--An individual claimant who files a claim for compensation under this section with the Special Master, appointed pursuant to subsection (c), shall be awarded monetary compensation as described in subsection (b) if-- (1) the Special Master determines that the claimant is or was a resident, the child of a resident, or an immediate heir (as determined by the laws of Puerto Rico) of a deceased claimant on the island of Vieques, Puerto Rico, during or after the United States Government used the island of Vieques, Puerto Rico, for military readiness; (2) the claimant previously filed a lawsuit or an administrative claim, or files a claim not later than 120 days after the date of the enactment of this Act against the United States Government for personal injury, including illness or death arising from use by the United States Government of the island of Vieques for military readiness; and (3) the claimant submits to the Special Master written medical documentation that indicates the claimant contracted a chronic, life threatening, or physical or mental disease or illness, including cancer, hypertension, cirrhosis, kidney disease, diabetes, or a heavy metal poisoning during or after the United States Government used the island of Vieques, Puerto Rico, for military readiness. (b) Amounts of Award.-- (1) In general.--A claimant who meets the requirements of subsection (a) shall be awarded compensation as follows: (A) $10,000 for exposure in the case of a claimant who provides proof-- (i) of a previously filed lawsuit or administrative claim and not less than 5 years of residency on the island of Vieques, Puerto Rico; or (ii) that the claimant is the child of a parent who resided in Vieques, Puerto Rico, for not less than 5 years. (B) $50,000 for 1 disease described in subsection (a)(3). (C) $80,000 for 2 diseases described in subsection (a)(3). (D) $110,000 for 3 or more diseases described in subsection (a)(3). (2) Increase in award.--In the case that an individual receiving an award under paragraph (1) of this subsection contracts another disease under subsection (a)(3) and files a new claim with the Special Master for an additional award not later than 10 years after the date of the enactment of this Act, the Special Master may award the individual an amount that is equal to the difference between-- (A) the amount that the individual would have been eligible to receive had the disease been contracted before the individual filed an initial claim under subsection (a); and (B) the amount received by the individual pursuant to paragraph (1). (3) Deceased claimants.--In the case of an individual who dies before making a claim under this section or a claimant who dies before receiving an award under this section, any immediate heir to the individual or claimant, as determined by the laws of Puerto Rico, shall be eligible for 1 of the following awards: (A) Compensation in accordance with paragraph (1), divided among any such heir. (B) Compensation based on the age of the deceased as follows: (i) In the case of an individual or claimant who dies before attaining 20 years of age, $110,000, divided among any such heir. (ii) In the case of an individual or claimant who dies before attaining 40 years of age, $80,000, divided among any such heir. (iii) In the case of an individual or claimant who dies before attaining 60 years of age, $50,000, divided among any such heir. (c) Appointment of Special Master.-- (1) In general.--The Attorney General shall appoint a Special Master not later than 90 days after the date of the enactment of this Act to consider claims by individuals and the Municipality. (2) Qualifications.--The Attorney General shall consider the following in choosing the Special Master: (A) The individual's experience in the processing of victims' claims in relation to foreign or domestic governments. (B) The individual's balance of experience in representing the interests of the United States and individual claimants. (C) The individual's experience in matters of national security. (D) The individual's demonstrated abilities in investigation and fact findings in complex factual matters. (E) Any experience the individual has had advising the United States Government. (d) Award Amounts Related to Claims by the Municipality of Vieques.-- (1) Award.--The Special Master, in exchange for its administrative claims, shall provide the following as compensation to the Municipality of Vieques: (A) Staff.--The Special Master shall provide medical staff, and other resources necessary to build and operate a level three trauma center (in this section, referred to as ``medical facility'') with a cancer center and renal dialysis unit and its equipment. The medical facility shall be able to treat life threatening, chronic, heavy metal, and physical and mental diseases. The medical facility shall be able to provide basic x-ray, EKG, internal medicine expertise, medical coordination personnel and case managers, ultrasound, and resources necessary to screen residents for cancer and the other prevailing health problems. (B) Operations.--The Special Master shall fund the operations of the medical facility to provide medical care for pediatric and adult patients who reside on the island of Vieques, allowing the patients to be referred for tertiary and quaternary health care facilities when necessary, and providing the transportation and medical costs when traveling off the island of Vieques, until such time as medical testing establishes that the disease levels are reduced to the average in the United States. (C) Administrative expertise.--The Special Master shall ensure that the Administrator of FEMA provides all administrative and technical expertise and oversight in the bidding and construction of the facility but the design and abilities of the hospital shall be determined by the Special Master considering the medical and research needs of the residents of the island of Vieques. All costs shall be part of the municipality's compensation. (D) Interim services.--Before the medical facility on the island of Vieques is operational, the Special Master shall provide-- (i) urgent health care air transport to hospitals on the mainland of Puerto Rico from the island of Vieques; (ii) medical coordination personnel and case managers; (iii) telemedicine communication abilities; and (iv) any other services that are necessary to alleviate the health crisis on the island of Vieques. (E) Screening.--The Special Master shall make available, at no cost to the patient, medical screening for cancer, cirrhosis, diabetes, and heavy metal contamination on the island of Vieques. (F) Academic partner.--The Special Master shall appoint an academic partner, with appropriate experience and an established relationship with the Municipality of Vieques shall-- (i) lead a research and outreach endeavor on behalf of the Municipality of Vieques; (ii) select the appropriate scientific expertise and administer defined studies, conducting testing and evaluation of the soils, seas, plant and animal food sources, and the health of residents; and (iii) determine and implement the most efficient and effective way to reduce the environmental toxins to a level sufficient to return the soils, seas, food sources, and health circumstances to a level that reduces the diseases on the island of Vieques to the average in the United States. (G) Compensation.--The Special Master shall compensate the Municipality of Vieques for research conducted on behalf of the Municipality, before the date of the enactment of this Act, by universities, colleges, scientists, and doctors who have tested and evaluated the prevalence of toxic substances in the soil, food sources, and human populations. (H) Duties.--The Special Master shall provide amounts necessary for the academic partner and medical coordinator to carry out the duties described in subparagraphs (A) through (D). (I) Procurement.--The Special Master shall provide amounts necessary to compensate the Municipality of Vieques for-- (i) contractual procurement obligations and additional expenses incurred by the Municipality as a result of the enactment of this section and settlement of its claim; and (ii) any other damages and costs to be incurred by the Municipality, if the Special Master determines that it is necessary to carry out the purpose of this section. (J) Consulting firms.--The Special Master shall provide amounts necessary for the Special Master to contract with consulting firms for technical advice on any aspect of the Special Master's duties. (K) Power source.--The Special Master shall determine the best source of producing independent power on the island of Vieques that is hurricane resilient and can effectively sustain the needs of the island and shall authorize such construction as an award to the Municipality of Vieques. (2) Source.--Amounts awarded under this Act shall be made from amounts appropriated under section 1304 of title 31, United States Code, commonly known as the ``Judgment Fund'', as if claims were adjudicated by a United States District Court under section 1346(b) of title 28, United States Code. (3) Determination and payment of claims.-- (A) Establishment of filing procedures.--The Attorney General shall establish procedures whereby individuals and the Municipality may submit claims for payments under this section to the Special Master. (B) Determination of claims.--The Special Master shall, in accordance with this subsection, determine whether each claim meets the requirements of this section. Claims filed by residents of the island of Vieques that have been disposed of by a court under chapter 171 of title 28, United States Code, shall be treated as if such claims are currently filed. (e) Action on Claims.--The Special Master shall make a determination on any claim filed under the procedures established under this section not later than 150 days after the date on which the claim is filed. (f) Payment in Full Settlement of Claims by Individuals and the Municipality of Vieques Against the United States.--The acceptance by an individual or the Municipality of Vieques of a payment of an award under this section shall-- (1) be final and conclusive; (2) be deemed to be in full satisfaction of all claims under chapter 171 of title 28, United States Code; and (3) constitute a complete release by the individual or Municipality of such claim against the United States and against any employee of the United States acting in the scope of employment who is involved in the matter giving rise to the claim. (g) Certification of Treatment of Payments Under Other Laws.-- Amounts paid to an individual under this section-- (1) shall be treated for purposes of the laws of the United States as damages for human suffering; and (2) may not be included as income or resources for purposes of determining eligibility to receive benefits described in section 3803(c)(2)(C) of title 31, United States Code, or the amount of such benefits. <all>

Vieques Recovery and Redevelopment Act of 2021

To provide compensation to certain residents of the island of Vieques, Puerto Rico, for the use of such island for military readiness, and for other purposes.

Vieques Recovery and Redevelopment Act of 2021

Resident Commissioner González-Colón, Jenniffer

R

PR

S.5172

Government Operations and Politics

This bill designates the Department of Energy Integrated Engineering Research Center Federal Building located at the Fermi National Accelerator Laboratory in Batavia, Illinois, as the Helen Edwards Engineering Research Center.

To designate the Department of Energy Integrated Engineering Research Center Federal Building located at the Fermi National Accelerator Laboratory in Batavia, Illinois, as the ``Helen Edwards Engineering Research Center''. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. HELEN EDWARDS ENGINEERING RESEARCH CENTER. (a) Designation.--The Department of Energy Integrated Engineering Research Center Federal Building located at the Fermi National Accelerator Laboratory in Batavia, Illinois, shall be known and designated as the ``Helen Edwards Engineering Research Center''. (b) References.--Any reference in a law, map, regulation, document, paper, or other record of the United States to the Federal Building referred to in subsection (a) shall be deemed to be a reference to the ``Helen Edwards Engineering Research Center''. <all>

A bill to designate the Department of Energy Integrated Engineering Research Center Federal Building located at the Fermi National Accelerator Laboratory in Batavia, Illinois, as the "Helen Edwards Engineering Research Center".

A bill to designate the Department of Energy Integrated Engineering Research Center Federal Building located at the Fermi National Accelerator Laboratory in Batavia, Illinois, as the "Helen Edwards Engineering Research Center".

Official Titles - Senate Official Title as Introduced A bill to designate the Department of Energy Integrated Engineering Research Center Federal Building located at the Fermi National Accelerator Laboratory in Batavia, Illinois, as the "Helen Edwards Engineering Research Center".

Sen. Durbin, Richard J.

D

IL

H.R.193

International Affairs

Unaccompanied Alien Children Assistance Control Act This bill directs the President to reduce foreign assistance to El Salvador, Guatemala, and Honduras based on how many unaccompanied alien children from each of those countries are placed in custody for immigration status. For each unaccompanied alien child placed in custody who is a citizen or national of one of these countries, the President shall reduce assistance to that country by $30,000 the following fiscal year.

To reduce the amount of foreign assistance to El Salvador, Guatemala, and Honduras based on the number of unaccompanied alien children who are nationals or citizens of such countries and who in the preceding fiscal year are placed in Federal custody by reason of their immigration status. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Unaccompanied Alien Children Assistance Control Act''. SEC. 2. FINDINGS. Congress finds the following: (1) Gang violence, poverty, and corruption are the main drivers of illegal immigration from El Salvador, Guatemala, and Honduras to the United States. (2) According to an independent task force report by the Atlantic Council's Latin America Center-- (A) systemic corruption stagnates economic growth; (B) eight in ten poll respondents see corruption as widespread; (C) citizens in El Salvador, Guatemala, and Honduras do not trust the government institutions responsible for curtailing corruption; and (D) investigations have revealed massive networks dedicated to co-opting public funds for the personal enrichment of government officials. (3) There exists the potential for foreign assistance from the United States to be misused by central government officials in El Salvador, Guatemala, and Honduras in order to reduce the success of anti-corruption efforts. (4) Systemic corruption in El Salvador, Guatemala, and Honduras undermines efforts to address the driving causes of illegal immigration into the United States from such countries. (5) The United States provided more than $2,600,000,000 in foreign assistance to Central American countries during fiscal years 2015 through 2018, and Congress appropriated over $500,000,000 in such assistance for fiscal year 2019. (6) For the past 5 fiscal years, 225,463 unaccompanied alien children from El Salvador, Guatemala, and Honduras were referred to the Office of Refugee Resettlement (ORR) of the Department of Health and Human Services, an average of 45,092 per year. (7) On average, providing care for unaccompanied alien children in ORR custody costs $500 per child, per day. (8) In fiscal year 2018, the average length of stay in ORR custody for an unaccompanied alien child was 60 days. (9) On average, the total cost of care for an unaccompanied alien child in ORR custody is $30,000 per child and $1,352,760,000 per year for all children. SEC. 3. REDUCTION OF AMOUNT OF FOREIGN ASSISTANCE TO EL SALVADOR, GUATEMALA, AND HONDURAS. (a) In General.--The President shall reduce from amounts made available under the Foreign Assistance Act of 1961 or any other Act and allocated for a covered country for a fiscal year an amount equal to-- (1) the number of unaccompanied alien children who-- (A) are nationals or citizens of the covered country; and (B) in the preceding fiscal year are placed in Federal custody by reason of their immigration status; multiplied by (2) $30,000. (b) Definitions.--In this section-- (1) the term ``covered country'' means El Salvador, Guatemala, or Honduras; and (2) the term ``unaccompanied alien child'' has the meaning given the term in section 462(g)(2) of the Homeland Security Act of 2002 (6 U.S.C. 279(g)(2)). (c) Effective Date.--This Act takes effect on the date of the enactment of this Act and applies with respect to amounts made available under the Foreign Assistance Act of 1961 or any other Act for fiscal year 2022 and each subsequent fiscal year. <all>

Unaccompanied Alien Children Assistance Control Act

To reduce the amount of foreign assistance to El Salvador, Guatemala, and Honduras based on the number of unaccompanied alien children who are nationals or citizens of such countries and who in the preceding fiscal year are placed in Federal custody by reason of their immigration status.

Unaccompanied Alien Children Assistance Control Act

Rep. Burgess, Michael C.

R

TX

S.4515

Energy

No Emergency Crude Oil for Foreign Adversaries Act This bill prohibits exports of crude oil from the Strategic Petroleum Reserve (SPR) to China, Russia, North Korea, and Iran. Specifically, the bill directs the Department of Energy (DOE) to require as a condition of any sale of crude oil from the SPR that the oil not be exported to such countries. However, DOE may issue a waiver of the prohibition if the sale of crude oil is in the national security interests of the United States. In addition, DOE must report on (1) the route to destination and place of refinement of all crude oil sold at auction from the SPR since November 23, 2021, and (2) the ownership of the refinement facilities at which such crude oil was refined.

To require the Secretary of Energy to stipulate, as a condition on the sale at auction of any crude oil from the Strategic Petroleum Reserve, that the crude oil not be exported to certain countries, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``No Emergency Crude Oil for Foreign Adversaries Act''. SEC. 2. CONDITION ON AUCTION OF CRUDE OIL FROM THE STRATEGIC PETROLEUM RESERVE. (a) Definitions.--In this section: (1) Bidder.--The term ``bidder'' means an individual or entity bidding or intending to bid at an auction of crude oil from the Strategic Petroleum Reserve. (2) Secretary.--The term ``Secretary'' means the Secretary of Energy. (3) Strategic petroleum reserve.--The term ``Strategic Petroleum Reserve'' means the Strategic Petroleum Reserve established under part B of title I of the Energy Policy and Conservation Act (42 U.S.C. 6231 et seq.). (b) Prohibition on Export of SPR Crude Oil to Certain Countries.-- (1) In general.--Notwithstanding any other provision of law, including section 161 of the Energy Policy and Conservation Act (42 U.S.C. 6241), and subject to paragraph (2), with respect to the drawdown and sale at auction of any crude oil from the Strategic Petroleum Reserve after the date of enactment of this Act, the Secretary shall require, as a condition of any such sale, that the crude oil not be exported to-- (A) the People's Republic of China; (B) the Russian Federation; (C) the Democratic People's Republic of Korea; or (D) the Islamic Republic of Iran. (2) Waiver.-- (A) In general.--On application by a bidder, the Secretary may waive, prior to the date of the applicable auction, the condition described in paragraph (1) with respect to the sale of crude oil to that bidder at that auction. (B) Requirement.--The Secretary may issue a waiver under subparagraph (A) only if the Secretary determines that the waiver is in the interest of the national security of the United States. (C) Applications.-- (i) In general.--A bidder desiring a waiver under subparagraph (A) shall submit to the Secretary an application-- (I) not later than the date that is 30 days before the date of the applicable auction; and (II) in such form and containing such information as the Secretary may require. (ii) Deadline for decision.--The Secretary shall determine whether to approve or deny an application submitted under clause (i) by the date that is 30 days after the date on which the application is submitted. (c) Report.--Not later than 180 days after the date of enactment of this Act, the Secretary shall submit to the Committee on Energy and Natural Resources of the Senate and the Committees on Energy and Commerce and Natural Resources of the House of Representatives a report describing-- (1) the route to destination and place of refinement of all crude oil sold at auction from the Strategic Petroleum Reserve since November 23, 2021; and (2) the ownership of the refinement facilities at which crude oil described in paragraph (1) was refined. <all>

No Emergency Crude Oil for Foreign Adversaries Act

A bill to require the Secretary of Energy to stipulate, as a condition on the sale at auction of any crude oil from the Strategic Petroleum Reserve, that the crude oil not be exported to certain countries, and for other purposes.

No Emergency Crude Oil for Foreign Adversaries Act

Sen. Cruz, Ted

R

TX

S.4223

Armed Forces and National Security

Veterans' Compensation Cost-of-Living Adjustment Act of 2022 This bill requires the Department of Veterans Affairs (VA) to increase the amounts payable for wartime disability compensation, additional compensation for dependents, the clothing allowance for certain disabled veterans, and dependency and indemnity compensation for surviving spouses and children. Specifically, the VA must increase the amounts by the same percentage as the cost-of-living increase in benefits for Social Security recipients that is effective on December 1, 2022. The bill requires the VA to publish the amounts payable, as increased, in the Federal Register. The VA is authorized to make a similar adjustment to the rates of disability compensation payable to persons who have not received compensation for service-connected disability or death.

To increase, effective as of December 1, 2022, the rates of compensation for veterans with service-connected disabilities and the rates of dependency and indemnity compensation for the survivors of certain disabled veterans, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Veterans' Compensation Cost-of- Living Adjustment Act of 2022''. SEC. 2. INCREASE IN RATES OF DISABILITY COMPENSATION AND DEPENDENCY AND INDEMNITY COMPENSATION. (a) Rate Adjustment.--Effective on December 1, 2022, the Secretary of Veterans Affairs shall increase, in accordance with subsection (c), the dollar amounts in effect on November 30, 2022, for the payment of disability compensation and dependency and indemnity compensation under the provisions specified in subsection (b). (b) Amounts To Be Increased.--The dollar amounts to be increased pursuant to subsection (a) are the following: (1) Wartime disability compensation.--Each of the dollar amounts under section 1114 of title 38, United States Code. (2) Additional compensation for dependents.--Each of the dollar amounts under section 1115(1) of such title. (3) Clothing allowance.--The dollar amount under section 1162 of such title. (4) Dependency and indemnity compensation to surviving spouse.--Each of the dollar amounts under subsections (a) through (d) of section 1311 of such title. (5) Dependency and indemnity compensation to children.-- Each of the dollar amounts under sections 1313(a) and 1314 of such title. (c) Determination of Increase.--Each dollar amount described in subsection (b) shall be increased by the same percentage as the percentage by which benefit amounts payable under title II of the Social Security Act (42 U.S.C. 401 et seq.) are increased effective December 1, 2022, as a result of a determination under section 215(i) of such Act (42 U.S.C. 415(i)). (d) Special Rule.--The Secretary of Veterans Affairs may adjust administratively, consistent with the increases made under subsection (a), the rates of disability compensation payable to persons under section 10 of Public Law 85-857 (72 Stat. 1263) who have not received compensation under chapter 11 of title 38, United States Code. SEC. 3. PUBLICATION OF ADJUSTED RATES. The Secretary of Veterans Affairs shall publish in the Federal Register the amounts specified in section 2(b), as increased under that section, not later than the date on which the matters specified in section 215(i)(2)(D) of the Social Security Act (42 U.S.C. 415(i)(2)(D)) are required to be published by reason of a determination made under section 215(i) of such Act during fiscal year 2023. <all>

Veterans’ Compensation Cost-of-Living Adjustment Act of 2022

A bill to increase, effective as of December 1, 2022, the rates of compensation for veterans with service-connected disabilities and the rates of dependency and indemnity compensation for the survivors of certain disabled veterans, and for other purposes.

Veterans’ Compensation Cost-of-Living Adjustment Act of 2022

Sen. Tester, Jon

D

MT

H.R.1336

Crime and Law Enforcement

National Statistics on Deadly Force Transparency Act of 2021 This bill establishes a framework to require law enforcement agencies to collect data on the use of deadly force by law enforcement officers. Specifically, it requires federal, state, and local law enforcement agencies to collect, compile, and submit to the Department of Justice's (DOJ's) Bureau of Justice Statistics data on the use of deadly force by law enforcement officers. DOJ must reduce by 10% the allocation of funds under the Edward Byrne Memorial Justice Assistance Grant Program for a state or local government that fails to substantially comply.

To require the Attorney General to issue rules pertaining to the collection and compilation of data on the use of deadly force by law enforcement officers. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``National Statistics on Deadly Force Transparency Act of 2021''. SEC. 2. ATTORNEY GENERAL TO ISSUE REGULATIONS. (a) Regulations.--Not later than 6 months after the date of enactment of this Act, the Attorney General, in consultation with stakeholders, including Federal, State, and local law enforcement agencies and community, professional, research, and civil rights organizations, shall issue regulations for the collection and compilation of data pertaining to the use of deadly force by Federal, State, or local law enforcement officers. (b) Requirements.--The regulations issued under subsection (a) shall-- (1) require the collection of data on all instances wherein deadly force was used by a Federal, State, or local law enforcement officer; (2) require that the data collected shall-- (A) include identifying characteristics of the person who was the target of the use of deadly force and the officer who used deadly force, including-- (i) race or ethnicity; (ii) gender; (iii) approximate age; and (iv) the actual or perceived religious affiliation; (B) include the date, time, and location of such use of deadly force; (C) include the alleged criminal activity of the person who was the target of the use of deadly force; (D) include the nature of the deadly force used, including the use of a firearm; (E) include an explanation, if any, from the relevant law enforcement agency on why deadly force was used; (F) include a copy of any use of deadly force guidelines in effect at the relevant law enforcement agency at the time deadly force was used; (G) include a description of any non-lethal efforts employed to apprehend or subdue the person who was the target of the use of deadly force before deadly force was used; and (H) not include personally identifiable information described in section 4; (3) provide that a standardized form shall be made available to law enforcement agencies for the submission of data collected pursuant to this Act to the Department of Justice; (4) require that law enforcement agencies compile data using the standardized form made available under paragraph (3), and submit the form to the Department of Justice Bureau of Justice Statistics and any other component of the Department of Justice that the Attorney General determines appropriate; and (5) require that law enforcement agencies shall maintain all data collected under this Act for not less than 4 years. SEC. 3. DUTIES OF THE BUREAU OF JUSTICE STATISTICS. The Department of Justice Bureau of Justice Statistics shall provide to Congress and make available to the public the data collected pursuant to this Act, excluding any personally identifiable information described in section 4. SEC. 4. LIMITATIONS ON PUBLICATION OF DATA. The name or identifying information of a law enforcement officer, person who was the target of the use of deadly force, or any other individual involved in any activity for which data is collected and compiled under this Act shall not be-- (1) released to the public; (2) disclosed to any person, except for-- (A) such disclosures as are necessary to comply with this Act; (B) disclosures of information regarding a particular person to that person; or (C) disclosures pursuant to litigation; or (3) subject to disclosure under section 552 of title 5, United States Code (commonly known as the Freedom of Information Act), except for disclosures of information regarding a particular person to that person. SEC. 5. BYRNE JAG GRANT REDUCED FOR FAILURE TO REPORT. In the case of a State or unit of local government that received a grant award under subpart 1 of part E of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3750 et seq.), if that State or unit of local government fails substantially to comply with the requirement under section 2 for a fiscal year, the Attorney General shall reduce the amount that would otherwise be awarded to that State or unit of local government under such grant program in the following fiscal year by 10 percent. <all>

National Statistics on Deadly Force Transparency Act of 2021

To require the Attorney General to issue rules pertaining to the collection and compilation of data on the use of deadly force by law enforcement officers.

National Statistics on Deadly Force Transparency Act of 2021

Rep. Cohen, Steve

D

TN

S.2213

Environmental Protection

Pensacola and Perdido Bays Estuary of National Significance Act of 2021 This bill revises the National Estuary Program to require the Environmental Protection Agency (EPA) to give priority consideration to selecting the Pensacola and Perdido Bays in Florida and Alabama as estuaries of national significance. Under the existing program, the EPA protects and restores the water quality and ecological integrity of estuaries of national significance.

To amend the Federal Water Pollution Control Act to require the Administrator of the Environmental Protection Agency to give priority consideration to selecting Pensacola and Perdido Bays as an estuary of national significance, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Pensacola and Perdido Bays Estuary of National Significance Act of 2021''. SEC. 2. PENSACOLA AND PERDIDO BAYS. Section 320(a)(2)(B) of the Federal Water Pollution Control Act (33 U.S.C. 1330(a)(2)(B)) is amended by striking ``and Lower Columbia River, Oregon and Washington'' and inserting ``Lower Columbia River, Oregon and Washington; and Pensacola and Perdido Bays, Florida and Alabama''. <all>

Pensacola and Perdido Bays Estuary of National Significance Act of 2021

A bill to amend the Federal Water Pollution Control Act to require the Administrator of the Environmental Protection Agency to give priority consideration to selecting Pensacola and Perdido Bays as an estuary of national significance, and for other purposes.

Pensacola and Perdido Bays Estuary of National Significance Act of 2021

Sen. Rubio, Marco

R

FL

S.3540

Finance and Financial Sector

This bill revises membership of the Board of Directors of the Federal Deposit Insurance Corporation. Currently, the Comptroller of the Currency and the Director of the Consumer Financial Protection Bureau have statutorily designated seats on the five-member board. The bill removes this requirement and bars any officer of either agency from holding seats on the board. Additionally, the bill revises the continuation of service requirements to limit a board member's service beyond the end of their term.

To amend the Federal Deposit Insurance Act to remove the Comptroller of the Currency and the Director of the Bureau of Consumer Financial Protection from the Board of Directors of the Federal Deposit Insurance Corporation, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. MANAGEMENT OF BOARD OF DIRECTORS OF FDIC. Section 2 of the Federal Deposit Insurance Act (12 U.S.C. 1812) is amended-- (1) in subsection (a), by striking paragraph (1) and inserting the following: ``(1) In general.--The management of the Corporation shall be vested in a Board of Directors consisting of 5 members who shall be appointed by the President, by and with the advice and consent of the Senate, from among individuals who are citizens of the United States, 1 of whom shall have State bank supervisory experience.''; (2) in subsection (c)-- (A) by striking paragraph (3) and inserting the following: ``(3) Continuation of service.--The Chairperson, Vice Chairperson, and each appointed member may continue to serve after the expiration of the term of office to which such member was appointed until the earlier of-- ``(A) the date on which a successor has been appointed and qualified; or ``(B) the date on which the next session of Congress subsequent to the expiration of such term expires.''; and (B) by adding at the end the following: ``(4) Limitation.--No appointed member shall serve more than 12 years-- ``(A) including any service described in paragraph (2); and ``(B) not including any service described in paragraph (3).''; (3) by striking subsection (d) and inserting the following: ``(d) Vacancy.--Any vacancy on the Board of Directors shall be filled in the manner in which the original appointment was made.''; (4) in subsection (e)(2)-- (A) in subparagraph (A), by striking ``or'' at the end; (B) in subparagraph (B), by striking the period at the end and inserting ``; or''; and (C) by adding at the end the following: ``(C) be the Director or any other officer of the Bureau of Consumer Financial Protection; or ``(D) be the Comptroller of the Currency or any other officer of the Office of the Comptroller of the Currency.''; and (5) in subsection (f)-- (A) by striking paragraph (2); and (B) by redesignating paragraph (3) as paragraph (2). <all>

A bill to amend the Federal Deposit Insurance Act to remove the Comptroller of the Currency and the Director of the Bureau of Consumer Financial Protection from the Board of Directors of the Federal Deposit Insurance Corporation, and for other purposes.

A bill to amend the Federal Deposit Insurance Act to remove the Comptroller of the Currency and the Director of the Bureau of Consumer Financial Protection from the Board of Directors of the Federal Deposit Insurance Corporation, and for other purposes.

Official Titles - Senate Official Title as Introduced A bill to amend the Federal Deposit Insurance Act to remove the Comptroller of the Currency and the Director of the Bureau of Consumer Financial Protection from the Board of Directors of the Federal Deposit Insurance Corporation, and for other purposes.

Sen. Scott, Tim

R

SC

H.R.42

Law

Judicial Administration and Improvement Act of 2021 This bill divides the U.S. Court of Appeals for the Ninth Circuit into two judicial circuits: (1) the Ninth Circuit, and (2) a new Twelfth Circuit. The Ninth Circuit is composed of California, Guam, Hawaii, Oregon, Washington, and Northern Mariana Islands. The new Twelfth Circuit is composed of Alaska, Arizona, Idaho, Montana, and Nevada.

To amend title 28, United States Code, to divide the ninth judicial circuit of the United States into 2 circuits, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Judicial Administration and Improvement Act of 2021''. SEC. 2. DEFINITIONS. In this Act: (1) Former ninth circuit.--The term ``former ninth circuit'' means the ninth judicial circuit of the United States as in existence on the day before the effective date of this Act. (2) New ninth circuit.--The term ``new ninth circuit'' means the ninth judicial circuit of the United States established by the amendment made by section 3. (3) Twelfth circuit.--The term ``twelfth circuit'' means the twelfth judicial circuit of the United States established by the amendment made by section 3. SEC. 3. NUMBER AND COMPOSITION OF CIRCUITS. Section 41 of title 28, United States Code, is amended-- (1) in the matter preceding the table, by striking ``thirteen'' and inserting ``fourteen''; and (2) in the table-- (A) by striking the item relating to the ninth circuit and inserting the following: ``Ninth........................ California, Hawaii, Oregon, Washington, Guam, Northern Mariana Islands.''; and (B) by inserting after the item relating to the eleventh circuit the following: ``Twelfth...................... Alaska, Arizona, Idaho, Montana, Nevada.''. SEC. 4. NUMBER OF CIRCUIT JUDGES. The table contained in section 44(a) of title 28, United States Code, is amended-- (1) by striking the item relating to the ninth circuit and inserting the following: ``Ninth......................................................... 21''; and (2) by inserting after the item relating to the eleventh circuit the following: ``Twelfth....................................................... 8''. SEC. 5. PLACES OF CIRCUIT COURT. The table contained in section 48(a) of title 28, United States Code, is amended by inserting after the item relating to the eleventh circuit the following: ``Twelfth...................... Las Vegas, Phoenix, Anchorage, Missoula.''. SEC. 6. ELECTION OF ASSIGNMENT OF CIRCUIT JUDGES. (a) In General.--Each circuit judge of the former ninth circuit who is in regular active service and whose official duty station on the day before the effective date of this Act-- (1) is in California, Oregon, Washington, Guam, Hawaii, or the Northern Mariana Islands shall be a circuit judge of the new ninth circuit as of such effective date; and (2) subject to subsection (b), is in Alaska, Arizona, Idaho, Montana, or Nevada, shall be a circuit judge of the twelfth circuit as of such effective date. (b) Election by Certain Circuit Judges.--A circuit judge in regular active service as described in subsection (a)(2) may elect to be permanently assigned to the new ninth circuit as of such effective date by notifying the Director of the Administrative Office of the United States Courts of such election. (c) Vacancies.--For each individual serving in the position of circuit judge of the former ninth circuit whose official duty station on the day before the effective date of this Act is in Alaska, Arizona, Idaho, Montana, or Nevada, after the date on which such individual ceases to serve as a circuit judge, the President shall appoint, by and with the advice and consent of the Senate, 1 additional circuit judge for the twelfth circuit, without regard to whether such individual makes an election described in subsection (b). SEC. 7. ELECTION OF ASSIGNMENT BY SENIOR JUDGES. Each judge who is a senior circuit judge of the former ninth circuit, whose official duty station on the day before the effective date of this Act is in Alaska, Arizona, Idaho, Montana, or Nevada, may elect to be assigned to the new ninth circuit or the twelfth circuit as of such effective date and shall notify the Director of the Administrative Office of the United States Courts of such election. SEC. 8. AUTHORIZATION OF TEMPORARY JUDGESHIPS. (a) In General.--For each circuit judge in regular active service who elects to be assigned to the new ninth circuit under section 6(b), the President shall appoint, by and with the advice and consent of the Senate, 1 additional circuit judge for the twelfth circuit, resident in the duty station of the circuit judge making the election as of the day before the effective date of this Act. (b) Vacancies.--For each appointment made under subsection (a) for the twelfth circuit, an equal number of corresponding vacancies in the position of circuit judge for the twelfth circuit shall not be filled. SEC. 9. SENIORITY OF JUDGES. (a) In General.--The seniority of each judge-- (1) who elects to be assigned to the twelfth circuit under section 6(b); (2) who elects to be assigned to the new ninth circuit under section 6(b); or (3) who elects to be assigned to the twelfth circuit under section 7, shall run from the date of commission of such judge as a judge of the former ninth circuit. (b) Temporary Twelfth Circuit Judges.--The seniority of each judge appointed under section 8(a) shall run from the date of commission of such judge as a judge of the twelfth circuit. SEC. 10. APPLICATION TO CASES. The following apply to any case in which, on the day before the effective date of this Act, an appeal or other proceeding has been filed with the former ninth circuit: (1) Except as provided in paragraph (3), if the matter has been submitted for decision, further proceedings with respect to the matter shall be had in the same manner and with the same effect as if this Act had not been enacted. (2) If the matter has not been submitted for decision, the appeal or proceeding, together with the original papers, printed records, and record entries duly certified, shall, by appropriate orders, be transferred to the court to which the matter would have been submitted had this Act been in full force and effect on the date on which such appeal was taken or other proceeding commenced, and further proceedings with respect to the case shall be had in the same manner and with the same effect as if the appeal or other proceeding had been filed in such court. (3) If a petition for rehearing en banc is pending on or after the effective date of this Act, the petition shall be considered by the court of appeals to which the petition would have been submitted had this Act been in full force and effect on the date on which the appeal or other proceeding was filed with the court of appeals. SEC. 11. ADMINISTRATION. (a) In General.--The court of appeals for the ninth circuit as constituted on the day before the effective date of this Act may take such administrative action as may be required to carry out this Act and the amendments made by this Act. (b) Administrative Termination.--The court described in subsection (a) shall cease to exist for administrative purposes 2 years after the effective date of this Act. SEC. 12. EFFECTIVE DATE. This Act and the amendments made by this Act shall take effect 1 year after the date of enactment of this Act. SEC. 13. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated such sums as may be necessary to carry out this Act and the amendments made by this Act, including such sums as may be necessary to provide appropriate space and facilities for any judicial positions created by this Act or an amendment made by this Act. <all>

Judicial Administration and Improvement Act of 2021

To amend title 28, United States Code, to divide the ninth judicial circuit of the United States into 2 circuits, and for other purposes.

Judicial Administration and Improvement Act of 2021

Rep. Biggs, Andy

R

AZ

S.869

Commerce

National Manufacturing Guard Act This bill addresses the manufacturing of critical resources (e.g., supplies that are life-sustaining or otherwise critical to U.S. national security). The bill establishes the Office of Supply Chain Preparedness within the Department of Commerce, the Supply Chain Advisory Council, and the National Manufacturing Guard within the office to be activated during a crisis to procure, manufacture, and distribute critical resources. The office must establish the Supply Chain Data Exchange to account for critical resources, measure the manufacturing ability of industry partners, and plan the distribution of such resources. The bill also establishes the Manufacturing Corps to provide workforce training for manufacturing skills deemed essential to the economic security of the United States.

To establish the Office of Supply Chain Preparedness within the Department of Commerce to manage the partnership of the United States with private industry and State and local governments with respect to the manufacturing of critical resources, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``National Manufacturing Guard Act''. SEC. 2. SENSE OF CONGRESS. It is the sense of Congress that-- (1) the COVID-19 pandemic has-- (A) exposed significant vulnerabilities in the manufacturing sector of the economy of the United States; and (B) led to equipment shortages, supply chain bottlenecks, and workforce misalignments; (2) the vulnerabilities described in paragraph (1) go largely unnoticed until those vulnerabilities are revealed by crises, such as disease outbreaks, cyber attacks, natural disasters, national security threats, wars, trade wars, embargoes, and other emergencies; (3) the crises described in paragraph (2) produce valuable information, the collection and analysis of which can inform policies to fortify the economy of the United States against future threats; (4) the responsibility for promoting the economic resilience of the United States lies with the Federal Government, which must not miss the opportunity presented by the COVID-19 pandemic to learn from that crisis and prepare the United States to better withstand future emergencies; and (5) the Federal Government has an interest in increasing educational and training opportunities for underrepresented minorities, women, and veterans. SEC. 3. DEFINITIONS. In this Act: (1) Council.--The term ``Council'' means the Supply Chain Advisory Council established under section 5. (2) Crisis.--The term ``crisis'' means a situation that threatens the ability of manufacturers and supply chains in the United States to provide sufficient critical resources. (3) Critical resources.--The term ``critical resources''-- (A) means supplies that-- (i) are life-sustaining or otherwise critical to the national security of the United States; and (ii) may be subject to national shortages during a pandemic, cyber attack, natural disaster, or other catastrophic event; and (B) includes items classified as-- (i) personal protective equipment; (ii) pharmaceuticals or biopharmaceuticals; (iii) medical supplies; or (iv) other resources to be determined by the Director, in consultation with the Council, which may include healthcare-related supplies or other supplies. (4) Data exchange.--The term ``Data Exchange'' means the Supply Chain Data Exchange established under section 7. (5) Director.--The term ``Director'' means the Director of the Office. (6) Guard.--The term ``Guard'' means the National Manufacturing Guard established under section 6. (7) Host organization.--The term ``host organization'' means an entity that-- (A) offers an apprenticeship with respect to which there is a registered apprenticeship program (as defined in section 29.2 of title 29, Code of Federal Regulations, or any successor regulation); and (B) is-- (i) a business; (ii) an industry consortium or trade group; (iii) a Manufacturing USA institute; (iv) an MEP center; (v) an academic or research institute, or (vi) a labor organization. (8) Industry partner.--The term ``industry partner'' means a manufacturer, producer, supplier, or distributor of a critical resource. (9) Manufacturing corps.--The term ``Manufacturing Corps'' means the Manufacturing Corps established under section 8. (10) Manufacturing usa institute.--The term ``Manufacturing USA institute'' means an institute described in section 34(d) of the National Institute of Standards and Technology Act (15 U.S.C. 278s(d)). (11) MEP center.--The term ``MEP center'' has the meaning given the term ``Center'' in section 25(a) of the National Institute of Standards and Technology Act (15 U.S.C. 278k(a)). (12) Office.--The term ``Office'' means the Office of Supply Chain Preparedness established under section 4. (13) Registered apprenticeship.--The term ``registered apprenticeship''-- (A) means an apprenticeship with a host organization for which there is a registration of an apprenticeship agreement (as defined in section 29.2 of title 29, Code of Federal Regulations, or any successor regulation); and (B) does not include an apprenticeship under an Industry-Recognized Apprenticeship Program under subpart B of part 29 of title 29, Code of Federal Regulations, or any successor regulation. (14) Secretary.--The term ``Secretary'' means the Secretary of Commerce. SEC. 4. OFFICE OF SUPPLY CHAIN PREPAREDNESS. (a) Establishment.--There is established within the Department of Commerce the Office of Supply Chain Preparedness. (b) Director.--The Office shall be headed by a Director, to be appointed by the Secretary. (c) Purpose.--The purpose of the Office shall be to-- (1) establish and manage the partnerships of the Federal Government with industry partners and State, local, territorial, and Tribal governments to respond to crises; (2) develop capabilities to-- (A) determine which resources qualify as critical resources; (B) make the supply of critical resources more resilient; and (C) coordinate the distribution of critical resources to areas that have the greatest needs during a crisis; and (3) develop contingency plans to ensure a robust supply chain response for potential crises. (d) Duties.--The Director shall-- (1) determine-- (A) the responsibilities of members of the Council; and (B) the procedures governing the service of members of the Council; (2) establish procedures relating to the operation of the Council, including the frequency with which the Council meets; (3) identify critical vulnerabilities in the supply chains of critical resources, including vulnerabilities exacerbated by the COVID-19 pandemic; (4) coordinate the preparedness and response of the supply chains of critical resources during a crisis by-- (A) coordinating with Federal agencies; (B) managing partnerships of the Federal Government with industry partners; and (C) directing the Guard; (5) direct the establishment and operations of the Guard, the Data Exchange, and the Manufacturing Corps; and (6) maintain collaborations with industry partners that contribute to the Data Exchange. (e) Reports.-- (1) Report on director.--Not later than 30 days after the date of enactment of this Act, the Secretary shall submit to Congress a report relating to the appointment of the Director. (2) Report on council.--Not later than 180 days after the date of enactment of this Act, the Director shall submit to Congress a report that-- (A) identifies the members of the Council; and (B) states, with respect to the members of the Council-- (i) the respective areas of expertise of the members; and (ii) the expected roles of the members. (3) Report on activities.--Not later than 1 year after the date of enactment of this Act, the Director shall submit to Congress a report that includes-- (A) a summary of the activities of the Council and the Office; and (B) a preliminary plan for-- (i) the establishment of the Guard, the Data Exchange, and the Manufacturing Corps, including cost estimates, preliminary timelines, and expected resource needs; and (ii) carrying out the responsibilities of the Director under sections 6, 7, and 8. (4) Annual report.--Not later than 2 years after the date of enactment of this Act, and annually thereafter, the Council shall submit to Congress a report that includes-- (A) a list of resources that the Director has determined to be critical resources and the justification for the determination; (B) a list of manufacturing and supply chain vulnerabilities identified under subsection (d)(3); and (C) recommendations for mitigating the vulnerabilities listed under subparagraph (B). (f) Staff.--The Director may appoint staff to manage the operations of the Office and the Council. SEC. 5. SUPPLY CHAIN ADVISORY COUNCIL. (a) Establishment.--The Secretary shall establish the Supply Chain Advisory Council. (b) Purpose.--The purpose of the Council is to advise the Director on manufacturing and supply chain logistics that would be necessary to direct the response of the supply chain of the United States during a crisis. (c) Composition.-- (1) In general.--The Council shall be comprised of the following members: (A) A representative of the Department of Health and Human Services, who shall be appointed by the Secretary of Health and Human Services. (B) A representative of the Department of Homeland Security, who shall be appointed by the Secretary of Homeland Security. (C) A representative of the Department of Defense, who shall be appointed by the Secretary of Defense. (D) A representative of the Department of Energy, who shall be appointed by the Secretary of Energy. (E) A representative of the Department of Transportation, who shall be appointed by the Secretary of Transportation. (F) A representative of the United States International Trade Commission, who shall be appointed by the Chair of the United States International Trade Commission. (G) A representative of the Department of State, who shall be appointed by the Secretary of State. (H) A representative of the Office of the Director of National Intelligence, who shall be appointed by the Director of National Intelligence. (I) The director of a Manufacturing USA institute, who shall be appointed by the Secretary. (J) The director of an MEP center, who shall be appointed by the Secretary. (K) A representative of State governments, who shall be appointed by the Secretary in, consultation with Governors of States; (L) Not less than 1 representative of a local, territorial, or Tribal government, who shall be appointed by the Secretary. (M) Not less than 3 manufacturing or supply chain experts, who shall be appointed by the Secretary and represent each of, respectively-- (i) private industry; (ii) labor organizations; and (iii) research institutions. (2) Additional members.--The Secretary may appoint additional members to the Council on a rotating or permanent basis. (3) Status.--The members of the Council appointed under subparagraphs (K), (L), and (M) of paragraph (1) shall serve as special Government employees (as defined in section 202 of title 18, United States Code). (d) Duties.--The Council shall-- (1) convene according to a schedule established by the Director; and (2) advise the Director on carrying out the duties of the Director under section 4(d). (e) Permanence.--Section 14 of the Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Council. SEC. 6. NATIONAL MANUFACTURING GUARD. (a) Establishment.-- (1) In general.--There is established within the Office the National Manufacturing Guard. (2) Eligibility requirements.--The Director shall establish eligibility requirements for membership in the Guard, which may include-- (A) experience or expertise in manufacturing or logistics; (B) holding a senior-level position in a manufacturing or supply chain organization; and (C) direct experience in manufacturing and supply chain operations. (3) Size and organization.--The Director, in consultation with the Council, shall establish-- (A) the size of the Guard; (B) the organization of the Guard; and (C) the target skillsets of members of the Guard. (b) Training.-- (1) In general.--The Director, in consultation with the Council, shall establish a training program for members of the Guard to ensure the readiness of members to perform the duties of the Guard. (2) Remote training.--A portion of the training program established under paragraph (1) may be conducted remotely to prepare for crises that may prevent the Guard from convening in a single physical location. (3) Crisis simulation.--Not less frequently than annually, the Director shall hold a full-time training program during which each member of the Guard, the Director, and the Council simulate a response to a crisis over a period of not less than 7 days. (c) Activation.-- (1) In general.--The Director may activate members of the Guard-- (A) during a crisis for the purpose of providing expertise and labor to promote the ability of the United States to procure, manufacture, and distribute critical resources; and (B) to perform full-time training programs under subsection (b)(3). (2) Full-time service.--Upon an activation under subparagraph (A), the Director may compel members of the Guard to active, full-time service. (3) Duties.--If the Director activates the Guard under paragraph (1), the Guard may-- (A) share best practices across industry partners; (B) coordinate the manufacturing efforts of industry partners; (C) provide technical assistance to industry partners; (D) procure raw materials or supplies; (E) facilitate communications between industry partners; (F) provide logistics support in the delivery of critical resources; (G) identify suppliers of scarce critical resources; (H) coordinate between private industry, MEP centers, and Manufacturing USA institutes; and (I) conduct any other activities that help provide critical resources to areas of greatest need, as determined by the Director, in consultation with the Council. (d) Compensation.--The Director may provide compensation to members of the Guard at rates to be fixed by the Secretary without regard to any other law, including any provision of title 5, United States Code, and any rule issued under that title. (e) Participation Incentives.--The Director may establish incentives to encourage industry partners to employ members of the Guard. (f) Office of Personnel Management.--The Secretary, in coordination with the Director of the Office of Personnel and Management, shall establish procedures with respect to the appointment of members of the Guard and the conditions of employment with respect to those members. SEC. 7. SUPPLY CHAIN DATA EXCHANGE. (a) Establishment.-- (1) In general.--Not later than 1 year after the date of enactment of this Act, the Director shall develop a plan to establish the Supply Chain Data Exchange. (2) Purpose.--The purpose of the Data Exchange shall be to-- (A) allow the Director to-- (i) take account of-- (I) critical resources that have been recently manufactured, imported, or distributed; and (II) the ability of industry partners to manufacture critical resources; and (ii) plan the flow of critical resources during a crisis; (B) provide the Director with an understanding of the volume of critical resources provided by industry partners to enable the Director to develop plans to-- (i) direct the Guard to assist industry partners in increasing the production capacity of critical resources; (ii) alleviate supply chain bottlenecks; (iii) allocate supplies of the Federal Government to the areas of greatest need; and (iv) coordinate between manufacturers and distributors to mitigate scarcity of critical resources; (C) allow the Director to predict local or national scarcity of critical resources for the duration of a crisis; and (D) enable the Director to direct the Guard or collaborate with industry partners or Federal agencies to mitigate scarcities of critical resources. (3) Contents.--The Director shall-- (A) solicit data from industry partners relating to the manufacturing output of critical resources; and (B) add the data received under subparagraph (A) to the Data Exchange. (4) Data privacy.-- (A) In general.--In consultation with industry partners, the Director may develop security measures that are necessary to protect information in the Data Exchange, including protocols to ensure that, depending on the nature of information in the Data Exchange, only individuals with the appropriate level of authorization may access the information. (B) Information disclosure.-- (i) In general.--The Director may withhold information obtained from an industry partner under this section only to the extent permitted by law. (ii) FOIA exemption.--Unless the disclosure of data described in paragraph (3)(A) would be consistent with security measures developed under subparagraph (A) of this paragraph, the data shall be-- (I) withheld from public disclosure; and (II) exempt from disclosure under section 552(b)(3) of title 5, United States Code. (C) Usage agreements.--The Director shall develop a usage agreement for the Data Exchange to ensure that data shared to the Data Exchange by an industry partner is-- (i) hosted securely; and (ii) only used for purposes agreed to in advance by the Director and the industry partner. (5) Development.-- (A) In general.--The Director, with the consent of a Federal agency, may use the services, equipment, personnel, and facilities of a Federal agency, with or without reimbursement, to-- (i) develop the Data Exchange; or (ii) identify a data exchange existing on the date of enactment of this Act that can be modified to have the capacity to host the Data Exchange required under this section that provides-- (I) necessary functionality to the Director; and (II) additional functionality to industry partners. (B) Value to participants.--In order to encourage the participation of industry partners in the Data Exchange, the Director may develop a Data Exchange that provides-- (i) value to industry partners outside of a time of crisis; and (ii) access to aggregated data or analytics to industry partners that participate in the Data Exchange that complies with the provisions of the usage agreement developed under paragraph (4)(C). (6) Participation incentives.--The Director may establish incentives to encourage the participation and cooperation of industry partners with the Data Exchange. SEC. 8. MANUFACTURING CORPS. (a) Establishment.--There is established within the Office the Manufacturing Corps. (b) Duties.--The Manufacturing Corps shall-- (1) function as a workforce development program that prioritizes the training of manufacturing skills determined to be essential to the economic security of the United States by the Director and the Council; (2) support the development of an innovative and flexible manufacturing workforce in the United States; (3) provide on-the-job training to members of the Manufacturing Corps; and (4) provide a qualified base of individuals to join the Guard upon the completion of the Manufacturing Corps program. (c) Membership.-- (1) In general.--Not later than 180 days after the date of enactment of this Act, the Director shall develop criteria for membership in the Manufacturing Corps, which may include a competitive process that evaluates the dedication and enthusiasm of individuals for assisting the public during a crisis. (2) Preference.--In selecting members of the Manufacturing Corps, the Director shall give preference to an individual who is-- (A) an underrepresented racial or ethnic minority; (B) a woman; (C) a veteran (as defined in section 101 of title 38, United States Code); or (D) a resident of an underrepresented geographic region. (3) Term.--The term of a member in the Manufacturing Corps shall be for a period of not less than 1 year and not more than 2 years. (d) Activities.-- (1) Apprenticeship.-- (A) In general.--A member of the Manufacturing Corps shall participate in a registered apprenticeship with a host organization for a 1-year period. (B) Skills.--A registered apprenticeship of a member of the Manufacturing Corps with a host organization shall-- (i) provide the member with fundamental skills necessary to be successful in a manufacturing or supply chain workforce; (ii) qualify the member as a full-time employee of the host organization; and (iii) provide training and career development opportunities. (2) Training requirement.-- (A) Initial training.--The Director shall provide individuals who are selected as members of the Guard with initial training that-- (i) lasts for not fewer than 2, and not more than 4, weeks; (ii) serves as an orientation for the Guard; and (iii) includes a survey of basic skills in preparation for a registered apprenticeship. (B) Periodic training.--The Director shall provide regular training to members of the Manufacturing Corps that-- (i) ensures that the members have the ability to serve as effective members of the Guard; and (ii) enhances the ability of members to contribute to the workforce of the United States and the Guard. (3) Compensation.--The Director may provide supplemental compensation to members of the Manufacturing Corps at rates to be fixed by the Secretary without regard to any other law, including any provision of title 5, United States Code, and any rule issued under that title. (e) Graduation.-- (1) In general.--Upon the expiration of the term of a member of the Manufacturing Corps, the Director shall review the performance of the member in-- (A) the registered apprenticeship under subsection (d)(1)(A); and (B) the training under subsection (d)(2). (2) Incentives.--The Director may establish incentives to encourage members of the Manufacturing Corps who receive favorable reviews under paragraph (1) to join the Guard. SEC. 9. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to carry out this Act $1,000,000,000 for the 5-fiscal year period beginning with fiscal year 2021. <all>

National Manufacturing Guard Act

A bill to establish the Office of Supply Chain Preparedness within the Department of Commerce to manage the partnership of the United States with private industry and State and local governments with respect to the manufacturing of critical resources, and for other purposes.

National Manufacturing Guard Act

Sen. Coons, Christopher A.

D

DE

H.R.2982

Armed Forces and National Security

National Guard Cybersecurity Support Act This bill authorizes members of the National Guard to perform, at the request of a state and in connection with training or other duty, cybersecurity operations or missions to protect critical infrastructure.

To amend title 32, United States Code, to authorize cybersecurity operations and missions to protect critical infrastructure by members of the National Guard in connection with training or other duty. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``National Guard Cybersecurity Support Act''. SEC. 2. CYBERSECURITY OPERATIONS AND MISSIONS TO PROTECT CRITICAL INFRASTRUCTURE BY MEMBERS OF THE NATIONAL GUARD IN CONNECTION WITH TRAINING OR OTHER DUTY. Section 502(f)(1) of title 32, United States Code, is amended by adding after the flush matter at the end the following new sentence: ``Such training or other duty may include cybersecurity operations or missions undertaken by the member's unit at the request of the Governor of the State concerned to protect critical infrastructure (as that term is defined in the Critical Infrastructures Protection Act of 2001 (42 U.S.C. 5195c)).''. <all>

National Guard Cybersecurity Support Act

To amend title 32, United States Code, to authorize cybersecurity operations and missions to protect critical infrastructure by members of the National Guard in connection with training or other duty.

National Guard Cybersecurity Support Act

Rep. Kim, Andy

D

NJ

H.R.1932

Education

Report and Educate About Campus Hazing Act or the REACH Act This bill requires institutions of higher education (IHEs) that participate in federal student-aid programs to report hazing incidents and distribute policies on hazing. Specifically, the bill requires each IHE to disclose hazing incidents that were reported to campus security authorities or local police agencies in its annual security report. The bill defines the term hazing to mean any intentional, knowing, or reckless act committed by a student, or a former student, of an IHE against another student (regardless of that student's willingness to participate), that (1) is connected with an initiation into, an affiliation with, or the maintenance of membership in an organization that is affiliated with the IHE (e.g., an athletic team); and (2) contributes to a substantial risk of physical injury, mental harm, or degradation or causes physical injury, mental harm, or personal degradation. In addition, each IHE must distribute to enrolled and prospective students its policies on hazing, including information on education programs that promote hazing awareness.

To amend the Higher Education Act of 1965 to require institutions of higher education to disclose hazing incidents, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Report and Educate About Campus Hazing Act'' or the ``REACH Act''. SEC. 2. INCLUSION OF HAZING INCIDENTS IN ANNUAL SECURITY REPORTS. Section 485(f)(1)(F) of the Higher Education Act of 1965 (20 U.S.C. 1092(f)(1)(F)) is amended-- (1) in clause (i)(IX), by striking ``and'' after the semicolon; (2) in clause (ii), by striking ``and'' after the semicolon; (3) in clause (iii), by striking the period at the end and inserting ``; and''; and (4) by adding at the end the following: ``(iv) of hazing incidents that were reported to campus security authorities or local police agencies.''. SEC. 3. DEFINITION OF HAZING. Section 485(f)(6)(A) of the Higher Education Act of 1965 (20 U.S.C. 1092(f)(6)(A)) is amended-- (1) by redesignating clauses (iii) through (v) as clauses (iv) through (vi), respectively; and (2) by inserting after clause (ii) the following: ``(iii) The term `hazing' means any intentional, knowing, or reckless act committed by a student, or a former student, of an institution of higher education, whether individually or in concert with other persons, against another student (regardless of that student's willingness to participate), that-- ``(I) was committed in connection with an initiation into, an affiliation with, or the maintenance of membership in, any organization that is affiliated with such institution of higher education (including any athletic team affiliated with that institution); and ``(II) contributes to a substantial risk of physical injury, mental harm, or degradation or causes physical injury, mental harm, or personal degradation.''. SEC. 4. RECORDING OF HAZING INCIDENTS. Section 485(f)(7) of the Higher Education Act of 1965 (20 U.S.C. 1092(f)(7)) is amended by inserting after the second sentence the following: ``For hazing incidents, such statistics shall be compiled in accordance with the definition of that term in paragraph (6)(A)(iii).''. SEC. 5. EDUCATIONAL PROGRAM ON HAZING. Section 485(f)(8)(B)(i) of the Higher Education Act of 1965 (20 U.S.C. 1092(f)(8)(B)(i)) is amended-- (1) in the matter preceding subclause (I), by inserting ``, and hazing'' after ``stalking''; and (2) in subclause (I)-- (A) in item (aa), by inserting before the semicolon the following: ``, and hazing''; and (B) in item (bb), by inserting before the semicolon the following: ``, and the definition of hazing in paragraph (6)(A)(ii)''; and (C) in item (dd), by inserting ``, or hazing'' after ``stalking''. <all>

Report and Educate About Campus Hazing Act

To amend the Higher Education Act of 1965 to require institutions of higher education to disclose hazing incidents, and for other purposes.

REACH Act Report and Educate About Campus Hazing Act

Rep. McBath, Lucy

D

GA

H.R.389

Transportation and Public Works

Safe and Quiet Skies Act of 2021 This bill sets forth requirements for commercial air tour flights. Among other requirements, the bill

To impose safety requirements on commercial air tour flights, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Safe and Quiet Skies Act of 2021''. SEC. 2. REQUIREMENTS FOR COMMERCIAL AIR TOUR FLIGHTS. (a) Prohibition of Overflights.--Notwithstanding any other provision of law, a commercial air tour may not operate within a half mile of the following: (1) A military installation. (2) A national cemetery. (3) A unit of the National Wilderness Preservation System. (4) A unit of the National Park System. (5) A unit of the National Wildlife Refuge System. (b) Use of Automatic Dependent Surveillance-Broadcast (ADS-B) Out Equipment.--The Administrator of the Federal Aviation Administration shall revise section 91.227 of title 14, Code of Federal Regulations, to require the use of ADS-B Out (as such term is defined in such section) during the entire operation of a commercial air tour. (c) Sterile Cockpit Rule.--The Administrator shall issue such regulations as are necessary to-- (1) impose the requirements of section 121.542 of title 14, Code of Federal Regulations, on a commercial air tour and a pilot of a commercial air tour (including a commercial air tour that does not hold a certificate under part 121 of title 14, Code of Federal Regulations); (2) define tour-giving and providing an oral narration of the air tour as duties that are not required for the safe operation of the aircraft for a commercial air tour (including a commercial air tour that does not hold a certificate under part 121 of title 14, Code of Federal Regulations); and (3) define a critical phase of flight for a commercial air tour (including a commercial air tour that does not hold a certificate under part 121 of title 14, Code of Federal Regulations) to include all ground operations involving taxi, takeoff, and landing, and all other flight operations regardless of altitude of operation. (d) Minimum Altitudes.-- (1) In general.--Notwithstanding any other provision of law, a commercial air tour may not operate at an altitude of less than 1,500 feet. (2) Exceptions.-- (A) Safe harbor.--An operator of a commercial air tour may fly below the altitude described in paragraph (1) for reasons of safety if unpredictable circumstances occur. (B) FAA requirements.--The Administrator may permit an operator of a commercial air tour to operate below the altitude described in paragraph (1) for flight operations for takeoff and landing. (3) Rule of construction.--If a reasonable individual would believe a commercial air tour could not safely fly at a minimum altitude of 1,500 feet for the duration of the flight given the conditions at takeoff, the safe harbor described in paragraph (2)(A) shall not apply. (e) Occupied Areas.-- (1) In general.--Notwithstanding any other provision of law, a commercial air tour may not operate within half a mile of an occupied area unless the aircraft has noise suppression technology that brings noise to the lesser of-- (A) a maximum level of 55 dbA as measured from such occupied area; and (B) a maximum level required in such occupied area by a requirement imposed pursuant to section 3(a) of this Act or section 40128(e) of title 49, United States Code. (2) Regulations.--The Administrator shall revise subparts F and H of part 36 of title 14, Code of Federal Regulations, and related appendices, to reduce noise limits in accordance with paragraph (1). SEC. 3. DELEGATED AUTHORITY TO STATE AND LOCAL REGULATORS. (a) In General.--Notwithstanding any other provision of law, a State or locality may impose additional requirements on commercial air tours (but may not waive any requirements described in this Act or in the amendments made by this Act), including-- (1) banning such tours; (2) imposing day and time flight restrictions; (3) regulating the total number of flights per day; (4) regulating route requirements over occupied areas; (5) prohibiting flights over State or local parks, ocean recreation, cemeteries, and other areas of State interest; and (6) requiring commercial air tours to operate at lower decibels for purposes of noise requirements. (b) FAA Exceptions.--The Administrator may invalidate a requirement imposed pursuant to subsection (a) if required for flight operations for takeoff and landing. SEC. 4. PUBLIC ENGAGEMENT THROUGHOUT FEDERAL AND STATE REGULATORY PROCESS. During the promulgation of any regulation required by this Act or the drafting and update of the Air Tours Common Procedural Manuals, the requirements of the Administrative Procedure Act shall apply. SEC. 5. PENALTIES. The Administrator shall impose penalties for violations of this Act or the amendments made by this Act, including revoking any certifications or permits issued to operate a commercial air tour. SEC. 6. CONFORMING AMENDMENTS. Section 40128 of title 49, United States Code, is amended-- (1) by striking ``a national park or'' in each place in which it appears; (2) by striking ``park or'' in each place in which it appears; (3) in subsection (a)(1)(C), by striking ``or voluntary agreement under subsection (b)(7)''; (4) by striking subsection (a)(2) and inserting the following: ``(2) Application for operating authority.--Before commencing commercial air tour operations over tribal lands, a commercial air tour operator shall apply to the Administrator for authority to conduct the operations over the tribal lands.''; (5) by striking subsection (a)(3); (6) by redesignating paragraph (4) of subsection (a) as paragraph (3); (7) by striking subsection (a)(5); (8) in subsection (b)(1)(A)-- (A) by striking ``over the park'' and inserting ``over the lands''; and (B) by striking ``paragraph (4)'' and inserting ``paragraph (3)''; (9) by striking subsection (b)(1)(C); (10) by striking subsection (b)(3); (11) by redesignating paragraphs (4) through (6) of subsection (b) as paragraphs (3) through (5), respectively; (12) by striking subsection (b)(7); (13) by striking subsection (c)(2)(B); (14) by redesignating subparagraphs (C) through (I) of subsection (c)(2) as subparagraphs (B) through (H), respectively; (15) in subsection (c)(3)(B), by striking ``at the'' in each place in which it appears; (16) in subsection (d)(1)-- (A) by striking ``over a national park under interim operating authority granted under subsection (c) or''; and (B) by striking ``or voluntary agreement''; (17) by striking subsection (e); (18) by striking subsection (f) and inserting the following: ``(e) Tribal Authority.-- ``(1) In general.--Notwithstanding any other provision of law, a tribal entity may impose additional requirements on commercial air tours (but may not waive any requirements described in the Safe and Quiet Skies Act of 2021 or in the amendments made by the Safe and Quiet Skies Act of 2021), including-- ``(A) banning such tours; ``(B) imposing day and time flight restrictions; ``(C) regulating the total number of flights per day; ``(D) regulating route requirements over occupied areas; ``(E) prohibiting flights over tribal parks, ocean recreation, cemeteries, and other areas of tribal interest; and ``(F) requiring commercial air tours to operate at lower decibels for purposes of noise requirements. ``(2) FAA exceptions.--The Administrator of the Federal Aviation Administration may invalidate a regulation imposed pursuant to paragraph (1) if required for flight operations for takeoff and landing. ``(3) Tribal entity.--In this subsection, the term `tribal entity' means-- ``(A) a tribal organization (as such term is defined in section 4 of the Indian Self-Determination and Education Assistance Act of 1975 (25 U.S.C. 5304)); ``(B) a tribally designated housing entity (as such term is defined in section 4 of the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4103)); or ``(C) an Indian-owned business or a tribal enterprise (as such terms are defined in section 3 of the Native American Business Development, Trade Promotion, and Tourism Act of 2000 (25 U.S.C. 4302)).''; (19) in subsection (g)(1), by striking ``over a national park'' and inserting ``over tribal lands''; (20) in subsection (g)(2), by striking ``over a national park'' and inserting ``over tribal lands''; (21) by striking subsection (g)(4); (22) by redesignating paragraphs (5) through (8) of subsection (g) as paragraphs (4) through (7), respectively; and (23) by redesignating subsection (g) as subsection (f). SEC. 7. NTSB RECOMMENDATIONS. (a) In General.--The Administrator shall implement all recommendations concerning operators under part 135 of title 14, Code of Federal Regulations, that-- (1) were issued by the National Transportation Safety Board; and (2) are considered by the Board to be open unacceptable response. (b) Part 135 Regulation.--The Administrator-- (1) shall require all commercial air tours to operate pursuant to part 135 of title 14, Code of Federal Regulations; and (2) may not permit a commercial air tour to operate pursuant to part 91 of title 14, Code of Federal Regulations. SEC. 8. DEFINITIONS. In this Act, the following definitions apply: (1) Administrator.--The term ``Administrator'' means the Administrator of the Federal Aviation Administration. (2) Altitude.--The term ``altitude'' means the distance above ground level between an aircraft and the highest obstacle that is within 2 miles of the location over which such aircraft is flying at any time. (3) Commercial air tour.--The term ``commercial air tour'' means any flight conducted for compensation or hire in a powered aircraft where a purpose of the flight is sightseeing or intentional parachuting. If the operator of a flight asserts that the flight is not a commercial air tour, factors that can be considered by the Administrator in making a determination of whether the flight is a commercial air tour include-- (A) whether there was a holding out to the public of willingness to conduct a sightseeing or intentional parachuting flight for compensation or hire; (B) whether a narrative was provided that referred to areas or points of interest on the surface; (C) the area of operation; (D) the frequency of flights; (E) the route of flight; (F) the inclusion of sightseeing or intentional parachuting flights as part of any travel arrangement package; or (G) whether the flight in question would or would not have been canceled based on poor visibility of the surface. (4) dbA.--The term ``dbA'' means the A-weighted sound level or unit of measurement describing the total sound level of all noises as measured with a sound level meter using the A weighting network. (5) Occupied area.--The term ``occupied area'' means land area that is used by people, including residential areas, commercial areas, and recreational areas. <all>

Safe and Quiet Skies Act of 2021

To impose safety requirements on commercial air tour flights, and for other purposes.

Safe and Quiet Skies Act of 2021

Rep. Case, Ed

D

HI

S.4358

Health

Bruce's Law This bill reauthorizes certain grants through FY2027 and sets out other activities to address the dangers of fentanyl-related drug overdoses, with a particular focus on fentanyl contamination. Specifically, the bill (1) reauthorizes grants that are available through the White House Office of National Drug Control Policy (ONDCP) for community-based coalitions to address local drug crises, and (2) authorizes new grants for coalitions to implement education and prevention strategies in communities that face significant levels of drug overdoses related to fentanyl and other synthetic opioids. The ONDCP may delegate authority to execute the new grants to the Centers for Disease Control and Prevention. Additionally, the Department of Health and Human Services (HHS) must carry out a campaign to increase public awareness of the dangers of fentanyl, including the risk of fentanyl contamination in counterfeit drugs. The bill also establishes an interagency work group to coordinate and improve federal efforts to reduce and prevent overdoses involving fentanyl contamination in illegal drugs. Work group members include the ONDCP, HHS, the Department of Justice, and the Department of State.

To establish an awareness campaign related to the lethality of fentanyl and fentanyl-contaminated drugs, to establish a Federal Interagency Work Group on Fentanyl Contamination of Illegal Drugs, and to provide community-based coalition enhancement grants to mitigate the effects of drug misuse. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Bruce's Law''. SEC. 2. AWARENESS CAMPAIGNS. (a) Opioid Program.--Section 102 of the Comprehensive Addiction and Recovery Act of 2016 (Public Law 114-198) is amended-- (1) in the section heading, by inserting ``relating to opioids'' after ``campaigns''; and (2) in subsection (c)-- (A) in paragraph (1), by inserting ``and'' after the semicolon; (B) in paragraph (2)(B), by striking ``; and'' and inserting a period; and (C) by striking paragraph (3). (b) Additional Campaign.--Title I of the Comprehensive Addiction and Recovery Act of 2016 (Public Law 114-198) is amended by inserting after section 102 the following: ``SEC. 102A. AWARENESS CAMPAIGN RELATED TO LETHALITY OF FENTANYL AND FENTANYL-CONTAMINATED DRUGS. ``(a) In General.--The Secretary of Health and Human Services, in coordination with the heads of other Federal departments and agencies, shall, as appropriate, through a public awareness campaign, advance the education and awareness of the public (including school-aged children, youth, parents, first responders, and providers) and other appropriate entities regarding the risk of counterfeit drugs being contaminated with fentanyl and the dangers of fentanyl lethality. ``(b) Topics.--The education and awareness campaigns under subsection (a) shall address-- ``(1) the dangers of using drugs which may be contaminated with fentanyl; ``(2) the prevention of drug abuse, including through safe disposal of prescription medications and other safety precautions; and ``(3) the detection of early warning signs of addiction in school-aged children and youth. ``(c) Other Requirements.--The education and awareness campaigns under subsection (a) shall, as appropriate, take into account any association between prescription drug misuse, heroin use, and drugs contaminated by fentanyl. ``(d) Drug Defined.--In this section, the term `drug' means an illicit drug, such as marijuana, hashish, cocaine (including crack cocaine), inhalants, hallucinogens, heroin, a synthetic opioid, methamphetamine or other stimulant, a counterfeit prescription drug, or a prescription drug that is sold illegally. ``(e) Authorization of Appropriations.--There are authorized to be appropriated for fiscal years 2023 through 2027 such sums as may be necessary to carry out this section.''. SEC. 3. FEDERAL INTERAGENCY WORK GROUP ON FENTANYL CONTAMINATION OF ILLEGAL DRUGS. Title I of the Comprehensive Addiction and Recovery Act of 2016 (Public Law 114-198), as amended by section 2(b), is further amended by inserting after section 102A the following: ``SEC. 102B. FEDERAL INTERAGENCY WORK GROUP ON FENTANYL CONTAMINATION OF ILLEGAL DRUGS. ``(a) Establishment.--The Secretary of Health and Human Services (referred to in this section as the `Secretary') shall establish the Federal Interagency Work Group on Fentanyl Contamination of Illegal Drugs (referred to in this section as the `Work Group'). ``(b) Membership; Consultation.-- ``(1) Composition.--Not later than 120 days after the date of enactment of Bruce's Law, the heads of the Office of National Drug Control Policy, the Substance Abuse and Mental Health Services Administration, the Administration for Children and Families, the Centers for Disease Control and Prevention, the Department of Justice, the Drug Enforcement Administration, the Department of State, the Department of Education, and other Federal agencies (as determined by the Secretary) shall designate representatives of the respective agency or office to the Work Group. ``(2) Consultation.--The Work Group shall consult with-- ``(A) experts at the State, Tribal, and local levels with relevant backgrounds in reducing, preventing, and responding to drug overdose by fentanyl contamination of illegal drugs; ``(B) family members of adults who have overdosed by fentanyl-contaminated illegal drugs; ``(C) family members of school-aged children and youth who have overdosed by fentanyl-contaminated illegal drugs; ``(D) researchers and other experts in the design and implementation of effective drug-related messaging and prevention campaigns; and ``(E) technology companies. ``(c) Duties.--The Work Group shall-- ``(1) examine all Federal efforts directed towards reducing and preventing drug overdose by fentanyl-contaminated illegal drugs; ``(2) identify strategies, resources, and supports to improve State, Tribal, and local responses to overdose by fentanyl-contaminated illegal drugs; ``(3) make recommendations to Congress for improving Federal programs and efforts and coordination across such programs and efforts to reduce and prevent drug overdose by fentanyl-contaminated illegal drugs; and ``(4) make recommendations for educating youth on the dangers of drugs contaminated by fentanyl. ``(d) Annual Report to Secretary.--The Work Group shall annually prepare and submit to the Secretary, the Committee on Health, Education, Labor, and Pensions of the Senate, and the Committee on Education and Labor of the House of Representatives, a report on the activities carried out by the Work Group under subsection (c), including recommendations to reduce and prevent drug overdose by fentanyl contamination of illegal drugs, in all populations, and specifically among youth at risk for substance misuse.''. SEC. 4. COMMUNITY-BASED COALITION ENHANCEMENT GRANTS TO ADDRESS LOCAL DRUG CRISES. Section 103(i) of the Comprehensive Addiction and Recovery Act of 2016 (21 U.S.C. 1536(i)) is amended by striking ``2017 through 2021'' and inserting ``2023 through 2027''. SEC. 5. COMMUNITY-BASED COALITION ENHANCEMENT GRANTS TO EDUCATE YOUTH ON THE RISKS OF DRUGS CONTAMINATED WITH FENTANYL OR OTHER SYNTHETIC OPIOIDS. Title I of the Comprehensive Addiction and Recovery Act of 2016 (Public Law 114-198) is amended by inserting after section 103 the following: ``SEC. 103A. COMMUNITY-BASED COALITION ENHANCEMENT GRANTS TO EDUCATE YOUTH ON THE RISKS OF DRUGS CONTAMINATED WITH FENTANYL OR OTHER SYNTHETIC OPIOIDS. ``(a) Program Authorized.--The Director of the Office of National Drug Control Policy (referred to in this section as the `Director'), in coordination with the Director of the Centers for Disease Control and Prevention, may make grants to eligible entities to implement education of the public on the dangers of contamination of drugs with fentanyl or other synthetic opioids. ``(b) Application.-- ``(1) In general.--An eligible entity seeking a grant under this section shall submit an application to the Director at such time, in such manner, and accompanied by such information as the Director may require. ``(2) Criteria.--As part of an application for a grant under this section, the Director shall require an eligible entity to submit a detailed, comprehensive, multisector plan for addressing the implementation of an evidence-based public education campaign on the dangers of drugs contaminated with fentanyl or other synthetic opioids, with a specific consideration given to education focused on youth at increased risk for developing a substance use disorder. ``(3) Eligible entities.--For purposes of this section, the term `eligible entity' means an entity that-- ``(A) has documented, using local data, rates of drug overdose related to fentanyl or other synthetic opioids at levels that are significant, as determined by the Director; and ``(B) has received a grant under the Drug-Free Communities Act of 1997. ``(c) Use of Funds.--An eligible entity shall use a grant received under this section-- ``(1) for programs designed to implement comprehensive community-wide prevention strategies to address the dangers of drugs contaminated with fentanyl or other synthetic opioids, in the area served by the eligible entity, in accordance with the plan submitted under subsection (b)(2); ``(2) to obtain specialized training and technical assistance from the organization funded under section 4 of Public Law 107-82 (21 U.S.C. 1521 note); and ``(3) for programs designed to implement comprehensive community-wide strategies to address the dangers of drugs contaminated with fentanyl or other synthetic opioids in the community. ``(d) Supplement Not Supplant.--An eligible entity shall use Federal funds received under this section only to supplement the funds that would, in the absence of those Federal funds, be made available from other Federal and non-Federal sources for the activities described in this section, and not to supplant those funds. ``(e) Evaluation.--A grant under this section shall be subject to the same evaluation requirements and procedures as the evaluation requirements and procedures imposed on the recipient of a grant under the Drug-Free Communities Act of 1997, and may also include an evaluation of the effectiveness at reducing the use of illicit fentanyl or other synthetic opioids. ``(f) Limitation on Administrative Expenses.--Not more than 12 percent of the amounts made available to carry out this section for a fiscal year may be used to pay for administrative expenses. ``(g) Delegation Authority.--The Director may enter into an interagency agreement with the Director of the Centers for Disease Control and Prevention to delegate authority for the execution of grants and for such other activities, as the Director determines necessary to carry out this section. ``(h) Definition.--In this section, the term `drug' means an illicit drug, such as marijuana, hashish, cocaine (including crack cocaine), inhalants, hallucinogens, heroin, a synthetic opioid, methamphetamine or other stimulant, a counterfeit prescription drug, or a prescription drug that is sold illegally. ``(i) Authorization of Appropriations.--For the purpose of carrying out this section, there are authorized to be appropriated such sums as may be necessary for each of fiscal years 2023 through 2027.''. <all>

Bruce's Law

A bill to establish an awareness campaign related to the lethality of fentanyl and fentanyl-contaminated drugs, to establish a Federal Interagency Work Group on Fentanyl Contamination of Illegal Drugs, and to provide community-based coalition enhancement grants to mitigate the effects of drug misuse.

Bruce's Law

Sen. Murkowski, Lisa

R

AK

H.R.6428

Taxation

Brick and Mortar Small Business Tax Credit Act of 2022 This bill allows a new state and local general sales tax credit through 2026 for certain small businesses whose business gross receipts for the taxable year do not exceed $2 million and that were generated by a specified percentage of in-person sales. The amount of the credit is 5% of business gross receipts not exceeding $1 million. The bill also requires the Small Business Administration to conduct a public awareness campaign to inform small businesses of this tax credit.

To amend the Internal Revenue Code of 1986 to establish a State and local general sales tax credit for small businesses. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Brick and Mortar Small Business Tax Credit Act of 2022''. SEC. 2. STATE AND LOCAL GENERAL SALES TAX CREDIT FOR SMALL BUSINESSES. (a) In General.--Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: ``SEC. 45U. STATE AND LOCAL GENERAL SALES TAX CREDIT FOR SMALL BUSINESSES. ``(a) Allowance of Credit.--For purposes of section 38, in the case of an eligible small business, the State and local general sales tax credit determined under this section for the taxable year is an amount equal to 5 percent of so much of the business gross receipts of the taxpayer for the taxable year as do not exceed $1,000,000 (regardless of whether such receipts are subject to a State or local general sales tax). ``(b) Phaseout of Credit.--If the business gross receipts of the taxpayer for the taxable year exceed $1,000,000, the credit otherwise determined under subsection (a) shall be reduced by an amount which bears the same ratio to the amount of such credit (determined without regard to this subsection) as-- ``(1) such excess, bears to ``(2) $1,000,000. ``(c) Definitions and Special Rules.-- ``(1) Definitions.--For purposes of this section-- ``(A) Eligible small business.-- ``(i) In general.--The term `eligible small business' means any taxpayer for any taxable year if-- ``(I) the business gross receipts of such taxpayer for such taxable year do not exceed $2,000,000, and ``(II) more than 50 percent of such business gross receipts of such taxpayer for such taxable year were generated by in-person sales. ``(ii) Special rule for 2020 and 2021.--In the case of any taxable year beginning in or with calendar year 2020 or 2021, clause (i)(II) shall be applied by substituting `any percentage of' for `more than 50 percent'. ``(B) Business gross receipts.--The term `business gross receipts' means gross receipts received in the course of any trade or business (other than the trade or business of being an employee). ``(C) In-person sales.--The term `in-person sales' means a sales transaction in which a customer pays for a good or service at a physical location of an eligible small business. ``(D) State.--The term `State' means each of the several States, the District of Columbia, American Samoa, Guam, the Commonwealth of the Northern Mariana Islands, Puerto Rico, the Virgin Islands of the United States, and any other territory of the United States. ``(2) Aggregation rules.--All persons treated as a single employer under subsection (a) or (b) of section 52, or subsection (n) or (o) of section 414, shall be treated as one person. ``(d) Termination.--Subsection (a) shall not apply with respect to any taxable year beginning after December 31, 2026.''. (b) Credit Made Part of General Business Credit.--Subsection (b) of section 38 of such Code is amended by striking ``plus'' at the end of paragraph (32), by striking the period at the end of paragraph (33) and inserting ``, plus'', and by adding at the end the following new paragraph: ``(34) in the case of an eligible small business (as defined in section 45U), the State and local general sales tax credit determined under section 45U.''. (c) Clerical Amendment.--The table of sections for subpart D of part IV of subchapter A of chapter 1 of such Code is amended by adding at the end the following new item: ``Sec. 45U. State and local general sales tax credit for small businesses.''. (d) Public Awareness Campaign.-- (1) Requirement.--The Administrator of the Small Business Administration, in consultation with the Internal Revenue Service, shall conduct a public awareness campaign to inform relevant small business concerns of the tax credit under section 45U of the Internal Revenue Code of 1986, as added by subsection (a). (2) Plan.--Not later than 180 days after the date of the enactment of this Act, the Administrator shall submit to Congress a plan to implement the public awareness campaign under paragraph (1), including-- (A) a description of the objectives and goals for the campaign; and (B) a description of how the Administrator will work with other departments and agencies of the Federal Government and with nongovernmental entities to inform relevant small business concerns of the tax credit described in paragraph (1). (3) Authorization of appropriations.--There is authorized to be appropriated to the Administrator $500,000 for fiscal year 2022 to carry out the public awareness campaign under paragraph (1). (e) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2019. <all>

Brick and Mortar Small Business Tax Credit Act of 2022

To amend the Internal Revenue Code of 1986 to establish a State and local general sales tax credit for small businesses.

Brick and Mortar Small Business Tax Credit Act of 2022

Rep. Khanna, Ro

D

CA

H.R.1820

Environmental Protection

Revoking EPA's Tyrannical Ruling Over Approved Commercial Tasks Involving no Violations of Environmental Policy Act or the RETROACTIVE Policy Act This bill limits the period during which the Environmental Protection Agency may prohibit the specification, or restrict the use, of an area as a disposal site for discharges of dredged or fill materials into waters of the United States.

To amend the Federal Water Pollution Control Act to clarify when the Administrator of the Environmental Protection Agency has the authority to prohibit the specification of a defined area, or deny or restrict the use of a defined area for specification, as a disposal site under section 404 of such Act, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Revoking EPA's Tyrannical Ruling Over Approved Commercial Tasks Involving no Violations of Environmental Policy Act'' or the ``RETROACTIVE Policy Act''. SEC. 2. PERMITS FOR DREDGED OR FILL MATERIAL. (a) In General.--Section 404(c) of the Federal Water Pollution Control Act (33 U.S.C. 1344(c)) is amended-- (1) by striking ``(c)'' and inserting ``(c)(1)''; (2) in paragraph (1), as so designated, by inserting ``during the period described in paragraph (2) and'' before ``after notice and opportunity for public hearings''; and (3) by adding at the end the following: ``(2)(A) The period during which the Administrator may prohibit the specification (including the withdrawal of specification) of any defined area as a disposal site, or deny or restrict the use of any defined area for specification (including the withdrawal of specification) as a disposal site, under paragraph (1) shall-- ``(i) begin on the date that the Secretary provides notice to the Administrator that the Secretary has completed all procedures for processing an application for a permit under this section relating to the specification and is ready to determine, in accordance with the record and applicable regulations, whether the permit should be issued; and ``(ii) end on the date that the Secretary issues the permit. ``(B) The Secretary shall ensure that the period described in subparagraph (A) consists of not fewer than 30 consecutive days. ``(C) The Secretary may issue a permit under this section only after the Secretary provides notice to the Administrator in accordance with this paragraph.''. (b) Applicability.--The amendments made by subsection (a) shall apply to a permit application submitted under section 404(a) of the Federal Water Pollution Control Act (33 U.S.C. 1344(a)) after the date of enactment of this Act. <all>

RETROACTIVE Policy Act

To amend the Federal Water Pollution Control Act to clarify when the Administrator of the Environmental Protection Agency has the authority to prohibit the specification of a defined area, or deny or restrict the use of a defined area for specification, as a disposal site under section 404 of such Act, and for other purposes.

RETROACTIVE Policy Act Revoking EPA’s Tyrannical Ruling Over Approved Commercial Tasks Involving no Violations of Environmental Policy Act

Rep. Gibbs, Bob

R

OH

H.R.2372

Armed Forces and National Security

Presumptive Benefits for War Fighters Exposed to Burn Pits and Other Toxins Act of 2021 This bill establishes a presumption of service-connection for specified diseases associated with exposure to burn pits (an area used for burning solid waste in open air without equipment) and other toxins by veterans who were awarded specified medals on or after August 2, 1990. Under a presumption of service-connection, specific conditions diagnosed in certain veterans are presumed to have been caused by the circumstances of their military service. Health care benefits and disability compensation may then be awarded. Under the bill, if the Department of Veterans Affairs (VA) receives a written petition to add a disease to the list, the VA must request a determination by the National Academies of Sciences, Engineering, and Medicine with respect to whether there is a positive association between the exposure of humans to a covered toxin and the occurrence of the disease in humans. The bill makes disability or death of certain employees from specified diseases compensable as a work injury. Specifically, such employees are those who were employees of the Department of State, the Department of Defense, or an element of the intelligence community on or after August 2, 1990, and carried out job responsibilities for at least 30 days during a contingency operation.

To amend title 38, United States Code, to provide for a presumption of service connection for certain diseases associated with exposure to toxins, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Presumptive Benefits for War Fighters Exposed to Burn Pits and Other Toxins Act of 2021''. SEC. 2. PRESUMPTION OF SERVICE CONNECTION FOR CERTAIN DISEASES ASSOCIATED WITH EXPOSURE TO BURN PITS AND OTHER TOXINS. (a) In General.--Subchapter II of chapter 11 of title 38, United States Code, is amended by adding at the end the following new section: ``Sec. 1119. Presumption of service connection for certain diseases associated with exposure to burn pits and other toxins ``(a) Presumption of Service Connection.--(1) For the purposes of section 1110 of this title, and subject to section 1113 of this title, a disease specified in paragraph (2) becoming manifest in a veteran described in paragraph (3) shall be considered to have been incurred in or aggravated during active military, naval, or air service, notwithstanding that there is no record of evidence of such disease during the period of such service. ``(2) The diseases specified in this paragraph are the following: ``(A) Asthma that was diagnosed after service in a country or territory for which a medal described in paragraph (3) was awarded. ``(B)(i) Head cancer of any type. ``(ii) Neck cancer of any type. ``(iii) Respiratory cancer of any type. ``(iv) Gastrointestinal cancer of any type. ``(v) Pancreatic cancer of any type. ``(vi) Reproductive cancer of any type. ``(vii) Lymphoma cancer of any type. ``(viii) Lymphomatic cancer of any type. ``(ix) Kidney cancer. ``(x) Brain cancer. ``(xi) Melanoma. ``(C) Chronic bronchitis. ``(D) Chronic obstructive pulmonary disease. ``(E) Constrictive bronchiolitis or obliterative bronchiolitis. ``(F) Emphysema. ``(G) Granulomatous disease. ``(H) Interstitial lung disease. ``(I) Pleuritis. ``(J) Pulmonary fibrosis. ``(K) Sarcoidosis. ``(L) Any other disease listed under subsection (a)(2) of section 1116 of this title or for which a presumption of service connection is warranted pursuant to regulations prescribed under section subsection (b)(1) of such section. ``(M) Any other disease with respect to which final regulations have been prescribed under subsection (c)(3). ``(3) A veteran described in this paragraph is any veteran who on or after August 2, 1990, was awarded any of the following: ``(A) The Afghanistan Campaign Medal. ``(B) The Armed Forces Expeditionary Medal. ``(C) The Armed Forces Reserve Medal with M-device. ``(D) The Armed Forces Service Medal. ``(E) The Global War On Terrorism Expeditionary Medal. ``(F) The Inherent Resolve Campaign Medal. ``(G) The Iraqi Campaign Medal. ``(H) The Southwest Asia Service Medal. ``(b) Process To Add Diseases Through Written Petition.--(1) In the case that the Secretary receives a written petition from an interested party to add a disease to the list of diseases specified in subsection (a)(2), not later than 90 days after the date of receipt of such petition, the Secretary shall request a determination by the National Academies of Sciences, Engineering, and Medicine (referred to in this section as the `National Academies') with respect to whether there is a positive association between-- ``(A) the exposure of humans to one or more covered toxins; and ``(B) the occurrence of the disease in humans. ``(2) For purposes of this subsection, the term `interested party' includes a representative of-- ``(A) a congressionally chartered veterans service organization; ``(B) an organization that-- ``(i) is described in section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from taxation under section 501(a) of such Code; ``(ii) serves veterans or members of the Armed Forces; and ``(iii) has continuously operated for a period of five years or more preceding the date of the submittal of the written petition under paragraph (1); ``(C) a collective bargaining agent for civilian employees of the United States Government; ``(D) a nationally recognized medical association; ``(E) the National Academies; or ``(F) a State or political subdivision of a State. ``(c) Determinations by National Academies.--(1) If the Secretary receives a determination described in paragraph (2), not later than 180 days after receipt of such determination, the Secretary shall-- ``(A) publish in the Federal Register proposed regulations to add the disease covered by the determination to the list of diseases specified in subsection (a)(2); ``(B) publish in the Federal Register, and submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives-- ``(i) the decision of the Secretary not to publish such proposed regulations; and ``(ii) the basis for such decision, including specific medical science refuting the determination; or ``(C) publish in the Federal Register a decision that insufficient evidence exists to take action under subparagraph (A) or (B). ``(2) A determination described in this paragraph-- ``(A) is a determination by the National Academies that there is a positive association between-- ``(i) the exposure of humans to one or more covered toxins; and ``(ii) the occurrence of the disease in humans; and ``(B) may be made pursuant to-- ``(i) a request from the Secretary under subsection (b); or ``(ii) an agreement between the Secretary and the National Academies under section 3 of the Presumptive Benefits for War Fighters Exposed to Burn Pits and Other Toxins Act of 2021. ``(3)(A) Not later than 180 days after the date on which the Secretary publishes any proposed regulations under paragraph (1)(A) for a disease, the Secretary shall prescribe final regulations for that disease. ``(B) Such regulations shall be effective on the date of issuance. ``(d) Reference to National Academies.--In the case that the Secretary enters into an agreement with another organization as described in section 3(h)(1) of the Presumptive Benefits for War Fighters Exposed to Burn Pits and Other Toxins Act of 2021, any reference in this section to the National Academies shall be treated as a reference to the other organization. ``(e) Definitions.--In this section: ``(1) The term `covered toxin' includes the following: ``(A) Any toxic chemical or toxic fume. ``(B) Hazardous waste, mixed waste, solid waste, or used oil (as those terms are defined in section 1004 of the Solid Waste Disposal Act (42 U.S.C. 6903)). ``(C) Radiological waste. ``(D) Any other carcinogen. ``(2) The term `veterans service organization' means an organization recognized by the Secretary for the representation of veterans under section 5902 of this title.''. (b) Effective Date.-- (1) In general.--The amendment made by subsection (a) shall take effect on the date that is 180 days after the date of the enactment of this Act. (2) Written petitions.--With respect to a written petition described in section 1119(b)(1) of title 38, United States Code, as added by subsection (a), that was received by the Secretary of Veterans Affairs before the effective date described in paragraph (1), the Secretary shall make a request of the National Academies of Sciences, Engineering, and Medicine under such section, as so added, not later than 90 days after such effective date. (c) Clerical Amendment.--The table of sections at the beginning of chapter 11 of title 38, United States Code, is amended by inserting after the item relating to section 1118 the following new item: ``1119. Presumption of service connection for certain diseases associated with exposure to burn pits and other toxins.''. (d) Conforming Amendment.--Section 1113 of such title is amended by striking ``or 1118'' each place it appears and inserting ``1118, or 1119''. SEC. 3. AGREEMENT WITH THE NATIONAL ACADEMIES OF SCIENCES, ENGINEERING, AND MEDICINE CONCERNING THE EXPOSURE OF HUMANS TO BURN PITS AND OTHER TOXINS. (a) Agreement.-- (1) In general.--The Secretary of Veterans Affairs shall seek to enter into an agreement with the National Academies of Sciences, Engineering, and Medicine (referred to in this section as the ``National Academies'') to perform the services covered by this section. (2) Timing.--The Secretary shall seek to enter into the agreement described in paragraph (1) not later than 60 days after the date of the enactment of this Act. (b) Reviews of Scientific Evidence.-- (1) In general.--Under an agreement between the Secretary and the National Academies, the National Academies shall review and summarize the scientific evidence, and assess the strength thereof, concerning the association between the exposure of humans to covered toxins and each disease suspected to be associated with such exposure. (2) Reviews upon request.--Under an agreement between the Secretary and the National Academies under this section, the National Academies shall conduct a review described in paragraph (1) in response to each request made by the Secretary under section 1119(b)(1) of title 38, United States Code, as added by section 2(a). (c) Scientific Determinations Concerning Diseases.-- (1) In general.--For each disease reviewed under subsection (b), the National Academies shall determine (to the extent that available scientific data permit meaningful determinations) whether there is a positive association between the exposure of humans to one or more covered toxins and the occurrence of the disease in humans, taking into account the strength of the scientific evidence and the appropriateness of the statistical and epidemiological methods used to detect the association. (2) Submissions for reviews upon request.--Under an agreement between the Secretary and the National Academies under this section, not later than 270 days after the date on which the Secretary transmits a request to the National Academies with respect to a disease under section 1119(b)(1) of title 38, United States Code, as added by section 2(a), the National Academies shall submit to the Secretary the determination made with respect to that disease under paragraph (1). (d) Recommendations for Additional Scientific Studies.-- (1) In general.--Under an agreement between the Secretary and the National Academies under this section, the National Academies shall make any recommendations it has for additional scientific studies to resolve areas of continuing scientific uncertainty relating to the exposure of humans to covered toxins. (2) Considerations.--In making recommendations for additional scientific studies, the National Academies shall consider-- (A) the scientific information that is available at the time of the recommendation; (B) the value and relevance of the information that could result from additional studies; and (C) the feasibility of carrying out such additional studies. (e) Subsequent Reviews.--Under an agreement between the Secretary and the National Academies under this section, the National Academies shall-- (1) conduct as comprehensive a review as is practicable of the evidence referred to in subsection (b)(1) that became available since the last review of such evidence under this section; and (2) make determinations and estimates on the basis of the results of such review and all other reviews conducted for the purposes of this section. (f) Reports.-- (1) Initial report.-- (A) In general.--Under an agreement between the Secretary and the National Academies under this section, not later than 540 days after the date of the enactment of this Act, the National Academies shall submit to the Secretary and the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives a report on the activities of the National Academies under the agreement. (B) Elements.--The report submitted under subparagraph (A) shall include the following: (i) The determinations described in subsection (c)(1). (ii) An explanation of the scientific evidence and reasoning that led to such determinations. (iii) Any recommendations of the National Academies under subsection (d). (2) Periodic updates.--Under an agreement between the Secretary and the National Academies under this section, not less frequently than once every two years, the National Academies shall submit to the Secretary and the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives an updated report on the activities of the National Academies under the agreement. (g) Limitation on Authority.--The authority to enter into agreements under this section shall be effective for a fiscal year to the extent that appropriations are available. (h) Alternative Contract Scientific Organization.-- (1) In general.--If the Secretary is unable within the period prescribed in subsection (a)(2) to enter into an agreement with the National Academies on terms acceptable to the Secretary, the Secretary shall seek to enter into such an agreement with another appropriate scientific organization that-- (A) is not part of the Government; (B) operates as a not-for-profit entity; and (C) has expertise and objectivity comparable to that of the National Academies. (2) Treatment.--If the Secretary enters into an agreement with another organization as described in paragraph (1), any reference in this section, section 4, and section 1119 of title 38, United States Code, as added by section 2(a), to the National Academies shall be treated as a reference to the other organization. (i) Covered Toxin Defined.--In this section, the term ``covered toxin'' has the meaning given that term in section 1119(e) of title 38, United States Code, as added by section 2(a). (j) Authorization of Appropriations.--There are authorized to be appropriated to the Department of Veterans Affairs such sums as may be necessary to carry out this section. SEC. 4. ACCESS OF THE NATIONAL ACADEMIES OF SCIENCES, ENGINEERING, AND MEDICINE TO INFORMATION FROM FEDERAL AGENCIES. (a) In General.--Upon request by the National Academies of Sciences, Engineering, and Medicine (referred to in this section as the ``National Academies''), the head of any Federal agency with relevant information shall provide to the National Academies information in the possession of the agency that the National Academies determines useful in conducting a review under section 3(b). (b) Federal Agency Defined.--In this section, the term ``Federal agency'' means any agency as that term is defined in section 551 of title 5, United States Code. SEC. 5. PRESUMPTION RELATING TO PERSONAL INJURY OF CERTAIN FEDERAL EMPLOYEES. (a) In General.--Section 8102 of title 5, United States Code, is amended by adding at the end the following: ``(c)(1) In this subsection, the term `covered employee' means an employee of the Department of State, the Department of Defense, or an element of the intelligence community (as defined in section 3 of the National Security Act of 1947 (50 U.S.C. 3003)) who, on or after August 2, 1990, carried out the job responsibilities of the employee for not fewer than 30 total days in a country or territory while the United States was conducting a contingency operation (as defined in section 101 of title 10) in that country or territory. ``(2) Disability or death from a disease described in paragraph (2) of such section suffered by a covered employee is deemed to have resulted from personal injury sustained while in the performance of the duty of the covered employee, whether or not the covered employee was engaged in the course of employment when the disability or disability resulting in death occurred.''. (b) Effective Date.--The amendment made by subsection (a) shall take effect on the date that is 180 days after the date of enactment of this Act. <all>

Presumptive Benefits for War Fighters Exposed to Burn Pits and Other Toxins Act of 2021

To amend title 38, United States Code, to provide for a presumption of service connection for certain diseases associated with exposure to toxins, and for other purposes.

Presumptive Benefits for War Fighters Exposed to Burn Pits and Other Toxins Act of 2021

Rep. Ruiz, Raul

D

CA

H.R.3798

Immigration

Break the Chain Act This bill makes various changes related to family-sponsored immigration, such as narrowing the definition of what constitutes an immediate relative and lowering the annual numerical cap on certain classes of family-sponsored visas. The alien parents of U.S. citizens shall not qualify for visas for immediate relatives, which are not subject to any direct numerical limits. Currently, the spouses, unmarried children under 21, and parents of citizens are considered immediate relatives. The bill also reduces the baseline annual cap for family-sponsored visas from 480,000 to 87,934, and revises the methods for calculating the cap. Currently, the 480,000 cap may be adjusted depending on various factors but shall not be less than 226,000. A spouse or child of a sponsoring alien lawfully admitted for permanent residence shall be subject to the family-sponsored visa cap. The bill revises the rules for determining whether an alien is a child for the purposes of family-sponsored immigration, and establishes that an alien who is married or turns 25 years old prior to a visa becoming available for issuance shall not qualify as a child. The bill creates a nonimmigrant classification for alien parents of adult U.S. citizens, which authorizes such alien parents for admission into the United States for an initial five-year period. Such alien parents shall not be authorized for employment or to receive any public benefits.

To amend the Immigration and Nationality Act to modify the provisions that relate to family-sponsored immigrants. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Break the Chain Act''. SEC. 2. FAMILY-SPONSORED IMMIGRATION PRIORITIES. (a) Immediate Relative Redefined.--Section 201 of the Immigration and Nationality Act (8 U.S.C. 1151) is amended-- (1) in subsection (b)(2)(A)-- (A) in clause (i), by striking ``children, spouses, and parents of a citizen of the United States, except that, in the case of parents, such citizens shall be at least 21 years of age.'' and inserting ``children and spouse of a citizen of the United States.''; and (B) in clause (ii), by striking ``such an immediate relative'' and inserting ``the immediate relative spouse of a United States citizen''; (2) by striking subsection (c) and inserting the following: ``(c) Worldwide Level of Family-Sponsored Immigrants.--(1) The worldwide level of family-sponsored immigrants under this subsection for a fiscal year is equal to 87,934 minus the number computed under paragraph (2). ``(2) The number computed under this paragraph for a fiscal year is the number of aliens who were paroled into the United States under section 212(d)(5) in the second preceding fiscal year who-- ``(A) did not depart from the United States (without advance parole) within 365 days; and ``(B)(i) did not acquire the status of an alien lawfully admitted to the United States for permanent residence during the two preceding fiscal years; or ``(ii) acquired such status during such period under a provision of law (other than subsection (b)) that exempts adjustment to such status from the numerical limitation on the worldwide level of immigration under this section.''; and (3) in subsection (f)-- (A) in paragraph (2), by striking ``section 203(a)(2)(A)'' and inserting ``section 203(a)''; (B) by striking paragraph (3); (C) by redesignating paragraph (4) as paragraph (3); and (D) in paragraph (3), as redesignated, by striking ``(1) through (3)'' and inserting ``(1) and (2)''. (b) Family-Based Visa Preferences.--Section 203(a) of the Immigration and Nationality Act (8 U.S.C. 1153(a)) is amended to read as follows: ``(a) Spouses and Minor Children of Permanent Resident Aliens.-- Family-sponsored immigrants described in this subsection are qualified immigrants who are the spouse or a child of an alien lawfully admitted for permanent residence. Such immigrants shall be allocated visas in accordance with the number computed under section 201(c).''. (c) Aging Out.--Section 203(h) of the Immigration and Nationality Act (8 U.S.C. 1153(h)) is amended-- (1) by striking ``(a)(2)(A)'' each place such term appears and inserting ``(a)''; (2) by amending paragraph (1) to read as follows: ``(1) In general.--Subject to paragraph (2), for purposes of subsections (a) and (d), a determination of whether an alien satisfies the age requirement in the matter preceding subparagraph (A) of section 101(b)(1) shall be made using the age of the alien on the date on which a petition is filed with the Secretary of Homeland Security.''. (3) by redesignating paragraphs (2) through (4) as paragraphs (3) through (5), respectively; (4) by inserting after paragraph (1) the following: ``(2) Limitation.--Notwithstanding the age of an alien on the date on which a petition is filed, an alien who marries or turns 25 years of age prior to a visa becoming available for issuance pursuant to subsection (a) or (d), no longer satisfies the age requirement described in paragraph (1).''; and (5) in paragraph (5), as so redesignated, by striking ``(3)'' and inserting ``(4)''. (d) Conforming Amendments.-- (1) Definition of v nonimmigrant.--Section 101(a)(15)(V) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(V)) is amended by striking ``section 203(a)(2)(A)'' each place such term appears and inserting ``section 203(a)''. (2) Procedure for granting immigrant status.--Section 204 of such Act (8 U.S.C. 1154) is amended-- (A) in subsection (a)(1)-- (i) in subparagraph (A)(i), by striking ``to classification by reason of a relationship described in paragraph (1), (3), or (4) of section 203(a) or''; (ii) in subparagraph (B)-- (I) in clause (i), by redesignating the second subclause (I) as subclause (II); and (II) by striking ``203(a)(2)(A)'' each place such terms appear and inserting ``203(a)''; and (iii) in subparagraph (D)(i)(I), by striking ``a petitioner'' and all that follows through ``section 204(a)(1)(B)(iii).'' and inserting ``an individual younger than 21 years of age for purposes of adjudicating such petition and for purposes of admission as an immediate relative under section 201(b)(2)(A)(i) or a family-sponsored immigrant under section 203(a), as appropriate, notwithstanding the actual age of the individual.''; (B) in subsection (f)(1), by striking ``, 203(a)(1), or 203(a)(3), as appropriate''; and (C) by striking subsection (k). (3) Waivers of inadmissibility.--Section 212 of such Act (8 U.S.C. 1182) is amended-- (A) in subsection (a)(6)(E)(ii), by striking ``section 203(a)(2)'' and inserting ``section 203(a)''; and (B) in subsection (d)(11), by striking ``(other than paragraph (4) thereof)''. (4) Employment of v nonimmigrants.--Section 214(q)(1)(B)(i) of such Act (8 U.S.C. 1184(q)(1)(B)(i)) is amended by striking ``section 203(a)(2)(A)'' each place such term appears and inserting ``section 203(a)''. (5) Definition of alien spouse.--Section 216(h)(1)(C) of such Act (8 U.S.C. 1186a(h)(1)(C)) is amended by striking ``section 203(a)(2)'' and inserting ``section 203(a)''. (6) Classes of deportable aliens.--Section 237(a)(1)(E)(ii) of such Act (8 U.S.C. 1227(a)(1)(E)(ii)) is amended by striking ``section 203(a)(2)'' and inserting ``section 203(a)''. (e) Creation of Nonimmigrant Classification for Alien Parents of Adult United States Citizens.-- (1) In general.--Section 101(a)(15) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)) is amended-- (A) in subparagraph (T)(ii)(III), by striking the period at the end and inserting a semicolon; (B) in subparagraph (U)(iii), by striking ``or'' at the end; (C) in subparagraph (V)(ii)(II), by striking the period at the end and inserting ``; or''; and (D) by adding at the end the following: ``(W) Subject to section 214(s), an alien who is a parent of a citizen of the United States, if the citizen is at least 21 years of age.''. (2) Conditions on admission.--Section 214 of such Act (8 U.S.C. 1184) is amended by adding at the end the following: ``(s)(1) The initial period of authorized admission for a nonimmigrant described in section 101(a)(15)(W) shall be 5 years, but may be extended by the Secretary of Homeland Security for additional 5- year periods if the United States citizen son or daughter of the nonimmigrant is still residing in the United States. ``(2) A nonimmigrant described in section 101(a)(15)(W)-- ``(A) is not authorized to be employed in the United States; and ``(B) is not eligible for any Federal, State, or local public benefit. ``(3) The United States citizen son or daughter shall file a petition with the Secretary of Homeland Security on behalf of the alien parent in order for the alien parent to be issued a visa or otherwise be provided nonimmigrant status under section 101(a)(15)(W). ``(4) An alien is ineligible to be issued a visa or otherwise be provided nonimmigrant status under section 101(a)(15)(W), or to be admitted into the United States as a nonimmigrant described in section 101(a)(15)(W), unless the alien provides satisfactory proof that the United States citizen son or daughter has arranged for health insurance coverage for the alien, at no cost to the alien, during the anticipated period of the alien's residence in the United States.''. (3) Affidavit of support.-- (A) Ground of inadmissibility.--Section 212(a)(4)(C) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(4)(C)) is amended-- (i) in the heading by adding at the end the following: ``and nonimmigrants''; and (ii) in the matter preceding clause (i), by striking ``section 201(b)(2) or 203(a)'' and inserting ``section 101(a)(15)(W), 201(b)(2), or 203(a)''. (B) Affidavit required.--Section 213A of the Immigration and Nationality Act (8 U.S.C. 1183a) is amended-- (i) in subsection (a)(2)-- (I) by striking ``An affidavit of support'' and inserting ``(A) in general--Except as provided in subparagraph (B), an affidavit of support''; and (II) by adding at the end the following: ``(B) Special rule.--In the case of an alien who has been issued a visa or otherwise provided nonimmigrant status under section 101(a)(15)(W), an affidavit of support shall be enforceable with respect to benefits provided for an alien while the alien is physically present in the United States.''; and (ii) in subsection (f)(1)(D), by inserting after ``section 204'' the following: ``or petitioning for the alien to be provided a visa under or accorded status under section 101(a)(15)(W)''. (f) Effective Date; Applicability.-- (1) Effective date.--The amendments made by this section shall take effect on October 1, 2022. (2) Invalidity of certain petitions and applications.-- (A) In general.--No person may file, and the Secretary of Homeland Security and the Secretary of State may not accept, adjudicate, or approve any petition under section 204 of the Immigration and Nationality Act (8 U.S.C. 1154) filed on or after the date of enactment of this Act seeking classification of an alien under section 201(b)(2)(A)(i) with respect to a parent of a United States citizen, or under section 203(a)(1), (2)(B), (3), or (4) of such Act (8 U.S.C. 1151(b)(2)(A)(i), 1153(a)(1), (2)(B), (3), or (4)). Any application for adjustment of status or an immigrant visa based on such a petition shall be invalid. (B) Pending petitions.--Neither the Secretary of Homeland Security nor the Secretary of State may adjudicate or approve any petition under section 204 of the Immigration and Nationality Act (8 U.S.C. 1154) pending as of the date of enactment of this Act seeking classification of an alien under section 201(b)(2)(A)(i) with respect to a parent of a United States citizen, or under section 203(a)(1), (2)(B), (3), or (4) of such Act (8 U.S.C. 1151(b)(2)(A)(i), 1153(a)(1), (2)(B), (3), or (4)). Any application for adjustment of status or an immigrant visa based on such a petition shall be invalid. (3) Applicability to waitlisted applicants.-- (A) In general.--Notwithstanding the amendments made by this section, an alien with regard to whom a petition or application for status under paragraph (1), (2)(B), (3), or (4) of section 203(a) of the Immigration and Nationality Act (8 U.S.C. 1153(a)), as in effect on September 30, 2020, was approved prior to the date of the enactment of this Act, may be issued a visa pursuant to that paragraph in accordance with the availability of visas under subparagraph (B). (B) Availability of visas.--Visas may be issued to beneficiaries of approved petitions under each category described in subparagraph (A), but only until such time as the number of visas that would have been allocated to that category in fiscal year 2022, notwithstanding the amendments made by this section, have been issued. When the number of visas described in the previous sentence have been issued for each category described in subparagraph (A), no additional visas may be issued for that category. <all>

Break the Chain Act

To amend the Immigration and Nationality Act to modify the provisions that relate to family-sponsored immigrants.

Break the Chain Act

Rep. Steube, W. Gregory

R

FL

H.R.1910

Crime and Law Enforcement

Federal Initiative To Guarantee Health by Targeting Fentanyl Act This bill places fentanyl-related substances as a class into schedule I of the Controlled Substances Act. A schedule I controlled substance is a drug, substance, or chemical that has a high potential for abuse; has no currently accepted medical value; and is subject to regulatory controls and administrative, civil, and criminal penalties under the Controlled Substances Act.

To amend the Controlled Substances Act to list fentanyl-related substances as schedule I controlled substances. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Initiative To Guarantee Health by Targeting Fentanyl Act''. SEC. 2. FENTANYL-RELATED SUBSTANCES. Schedule I of section 202(c) of the Controlled Substances Act (21 U.S.C. 812(c)) is amended by adding at the end the following: ``(e)(1) Unless specifically exempted or unless listed in another schedule, any material, compound, mixture, or preparation which contains any quantity of fentanyl-related substances, or which contains their salts, isomers, and salts of isomers whenever the existence of such salts, isomers, and salts of isomers is possible within the specific chemical designation. ``(2) In paragraph (1), the term `fentanyl-related substances' includes any substance that is structurally related to fentanyl by 1 or more of the following modifications: ``(A) By replacement of the phenyl portion of the phenethyl group by any monocycle, whether or not further substituted in or on the monocycle. ``(B) By substitution in or on the phenethyl group with alkyl, alkenyl, alkoxyl, hydroxyl, halo, haloalkyl, amino, or nitro groups. ``(C) By substitution in or on the piperidine ring with alkyl, alkenyl, alkoxyl, ester, ether, hydroxyl, halo, haloalkyl, amino, or nitro groups. ``(D) By replacement of the aniline ring with any aromatic monocycle whether or not further substituted in or on the aromatic monocycle. ``(E) By replacement of the N-propionyl group by another acyl group.''. <all>

Federal Initiative To Guarantee Health by Targeting Fentanyl Act

To amend the Controlled Substances Act to list fentanyl-related substances as schedule I controlled substances.

Federal Initiative To Guarantee Health by Targeting Fentanyl Act

Rep. Chabot, Steve

R

OH

H.R.6833

Economics and Public Finance

Continuing Appropriations and Ukraine Supplemental Appropriations Act, 2023 This act provides continuing FY2023 appropriations to federal agencies through December 16, 2022, provides supplemental appropriations for assistance to Ukraine, and establishes a compensation program for victims of the Hermit's Peak/Calf Canyon fire in New Mexico. The act also extends several expiring programs and authorities. (Unless otherwise specified, the extensions referred to in this summary are effective through December 16, 2022.) (Sec. 3) This section provides that references to this Act included in any division of this act refer only to the provisions of the division unless the act expressly provides otherwise. (Sec. 4) This section provides appropriations for a payment to Dean Swihart, the beneficiary of the late Representative Jacqueline Walorski-Swihart. (A gratuity equal to one year's salary has long been given to the heirs or beneficiaries of Members of Congress who die in office.) DIVISION A--CONTINUING APPROPRIATIONS ACT, 2023 Continuing Appropriations Act, 2023 This division provides continuing FY2023 appropriations to federal agencies through the earlier of December 16, 2022, or the enactment of the applicable appropriations act. It is known as a continuing resolution (CR) and prevents a government shutdown that would otherwise occur if the FY2023 appropriations bills have not been enacted when FY2023 begins on October 1, 2022. The CR funds most programs and activities at the FY2022 levels with several exceptions that provide funding flexibility and additional appropriations for various programs. (Sec. 101) This section provides FY2023 appropriations to federal agencies for continuing projects or activities at the levels and under the conditions included in specified FY2022 appropriations acts. The section extends several immigration-related programs and specifies several exceptions. It also includes a provision that provides additional funding for the Administration for Children and Families to carry out the Unaccompanied Children Program. (Sec. 102) This section prohibits the Department of Defense (DOD) from funding new or accelerated production of certain projects and other activities and certain multiyear procurements prior to the enactment of the regular annual appropriations act. (Sec. 103) This section specifies that funds provided by Section 101 of this division shall be available to the extent and in the manner that would be provided in the pertinent appropriations act. (Sec. 104) This section prohibits appropriations provided by Section 101 of this division from being used to initiate or resume any project or activity that was not funded during FY2022. (Sec. 105) This section specifies that appropriations provided by the CR are to be used to conduct FY2023 activities and programs during the period of the CR. (Sec. 106) This section continues the appropriations provided by this division through the earlier of December 16, 2022, or the enactment of the applicable appropriations act. (Sec. 107) This section requires expenditures for activities funded in this division to be charged to the full-year appropriations bill and relevant account when the applicable appropriations bill becomes law. (Sec. 108) This section waives the normal time limitations for submission and approval of apportionments of accounts funded in annual appropriations acts. (Sec. 109) This section limits disbursements for programs that would otherwise have high initial rates of operation or would complete distribution of funding at the beginning of the fiscal year if those actions would impinge on final congressional funding prerogatives. (Sec. 110) This section requires this division to be implemented so that only the most limited funding action permitted by this division is taken in order to provide for continuation of projects and activities. (Sec. 111) This section continues funding for certain appropriated entitlements and mandatory payments with budget authority provided in an FY2022 appropriations act at the rate necessary to maintain program levels under current law. It also provides authority to pay obligations for mandatory payments required to be made through the beginning of January 2023. (Sec. 112) This section permits funding made available by this division for civilian personnel compensation and benefits in each department and agency to be apportioned at the rate necessary to avoid furloughs. It also requires all necessary actions to reduce or defer non-personnel-related administrative expenses to be taken prior to using this authority. (Sec. 113) This section permits funds appropriated by this division to be obligated and expended notwithstanding specified statutory provisions restricting appropriations for foreign assistance, the Department of State, international broadcasting, and intelligence activities in the absence of prior authorizations. (Sec. 114) This section extends designations of disaster relief and emergency requirements to funds provided by this division that previously carried those designations. (Sec. 115) This section sets forth requirements for the treatment of rescissions when federal agencies implement the funding levels provided by the CR. (Sec. 116) This section allows the Department of Agriculture's (USDA's) Farm Service Agency to apportion funding for the Agricultural Credit Insurance Fund Program account at the rate necessary to accommodate approved applications for direct and guaranteed farm ownership loans. (Sec. 117) This section allows USDA's Rural Business-Cooperative Service to use funds provided by this division for loans under the Rural Microentrepreneur Assistance Program. (Sec. 118) This section extends various authorities under the Livestock Mandatory Reporting Act of 1999, which requires buyers of live cattle, swine, and lamb and sellers of wholesale beef, pork, and lamb to report prices, volumes, and other marketing characteristics to USDA's Agricultural Marketing Service. (Sec. 119) This section allows the Economic Development Administration to apportion funding for salaries and expenses at the rate necessary to maintain agency operations. (Sec. 120) This section allows the National Telecommunications and Information Administration to apportion funding for salaries and expenses at the rate necessary to ensure continued oversight of public safety communications programs. (Sec. 121) This section provides additional appropriations to the Federal Bureau of Investigation for investigative activities associated with Afghan resettlement operations. (Sec. 122) This section allows DOD to transfer specified Overseas Humanitarian, Disaster, and Civic Aid funds to the Department of State to support Operation Allies Welcome or any successor operation. (Operation Allies Welcome is the coordinated effort across the federal government to support and resettle Afghan evacuees.) (Sec. 123) This section extends the authority for DOD to provide physical protection and personal security for certain former or retired DOD officials who face serious and credible threats arising from duties performed while employed by DOD. (Sec. 124) This section extends the availability of funding for the Afghan Security Forces Fund by rescinding specified FY2021 funding, appropriating the same amount for FY2022, and allowing the funds to remain available through FY2025. (Sec. 125) This section provides additional emergency funding to the U.S. Army Corps of Engineers for specified water and wastewater infrastructure projects. (Sec. 126) This section extends the authority for the Calfed Bay-Delta Program, which addresses ecosystem restoration and water management issues in California. (Sec. 127) This section extends various Bureau of Reclamation authorities, including authorities related to (1) grants for improvements to Rio Grande Pueblo irrigation infrastructure, and (2) certain activities to aid eligible states affected by drought. (Sec. 128) This section provides additional funding for the Department of the Treasury's Alcohol and Tobacco Tax and Trade Bureau to administer the new Craft Beverage Modernization Act import claims program. (Sec. 129) This section provides additional funding for the Office of the National Cyber Director. (Sec. 130) This section provides additional funding for fees that are paid to jurors. (Sec. 131) This section provides additional funding for security improvements at U.S. courthouses and federal court facilities. (Sec. 132) This section authorizes the District of Columbia to spend local funds at the rates set forth in the Fiscal Year 2023 Local Budget Act of 2022 for programs and activities that were funded in FY2022. (Sec. 133) This section provides additional appropriations to the Small Business Administration (SBA) for costs associated with the establishment and implementation of a government-wide certification program within SBA for service-disabled veteran-owned small businesses. (Sec. 134) This section allows the SBA to apportion funding at the rate necessary to meet demand for commitments for several of its lending programs. (Sec. 135) This section allows the Federal Emergency Management Agency to apportion funding for the Disaster Relief Fund at the rate necessary to carry out response and recovery activities under the Robert T. Stafford Disaster Relief and Emergency Assistance Act. (Sec. 136) This section transfers specified funds from the Disaster Relief Fund to carry out the Hermit's Peak/Calf Canyon Fire Assistance Act. (Sec. 137) This section extends the authority for the Department of Homeland Security's joint task forces. (Sec. 138) This section extends the authorization for the U.S. Secret Service's National Computer Forensic Institute. (Sec. 139) This section extends the authorization for the National Flood Insurance Program. (Sec. 140) This section extends the authority for the Department of Homeland Security (DHS) and the General Services Administration to carry out a pilot program to acquire innovative commercial items through an expedited competitive process. (Sec. 141) This section extends the authority for DHS and the Department of Justice to protect certain facilities and assets from unmanned aircraft. (Sec. 142) This section permits funding provided for the National Park Service's National Recreation and Preservation account for heritage partnership programs to be used to provide continued financial assistance to any national heritage area, national heritage corridor, cultural heritage corridor, national heritage partnership, national heritage route, national heritage canalway, and battlefields national historic district established as of September 1, 2022. (Sec. 143) This section permits funding for the Department of the Interior's Working Capital Fund to be apportioned at the rate necessary to implement enterprise cybersecurity safeguards. (Sec. 144) This section provides additional funding to the Indian Health Service for costs related to staffing and operating facilities that were opened, renovated, or expanded in FY2022 and FY2023. It also allows the funds to be apportioned at the rate necessary to staff and operate the facilities. (Sec. 145) This section provides additional funding for the Substance Abuse and Mental Health Services Administration to carry out 988 Suicide & Crisis Lifeline activities and behavioral health crisis services. (Sec. 146) This section provides additional funding for the Low Income Home Energy Assistance Program (LIHEAP), which provides grants for states, tribes, and territories to operate home energy assistance programs for low-income households. (Sec. 147) This section provides additional funding to the Administration for Children and Families for refugee and entrant assistance activities, including providing shelter and services for unaccompanied minors. (Sec. 148) This section allows a higher spending rate for the Social Security Administration's administrative expenses. (Sec. 149) This section extends the authority to provide resettlement assistance and other benefits and services to evacuees from Afghanistan. (Sec. 150) This section extends funding for the Temporary Assistance for Needy Families (TANF) program. (Sec. 151) This section extends the authority for the Department of Defense to obligate funds for certain military construction projects that first received appropriations in FY2018. (Sec. 152) This section provides additional funding for various Department of State and U.S. Agency for International Development (USAID) programs and activities, including (Sec. 153) This section extends the authorization for the Department of Housing and Urban Development's (HUD's) Mark-to-Market Program. (The program authorizes HUD to renew certain expiring project-based rental assistance contracts with private property owners to allow rents to be reduced to market rates and Federal House Administration-insured mortgages to be restructured to a level that can be supported by the lower rents.) (Sec. 154) This section allows HUD to apportion funding for the Native Hawaiian Housing Loan Guarantee Fund Program at the rate necessary to accommodate demand for commitments to guarantee loans under the program. (Sec. 155) This section provides additional funding for HUD's Community Development Block Grant Disaster Recovery Program to provide assistance for areas impacted by major disasters that occurred in 2021 and 2022. (Sec. 156) This section allows HUD to transfer specified funds from the Project-Based Rental Assistance account to the Rental Housing Assistance account to address a funding shortfall related to the Section 236 Interest Reduction Payment (IRP) program. (The Section 236 IRP program provides payments to owners of certain affordable multifamily rental properties to reduce the effective interest rates on Federal House Administration-insured mortgages.) (Sec. 157) This section extends the availability of specified Department of Transportation funding for National Infrastructure Investments grants through FY2023. DIVISION B--UKRAINE SUPPLEMENTAL APPROPRIATIONS ACT, 2023 Ukraine Supplemental Appropriations Act, 2023 TITLE I--DEPARTMENT OF DEFENSE This title provides appropriations to the Department of Defense (DOD) to respond to the situation in Ukraine and for related expenses, including for Specifically, the title provides appropriations to DOD for It also provides appropriations for the Intelligence Community Management Account. (Sec. 1101) This section requires DOD to report to Congress on measures being taken to account for U.S. defense articles designated for Ukraine since the February 24, 2022, Russian invasion of Ukraine. (Sec. 1102) This section requires DOD, in coordination with the Department of State, to report to Congress on U.S. security assistance provided to Ukraine since the February 24, 2022, Russian invasion of Ukraine. TITLE II-- DEPARTMENT OF ENERGY This title provides appropriations to the National Nuclear Security Administration for defense nuclear nonproliferation activities to respond to the situation in Ukraine (e.g., preparing for and responding to potential nuclear and radiological incidents.) TITLE III--BILATERAL ECONOMIC ASSISTANCE This title provides appropriations to the Economic Support Fund for assistance to Ukraine. (The fund is managed by the State Department and USAID.) (Sec. 1301) This section increases the FY2023 funding cap for the Presidential Drawdown Authority, which authorizes the President to immediately transfer defense articles and services from U.S. stocks to a foreign country or international organization to respond to an unforeseen emergency. This authority has recently been used to provide defense items to Ukraine. (Sec. 1302) This section allows funds provided by this title to be made available for direct financial support for the government of Ukraine, including Ukrainian first responders, and as a cash transfer. It also specifies requirements and restrictions for the funding such as reporting, oversight, and monitoring requirements. TITLE IV--GENERAL PROVISIONS--THIS ACT (Sec. 1401) This section specifies that the funds provided by this division are in addition to funds otherwise appropriated for the fiscal year involved. (Sec. 1402) This section specifies that the funds provided by this division may not remain available beyond the current fiscal year, unless this division provides otherwise. (Sec. 1403) Unless otherwise specified by this division, the funds provided by this division are subject to the authorities and conditions that apply to the applicable appropriations accounts for FY2023. (Sec. 1404) This section designates the funding provided by this division as emergency spending, which is exempt from various budget enforcement procedures. DIVISION C--OTHER MATTERS TITLE I--EXTENSIONS, TECHNICAL CORRECTIONS, AND OTHER MATTERS (Sec. 101) This section extends the authority of the Federal Communications Commission to conduct auctions for electromagnetic spectrum licenses. (Sec. 102) This section extends a special assessment on nonindigent persons or entities convicted of certain offenses involving sexual abuse or human trafficking. The assessment funds programs for human-trafficking survivors. United States Parole Commission Extension Act of 2022 (Sec. 103) This section extends the U.S. Parole Commission. (Sec. 104) This section extends the Commodity Futures Trading Commission Customer Protection Fund expenses account. TITLE II--BUDGETARY EFFECTS This title exempts the budgetary effects of this division and each succeeding division from (1) the Statutory Pay-As-You-Go Act of 2010 (PAYGO), (2) the Senate PAYGO rule, and (3) certain budget scorekeeping rules. DIVISION D--HEALTH AND HUMAN SERVICES EXTENSIONS TITLE I--MEDICARE AND MEDICAID (Sec. 101) This section extends certain increased payment adjustments for low-volume hospitals under Medicare's inpatient prospective payment system. (Sec. 102) This section extends the Medicare-Dependent Hospital Program, which provides additional payments to certain small rural hospitals that have a high proportion of Medicare patients. (Sec. 103) This section extends the increased Medicaid federal matching rate (also known as the Federal Medical Assistance Percentage) for U.S. territories. (Sec. 104) This section decreases funding for the Medicare Improvement Fund. TITLE II--HUMAN SERVICES (Sec. 201) This section extends and provides additional funding for the Maternal, Infant, and Early Childhood Home Visiting Program, which supports pregnant individuals and parents of young children in certain communities through home visits and partnerships with health, social service, and child development professionals. (Sec. 202) This section extends and provides additional funding for the Stephanie Tubbs Jones Child Welfare Services Program and the MaryLee Allen Promoting Safe and Stable Families Program (i.e., Title IV-B child and family services programs). TITLE III--PUBLIC HEALTH (Sec. 301) This section makes permanent the Health Center Volunteer Health Professionals Program, which allows health professionals who volunteer at public or nonprofit health centers to be considered covered Public Health Service employees for purposes of medical malpractice liability coverage under the Federal Tort Claims Act. (Sec. 302) This section allows commissioned officers of the Public Health Service to retain excess annual leave that would otherwise be lost at the end of FY2022. TITLE IV--INDIAN HEALTH This title extends provisions that prohibit the Indian Health Service from disbursing funds to Alaska Native villages or corporations that are located in areas served by Alaska Native regional health entities. DIVISION E--VETERANS AFFAIRS EXTENSIONS TITLE I--EXTENSIONS OF AUTHORITIES RELATING TO HEALTH CARE (Sec. 101) This section extends through FY2024 the authority for the Department of Veterans Affairs (VA) to collect copayments from veterans for hospital care and nursing home care. (Sec. 102) This section extends through FY2024 the requirement that the VA provide nursing home care to certain veterans with a service-connected disability. (Sec. 103) This section extends through FY2026 the authority to continue the VA and Department of Defense joint incentives program related to health care resources. (Sec. 104) This section extends through FY2024 the authority for the Joint Department of Defense-Department of Veterans Affairs Medical Facility Demonstration Fund. (Sec. 105) This section extends through FY2023 the temporary expansion of payments and allowances for beneficiary travel in connection with veterans receiving care from Vet Centers. TITLE II--EXTENSIONS OF AUTHORITIES RELATING TO BENEFITS (Sec. 201) This section extends through FY2024 the authority of the VA to transport individuals to and from VA facilities in connection with vocational rehabilitation, required counseling, or for the purpose of examination, treatment, or care. (Sec. 202) This section extends through FY2024 the authority of the VA to maintain a regional office in the Philippines. (Sec. 203) This section extends through December 31, 2024, the requirement for the VA to submit a report containing a statement for each case recommended to the VA for equitable relief due to administrative error. (Sec. 204) This section extends through December 31, 2024, the authority to provide assistance for specially adapted housing for disabled veterans who are residing temporarily in a residence owned by a family member. (Sec. 205) This section extends through FY2024 the specially adapted housing assistive technology grant program. TITLE III--EXTENSIONS OF AUTHORITIES RELATING TO HOMELESS VETERANS (Sec. 301) This section reauthorizes through FY2024 homeless veterans reintegration programs conducted by the Department of Labor. (Sec. 302) This section reauthorizes through FY2024 a Labor grant program that provides dedicated services for homeless women veterans and homeless veterans with children to expedite the reintegration of the veterans into the labor force. (Sec. 303) This section extends through FY2024 the authority of the VA to provide outreach, treatment, and rehabilitation for seriously mentally ill and homeless veterans. Additionally, the section extends the authority of the VA to operate a program to establish centers for the provision of comprehensive services to homeless veterans. (Sec. 304) This section reauthorizes through FY2024 the Supportive Services for Veterans Families program, which provides financial assistance for supportive services for very low-income veteran families in permanent housing or transitioning from homelessness. (Sec. 305) This section reauthorizes through FY2024 the VA program to provide grants to entities to encourage the development of programs for homeless veterans with special needs. (Sec. 306) This section reauthorizes through FY2026 the Advisory Committee on Homeless Veterans. TITLE IV--EXTENSIONS OF OTHER AUTHORITIES (Sec. 401) This section reauthorizes through FY2026 the monthly assistance allowances available to certain disabled veterans from the Office of National Veterans Sports Programs and Special Events. (Sec. 402) This section reauthorizes through FY2026 the VA program to provide grants to entities planning, developing, managing, and implementing programs to provide adaptive sports opportunities for disabled veterans and members of the Armed Forces. (Sec. 403) This section extends through FY2026 the authority for the VA Advisory Committee on Minority Veterans. (Sec. 404) This section extends through FY2026 the authority for the Veterans' Advisory Committee on Education. (Sec. 405) This section extends through FY2024 the authority of the VA to transfer real property to other agencies, states, or public or private entities. DIVISION F--FDA USER FEE REAUTHORIZATION ACT OF 2022 FDA User Fee Reauthorization Act of 2022 This division extends through FY2027 the authority of the Food and Drug Administration (FDA) to collect user fees for drugs, medical devices, generic drugs, and biosimilar biological products. It also addresses other related issues, such as modifying the formulas for calculating such user fees and reauthorizing various programs. (The FDA collects user fees from various entities, including companies that produce drugs and medical devices. The total amounts generated by each user fee program are set out in statutes. Generally, the FDA negotiates these user fees with the relevant industry every five years.) TITLE I--FEES RELATING TO DRUGS Prescription Drug User Fee Amendments of 2022 (Sec. 1002) This section modifies various definitions in the Federal Food, Drug, and Cosmetic Act. Specifically, it modifies the definition of human drug application to include applications for certain allergenic extract products licensed on or after October 1, 2022. For the purposes of assessing the prescription drug program fee, if a drug manufacturer makes a request for a particular prescription drug to be placed on the list for discontinued drugs, the FDA shall consider the drug discontinued on the date the request is received or when the product will be withdrawn from sale, whichever is later. This section also establishes a statutory definition for skin-test diagnostic product. Generally, such a product is administered to the skin to detect a local hypersensitivity reaction to aid the diagnosis of an allergy or infection with certain pathogens. (Sec. 1003) This section modifies the method by which the FDA assesses drug user fees and extends through FY2027 the FDA's authority to assess and collect such fees. For example, this section establishes through FY2027 the annual base revenue and various adjustments. (The base revenue and various adjustments set the total amount of user fees that the FDA must collect through the particular user fee program each fiscal year.) For the purposes of setting drug user fees, the FDA must make various adjustments including (1) increasing the fees collected each fiscal year for strategic hiring and retention purposes, and (2) adjusting the fees collected for each fiscal year by employing the capacity planning method the FDA used to set such fees for FY2021. This section also establishes that a human drug application for a skin-test diagnostic product shall not be subject to certain fees. Furthermore, this section establishes a rule for fees for an approved human prescription drug that was on the discontinued list on the first day of a fiscal year but is no longer on the list later in the same fiscal year. Generally, the relevant manufacturers of such a drug must pay the annual prescription drug program fee for that fiscal year, if the manufacturer has had a human drug application or supplement pending before the FDA after September 1, 1992. This section also modifies exemptions to the prescription drug program fees for certain drugs. Specifically, this section exempts from such fees (1) certain large volume parenteral products, (2) drugs that are pharmaceutically equivalent to certain FDA-approved drugs, and (3) skin-test diagnostic products. (Sec. 1005) This section repeals a provision that terminates (1) on October 1, 2022, the FDA's authority to assess and collect user fees relating to human drugs, and (2) reporting requirements related to such authority. TITLE II--FEES RELATING TO DEVICES Medical Device User Fee Amendments of 2022 (Sec. 2002) This section amends the statutory definition of process for the review of device applications to include activities related to de novo classification requests. (Medical devices are assigned to one of three classes based on the level of control necessary to assure the device's safety and effectiveness.) (Sec. 2003) This section modifies the method by which the FDA assesses medical device user fees and extends through FY2027 the FDA's authority to assess and collect such fees. For example, the section establishes the total revenue amounts to be generated from such fees for each fiscal year through FY2027. For the purpose of calculating such user fees, this section also authorizes increases for various purposes. For example, for FY2025-FY2027, the base establishment registration fee amounts shall be increased by specified amounts to meet improved performance goals for reviewing certain medical device applications. Other adjustments required by this section include decreases in the amount to be collected for such user fees if (1) the FDA's hiring to support the medical device application process is below certain thresholds, or (2) operating reserves for medical device application review operations exceed certain thresholds. (Sec. 2005) This section permanently reauthorizes and modifies a program under which accredited testing laboratories are involved in assessing whether a medical device complies with certain statutory requirements. Currently, such a laboratory shall assess whether a device conforms to the relevant requirements. Under this section, a laboratory shall conduct tests to support such assessments. (Sec. 2006) This section reauthorizes through December 17, 2022, a program that allows accredited persons to review reports and make recommendations to the FDA pertaining to the initial classification of medical devices. (Sec. 2007) This section repeals a provision that terminates (1) on October 1, 2022, the FDA's authority to assess and collect user fees relating to medical devices, and (2) reporting requirements related to such authority. TITLE III--FEES RELATING TO GENERIC DRUGS Generic Drug User Fee Amendments of 2022 (Sec. 3002) This section modifies the method by which the FDA assesses generic drug user fees and extends through FY2027 the FDA's authority to assess and collect such fees. For example, this section establishes through FY2027 the annual base revenue amount and various adjustments to set the total amount that the FDA must collect each fiscal year for the particular user fee program. The FDA must establish a capacity planning methodology to meet the resource capacity needed for the FDA's human generic drug activities and increase the revenue collected under this user fee program accordingly. The FDA may also increase the user fees assessed for a fiscal year to meet certain operating reserve thresholds for the FDA's human generic drug activities. If the operating reserve increases above certain thresholds, the FDA must reduce the user fees accordingly. (Sec. 3004) This section repeals a provision that terminates (1) on October 1, 2022, the FDA's authority to assess and collect user fees relating to human generic drugs, and (2) reporting requirements related to such authority. TITLE IV--FEES RELATING TO BIOSIMILAR BIOLOGICAL PRODUCTS Biosimilar User Fee Amendments of 2022 (Sec. 4002) This section amends the definition of biosimilar biological product application to include a qualifying application for an allergenic extract product. Currently, applications for allergenic extract products are specifically excluded from the definition. (Sec. 4003) This section modifies the method by which the FDA assesses biosimilar biological product user fees and extends through FY2027 the FDA's authority to assess and collect such fees. For example, this section establishes through FY2027 the annual base revenue and various adjustments to set the total amount that the FDA must collect each fiscal year through the user fee program. For the purposes of setting such user fees, the FDA must (1) increase the fees collected each fiscal year for strategic hiring and retention purposes, and (2) adjust the fees collected for each fiscal year by employing the capacity planning method the FDA used to set such fees in FY2021. The FDA must also increase the user fees assessed for a fiscal year if doing so is necessary to meet certain operating reserve thresholds for the FDA's review of biosimilar biological product applications. If the operating reserve increases above certain thresholds, the FDA must reduce the user fees accordingly. The section also makes other changes to the biosimilar user fees, including by (1) authorizing the FDA to administratively remove from the biosimilar biological product development program a person who has failed to pay the required fee for two consecutive years, and (2) eliminating the biosimilar biological product fee. Furthermore, for the purposes of assessing the biosimilar biological product program fee, if a biosimilar product manufacturer makes a request for a particular biosimilar product to be placed on a list for discontinued products, the FDA shall consider the product discontinued on the date the request is received or when the product will be withdrawn from sale, whichever is later. If an approved biosimilar product was on the discontinued list on the first day of a fiscal year but is no longer on the list later in the fiscal year, the manufacturer of the product must pay the annual biosimilar biological product program fee for that fiscal year. (Sec. 4005) This section repeals a provision that terminates (1) on October 1, 2022, the FDA's authority to assess and collect user fees relating to biosimilar biological products, and (2) reporting requirements related to such authority. TITLE V--REAUTHORIZATION OF OTHER PROVISIONS (Sec. 5001) This section reauthorizes a National Institutes of Health program to (1) develop and publish a priority list of needs in pediatric therapeutics, and (2) award funds to entities with expertise in conducting research regarding such needs. (Sec. 5002) This section reauthorizes through December 17, 2022, the humanitarian device exemption program, which authorizes the FDA to, for the purposes of an application for approval to market a medical device, waive certain effectiveness requirements for an eligible device designed to treat or diagnose a disease or condition that affects no more than 8,000 individuals in the United States. Specifically, a request for such an exemption must be submitted on or before December 17, 2022. (Sec. 5003) This section reauthorizes a program that provides grants or contracts to nonprofit consortia for demonstration projects to promote pediatric device development. (Sec. 5004) This section reauthorizes a provision that allows an applicant for market approval for an eligible single-enantiomer drug to make an election that may qualify the drug for a five-year market exclusivity period. (Sec. 5005) This section reauthorizes the Critical Path Public-Private Partnerships, through which the FDA may enter into collaborative agreements with eligible entities to develop projects designed to achieve certain goals, such as fostering medical product innovation and accelerating medical product development. (Sec. 5006) This section reauthorizes an FDA program that provides grants to defray the costs of developing drugs, medical devices, and medical foods for rare diseases or conditions. (Sec. 5007) This section extends through December 17, 2022, a provision requiring the FDA to accredit persons to inspect facilities that manufacture certain classes of medical devices. (Sec. 5008) This section reauthorizes a provision requiring the FDA to post on its website quarterly reports with information on received generic drug applications and priority review applications. DIVISION G--HERMIT'S PEAK/CALF CANYON FIRE ASSISTANCE ACT Hermit's Peak/Calf Canyon Fire Assistance Act This division provides for monetary compensation to the persons injured by the prescribed fire burn in the Santa Fe National Forest in New Mexico that became a wildfire known as the Hermit's Peak Fire or the Hermit's Peak Fire/Calf Canyon Fire. Each person injured as a result the Hermit's Peak Fire shall be eligible to receive monetary compensation from the United States, including for personal injury, loss of property, business loss, or financial loss. An Office of Hermit's Peak Fire Claims is established within the Federal Emergency Management Agency (FEMA) to receive, process, and pay claims from persons injured by the fire. FEMA or the independent claims manager (which FEMA may appoint) shall, on behalf of the United States, investigate, consider, ascertain, adjust, determine, grant, deny, or settle any claim for money damages asserted by a person injured by the Hermit's Peak Fire. Any claimant aggrieved by a final decision of FEMA concerning compensation may, not later than 60 days after the date on which the decision is issued, bring a civil action in the U.S. District Court for the District of New Mexico to modify or set aside the decision.

[117th Congress Public Law 180] [From the U.S. Government Publishing Office] [[Page 2113]] CONTINUING APPROPRIATIONS AND UKRAINE SUPPLEMENTAL APPROPRIATIONS ACT, 2023 [[Page 136 STAT. 2114]] Public Law 117-180 117th Congress An Act Making continuing appropriations for fiscal year 2023, and for other purposes. <<NOTE: Sept. 30, 2022 - [H.R. 6833]>> Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, <<NOTE: Continuing Appropriations and Ukraine Supplemental Appropriations Act, 2023.>> SECTION 1. SHORT TITLE. This Act may be cited as the ``Continuing Appropriations and Ukraine Supplemental Appropriations Act, 2023''. SEC. 2. TABLE OF CONTENTS. Sec. 1. Short Title. Sec. 2. Table of Contents. Sec. 3. References. Sec. 4. Payment to Widows and Heirs of Deceased Members of Congress. DIVISION A--CONTINUING APPROPRIATIONS ACT, 2023 DIVISION B--UKRAINE SUPPLEMENTAL APPROPRIATIONS ACT, 2023 DIVISION C--OTHER MATTERS Title I--Extensions, Technical Corrections, and Other Matters Title II--Budgetary Effects DIVISION D--HEALTH AND HUMAN SERVICES EXTENSIONS Title I--Medicare and Medicaid Title II--Human Services Title III--Public Health Title IV--Indian Health DIVISION E--VETERANS AFFAIRS EXTENSIONS Title I--Extensions of authorities relating to health care Title II--Extensions of authorities relating to benefits Title III--Extensions of authorities relating to homeless veterans Title IV--Extensions of other authorities DIVISION F--FDA USER FEE REAUTHORIZATION ACT OF 2022 DIVISION G--HERMIT'S PEAK/CALF CANYON FIRE ASSISTANCE ACT SEC. 3. REFERENCES. Except as expressly provided otherwise, any reference to ``this Act'' contained in any division of this Act shall be treated as referring only to the provisions of that division. SEC. 4. <<NOTE: Dean Swihart.>> PAYMENT TO WIDOWS AND HEIRS OF DECEASED MEMBERS OF CONGRESS. There is hereby appropriated for fiscal year 2023, out of any money in the Treasury not otherwise appropriated, for payment to Dean Swihart, beneficiary of Jacqueline Walorski-Swihart, late a Representative from the State of Indiana, $174,000. [[Page 136 STAT. 2115]] DIVISION A <<NOTE: Continuing Appropriations Act, 2023.>> --CONTINUING APPROPRIATIONS ACT, 2023 The following sums are hereby appropriated, out of any money in the Treasury not otherwise appropriated, and out of applicable corporate or other revenues, receipts, and funds, for the several departments, agencies, corporations, and other organizational units of Government for fiscal year 2023, and for other purposes, namely: Sec. 101. Such amounts as may be necessary, at a rate for operations as provided in the applicable appropriations Acts for fiscal year 2022 and under the authority and conditions provided in such Acts, for continuing projects or activities (including the costs of direct loans and loan guarantees) that are not otherwise specifically provided for in this Act, that were conducted in fiscal year 2022, and for which appropriations, funds, or other authority were made available in the following appropriations Acts: (1) <<NOTE: Applicability.>> The Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2022 (division A of Public Law 117-103), except section 783, and except that section 785 shall be applied by substituting ``$125,000,000'' for ``$250,000,000''. (2) The Commerce, Justice, Science, and Related Agencies Appropriations Act, 2022 (division B of Public Law 117-103), except section 521(c)(1). (3) The Department of Defense Appropriations Act, 2022 (division C of Public Law 117-103). (4) The Energy and Water Development and Related Agencies Appropriations Act, 2022 (division D of Public Law 117-103). (5) The Financial Services and General Government Appropriations Act, 2022 (division E of Public Law 117-103), except the matter under the heading ``Postal Regulatory Commission'' in title V. (6) The Department of Homeland Security Appropriations Act, 2022 (division F of Public Law 117-103), except sections 544 and 545, and including title II of division O of Public Law 117-103. (7) The Department of the Interior, Environment, and Related Agencies Appropriations Act, 2022 (division G of Public Law 117- 103). (8) The Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Act, 2022 (division H of Public Law 117-103), and section 162 of division A of Public Law 117-43. (9) The Legislative Branch Appropriations Act, 2022 (division I of Public Law 117-103), and section 6 in the matter preceding division A of Public Law 117-103. (10) The Military Construction, Veterans Affairs, and Related Agencies Appropriations Act, 2022 (division J of Public Law 117-103). (11) The Department of State, Foreign Operations, and Related Programs Appropriations Act, 2022 (division K of Public Law 117-103), except the first proviso of section 7069(e). (12) The Transportation, Housing and Urban Development, and Related Agencies Appropriations Act, 2022 (division L of Public Law 117-103). [[Page 136 STAT. 2116]] Sec. 102. (a) No appropriation or funds made available or authority granted pursuant to section 101 for the Department of Defense shall be used for: (1) the new production of items not funded for production in fiscal year 2022 or prior years; (2) the increase in production rates above those sustained with fiscal year 2022 funds; or (3) the initiation, resumption, or continuation of any project, activity, operation, or organization (defined as any project, subproject, activity, budget activity, program element, and subprogram within a program element, and for any investment items defined as a P-1 line item in a budget activity within an appropriation account and an R-1 line item that includes a program element and subprogram element within an appropriation account) for which appropriations, funds, or other authority were not available during fiscal year 2022. (b) No appropriation or funds made available or authority granted pursuant to section 101 for the Department of Defense shall be used to initiate multi-year procurements utilizing advance procurement funding for economic order quantity procurement unless specifically appropriated later. Sec. 103. Appropriations made by section 101 shall be available to the extent and in the manner that would be provided by the pertinent appropriations Act. Sec. 104. Except as otherwise provided in section 102, no appropriation or funds made available or authority granted pursuant to section 101 shall be used to initiate or resume any project or activity for which appropriations, funds, or other authority were not available during fiscal year 2022. Sec. 105. Appropriations made and authority granted pursuant to this Act shall cover all obligations or expenditures incurred for any project or activity during the period for which funds or authority for such project or activity are available under this Act. Sec. 106. Unless otherwise provided for in this Act or in the applicable appropriations Act for fiscal year 2023, appropriations and funds made available and authority granted pursuant to this Act shall be available until whichever of the following first occurs: (1) The enactment into law of an appropriation for any project or activity provided for in this Act. (2) The enactment into law of the applicable appropriations Act for fiscal year 2023 without any provision for such project or activity. (3) <<NOTE: Expiration date.>> December 16, 2022. Sec. 107. Expenditures made pursuant to this Act shall be charged to the applicable appropriation, fund, or authorization whenever a bill in which such applicable appropriation, fund, or authorization is contained is enacted into law. Sec. 108. Appropriations made and funds made available by or authority granted pursuant to this Act may be used without regard to the time limitations for submission and approval of apportionments set forth in section 1513 of title 31, United States Code, but nothing in this Act may be construed to waive any other provision of law governing the apportionment of funds. Sec. 109. Notwithstanding any other provision of this Act, except section 106, for those programs that would otherwise have high initial rates of operation or complete distribution of appropriations at the beginning of fiscal year 2023 because of distributions [[Page 136 STAT. 2117]] of funding to States, foreign countries, grantees, or others, such high initial rates of operation or complete distribution shall not be made, and no grants shall be awarded for such programs funded by this Act that would impinge on final funding prerogatives. Sec. 110. This Act shall be implemented so that only the most limited funding action of that permitted in the Act shall be taken in order to provide for continuation of projects and activities. Sec. 111. (a) <<NOTE: Extension.>> For entitlements and other mandatory payments whose budget authority was provided in appropriations Acts for fiscal year 2022, and for activities under the Food and Nutrition Act of 2008, activities shall be continued at the rate to maintain program levels under current law, under the authority and conditions provided in the applicable appropriations Act for fiscal year 2022, to be continued through the date specified in section 106(3). (b) <<NOTE: Time period. Deadline.>> Notwithstanding section 106, obligations for mandatory payments due on or about the first day of any month that begins after October 2022 but not later than 30 days after the date specified in section 106(3) may continue to be made, and funds shall be available for such payments. Sec. 112. Amounts made available under section 101 for civilian personnel compensation and benefits in each department and agency may be apportioned up to the rate for operations necessary to avoid furloughs within such department or agency, consistent with the applicable appropriations Act for fiscal year 2022, except that such authority provided under this section shall not be used until after the department or agency has taken all necessary actions to reduce or defer non- personnel-related administrative expenses. Sec. 113. Funds appropriated by this Act may be obligated and expended notwithstanding section 10 of Public Law 91-672 (22 U.S.C. 2412), section 15 of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2680), section 313 of the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 (22 U.S.C. 6212), and section 504(a)(1) of the National Security Act of 1947 (50 U.S.C. 3094(a)(1)). Sec. 114. Each amount incorporated by reference in this Act that was previously designated by the Congress as an emergency requirement pursuant to sections 4001(a)(1) and 4001(b) of S. Con. Res. 14 (117th Congress), the concurrent resolution on the budget for fiscal year 2022, or as being for disaster relief pursuant to section 4005(f) of such concurrent resolution, is designated as being an emergency requirement pursuant to section 4001(a)(1) of such concurrent resolution and section 1(e) of H. Res. 1151 (117th Congress), as engrossed in the House of Representatives on June 8, 2022, or as being for disaster relief pursuant to section 1(f) of such House resolution, respectively. Sec. 115. <<NOTE: Rescissions.>> (a) Rescissions or cancellations of discretionary budget authority that continue pursuant to section 101 in Treasury Appropriations Fund Symbols (TAFS)-- (1) to which other appropriations are not provided by this Act, but for which there is a current applicable TAFS that does receive an appropriation in this Act; or (2) which are no-year TAFS and receive other appropriations in this Act, may be continued instead by reducing the rate for operations otherwise provided by section 101 for such current applicable TAFS, [[Page 136 STAT. 2118]] as long as doing so does not impinge on the final funding prerogatives of the Congress. (b) Rescissions or cancellations described in subsection (a) shall continue in an amount equal to the lesser of-- (1) the amount specified for rescission or cancellation in the applicable appropriations Act referenced in section 101 of this Act; or (2) the <<NOTE: Effective date.>> amount of balances available, as of October 1, 2022, from the funds specified for rescission or cancellation in the applicable appropriations Act referenced in section 101 of this Act. (c) No <<NOTE: Deadline. List.>> later than November 21, 2022, the Director of the Office of Management and Budget shall provide to the Committees on Appropriations of the House of Representatives and the Senate a comprehensive list of the rescissions or cancellations that will continue pursuant to section 101: Provided, <<NOTE: Updates. Effective date.>> That the information in such comprehensive list shall be periodically updated to reflect any subsequent changes in the amount of balances available, as of October 1, 2022, from the funds specified for rescission or cancellation in the applicable appropriations Act referenced in section 101, and such updates shall be transmitted to the Committees on Appropriations of the House of Representatives and the Senate upon request. Sec. 116. Amounts made available by section 101 for ``Farm Service Agency--Agricultural Credit Insurance Fund Program Account'' may be apportioned up to the rate for operations necessary to accommodate approved applications for direct and guaranteed farm ownership loans, as authorized by 7 U.S.C. 1922 et seq. Sec. 117. Amounts made available by section 101 to the Department of Agriculture for ``Rural Business--Cooperative Service--Rural Microentrepreneur Assistance Program'' may be used for the costs of loans, including the cost of modifying such loans, as defined in section 502 of the Congressional Budget Act of 1974, under the same terms and conditions as authorized by section 379E of the Consolidated Farm and Rural Development Act (7 U.S.C. 2008s). Sec. 118. <<NOTE: Applicability.>> Section 260 of the Agricultural Marketing Act of 1946 (7 U.S.C. 1636i) and section 942 of the Livestock Mandatory Reporting Act of 1999 (7 U.S.C. 1635 note; Public Law 106-78) shall be applied by substituting the date specified in section 106(3) of this Act for ``September 30, 2022''. Sec. 119. Amounts made available by section 101 to the Department of Commerce for ``Economic Development Administration--Salaries and Expenses'' may be apportioned up to the rate for operations necessary to maintain agency operations. Sec. 120. Amounts made available by section 101 for ``Department of Commerce--National Telecommunications and Information Administration-- Salaries and Expenses'' may be apportioned up to the rate for operations necessary to ensure continued oversight of public safety communications programs. Sec. 121. In addition to amounts otherwise provided by section 101, for ``Department of Justice--Federal Bureau of Investigation--Salaries and Expenses'', there is appropriated $15,300,000, for an additional amount for fiscal year 2023, to remain available until September 30, 2023, for investigative activities associated with Afghan resettlement operations: Provided, That such amount is designated by the Congress as being for an emergency requirement [[Page 136 STAT. 2119]] pursuant to section 4001(a)(1) of S. Con. Res. 14 (117th Congress), the concurrent resolution on the budget for fiscal year 2022, and section 1(e) of H. Res. 1151 (117th Congress), as engrossed in the House of Representatives on June 8, 2022. Sec. 122. <<NOTE: Expiration date.>> (a) Notwithstanding sections 101 and 106, through September 30, 2023, the Secretary of Defense may transfer up to $3,000,000,000 from unobligated balances from amounts made available under the heading ``Department of Defense--Operation and Maintenance--Overseas Humanitarian, Disaster, and Civic Aid'' in division C of Public Law 117-43 and division B of Public Law 117-70 to any appropriation account under the headings ``Department of State and Related Agency--Department of State--Administration of Foreign Affairs'', ``Bilateral Economic Assistance--Department of State-- Migration and Refugee Assistance'', and ``Bilateral Economic Assistance--Department of State--United States Emergency Refugee and Migration Assistance Fund'' for support of Operation Allies Welcome or any successor operation: Provided, That upon transfer, such funds shall be merged with the appropriation to which such funds are transferred except that such funds may be made available for such purposes notwithstanding any requirement or limitation applicable to the appropriation to which transferred, including sections 2(c)(1) and 2(c)(2) of the Migration and Refugee Assistance Act of 1962 with respect to the United States Emergency Refugee and Migration Assistance Fund and in sections 4(a) and 4(b) of the State Department Basic Authorities Act of 1956 with respect to funds transferred to the Emergencies in the Diplomatic and Consular Service account: Provided further, That section 2215 of title 10, United States Code, shall not apply to a transfer of funds under this subsection: Provided further, <<NOTE: Consultation. Notification.>> That the exercise of the authority of this subsection shall be subject to prior consultation with, and the regular notification procedures of, the Committees on Appropriations of the House of Representatives and the Senate: Provided further, That any funds transferred pursuant to this subsection that were previously designated by the Congress as an emergency requirement pursuant to the concurrent resolution on the budget are designated by the Congress as being for an emergency requirement pursuant to section 4001(a)(1) of S. Con. Res. 14 (117th Congress), the concurrent resolution on the budget for fiscal year 2022, and section 1(e) of H. Res. 1151 (117th Congress), as engrossed in the House of Representatives on June 8, 2022. (b) <<NOTE: Reports.>> Not later than November 1, 2022 and prior to any transfer of funds pursuant to subsection (a), the Director of the Office of Management and Budget shall provide to the Committees on Appropriations of the House of Representatives and the Senate a written report on Operation Allies Welcome or any successor operation: Provided, <<NOTE: Afghans. Relocation. Strategy. Plan. Timeline. Spend plan. Cost estimate.>> That such report shall describe the number and status of Afghans residing at Department of Defense and Department of State-managed facilities and any anticipated future arrivals at such facilities; the strategy and plan, including timeline, for adjudicating and relocating all Afghans residing at Department of Defense or overseas civilian facilities and for the transition of operations and responsibilities under Operation Allies Welcome or any successor operation from the Department of Defense to the Department of State during fiscal year 2023; the activities and responsibilities assigned to each Federal agency involved in such strategy and plan; and a spend plan, containing an estimate [[Page 136 STAT. 2120]] of the costs, including additional construction and security costs, to be incurred by each such agency for carrying out such strategy and plan, and the sources of funds: Provided further, That prior to the initial obligation of funds transferred to the Department of State pursuant to subsection (a), the Secretary of State shall submit a report to such Committees detailing the roles and responsibilities of Department of State bureaus and offices in Operation Allies Welcome or any successor operation. Sec. 123. <<NOTE: Applicability.>> During the period covered by this Act, section 714(b)(2)(B) of title 10, United States Code, shall be applied by substituting ``three years'' for ``two years''. Sec. 124. (a) <<NOTE: Rescission.>> Of the remaining unobligated balances, as of September 30, 2022, from amounts provided under the heading ``Afghanistan Security Forces Fund'' in title IX of division C of Public Law 116-260, $100,000,000 is hereby permanently rescinded, and in addition to amounts otherwise provided by section 101, an amount of additional new budget authority equivalent to the amount rescinded pursuant to this subsection is hereby appropriated on September 30, 2022, for an additional amount for fiscal year 2022, to remain available until September 30, 2025, for the same purposes and under the same authorities provided under such heading in Public Law 116-260, in addition to other funds as may be available for such purposes. (b)(1) <<NOTE: Effective date.>> Subject to paragraph (2), this section shall become effective immediately upon enactment of this Act. (2) <<NOTE: Applicability.>> If this Act is enacted after September 30, 2022, this section shall be applied as if it were in effect on September 30, 2022. Sec. 125. In addition to amounts otherwise provided by section 101, for ``Corps of Engineers--Civil--Construction'', there is appropriated $20,000,000, for an additional amount for fiscal year 2023, to remain available until expended, for necessary expenses related to water and wastewater infrastructure under section 219 of the Water Resources Development Act of 1992 (106 Stat. 4835): Provided, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 4001(a)(1) of S. Con. Res. 14 (117th Congress), the concurrent resolution on the budget for fiscal year 2022, and section 1(e) of H. Res. 1151 (117th Congress), as engrossed in the House of Representatives on June 8, 2022. Sec. 126. <<NOTE: Applicability.>> (a) During the period covered by this Act, title I of Public Law 108-361 (the Calfed Bay-Delta Authorization Act) (118 Stat. 1681), as amended by section 204 of division D of Public Law 117-103, shall be applied by substituting ``2023'' for ``2022'' each place it appears. (b) During the period covered by this Act, section 103(f)(4)(A) of title I of Public Law 108-361 (the Calfed Bay-Delta Authorization Act) (118 Stat. 1696) shall be applied by substituting ``$25,650,000'' for ``$25,000,000''. Sec. 127. <<NOTE: Applicability.>> (a) During the period covered by this Act, section 9106(g)(2) of Public Law 111-11 (Omnibus Public Land Management Act of 2009) shall be applied by substituting ``2023'' for ``2022''. (b) During the period covered by this Act, section 104(c) of the Reclamation States Emergency Drought Relief Act of 1991 (43 U.S.C. 2214(c)) shall be applied by substituting ``2023'' for ``2022''. [[Page 136 STAT. 2121]] (c) During the period covered by this Act, section 301 of the Reclamation States Emergency Drought Relief Act of 1991 (43 U.S.C. 2241) shall be applied by substituting ``2023'' for ``2022''. Sec. 128. In addition to amounts otherwise provided by section 101, amounts are provided for ``Department of the Treasury--Alcohol and Tobacco Tax and Trade Bureau--Salaries and Expenses'' at a rate for operations of $14,929,000, for an additional amount to administer the Craft Beverage Modernization Act import claims program, as required by the Taxpayer Certainty and Disaster Tax Relief Act of 2020, and such amounts may be apportioned up to the rate for operations necessary to establish and implement a new import claims program. Sec. 129. <<NOTE: Applicability.>> Notwithstanding section 101, title II of division E of Public Law 117-103 shall be applied by adding the following new heading and appropriation language under the heading ``Executive Office of the President and Funds Appropriated to the President'': ``Office of the National Cyber Director ``salaries and expenses ``For necessary expenses of the Office of the National Cyber Director, as authorized by section 1752 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116-283), $21,000,000, of which not to exceed $5,000 shall be available for official reception and representation expenses.''. Sec. 130. Notwithstanding section 101, amounts are provided for ``The Judiciary--Courts of Appeals, District Courts, and Other Judicial Services--Fees of Jurors and Commissioners'' at a rate for operations of $59,565,000. Sec. 131. In addition to amounts otherwise provided by section 101, for ``The Judiciary--Courts of Appeals, District Courts, and Other Judicial Services--Court Security'', there is appropriated $112,500,000, for an additional amount for fiscal year 2023, to remain available until expended, for security improvements at United States courthouses and Federal court facilities: <<NOTE: Reports. Time period.>> Provided, That not later than 90 days after the date of enactment of this Act, and every 90 days thereafter until all funds provided by this section have been expended, the Director of the Administrative Office of the United States Courts shall provide, in an appropriate format, quarterly reports on the obligations and expenditures of the funds provided under this section to the Committees on Appropriations of the House of Representatives and the Senate: Provided further, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 4001(a)(1) of S. Con. Res. 14 (117th Congress), the concurrent resolution on the budget for fiscal year 2022, and section 1(e) of H. Res. 1151 (117th Congress), as engrossed in the House of Representatives on June 8, 2022. Sec. 132. Notwithstanding any other provision of this Act, except section 106, the District of Columbia may expend local funds made available under the heading ``District of Columbia--District of Columbia Funds'' for such programs and activities under the District of Columbia Appropriations Act, 2022 (title IV of division E of Public Law 117-103) at the rate set forth in the Fiscal Year [[Page 136 STAT. 2122]] 2023 Local Budget Act of 2022 (D.C. Act 24-486), as modified as of the date of enactment of this Act. Sec. 133. In addition to amounts otherwise provided by section 101, amounts are provided for ``Small Business Administration--Salaries and Expenses'' at a rate for operations of $20,000,000, for an additional amount for costs associated with the establishment and implementation of a Government-wide service-disabled veteran-owned small business certification program within the Small Business Administration, as required by section 36 of the Small Business Act (15 U.S.C. 657f) and section 862 of Public Law 116-283: Provided, <<NOTE: Apportionment. Certification.>> That such amounts may be apportioned up to the rate for operations necessary to establish and implement such certification program: Provided further, That such amounts may be obligated in the account and budget structure set forth in H.R. 8294, as passed by the House of Representatives on July 20, 2022. Sec. 134. Amounts made available by section 101 for ``Small Business Administration--Business Loans Program Account'' may be apportioned up to the rate for operations necessary to accommodate increased demand for commitments for general business loans authorized under paragraphs (1) through (35) of section 7(a) of the Small Business Act (15 U.S.C. 636(a)), for guarantees of trust certificates authorized by section 5(g) of the Small Business Act (15 U.S.C. 634(g)), for commitments to guarantee loans under section 503 of the Small Business Investment Act of 1958 (15 U.S.C. 697), and for commitments to guarantee loans for debentures under section 303(b) of the Small Business Investment Act of 1958 (15 U.S.C. 683(b)). Sec. 135. Amounts made available by section 101 to the Department of Homeland Security under the heading ``Federal Emergency Management Agency--Disaster Relief Fund'' may be apportioned up to the rate for operations necessary to carry out response and recovery activities under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.). Sec. 136. Notwithstanding sections 101, 104, and 106, to carry out the Hermit's Peak/Calf Canyon Fire Assistance Act, there is appropriated $2,500,000,000, to remain available until expended, to the Department of Homeland Security for ``Federal Emergency Management Agency--Hermit's Peak/Calf Canyon Fire Assistance Account'', which shall be derived by transfer from amounts made available under the heading ``Federal Emergency Management Agency--Disaster Relief Fund'' in title VI of division B of the Coronavirus Aid, Relief, and Economic Security Act (Public Law 116-136), of which $1,000,000 shall be transferred to ``Office of the Inspector General--Operations and Support'' for oversight of activities authorized by the Hermit's Peak/Calf Canyon Fire Assistance Act: Provided, That no amounts may be derived from amounts made available for major disasters declared pursuant to the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.): Provided further, That amounts provided by this section shall be subject to the same authorities and conditions as if such amounts were provided by title III of the Department of Homeland Security Appropriations Act, 2022 (division F of Public Law 117-103): Provided further, <<NOTE: Reports. Time period.>> That not later than 90 days after the date of enactment of this Act, and every 90 days thereafter until all funds provided by this section have been expended, the Administrator of the Federal Emergency Management Agency shall [[Page 136 STAT. 2123]] provide, in an appropriate format, quarterly reports to the Committees on Appropriations of the Senate and the House of Representatives on the obligations and expenditures of the funds made available by this section: Provided further, That amounts transferred by this section that were previously designated by the Congress as an emergency requirement pursuant to the Balanced Budget and Emergency Deficit Control Act of 1985 or a concurrent resolution on the budget are designated as an emergency requirement pursuant to section 4001(a)(1) of S. Con. Res. 14 (117th Congress), the concurrent resolution on the budget for fiscal year 2022, and section 1(e) of H. Res. 1151 (117th Congress), as engrossed in the House of Representatives on June 8, 2022. Sec. 137. <<NOTE: Applicability.>> Section 708(b)(13) of the Homeland Security Act of 2002 (6 U.S.C. 348(b)(13)) shall be applied by substituting the date specified in section 106(3) of this Act for ``September 30, 2022''. Sec. 138. <<NOTE: Applicability.>> During the period covered by this Act, section 822(a) of the Homeland Security Act of 2002 (6 U.S.C. 383(a)) shall be applied by substituting ``2023'' for ``2022''. Sec. 139. <<NOTE: Applicability.>> (a) Sections 1309(a) and 1319 of the National Flood Insurance Act of 1968 (42 U.S.C. 4016(a) and 4026) shall be applied by substituting the date specified in section 106(3) of this Act for ``September 30, 2022''. (b)(1) <<NOTE: Effective date.>> Subject to paragraph (2), this section shall become effective immediately upon enactment of this Act. (2) If <<NOTE: Applicability.>> this Act is enacted after September 30, 2022, this section shall be applied as if it were in effect on September 30, 2022. Sec. 140. <<NOTE: Applicability.>> Section 880(g) of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114-328) shall be applied by substituting the date specified in section 106(3) of this Act for ``September 30, 2022''. Sec. 141. <<NOTE: Applicability. Time period.>> Section 210G(i) of the Homeland Security Act of 2002 (6 U.S.C. 124n(i)) shall be applied by substituting the date specified in section 106(3) of this Act for ``the date that is 4 years after the date of enactment of this section''. Sec. 142. Amounts made available by section 101 for ``Department of the Interior--National Park Service--National Recreation and Preservation'' for heritage partnership programs may be used to provide financial assistance to any national heritage area, national heritage corridor, cultural heritage corridor, national heritage partnership, national heritage route, national heritage canalway, and battlefields national historic district established as of September 1, 2022, notwithstanding any statutory sunset provision terminating the Secretary's authority to provide assistance to any such area and notwithstanding any limitation on amounts authorized to be appropriated with respect to any such area. Sec. 143. Amounts made available by section 101 to the Department of the Interior under the heading ``Working Capital Fund'' may be apportioned up to the rate for operations necessary to implement enterprise cybersecurity safeguards. Sec. 144. (a) In addition to amounts otherwise provided by section 101, amounts are provided for ``Department of Health and Human Services--Indian Health Service--Indian Health Services'' at a rate for operations of $16,721,000, for an additional amount for costs of staffing and operating facilities that were opened, renovated, or expanded in fiscal years 2022 and 2023, and such [[Page 136 STAT. 2124]] amounts may be apportioned up to the rate for operations necessary to staff and operate such facilities. (b) In addition to amounts otherwise provided by section 101, amounts are provided for ``Department of Health and Human Services-- Indian Health Service--Indian Health Facilities'' at a rate for operations of $1,201,000, for an additional amount for costs of staffing and operating facilities that were opened, renovated, or expanded in fiscal years 2022 and 2023, and such amounts may be apportioned up to the rate for operations necessary to staff and operate such facilities. Sec. 145. In addition to amounts otherwise provided by section 101, for ``Department of Health and Human Services--Substance Abuse and Mental Health Services Administration--Mental Health'', there is appropriated $62,000,000, for an additional amount for fiscal year 2023, to remain available until September 30, 2023, for carrying out 988 Suicide Lifeline activities and behavioral health crisis services. Sec. 146. In addition to amounts otherwise provided by section 101, for ``Department of Health and Human Services--Administration for Children and Families--Low Income Home Energy Assistance'', there is appropriated $1,000,000,000, for an additional amount for fiscal year 2023, to remain available until September 30, 2023, for making payments under subsection (b) of section 2602 of the Low-Income Home Energy Assistance Act of 1981 (42 U.S.C. 8621 et seq.): Provided, That of the funds made available by this section, $500,000,000 shall be allocated as though the total appropriation for such payments for fiscal year 2023 was less than $1,975,000,000: Provided further, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 4001(a)(1) of S. Con. Res. 14 (117th Congress), the concurrent resolution on the budget for fiscal year 2022, and section 1(e) of H. Res. 1151 (117th Congress), as engrossed in the House of Representatives on June 8, 2022. Sec. 147. In addition to amounts otherwise provided by section 101, for ``Department of Health and Human Services--Administration for Children and Families--Refugee and Entrant Assistance'', there is appropriated $1,775,000,000, for an additional amount for fiscal year 2023, to remain available until September 30, 2025, to carry out section 462 of the Homeland Security Act of 2002 and section 235 of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008, and for refugee and entrant assistance activities authorized by section 414 of the Immigration and Nationality Act and section 501 of the Refugee Education Assistance Act of 1980: Provided, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 4001(a)(1) of S. Con. Res. 14 (117th Congress), the concurrent resolution on the budget for fiscal year 2022, and section 1(e) of H. Res. 1151 (117th Congress), as engrossed in the House of Representatives on June 8, 2022. Sec. 148. <<NOTE: Applicability.>> Notwithstanding section 101, the first paragraph under the heading ``Social Security Administration-- Limitation on Administrative Expenses'' in title IV of division H of Public Law 117-103 shall be applied by substituting ``$13,602,945,000'' for ``$13,202,945,000''. Sec. 149. <<NOTE: Applicability.>> (a) During the period covered by this Act, subsection (a)(1)(A) of section 2502 of the Afghanistan Supplemental Appropriations Act, 2022 (division C of Public Law 117-43) shall be [[Page 136 STAT. 2125]] applied by substituting the date specified in section 106(3) for ``September 30, 2022''. (b) The amount provided by this section is designated as an emergency requirement pursuant to section 4001(a)(1) of S. Con. Res. 14 (117th Congress), the concurrent resolution on the budget for fiscal year 2022, and section 1(e) of H. Res. 1151 (117th Congress), as engrossed in the House of Representatives on June 8, 2022. Sec. 150. <<NOTE: Extension.>> Activities authorized by part A of title IV (other than under section 403(c) or 418) and section 1108(b) of the Social Security Act shall continue through the date specified in section 106(3), in the manner authorized for fiscal year 2022, and out of any money in the Treasury of the United States not otherwise appropriated, there are hereby appropriated such sums as may be necessary for such purpose. Sec. 151. <<NOTE: Applicability.>> Notwithstanding section 101, section 126 of division J of Public Law 117-103 shall be applied during the period covered by this Act by substituting ``fiscal year 2017 and fiscal year 2018'' for ``fiscal year 2017''. Sec. 152. Notwithstanding section 101, amounts are provided for-- (1) ``Department of State and Related Agency--Department of State--Administration of Foreign Affairs--Diplomatic Programs'' at a rate for operations of $9,228,789,000; (2) ``Bilateral Economic Assistance--Funds Appropriated to the President--International Disaster Assistance'' at a rate for operations of $4,555,460,000; (3) ``Bilateral Economic Assistance--Funds Appropriated to the President--Transition Initiatives'' at a rate for operations of $100,000,000; (4) ``Bilateral Economic Assistance--Funds Appropriated to the President--Assistance for Europe, Eurasia and Central Asia'' at a rate for operations of $850,000,000; (5) ``Bilateral Economic Assistance--Department of State-- Migration and Refugee Assistance'' at a rate for operations of $3,562,188,000; (6) ``International Security Assistance--Department of State--International Narcotics Control and Law Enforcement'' at a rate for operations of $1,421,004,000; and (7) ``International Security Assistance--Funds Appropriated to the President--Foreign Military Financing Program'' at a rate for operations of $6,190,424,000. Sec. 153. <<NOTE: Applicability.>> During the period covered by this Act, section 579 of the Multifamily Assisted Housing Reform and Affordability Act of 1997 (42 U.S.C. 1437f note) shall be applied by substituting ``2023'' for ``2022'' each place it appears. Sec. 154. Amounts made available by section 101 to the Department of Housing and Urban Development for ``Public and Indian Housing--Native Hawaiian Housing Loan Guarantee Fund Program Account'' may be apportioned up to the rate for operations necessary to accommodate demand for commitments to guarantee loans as authorized by section 184A of the Housing and Community Development Act of 1992 (12 U.S.C. 1715z- 13b). Sec. 155. In addition to amounts otherwise provided by section 101, for ``Department of Housing and Urban Development--Community Planning and Development--Community Development Fund'', there is appropriated $2,000,000,000, for an additional amount for [[Page 136 STAT. 2126]] fiscal year 2023, to remain available until expended, for the same purposes and under the same terms and conditions as funds appropriated under such heading in title VIII of the Disaster Relief Supplemental Appropriations Act, 2022 (division B of Public Law 117-43), except that such amounts shall be for major disasters that occurred in 2021 or 2022 and the fourth, twentieth, and twenty-first provisos under such heading in such Act shall not apply: Provided, That amounts made available under this section and under such heading in such Act may be used by a grantee to assist utilities as part of a disaster-related eligible activity under section 105(a) of the Housing and Community Development Act of 1974 (42 U.S.C. 5305(a)): Provided further, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 4001(a)(1) of S. Con. Res. 14 (117th Congress), the concurrent resolution on the budget for fiscal year 2022, and section 1(e) of H. Res. 1151 (117th Congress), as engrossed in the House of Representatives on June 8, 2022. Sec. 156. Notwithstanding section 106 of this Act, at any time during fiscal year 2023, the Secretary of Housing and Urban Development may transfer up to $1,300,000 in unobligated balances from amounts made available in prior Acts under the heading ``Housing Programs--Project- Based Rental Assistance'' to Treasury Appropriation Fund Symbol 86 X 0148 for the liquidation of obligations incurred in fiscal year 2018 in connection with the continued provision of interest reduction payments authorized under section 236 of the National Housing Act (12 U.S.C. 1715z-1). Sec. 157. <<NOTE: Effective date. Rescissions.>> (a) The remaining unobligated balances, as of September 30, 2022, from amounts made available for ``Department of Transportation--Office of the Secretary-- National Infrastructure Investments'' in title I of division H of the Further Consolidated Appropriations Act, 2020 (Public Law 116-94) are hereby permanently rescinded, and in addition to amounts otherwise provided by section 101, an amount of additional new budget authority equivalent to the amount rescinded pursuant to this subsection is hereby appropriated on September 30, 2022, for an additional amount for fiscal year 2022, to remain available until September 30, 2023, and shall be available, without additional competition, for completing the funding of awards made pursuant to the fiscal year 2020 national infrastructure investments program, in addition to other funds as may be available for such purposes. (b) <<NOTE: Rescission.>> The remaining unobligated balances, as of September 30, 2022, from amounts made available to the Department of Transportation in section 105 of division L of the Consolidated Appropriations Act, 2021 (Public Law 116-260) are hereby permanently rescinded, and in addition to amounts otherwise provided by section 101, an amount of additional new budget authority equivalent to the amount rescinded pursuant to this subsection is hereby appropriated on September 30, 2022, for an additional amount for fiscal year 2022, to remain available until September 30, 2023, and shall be available, without additional competition, for completing the funding of awards made pursuant to the fiscal year 2019 national infrastructure investments program, in addition to other funds as may be available for such purposes. (c)(1) <<NOTE: Effective date.>> Subject to paragraph (2), this section shall become effective immediately upon enactment of this Act. [[Page 136 STAT. 2127]] (2) <<NOTE: Applicability.>> If this Act is enacted after September 30, 2022, this section shall be applied as if it were in effect on September 30, 2022. This division may be cited as the ``Continuing Appropriations Act, 2023''. DIVISION B <<NOTE: Ukraine Supplemental Appropriations Act, 2023.>> -- UKRAINE SUPPLEMENTAL APPROPRIATIONS ACT, 2023 The following sums are appropriated, out of any money in the Treasury not otherwise appropriated, for the fiscal year ending September 30, 2023, and for other purposes, namely: TITLE I DEPARTMENT OF DEFENSE Military Personnel Military Personnel, Army For an additional amount for ``Military Personnel, Army'', $110,107,000, to remain available until September 30, 2023, to respond to the situation in Ukraine and for related expenses. Military Personnel, Navy For an additional amount for ``Military Personnel, Navy'', $462,000, to remain available until September 30, 2023, to respond to the situation in Ukraine and for related expenses. Military Personnel, Marine Corps For an additional amount for ``Military Personnel, Marine Corps'', $600,000, to remain available until September 30, 2023, to respond to the situation in Ukraine and for related expenses. Military Personnel, Air Force For an additional amount for ``Military Personnel, Air Force'', $11,582,000, to remain available until September 30, 2023, to respond to the situation in Ukraine and for related expenses. OPERATION AND MAINTENANCE Operation and Maintenance, Army For an additional amount for ``Operation and Maintenance, Army'', $654,696,000, to remain available until September 30, 2023, to respond to the situation in Ukraine and for related expenses. Operation and Maintenance, Navy For an additional amount for ``Operation and Maintenance, Navy'', $433,035,000, to remain available until September 30, 2023, to respond to the situation in Ukraine and for related expenses. [[Page 136 STAT. 2128]] Operation and Maintenance, Marine Corps For an additional amount for ``Operation and Maintenance, Marine Corps'', $34,984,000, to remain available until September 30, 2023, to respond to the situation in Ukraine and for related expenses. Operation and Maintenance, Air Force For an additional amount for ``Operation and Maintenance, Air Force'', $267,084,000, to remain available until September 30, 2023, to respond to the situation in Ukraine and for related expenses. Operation and Maintenance, Space Force For an additional amount for ``Operation and Maintenance, Space Force'', $1,771,000, to remain available until September 30, 2023, to respond to the situation in Ukraine and for related expenses. Operation and Maintenance, Defense-Wide (including transfer of funds) For an additional amount for ``Operation and Maintenance, Defense- Wide'', $4,713,544,000, to remain available until September 30, 2023, to respond to the situation in Ukraine and for related expenses: Provided, That of the total amount provided under this heading in this Act, $3,000,000,000, to remain available until September 30, 2024, shall be for the Ukraine Security Assistance Initiative: Provided further, That such funds for the Ukraine Security Assistance Initiative shall be available to the Secretary of Defense under the same terms and conditions as are provided for in section 8139 of the Department of Defense Appropriations Act, 2022 (division C of Public Law 117-103): Provided further, That of the total amount provided under this heading in this Act, up to $1,500,000,000, to remain available until September 30, 2024, may be transferred to accounts under the headings ``Operation and Maintenance'' and ``Procurement'' for replacement of defense articles from the stocks of the Department of Defense, and for reimbursement for defense services of the Department of Defense and military education and training, provided to the government of Ukraine or to foreign countries that have provided support to Ukraine at the request of the United States: Provided further, That funds transferred pursuant to a transfer authority provided under this heading in this Act shall be merged with and available for the same purposes and for the same time period as the appropriations to which the funds are transferred: Provided further, <<NOTE: Notification. Deadline.>> That the Secretary of Defense shall notify the congressional defense committees of the details of such transfers not less than 15 days before any such transfer: Provided further, <<NOTE: Determination.>> That upon a determination that all or part of the funds transferred from this appropriation are not necessary for the purposes provided herein, such amounts may be transferred back and merged with this appropriation: Provided further, That the transfer authority provided under this heading in this Act is in addition to any other transfer authority provided by law. [[Page 136 STAT. 2129]] PROCUREMENT Missile Procurement, Army For an additional amount for ``Missile Procurement, Army'', $450,000,000, to remain available until September 30, 2025, to respond to the situation in Ukraine and for related expenses. Procurement of Ammunition, Army For an additional amount for ``Procurement of Ammunition, Army'', $540,000,000, to remain available until September 30, 2025, for expansion of public and private plants, including the land necessary therefor, and procurement and installation of equipment, appliances, and machine tools in such plants, for the purpose of increasing production of critical munitions to replace defense articles provided to the Government of Ukraine or foreign countries that have provided support to Ukraine at the request of the United States. Other Procurement, Army For an additional amount for ``Other Procurement, Army'', $3,890,000, to remain available until September 30, 2025, to respond to the situation in Ukraine and for related expenses. Other Procurement, Navy For an additional amount for ``Other Procurement, Navy'', $2,170,000, to remain available until September 30, 2025, to respond to the situation in Ukraine and for related expenses. Other Procurement, Air Force For an additional amount for ``Other Procurement, Air Force'', $437,991,000, to remain available until September 30, 2025, to respond to the situation in Ukraine and for other expenses. Procurement, Defense-Wide For an additional amount for ``Procurement, Defense-Wide'', $9,770,000, to remain available until September 30, 2025, to respond to the situation in Ukraine and for related expenses. RESEARCH, DEVELOPMENT, TEST AND EVALUATION Research, Development, Test and Evaluation, Army For an additional amount for ``Research, Development, Test and Evaluation, Army'', $3,300,000, to remain available until September 30, 2024, to respond to the situation in Ukraine and for related expenses. Research, Development, Test and Evaluation, Navy For an additional amount for ``Research, Development, Test and Evaluation, Navy'', $2,077,000, to remain available until September 30, 2024, to respond to the situation in Ukraine and for related expenses. [[Page 136 STAT. 2130]] Research, Development, Test and Evaluation, Air Force For an additional amount for ``Research, Development, Test and Evaluation, Air Force'', $99,704,000, to remain available until September 30, 2024, to respond to the situation in Ukraine and for related expenses. Research, Development, Test and Evaluation, Defense-Wide For an additional amount for ``Research, Development, Test and Evaluation, Defense-Wide'', $31,230,000, to remain available until September 30, 2024, to respond to the situation in Ukraine and for related expenses. OTHER DEPARTMENT OF DEFENSE PROGRAMS Office of the Inspector General For an additional amount for ``Office of the Inspector General'', $2,000,000, to remain available until September 30, 2023, to carry out reviews of the activities of the Department of Defense to execute funds appropriated in this title, including assistance provided to Ukraine: Provided, <<NOTE: Briefing. Deadline.>> That the Inspector General of the Department of Defense shall provide to the congressional defense committees a briefing not later than 90 days after the date of enactment of this Act. RELATED AGENCIES Intelligence Community Management Account For an additional amount for ``Intelligence Community Management Account'', $500,000, to remain available until September 30, 2023, to respond to the situation in Ukraine and for related expenses. GENERAL PROVISIONS--THIS TITLE Sec. 1101. <<NOTE: Reports. Coordination.>> Not later than 60 days after the date of enactment of this Act, the Secretary of Defense, in coordination with the Secretary of State, shall submit a report to the Committees on Appropriations, Armed Services, and Foreign Affairs of the House of Representatives and the Committees on Appropriations, Armed Services, and Foreign Relations of the Senate on measures being taken to account for United States defense articles designated for Ukraine since the February 24, 2022, Russian invasion of Ukraine, particularly measures with regard to such articles that require enhanced end-use monitoring; measures to ensure that such articles reach their intended recipients and are used for their intended purposes; and any other measures to promote accountability for the use of such articles: Provided, That such report shall include a description of any occurrences of articles not reaching their intended recipients or used for their intended purposes and a description of any remedies taken: Provided further, That such report shall be submitted in unclassified form, but may be accompanied by a classified annex. Sec. 1102. <<NOTE: Reports. Time periods. Coordination.>> Not later than 30 days after the date of enactment of this Act, and every 30 days thereafter through fiscal year 2023, [[Page 136 STAT. 2131]] the Secretary of Defense, in coordination with the Secretary of State, shall provide a written report to the Committees on Appropriations, Armed Services, and Foreign Affairs of the House of Representatives and the Committees on Appropriations, Armed Services, and Foreign Relations of the Senate describing United States security assistance provided to Ukraine since the February 24, 2022, Russian invasion of Ukraine, including a comprehensive list of the defense articles and services provided to Ukraine and the associated authority and funding used to provide such articles and services: Provided, That such report shall be submitted in unclassified form, but may be accompanied by a classified annex. TITLE II DEPARTMENT OF ENERGY ATOMIC ENERGY DEFENSE ACTIVITIES NATIONAL NUCLEAR SECURITY ADMINISTRATION Defense Nuclear Nonproliferation For an additional amount for ``Defense Nuclear Nonproliferation'', $35,000,000, to remain available until expended, to respond to the situation in Ukraine and for related expenses. TITLE III BILATERAL ECONOMIC ASSISTANCE Funds Appropriated to the President economic support fund For an additional amount for ``Economic Support Fund'', $4,500,000,000, to remain available until September 30, 2024, for assistance for Ukraine: Provided, That funds appropriated under this heading in this Act may be made available notwithstanding any other provision of law that restricts assistance to foreign countries and may be made available as contributions. GENERAL PROVISIONS--THIS TITLE Sec. 1301. <<NOTE: Applicability.>> During fiscal year 2023, section 506(a)(1) of the Foreign Assistance Act of 1961 (22 U.S.C. 2318(a)(1)) shall be applied by substituting ``$3,700,000,000'' for ``$100,000,000''. Sec. 1302. <<NOTE: Requirements.>> (a) Funds appropriated by this title shall be made available for direct financial support for the Government of Ukraine, including for Ukrainian first responders, and may be made available as a cash transfer subject to the requirements of subsection (b): Provided, <<NOTE: Reimbursement.>> That such funds shall be provided on a reimbursable basis and matched by sources other than the United States Government, to the maximum extent practicable: Provided further, That the Secretary of State or the Administrator of the United States Agency for International Development, as appropriate, shall ensure third-party monitoring of such funds: Provided further, <<NOTE: Deadline. Consultation. Certification. Reports.>> That at least 15 days prior to the initial obligation of such funds, the Secretary of State, following consultation with the Administrator [[Page 136 STAT. 2132]] of the United States Agency for International Development, shall certify and report to the appropriate congressional committees that mechanisms for monitoring and oversight of such funds are in place and functioning and that the Government of Ukraine has in place substantial safeguards to prevent corruption and ensure accountability of such funds: Provided further, <<NOTE: Reports. Assessments.>> That not less than 45 days after the initial obligation of such funds, the Inspectors General of the Department of State and the United States Agency for International Development shall submit a report to the appropriate congressional committees detailing and assessing the mechanisms for monitoring and safeguards described in the previous proviso. (b) <<NOTE: Memorandum.>> Funds made available to the Government of Ukraine as a cash transfer under subsection (a) shall be subject to a memorandum of understanding between the Governments of the United States and Ukraine that describes how the funds proposed to be made available will be used and the appropriate safeguards to ensure transparency and accountability: Provided, That such assistance shall be maintained in a separate, auditable account and may not be comingled with any other funds. (c) <<NOTE: Reports. Time period.>> The Secretary of State or the Administrator of the United States Agency for International Development, as appropriate, shall report to the appropriate congressional committees on the uses of funds provided for direct financial support to the Government of Ukraine pursuant to subsection (a) not later than 45 days after the date of enactment of this Act and every 45 days thereafter until all such funds have been expended: Provided, <<NOTE: Summary.>> That such report shall include a detailed description of the use of such funds, including categories and amounts, the intended results and the results achieved, a summary of other donor contributions, and a description of the efforts undertaken by the Secretary and Administrator to increase other donor contributions for direct financial support: Provided further, That such report shall also include the metrics established to measure such results. (d) <<NOTE: Notification.>> Funds made available for the purposes of subsection (a) shall be subject to the regular notification procedures of the Committees on Appropriations of the House of Representatives and the Senate. TITLE IV GENERAL PROVISIONS--THIS ACT Sec. 1401. Each amount appropriated or made available by this Act is in addition to amounts otherwise appropriated for the fiscal year involved. Sec. 1402. No part of any appropriation contained in this Act shall remain available for obligation beyond the current fiscal year unless expressly so provided herein. Sec. 1403. Unless otherwise provided for by this Act, the additional amounts appropriated by this Act to appropriations accounts shall be available under the authorities and conditions applicable to such appropriations accounts for fiscal year 2023. Sec. 1404. Each amount provided by this division is designated by the Congress as being for an emergency requirement pursuant to section 4001(a)(1) of S. Con. Res. 14 (117th Congress), the concurrent resolution on the budget for fiscal year 2022, and section [[Page 136 STAT. 2133]] 1(e) of H. Res. 1151 (117th Congress), as engrossed in the House of Representatives on June 8, 2022. This division may be cited as the ``Ukraine Supplemental Appropriations Act, 2023''. DIVISION C--OTHER MATTERS TITLE I--EXTENSIONS, TECHNICAL CORRECTIONS, AND OTHER MATTERS SEC. 101. EXTENSION OF FCC AUCTION AUTHORITY. Section 309(j)(11) of the Communications Act of 1934 (47 U.S.C. 309(j)(11)) is amended by striking ``September 30, 2022'' and inserting ``December 16, 2022''. SEC. 102. EXTENSION OF AUTHORIZATION FOR SPECIAL ASSESSMENT FOR DOMESTIC TRAFFICKING VICTIMS' FUND. Section 3014(a) of title 18, United States Code, is amended, in the matter preceding paragraph (1), by striking ``September 30, 2022'' and inserting ``December 16, 2022''. SEC. 103. <<NOTE: United States Parole Commission Extension Act of 2022.>> UNITED STATES PAROLE COMMISSION EXTENSION. (a) <<NOTE: 18 USC 1 note.>> Short Title.--This section may be cited as the ``United States Parole Commission Extension Act of 2022''. (b) <<NOTE: 18 USC 3551 note.>> Amendment of Sentencing Reform Act of 1984.--For purposes of section 235(b) of the Sentencing Reform Act of 1984 (18 U.S.C. 3551 note; Public Law 98-473; 98 Stat. 2032), as such section relates to chapter 311 of title 18, United States Code, and the United States Parole Commission, each reference in such section to ``35 years'' or ``35-year period'' shall be deemed a reference to ``35 years and 46 days'' or ``35-year and 46-day period'', respectively. SEC. 104. EXTENSION OF COMMODITY FUTURES TRADING COMMISSION CUSTOMER PROTECTION FUND EXPENSES ACCOUNT. Section 1(b) of Public Law 117-25 (135 Stat. 297) is amended by striking ``October 1, 2022'' each place it appears and inserting ``December 16, 2022''. TITLE II--BUDGETARY EFFECTS SEC. 201. BUDGETARY EFFECTS. (a) Statutory PAYGO Scorecards.--The budgetary effects of this division and each succeeding division shall not be entered on either PAYGO scorecard maintained pursuant to section 4(d) of the Statutory Pay-As-You-Go Act of 2010. (b) Senate PAYGO Scorecards.--The budgetary effects of this division and each succeeding division shall not be entered on any PAYGO scorecard maintained for purposes of section 4106 of H. Con. Res. 71 (115th Congress). (c) Classification of Budgetary Effects.--Notwithstanding Rule 3 of the Budget Scorekeeping Guidelines set forth in the joint explanatory statement of the committee of conference accompanying Conference Report 105-217 and section 250(c)(8) of the Balanced Budget and Emergency Deficit Control Act of 1985, the [[Page 136 STAT. 2134]] budgetary effects of this division and each succeeding division shall not be estimated-- (1) for purposes of section 251 of such Act; (2) for purposes of an allocation to the Committee on Appropriations pursuant to section 302(a) of the Congressional Budget Act of 1974; and (3) for purposes of paragraph (4)(C) of section 3 of the Statutory Pay-As-You-Go Act of 2010 as being included in an appropriation Act. DIVISION D--HEALTH AND HUMAN SERVICES EXTENSIONS TITLE I--MEDICARE AND MEDICAID SEC. 101. EXTENSION OF INCREASED INPATIENT HOSPITAL PAYMENT ADJUSTMENT FOR CERTAIN LOW-VOLUME HOSPITALS. (a) <<NOTE: Time periods.>> In General.--Section 1886(d)(12) of the Social Security Act (42 U.S.C. 1395ww(d)(12)) is amended-- (1) in subparagraph (B), in the matter preceding clause (i), by striking ``in fiscal year 2023 and subsequent fiscal years'' and inserting ``during the portion of fiscal year 2023 beginning on December 17, 2022, and ending on September 30, 2023, and in fiscal year 2024 and subsequent fiscal years''; (2) in subparagraph (C)(i)-- (A) in the matter preceding subclause (I)-- (i) by inserting ``or portion of a fiscal year'' after ``for a fiscal year''; and (ii) by inserting ``and the portion of fiscal year 2023 beginning on October 1, 2022, and ending on December 16, 2022'' after ``through 2022''; (B) in subclause (III), by inserting ``and the portion of fiscal year 2023 beginning on October 1, 2022, and ending on December 16, 2022'' after ``through 2022''; and (C) in subclause (IV), by striking ``fiscal year 2023'' and inserting ``the portion of fiscal year 2023 beginning on December 17, 2022, and ending on September 30, 2023, and fiscal year 2024''; and (3) in subparagraph (D)-- (A) in the matter preceding clause (i), by inserting ``or during the portion of fiscal year 2023 beginning on October 1, 2022, and ending on December 16, 2022'' after ``through 2022''; and (B) in clause (ii), by inserting ``and the portion of fiscal year 2023 beginning on October 1, 2022, and ending on December 16, 2022'' after ``through 2022''. (b) <<NOTE: 42 USC 1395ww note.>> Implementation.--Notwithstanding any other provision of law, the Secretary of Health and Human Services may implement the provisions of, including the amendments made by, this section by program instruction or otherwise. SEC. 102. EXTENSION OF THE MEDICARE-DEPENDENT HOSPITAL (MDH) PROGRAM. (a) In General.--Section 1886(d)(5)(G) of the Social Security Act (42 U.S.C. 1395ww(d)(5)(G)) is amended-- [[Page 136 STAT. 2135]] (1) in clause (i), by striking ``October 1, 2022'' and inserting ``December 17, 2022''; and (2) in clause (ii)(II), by striking ``October 1, 2022'' and inserting ``December 17, 2022''. (b) Conforming Amendments.-- (1) Extension of target amount.--Section 1886(b)(3)(D) of the Social Security Act (42 U.S.C. 1395ww(b)(3)(D)) is amended-- (A) in the matter preceding clause (i), by striking ``October 1, 2022'' and inserting ``December 17, 2022''; and (B) <<NOTE: Time period.>> in clause (iv), by inserting ``and the portion of fiscal year 2023 beginning on October 1, 2022, and ending on December 16, 2022,'' after ``through fiscal year 2022''. (2) <<NOTE: Time periods.>> Permitting hospitals to decline reclassification.--Section 13501(e)(2) of the Omnibus Budget Reconciliation Act of 1993 (42 U.S.C. 1395ww note) is amended by striking ``or fiscal year 2000 through fiscal year 2022,'' and inserting ``fiscal year 2000 through fiscal year 2022, or the portion of fiscal year 2023 beginning on October 1, 2022, and ending on December 16, 2022''. SEC. 103. EXTENSION OF INCREASED FMAPS FOR THE TERRITORIES. Section 1905(ff) of the Social Security Act (42 U.S.C. 1396d(ff)) is amended by striking ``December 13'' each place it appears and inserting ``December 16'' in each such place. SEC. 104. REDUCTION OF MEDICARE IMPROVEMENT FUND. Section 1898(b)(1) of the Social Security Act (42 U.S.C. 1395iii(b)(1)) is amended by striking ``$7,500,000,000'' and inserting ``$7,308,000,000''. TITLE II--HUMAN SERVICES SEC. 201. EXTENSION OF MATERNAL, INFANT, AND EARLY CHILDHOOD HOME VISITING PROGRAMS. Activities authorized by section 511 of the Social Security Act shall continue through December 16, 2022, in the manner authorized for fiscal year 2022, and out of any money in the Treasury of the United States not otherwise appropriated, there is hereby appropriated for such purpose an amount equal to the pro rata portion of the amount appropriated for such activities for fiscal year 2022. SEC. 202. EXTENSION OF CHILD AND FAMILY SERVICES PROGRAMS. Activities authorized by part B of title IV of the Social Security Act shall continue through December 16, 2022, in the manner authorized for fiscal year 2022, and out of any money in the Treasury of the United States not otherwise appropriated, there are hereby appropriated such sums as may be necessary for such purpose. [[Page 136 STAT. 2136]] TITLE III--PUBLIC HEALTH SEC. 301. EXTENSION OF THE PROGRAM TO DEEM CERTAIN HEALTH PROFESSIONAL VOLUNTEERS EMPLOYEES OF THE PUBLIC HEALTH SERVICE UNDER CERTAIN CIRCUMSTANCES. (a) In General.--Section 224(q) of the Public Health Service Act (42 U.S.C. 233(q)) is amended by striking paragraph (6). (b) Technical Corrections.--Section 224 of the Public Health Service Act (42 U.S.C. 233) is amended-- (1) in subsection (g)(1)(H)(iv), by striking ``this section.'' and inserting ``this section).''; (2) in subsection (k)(3), by inserting ``governing board members,'' after ``officers,''; (3) in subsection (p)(7)(A)(i), by moving the margin of subclause (II) 2 ems to the left; and (4) in subsection (q)(5)(A), by striking ``and paragraph (6)''. SEC. 302. <<NOTE: Applicability. 42 USC 210-1 note.>> EXTENSION OF AUTHORIZATION FOR A COMMISSIONED OFFICER OF THE PUBLIC HEALTH SERVICE TO ACCUMULATE EXCESS ANNUAL LEAVE. For purposes of annual leave accumulated in fiscal year 2022, the authority provided in section 2106 of division C of Public Law 116-159 (42 U.S.C. 210-1 note) shall apply to such leave by substituting ``2022'' for ``2020'' in subsections (a) and (d)(2). TITLE IV--INDIAN HEALTH SEC. 401. EXTENSION OF MORATORIUM. Section 424(a) of title IV of division G of Public Law 113- 76 <<NOTE: 128 Stat. 343.>> is amended by striking ``October 1, 2019'' and inserting ``December 16, 2022''. DIVISION E--VETERANS AFFAIRS EXTENSIONS TITLE I--EXTENSIONS OF AUTHORITIES RELATING TO HEALTH CARE SEC. 101. EXTENSION OF AUTHORITY FOR COLLECTION OF COPAYMENTS FOR HOSPITAL CARE AND NURSING HOME CARE. Section 1710(f)(2)(B) of title 38, United States Code, is amended by striking ``September 30, 2022'' and inserting ``September 30, 2024''. SEC. 102. EXTENSION OF REQUIREMENT TO PROVIDE NURSING HOME CARE TO CERTAIN VETERANS WITH SERVICE-CONNECTED DISABILITIES. Section 1710A(d) of title 38, United States Code, is amended by striking ``September 30, 2022'' and inserting ``September 30, 2024''. [[Page 136 STAT. 2137]] SEC. 103. EXTENSION OF AUTHORITY TO CONTINUE DOD-VA HEALTH CARE SHARING INCENTIVE FUND. Section 8111(d)(3) of title 38, United States Code, is amended by striking ``September 30, 2023'' and inserting ``September 30, 2026''. SEC. 104. EXTENSION OF AUTHORITY FOR JOINT DEPARTMENT OF DEFENSE- DEPARTMENT OF VETERANS AFFAIRS MEDICAL FACILITY DEMONSTRATION FUND. Section 1704(e) of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111-84; 123 Stat. 2573), as most recently amended by section 715 of the National Defense Authorization Act for Fiscal Year 2022 (Public Law 117-81; 135 Stat. 1787), is amended by striking ``September 30, 2023'' and inserting ``September 30, 2024''. SEC. 105. EXTENSION OF TEMPORARY EXPANSION OF PAYMENTS AND ALLOWANCES FOR BENEFICIARY TRAVEL IN CONNECTION WITH VETERANS RECEIVING CARE FROM VET CENTERS. Section 104(a) of the Honoring America's Veterans and Caring for Camp Lejeune Families Act of 2012 (Public Law 112-154; 126 Stat. 1169), as most recently amended by section 3 of the Department of Veterans Affairs Expiring Authorities Act of 2021 (Public Law 117-42; 135 Stat. 342), is amended by striking ``September 30, 2022'' and inserting ``September 30, 2023''. TITLE II--EXTENSIONS OF AUTHORITIES RELATING TO BENEFITS SEC. 201. EXTENSION OF AUTHORITY TO TRANSPORT INDIVIDUALS TO AND FROM DEPARTMENT OF VETERANS AFFAIRS FACILITIES. Section 111A(a)(2) of title 38, United States Code, is amended by striking ``September 30, 2022'' and inserting ``September 30, 2024''. SEC. 202. EXTENSION OF AUTHORITY TO MAINTAIN REGIONAL OFFICE IN THE REPUBLIC OF THE PHILIPPINES. Section 315(b) of title 38, United States Code, is amended by striking ``September 30, 2022'' and inserting ``September 30, 2024''. SEC. 203. EXTENSION OF AUTHORITY FOR REPORT ON EQUITABLE RELIEF PROVIDED DUE TO ADMINISTRATIVE ERROR. Section 503(c) of title 38, United States Code, is amended by striking ``December 31, 2022'' and inserting ``December 31, 2024''. SEC. 204. EXTENSION OF AUTHORITY TO PROVIDE ASSISTANCE FOR SPECIALLY ADAPTED HOUSING FOR DISABLED VETERANS RESIDING TEMPORARILY IN HOUSING OWNED BY A FAMILY MEMBER. Section 2102A(e) of title 38, United States Code, is amended by striking ``December 31, 2022'' and inserting ``December 31, 2024''. [[Page 136 STAT. 2138]] SEC. 205. EXTENSION OF SPECIALLY ADAPTED HOUSING ASSISTIVE TECHNOLOGY GRANT PROGRAM. Section 2108(g) of title 38, United States Code, is amended by striking ``September 30, 2022'' and inserting ``September 30, 2024''. TITLE III--EXTENSIONS OF AUTHORITIES RELATING TO HOMELESS VETERANS SEC. 301. EXTENSION OF AUTHORIZATION OF APPROPRIATIONS FOR HOMELESS VETERANS REINTEGRATION PROGRAMS. Section 2021(e)(1)(F) of title 38, United States Code, is amended by striking ``2022'' and inserting ``2024''. SEC. 302. EXTENSION OF AUTHORIZATION OF APPROPRIATIONS FOR HOMELESS WOMEN VETERANS AND HOMELESS VETERANS WITH CHILDREN REINTEGRATION GRANT PROGRAM. Section 2021A(f)(1) of title 38, United States Code, is amended by striking ``2022'' and inserting ``2024''. SEC. 303. EXTENSION OF AUTHORITY FOR TREATMENT AND REHABILITATION FOR SERIOUSLY MENTALLY ILL AND HOMELESS VETERANS. (a) General Treatment.--Section 2031(b) of title 38, United States Code, is amended by striking ``September 30, 2022'' and inserting ``September 30, 2024''. (b) Additional Services at Certain Locations.--Section 2033(d) of such title is amended by striking ``September 30, 2022'' and inserting ``September 30, 2024''. SEC. 304. EXTENSION OF FUNDING FOR FINANCIAL ASSISTANCE FOR SUPPORTIVE SERVICES FOR VERY LOW-INCOME VETERAN FAMILIES IN PERMANENT HOUSING. Section 2044(e)(1)(H) of title 38, United States Code, is amended by striking ``and 2022'' and inserting ``through 2024''. SEC. 305. EXTENSION OF FUNDING FOR GRANT PROGRAM FOR HOMELESS VETERANS WITH SPECIAL NEEDS. Section 2061(d)(1) of title 38, United States Code, is amended by striking ``2022'' and inserting ``2024''. SEC. 306. EXTENSION OF AUTHORITY FOR THE ADVISORY COMMITTEE ON HOMELESS VETERANS. Section 2066(d) of title 38, United States Code, is amended by striking ``September 30, 2022'' and inserting ``September 30, 2026''. [[Page 136 STAT. 2139]] TITLE IV--EXTENSIONS OF OTHER AUTHORITIES SEC. 401. EXTENSION OF AUTHORIZATION OF APPROPRIATIONS FOR MONTHLY ASSISTANCE ALLOWANCE UNDER THE OFFICE OF NATIONAL VETERANS SPORTS PROGRAMS AND SPECIAL EVENTS. Section 322(d)(4) of title 38, United States Code, is amended by striking ``2022'' and inserting ``2026''. SEC. 402. EXTENSION AND AUTHORIZATION OF APPROPRIATIONS FOR ADAPTIVE SPORTS PROGRAMS FOR DISABLED VETERANS AND MEMBERS OF THE ARMED FORCES. (a) Authorization of Appropriations.--Subsection (g)(1)(B) of section 521A of title 38, United States Code, is amended by striking ``and 2022'' and inserting ``through 2026''. (b) Extension.--Subsection (l) of such section is amended by striking ``2022'' and inserting ``2026''. (c) Technical Correction.--Subsection (g)(1)(A) of such section is amended by striking ``. for each of fiscal years 2010 through 2020''. SEC. 403. EXTENSION OF ADVISORY COMMITTEE ON MINORITY VETERANS. Section 544(e) of title 38, United States Code, is amended by striking ``September 30, 2022'' and inserting ``September 30, 2026''. SEC. 404. EXTENSION OF VETERANS' ADVISORY COMMITTEE ON EDUCATION. Section 3692(c) of title 38, United States Code, is amended by striking ``December 31, 2022'' and inserting ``December 31, 2026''. SEC. 405. EXTENSION OF AUTHORITY FOR TRANSFER OF REAL PROPERTY. Section 8118(a)(5) of title 38, United States Code, is amended by striking ``September 30, 2022'' and inserting ``September 30, 2024''. DIVISION F <<NOTE: FDA User Fee Reauthorization Act of 2022.>> --FDA USER FEE REAUTHORIZATION ACT OF 2022 SEC. 1. <<NOTE: 21 USC 301 note.>> SHORT TITLE. This division may be cited as the ``FDA User Fee Reauthorization Act of 2022''. SEC. 2. TABLE OF CONTENTS. The table of contents for this division is as follows: DIVISION F--FDA USER FEE REAUTHORIZATION ACT OF 2022 Sec. 1. Short title. Sec. 2. Table of contents. TITLE I--FEES RELATING TO DRUGS Sec. 1001. Short title; finding. Sec. 1002. Definitions. [[Page 136 STAT. 2140]] Sec. 1003. Authority to assess and use drug fees. Sec. 1004. Reauthorization; reporting requirements. Sec. 1005. Sunset dates. Sec. 1006. Effective date. Sec. 1007. Savings clause. TITLE II--FEES RELATING TO DEVICES Sec. 2001. Short title; finding. Sec. 2002. Definitions. Sec. 2003. Authority to assess and use device fees. Sec. 2004. Reauthorization; reporting requirements. Sec. 2005. Conformity assessment pilot program. Sec. 2006. Reauthorization of third-party review program. Sec. 2007. Sunset dates. Sec. 2008. Effective date. Sec. 2009. Savings clause. TITLE III--FEES RELATING TO GENERIC DRUGS Sec. 3001. Short title; finding. Sec. 3002. Authority to assess and use human generic drug fees. Sec. 3003. Reauthorization; reporting requirements. Sec. 3004. Sunset dates. Sec. 3005. Effective date. Sec. 3006. Savings clause. TITLE IV--FEES RELATING TO BIOSIMILAR BIOLOGICAL PRODUCTS Sec. 4001. Short title; finding. Sec. 4002. Definitions. Sec. 4003. Authority to assess and use biosimilar biological product fees. Sec. 4004. Reauthorization; reporting requirements. Sec. 4005. Sunset dates. Sec. 4006. Effective date. Sec. 4007. Savings clause. TITLE V--REAUTHORIZATION OF OTHER PROVISIONS Sec. 5001. Reauthorization of the best pharmaceuticals for children program. Sec. 5002. Reauthorization of the humanitarian device exemption incentive. Sec. 5003. Reauthorization of the pediatric device consortia program. Sec. 5004. Reauthorization of provision pertaining to drugs containing single enantiomers. Sec. 5005. Reauthorization of the critical path public-private partnership. Sec. 5006. Reauthorization of orphan drug grants. Sec. 5007. Reauthorization of certain device inspections. Sec. 5008. Reauthorization of reporting requirements related to pending generic drug applications and priority review applications. TITLE I <<NOTE: Prescription Drug User Fee Amendments of 2022.>> --FEES RELATING TO DRUGS SEC. 1001. SHORT TITLE; FINDING. (a) <<NOTE: 21 USC 301 note.>> Short Title.--This title may be cited as the ``Prescription Drug User Fee Amendments of 2022''. (b) <<NOTE: 21 USC 379g note.>> Finding.--Congress finds that the fees authorized by the amendments made by this title will be dedicated toward expediting the drug development process and the process for the review of human drug applications, including postmarket drug safety activities, as set forth in the goals identified for purposes of part 2 of subchapter C of chapter VII of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 379g et seq.), in the letters from the Secretary of Health and Human Services to the Chairman of the Committee on Health, Education, Labor, and Pensions of the Senate and the Chairman of the Committee on Energy and Commerce of the House of Representatives, as set forth in the Congressional Record. SEC. 1002. DEFINITIONS. (a) Human Drug Application.--Section 735(1) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 379g(1)) is amended, [[Page 136 STAT. 2141]] in the matter following subparagraph (B), by striking ``an allergenic extract product, or'' and inserting ``does not include an application with respect to an allergenic extract product licensed before October 1, 2022, does not include an application with respect to a standardized allergenic extract product submitted pursuant to a notification to the applicant from the Secretary regarding the existence of a potency test that measures the allergenic activity of an allergenic extract product licensed by the applicant before October 1, 2022, does not include an application with respect to''. (b) Prescription Drug Product.--Section 735(3) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 379g(3)) is amended-- (1) by redesignating subparagraphs (A), (B), and (C) as clauses (i), (ii), and (iii), respectively; (2) by striking ``(3) The term'' and inserting ``(3)(A) The term''; (3) by striking ``Such term does not include whole blood'' and inserting the following: ``(B) Such term does not include whole blood''; (4) by striking ``an allergenic extract product,'' and inserting ``an allergenic extract product licensed before October 1, 2022, a standardized allergenic extract product submitted pursuant to a notification to the applicant from the Secretary regarding the existence of a potency test that measures the allergenic activity of an allergenic extract product licensed by the applicant before October 1, 2022,'' ; and (5) by adding at the end the following: ``(C)(i) <<NOTE: Assessment. Effective date.>> If a written request to place a product in the discontinued section of either of the lists referenced in subparagraph (A)(iii) is submitted to the Secretary on behalf of an applicant, and the request identifies the date the product is, or will be, withdrawn from sale, then for purposes of assessing the prescription drug program fee under section 736(a)(2), the Secretary shall consider such product to have been included in the discontinued section on the later of-- ``(I) the date such request was received; or ``(II) if the product will be withdrawn from sale on a future date, such future date when the product is withdrawn from sale. ``(ii) For purposes of this subparagraph, a product shall be considered withdrawn from sale once the applicant has ceased its own distribution of the product, whether or not the applicant has ordered recall of all previously distributed lots of the product, except that a routine, temporary interruption in supply shall not render a product withdrawn from sale.''. (c) Skin-Test Diagnostic Product.--Section 735 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 379g) is amended by adding at the end the following: ``(12) The term `skin-test diagnostic product'-- ``(A) means a product-- ``(i) for prick, scratch, intradermal, or subcutaneous administration; ``(ii) expected to produce a limited, local reaction at the site of administration (if positive), rather than a systemic effect; [[Page 136 STAT. 2142]] ``(iii) not intended to be a preventive or therapeutic intervention; and ``(iv) intended to detect an immediate- or delayed-type skin hypersensitivity reaction to aid in the diagnosis of-- ``(I) an allergy to an antimicrobial agent; ``(II) <<NOTE: Time period.>> an allergy that is not to an antimicrobial agent, if the diagnostic product was authorized for marketing prior to October 1, 2022; or ``(III) infection with fungal or mycobacterial pathogens; and ``(B) includes positive and negative controls required to interpret the results of a product described in subparagraph (A).''. SEC. 1003. AUTHORITY TO ASSESS AND USE DRUG FEES. (a) Types of Fees.-- (1) Human drug application fee.--Section 736(a) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 379h(a)) is amended-- (A) in the matter preceding paragraph (1), by striking ``fiscal year 2018'' and inserting ``fiscal year 2023''; (B) in paragraph (1)(A), by striking ``(c)(5)'' each place it appears and inserting ``(c)(6)''; (C) in paragraph (1)(C), by inserting ``prior to approval'' after ``or was withdrawn''; and (D) in paragraph (1), by adding at the end the following: ``(H) Exception for skin-test diagnostic products.-- A human drug application for a skin-test diagnostic product shall not be subject to a fee under subparagraph (A).''. (2) Prescription drug program fee.--Section 736(a)(2) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 379h(a)(2)) is amended-- (A) in subparagraph (A)-- (i) by striking ``Except as provided in subparagraphs (B) and (C)'' and inserting the following: ``(i) Payment of fees.--Except as provided in subparagraphs (B) and (C)''; (ii) by striking ``subsection (c)(5)'' and inserting ``subsection (c)(6)''; and (iii) by adding at the end the following: ``(ii) Special rule for previously discontinued drug products. <<NOTE: Effective date. Time period. Payment fee.>> --If a drug product that is identified in a human drug application approved as of October 1 of a fiscal year is not a prescription drug product as of that date because the drug product is in the discontinued section of a list referenced in section 735(3)(A)(iii), and on any subsequent day during such fiscal year the drug product is a prescription drug product, then except as provided in subparagraphs (B) and (C), each person who is named as the applicant in a human drug application with respect to such product, and who, after September 1, 1992, had pending before the Secretary a human drug application or supplement, shall pay the annual prescription drug [[Page 136 STAT. 2143]] program fee established for a fiscal year under subsection (c)(6) for such prescription drug product. <<NOTE: Deadline.>> Such fee shall be due on the last business day of such fiscal year and shall be paid only once for each such product for a fiscal year in which the fee is payable.''; and (B) by amending subparagraph (B) to read as follows: ``(B) Exception for certain prescription drug products.--A prescription drug program fee shall not be assessed for a prescription drug product under subparagraph (A) if such product is-- ``(i) a large volume parenteral product (a sterile aqueous drug product packaged in a single- dose container with a volume greater than or equal to 100 mL, not including powders for reconstitution or pharmacy bulk packages) identified on the list compiled under section 505(j)(7); ``(ii) pharmaceutically equivalent (as defined in section 314.3 of title 21, Code of Federal Regulations (or any successor regulation)) to another product on the list of products compiled under section 505(j)(7) (not including the discontinued section of such list); or ``(iii) a skin-test diagnostic product.''. (b) <<NOTE: Time period.>> Fee Revenue Amounts.-- (1) In general.--Paragraph (1) of section 736(b) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 379h(b)) is amended to read as follows: ``(1) In general.--For each of the fiscal years 2023 through 2027, fees under subsection (a) shall, except as provided in subsections (c), (d), (f), and (g), be established to generate a total revenue amount under such subsection that is equal to the sum of-- ``(A) the annual base revenue for the fiscal year (as determined under paragraph (3)); ``(B) the dollar amount equal to the inflation adjustment for the fiscal year (as determined under subsection (c)(1)); ``(C) the dollar amount equal to the strategic hiring and retention adjustment for the fiscal year (as determined under subsection (c)(2)); ``(D) the dollar amount equal to the capacity planning adjustment for the fiscal year (as determined under subsection (c)(3)); ``(E) the dollar amount equal to the operating reserve adjustment for the fiscal year, if applicable (as determined under subsection (c)(4)); ``(F) the dollar amount equal to the additional direct cost adjustment for the fiscal year (as determined under subsection (c)(5)); and ``(G) additional dollar amounts for each fiscal year as follows: ``(i) $65,773,693 for fiscal year 2023. ``(ii) $25,097,671 for fiscal year 2024. ``(iii) $14,154,169 for fiscal year 2025. ``(iv) $4,864,860 for fiscal year 2026. ``(v) $1,314,620 for fiscal year 2027.''. [[Page 136 STAT. 2144]] (2) Annual base revenue.--Paragraph (3) of section 736(b) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 379h(b)) is amended to read as follows: ``(3) Annual base revenue.--For purposes of paragraph (1), the dollar amount of the annual base revenue for a fiscal year shall be-- ``(A) for fiscal year 2023, $1,151,522,958; and ``(B) for fiscal years 2024 through 2027, the dollar amount of the total revenue amount established under paragraph (1) for the previous fiscal year, not including any adjustments made under subsection (c)(4) or (c)(5).''. (c) <<NOTE: Time periods.>> Adjustments; Annual Fee Setting.-- (1) Inflation adjustment.--Section 736(c)(1)(B)(ii) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 379h(c)(1)(B)(ii)) is amended by striking ``Washington- Baltimore, DC-MD-VA-WV'' and inserting ``Washington-Arlington- Alexandria, DC-VA-MD-WV''. (2) Strategic hiring and retention adjustment.--Section 736(c) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 379h(c)) is amended-- (A) by redesignating paragraphs (2) through (6) as paragraphs (3) through (7), respectively; and (B) by inserting after paragraph (1) the following: ``(2) Strategic hiring and retention adjustment.--For each fiscal year, after the annual base revenue established in subsection (b)(1)(A) is adjusted for inflation in accordance with paragraph (1), the Secretary shall further increase the fee revenue and fees by the following amounts: ``(A) For fiscal year 2023, $9,000,000. ``(B) For each of fiscal years 2024 through 2027, $4,000,000.''. (3) Capacity planning adjustment.--Paragraph (3), as redesignated, of section 736(c) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 379h(c)) is amended to read as follows: ``(3) Capacity planning adjustment.-- ``(A) In general.--For each fiscal year, after the annual base revenue established in subsection (b)(1)(A) is adjusted in accordance with paragraphs (1) and (2), such revenue shall be adjusted further for such fiscal year, in accordance with this paragraph, to reflect changes in the resource capacity needs of the Secretary for the process for the review of human drug applications. ``(B) Methodology.--For purposes of this paragraph, the Secretary shall employ the capacity planning methodology utilized by the Secretary in setting fees for fiscal year 2021, as described in the notice titled `Prescription Drug User Fee Rates for Fiscal Year 2021' published in the Federal Register on August 3, 2020 (85 Fed. Reg. 46651). The workload categories used in applying such methodology in forecasting shall include only the activities described in that notice and, as feasible, additional activities that are directly related to the direct review of applications and supplements, including additional formal meeting types, the direct review of postmarketing commitments and requirements, the direct review of risk evaluation and mitigation strategies, and the direct review of annual reports for approved prescription drug products. Subject [[Page 136 STAT. 2145]] to the exceptions in the preceding sentence, the Secretary shall not include as workload categories in applying such methodology in forecasting any non-core review activities, including those activities that the Secretary referenced for potential future use in such notice but did not utilize in setting fees for fiscal year 2021. ``(C) Limitation.--Under no circumstances shall an adjustment under this paragraph result in fee revenue for a fiscal year that is less than the sum of the amounts under subsections (b)(1)(A) (the annual base revenue for the fiscal year), (b)(1)(B) (the dollar amount of the inflation adjustment for the fiscal year), and (b)(1)(C) (the dollar amount of the strategic hiring and retention adjustment for the fiscal year). ``(D) <<NOTE: Notice.>> Publication in federal register.--The Secretary shall publish in the Federal Register notice under paragraph (6) of the fee revenue and fees resulting from the adjustment and the methodologies under this paragraph.''. (4) Operating reserve adjustment.--Paragraph (4), as redesignated, of section 736(c) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 379h(c)) is amended-- (A) by amending subparagraph (A) to read as follows: ``(A) Increase.--For fiscal year 2023 and subsequent fiscal years, the Secretary shall, in addition to adjustments under paragraphs (1), (2), and (3), further increase the fee revenue and fees if such an adjustment is necessary to provide for operating reserves of carryover user fees for the process for the review of human drug applications for each fiscal year in at least the following amounts: ``(i) For fiscal year 2023, at least 8 weeks of operating reserves. ``(ii) For fiscal year 2024, at least 9 weeks of operating reserves. ``(iii) For fiscal year 2025 and subsequent fiscal years, at least 10 weeks of operating reserves.''; and (B) in subparagraph (C), by striking ``paragraph (5)'' and inserting ``paragraph (6)''. (5) Additional direct cost adjustment.--Paragraph (5), as redesignated, of section 736(c) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 379h(c)) is amended to read as follows: ``(5) Additional direct cost adjustment.-- ``(A) Increase.--The Secretary shall, in addition to adjustments under paragraphs (1), (2), (3), and (4), further increase the fee revenue and fees-- ``(i) for fiscal year 2023, by $44,386,150; and ``(ii) for each of fiscal years 2024 through 2027, by the amount set forth in clauses (i) through (iv) of subparagraph (B), as applicable, multiplied by the Consumer Price Index for urban consumers (Washington-Arlington-Alexandria, DC-VA- MD-WV; Not Seasonally Adjusted; All Items; Annual Index) for the most recent year of available data, divided by such Index for 2021. ``(B) Applicable amounts.--The amounts referred to in subparagraph (A)(ii) are the following: [[Page 136 STAT. 2146]] ``(i) For fiscal year 2024, $60,967,993. ``(ii) For fiscal year 2025, $35,799,314. ``(iii) For fiscal year 2026, $35,799, 314. ``(iv) For fiscal year 2027, $35,799,314.''. (6) Annual fee setting.--Paragraph (6), as redesignated, of section 736(c) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 379h(c)) is amended by striking ``September 30, 2017'' and inserting ``September 30, 2022''. (d) Crediting and Availability of Fees.--Section 736(g)(3) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 379h(g)(3)) is amended by striking ``fiscal years 2018 through 2022'' and inserting ``fiscal years 2023 through 2027''. (e) Written Requests for Waivers, Reductions, Exemptions, and Returns; Disputes Concerning Fees.--Section 736(i) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 379h(i)) is amended to read as follows: ``(i) Written Requests for Waivers, Reductions, Exemptions, and Returns; Disputes Concerning Fees.--To qualify for consideration for a waiver or reduction under subsection (d), an exemption under subsection (k), or the return of any fee paid under this section, including if the fee is claimed to have been paid in error, a person shall-- ``(1) <<NOTE: Deadline.>> not later than 180 days after such fee is due, submit to the Secretary a written request justifying such waiver, reduction, exemption, or return; and ``(2) include in the request any legal authorities under which the request is made.''. (f) Orphan Drugs.--Section 736(k) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 379h(k)) is amended-- (1) in paragraph (1)(B), by striking ``during the previous year'' and inserting ``as determined under paragraph (2)''; and (2) by amending paragraph (2) to read as follows: ``(2) <<NOTE: Applicability. Certification.>> Evidence of qualification.--An exemption under paragraph (1) applies with respect to a drug only if the applicant involved submits a certification that the applicant's gross annual revenues did not exceed $50,000,000 for the last calendar year ending prior to the fiscal year for which the exemption is requested. Such certification shall be supported by-- ``(A) tax returns submitted to the United States Internal Revenue Service; or ``(B) as necessary, other appropriate financial information.''. SEC. 1004. REAUTHORIZATION; REPORTING REQUIREMENTS. Section 736B of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 379h-2) is amended-- (1) in subsection (a)(1), by striking ``Beginning with fiscal year 2018, not'' and inserting ``Not''; (2) by striking ``Prescription Drug User Fee Amendments of 2017'' each place it appears and inserting ``Prescription Drug User Fee Amendments of 2022''; (3) in subsection (a)(3)(A), by striking ``Not later than 30 calendar days after the end of the second quarter of fiscal year 2018, and not later than 30 calendar days after the end of each quarter of each fiscal year thereafter'' and inserting ``Not later than 30 calendar days after the end of each quarter [[Page 136 STAT. 2147]] of each fiscal year for which fees are collected under this part''; (4) in subsection (a)(4), by striking ``Beginning with fiscal year 2020, the'' and inserting ``The''; (5) in subsection (b), by striking ``Beginning with fiscal year 2018, not'' and inserting ``Not''; (6) in subsection (c), by striking ``Beginning with fiscal year 2018, for'' and inserting ``For''; and (7) in subsection (f)-- (A) in paragraph (1), in the matter preceding subparagraph (A), by striking ``fiscal year 2022'' and inserting ``fiscal year 2027''; and (B) in paragraph (5), by striking ``January 15, 2022'' and inserting ``January 15, 2027''. SEC. 1005. SUNSET DATES. (a) <<NOTE: 21 USC 379g note.>> Authorization.--Sections 735 and 736 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 379g; 379h) shall cease to be effective October 1, 2027. (b) <<NOTE: 21 USC 379h-2 note.>> Reporting Requirements.--Section 736B of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 379h-2) shall cease to be effective January 31, 2028. (c) <<NOTE: Repeal. 21 USC 379g note.>> Previous Sunset Provision.--Effective October 1, 2022, subsections (a) and (b) of section 104 of the FDA Reauthorization Act of 2017 (Public Law 115-52) are repealed. SEC. 1006. <<NOTE: Assessment. 21 USC 379g note.>> EFFECTIVE DATE. The amendments made by this title shall take effect on October 1, 2022, or the date of the enactment of this Act, whichever is later, except that fees under part 2 of subchapter C of chapter VII of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 379g et seq.) shall be assessed for all human drug applications received on or after October 1, 2022, regardless of the date of the enactment of this Act. SEC. 1007. <<NOTE: Extension. Time period. 21 USC 379g note.>> SAVINGS CLAUSE. Notwithstanding the amendments made by this title, part 2 of subchapter C of chapter VII of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 379g et seq.), as in effect on the day before the date of the enactment of this title, shall continue to be in effect with respect to human drug applications and supplements (as defined in such part as of such day) that were accepted by the Food and Drug Administration for filing on or after October 1, 2017, but before October 1, 2022, with respect to assessing and collecting any fee required by such part for a fiscal year prior to fiscal year 2023. TITLE II-- <<NOTE: Medical Device User Fee Amendments of 2022.>> FEES RELATING TO DEVICES SEC. 2001. SHORT TITLE; FINDING. (a) Short <<NOTE: 21 USC 301 note.>> Title.--This title may be cited as the ``Medical Device User Fee Amendments of 2022''. (b) <<NOTE: 21 USC 379i note.>> Finding.--Congress finds that the fees authorized under the amendments made by this title will be dedicated toward expediting the process for the review of device applications and for assuring the safety and effectiveness of devices, as set forth in the goals identified for purposes of part 3 of subchapter C of [[Page 136 STAT. 2148]] chapter VII of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 379i et seq.), in the letters from the Secretary of Health and Human Services to the Chairman of the Committee on Health, Education, Labor, and Pensions of the Senate and the Chairman of the Committee on Energy and Commerce of the House of Representatives, as set forth in the Congressional Record. SEC. 2002. DEFINITIONS. Section 737 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 379i) is amended-- (1) in paragraph (9)-- (A) in the matter preceding subparagraph (A), by striking ``and premarket notification submissions'' and inserting ``premarket notification submissions, and de novo classification requests''; (B) in subparagraph (D), by striking ``and submissions'' and inserting ``submissions, and de novo classification requests''; (C) in subparagraph (F), by striking ``and premarket notification submissions'' and inserting ``premarket notification submissions, and de novo classification requests''; (D) in each of subparagraphs (G) and (H), by striking ``or submissions'' and inserting ``submissions, or requests''; and (E) in subparagraph (K), by striking ``or premarket notification submissions'' and inserting ``premarket notification submissions, or de novo classification requests''; and (2) in paragraph (11), by striking ``2016'' and inserting ``2021''. SEC. 2003. <<NOTE: Time periods.>> AUTHORITY TO ASSESS AND USE DEVICE FEES. (a) Types of Fees.--Section 738(a) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 379j(a)) is amended-- (1) in paragraph (1), by striking ``fiscal year 2018'' and inserting ``fiscal year 2023''; and (2) in paragraph (2)-- (A) in subparagraph (A)-- (i) in the matter preceding clause (i), by striking ``October 1, 2017'' and inserting ``October 1, 2022''; (ii) in clause (iii), by striking ``75 percent'' and inserting ``80 percent''; and (iii) in clause (viii), by striking ``3.4 percent'' and inserting ``4.5 percent''; (B) in subparagraph (B)(iii), by striking ``or premarket notification submission'' and inserting ``premarket notification submission, or de novo classification request''; and (C) in subparagraph (C), by striking ``or periodic reporting concerning a class III device'' and inserting ``periodic reporting concerning a class III device, or de novo classification request''. (b) Fee Amounts.--Section 738(b) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 379j(b)) is amended-- (1) in paragraph (1), by striking ``2018 through 2022'' and inserting ``2023 through 2027''; (2) by amending paragraph (2) to read as follows: ``(2) Base fee amounts specified.--For purposes of paragraph (1), the base fee amounts specified in this paragraph are as follows: [[Page 136 STAT. 2149]] ---------------------------------------------------------------------------------------------------------------- Fiscal Fiscal Fiscal Fiscal Fiscal ``Fee Type Year 2023 Year 2024 Year 2025 Year 2026 Year 2027 ---------------------------------------------------------------------------------------------------------------- Premarket Application.................................... $425,000 $435,000 $445,000 $455,000 $470,000 Establishment Registration............................... $6,250 $6,875 $7,100 $7,575 $8,465''; and ---------------------------------------------------------------------------------------------------------------- ''; and (3) by amending paragraph (3) to read as follows: ``(3) Total revenue amounts specified.--For purposes of paragraph (1), the total revenue amounts specified in this paragraph are as follows: ``(A) $312,606,000 for fiscal year 2023. ``(B) $335,750,000 for fiscal year 2024. ``(C) $350,746,400 for fiscal year 2025. ``(D) $366,486,300 for fiscal year 2026. ``(E) $418,343,000 for fiscal year 2027.''. (c) Annual Fee Setting; Adjustments.--Section 738(c) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 379j(c)) is amended-- (1) in paragraph (1), by striking ``2017'' and inserting ``2022''; (2) in paragraph (2)-- (A) in subparagraph (A), by striking ``2018'' and inserting ``2023''; (B) in subparagraph (B)-- (i) in the matter preceding clause (i), by striking ``fiscal year 2018'' and inserting ``fiscal year 2023''; and (ii) in clause (ii), by striking ``fiscal year 2016'' and inserting ``fiscal year 2022''; (C) in subparagraph (C), by striking ``Washington- Baltimore, DC-MD-VA-WV'' and inserting ``Washington- Arlington-Alexandria, DC-VA-MD-WV''; and (D) in subparagraph (D), in the matter preceding clause (i), by striking ``fiscal years 2018 through 2022'' and inserting ``fiscal years 2023 through 2027''; (3) in paragraph (3), by striking ``2018 through 2022'' and inserting ``2023 through 2027''; (4) by redesignating paragraphs (4) and (5) as paragraphs (7) and (8), respectively; and (5) by inserting after paragraph (3) the following: ``(4) Performance improvement adjustment.-- ``(A) <<NOTE: Determination.>> In general.--For each of fiscal years 2025 through 2027, after the adjustments under paragraphs (2) and (3), the base establishment registration fee amounts for such fiscal year shall be increased to reflect changes in the resource needs of the Secretary due to improved review performance goals for the process for the review of device applications identified in the letters described in section 2001(b) of the Medical Device User Fee Amendments of 2022, as the Secretary determines necessary to achieve an increase in total fee collections for such fiscal year equal to the following amounts, as applicable: ``(i) For fiscal year 2025, the product of-- ``(I) the amount determined under subparagraph (B)(i)(I); and [[Page 136 STAT. 2150]] ``(II) the applicable inflation adjustment under paragraph (2)(B) for such fiscal year. ``(ii) For fiscal year 2026, the product of-- ``(I) the sum of the amounts determined under subparagraphs (B)(i)(II), (B)(ii)(I), and (B)(iii)(I); and ``(II) the applicable inflation adjustment under paragraph (2)(B) for such fiscal year. ``(iii) For fiscal year 2027, the product of-- ``(I) the sum of the amounts determined under subparagraphs (B)(i)(III), (B)(ii)(II), and (B)(iii)(II); and ``(II) the applicable inflation adjustment under paragraph (2)(B) for such fiscal year. ``(B) Amounts.-- ``(i) Presubmission amount.--For purposes of subparagraph (A), with respect to the Presubmission Written Feedback goal, the amounts determined under this subparagraph are as follows: ``(I) For fiscal year 2025, $15,396,600 if such goal for fiscal year 2023 is met. ``(II) For fiscal year 2026: ``(aa) $15,396,600 if such goal for fiscal year 2023 is met and such goal for fiscal year 2024 is not met. ``(bb) $36,792,200 if such goal for fiscal year 2024 is met. ``(III) For fiscal year 2027: ``(aa) $15,396,600 if such goal for fiscal year 2023 is met and such goal for each of fiscal years 2024 and 2025 is not met. ``(bb) $36,792,200 if such goal for fiscal year 2024 is met and such goal for fiscal year 2025 is not met. ``(cc) $40,572,600 if such goal for fiscal year 2025 is met. ``(ii) De novo classification request amount.--For purposes of subparagraph (A), with respect to the De Novo Decision goal, the amounts determined under this subparagraph are as follows: ``(I) For fiscal year 2026, $6,323,500 if such goal for fiscal year 2023 is met. ``(II) For fiscal year 2027: ``(aa) $6,323,500 if such goal for fiscal year 2023 is met and such goal for fiscal year 2024 is not met. ``(bb) $11,765,400 if such goal for fiscal year 2024 is met. ``(iii) Premarket notification and premarket approval amount.--For purposes of subparagraph (A), with respect to the 510(k) decision goal, 510(k) Shared Outcome Total Time to Decision goal, PMA decision goal, and PMA Shared Outcome Total Time to Decision goal, the amounts determined under this subparagraph are as follows: ``(I) For fiscal year 2026, $1,020,000 if the 4 goals for fiscal year 2023 are met. [[Page 136 STAT. 2151]] ``(II) For fiscal year 2027: ``(aa) $1,020,000 if the 4 goals for fiscal year 2023 are met and one or more of the 4 goals for fiscal year 2024 are not met. ``(bb) $3,906,000 if the 4 goals for fiscal year 2024 are met. ``(C) <<NOTE: Determination.>> Performance calculation.--For purposes of this paragraph, performance of the following goals shall be determined as specified in the letters described in section 2001(b) of the Medical Device User Fee Amendments of 2022 and based on data available, as follows: ``(i) <<NOTE: Data.>> The performance of the Presubmission Written Feedback goal shall be based on data available as of-- ``(I) for fiscal year 2023, March 31, 2024; ``(II) for fiscal year 2024, March 31, 2025; and ``(III) for fiscal year 2025, March 31, 2026. ``(ii) The performance of the De Novo Decision goal, 510(k) decision goal, 510(k) Shared Outcome Total Time to Decision goal, PMA decision goal, and PMA Shared Outcome Total Time to Decision goal shall be based on data available as of-- ``(I) for fiscal year 2023, March 31, 2025; and ``(II) for fiscal year 2024, March 31, 2026. ``(D) Goals defined.--For purposes of this paragraph, the terms `Presubmission Written Feedback goal', `De Novo Decision goal', `510(k) decision goal', `510(k) Shared Outcome Total Time to Decision goal', `PMA decision goal', and `PMA Shared Outcome Total Time to Decision goal' refer to the goals identified by the same names in the letters described in section 2001(b) of the Medical Device User Fee Amendments of 2022. ``(5) Hiring adjustment.-- ``(A) <<NOTE: Determination.>> In general.--For each of fiscal years 2025 through 2027, after the adjustments under paragraphs (2), (3), and (4), if applicable, if the number of hires to support the process for the review of device applications falls below the thresholds specified in subparagraph (B) for the applicable fiscal years, the base establishment registration fee amounts shall be decreased as the Secretary determines necessary to achieve a reduction in total fee collections equal to the hiring adjustment amount under subparagraph (C). ``(B) Thresholds.--The thresholds specified in this subparagraph are as follows: ``(i) For fiscal year 2025, the threshold is 123 hires for fiscal year 2023. ``(ii) For fiscal year 2026, the threshold is 38 hires for fiscal year 2024. ``(iii) For fiscal year 2027, the threshold is-- ``(I) 22 hires for fiscal year 2025 if the base establishment registration fees are not increased by the amount determined under paragraph (4)(A)(i); or ``(II) 75 hires for fiscal year 2025 if such fees are so increased. [[Page 136 STAT. 2152]] ``(C) Hiring adjustment amount.--The hiring adjustment amount for fiscal year 2025 and each subsequent fiscal year is the product of-- ``(i) the number of hires by which the hiring goal specified in subparagraph (D) for the fiscal year before the prior fiscal year was not met; ``(ii) $72,877; and ``(iii) the applicable inflation adjustment under paragraph (2)(B) for the fiscal year for which the hiring goal was not met. ``(D) Hiring goals.--The hiring goals for each of fiscal years 2023 through 2025 are as follows: ``(i) For fiscal year 2023, 144 hires. ``(ii) For fiscal year 2024, 42 hires. ``(iii) For fiscal year 2025: ``(I) 24 hires if the base establishment registration fees are not increased by the amount determined under paragraph (4)(A)(i). ``(II) 83 hires if the base establishment registration fees are increased by the amount determined under paragraph (4)(A)(i). ``(E) <<NOTE: Determination.>> Number of hires.-- For purposes of this paragraph, the number of hires for a fiscal year shall be determined by the Secretary as set forth in the letters described in section 2001(b) of the Medical Device User Fee Amendments of 2022. ``(6) Operating reserve adjustment.-- ``(A) In general.--For each of fiscal years 2023 through 2027, after the adjustments under paragraphs (2), (3), (4), and (5), if applicable, if the Secretary has operating reserves of carryover user fees for the process for the review of device applications in excess of the designated amount in subparagraph (B), the Secretary shall decrease the base establishment registration fee amounts to provide for not more than such designated amount of operating reserves. ``(B) Designated amount.--Subject to subparagraph (C), for each fiscal year, the designated amount in this subparagraph is equal to the sum of-- ``(i) 13 weeks of operating reserves of carryover user fees; and ``(ii) 1 month of operating reserves maintained pursuant to paragraph (8). ``(C) Excluded amount.--For the period of fiscal years 2023 through 2026, a total amount equal to $118,000,000 shall not be considered part of the designated amount under subparagraph (B) and shall not be subject to the decrease under subparagraph (A).''. (d) Conditions.--Section 738(g) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 379j(g)) is amended-- (1) in paragraph (1)(A), by striking ``$320,825,000'' and inserting ``$398,566,000''; and (2) in paragraph (2), by inserting ``de novo classification requests,'' after ``class III device,''. (e) Crediting and Availability of Fees.--Section 738(h)(3) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 379j(h)(3)) is amended to read as follows: ``(3) Authorization of appropriations.-- [[Page 136 STAT. 2153]] ``(A) In general.--For each of fiscal years 2023 through 2027, there is authorized to be appropriated for fees under this section an amount equal to the revenue amount determined under subparagraph (B), less the amount of reductions determined under subparagraph (C). ``(B) Revenue amount.--For purposes of this paragraph, the revenue amount for each fiscal year is the sum of-- ``(i) the total revenue amount under subsection (b)(3) for the fiscal year, as adjusted under paragraphs (2) and (3) of subsection (c); and ``(ii) the performance improvement adjustment amount for the fiscal year under subsection (c)(4), if applicable. ``(C) Amount of reductions.--For purposes of this paragraph, the amount of reductions for each fiscal year is the sum of-- ``(i) the hiring adjustment amount for the fiscal year under subsection (c)(5), if applicable; and ``(ii) the operating reserve adjustment amount for the fiscal year under subsection (c)(6), if applicable.''. SEC. 2004. REAUTHORIZATION; REPORTING REQUIREMENTS. (a) Performance Reports.--Section 738A(a) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 379j-1(a)) is amended-- (1) by striking ``fiscal year 2018'' each place it appears and inserting ``fiscal year 2023''; (2) by striking ``Medical Device User Fee Amendments of 2017'' each place it appears and inserting ``Medical Device User Fee Amendments of 2022''; (3) in paragraph (1)-- (A) in subparagraph (A), by redesignating the second clause (iv) (relating to analysis) as clause (v); and (B) in subparagraph (A)(iv), by striking ``fiscal year 2020'' and inserting ``fiscal year 2023''; and (4) in paragraph (4), by striking ``2018 through 2022'' and inserting ``2023 through 2027''. (b) Reauthorization.--Section 738A(b) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 379j-1(b)) is amended-- (1) in paragraph (1), by striking ``2022'' and inserting ``2027''; and (2) in paragraph (5), by striking ``2022'' and inserting ``2027''. SEC. 2005. CONFORMITY ASSESSMENT PILOT PROGRAM. Section 514(d) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360d(d)) is amended to read as follows: ``(d) Accreditation Scheme for Conformity Assessment.-- ``(1) In general.--The Secretary shall establish a program under which-- ``(A) <<NOTE: Guidelines.>> testing laboratories meeting criteria specified in guidance by the Secretary may be accredited, by accreditation bodies meeting criteria specified in guidance by the Secretary, to conduct testing to support the assessment of the conformity of a device to certain standards recognized under this section; and ``(B) subject to paragraph (2), results from tests conducted to support the assessment of conformity of devices [[Page 136 STAT. 2154]] as described in subparagraph (A) conducted by testing laboratories accredited pursuant to this subsection shall be accepted by the Secretary for purposes of demonstrating such conformity unless the Secretary finds that certain results of such tests should not be so accepted. ``(2) Secretarial review of accredited laboratory results.-- The Secretary may-- ``(A) review the results of tests conducted by testing laboratories accredited pursuant to this subsection, including by conducting periodic audits of such results or of the processes of accredited bodies or testing laboratories; ``(B) following such review, take additional measures under this Act, as the Secretary determines appropriate, such as-- ``(i) suspension or withdrawal of accreditation of a testing laboratory or recognition of an accreditation body under paragraph (1)(A); or ``(ii) requesting additional information with respect to a device; and ``(C) if the Secretary becomes aware of information materially bearing on the safety or effectiveness of a device for which an assessment of conformity was supported by testing conducted by a testing laboratory accredited under this subsection, take such additional measures under this Act, as the Secretary determines appropriate, such as-- ``(i) suspension or withdrawal of accreditation of a testing laboratory or recognition of an accreditation body under paragraph (1)(A); or ``(ii) requesting additional information with regard to such device. ``(3) <<NOTE: Public information. Website.>> Report.--The Secretary shall make available on the internet website of the Food and Drug Administration an annual report on the progress of the program under this subsection.''. SEC. 2006. REAUTHORIZATION OF THIRD-PARTY REVIEW PROGRAM. Section 523(c) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360m(c)) is amended by striking ``October 1'' and inserting ``December 17''. SEC. 2007. SUNSET DATES. (a) <<NOTE: 21 USC 379i note.>> Authorization.--Sections 737 and 738 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 379i; 379j) shall cease to be effective October 1, 2027. (b) <<NOTE: 21 USC 379j-1 note.>> Reporting Requirements.--Section 738A of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 379j-1) shall cease to be effective January 31, 2028. (c) <<NOTE: Repeal. 21 USC 379i note.>> Previous Sunset Provisions.--Effective October 1, 2022, subsections (a) and (b) of section 210 of the FDA Reauthorization Act of 2017 (Public Law 115-52) are repealed. SEC. 2008. <<NOTE: Assessment. 21 USC 360d note.>> EFFECTIVE DATE. The amendments made by this title shall take effect on October 1, 2022, or the date of the enactment of this Act, whichever is later, except that fees under part 3 of subchapter C of chapter VII of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 379i et seq.) shall be assessed for all submissions listed in section [[Page 136 STAT. 2155]] 738(a)(2)(A) of such Act received on or after October 1, 2022, regardless of the date of the enactment of this Act. SEC. 2009. <<NOTE: Extension. Time period. 21 USC 379i note.>> SAVINGS CLAUSE. Notwithstanding the amendments made by this title, part 3 of subchapter C of chapter VII of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 379i et seq.), as in effect on the day before the date of the enactment of this title, shall continue to be in effect with respect to the submissions listed in section 738(a)(2)(A) of such Act (as defined in such part as of such day) that on or after October 1, 2017, but before October 1, 2022, were received by the Food and Drug Administration with respect to assessing and collecting any fee required by such part for a fiscal year prior to fiscal year 2023. TITLE III-- <<NOTE: Generic Drug User Fee Amendments of 2022.>> FEES RELATING TO GENERIC DRUGS SEC. 3001. SHORT TITLE; FINDING. (a) <<NOTE: 21 USC 301 note.>> Short Title.--This title may be cited as the ``Generic Drug User Fee Amendments of 2022''. (b) <<NOTE: 21 USC 379j-41 note.>> Finding.--Congress finds that the fees authorized by the amendments made by this title will be dedicated to human generic drug activities, as set forth in the goals identified for purposes of part 7 of subchapter C of chapter VII of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 379j-41 et seq.), in the letters from the Secretary of Health and Human Services to the Chairman of the Committee on Health, Education, Labor, and Pensions of the Senate and the Chairman of the Committee on Energy and Commerce of the House of Representatives, as set forth in the Congressional Record. SEC. 3002. <<NOTE: Time periods.>> AUTHORITY TO ASSESS AND USE HUMAN GENERIC DRUG FEES. (a) Types of Fees.--Section 744B(a) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 379j-42(a)) is amended-- (1) in the matter preceding paragraph (1), by striking ``2018'' and inserting ``2023''; (2) in paragraph (2)(C), by striking ``2018 through 2022'' and inserting ``2023 through 2027''; (3) in paragraph (3)(B), by striking ``2018 through 2022'' and inserting ``2023 through 2027''; (4) in paragraph (4)(D), by striking ``2018 through 2022'' and inserting ``2023 through 2027''; and (5) in paragraph (5)(D), by striking ``2018 through 2022'' and inserting ``2023 through 2027''. (b) Fee Revenue Amounts.--Section 744B(b) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 379j-42(b)) is amended-- (1) in paragraph (1)-- (A) in subparagraph (A)-- (i) in the heading, by striking ``2018'' and inserting ``2023''; (ii) by striking ``2018'' and inserting ``2023''; and (iii) by striking ``$493,600,000'' and inserting ``$582,500,000''; and (B) by amending subparagraph (B) to read as follows: [[Page 136 STAT. 2156]] ``(B) Fiscal years 2024 through 2027.-- ``(i) In general.--For each of the fiscal years 2024 through 2027, fees under paragraphs (2) through (5) of subsection (a) shall be established to generate a total estimated revenue amount under such subsection that is equal to the base revenue amount for the fiscal year under clause (ii), as adjusted pursuant to subsection (c). ``(ii) Base revenue amount.--The base revenue amount for a fiscal year referred to in clause (i) is equal to the total revenue amount established under this paragraph for the previous fiscal year, not including any adjustments made for such previous fiscal year under subsection (c)(3).''; and (2) in paragraph (2)-- (A) in subparagraph (C), by striking ``one-third the amount'' and inserting ``twenty-four percent''; (B) in subparagraph (D), by striking ``Seven percent'' and inserting ``Six percent''; and (C) in subparagraph (E)(i), by striking ``Thirty- five percent'' and inserting ``Thirty-six percent''. (c) Adjustments.--Section 744B(c) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 379j-42(c)) is amended-- (1) in paragraph (1)-- (A) in the matter preceding subparagraph (A)-- (i) by striking ``2019'' and inserting ``2024''; and (ii) by striking ``to equal the product of the total revenues established in such notice for the prior fiscal year multiplied'' and inserting ``to equal the base revenue amount for the fiscal year (as specified in subsection (b)(1)(B)(ii)) multiplied''; and (B) in subparagraph (C), by striking ``Washington- Baltimore, DC-MD-VA-WV'' and inserting ``Washington- Arlington-Alexandria, DC-VA-MD-WV''; and (2) by striking paragraph (2) and inserting the following: ``(2) Capacity planning adjustment.-- ``(A) In general.--Beginning with fiscal year 2024, the Secretary shall, in addition to the adjustment under paragraph (1), further increase the fee revenue and fees under this section for a fiscal year, in accordance with this paragraph, to reflect changes in the resource capacity needs of the Secretary for human generic drug activities. ``(B) Capacity planning methodology.--The Secretary shall establish a capacity planning methodology for purposes of this paragraph, which shall-- ``(i) be derived from the methodology and recommendations made in the report titled `Independent Evaluation of the GDUFA Resource Capacity Planning Adjustment Methodology: Evaluation and Recommendations' announced in the Federal Register on August 3, 2020 (85 Fed. Reg. 46658); and ``(ii) incorporate approaches and attributes determined appropriate by the Secretary, including approaches and attributes made in such report, except that in incorporating such approaches and attributes the workload categories used in forecasting resources [[Page 136 STAT. 2157]] shall only be the workload categories specified in section VIII.B.2.e. of the letters described in section 3001(b) of the Generic Drug User Fee Amendments of 2022. ``(C) Limitations.-- ``(i) In general.--Under no circumstances shall an adjustment under this paragraph result in fee revenue for a fiscal year that is less than the sum of the amounts under subsection (b)(1)(B)(ii) (the base revenue amount for the fiscal year) and paragraph (1) (the dollar amount of the inflation adjustment for the fiscal year). ``(ii) <<NOTE: Determinations.>> Additional limitation.--An adjustment under this paragraph shall not exceed 3 percent of the sum described in clause (i) for the fiscal year, except that such limitation shall be 4 percent if-- ``(I) for purposes of a fiscal year 2024 adjustment, the Secretary determines that during the period from April 1, 2021, through March 31, 2023-- ``(aa) the total number of abbreviated new drug applications submitted was greater than or equal to 2,000; or ``(bb) thirty-five percent or more of abbreviated new drug applications submitted related to complex products (as that term is defined in section XI of the letters described in section 3001(b) of the Generic Drug User Fee Amendments of 2022); ``(II) for purposes of a fiscal year 2025 adjustment, the Secretary determines that during the period from April 1, 2022, through March 31, 2024-- ``(aa) the total number of abbreviated new drug applications submitted was greater than or equal to 2,300; or ``(bb) thirty-five percent or more of abbreviated new drug applications submitted related to complex products (as so defined); ``(III) for purposes of a fiscal year 2026 adjustment, the Secretary determines that during the period from April 1, 2023, through March 31, 2025-- ``(aa) the total number of abbreviated new drug applications submitted was greater than or equal to 2,300; or ``(bb) thirty-five percent or more of abbreviated new drug applications submitted related to complex products (as so defined); and ``(IV) for purposes of a fiscal year 2027 adjustment, the Secretary determines that during the period from April 1, 2024, through March 31, 2026-- ``(aa) the total number of abbreviated new drug applications submitted was greater than or equal to 2,300; or [[Page 136 STAT. 2158]] ``(bb) thirty-five percent or more of abbreviated new drug applications submitted related to complex products (as so defined). ``(D) <<NOTE: Notice.>> Publication in federal register.--The Secretary shall publish in the Federal Register notice referred to in subsection (a) the fee revenue and fees resulting from the adjustment and the methodology under this paragraph. ``(3) Operating reserve adjustment.-- ``(A) In general.--For fiscal year 2024 and each subsequent fiscal year, the Secretary may, in addition to adjustments under paragraphs (1) and (2), further increase the fee revenue and fees under this section for such fiscal year if such an adjustment is necessary to provide operating reserves of carryover user fees for human generic drug activities for not more than the number of weeks specified in subparagraph (B) with respect to that fiscal year. ``(B) Number of weeks.--The number of weeks specified in this subparagraph is-- ``(i) 8 weeks for fiscal year 2024; ``(ii) 9 weeks for fiscal year 2025; and ``(iii) 10 weeks for each of fiscal year 2026 and 2027. ``(C) Decrease.--If the Secretary has carryover balances for human generic drug activities in excess of 12 weeks of the operating reserves referred to in subparagraph (A), the Secretary shall decrease the fee revenue and fees referred to in such subparagraph to provide for not more than 12 weeks of such operating reserves. ``(D) <<NOTE: Notice. Federal Register, publication.>> Rationale for adjustment.--If an adjustment under this paragraph is made, the rationale for the amount of the increase or decrease (as applicable) in fee revenue and fees shall be contained in the annual Federal Register notice under subsection (a) publishing the fee revenue and fees for the fiscal year involved.''. (d) Annual Fee Setting.--Section 744B(d)(1) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 379j-42(d)(1)) is amended-- (1) in the paragraph heading, by striking ``2018 through 2022'' and inserting ``2023 through 2027''; and (2) by striking ``more than 60 days before the first day of each of fiscal years 2018 through 2022'' and inserting ``later than 60 days before the first day of each of fiscal years 2023 through 2027''. (e) Effect of Failure to Pay Fees.--The heading of paragraph (3) of section 744B(g) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 379j-42(g)) is amended by striking ``and prior approval supplement fee''. (f) Crediting and Availability of Fees.--Section 744B(i)(3) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 379j-42(i)(3)) is amended by striking ``fiscal years 2018 through 2022'' and inserting ``fiscal years 2023 through 2027''. SEC. 3003. REAUTHORIZATION; REPORTING REQUIREMENTS. Section 744C of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 379j-43) is amended-- [[Page 136 STAT. 2159]] (1) in subsection (a)(1), by striking ``Beginning with fiscal year 2018, not'' and inserting ``Not''; (2) by striking ``Generic Drug User Fee Amendments of 2017'' each place it appears and inserting ``Generic Drug User Fee Amendments of 2022''; (3) <<NOTE: Deadline.>> in subsection (a)(2), by striking ``Not later than 30 calendar days after the end of the second quarter of fiscal year 2018, and not later than 30 calendar days after the end of each quarter of each fiscal year thereafter'' and inserting ``Not later than 30 calendar days after the end of each quarter of each fiscal year for which fees are collected under this part''; (4) in subsection (a)(3), by striking ``Beginning with fiscal year 2020, the'' and inserting ``The''; (5) in subsection (b), by striking ``Beginning with fiscal year 2018, not'' and inserting ``Not''; (6) in subsection (c), by striking ``Beginning with fiscal year 2018, for'' and inserting ``For''; and (7) in subsection (f)-- (A) in paragraph (1), in the matter preceding subparagraph (A), by striking ``fiscal year 2022'' and inserting ``fiscal year 2027''; and (B) in paragraph (5), by striking ``January 15, 2022'' and inserting ``January 15, 2027''. SEC. 3004. SUNSET DATES. (a) <<NOTE: 21 USC 379j-41 note.>> Authorization.--Sections 744A and 744B of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 379j-41; 379j-42) shall cease to be effective October 1, 2027. (b) <<NOTE: 21 USC 379j-43 note.>> Reporting Requirements.--Section 744C of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 379j-43) shall cease to be effective January 31, 2028. (c) <<NOTE: Repeal. 21 USC 379j-41 note.>> Previous Sunset Provision.--Effective October 1, 2022, subsections (a) and (b) of section 305 of the FDA Reauthorization Act of 2017 (Public Law 115-52) are repealed. SEC. 3005. <<NOTE: Assessment. 21 USC 379j-41 note.>> EFFECTIVE DATE. The amendments made by this title shall take effect on October 1, 2022, or the date of the enactment of this Act, whichever is later, except that fees under part 7 of subchapter C of chapter VII of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 379j-41 et seq.) shall be assessed for all abbreviated new drug applications received on or after October 1, 2022, regardless of the date of the enactment of this Act. SEC. 3006. <<NOTE: Extension. Time period. 21 USC 379j-41 note.>> SAVINGS CLAUSE. Notwithstanding the amendments made by this title, part 7 of subchapter C of chapter VII of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 379j-41 et seq.), as in effect on the day before the date of the enactment of this title, shall continue to be in effect with respect to abbreviated new drug applications (as defined in such part as of such day) that were received by the Food and Drug Administration within the meaning of section 505(j)(5)(A) of such Act (21 U.S.C. 355(j)(5)(A)), prior approval supplements that were submitted, and drug master files for Type II active pharmaceutical ingredients that were first referenced on or after October 1, 2017, but before October 1, 2022, with respect [[Page 136 STAT. 2160]] to assessing and collecting any fee required by such part for a fiscal year prior to fiscal year 2023. TITLE IV-- <<NOTE: Biosimilar User Fee Amendments of 2022.>> FEES RELATING TO BIOSIMILAR BIOLOGICAL PRODUCTS SEC. 4001. SHORT TITLE; FINDING. (a) <<NOTE: 21 USC 301 note.>> Short Title.--This title may be cited as the ``Biosimilar User Fee Amendments of 2022''. (b) <<NOTE: 21 USC 379j-51 note.>> Finding.--Congress finds that the fees authorized by the amendments made by this title will be dedicated to expediting the process for the review of biosimilar biological product applications, including postmarket safety activities, as set forth in the goals identified for purposes of part 8 of subchapter C of chapter VII of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 379j-51 et seq.), in the letters from the Secretary of Health and Human Services to the Chairman of the Committee on Health, Education, Labor, and Pensions of the Senate and the Chairman of the Committee on Energy and Commerce of the House of Representatives, as set forth in the Congressional Record. SEC. 4002. DEFINITIONS. (a) Adjustment Factor.--Section 744G(1) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 379j-51(1)) is amended to read as follows: ``(1) The term `adjustment factor' applicable to a fiscal year is the Consumer Price Index for urban consumers (Washington-Arlington-Alexandria, DC-VA-MD-WV; Not Seasonally Adjusted; All items) for September of the preceding fiscal year divided by such Index for September 2011.''. (b) Biosimilar Biological Product Application.--Section 744G(4)(B)(iii) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 379j-51(4)(B)(iii)) is amended-- (1) by striking subclause (II) (relating to an allergenic extract product); and (2) by redesignating subclauses (III) and (IV) as subclauses (II) and (III), respectively. SEC. 4003. AUTHORITY TO ASSESS AND USE BIOSIMILAR BIOLOGICAL PRODUCT FEES. (a) Types of Fees.-- (1) In general.--The matter preceding paragraph (1) in section 744H(a) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 379j-52(a)) is amended by striking ``fiscal year 2018'' and inserting ``fiscal year 2023''. (2) Initial biosimilar biological product development fee.-- Clauses (iv)(I) and (v)(II) of section 744H(a)(1)(A) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 379j- 52(a)(1)(A)) are each amended by striking ``5 days'' and inserting ``7 days''. (3) Annual biosimilar biological product development fee.-- Section 744H(a)(1)(B) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 379j-52(a)(1)(B)) is amended-- (A) <<NOTE: Notice.>> in clause (i), by inserting before the period at the end the following: ``, except that, in the case that such product (including, where applicable, ownership of [[Page 136 STAT. 2161]] the relevant investigational new drug application) is transferred to a licensee, assignee, or successor of such person, and written notice of such transfer is provided to the Secretary, such licensee, assignee, or successor shall pay the annual biosimilar biological product development fee''; (B) in clause (iii)-- (i) in subclause (I), by striking ``or'' at the end; (ii) in subclause (II), by striking the period at the end and inserting ``; or''; and (iii) by adding at the end the following: ``(III) been administratively removed from the biosimilar biological product development program for the product under subparagraph (E)(v).''; and (C) in clause (iv), by striking ``is accepted for filing on or after October 1 of such fiscal year'' and inserting ``is subsequently accepted for filing''. (4) Reactivation fee.--Section 744H(a)(1)(D) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 379j-52(a)(1)(D)) is amended to read as follows: ``(D) Reactivation fee.-- ``(i) In general.--A person that has discontinued participation in the biosimilar biological product development program for a product under subparagraph (C), or who has been administratively removed from such program for a product under subparagraph (E)(v), shall, if the person seeks to resume participation in such program, pay all annual biosimilar biological product development fees previously assessed for such product and still owed and a fee (referred to in this section as `reactivation fee') by the earlier of the following: ``(I) <<NOTE: Deadline.>> Not later than 7 days after the Secretary grants a request by such person for a biosimilar biological product development meeting for the product (after the date on which such participation was discontinued or the date of administrative removal, as applicable). ``(II) <<NOTE: Determination.>> Upon the date of submission (after the date on which such participation was discontinued or the date of administrative removal, as applicable) by such person of an investigational new drug application describing an investigation that the Secretary determines is intended to support a biosimilar biological product application for that product. ``(ii) <<NOTE: Notice.>> Application of annual fee.--A person that pays a reactivation fee for a product shall pay for such product, beginning in the next fiscal year, the annual biosimilar biological product development fee under subparagraph (B), except that, in the case that such product (including, where applicable, ownership of the relevant investigational new drug application) is transferred to a licensee, assignee, or successor of such person, and written notice of such transfer is provided to the Secretary, such licensee, assignee, or successor shall pay the annual biosimilar biological product development fee.''. [[Page 136 STAT. 2162]] (5) Effect of failure to pay fees.--Section 744H(a)(1)(E) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 379j- 52(a)(1)(E)) is amended by adding at the end the following: ``(v) <<NOTE: Time periods.>> Administrative removal from the biosimilar biological product development program.--If a person has failed to pay an annual biosimilar biological product development fee for a product as required under subparagraph (B) for a period of 2 consecutive fiscal years, the Secretary may administratively remove such person from the biosimilar biological product development program for the product. <<NOTE: Notice.>> At least 30 days prior to administratively removing a person from the biosimilar biological product development program for a product under this clause, the Secretary shall provide written notice to such person of the intended administrative removal.''. (6) Biosimilar biological product application fee.--Section 744H(a)(2)(D) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 379j-52(a)(2)(D)) is amended by inserting after ``or was withdrawn'' the following: ``prior to approval''. (7) Biosimilar biological product program fee.--Section 744H(a)(3) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 379j-52(a)(3)) is amended-- (A) in subparagraph (A)-- (i) in clause (i), by striking ``and'' at the end; (ii) by redesignating clause (ii) as clause (iii); and (iii) by inserting after clause (i) the following: ``(ii) may be dispensed only under prescription pursuant to section 503(b); and''; and (B) by adding at the end the following: ``(E) Movement to discontinued list.-- ``(i) Date of inclusion.--If a written request to place a product on the list referenced in subparagraph (A) of discontinued biosimilar biological products is submitted to the Secretary on behalf of an applicant, and the request identifies the date the product is, or will be, withdrawn from sale, then for purposes of assessing the biosimilar biological product program fee, the Secretary shall consider such product to have been included on such list on the later of-- ``(I) the date such request was received; or ``(II) if the product will be withdrawn from sale on a future date, such future date when the product is withdrawn from sale. ``(ii) Treatment as withdrawn from sale.--For purposes of clause (i), a product shall be considered withdrawn from sale once the applicant has ceased its own distribution of the product, whether or not the applicant has ordered recall of all previously distributed lots of the product, except that a routine, temporary interruption in supply shall not render a product withdrawn from sale. ``(iii) Special rule for products removed from discontinued list.--If a biosimilar biological product that is identified in a biosimilar biological product application approved as of October 1 of a fiscal year appears, as of October 1 of such fiscal year, on the [[Page 136 STAT. 2163]] list referenced in subparagraph (A) of discontinued biosimilar biological products, and on any subsequent day during such fiscal year the biosimilar biological product does not appear on such list, except as provided in subparagraph (D), each person who is named as the applicant in a biosimilar biological product application with respect to such product shall pay the annual biosimilar biological product program fee established for a fiscal year under subsection (c)(5) for such biosimilar biological product. Notwithstanding subparagraph (B), such fee shall be due on the last business day of such fiscal year and shall be paid only once for each such product for each fiscal year.''. (8) Biosimilar biological product fee.--Section 744H(a) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 379j-52(a)) is amended by striking paragraph (4). (b) Fee Revenue Amounts.--Subsection (b) of section 744H of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 379j-52) is amended-- (1) by striking paragraph (1); (2) by redesignating paragraphs (2) through (4) as paragraphs (1) through (3), respectively; (3) by amending paragraph (1) (as so redesignated) to read as follows: ``(1) In <<NOTE: Time periods.>> general.--For each of the fiscal years 2023 through 2027, fees under subsection (a) shall, except as provided in subsection (c), be established to generate a total revenue amount equal to the sum of-- ``(A) the annual base revenue for the fiscal year (as determined under paragraph (3)); ``(B) the dollar amount equal to the inflation adjustment for the fiscal year (as determined under subsection (c)(1)); ``(C) the dollar amount equal to the strategic hiring and retention adjustment (as determined under subsection (c)(2)); ``(D) the dollar amount equal to the capacity planning adjustment for the fiscal year (as determined under subsection (c)(3)); ``(E) the dollar amount equal to the operating reserve adjustment for the fiscal year, if applicable (as determined under subsection (c)(4)); ``(F) for fiscal year 2023 an additional amount of $4,428,886; and ``(G) for fiscal year 2024 an additional amount of $320,569.''; (4) in paragraph (2) (as so redesignated)-- (A) in the paragraph heading, by striking ``; limitations on fee amounts''; (B) by striking subparagraph (B); and (C) by redesignating subparagraphs (C) and (D) as subparagraphs (B) and (C), respectively; and (5) by amending paragraph (3) (as so redesignated) to read as follows: ``(3) Annual base revenue.--For purposes of paragraph (1), the dollar amount of the annual base revenue for a fiscal year shall be-- [[Page 136 STAT. 2164]] ``(A) for fiscal year 2023, $43,376,922; and ``(B) <<NOTE: Time period.>> for fiscal years 2024 through 2027, the dollar amount of the total revenue amount established under paragraph (1) for the previous fiscal year, excluding any adjustments to such revenue amount under subsection (c)(4).''. (c) Adjustments; Annual Fee Setting.--Section 744H(c) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 379j-52(c)) is amended-- (1) in paragraph (1)-- (A) in subparagraph (A)-- (i) in the matter preceding clause (i), by striking ``subsection (b)(2)(B)'' and inserting ``subsection (b)(1)(B)''; and (ii) in clause (i), by striking ``subsection (b)'' and inserting ``subsection (b)(1)(A)''; and (B) in subparagraph (B)(ii), by striking ``Washington-Baltimore, DC-MD-VA-WV'' and inserting ``Washington-Arlington-Alexandria, DC-VA-MD-WV''; (2) by striking paragraphs (2) through (4) and inserting the following: ``(2) Strategic hiring and retention adjustment.--For each fiscal year, after the annual base revenue under subsection (b)(1)(A) is adjusted for inflation in accordance with paragraph (1), the Secretary shall further increase the fee revenue and fees by $150,000. ``(3) Capacity planning adjustment.-- ``(A) In general.--For each fiscal year, the Secretary shall, in addition to the adjustments under paragraphs (1) and (2), further adjust the fee revenue and fees under this section for a fiscal year to reflect changes in the resource capacity needs of the Secretary for the process for the review of biosimilar biological product applications. ``(B) Methodology.--For purposes of this paragraph, the Secretary shall employ the capacity planning methodology utilized by the Secretary in setting fees for fiscal year 2021, as described in the notice titled `Biosimilar User Fee Rates for Fiscal Year 2021' published in the Federal Register on August 4, 2020 (85 Fed. Reg. 47220). The workload categories used in applying such methodology in forecasting shall include only the activities described in that notice and, as feasible, additional activities that are directly related to the direct review of biosimilar biological product applications and supplements, including additional formal meeting types, the direct review of postmarketing commitments and requirements, the direct review of risk evaluation and mitigation strategies, and the direct review of annual reports for approved biosimilar biological products. Subject to the exceptions in the preceding sentence, the Secretary shall not include as workload categories in applying such methodology in forecasting any non-core review activities, including those activities that the Secretary referenced for potential future use in such notice but did not utilize in setting fees for fiscal year 2021. ``(C) Limitations.--Under no circumstances shall an adjustment under this paragraph result in fee revenue [[Page 136 STAT. 2165]] for a fiscal year that is less than the sum of the amounts under subsections (b)(1)(A) (the annual base revenue for the fiscal year), (b)(1)(B) (the dollar amount of the inflation adjustment for the fiscal year), and (b)(1)(C) (the dollar amount of the strategic hiring and retention adjustment). ``(D) <<NOTE: Notice.>> Publication in federal register.--The Secretary shall publish in the Federal Register notice under paragraph (5) the fee revenue and fees resulting from the adjustment and the methodologies under this paragraph. ``(4) <<NOTE: Time periods.>> Operating reserve adjustment.-- ``(A) <<NOTE: Review.>> Increase.--For fiscal year 2023 and subsequent fiscal years, the Secretary shall, in addition to adjustments under paragraphs (1), (2), and (3), further increase the fee revenue and fees if such an adjustment is necessary to provide for at least 10 weeks of operating reserves of carryover user fees for the process for the review of biosimilar biological product applications. ``(B) Decrease.-- ``(i) Fiscal year 2023.--For fiscal year 2023, if the Secretary has carryover balances for such process in excess of 33 weeks of such operating reserves, the Secretary shall decrease such fee revenue and fees to provide for not more than 33 weeks of such operating reserves. ``(ii) Fiscal year 2024.--For fiscal year 2024, if the Secretary has carryover balances for such process in excess of 27 weeks of such operating reserves, the Secretary shall decrease such fee revenue and fees to provide for not more than 27 weeks of such operating reserves. ``(iii) Fiscal year 2025 and subsequent fiscal years.--For fiscal year 2025 and subsequent fiscal years, if the Secretary has carryover balances for such process in excess of 21 weeks of such operating reserves, the Secretary shall decrease such fee revenue and fees to provide for not more than 21 weeks of such operating reserves. ``(C) Federal register notice.--If an adjustment under subparagraph (A) or (B) is made, the rationale for the amount of the increase or decrease (as applicable) in fee revenue and fees shall be contained in the annual Federal Register notice under paragraph (5)(B) establishing fee revenue and fees for the fiscal year involved.''; and (3) in paragraph (5), in the matter preceding subparagraph (A), by striking ``2018'' and inserting ``2023''. (d) Crediting and Availability of Fees.--Subsection (f)(3) of section 744H of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 379j-52(f)(3)) is amended by striking ``2018 through 2022'' and inserting ``2023 through 2027''. (e) Written Requests for Waivers and Returns; Disputes Concerning Fees.--Section 744H(h) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 379j-52(h)) is amended to read as follows: ``(h) Written Requests for Waivers and Returns; Disputes Concerning Fees.-- <<NOTE: Deadline.>> To qualify for consideration for a waiver under subsection (d), or for the return of any fee paid under this section, including if the fee is claimed to have been paid in error, a person [[Page 136 STAT. 2166]] shall submit to the Secretary a written request justifying such waiver or return and, except as otherwise specified in this section, such written request shall be submitted to the Secretary not later than 180 days after such fee is due. A request submitted under this paragraph shall include any legal authorities under which the request is made.''. SEC. 4004. REAUTHORIZATION; REPORTING REQUIREMENTS. Section 744I of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 379j-53) is amended-- (1) in subsection (a)(1), by striking ``Beginning with fiscal year 2018, not'' and inserting ``Not''; (2) by striking ``Biosimilar User Fee Amendments of 2017'' each place it appears and inserting ``Biosimilar User Fee Amendments of 2022''; (3) in subsection (a)(2), by striking ``Beginning with fiscal year 2018, the'' and inserting ``The''; (4) in subsection (a)(3)(A), by striking ``Not later than 30 calendar days after the end of the second quarter of fiscal year 2018, and not later than 30 calendar days after the end of each quarter of each fiscal year thereafter'' and inserting ``Not later than 30 calendar days after the end of each quarter of each fiscal year for which fees are collected under this part''; (5) in subsection (b), by striking ``Not later than 120 days after the end of fiscal year 2018 and each subsequent fiscal year for which fees are collected under this part'' and inserting ``Not later than 120 days after the end of each fiscal year for which fees are collected under this part''; (6) in subsection (c), by striking ``Beginning with fiscal year 2018, and for'' and inserting ``For''; and (7) in subsection (f)-- (A) in paragraph (1), in the matter preceding subparagraph (A), by striking ``fiscal year 2022'' and inserting ``fiscal year 2027''; and (B) in paragraph (3), by striking ``January 15, 2022'' and inserting ``January 15, 2027''. SEC. 4005. SUNSET DATES. (a) <<NOTE: 21 USC 379j-51 note.>> Authorization.--Sections 744G and 744H of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 379j-51, 379j-52) shall cease to be effective October 1, 2027. (b) <<NOTE: 21 USC 379j-53 note.>> Reporting Requirements.--Section 744I of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 379j-53) shall cease to be effective January 31, 2028. (c) <<NOTE: Repeal. 21 USC 379j-51 note.>> Previous Sunset Provision.--Effective October 1, 2022, subsections (a) and (b) of section 405 of the FDA Reauthorization Act of 2017 (Public Law 115-52) are repealed. SEC. 4006. <<NOTE: Assessment. 21 USC 379j-51 note.>> EFFECTIVE DATE. The amendments made by this title shall take effect on October 1, 2022, or the date of the enactment of this Act, whichever is later, except that fees under part 8 of subchapter C of chapter VII of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 379j-51 et seq.) shall be assessed for all biosimilar biological product applications received on or after October 1, 2022, regardless of the date of the enactment of this Act. [[Page 136 STAT. 2167]] SEC. 4007. <<NOTE: Extension. Time period. 21 USC 379j-51 note.>> SAVINGS CLAUSE. Notwithstanding the amendments made by this title, part 8 of subchapter C of chapter VII of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 379j-51 et seq.), as in effect on the day before the date of the enactment of this title, shall continue to be in effect with respect to biosimilar biological product applications and supplements (as defined in such part as of such day) that were accepted by the Food and Drug Administration for filing on or after October 1, 2017, but before October 1, 2022, with respect to assessing and collecting any fee required by such part for a fiscal year prior to fiscal year 2023. TITLE V-- <<NOTE: Time periods.>> REAUTHORIZATION OF OTHER PROVISIONS SEC. 5001. REAUTHORIZATION OF THE BEST PHARMACEUTICALS FOR CHILDREN PROGRAM. Section 409I(d)(1) of the Public Health Service Act (42 U.S.C. 284m(d)(1)) is amended by striking ``$25,000,000 for each of fiscal years 2018 through 2022'' and inserting ``$5,273,973 for the period beginning on October 1, 2022 and ending on December 16, 2022''. SEC. 5002. REAUTHORIZATION OF THE HUMANITARIAN DEVICE EXEMPTION INCENTIVE. Section 520(m)(6)(A)(iv) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360j(m)(6)(A)(iv)) is amended by striking ``October 1'' and inserting ``December 17''. SEC. 5003. REAUTHORIZATION OF THE PEDIATRIC DEVICE CONSORTIA PROGRAM. Section 305(e) of the Food and Drug Administration Amendments Act of 2007 (Public Law 110-85; 42 U.S.C. 282 note) is amended by striking ``$5,250,000 for each of fiscal years 2018 through 2022'' and inserting ``$1,107,534 for the period beginning on October 1, 2022, and ending on December 16, 2022''. SEC. 5004. REAUTHORIZATION OF PROVISION PERTAINING TO DRUGS CONTAINING SINGLE ENANTIOMERS. Section 505(u)(4) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(u)(4)) is amended by striking ``October 1'' and inserting ``December 17''. SEC. 5005. REAUTHORIZATION OF THE CRITICAL PATH PUBLIC-PRIVATE PARTNERSHIP. Section 566(f) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360bbb-5(f)) is amended by striking ``$6,000,000 for each of fiscal years 2018 through 2022'' and inserting ``$1,265,753 for the period beginning on October 1, 2022 and ending on December 16, 2022''. SEC. 5006. REAUTHORIZATION OF ORPHAN DRUG GRANTS. Section 5(c) of the Orphan Drug Act (21 U.S.C. 360ee(c)) is amended by striking ``$30,000,000 for each of fiscal years 2018 through 2022'' and inserting ``$6,328,767 for the period beginning on October 1, 2022, and ending on December 16, 2022''. [[Page 136 STAT. 2168]] SEC. 5007. REAUTHORIZATION OF CERTAIN DEVICE INSPECTIONS. Section 704(g)(11) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 374(g)(11)) is amended by striking ``October 1'' and inserting ``December 17''. SEC. 5008. REAUTHORIZATION OF REPORTING REQUIREMENTS RELATED TO PENDING GENERIC DRUG APPLICATIONS AND PRIORITY REVIEW APPLICATIONS. Section 807 of the FDA Reauthorization Act of 2017 (Public Law 115- 52) is amended, in the matter preceding paragraph (1), by striking ``October 1'' and inserting ``December 16''. DIVISION G-- <<NOTE: Hermit's Peak/Calf Canyon Fire Assistance Act. Claims.>> HERMIT'S PEAK/CALF CANYON FIRE ASSISTANCE ACT SEC. 101. SHORT TITLE. This division may be cited as the ``Hermit's Peak/Calf Canyon Fire Assistance Act''. SEC. 102. FINDINGS AND PURPOSES. (a) Findings.--Congress finds that-- (1) on April 6, 2022, the Forest Service initiated the Las Dispensas-Gallinas prescribed burn on Federal land in the Santa Fe National Forest in San Miguel County, New Mexico, when erratic winds were prevalent in the area that was also suffering from severe drought after many years of insufficient precipitation; (2) on April 6, 2022, the prescribed burn, which became known as the ``Hermit's Peak Fire'', exceeded the containment capabilities of the Forest Service, was declared a wildfire, and spread to other Federal and non-Federal land; (3) on April 19, 2022, the Calf Canyon Fire, also in San Miguel County, New Mexico, began burning on Federal land and was later identified as the result of a pile burn in January 2022 that remained dormant under the surface before reemerging; (4) on April 27, 2022, the Hermit's Peak Fire and the Calf Canyon Fire merged, and both fires were reported as the Hermit's Peak Fire or the Hermit's Peak/Calf Canyon Fire, which shall be referred to hereafter as the Hermit's Peak/Calf Canyon Fire; (5) by May 2, 2022, the fire had grown in size and caused evacuations in multiple villages and communities in San Miguel County and Mora County, including in the San Miguel county jail, the State's psychiatric hospital, the United World College, and New Mexico Highlands University; (6) on May 4, 2022, the President issued a major disaster declaration for the counties of Colfax, Mora, and San Miguel, New Mexico; (7) on May 20, 2022, U.S. Forest Service Chief Randy Moore ordered a 90-day review of prescribed burn policies to reduce the risk of wildfires and ensure the safety of the communities involved; (8) the U.S. Forest Service has assumed responsibility for the Hermit's Peak/Calf Canyon Fire; [[Page 136 STAT. 2169]] (9) the fire resulted in the loss of Federal, State, local, Tribal, and private property; and (10) the United States should compensate the victims of the Hermit's Peak/Calf Canyon Fire. (b) Purposes.--The purposes of this Act are-- (1) to compensate victims of the Hermit's Peak/Calf Canyon Fire, for injuries resulting from the fire; and (2) to provide for the expeditious consideration and settlement of claims for those injuries. SEC. 103. DEFINITIONS. In this Act: (1) Administrator.--The term ``Administrator'' means-- (A) the Administrator of the Federal Emergency Management Agency; or (B) if a Manager is appointed under section 104(a)(3), the Manager. (2) Hermit's peak/calf canyon fire.--The term ``Hermit's Peak/Calf Canyon Fire'' means-- (A) the fire resulting from the initiation by the Forest Service of a prescribed burn in the Santa Fe National Forest in San Miguel County, New Mexico, on April 6, 2022; (B) the pile burn holdover resulting from the prescribed burn by the Forest Service, which reemerged on April 19, 2022; and (C) the merger of the two fires described in subparagraphs (A) and (B), reported as the Hermit's Peak Fire or the Hermit's Peak Fire/Calf Canyon Fire. (3) Indian tribe.--The term ``Indian Tribe'' means the recognized governing body of any Indian or Alaska Native Tribe, band, nation, pueblo, village, community, component band, or component reservation individually identified (including parenthetically) in the list published most recently as of the date of enactment of this Act pursuant to section 104 of the Federally Recognized Indian Tribe List Act of 1994 (25 U.S.C. 5131). (4) Injured person.--The term ``injured person'' means-- (A) an individual, regardless of the citizenship or alien status of the individual; or (B) an Indian Tribe, corporation, Tribal corporation, partnership, company, association, county, township, city, State, school district, or other non- Federal entity (including a legal representative) that suffered injury resulting from the Hermit's Peak/Calf Canyon Fire. (5) Injury.--The term ``injury'' has the same meaning as the term ``injury or loss of property, or personal injury or death'' as used in section 1346(b)(1) of title 28, United States Code. (6) Manager.--The term ``Manager'' means an Independent Claims Manager appointed under section 104(a)(3). (7) Office.--The term ``Office'' means the Office of Hermit's Peak/Calf Canyon Fire Claims established by section 104(a)(2). (8) Tribal entity.--The term ``Tribal entity'' includes any Indian Tribe, tribal organization, Indian-controlled organization serving Indians, Native Hawaiian organization, or Alaska Native entity, as such terms are defined or used in section [[Page 136 STAT. 2170]] 166 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3221). SEC. 104. COMPENSATION FOR VICTIMS OF HERMIT'S PEAK/CALF CANYON FIRE. (a) In General.-- (1) Compensation.--Each injured person shall be eligible to receive from the United States compensation for injury suffered by the injured person as a result of the Hermit's Peak/Calf Canyon Fire, subject to the availability of appropriations and subject to the Administrator making the determinations required under subsection (d). (2) <<NOTE: Establishment.>> Office of hermit's peak/calf canyon fire claims.-- (A) In general.--There is established within the Federal Emergency Management Agency an Office of Hermit's Peak/Calf Canyon Fire Claims. (B) Purpose.--The Office shall receive, process, and pay claims in accordance with this Act. (C) Funding.--The Office-- (i) shall be funded from funds made available to the Administrator for carrying out this section; (ii) <<NOTE: Appointment.>> may appoint and fix the compensation of such temporary personnel as may be necessary, without regard to the provisions of title 5, United States Code, governing appointments in competitive service; and (iii) <<NOTE: Reimbursement.>> may reimburse other Federal agencies for claims processing support and assistance. (3) Option to appoint independent claims manager.--The Administrator may appoint an Independent Claims Manager to-- (A) head the Office; and (B) assume the duties of the Administrator under this Act. (4) <<NOTE: Reimbursement.>> Detail.--Upon the request of the Administrator, the head of any Federal department or agency may detail, on a reimbursable basis, any of the personnel of that department or agency to the Federal Emergency Management Agency to assist the Agency in carrying out the duties under this Act. (b) <<NOTE: Deadline. Requirements. Determination.>> Submission of Claims.--Not later than 2 years after the date on which regulations are first promulgated under subsection (f), an injured person may submit to the Administrator a written claim for 1 or more injuries suffered by the injured person in accordance with such requirements as the Administrator determines to be appropriate. (c) Investigation of Claims.-- (1) In general.--In accordance with subsection (d), the Administrator shall, on behalf of the United States, investigate, consider, ascertain, adjust, determine, grant, deny, or settle any claim for money damages asserted under subsection (b). (2) Applicability of state law.--Except as otherwise provided in this Act, the laws of the State of New Mexico shall apply to the calculation of damages under subsection (d)(4). (3) Extent of damages.--Any payment under this Act-- (A) shall be limited to actual compensatory damages measured by injuries suffered; and (B) shall not include-- [[Page 136 STAT. 2171]] (i) interest before settlement or payment of a claim; or (ii) punitive damages. (d) Payment of Claims.-- (1) Determination and payment of amount.-- (A) In general.-- (i) <<NOTE: Deadline.>> Payment.--Not later than 180 days after the date on which a claim is submitted under this Act, the Administrator shall determine and fix the amount, if any, to be paid for the claim. (ii) Priority.--The Administrator, to the maximum extent practicable, shall pay subrogation claims submitted under this Act only after paying claims submitted by injured parties that are not insurance companies seeking payment as subrogees. (B) Parameters of determination.--In determining and settling a claim under this Act, the Administrator shall determine only-- (i) whether the claimant is an injured person; (ii) whether the injury that is the subject of the claim resulted from the Hermit's Peak/Calf Canyon Fire; (iii) whether the person or persons are otherwise eligible to receive any amount determined under clause (iv); and (iv) whether sufficient funds are available for payment and, if so, the amount, if any, to be allowed and paid under this Act. (C) Insurance and other benefits.-- (i) In general.--In determining the amount of, and paying, a claim under this Act, to prevent recovery by a claimant in excess of actual compensatory damages, the Administrator shall reduce the amount to be paid for the claim by an amount that is equal to the total of insurance benefits (excluding life insurance benefits) or other payments or settlements of any nature that were paid, or will be paid, with respect to the claim. (ii) Government loans.--This subparagraph shall not apply to the receipt by a claimant of any government loan that is required to be repaid by the claimant. (2) Partial payment.-- (A) In general.--At the request of a claimant, the Administrator may make 1 or more advance or partial payments, subject to the determination required under paragraph (1)(B), before the final settlement of a claim, including final settlement on any portion or aspect of a claim that is determined to be severable. (B) Judicial decision.--If a claimant receives a partial payment on a claim under this Act, but further payment on the claim is subsequently denied by the Administrator, the claimant may-- (i) <<NOTE: Determination.>> seek judicial review under subsection (i); and (ii) keep any partial payment that the claimant received, unless the Administrator determines that the claimant-- [[Page 136 STAT. 2172]] (I) was not eligible to receive the compensation; or (II) fraudulently procured the compensation. (3) Rights of insurer or other third party.--If an insurer or other third party pays any amount to a claimant to compensate for an injury described in subsection (a), the insurer or other third party shall be subrogated to any right that the claimant has to receive any payment under this Act or any other law. (4) Allowable damages.-- (A) Loss of property.--A claim that is paid for loss of property under this Act may include otherwise uncompensated damages resulting from the Hermit's Peak/ Calf Canyon Fire for-- (i) an uninsured or underinsured property loss; (ii) a decrease in the value of real property; (iii) damage to physical infrastructure, including irrigation infrastructure such as acequia systems; (iv) a cost resulting from lost subsistence from hunting, fishing, firewood gathering, timbering, grazing, or agricultural activities conducted on land damaged by the Hermit's Peak/ Calf Canyon Fire; (v) a cost of reforestation or revegetation on Tribal or non-Federal land, to the extent that the cost of reforestation or revegetation is not covered by any other Federal program; and (vi) any other loss that the Administrator determines to be appropriate for inclusion as loss of property. (B) Business loss.--A claim that is paid for injury under this Act may include damages resulting from the Hermit's Peak/Calf Canyon Fire for the following types of otherwise uncompensated business loss: (i) Damage to tangible assets or inventory, including natural resources. (ii) Business interruption losses. (iii) Overhead costs. (iv) Employee wages for work not performed. (v) Loss of business net income. (vi) Any other loss that the Administrator determines to be appropriate for inclusion as business loss. (C) Financial loss.--A claim that is paid for injury under this Act may include damages resulting from the Hermit's Peak/Calf Canyon Fire for the following types of otherwise uncompensated financial loss: (i) Increased mortgage interest costs. (ii) An insurance deductible. (iii) A temporary living or relocation expense. (iv) Lost wages or personal income. (v) Emergency staffing expenses. (vi) Debris removal and other cleanup costs. (vii) <<NOTE: Determination. Deadlines.>> Costs of reasonable efforts, as determined by the Administrator, to reduce the risk of wildfire, flood, or other natural disaster in the counties impacted by the Hermit's Peak/Calf Canyon Fire to risk levels prevailing in those counties before the Hermit's Peak/Calf Canyon Fire, that are incurred not later than [[Page 136 STAT. 2173]] the date that is 3 years after the date on which the regulations under subsection (f) are first promulgated. (viii) A premium for flood insurance that is required to be paid on or before May 31, 2024, if, as a result of the Hermit's Peak/Calf Canyon Fire, a person that was not required to purchase flood insurance before the Hermit's Peak/Calf Canyon Fire is required to purchase flood insurance. (ix) A disaster assistance loan received from the Small Business Administration. (x) Any other loss that the Administrator determines to be appropriate for inclusion as financial loss. (e) Acceptance of Award.--The acceptance by a claimant of any payment under this Act, except an advance or partial payment made under subsection (d)(2), shall-- (1) be final and conclusive on the claimant, with respect to all claims arising out of or relating to the same subject matter; and (2) constitute a complete release of all claims against the United States (including any agency or employee of the United States) under chapter 171 of title 28, United States Code (commonly known as the ``Federal Tort Claims Act''), or any other Federal or State law, arising out of or relating to the same subject matter. (f) Regulations and Public Information.-- (1) <<NOTE: Deadline. Federal Register, publication.>> Regulations.--Notwithstanding any other provision of law, not later than 45 days after the date of enactment of this Act, the Administrator shall promulgate and publish in the Federal Register interim final regulations for the processing and payment of claims under this Act. (2) Public information.-- (A) <<NOTE: Web posting. Newspapers. New Mexico.>> In general.--At the time at which the Administrator promulgates regulations under paragraph (1), the Administrator shall publish, online and in print, in newspapers of general circulation in the State of New Mexico, a clear, concise, and easily understandable explanation, in English and Spanish, of-- (i) the rights conferred under this Act; and (ii) the procedural and other requirements of the regulations promulgated under paragraph (1). (B) Dissemination through other media.--The Administrator shall disseminate the explanation published under subparagraph (A) through websites, blogs, social media, brochures, pamphlets, radio, television, and other media that the Administrator determines are likely to reach prospective claimants. (g) Consultation.--In administering this Act, the Administrator shall consult with the Secretary of the Interior, the Secretary of Energy, the Secretary of Agriculture, the Administrator of the Small Business Administration, other Federal agencies, and State, local, and Tribal authorities, as determined to be necessary by the Administrator, to-- (1) ensure the efficient administration of the claims process; and (2) provide for local concerns. (h) Election of Remedy.-- [[Page 136 STAT. 2174]] (1) In general.--An injured person may elect to seek compensation from the United States for 1 or more injuries resulting from the Hermit's Peak/Calf Canyon Fire by-- (A) submitting a claim under this Act; (B) filing a claim or bringing a civil action under chapter 171 of title 28, United States Code (commonly known as the ``Federal Tort Claims Act''); or (C) bringing an authorized civil action under any other provision of law. (2) Effect of election.--In accordance with subsection (e), an election by an injured person to seek compensation in any manner described in paragraph (1) shall be final and conclusive on the claimant with respect to all injuries resulting from the Hermit's Peak/Calf Canyon Fire that are suffered by the claimant upon acceptance of an award. (3) Arbitration.-- (A) <<NOTE: Deadline. Regulations. Procedures.>> In general.--Not later than 45 days after the date of enactment of this Act, the Administrator shall establish by regulation procedures under which a dispute regarding a claim submitted under this Act may be settled by arbitration. (B) Arbitration as remedy.--On establishment of arbitration procedures under subparagraph (A), an injured person that submits a disputed claim under this Act may elect to settle the claim through arbitration. (C) Binding effect.--An election by an injured person to settle a claim through arbitration under this paragraph shall-- (i) be binding; and (ii) preclude any exercise by the injured person of the right to judicial review of a claim described in subsection (i). (4) No effect on entitlements.--The value of compensation that may be provided under this Act shall not be considered income or resources for any purpose under any Federal, State, or local laws, including laws relating to taxation, welfare, and public assistance programs, and no State or political subdivision thereof shall decrease any assistance otherwise provided to an injured person because of the receipt of benefits under this Act. (i) Judicial Review.-- (1) <<NOTE: Deadline.>> In general.--Any claimant aggrieved by a final decision of the Administrator under this Act may, not later than 60 days after the date on which the decision is issued, bring a civil action in the United States District Court for the District of New Mexico, to modify or set aside the decision, in whole or in part. (2) Record.--The court shall hear a civil action under paragraph (1) on the record made before the Administrator. (3) Standard.--The decision of the Administrator incorporating the findings of the Administrator shall be upheld if the decision is supported by substantial evidence on the record considered as a whole. (j) Attorney's and Agent's Fees.-- (1) In general.--No attorney or agent, acting alone or in combination with any other attorney or agent, shall charge, demand, receive, or collect, for services rendered in connection [[Page 136 STAT. 2175]] with a claim submitted under this Act, fees in excess of the limitations established under section 2678 of title 28, United States Code. (2) Violation.--An attorney or agent who violates paragraph (1) shall be fined not more than $10,000. (k) <<NOTE: Determinations.>> Waiver of Requirement for Matching Funds.-- (1) State and local project.-- (A) In general.--Notwithstanding any other provision of law, a State or local project that is determined by the Administrator to be carried out in response to the Hermit's Peak/Calf Canyon Fire under any Federal program that applies to an area affected by the Hermit's Peak/ Calf Canyon Fire shall not be subject to any requirement for State or local matching funds to pay the cost of the project under the Federal program. (B) Federal share.--The Federal share of the costs of a project described in subparagraph (A) shall be 100 percent. (2) Other needs program assistance.--Notwithstanding section 408(g)(2) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5174(g)(2)), for any emergency or major disaster declared by the President under that Act for the Hermit's Peak/Calf Canyon Fire, the Federal share of assistance provided under that section shall be 100 percent. (3) Agricultural program assistance.-- (A) In general.--Notwithstanding any other provision of law, a State, local, or individual project that is determined by the Secretary of Agriculture to be carried out in response to the Hermit's Peak/Calf Canyon Fire under any Federal program that applies to an area affected by the Hermit's Peak/Calf Canyon Fire shall not be subject to any requirement for State, local, or individual matching funds to pay the cost of the project under the Federal program. (B) Federal share.--The Federal share of the costs of a project described in subparagraph (A) shall be 100 percent. (l) Applicability of Debt Collection Requirements.--Section 3711(a) of title 31, United States Code, shall not apply to any payment under this Act, unless-- (1) there is evidence of civil or criminal fraud, misrepresentation, presentation of a false claim; or (2) a claimant was not eligible under subsection (d)(2) of this Act to any partial payment. (m) Indian Compensation.--Notwithstanding any other provision of law, in the case of an Indian Tribe, a Tribal entity, or a member of an Indian Tribe that submits a claim under this Act-- (1) the Bureau of Indian Affairs shall have no authority over, or any trust obligation regarding, any aspect of the submission of, or any payment received for, the claim; (2) the Indian Tribe, Tribal entity, or member of an Indian Tribe shall be entitled to proceed under this Act in the same manner and to the same extent as any other injured person; and (3) except with respect to land damaged by the Hermit's Peak/Calf Canyon Fire that is the subject of the claim, the [[Page 136 STAT. 2176]] Bureau of Indian Affairs shall have no responsibility to restore land damaged by the Hermit's Peak/Calf Canyon Fire. (n) Report.--Not later than 1 year after the date of promulgation of regulations under subsection (f)(1), and annually thereafter, the Administrator shall submit to Congress a report that describes the claims submitted under this Act during the year preceding the date of submission of the report, including, for each claim-- (1) the amount claimed; (2) a brief description of the nature of the claim; and (3) the status or disposition of the claim, including the amount of any payment under this Act. (o) Authorization of Appropriations.--There are authorized to be appropriated such sums as are necessary to carry out this Act. Approved September 30, 2022. LEGISLATIVE HISTORY--H.R. 6833: --------------------------------------------------------------------------- CONGRESSIONAL RECORD, Vol. 168 (2022): Mar. 31, considered and passed House. Sept. 28, 29, considered and passed Senate, amended. Sept. 30, House concurred in Senate amendment. <all>

Continuing Appropriations and Ukraine Supplemental Appropriations Act, 2023

To amend title XXVII of the Public Health Service Act, the Internal Revenue Code of 1986, and the Employee Retirement Income Security Act of 1974 to establish requirements with respect to cost-sharing for certain insulin products, and for other purposes.

Affordable Insulin Now Act Affordable Insulin Now Act

Rep. Craig, Angie

D

MN

H.R.9237

Armed Forces and National Security

This bill designates the community-based outpatient clinic of the Department of Veterans Affairs in Vallejo, California, as the Delphine Metcalf-Foster VA Clinic.

To name the Department of Veterans Affairs community-based outpatient clinic in Vallejo, California, as the ``Delphine Metcalf-Foster VA Clinic''. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. NAME OF DEPARTMENT OF VETERANS AFFAIRS COMMUNITY-BASED OUTPATIENT CLINIC, VALLEJO, CALIFORNIA. The Department of Veterans Affairs community-based outpatient clinic in Vallejo, California, shall after the date of the enactment of this Act be known and designated as the ``Delphine Metcalf-Foster VA Clinic''. Any reference to such clinic in any law, regulation, map, document, record, or other paper of the United States shall be considered to be a reference to the Delphine Metcalf-Foster VA Clinic. <all>

To name the Department of Veterans Affairs community-based outpatient clinic in Vallejo, California, as the "Delphine Metcalf-Foster VA Clinic".

To name the Department of Veterans Affairs community-based outpatient clinic in Vallejo, California, as the "Delphine Metcalf-Foster VA Clinic".

Official Titles - House of Representatives Official Title as Introduced To name the Department of Veterans Affairs community-based outpatient clinic in Vallejo, California, as the "Delphine Metcalf-Foster VA Clinic".

Rep. Thompson, Mike

D

CA

H.R.3121

Armed Forces and National Security

Military Child Care Expansion Act of 2021 This bill modifies and implements policies to update child care facilities and administration at the Department of Defense (DOD). Specifically, the bill removes certain requirements for members of the Armed Forces to receive funding for an in-home child care provider under the DOD pilot program that provides financial assistance to such members who pay for in-home child care. The bill also allows DOD to expand the pilot program to additional locations (currently it is authorized for five). DOD must establish a 10-year pilot program to expand access to child care for members of the Armed Forces by entering into agreements with public or private child care facilities or development centers. Under the bill, DOD must determine the (1) root causes contributing to poor or failing facility conditions at its child development centers, and (2) total cost to improve the conditions of such centers. The Government Accountability Office must review the determinations and make recommendations on how to improve DOD child development center conditions. Lastly, DOD must utilize its existing authority to carry out minor military construction projects to construct child development centers.

To expand child care opportunities for members of the Armed Forces, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Military Child Care Expansion Act of 2021''. SEC. 2. EXPANSION OF PILOT PROGRAM TO PROVIDE FINANCIAL ASSISTANCE TO MEMBERS OF THE ARMED FORCES FOR IN-HOME CHILD CARE. Section 589 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116-283) is amended-- (1) in subsection (a)(3)-- (A) by striking ``Secretary shall--'' and all that follows through ``private sector; and'' and inserting ``Secretary shall take into consideration qualifications for in-home child care providers in the private sector.''; and (B) by striking subparagraph (B); and (2) in subsection (b), by adding at the end the following: ``The Secretary of Defense may expand the pilot program to additional locations.''. SEC. 3. PILOT PROGRAM TO EXPAND ACCESS TO CHILD CARE TO THE DEPARTMENT OF DEFENSE. (a) In General.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall establish a pilot program to expand access to child care for members of the Armed Forces by entering into agreements with public or private child care facilities or development centers. (b) Scope.--In carrying out the pilot program, the Secretary shall-- (1) seek to enter into one or more memoranda of understanding with one or more eligible civilian child care centers or facilities to reserve slots for qualified families in locations in which-- (A) the Department of Defense lacks a child development center; or (B) the wait lists for the nearest Department of Defense child development center, where applicable, indicate that qualified families may not be accommodated; and (2) select five locations that the Secretary determines have the greatest unmet demand for child care services for children of members of the Armed Forces, including at least one facility in each location that offers extended or flexible hours to provide care after hours and on weekends. (c) Annual Assessment of Results.--Not later than one year after establishing the pilot program under subsection (a), the Secretary shall undertake a current assessment of the impact of the pilot program on access to childcare facilities or child development centers for qualified families. (d) Reports.-- (1) Interim reports.--Not later than one year after the Secretary establishes the pilot program and twice annually thereafter, the Secretary shall submit to the Committees on Armed Services of the Senate and the House of Representatives an interim report on the pilot program. Each interim report shall include the following elements: (A) The number of military families participating in the pilot program, disaggregated by location and duration of participation. (B) A breakdown of the total cost, including any subsidies or financial assistance, charged by the childcare facility or child development center. (C) The impact of the program on wait times at Department of Defense child care development centers. (D) The feasibility of expanding the pilot program. (E) Recommendations for legislation or administrative actions that the Secretary determines necessary to make the pilot program permanent. (F) Any other information the Secretary determines appropriate. (2) Final report.--Not later than 90 days after the termination of the pilot program, the Secretary shall submit to the Committees on Armed Services of the Senate and the House of Representatives a final report on the pilot program. The report shall include the following elements: (A) The elements specified in paragraph (1). (B) The recommendation of the Secretary whether to make the pilot program permanent. (e) Expansion.--Based on the recommendations included in the interim reports, the Secretary may expand the scope of the pilot program to include more than five locations if the Secretary determines access to childcare is improved and such expansion would likely benefit Department of Defense families. (f) Termination.--The pilot program shall terminate 10 years after the date on which the Secretary establishes the pilot program. (g) Eligible Civilian Child Care Center or Facility Defined.--In this section, the term ``eligible civilian child care center or facility'' has the meaning given the term ``eligible provider'' in section 1798(b) of title 10, United States Code. SEC. 4. DETERMINATION OF CAUSES OF POOR OR FAILING CONDITIONS AT CHILD DEVELOPMENT CENTERS OF DEPARTMENT OF DEFENSE AND COSTS TO IMPROVE SUCH CONDITIONS. (a) Determinations.-- (1) In general.--The Secretary of Defense shall determine-- (A) the root causes contributing to poor or failing facility conditions at child development centers of the Department of Defense; and (B) the total cost to improve the facility conditions of such centers to at least fair condition, as determined by the Secretary. (2) Report.--Not later than one year after the date of the enactment of this Act, the Secretary shall submit to Congress a report on the determinations of the Secretary under paragraph (1). (b) Comptroller General Review and Recommendations.--Not later than one year after the date on which the Secretary submits to Congress the report under subsection (a)(2) on the determinations of the Secretary under subsection (a)(1), the Comptroller General of the United States shall-- (1) review such determinations; and (2) submit to the Secretary and Congress recommendations on how to improve the facility conditions at child development centers of the Department. SEC. 5. TEMPORARY PROGRAM TO USE MINOR MILITARY CONSTRUCTION AUTHORITY FOR CONSTRUCTION OF CHILD DEVELOPMENT CENTERS. (a) Thresholds on Construction Authorized.--The Secretary of Defense shall establish a program to carry out minor military construction projects under section 2805 of title 10, United States Code, to construct child development centers. (b) Increased Maximum Amounts Applicable to Minor Construction Projects.--For the purpose of any military construction project carried out under the program under this section, the amounts specified in section 2805 of title 10, United States Code, are modified as follows: (1) The amount specified in subsection (a)(2) of such section is deemed to be $25,000,000. (2) The amount specified in subsection (c) of such section is deemed to be $25,000,000. (c) Notification and Approval Requirements.-- (1) In general.--The notification and approval requirements under section 2805(b) of title 10, United States Code, shall remain in effect for construction projects carried out under the program under this section. (2) Procedures.--The Secretary shall establish procedures for the review and approval of requests from the Secretaries of military departments to carry out construction projects under the program under this section. (d) Report Required.-- (1) In general.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report on the program under this section. (2) Elements.--The report required by paragraph (1) shall include a list and description of the construction projects carried out under the program under this section, including the location and cost of each project. (e) Expiration of Authority.--The authority to carry out a minor military construction project under the program under this section expires on the date that is 10 years after the date of the enactment of this Act. (f) Construction of Authority.--Nothing in this section may be construed to limit any other authority provided by law for a military construction project at a child development center. (g) Definitions.--In this section: (1) The term ``child development center'' has the meaning given that term in section 2871 of title 10, United States Code. (2) The term ``congressional defense committees'' has the meaning given that term in section 101 of title 10, United States Code. <all>

Military Child Care Expansion Act of 2021

To expand child care opportunities for members of the Armed Forces, and for other purposes.

Military Child Care Expansion Act of 2021

Rep. Speier, Jackie

D

CA

H.R.7245

Finance and Financial Sector

PCAOB Whistleblower Protection Act of 2022 This bill establishes a whistleblower protection program at the Public Company Accounting Oversight Board (PCAOB). Specifically, individuals reporting information to the PCAOB regarding securities law violations relating to audits (1) are protected from retaliation by an employer, and (2) could be eligible for a monetary reward. The reward program applies to individuals who voluntarily report original information that results in the PCAOB imposing civil penalties exceeding $250,000.

To establish a whistleblower program at the Public Company Accounting Oversight Board, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``PCAOB Whistleblower Protection Act of 2022''. SEC. 2. WHISTLEBLOWER INCENTIVES AND PROTECTION. The Sarbanes-Oxley Act of 2002 is amended-- (1) in section 105 (15 U.S.C. 7215) by adding at the end the following: ``(f) Whistleblower Incentives and Protection.-- ``(1) Definitions.--In this subsection the following definitions shall apply: ``(A) Covered proceeding.--The term `covered proceeding' means any disciplinary proceeding by the Board initiated after the date of the enactment of this subsection that results in monetary sanctions exceeding $250,000. ``(B) Original information.--The term `original information' means information that-- ``(i) is derived from the independent knowledge or analysis of a whistleblower; ``(ii) is not known to the Board from any other source, unless the whistleblower is the original source of the information; and ``(iii) is not exclusively derived from an allegation made in a disciplinary proceeding, in a judicial or administrative hearing, in a governmental report, hearing, audit, or investigation, or from the news media, unless the whistleblower is a source of the information. ``(C) Monetary sanctions.--The term `monetary sanctions' means any civil money penalties imposed by the Board under subsection (c)(4) as modified by the Commission under section 107(c)(3). ``(D) Whistleblower.-- ``(i) In general.--The term `whistleblower' means any individual who provides, or two or more individuals acting jointly who provide, information relating to a violation of this Act, the rules of the Board, the provisions of the securities laws relating to the preparation and issuance of audit reports and the obligations and liabilities of accountants with respect thereto, including the rules of the Board issued pursuant to this Act, or professional standards. ``(ii) Special rule.--Solely for the purposes of paragraph (7), the term `whistleblower' shall also include any individual who takes an action described in paragraph 7(A), or two or more individuals acting jointly who take an action described in paragraph 7(A). ``(2) Awards.-- ``(A) In general.--In any covered disciplinary proceeding, the Board shall pay an award or awards to one or more whistleblowers who voluntarily provided original information to the Board that resulted in the board imposing monetary sanctions, in an aggregate amount determined in the discretion of the Board but equal to-- ``(i) not less than 10 percent, in total, of what has been collected of the monetary sanctions imposed; and ``(ii) not more than 30 percent, in total, of what has been collected of the monetary sanctions. ``(B) Payment of awards.--Any amount paid under this subparagraph shall be paid from any funds generated from the collection of monetary sanctions. ``(3) Determination of amount of award; denial of award.-- ``(A) Determination of amount of award.-- ``(i) Discretion.--The determination of the amount of an award made under paragraph (2) shall be in the discretion of the Board. ``(ii) Criteria.--In determining the amount of an award made under subparagraph (A), the Board shall take into consideration-- ``(I) the significance of the information provided by the whistleblower to the success of the disciplinary proceeding; ``(II) the degree of assistance provided by the whistleblower and any legal representative of the whistleblower in a disciplinary proceeding; and ``(III) the programmatic interest of the Board in deterring violations by making awards to whistleblowers who provide information that lead to successful enforcement. ``(B) Denial of award.--No award under subparagraph (A) shall be made-- ``(i) to any whistleblower who is, or was at the time the whistleblower acquired the original information submitted to the Board, a member, officer, or employee of-- ``(I) an appropriate regulatory agency (as such term is defined in section 3 of the Securities Exchange Act of 1934); ``(II) the Department of Justice; ``(III) a self-regulatory organization (as such term is defined in section 34 of the Securities Exchange Act of 1934); ``(IV) the Public Company Accounting Oversight Board; or ``(V) a law enforcement organization; ``(ii) to any whistleblower who is convicted of a criminal violation related to the Board finding for which the whistleblower otherwise could receive an award under this section; ``(iii) to any whistleblower who gains the information through the performance of an audit of financial statements required under the securities laws and for whom such submission would be contrary to the requirements of section 10A of the Securities Exchange Act of 1934 (15 U.S.C. 78j-1); and ``(iv) to any whistleblower who fails to submit information to the Board in such form as the Board may, by rule, require. ``(4) Representation.-- ``(A) Permitted representation.--Any whistleblower who makes a claim for an award under paragraph (2) may be represented by counsel. ``(B) Required representation.-- ``(i) In general.--Any whistleblower who anonymously makes a claim for an award under paragraph (2) shall be represented by counsel if the whistleblower anonymously submits the information upon which the claim is based. ``(ii) Disclosure of identity.--Prior to the payment of an award, a whistleblower shall disclose the identity of the whistleblower and provide such other information as the Board may require, directly or through counsel, for the whistleblower. ``(5) No contract necessary.--No contract with the Board is necessary for any whistleblower to receive an award under paragraph (2), unless otherwise required by the Board by rule. ``(6) Appeals.--Any determination made under this subsection, including whether, to whom, or in what amount to make awards, shall be in the discretion of the Board. Any such determination, except the determination of the amount of an award if the award was made in accordance with this paragraph, may be appealed to the Commission not more than 30 days after the determination is issued by the Board. The Commission shall review the determination made by the Board in accordance with section 107(c). ``(7) Protection of whistleblowers.-- ``(A) Prohibition against retaliation.--No employer may discharge, demote, suspend, threaten, harass, directly or indirectly, or in any other manner discriminate against, a whistleblower in the terms and conditions of employment because of any lawful act done by the whistleblower-- ``(i) in providing information to the Board in accordance with this subsection; ``(ii) in initiating, testifying in, or assisting in any investigation or judicial or administrative action of the Board based upon or related to such information; ``(iii) in making disclosures that are required or protected under the Sarbanes-Oxley Act of 2002 (15 U.S.C. 7201 et seq.), the Securities Exchange Act of 1934 (15 U.S.C. 78a et seq.), including section 10A(m) of such Act (15 U.S.C. 78f(m)), section 1513(e) of title 18, United States Code, and any other law, rule, or regulation subject to the jurisdiction of the Securities Exchange Commission; or ``(iv) in providing information regarding any conduct that the whistleblower reasonably believes constitutes a potential violation of any law, rule, or regulation subject to the jurisdiction of the Board or the Commission (including disclosures that are required or protected under the Sarbanes-Oxley Act of 2002 or the Securities Exchange Act of 1934) to-- ``(I) a person with supervisory authority over the whistleblower at the whistleblower's employer, where such employer is an entity registered with or required to be registered with the Board, the Commission, a self- regulatory organization, or a State securities commission or office performing like functions; or ``(II) such other person working for the employer described under subclause (I) who has the authority to investigate, discover, or terminate misconduct. ``(B) Enforcement of prohibition against retaliation.-- ``(i) Cause of action.--An individual who alleges discharge or other discrimination in violation of subparagraph (A) may bring an action under this paragraph in the appropriate district court of the United States for the relief provided in subparagraph (C). ``(ii) Subpoenas.--A subpoena requiring the attendance of a witness at a trial or hearing conducted under this subsection may be served at any place in the United States. ``(iii) Statute of limitations.-- ``(I) In general.--An action under this paragraph may not be brought-- ``(aa) more than 6 years after the date on which the violation of subparagraph (A) occurred; or ``(bb) more than 3 years after the date when facts material to the right of action are known or reasonably should have been known by the employee alleging a violation of subparagraph (A). ``(II) Required action within 10 years.--Notwithstanding subclause (I), an action under this paragraph may not in any circumstance be brought more than 10 years after the date on which the violation occurs. ``(C) Relief.--Relief for an individual prevailing in an action brought under this paragraph shall include-- ``(i) reinstatement with the same seniority status that the individual would have had, but for the discrimination; ``(ii) two times the amount of back pay otherwise owed to the individual, with interest; and ``(iii) compensation for litigation costs, expert witness fees, and reasonable attorneys' fees. ``(D) Confidentiality.-- ``(i) In general.--Except as provided in clause (ii), the Board and any officer or employee of the Board may not disclose any information, including information provided by a whistleblower to the Board, which could reasonably be expected to reveal the identity of a whistleblower unless and until required to be disclosed to a defendant or respondent in connection with a public proceeding instituted by the Commission or any entity described in clause (iii). ``(ii) Rule of construction.--Nothing in this section is intended to limit, or shall be construed to limit, the ability of the Attorney General to present such evidence to a grand jury or to share such evidence with potential witnesses or defendants in the course of an ongoing criminal investigation. ``(iii) Availability to government agencies.-- ``(I) In general.--Without the loss of its status as confidential in the hands of the Board, all information referred to in clause (i) may, in the discretion of the Board, when determined by the Board to be necessary to accomplish the purposes of this Act and to protect investors, be made available to-- ``(aa) the Attorney General of the United States; ``(bb) an appropriate regulatory authority; ``(cc) a self-regulatory organization; ``(dd) a State attorney general in connection with any criminal investigation; ``(ee) any appropriate State regulatory authority; ``(ff) the Commission; ``(gg) a foreign securities authority; and ``(hh) a foreign law enforcement authority. ``(II) Confidentiality.-- ``(aa) In general.--Each of the entities described in items (aa) through (ff) of subclause (I) shall maintain such information as confidential in accordance with the requirements established under clause (i). ``(bb) Foreign authorities.--Each of the entities described in subclauses (gg) and (hh) of subclause (I) shall maintain such information in accordance with such assurances of confidentiality as the Board determines appropriate. ``(E) Rights retained.--Nothing in this subsection shall be deemed to diminish the rights, privileges, or remedies of any whistleblower under any Federal or State law, or under any collective bargaining agreement. ``(8) Provision of false information.--A whistleblower shall not be entitled to an award under this section if the whistleblower-- ``(A) knowingly and willfully makes any false, fictitious, or fraudulent statement or representation; or ``(B) uses any false writing or document knowing the writing or document contains any false, fictitious, or fraudulent statement or entry. ``(9) Rulemaking authority.--The Board shall have the authority to issue such rules and standards as may be necessary or appropriate to implement the provisions of this section consistent with the purposes of this section. ``(10) Coordination.--To the maximum extent practicable, the Board shall coordinate with the Office of the Whistleblower of the Securities Exchange Commission in carrying out this subsection.''; and (2) in section 109(c)(2) (15 U.S.C. 7219(c)(2)), by striking ``all funds collected'' and inserting ``at least 50 percent of funds collected''. SEC. 3. DETERMINATION OF BUDGETARY EFFECTS. The budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go Act of 2010, shall be determined by reference to the latest statement titled ``Budgetary Effects of PAYGO Legislation'' for this Act, submitted for printing in the Congressional Record by the Chairman of the House Budget Committee, provided that such statement has been submitted prior to the vote on passage. <all>

PCAOB Whistleblower Protection Act of 2022

To establish a whistleblower program at the Public Company Accounting Oversight Board, and for other purposes.

PCAOB Whistleblower Protection Act of 2022

Rep. Garcia, Sylvia R.

D

TX

S.3429

Public Lands and Natural Resources

Alaska Salmon Research Task Force Act This bill requires the National Oceanic and Atmospheric Administration to convene an Alaska Salmon Research Task Force. The task force must review and report on research about the Pacific salmon in Alaska, identify applied research needed to better understand salmon migration and declining salmon returns in some regions of Alaska, and support sustainable management of salmon.

To establish an Alaska Salmon Research Task Force. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Alaska Salmon Research Task Force Act''. SEC. 2. PURPOSES. The purposes of this Act are-- (1) to ensure that Pacific salmon trends in Alaska regarding productivity and abundance are characterized and that research needs are identified; (2) to prioritize scientific research needs for Pacific salmon in Alaska; (3) to address the increased variability or decline in Pacific salmon returns in Alaska by creating a coordinated salmon research strategy; and (4) to support collaboration and coordination for Pacific salmon conservation efforts in Alaska. SEC. 3. SENSE OF CONGRESS. It is the sense of Congress that-- (1) salmon are an essential part of Alaska's fisheries, including subsistence, commercial, and recreational uses, and there is an urgent need to better understand the freshwater and marine biology and ecology of salmon, a migratory species that crosses many borders, and for a coordinated salmon research strategy to address salmon returns that are in decline or experiencing increased variability; (2) salmon are an essential element for the well-being and health of Alaskans; and (3) there is a unique relationship between people of Indigenous heritage and the salmon they rely on for subsistence and traditional and cultural practices. SEC. 4. ALASKA SALMON RESEARCH TASK FORCE. (a) In General.--Not later than 90 days after the date of enactment of this Act, the Secretary of Commerce, in consultation with the Governor of Alaska, shall convene an Alaska Salmon Research Task Force (referred to in this section as the ``Research Task Force'') to-- (1) review existing Pacific salmon research in Alaska; (2) identify applied research needed to better understand the increased variability and declining salmon returns in some regions of Alaska; and (3) support sustainable salmon runs in Alaska. (b) Composition and Appointment.-- (1) In general.--The Research Task Force shall be composed of not fewer than 13 and not more than 19 members, who shall be appointed under paragraphs (2) and (3). (2) Appointment by secretary.--The Secretary of Commerce shall appoint members to the Research Task Force as follows: (A) One representative from each of the following: (i) The National Oceanic and Atmospheric Administration who is knowledgeable about salmon and salmon research efforts in Alaska. (ii) The North Pacific Fishery Management Council. (iii) The United States section of the Pacific Salmon Commission. (B) Not less than 2 and not more than 5 representatives from each of the following categories, at least 2 of whom shall represent Alaska Natives who possess personal knowledge of, and direct experience with, subsistence uses in rural Alaska, to be appointed with due regard to differences in regional perspectives and experience: (i) Residents of Alaska who possess personal knowledge of, and direct experience with, subsistence uses in rural Alaska. (ii) Alaska fishing industry representatives throughout the salmon supply chain, including from-- (I) directed commercial fishing; (II) recreational fishing; (III) charter fishing; (IV) seafood processors; (V) salmon prohibited species catch (bycatch) users; or (VI) hatcheries. (C) 5 representatives who are academic experts in salmon biology, salmon ecology (marine and freshwater), salmon habitat restoration and conservation, or comprehensive marine research planning in the North Pacific. (3) Appointment by the governor of alaska.--The Governor of Alaska shall appoint to the Research Task Force one representative from the State of Alaska who is knowledgeable about the State of Alaska's salmon research efforts. (c) Duties.-- (1) Review.--The Research Task Force shall-- (A) conduct a review of Pacific salmon science relevant to understanding salmon returns in Alaska, including an examination of-- (i) traditional ecological knowledge of salmon populations and their ecosystems; (ii) marine carrying capacity and density dependent constraints, including an examination of interactions with other salmon species, and with forage base in marine ecosystems; (iii) life-cycle and stage-specific mortality; (iv) genetic sampling and categorization of population structure within salmon species in Alaska; (v) methods for predicting run-timing and stock sizes; (vi) oceanographic models that provide insight into stock distribution, growth, and survival; (vii) freshwater, estuarine, and marine processes that affect survival of smolts; (viii) climate effects on freshwater and marine habitats; (ix) predator/prey interactions between salmon and marine mammals or other predators; and (x) salmon productivity trends in other regions, both domestic and international, that put Alaska salmon populations in a broader geographic context; and (B) identify scientific research gaps in understanding the Pacific salmon life cycle in Alaska. (2) Report.--Not later than 1 year after the date the Research Task Force is convened, the Research Task Force shall submit to the Secretary of Commerce, the Committee on Commerce, Science, and Transportation of the Senate, the Committee on Environment and Public Works of the Senate, the Subcommittee on Commerce, Justice, Science, and Related Agencies of the Committee on Appropriations of the Senate, the Committee on Natural Resources of the House of Representatives, the Subcommittee on Commerce, Justice, Science, and Related Agencies of the Committee on Appropriations of the House of Representatives, and the Alaska State Legislature, and make publicly available, a report-- (A) describing the review conducted under paragraph (1); and (B) that includes-- (i) recommendations on filling knowledge gaps that warrant further scientific inquiry; and (ii) findings from the reports of work groups submitted under subsection (d)(2)(C). (d) Administrative Matters.-- (1) Chairperson and vice chairperson.--The Research Task Force shall select a Chair and Vice Chair by vote from among the members of the Research Task Force. (2) Work groups.-- (A) In general.--The Research Task Force-- (i) not later than 30 days after the date of the establishment of the Research Task Force, shall establish a work group focused specifically on the research needs associated with salmon returns in the AYK (Arctic-Yukon- Kuskokwim) regions of Western Alaska; and (ii) may establish additional regionally or stock focused work groups within the Research Task Force, as members determine appropriate. (B) Composition.--Each work group established under this subsection shall-- (i) consist of not less than 5 individuals who-- (I) are knowledgeable about the stock or region under consideration; and (II) need not be members of the Research Task Force; and (ii) be balanced in terms of stakeholder representation, including commercial, recreational, and subsistence fisheries, as well as experts in statistical, biological, economic, social, or other scientific information as relevant to the work group's focus. (C) Reports.--Not later than 9 months after the date the Research Task Force is convened, each work group established under this subsection shall submit a report with the work group's findings to the Research Task Force. (3) Compensation.--Each member of the Research Task Force shall serve without compensation. (4) Administrative support.--The Secretary of Commerce shall provide such administrative support as is necessary for the Research Task Force and its work groups to carry out their duties, which may include support for virtual or in-person participation and travel expenses. (e) Federal Advisory Committee Act.--The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Research Task Force. SEC. 5. DEFINITION OF PACIFIC SALMON. In this Act, the term ``Pacific salmon'' means salmon that originates in Alaskan waters. Passed the Senate December 14, 2022. Attest: Secretary. 117th CONGRESS 2d Session S. 3429 _______________________________________________________________________

Alaska Salmon Research Task Force Act

A bill to establish an Alaska Salmon Research Task Force.

Alaska Salmon Research Task Force Act Alaska Salmon Research Task Force Act Alaska Salmon Research Task Force Act

Sen. Sullivan, Dan

R

AK

H.R.8998

Finance and Financial Sector

Unlocking Capital for Small Businesses Act of 2022 This bill revises the regulatory treatment of private-placement brokers (brokers who receive transaction-based compensation for the sale of securities to preselected individuals or institutions) and finders (private-placement brokers who do not exceed a specified amount of compensation, transaction value, or number of transactions in a year). Specifically, the bill (1) requires the Securities and Exchange Commission to establish registration requirements for private-placement brokers that are no more stringent than those imposed on crowdfunding portals, (2) allows for membership in any national securities association for private-placement brokers, (3) exempts private-placement brokers from broker regulations, and (4) otherwise modifies provisions related to private-placement brokers and finders.

To amend the Securities Exchange Act of 1934 to create a safe harbor for finders and private placement brokers, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Unlocking Capital for Small Businesses Act of 2022''. SEC. 2. SAFE HARBORS FOR PRIVATE PLACEMENT BROKERS AND FINDERS. (a) In General.--Section 15 of the Securities Exchange Act of 1934 (15 U.S.C. 78o) is amended by adding at the end the following: ``(p) Private Placement Broker Safe Harbor.-- ``(1) Registration requirements.--Not later than 180 days after the date of the enactment of this subsection the Commission shall promulgate regulations with respect to private placement brokers that are no more stringent than those imposed on funding portals. ``(2) National securities associations.--Not later than 180 days after the date of the enactment of this subsection the Commission shall promulgate regulations that require the rules of any national securities association to allow a private placement broker to become a member of such national securities association subject to reduced membership requirements consistent with this subsection. ``(3) Disclosures required.--Before effecting a transaction, a private placement broker shall disclose clearly and conspicuously, in writing, to all parties to the transaction as a result of the broker's activities-- ``(A) that the broker is acting as a private placement broker; ``(B) the amount of any payment or anticipated payment for services rendered as a private placement broker in connection with such transaction; ``(C) the person to whom any such payment is made; ``(D) any beneficial interest in the issuer, direct or indirect, of the private placement broker, of a member of the immediate family of the private placement broker, of an associated person of the private placement broker, or of a member of the immediate family of such associated person. ``(4) Private placement broker defined.--In this subsection, the term `private placement broker' means a person that-- ``(A) receives transaction-based compensation-- ``(i) for effecting a transaction by-- ``(I) introducing an issuer of securities and a buyer of such securities in connection with the sale of a business effected as the sale of securities; or ``(II) introducing an issuer of securities and a buyer of such securities in connection with the placement of securities in transactions that are exempt from registration requirements under the Securities Act of 1933; and ``(ii) that is not with respect to-- ``(I) a class of publicly traded securities; ``(II) the securities of an investment company (as defined in section 3 of the Investment Company Act of 1940); or ``(III) a variable or equity- indexed annuity or other variable or equity-indexed life insurance product; ``(B) with respect to a transaction for which such transaction-based compensation is received-- ``(i) does not handle or take possession of the funds or securities; and ``(ii) does not engage in an activity that requires registration as an investment adviser under State or Federal law; and ``(C) is not a finder as defined under subsection (q). ``(q) Finder Safe Harbor.-- ``(1) Nonregistration.--A finder is exempt from the registration requirements of this Act. ``(2) National securities associations.--A finder shall not be required to become a member of any national securities association. ``(3) Finder defined.--In this subsection, the term `finder' means a person described in paragraphs (A) and (B) of subsection (p)(4) that-- ``(A) receives transaction-based compensation of equal to or less than $500,000 in any calendar year; ``(B) receives transaction-based compensation in connection with transactions that result in a single issuer selling securities valued at equal to or less than $15 million in any calendar year; ``(C) receives transaction-based compensation in connection with transactions that result in any combination of issuers selling securities valued at equal to or less than $30 million in any calendar year; or ``(D) receives transaction-based compensation in connection with fewer than 16 transactions that are not part of the same offering or are otherwise unrelated in any calendar year.''. (b) Validity of Contracts With Registered Private Placement Brokers and Finders.--Section 29 of the Securities Exchange Act (15 U.S.C. 78cc) is amended by adding at the end the following: ``(d) Subsection (b) shall not apply to a contract made for a transaction if-- ``(1) the transaction is one in which the issuer engaged the services of a broker or dealer that is not registered under this Act with respect to such transaction; ``(2) such issuer received a self-certification from such broker or dealer certifying that such broker or dealer is a registered private placement broker under section 15(p) or a finder under section 15(q); and ``(3) the issuer either did not know that such self- certification was false or did not have a reasonable basis to believe that such self-certification was false.''. (c) Removal of Private Placement Brokers From Definitions of Broker.-- (1) Records and reports on monetary instruments transactions.--Section 5312 of title 31, United States Code, is amended in subsection (a)(2)(G) by inserting ``with the exception of a private placement broker as defined in section 15(p)(4) of the Securities Exchange Act of 1934 (15 U.S.C. 78o(p)(4))'' before the semicolon at the end. (2) Securities exchange act of 1934.--Section 3(a)(4) of the Securities Exchange Act of 1934 (15 U.S.C. 78c(a)(4)) is amended by adding at the end the following: ``(G) Private placement brokers.--A private placement broker as defined in section 15(p)(4) is not a broker for the purposes of this Act.''. SEC. 3. LIMITATIONS ON STATE LAW. Section 15(i) of the Securities Exchange Act of 1934 (15 U.S.C. 78o(i)) is amended-- (1) by redesignating paragraphs (3) and (4) as paragraphs (4) and (5), respectively; (2) by inserting after paragraph (2) the following: ``(3) Private placement brokers and finders.-- ``(A) In general.--No State or political subdivision thereof may enforce any law, rule, regulation, or other administrative action that imposes greater registration, audit, financial recordkeeping, or reporting requirements on a private placement broker or finder than those that are required under subsections (p) and (q), respectively. ``(B) Definition of state.--For purposes of this paragraph, the term `State' includes the District of Columbia and each territory of the United States.''; and (3) in paragraph (4), as so redesignated, by striking ``paragraph (3)'' and inserting ``paragraph (5)''. <all>

Unlocking Capital for Small Businesses Act of 2022

To amend the Securities Exchange Act of 1934 to create a safe harbor for finders and private placement brokers, and for other purposes.

Unlocking Capital for Small Businesses Act of 2022

Rep. Budd, Ted

R

NC

S.3650

Government Operations and Politics

Periodically Listing Updates to Management Act of 2022 or the PLUM Act of 2022 This bill replaces the congressional publication entitled United States Government Policy and Supporting Positions, commonly known as the PLUM Book, with an online public directory. The PLUM Book contains personnel information for federal civil service leadership and support positions in the legislative and executive branches that may be subject to noncompetitive appointment, including heads of agencies and policy executives. The book is used to identify presidentially appointed positions and is published every four years (after each presidential election) by certain congressional committees. The bill requires the Office of Personnel Management (OPM) to publish the information contained in the PLUM Book on a public website in a format that is easily searchable and that otherwise meets certain data standards. Agencies must upload updated information to the website on an annual basis; OPM must verify the accuracy of the information within 90 days of establishing the website in coordination with the White House Office of Presidential Personnel. The bill terminates publication of the PLUM Book in its current form on January 1, 2026.

To require the Director of the Office of Personnel Management to establish and maintain a public directory of the individuals occupying Government policy and supporting positions, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, <DELETED>SECTION 1. SHORT TITLE.</DELETED> <DELETED> This Act may be cited as the ``Periodically Listing Updates to Management Act of 2022'' or the ``PLUM Act of 2022''.</DELETED> <DELETED>SEC. 2. ESTABLISHMENT OF PUBLIC WEBSITE ON GOVERNMENT POLICY AND SUPPORTING POSITIONS.</DELETED> <DELETED> (a) Establishment.--</DELETED> <DELETED> (1) In general.--Subchapter I of chapter 33 of title 5, United States Code, is amended by adding at the end the following:</DELETED> <DELETED>``Sec. 3330f. Government policy and supporting position data</DELETED> <DELETED> ``(a) Definitions.--In this section:</DELETED> <DELETED> ``(1) Agency.--The term `agency' means--</DELETED> <DELETED> ``(A) any Executive agency, the United States Postal Service, and the Postal Regulatory Commission;</DELETED> <DELETED> ``(B) the Architect of the Capitol, the Government Accountability Office, the Government Publishing Office, and the Library of Congress; and</DELETED> <DELETED> ``(C) the Executive Office of the President and any component within that Office (including any successor component), including-- </DELETED> <DELETED> ``(i) the Council of Economic Advisors;</DELETED> <DELETED> ``(ii) the Council on Environmental Quality;</DELETED> <DELETED> ``(iii) the National Security Council;</DELETED> <DELETED> ``(iv) the Office of the Vice President;</DELETED> <DELETED> ``(v) the Office of Policy Development;</DELETED> <DELETED> ``(vi) the Office of Administration;</DELETED> <DELETED> ``(vii) the Office of Management and Budget;</DELETED> <DELETED> ``(viii) the Office of the United States Trade Representative;</DELETED> <DELETED> ``(ix) the Office of Science and Technology Policy;</DELETED> <DELETED> ``(x) the Office of National Drug Control Policy; and</DELETED> <DELETED> ``(xi) the White House Office, including the White House Office of Presidential Personnel.</DELETED> <DELETED> ``(2) Appointee.--The term `appointee'--</DELETED> <DELETED> ``(A) means an individual serving in a policy and supporting position; and</DELETED> <DELETED> ``(B) includes an individual serving in such a position temporarily in an acting capacity in accordance with--</DELETED> <DELETED> ``(i) sections 3345 through 3349d (commonly referred to as the `Federal Vacancies Reform Act of 1998');</DELETED> <DELETED> ``(ii) any other statutory provision described in section 3347(a)(1); or</DELETED> <DELETED> ``(iii) a Presidential appointment described in section 3347(a)(2).</DELETED> <DELETED> ``(3) Covered website.--The term `covered website' means the website established and maintained by the Director under subsection (b).</DELETED> <DELETED> ``(4) Director.--The term `Director' means the Director of the Office of Personnel Management.</DELETED> <DELETED> ``(5) Policy and supporting position.--The term `policy and supporting position' means--</DELETED> <DELETED> ``(A) a position that requires appointment by the President, by and with the advice and consent of the Senate;</DELETED> <DELETED> ``(B) a position that requires or permits appointment by the President or Vice President, without the advice and consent of the Senate;</DELETED> <DELETED> ``(C) a position occupied by a limited term appointee, limited emergency appointee, or noncareer appointee in the Senior Executive Service, as defined under paragraphs (5), (6), and (7), respectively, of section 3132(a);</DELETED> <DELETED> ``(D) a position of a confidential or policy-determining character under schedule C of subpart C of part 213 of title 5, Code of Federal Regulations, or any successor regulation;</DELETED> <DELETED> ``(E) a position in the Senior Foreign Service;</DELETED> <DELETED> ``(F) any career position at an agency that, but for this section and section 2(b)(3) of the PLUM Act of 2022, would be included in the publication entitled `United States Government Policy and Supporting Positions', commonly referred to as the `Plum Book'; and</DELETED> <DELETED> ``(G) any other position classified at or above level GS-14 of the General Schedule (or equivalent) that is excepted from the competitive service by law because of the confidential or policy- determining nature of the position duties.</DELETED> <DELETED> ``(b) Establishment of Website.--Not later than 1 year after the date of enactment of the PLUM Act of 2022, the Director shall establish, and thereafter the Director shall maintain, a public website containing the following information for the President in office on the date of establishment and for each subsequent President:</DELETED> <DELETED> ``(1) Each policy and supporting position in the Federal Government, including any such position that is vacant.</DELETED> <DELETED> ``(2) The name of each individual who--</DELETED> <DELETED> ``(A) is serving in a position described in paragraph (1); or</DELETED> <DELETED> ``(B) previously served in a position described in such paragraph under the applicable President.</DELETED> <DELETED> ``(3) Information on--</DELETED> <DELETED> ``(A) any Government-wide or agency-wide limitation on the total number of positions in the Senior Executive Service under section 3133 or 3132 or the total number of positions under schedule C of subpart C of part 213 of title 5, Code of Federal Regulations; and</DELETED> <DELETED> ``(B) the total number of individuals occupying such positions.</DELETED> <DELETED> ``(c) Contents.--With respect to any policy and supporting position listed on the covered website, the Director shall include-- </DELETED> <DELETED> ``(1) the agency, and agency component, (including the agency and bureau code used by the Office of Management and Budget) in which the position is located;</DELETED> <DELETED> ``(2) the name of the position;</DELETED> <DELETED> ``(3) the name of the individual occupying the position (if any);</DELETED> <DELETED> ``(4) the geographic location of the position, including the city, State or province, and country;</DELETED> <DELETED> ``(5) the pay system under which the position is paid;</DELETED> <DELETED> ``(6) the level, grade, or rate of pay;</DELETED> <DELETED> ``(7) the term or duration of the appointment (if any);</DELETED> <DELETED> ``(8) the expiration date, in the case of a time- limited appointment;</DELETED> <DELETED> ``(9) a unique identifier for each appointee to enable tracking the appointee across positions;</DELETED> <DELETED> ``(10) whether the position is vacant; and</DELETED> <DELETED> ``(11) for any position that is vacant--</DELETED> <DELETED> ``(A) for a position for which appointment is required to be made by the President by and with the advice and consent of the Senate, the name of the acting official; and</DELETED> <DELETED> ``(B) for other positions, the name of the official performing the duties of the vacant position.</DELETED> <DELETED> ``(d) Current Data.--For each agency, the Director shall indicate in the information on the covered website the date that the agency last updated the data.</DELETED> <DELETED> ``(e) Format.--The Director shall make the data on the covered website available to the public at no cost over the internet in a searchable, sortable, downloadable, and machine-readable format so that the data qualifies as an open Government data asset, as defined in section 3502 of title 44.</DELETED> <DELETED> ``(f) Authority of Director.--</DELETED> <DELETED> ``(1) Information required.--Each agency shall provide to the Director any information that the Director determines necessary to establish and maintain the covered website, including the information uploaded under paragraph (4).</DELETED> <DELETED> ``(2) Requirements for agencies.--Not later than 1 year after the date of enactment of the PLUM Act of 2022, the Director shall issue instructions to agencies with specific requirements for the provision or uploading of information required under paragraph (1), including--</DELETED> <DELETED> ``(A) specific data standards that an agency shall follow to ensure that the information is complete, accurate, and reliable;</DELETED> <DELETED> ``(B) data quality assurance methods; and</DELETED> <DELETED> ``(C) the timeframe during which an agency shall provide or upload the information, including the timeframe described under paragraph (4).</DELETED> <DELETED> ``(3) Public accountability.--The Director shall identify on the covered website any agency that has failed to provide--</DELETED> <DELETED> ``(A) the information required by the Director;</DELETED> <DELETED> ``(B) complete, accurate, and reliable information; or</DELETED> <DELETED> ``(C) the information during the timeframe specified by the Director.</DELETED> <DELETED> ``(4) Monthly updates.--</DELETED> <DELETED> ``(A) In general.--Not later than 90 days after the date on which the covered website is established, and not less than once during each 30-day period thereafter, the head of each agency shall upload to the covered website updated information (if any) on--</DELETED> <DELETED> ``(i) the policy and supporting positions in the agency;</DELETED> <DELETED> ``(ii) the appointees occupying such positions in the agency; and</DELETED> <DELETED> ``(iii) the former appointees who served in such positions in the agency under the President then in office.</DELETED> <DELETED> ``(B) Supplement not supplant.-- Information provided under subparagraph (A) shall supplement, not supplant, previously provided information under that subparagraph.</DELETED> <DELETED> ``(5) OPM help desk.--The Director shall establish a central help desk, to be operated by not more than 1 full- time employee, to assist any agency with implementing this section.</DELETED> <DELETED> ``(6) Coordination.--The Director may designate 1 or more agencies to participate in the development, establishment, operation, and support of the covered website. With respect to any such designation, the Director may specify the scope of the responsibilities of the agency so designated.</DELETED> <DELETED> ``(7) Data standards and timing.--The Director shall make available on the covered website information regarding data collection standards, quality assurance methods, and time frames for reporting data to the Director.</DELETED> <DELETED> ``(8) Regulations.--The Director may prescribe regulations necessary for the administration of this section.</DELETED> <DELETED> ``(g) Responsibility of Agencies.--</DELETED> <DELETED> ``(1) Provision of information.--Each agency shall comply with the instructions and guidance issued by the Director to carry out this section, and, upon request of the Director, shall provide appropriate assistance to the Director to ensure the successful operation of the covered website in the manner and within the timeframe specified by the Director under subsection (f)(2).</DELETED> <DELETED> ``(2) Ensuring completeness, accuracy, and reliability.--With respect to any submission of information described in paragraph (1), the head of an agency shall include--</DELETED> <DELETED> ``(A) an explanation of how the agency ensured the information is complete, accurate, and reliable; and</DELETED> <DELETED> ``(B) a certification that the information is complete, accurate, and reliable.</DELETED> <DELETED> ``(h) Information Verification.--</DELETED> <DELETED> ``(1) Semiannual confirmation.--</DELETED> <DELETED> ``(A) In general.--Not less frequently than semiannually, the Director, in coordination with the White House Office of Presidential Personnel, shall confirm that the information on the covered website is complete, accurate, reliable, and up-to-date.</DELETED> <DELETED> ``(B) Certification.--On the date on which the Director makes a confirmation under subparagraph (A), the Director shall publish on the covered website a certification that the confirmation has been made.</DELETED> <DELETED> ``(2) Authority of director.--In carrying out paragraph (1), the Director may--</DELETED> <DELETED> ``(A) request additional information from an agency; and</DELETED> <DELETED> ``(B) use any additional information provided to the Director or the White House Office of Presidential Personnel for the purposes of verification.</DELETED> <DELETED> ``(3) Public comment.--The Director shall establish a process under which members of the public may provide feedback regarding the accuracy of the information on the covered website.</DELETED> <DELETED> ``(i) Data Archiving.--</DELETED> <DELETED> ``(1) In general.--As soon as practicable after a transitional inauguration day (as defined in section 3349a), the Director, in consultation with the Archivist of the United States, shall archive the data that was compiled on the covered website for the preceding presidential administration.</DELETED> <DELETED> ``(2) Public availability.--The Director shall make the data described in paragraph (1) publicly available over the internet--</DELETED> <DELETED> ``(A) on, or through a link on, the covered website;</DELETED> <DELETED> ``(B) at no cost; and</DELETED> <DELETED> ``(C) in a searchable, sortable, downloadable, and machine-readable format.</DELETED> <DELETED> ``(j) Reports.--</DELETED> <DELETED> ``(1) In general.--Not later than 1 year after the covered website is established, and every year thereafter, the Director, in coordination with the White House Office of Presidential Personnel, shall publish a report on the covered website that--</DELETED> <DELETED> ``(A) contains summary-level information on the demographics of each appointee; and</DELETED> <DELETED> ``(B) provide the information in a structured data format that--</DELETED> <DELETED> ``(i) is searchable, sortable, and downloadable;</DELETED> <DELETED> ``(ii) makes use of common identifiers wherever possible; and</DELETED> <DELETED> ``(iii) contains current and historical data regarding the information.</DELETED> <DELETED> ``(2) Contents.--</DELETED> <DELETED> ``(A) In general.--Each report published under paragraph (1) shall--</DELETED> <DELETED> ``(i) include self-identified data with respect to each type of appointee on race, ethnicity, Tribal affiliation, gender, disability, sexual orientation, veteran status, and whether the appointee is over the age of 40; and</DELETED> <DELETED> ``(ii) allow for users of the covered website to view the type of appointee by agency or component, along with the data described in clause (i), alone and in combination, to the greatest level detail possible without allowing the identification of individual appointees.</DELETED> <DELETED> ``(B) Option to not specify.--When each category of data described in subparagraph (A)(i) is collected, each appointee shall be allowed an option to not specify with respect to any such category.</DELETED> <DELETED> ``(C) Consultation.--The Director shall consult with the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Oversight and Reform of the House of Representatives regarding reports published under this subsection and the information in the reports to determine whether the intent of this section is being fulfilled and if additional information or other changes are needed for the reports.</DELETED> <DELETED> ``(3) Exclusion of career positions.--For purposes of applying the term `appointee' in this subsection, that term does not include any individual appointed to a position described in subsection (a)(5)(F).''.</DELETED> <DELETED> (2) Clerical amendment.--The table of sections for subchapter I of chapter 33 of title 5, United States Code, is amended by adding at the end the following:</DELETED> <DELETED>``3330f. Government policy and supporting position data.''. <DELETED> (b) Other Matters.--</DELETED> <DELETED> (1) Definitions.--In this subsection, the terms ``agency'', ``covered website'', ``Director'', and ``policy and supporting position'' have the meanings given those terms in section 3330f of title 5, United States Code, as added by subsection (a).</DELETED> <DELETED> (2) GAO review and report.--Not later than 1 year after the date on which the Director establishes the covered website, the Comptroller General of the United States shall conduct a review of, and issue a briefing or report on, the implementation of this Act and the amendments made by this Act, which shall include--</DELETED> <DELETED> (A) the quality of data required to be collected and whether the data is complete, accurate, timely, and reliable;</DELETED> <DELETED> (B) any challenges experienced by agencies in implementing this Act and the amendments made by this Act; and</DELETED> <DELETED> (C) any suggestions or modifications to enhance compliance with this Act and the amendments made by this Act, including best practices for agencies to follow.</DELETED> <DELETED> (3) Sunset of plum book.--Beginning on January 1, 2024--</DELETED> <DELETED> (A) the covered website shall serve as the public directory for policy and supporting positions in the Government; and</DELETED> <DELETED> (B) the publication entitled ``United States Government Policy and Supporting Positions'', commonly referred to as the ``Plum Book'', shall no longer be issued or published.</DELETED> <DELETED> (4) Funding.--</DELETED> <DELETED> (A) In general.--No additional amounts are authorized to be appropriated to carry out this Act or the amendments made by this Act.</DELETED> <DELETED> (B) Other funding.--The Director shall carry out this Act and the amendments made by this Act using amounts otherwise available to the Director.</DELETED> SECTION 1. SHORT TITLE. This Act may be cited as the ``Periodically Listing Updates to Management Act of 2022'' or the ``PLUM Act of 2022''. SEC. 2. ESTABLISHMENT OF PUBLIC WEBSITE ON GOVERNMENT POLICY AND SUPPORTING POSITIONS. (a) Establishment.-- (1) In general.--Subchapter I of chapter 33 of title 5, United States Code, is amended by adding at the end the following: ``Sec. 3330f. Government policy and supporting position data ``(a) Definitions.--In this section: ``(1) Agency.--The term `agency' means-- ``(A) any Executive agency, the United States Postal Service, and the Postal Regulatory Commission; ``(B) the Architect of the Capitol, the Government Accountability Office, the Government Publishing Office, and the Library of Congress; and ``(C) the Executive Office of the President and any component within that Office (including any successor component), including-- ``(i) the Council of Economic Advisers; ``(ii) the Council on Environmental Quality; ``(iii) the National Security Council; ``(iv) the Office of the Vice President; ``(v) the Office of Policy Development; ``(vi) the Office of Administration; ``(vii) the Office of Management and Budget; ``(viii) the Office of the United States Trade Representative; ``(ix) the Office of Science and Technology Policy; ``(x) the Office of National Drug Control Policy; and ``(xi) the White House Office, including the White House Office of Presidential Personnel. ``(2) Appointee.--The term `appointee'-- ``(A) means an individual serving in a policy and supporting position; and ``(B) includes an individual serving in such a position temporarily in an acting capacity in accordance with-- ``(i) sections 3345 through 3349d (commonly known as the `Federal Vacancies Reform Act of 1998'); ``(ii) any other statutory provision described in section 3347(a)(1); or ``(iii) a Presidential appointment described in section 3347(a)(2). ``(3) Covered website.--The term `covered website' means the website established and maintained by the Director under subsection (b). ``(4) Director.--The term `Director' means the Director of the Office of Personnel Management. ``(5) Policy and supporting position.--The term `policy and supporting position'-- ``(A) means any position at an agency, as determined by the Director, that, but for this section and section 2(b)(3) of the PLUM Act of 2022, would be included in the publication entitled `United States Government Policy and Supporting Positions' (commonly referred to as the `Plum Book'); and ``(B) may include-- ``(i) a position on any level of the Executive Schedule under subchapter II of chapter 53, or another position with an equivalent rate of pay; ``(ii) a general position (as defined in section 3132(a)(9)) in the Senior Executive service; ``(iii) a position in the Senior Foreign Service; ``(iv) a position of a confidential or policy-determining character under schedule C of subpart C of part 213 of title 5, Code of Federal Regulations, or any successor regulation; and ``(v) any other position classified at or above level GS-14 of the General Schedule (or equivalent) that is excepted from the competitive service by law because of the confidential or policy-determining nature of the position duties. ``(b) Establishment of Website.--Not later than 1 year after the date of enactment of the PLUM Act of 2022, the Director shall establish, and thereafter the Director shall maintain, a public website containing the following information for the President in office on the date of establishment and for each subsequent President: ``(1) Each policy and supporting position in the Federal Government, including any such position that is vacant. ``(2) The name of each individual who-- ``(A) is serving in a position described in paragraph (1); or ``(B) previously served in a position described in such paragraph under the applicable President. ``(3) Information on-- ``(A) any Government-wide or agency-wide limitation on the total number of positions in the Senior Executive Service under section 3133 or 3134 or the total number of positions under schedule C of subpart C of part 213 of title 5, Code of Federal Regulations; and ``(B) the total number of individuals occupying such positions. ``(c) Contents.--With respect to any policy and supporting position listed on the covered website, the Director shall include-- ``(1) the agency, and agency component, (including the agency and bureau code used by the Office of Management and Budget) in which the position is located; ``(2) the name of the position; ``(3) the name of the individual occupying the position (if any); ``(4) the geographic location of the position, including the city, State or province, and country; ``(5) the pay system under which the position is paid; ``(6) the level, grade, or rate of pay; ``(7) the term or duration of the appointment (if any); ``(8) the expiration date, in the case of a time-limited appointment; ``(9) a unique identifier for each appointee; ``(10) whether the position is vacant; and ``(11) for any position that is vacant-- ``(A) for a position for which appointment is required to be made by the President, by and with the advice and consent of the Senate, the name of the acting official; and ``(B) for other positions, the name of the official performing the duties of the vacant position. ``(d) Current Data.--For each agency, the Director shall indicate in the information on the covered website the date that the agency last updated the data. ``(e) Format.--The Director shall make the data on the covered website available to the public at no cost over the internet in a searchable, sortable, downloadable, and machine-readable format so that the data qualifies as an open Government data asset, as defined in section 3502 of title 44. ``(f) Authority of Director.-- ``(1) Information required.--Each agency shall provide to the Director any information that the Director determines necessary to establish and maintain the covered website, including the information uploaded under paragraph (4). ``(2) Requirements for agencies.--Not later than 1 year after the date of enactment of the PLUM Act of 2022, the Director shall issue instructions to agencies with specific requirements for the provision or uploading of information required under paragraph (1), including-- ``(A) specific data standards that an agency shall follow to ensure that the information is complete, accurate, and reliable; ``(B) data quality assurance methods; and ``(C) the timeframe during which an agency shall provide or upload the information, including the timeframe described under paragraph (4). ``(3) Public accountability.--The Director shall identify on the covered website any agency that has failed to provide-- ``(A) the information required by the Director; ``(B) complete, accurate, and reliable information; or ``(C) the information during the timeframe specified by the Director. ``(4) Annual updates.-- ``(A) In general.--Not later than 90 days after the date on which the covered website is established, and not less than once during each year thereafter, the head of each agency shall upload to the covered website updated information (if any) on-- ``(i) the policy and supporting positions in the agency; ``(ii) the appointees occupying such positions in the agency; and ``(iii) the former appointees who served in such positions in the agency under the President then in office. ``(B) Supplement not supplant.--Information provided under subparagraph (A) shall supplement, not supplant, previously provided information under that subparagraph. ``(5) OPM help desk.--The Director shall establish a central help desk, to be operated by not more than 1 full-time employee, to assist any agency with implementing this section. ``(6) Coordination.--The Director may designate 1 or more agencies to participate in the development, establishment, operation, and support of the covered website. With respect to any such designation, the Director may specify the scope of the responsibilities of the agency so designated. ``(7) Data standards and timing.--The Director shall make available on the covered website information regarding data collection standards, quality assurance methods, and time frames for reporting data to the Director. ``(8) Regulations.--The Director may prescribe regulations necessary for the administration of this section. ``(g) Responsibility of Agencies.-- ``(1) Provision of information.--Each agency shall comply with the instructions and guidance issued by the Director to carry out this section, and, upon request of the Director, shall provide appropriate assistance to the Director to ensure the successful operation of the covered website in the manner and within the timeframe specified by the Director under subsection (f)(2). ``(2) Ensuring completeness, accuracy, and reliability.-- With respect to any submission of information described in paragraph (1), the head of an agency shall include-- ``(A) an explanation of how the agency ensured the information is complete, accurate, and reliable; and ``(B) a certification that the information is complete, accurate, and reliable. ``(h) Information Verification.-- ``(1) Confirmation.-- ``(A) In general.--On the date that is 90 days after the date on which the covered website is established, the Director, in coordination with the White House Office of Presidential Personnel, shall confirm that the information on the covered website is complete, accurate, reliable, and up-to-date. ``(B) Certification.--On the date on which the Director makes a confirmation under subparagraph (A), the Director shall publish on the covered website a certification that the confirmation has been made. ``(2) Authority of director.--In carrying out paragraph (1), the Director may-- ``(A) request additional information from an agency; and ``(B) use any additional information provided to the Director or the White House Office of Presidential Personnel for the purposes of verification. ``(3) Public comment.--The Director shall establish a process under which members of the public may provide feedback regarding the accuracy of the information on the covered website. ``(i) Data Archiving.-- ``(1) In general.--As soon as practicable after a transitional inauguration day (as defined in section 3349a), the Director, in consultation with the Archivist of the United States, shall archive the data that was compiled on the covered website for the preceding presidential administration. ``(2) Public availability.--The Director shall make the data described in paragraph (1) publicly available over the internet-- ``(A) on, or through a link on, the covered website; ``(B) at no cost; and ``(C) in a searchable, sortable, downloadable, and machine-readable format.''. (2) Clerical amendment.--The table of sections for subchapter I of chapter 33 of title 5, United States Code, is amended by adding at the end the following: ``3330f. Government policy and supporting position data.''. (b) Other Matters.-- (1) Definitions.--In this subsection, the terms ``agency'', ``covered website'', ``Director'', and ``policy and supporting position'' have the meanings given those terms in section 3330f of title 5, United States Code, as added by subsection (a). (2) GAO review and report.--Not later than 1 year after the date on which the Director establishes the covered website, the Comptroller General of the United States shall conduct a review of, and issue a briefing or report on, the implementation of this Act and the amendments made by this Act, which shall include-- (A) the quality of data required to be collected and whether the data is complete, accurate, timely, and reliable; (B) any challenges experienced by agencies in implementing this Act and the amendments made by this Act; and (C) any suggestions or modifications to enhance compliance with this Act and the amendments made by this Act, including best practices for agencies to follow. (3) Sunset of plum book.--Beginning on January 1, 2026-- (A) the covered website shall serve as the public directory for policy and supporting positions in the Government; and (B) the publication entitled ``United States Government Policy and Supporting Positions'', commonly referred to as the ``Plum Book'', shall no longer be issued or published. (4) Funding.-- (A) In general.--No additional amounts are authorized to be appropriated to carry out this Act or the amendments made by this Act. (B) Other funding.--The Director shall carry out this Act and the amendments made by this Act using amounts otherwise available to the Director. Calendar No. 574 117th CONGRESS 2d Session S. 3650 [Report No. 117-218] _______________________________________________________________________

PLUM Act of 2022

A bill to require the Director of the Office of Personnel Management to establish and maintain a public directory of the individuals occupying Government policy and supporting positions, and for other purposes.

PLUM Act of 2022 Periodically Listing Updates to Management Act of 2022 PLUM Act of 2022 Periodically Listing Updates to Management Act of 2022

Sen. Carper, Thomas R.

D

DE

S.1292

Health

Non-Opioid Directive Act This bill requires the Department of Health and Human Services (HHS) to develop a non-opioid pain management directive. This is a form that an individual may use to inform health care providers of the individual's choice to avoid opioid medications for pain management. The bill also sets out requirements for the execution, use, and revocation of these forms. HHS must make the form available on its website, and health insurers must make it available to their plan enrollees. Insurers must also share an enrollee's choice about opioid treatment with health care providers during pre-authorization processes. The bill allows health care providers to override a patient's form in specified circumstances. It also extends liability protections for providers who reasonably and in good faith administer or prescribe an opioid to a patient with an executed form in place.

To develop a non-opioid pain management directive indicating to health care professionals and emergency medical services personnel that an individual with respect to whom a form has been executed must not be administered an opioid or offered a prescription for an opioid, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Non-Opioid Directive Act''. SEC. 2. NON-OPIOID PAIN MANAGEMENT FORM. (a) In General.--Title V of the Public Health Service Act (42 U.S.C. 290aa et seq.) is amended by inserting after section 552 of such Act the following: ``SEC. 553. NON-OPIOID PAIN MANAGEMENT DIRECTIVE. ``(a) Development of Form.-- ``(1) In general.--The Secretary shall develop a non-opioid pain management form indicating to health care professionals, providers of services, and emergency medical services personnel that, except as provided in subsection (c) or in rules promulgated by the Secretary under subsection (e), an individual who has executed the form or who has had a form executed on the individual's behalf must not be administered (with the exception of intraoperative opioid use) an opioid or offered a prescription for an opioid for pain management, including post-surgical pain. ``(2) Contents of form.--The Secretary shall include on the non-opioid pain management form instructions on how the form may be revoked and any other information that the Secretary determines relevant. ``(3) Public availability of form.--The Secretary shall-- ``(A) make the form available to the public on the website of the Department of Health and Human Services; ``(B) require each group health plan or health insurance issuer to make the form available to each enrollee; and ``(C) require each group health plan or health insurance issuer to include a notice of the individual's choice for non-opioid pain management to health care providers, professionals, and such other entities as the Secretary may require for use during any preauthorization process, including any prior authorization relating to an occupational injury or a workers' compensation claim. ``(b) Execution, Use, and Revocation of Form.-- ``(1) Execution.--A non-opioid pain management form may be executed by-- ``(A) an individual, on his or her own behalf; or ``(B) a guardian or patient advocate of an individual on behalf of the individual, in the case of an individual who is a minor or who is incapacitated (as determined by the Secretary). ``(2) Inclusion in medical record.-- ``(A) In general.--If a non-opioid pain management form is executed by or on behalf of an individual and is presented to a health care professional, the health care professional shall make a copy of the form and include the copy in the individual's medical record. ``(B) Electronic medical records.-- ``(i) In general.--The Secretary shall establish procedures to ensure that any executed form is included in any electronic medical record relating to the individual. ``(ii) Requirements.--The procedures established under clause (i) shall-- ``(I) require health care providers and such other entities as the Secretary may specify to include each individual's choice to exercise a non- opioid pain management directive in a clear part in the medical records in a similar manner as it would display allergies to treatments; ``(II) if an individual chooses to use the non-opioid directive, permit the individual to report the existence of a non-opioid pain management form to their employer or group health plan or health insurance issuer to serve as notice to the health plan or issuer and any pharmacy benefit manager; and ``(III) require group health plans and health insurance issuers to provide a copy of the non-opioid pain management form during annual enrollment, specifically asking the individual to opt in or opt out. ``(3) Revocation.-- ``(A) By the individual.--An individual may revoke a non-opioid pain management form executed by themselves at any time and in any manner by which they are able to communicate their intent to revoke the form. ``(B) By an authorized representative.--A patient advocate or guardian may revoke a non-opioid pain management form on behalf of an individual at any time by issuing the revocation in writing and providing notice of the revocation to the individual's health care professional. ``(4) Notification requirement.--In the case of a non- opioid pain management form executed by a patient advocate or guardian on behalf of an individual pursuant to paragraph (1)(B), any health care professional who copied and included the form in the individual's medical record shall notify the patient of such form upon the patient turning 18, or regaining capacity, as applicable. ``(c) Exception for Emergencies.-- ``(1) In general.--A health care professional who is authorized to dispense a particular opioid under the Controlled Substances Act and is authorized to dispense controlled substances by the State in which the health care professional practices may administer that opioid to an individual who has executed a non-opioid pain management form or who has had a non-opioid pain management form executed on their behalf if-- ``(A) the individual is-- ``(i) receiving emergency treatment in a hospital or outside of a hospital; or ``(ii) receiving the opioid through intraoperative use during surgery; and ``(B) in the treating health care professional's opinion, after due consideration of other options and inquiring about a history of opioid use, the administration of the opioid is medically necessary to treat the individual. ``(2) Provision of information on adverse events, opioid use disorder, and treatment services.--If an opioid is administered under this subsection, the health care professional shall ensure that the individual is provided with information on adverse events, opioid use disorder, and treatment services of opioid use disorder. ``(d) Limitation on Liability.-- ``(1) In general.--Except as otherwise provided by law, the individuals and entities described in paragraph (2) shall not be subject to civil or criminal liability or professional disciplinary action for failing to administer, prescribe, or dispense an opioid, or for the inadvertent administration of an opioid, to an individual who has executed a non-opioid pain management form or who has had a non-opioid pain management form executed on his or her behalf, if the failure to act or act was done reasonably and in good faith. ``(2) Individuals and entities described.--The individuals and entities described in this paragraph are the following: ``(A) A health care professional whose scope of practice includes the prescribing, administering, or dispensing of a controlled substance. ``(B) A provider of services. ``(C) An employee of a health care professional. ``(D) An employee of a provider of services. ``(E) Emergency and intraoperative medical services personnel. ``(e) Regulations.--The Secretary shall promulgate such rules and regulations as may be required to implement this section, including the following: ``(1) Procedures to record a non-opioid pain management form in a medical record, including an electronic medical record. ``(2) Procedures to revoke a non-opioid pain management form. ``(3) Procedures to ensure that the recording, disclosure, or distribution of data relating to a non-opioid pain management form or the transmission of a non-opioid pain management form complies with State and Federal confidentiality and consent laws, rules, and regulations. ``(4) Exceptions for administering or prescribing an opioid to an individual who has executed a non-opioid pain management form or who has had a non-opioid pain management form executed on his or her behalf if the opioid is administered or prescribed to treat the individual for a substance use disorder. ``(5) Exceptions for administering or prescribing an opioid to an individual who has executed a non-opioid pain management form or who has had a non-opioid pain management form executed on his or her behalf if the individual is a hospice patient. ``(6) The rules promulgated under this section must allow a health care professional or provider of services to incorporate a non-opioid pain management form into an existing patient form or into other documentation used by the health care professional or provider of services. ``(f) Definitions.--In this section: ``(1) Group health plan; health insurance issuer.--The terms `group health plan' and `health insurance issuer' have the meanings given such terms in section 2791. ``(2) Guardian.--The term `guardian' means a person with the powers and duties to make medical treatment decisions on behalf of a patient to the extent granted by court order. ``(3) Non-opioid pain management form.--The term `non- opioid pain management form' means the non-opioid pain management form developed by the Secretary under subsection (a). ``(4) Patient advocate.--The term `patient advocate' means an individual designated to make medical treatment decisions for a patient. ``(5) Provider of services.--The term `provider of services' has the meaning given such term in section 1861(u) of the Social Security Act.''. (b) Effective Date.--Section 553 of the Public Health Service Act, as added by subsection (a), shall take effect on January 1, 2022. <all>

Non-Opioid Directive Act

A bill to develop a non-opioid pain management directive indicating to health care professionals and emergency medical services personnel that an individual with respect to whom a form has been executed must not be administered an opioid or offered a prescription for an opioid, and for other purposes.

Non-Opioid Directive Act

Sen. Manchin, Joe, III

D

WV

H.R.1561

Transportation and Public Works

Great Lakes Winter Commerce Act of 2021 This bill directs the U.S. Coast Guard to conduct icebreaking operations in the Great Lakes in accordance with specific performance standards. Specifically, the Coast Guard must The bill also directs the Coast Guard to acquire a Great Lakes icebreaker that is at least as capable as Coast Guard Cutter Mackinaw in an accelerated timeframe and award the contract on the basis of contractor qualification and price.

To amend title 14, United States Code, to require the Coast Guard to conduct icebreaking operations in the Great Lakes to minimize commercial disruption in the winter months, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Great Lakes Winter Commerce Act of 2021''. SEC. 2. GREAT LAKES ICEBREAKING OPERATIONS. (a) In General.--Subchapter IV of chapter 5 of title 14, United States Code, is amended by adding at the end the following: ``Sec. 564. Great Lakes icebreaking operations ``(a) Icebreaking Operations.--The Commandant shall conduct icebreaking operations in the Great Lakes in accordance with the standard for icebreaking operations under subsection (b). ``(b) Standard for Icebreaking Operations.--In carrying out subsection (a)-- ``(1) except as provided in paragraph (2), the Commandant shall keep ice-covered waterways in the Great Lakes open to navigation not less than 90 percent of the hours that commercial vessels and ferries attempt to transit such ice- covered waterways; and ``(2) in a year in which the Great Lakes are not open to navigation because of ice of a thickness that occurs on average only once every 10 years, the Coast Guard shall keep ice- covered waterways in the Great Lakes open to navigation at least 70 percent of the hours that commercial vessels and ferries attempt to transit such ice-covered waterways. ``(c) Report to Congress.-- ``(1) Deadline.--Not later than July 1 of each year, the Commandant shall submit to Congress a report on the icebreaking operations conducted by the Coast Guard in the Great Lakes for the fiscal year. ``(2) Content.--The report required under paragraph (1) shall include the total number of hours that United States icebreakers conducted icebreaking operations in each of the types of Great Lakes waters described in paragraph (3) and the total number of hours that Canadian icebreakers conducted icebreaking operations in the type of Great Lakes waters described in subparagraphs (3)(A) and (3)(C). ``(3) Types of great lakes waters.--The types of waters described in this paragraph are-- ``(A) United States waters, excluding waters described in subparagraph (C); ``(B) Canadian waters, excluding waters described in subparagraph (C); and ``(C) frequent border crossing waters. ``(d) Coordination With Industry.--The Commandant shall coordinate Great Lakes icebreaking operations with operators of commercial vessels. ``(e) Definitions.--In this section: ``(1) Commercial vessel.--The term `commercial vessel' means any privately owned cargo vessel of at least 500 tons, as measured under section 14502 of title 46 or an alternate tonnage measured under section 14302 of such title as prescribed by the Secretary under section 14104 of such title, operating in the Great Lakes during the winter season. ``(2) Great lakes.--The term `Great Lakes'-- ``(A) has the meaning given such term in section 118 of the Federal Water Pollution Control Act (33 U.S.C. 1268); and ``(B) includes harbors. ``(3) Ice-covered waterway.--The term `ice-covered waterway' means any portion of the Great Lakes in which commercial vessels operate that is 70 percent or greater covered by ice, but does not include any waters adjacent to piers or docks for which commercial icebreaking services are available and adequate for the ice conditions. ``(4) Open to navigation.--The term `open to navigation' means navigable to the extent necessary to meet the reasonable demands of commerce, minimize delays to passenger ferries, extricate vessels and persons from danger, prevent damage due to flooding, and conduct other Coast Guard missions as required. ``(5) Reasonable demands of commerce.--The term `reasonable demands of commerce' means the safe movement of commercial vessels transiting ice-covered waterways in the Great Lakes, regardless of type of cargo, at a speed consistent with the design capability of Coast Guard icebreakers operating in the Great Lakes. ``(6) Frequent border crossing waters.--The term `frequent border crossing waters' means the United States waters and Canadian waters of-- ``(A) Whitefish Bay in Lake Superior; ``(B) the St. Mary's River; ``(C) the Detroit and St. Clair rivers system; and ``(D) Western Lake Erie from the Detroit River to Pelee Passage.''. (b) Clerical Amendment.--The table of analysis for chapter 5 of title 14, United States Code, is amended by adding at the end the following: ``564. Great Lakes icebreaking operations.''. (c) Report.--Not later than the first July 1 after the first winter in which the Commandant of the Coast Guard is subject to the requirements of section 564 of title 14, United States Code, the Commandant shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report on the cost to the Coast Guard of meeting the requirements of such section. SEC. 3. GREAT LAKES ICEBREAKER ACQUISITION. (a) Authorization.--Section 8107(a) of the Elijah E. Cummings Coast Guard Authorization Act of 2020 (Public law 116-283) is amended by striking ``$160,000,000'' and inserting ``$350,000,000''. (b) Exemption.--Notwithstanding sections 1105(a)(2), 1131, and 1132 of title 14, United States Code, and the requirements in the Competition in Contracting Act (10 U.S.C. 2304), and subject to the availability of appropriations, the Commandant shall acquire the icebreaker described in section 8107(a) of the Elijah E. Cummings Coast Guard Authorization Act of 2020 (Public law 116-283) through other than full and open competition in an accelerated timeframe and award the contract on the basis of contractor qualification and price. <all>

Great Lakes Winter Commerce Act of 2021

To amend title 14, United States Code, to require the Coast Guard to conduct icebreaking operations in the Great Lakes to minimize commercial disruption in the winter months, and for other purposes.

Great Lakes Winter Commerce Act of 2021

Rep. Gallagher, Mike

R

WI

H.R.3861

Finance and Financial Sector

Making FHA Work for Borrowers with Student Debt Act of 2021 This bill requires the Federal Housing Administration (FHA) to modify its treatment of student loan debt for purposes of determining eligibility for federally insured mortgages for single-family homes. Specifically, the FHA must calculate a borrower's student loan debt obligation as the monthly payment required in connection with the loan or, if no monthly payment is required, 0.5% of the outstanding balance of the loan. Currently, the FHA calculates a borrower's student loan debt obligation as 1% of the outstanding balance of the loan.

To amend the National Housing Act to revise the treatment of student loan debt in the underwriting of FHA loans, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Making FHA Work for Borrowers with Student Debt Act of 2021''. SEC. 2. TREATMENT OF STUDENT LOAN DEBT BEING REPAID. Section 203 of the National Housing Act (12 U.S.C. 1709) is amended by inserting after subsection (r) the following new subsection: ``(s) Treatment of Student Loan Debt Being Repaid.-- ``(1) In general.--In determining eligibility of single- family mortgages, and mortgagors under such mortgages, for insurance under this title, for purposes of any calculation of the amount of liabilities of a mortgagor, or comparison of the amount of such liabilities to the income of the mortgagor, the Secretary shall consider a covered educational liability to be-- ``(A) except as provided in subparagraph (B), in the same monthly amount as the amount that the mortgagor is actually required to pay on a monthly basis in connection with such liability; or ``(B) in the case of a mortgagor whose required monthly payment under such liability is $0, the amount equal to 0.5 percent of the outstanding balance of the loan in connection with such liability. ``(2) Covered educational liability.--For purposes of this subsection, the term `covered educational liability' means a liability-- ``(A) that is a student loan incurred for educational purposes; ``(B) that is required to be repaid through payments made on a regular basis; and ``(C) for which documentation has been provided that is sufficient, in the determination of the Secretary, to demonstrate that the liability complies with the requirements under subparagraphs (A) and (B).''. <all>

Making FHA Work for Borrowers with Student Debt Act of 2021

To amend the National Housing Act to revise the treatment of student loan debt in the underwriting of FHA loans, and for other purposes.

Making FHA Work for Borrowers with Student Debt Act of 2021

Rep. Meeks, Gregory W.

D

NY

H.R.8518

Water Resources Development

Texas Coastal Spine Authorization Act This bill authorizes the U.S. Army Corps of Engineers to carry out the project on coastal Texas protection and restoration in accordance with the plans and conditions laid out in the report issued by the Chief of Engineers on September 16, 2021. The report recommends plans to reduce the risks of tropical storm surge impacts and to restore degraded coastal ecosystems on the Texas Gulf Coast.

To authorize the project for hurricane and storm damage reduction and ecosystem restoration, Texas. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Texas Coastal Spine Authorization Act''. SEC. 2. COASTAL TEXAS PROTECTION AND RESTORATION FEASIBILITY STUDY, TEXAS. The Secretary of the Army is authorized to carry out the project for hurricane and storm damage reduction and ecosystem restoration, Texas, substantially in accordance with the plans, and subject to the conditions, described in the report of the Chief of Engineers dated September 16, 2021, at an estimated total cost of $30,906,287,000, with an estimated Federal cost of $19,237,894,000 and an estimated non- Federal cost of $11,668,393,000. <all>

Texas Coastal Spine Authorization Act

To authorize the project for hurricane and storm damage reduction and ecosystem restoration, Texas.

Texas Coastal Spine Authorization Act

Rep. Weber, Randy K., Sr.

R

TX

H.R.1695

Armed Forces and National Security

TRICARE Reserve Select Improvement Act This bill expands TRICARE Reserve Select eligibility to include members of the Selected Reserve who are enrolled or eligible to enroll in the Federal Employees Health Benefits Program.

To amend title 10, United States Code, to remove the prohibition on eligibility for TRICARE Reserve Select of members of the reserve components of the Armed Forces who are eligible to enroll in a health benefits plan under chapter 89 of title 5, United States Code. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``TRICARE Reserve Select Improvement Act''. SEC. 2. MODIFICATION OF ELIGIBILITY FOR TRICARE RESERVE SELECT OF CERTAIN MEMBERS OF THE SELECTED RESERVE. (a) In General.--Section 1076d(a) of title 10, United States Code, is amended-- (1) in paragraph (1), by striking ``(1) Except as provided in paragraph (2), a member'' and inserting ``A member''; and (2) by striking paragraph (2). (b) Sense of Congress.--It is the sense of Congress that the costs of carrying out the amendments made by this section, if any, will be offset. <all>

TRICARE Reserve Select Improvement Act

To amend title 10, United States Code, to remove the prohibition on eligibility for TRICARE Reserve Select of members of the reserve components of the Armed Forces who are eligible to enroll in a health benefits plan under chapter 89 of title 5, United States Code.

TRICARE Reserve Select Improvement Act

Rep. Kelly, Trent

R

MS

S.5015

Health

Healthy Moms and Babies Act This bill establishes programs and requirements to support maternal health services under Medicaid and the Children's Health Insurance Program (CHIP), such as coverage options for maternity health homes, demonstration projects to expand telehealth services for pregnant and postpartum women, and agency guidance for states to address social determinants of health.

To amend titles XIX and XXI of the Social Security Act to improve maternal health coverage under Medicaid and CHIP, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Healthy Moms and Babies Act''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Definitions. Sec. 3. Mandatory reporting by State Medicaid programs on adult health care quality measures of maternal and perinatal health. Sec. 4. Medicaid quality improvement initiatives to reduce rates of caesarean sections. Sec. 5. State option to provide coordinated care through a health home for pregnant and postpartum women. Sec. 6. Guidance on care coordination to support maternal health. Sec. 7. MACPAC study on doulas and community health workers. Sec. 8. Demonstration projects to improve the delivery of maternal health care through telehealth. Sec. 9. CMS report on coverage of remote physiologic monitoring devices and impact on maternal and child health outcomes under Medicaid. Sec. 10. Guidance on community-based maternal health programs. Sec. 11. Developing guidance on maternal mortality and severe morbidity reduction for maternal care providers receiving payment under the Medicaid program. Sec. 12. Collection of information related to social determinants of the health of Medicaid and CHIP beneficiaries. Sec. 13. Report on payment methodologies for transferring pregnant women between facilities before, during, and after childbirth. Sec. 14. Medicaid guidance on State options to address social determinants of health for pregnant and postpartum women. Sec. 15. Payment error rate measurement (PERM) audit and improvement requirements. SEC. 2. DEFINITIONS. In this Act: (1) CHIP.--The term ``CHIP'' means the Children's Health Insurance Program established under title XXI of the Social Security Act (42 U.S.C. 1397aa et seq.). (2) Comptroller general.--The term ``Comptroller General'' means the Comptroller General of the United States. (3) Group health plan; health insurance issuer, etc.--The terms ``group health plan'', ``health insurance coverage'', ``health insurance issuer'', ``group health insurance coverage'', and ``individual health insurance coverage'' have the meanings given such terms in section 2791 of the Public Health Service Act (42 U.S.C. 300gg-91). (4) Medicaid.--The term ``Medicaid'' means the Medicaid program established under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.). (5) Medicaid managed care organization.--The term ``medicaid managed care organization'' has the meaning given that term in section 1903(m)(1)(A) of the Social Security Act (42 U.S.C. 1396b(m)(1)(A)). (6) Secretary.--The term ``Secretary'' means the Secretary of Health and Human Services. (7) State.--The term ``State'' has the meaning given that term for purposes of titles V, XIX, and XXI of the Social Security Act (42 U.S.C. 701 et seq. 1396 et seq., 1397aa et seq.). SEC. 3. MANDATORY REPORTING BY STATE MEDICAID PROGRAMS ON ADULT HEALTH CARE QUALITY MEASURES OF MATERNAL AND PERINATAL HEALTH. Section 1139B of the Social Security Act (42 U.S.C. 1320b-9b) is amended-- (1) in subsection (b)-- (A) in paragraph (3)(B)-- (i) in the subparagraph heading, by inserting ``and maternal and perinatal health'' after ``behavioral health''; (ii) by striking ``all behavioral health'' and inserting ``all behavioral health and maternal and perinatal health''; and (iii) by inserting ``and of maternal and perinatal health care for Medicaid eligible adults'' after ``Medicaid eligible adults''; and (B) in paragraph (5)(C)-- (i) in the subparagraph heading, by inserting ``and maternal and perinatal health'' after ``behavioral health''; and (ii) by inserting ``and, with respect to Medicaid eligible adults, maternal and perinatal health measures'' after ``behavioral health measures''; and (2) in subsection (d)(1)(A), by inserting ``and maternal and perinatal health'' after ``behavioral health''. SEC. 4. MEDICAID QUALITY IMPROVEMENT INITIATIVES TO REDUCE RATES OF CAESAREAN SECTIONS. (a) Medicaid State Plan Amendment.--Section 1902(a) of the Social Security Act (42 U.S.C. 1396a(a)) is amended-- (1) in paragraph (86), by striking ``and'' after the semicolon; (2) in paragraph (87), by striking the period at the end and inserting ``; and''; and (3) by inserting after paragraph (87) the following: ``(88) provide that, not later than January 1, 2024, and annually thereafter through January 1, 2034, the State shall submit a report to the Secretary, that shall be made publicly available, which contains with respect to the preceding calendar year-- ``(A) the rate of low-risk cesarean delivery, as defined by the Secretary in consultation with relevant stakeholders, for pregnant women eligible for medical assistance under the State plan or a waiver of such plan in the State, as compared to the overall rate of cesarean delivery in the State; ``(B) a description of the State's quality improvement activities to safely reduce the rate of low-risk cesarean delivery (as so defined) for pregnant women eligible for medical assistance under the State plan or a waiver of such plan in the State reported under subparagraph (A), including initiatives aimed at reducing racial and ethnic health disparities, hospital-level quality improvement initiatives, taking into account hospital type and the patient population served, and, if applicable, partnerships with State or regional perinatal quality collaboratives; ``(C) for each report submitted after January 1, 2024, the percentage change (if any) in the rate of low-risk cesarean delivery (as so defined) for pregnant women eligible for medical assistance under the State plan or a waiver of such plan in the State reported under subparagraph (A) from the rate reported for the most recent previous report; and ``(D) such other relevant data and information as determined by the Secretary, and in consultation with relevant stakeholders, such as State initiatives and evaluations of quality improvement activities, cesarean delivery rates, and health outcomes.''. (b) GAO Study Regarding Medicaid Caesarean Births.-- (1) Study.--The Comptroller General shall conduct a study regarding caesarean births under State Medicaid programs. The study shall include analyses of the following: (A) Changes in Medicaid payment rates for caesarean births and vaginal births over time, disaggregated by rates paid by fee-for-service Medicaid programs and by Medicaid programs that contract with medicaid managed care organizations and other specified entities to furnish medical assistance under such programs. (B) The frequency of primary and repeat caesarean births, as well as vaginal births after a caesarean, under Medicaid programs and a comparison of such frequency with the frequency of such births when paid for under a group health plan or by a health insurance issuer offering group or individual health insurance coverage. To the extent feasible, this information should be disaggregated according to race and ethnicity. (C) Comparisons of payment rates for caesarean and vaginal births under Medicaid programs with the payment rates for such births under a group health plan or by a health insurance issuer offering group or individual health insurance coverage. (D) Such other factors related to payment rates for caesarean and vaginal births under Medicaid as the Comptroller General determines appropriate. (2) Report.--Not later than 18 months after the date of enactment of this Act, the Comptroller General shall submit to Congress a report containing the results of the study conducted under paragraph (1), together with recommendations for such legislation and administrative action as the Comptroller General determines appropriate. (c) GAO Study on Racial Disparities in Caesarean Births.-- (1) In general.--The Comptroller General shall conduct a study on racial disparities in the frequency of low- and high- risk caesarean births across hospitals of different settings (rural, urban, and suburban), volumes, and types (such as teaching, private, public, and not-for-profit) in a selection of 10 States. The study shall compare such information with respect to Medicaid and private payers and compare total charges, if feasible. The study shall also investigate, to the extent practicable, the day of the week and time of day that such births occur at a subset of hospitals in the selected States. Such study may consider other factors related to racial disparities in maternal health as the Comptroller General deems appropriate. (2) Report.--Not later than 2 years after the date of enactment of this Act, the Comptroller General shall submit to Congress a report containing the results of the study conducted under paragraph (1), together with recommendations for such legislation and administrative action as the Comptroller General determines appropriate. SEC. 5. STATE OPTION TO PROVIDE COORDINATED CARE THROUGH A HEALTH HOME FOR PREGNANT AND POSTPARTUM WOMEN. Title XIX of the Social Security Act (42 U.S.C. 1396 et seq.) is amended by inserting after section 1945A the following new section: ``SEC. 1945B. STATE OPTION TO PROVIDE COORDINATED CARE THROUGH A HEALTH HOME FOR PREGNANT AND POSTPARTUM WOMEN. ``(a) State Option.-- ``(1) In general.--Notwithstanding section 1902(a)(1) (relating to statewideness) and section 1902(a)(10)(B) (relating to comparability), beginning April 1, 2025, a State, at its option as a State plan amendment, may provide for medical assistance under this title to an eligible woman who chooses to-- ``(A) enroll in a maternity health home under this section by selecting a designated provider, a team of health care professionals operating with such a provider, or a health team as the woman's maternity health home for purposes of providing the woman with pregnancy and postpartum coordinated care services; or ``(B) receive such services from a designated provider, a team of health care professionals operating with such a provider, or a health team that has voluntarily opted to participate in a maternity health home for eligible women under this section. ``(2) Eligible woman defined.--In this section, the term `eligible woman' means an individual-- ``(A) who is eligible for medical assistance under the State plan (or under a waiver of such plan) for all items and services covered under the State plan (or waiver) that are not less in amount, duration, or scope, or are determined by the Secretary to be substantially equivalent, to the medical assistance available for an individual described in subsection (a)(10)(A)(i); and ``(B) who-- ``(i) is pregnant; or ``(ii) had a pregnancy end within the last 365 days. ``(b) Qualification Standards.--The Secretary shall establish standards for qualification as a maternity health home or as a designated provider, team of health care professionals operating with such a provider, or a health team eligible for participation in a maternity health home for purposes of this section. Such standards shall include requiring designated providers, teams of health care professionals operating with such providers, and health teams (designated as a maternity health home) to demonstrate to the State the ability to do the following: ``(1) Coordinate prompt care and access to necessary maternity care services, including services provided by specialists, and programs for an eligible woman during her pregnancy and the 365-day period beginning on the last day of her pregnancy. ``(2) Develop an individualized, comprehensive, patient- centered care plan for each eligible woman that accommodates patient preferences and, if applicable, reflects adjustments to the payment methodology described in subsection (c)(2)(B). ``(3) Develop and incorporate into each eligible woman's care plan, in a culturally and linguistically appropriate manner consistent with the needs of the eligible woman, ongoing home care, community-based primary care, inpatient care, social support services, behavioral health services, local hospital emergency care, and, in the event of a change in income that would result in the eligible woman losing eligibility for medical assistance under the State plan or waiver, care management and planning related to a change in the eligible woman's health insurance coverage. ``(4) Coordinate with pediatric care providers, as appropriate. ``(5) Collect and report information under subsection (f)(1). ``(c) Payments.-- ``(1) In general.--A State shall provide a designated provider, a team of health care professionals operating with such a provider, or a health team with payments for the provision of pregnancy and postpartum coordinated care services, to each eligible woman that selects such provider, team of health care professionals, or health team as the woman's maternity health home or care provider. Payments made to a maternity health home or care provider for such services shall be treated as medical assistance for purposes of section 1903(a). ``(2) Methodology.--The State shall specify in the State plan amendment the methodology the State will use for determining payment for the provision of pregnancy and postpartum coordinated care services or treatment during an eligible woman's pregnancy and the 365-day period beginning on the last day of her pregnancy. Such methodology for determining payment-- ``(A) may be based on-- ``(i) a per-member per-month basis for each eligible woman enrolled in the maternity health home; ``(ii) a prospective payment model, in the case of payments to Federally qualified health centers or a rural health clinics; or ``(iii) an alternate model of payment (which may include a model developed under a waiver under section 1115) proposed by the State and approved by the Secretary; ``(B) may be adjusted to reflect, with respect to each eligible woman-- ``(i) the severity of the risks associated with the woman's pregnancy; ``(ii) the severity of the risks associated with the woman's postpartum health care needs; and ``(iii) the level or amount of time of care coordination required with respect to the woman; and ``(C) shall be established consistent with section 1902(a)(30)(A). ``(d) Coordinating Care.-- ``(1) Hospital notification.--A State with a State plan amendment approved under this section shall require each hospital that is a participating provider under the State plan (or under a waiver of such plan) to establish procedures in the case of an eligible woman who seeks treatment in the emergency department of such hospital for-- ``(A) providing the woman with culturally and linguistically appropriate information on the respective treatment models and opportunities for the woman to access a maternity health home and its associated benefits; and ``(B) notifying the maternity health home in which the woman is enrolled, or the designated provider, team of health care professionals operating with such a provider, or health team treating the woman, of the woman's treatment in the emergency department and of the protocols for the maternity health home, designated provider, or team to be involved in the woman's emergency care or post-discharge care. ``(2) Education with respect to availability of a maternity health home.-- ``(A) In general.--In order for a State plan amendment to be approved under this section, a State shall include in the State plan amendment a description of the State's process for-- ``(i) educating providers participating in the State plan (or a waiver of such plan) on the availability of maternity health homes for eligible women, including the process by which such providers can participate in or refer eligible women to an approved maternity health home or a designated provider, team of health care professionals operating such a provider, or health team; and ``(ii) educating eligible women, in a culturally and linguistically appropriate manner, on the availability of maternity health homes. ``(B) Outreach.--The process established by the State under subparagraph (A) shall include the participation of entities or other public or private organizations or entities that provide outreach and information on the availability of health care items and services to families of individuals eligible to receive medical assistance under the State plan (or a waiver of such plan). ``(3) Mental health coordination.--A State with a State plan amendment approved under this section shall consult and coordinate, as appropriate, with the Secretary in addressing issues regarding the prevention, identification, and treatment of mental health conditions and substance use disorders among eligible women. ``(4) Social and support services.--A State with a State plan amendment approved under this section shall consult and coordinate, as appropriate, with the Secretary in establishing means to connect eligible women receiving pregnancy and postpartum coordinated care services under this section with social and support services, including services made available under maternal, infant, and early childhood home visiting programs established under section 511, and services made available under section 330H or title X of the Public Health Service Act. ``(e) Monitoring.--A State shall include in the State plan amendment-- ``(1) a methodology for tracking reductions in inpatient days and reductions in the total cost of care resulting from improved care coordination and management under this section; ``(2) a proposal for use of health information technology in providing an eligible woman with pregnancy and postpartum coordinated care services as specified under this section and improving service delivery and coordination across the care continuum; and ``(3) a methodology for tracking prompt and timely access to medically necessary care for eligible women from out-of- State providers. ``(f) Data Collection.-- ``(1) Provider reporting requirements.--In order to receive payments from a State under subsection (c), a maternity health home, or a designated provider, a team of health care professionals operating with such a provider, or a health team, shall report to the State, at such time and in such form and manner as may be required by the State, including through a health information exchange or other public health data sharing entity, the following information: ``(A) With respect to each such designated provider, team of health care professionals operating with such a provider, and health team (designated as a maternity health home), the name, National Provider Identification number, address, and specific health care services offered to be provided to eligible women who have selected such provider, team of health care professionals, or health team as the women's maternity health home. ``(B) Information on all applicable measures for determining the quality of services provided by such provider, team of health care professionals, or health team. ``(C) Such other information as the Secretary shall specify in guidance. ``(2) State reporting requirements.-- ``(A) Comprehensive report.--A State with a State plan amendment approved under this section shall report to the Secretary (and, upon request, to the Medicaid and CHIP Payment and Access Commission), at such time, but at a minimum frequency of every 12 months, and in such form and manner determined by the Secretary to be reasonable and minimally burdensome, including through a health information exchange or other public health data sharing entity, the following information: ``(i) Information described in paragraph (1). ``(ii) The number and, to the extent available and while maintaining all relevant protecting privacy and confidentially protections, disaggregated demographic information of eligible women who have enrolled in a maternity health home pursuant to this section. ``(iii) The number of maternity health homes in the State. ``(iv) The medical conditions or factors that contribute to severe maternal morbidity among eligible women enrolled in maternity health homes in the State. ``(v) The extent to which such women receive health care items and services under the State plan before, during, and after the women's enrollment in such a maternity health home. ``(vi) Where applicable, mortality data and data for the associated causes of death for eligible women enrolled in a maternity health home under this section, in accordance with subsection (g). For deaths occurring postpartum, such data shall distinguish between deaths occurring up to 42 days postpartum and deaths occurring between 43 days to up to 1 year postpartum. Where applicable, data reported under this clause shall be reported alongside comparable data from a State's maternal mortality review committee, as established in accordance with section 317K(d) of the Public Health Service Act, for purposes of further identifying and comparing statewide trends in maternal mortality among populations participating in the maternity health home under this section. ``(B) Implementation report.--Not later than 18 months after a State has a State plan amendment approved under this section, the State shall submit to the Secretary, and make publicly available on the appropriate State website, a report on how the State is implementing the option established under this section, including through any best practices adopted by the State. ``(g) Confidentiality.--A State with a State plan amendment under this section shall establish confidentiality protections for the purposes of subsection (f)(2)(A) to ensure, at a minimum, that there is no disclosure by the State of any identifying information about any specific eligible woman enrolled in a maternity health home or any maternal mortality case, and that all relevant confidentiality and privacy protections, including the requirements under 1902(a)(7)(A), are maintained. ``(h) Rule of Construction.--Nothing in this section shall be construed to require-- ``(1) an eligible woman to enroll in a maternity health home under this section; or ``(2) a designated provider or health team to act as a maternity health home and provide services in accordance with this section if the provider or health team does not voluntarily agree to act as a maternity health home. ``(i) Planning Grants.-- ``(1) In general.--Beginning October 1, 2024, from the amount appropriated under paragraph (2), the Secretary shall award planning grants to States for purposes of developing and submitting a State plan amendment under this section. The Secretary shall award a grant to each State that applies for a grant under this subsection, but the Secretary may determine the amount of the grant based on the merits of the application and the goal of the State to prioritize health outcomes for eligible women. A planning grant awarded to a State under this subsection shall remain available until expended. ``(2) Appropriation.--There are authorized to be appropriated to the Secretary $50,000,000 for the period of fiscal years 2023 through 2025, for the purposes of making grants under this subsection, to remain available until expended. ``(3) Limitation.--The total amount of payments made to States under this subsection shall not exceed $50,000,000. ``(j) Additional Definitions.--In this section: ``(1) Designated provider.--The term `designated provider' means a physician (including an obstetrician-gynecologist), hospital, clinical practice or clinical group practice, a medicaid managed care organization, as defined in section 1903(m)(1)(A), a prepaid inpatient health plan, as defined in section 438.2 of title 42, Code of Federal Regulations (or any successor regulation), a prepaid ambulatory health plan, as defined in such section (or any successor regulation), rural clinic, community health center, community mental health center, or any other entity or provider that is determined by the State and approved by the Secretary to be qualified to be a maternity health home on the basis of documentation evidencing that the entity has the systems, expertise, and infrastructure in place to provide pregnancy and postpartum coordinated care services. Such term may include providers who are employed by, or affiliated with, a hospital. ``(2) Maternity health home.--The term `maternity health home' means a designated provider (including a provider that operates in coordination with a team of health care professionals) or a health team is selected by an eligible woman to provide pregnancy and postpartum coordinated care services. ``(3) Health team.--The term `health team' has the meaning given such term for purposes of section 3502 of Public Law 111- 148. ``(4) Pregnancy and postpartum coordinated care services.-- ``(A) In general.--The term `pregnancy and postpartum coordinated care services' means items and services related to the coordination of care for comprehensive and timely high-quality, culturally and linguistically appropriate, services described in subparagraph (B) that are provided by a designated provider, a team of health care professionals operating with such a provider, or a health team (designated as a maternity health home). ``(B) Services described.-- ``(i) In general.--The services described in this subparagraph shall include with respect to a State electing the State plan amendment option under this section, any medical assistance for items and services for which payment is available under the State plan or under a waiver of such plan. ``(ii) Other items and services.--In addition to medical assistance described in clause (i), the services described in this subparagraph shall include the following: ``(I) Any item or service for which medical assistance is otherwise available under the State plan (or a waiver of such plan) related to the treatment of a woman during the woman's pregnancy and the 1-year period beginning on the last day of her pregnancy, including mental health and substance use disorder services. ``(II) Comprehensive care management. ``(III) Care coordination (including with pediatricians as appropriate), health promotion, and providing access to the full range of maternal, obstetric, and gynecologic services, including services from out- of-State providers. ``(IV) Comprehensive transitional care, including appropriate follow-up, from inpatient to other settings. ``(V) Patient and family support (including authorized representatives). ``(VI) Referrals to community and social support services, if relevant. ``(VII) Use of health information technology to link services, as feasible and appropriate. ``(5) Team of health care professionals.--The term `team of health care professionals' means a team of health care professionals (as described in the State plan amendment under this section) that may-- ``(A) include-- ``(i) physicians, including gynecologist- obstetricians, pediatricians, and other professionals such as physicians assistants, advance practice nurses, including certified nurse midwives, nurses, nurse care coordinators, dietitians, nutritionists, social workers, behavioral health professionals, physical counselors, physical therapists, occupational therapists, or any professionals that assist in prenatal care, delivery, or postpartum care for which medical assistance is available under the State plan or a waiver of such plan and determined to be appropriate by the State and approved by the Secretary; ``(ii) an entity or individual who is designated to coordinate such care delivered by the team; and ``(iii) when appropriate and if otherwise eligible to furnish items and services that are reimbursable as medical assistance under the State plan or under a waiver of such plan, doulas, community health workers, translators and interpreters, and other individuals with culturally appropriate and trauma-informed expertise; and ``(B) provide care at a facility that is freestanding, virtual, or based at a hospital, community health center, community mental health center, rural clinic, clinical practice or clinical group practice, academic health center, or any entity determined to be appropriate by the State and approved by the Secretary.''. SEC. 6. GUIDANCE ON CARE COORDINATION TO SUPPORT MATERNAL HEALTH. Not later than 2 years after the date of enactment of this Act, the Secretary shall issue guidance for State Medicaid programs on improved care coordination, continuity of care, and clinical integration to support the needs of pregnant and postpartum women for services eligible for Medicaid payment. Such guidance shall identify best practices for care coordination for such women, both with respect to fee-for-service State Medicaid programs and State Medicaid programs that contract with medicaid managed care organizations or other specified entities to furnish medical assistance for such women, and shall illustrate strategies for-- (1) enhancing primary care and maternity care coordination with specialists, including cardiologists, specialists in gestational diabetes, dentists, lactation specialists, genetic counselors, and behavioral health providers; (2) integrating behavioral health providers to provide screening, assessment, treatment, and referral for behavioral health needs, including substance use disorders, maternal depression, anxiety, intimate partner violence, and other trauma; (3) integrating into care teams or coordinating with nonclinical professionals, including (if licensed or credentialed by a State or State-authorized organization) doulas, peer support specialists, and community health workers, and how these services provided by such professionals may be eligible for Federal financial participation under Medicaid; (4) screening pregnant and postpartum women for social needs and coordinating related services during the prenatal and postpartum periods to ensure social and physical supports are provided for such women during such periods and for their children; (5) supporting women who have had a stillbirth; (6) screening for maternal health, behavioral health, and social needs during well-child and pediatric care visits; and (7) streamlining and reducing duplication in care coordination efforts across and among providers, plans, and other entities for such women. SEC. 7. MACPAC STUDY ON DOULAS AND COMMUNITY HEALTH WORKERS. (a) In General.--As part of the first report required under section 1900(b)(1) of the Social Security Act (42 U.S.C. 1396(b)(1)) after the date that is 1 year after the date of enactment of this Act, the Medicaid and CHIP Payment and Access Commission (referred to in this section as ``MACPAC'') shall include with such report a report on the coverage of doula services and the role of community health workers under State Medicaid programs, which shall include the following: (1) Information about coverage for doula services and community health worker services under State Medicaid programs that currently provide coverage for such services, including the type of doula services offered (such as prenatal, labor and delivery, postpartum support, and traditional doula services) and information on the prevalence of doulas that care for individuals in their own communities. (2) An analysis of strategies to facilitate the appropriate use of doula services in order to provide better care and achieve better maternal and infant health outcomes, including strategies that States may use to assist with services for which Federal financial participation is eligible under a State Medicaid plan or a waiver of such a plan by recruiting, training, and certifying a diverse doula workforce, particularly from underserved communities, communities of color, and communities facing linguistic or cultural barriers. (3) Provide examples of community health worker access in State Medicaid programs and strategies employed by States to encourage a broad care team to manage Medicaid patients. (4) An assessment of the impact of the involvement of doulas and community health workers on maternal health outcomes. (5) Recommendations, as MACPAC deems appropriate, for legislative and administrative actions to increase access to services that improve maternal health. (b) Stakeholder Consultation.--In developing the report required under subsection (a), MACPAC shall consult with relevant stakeholders, including-- (1) States; (2) organizations representing consumers, including those that are disproportionately impacted by poor maternal health outcomes; (3) organizations and individuals representing doula services providers and community health workers, including community-based doula programs and those who serve underserved communities, communities of color and communities facing linguistic or cultural barriers; and (4) organizations representing health care providers. SEC. 8. DEMONSTRATION PROJECTS TO IMPROVE THE DELIVERY OF MATERNAL HEALTH CARE THROUGH TELEHEALTH. (a) In General.--Not later than 18 months after the date of enactment of this Act, the Secretary shall award grants to States to conduct demonstration projects under this section that are designed to expand the use of telehealth in State Medicaid programs for the delivery of health care to eligible pregnant or postpartum women. (b) Eligible Pregnant or Postpartum Woman Defined.-- (1) In general.--In this section, the term ``eligible pregnant or postpartum woman'' means a woman who is eligible for and receiving medical assistance under a State Medicaid plan (or waiver of such plan) and who is or becomes pregnant. (2) Postpartum women.--Such term includes a woman described in paragraph (1) through the end of the month in which the 365- day period beginning on the last day of the woman's pregnancy ends, without regard to any change in income of the family of which she is a member. (c) Application; Selection of States; Duration.-- (1) Application.-- (A) In general.--To conduct a demonstration project under this section, a State shall submit an application to the Secretary at such time and in such manner as the Secretary shall require. Under the demonstration project, a State may include multiple proposed uses of grant funds, and propose to focus on multiple populations, as otherwise allowable under this section, within a single application. (B) Required information.--A State application to conduct a demonstration project under this section shall include the following: (i) The population (such as individuals residing in rural or medically underserved areas) that the demonstration project will target. (ii) A description of how the State proposes to use funds awarded under this section to conduct the demonstration project to integrate or increase the integration of telehealth into the State Medicaid program's existing delivery system for furnishing medical assistance to and improving the health care outcomes of eligible pregnant or postpartum women. (iii) A description of how the State will use funds to address racial or ethnic disparities in access to maternal health services or maternal health outcomes, barriers to care, including in rural or medically underserved communities, other barriers to using telehealth, such as those experienced by individuals with disabilities and individuals with limited English proficiency, and as applicable, barriers to the use of telehealth in tribal communities. (iv) A certification that the application meets the requirements of subparagraph (C). (v) Such other information as the Secretary shall require. (C) Consultation with health care stakeholders.-- Prior to the submission of an application to conduct a demonstration project under this section, a State shall consult with health care systems and providers, health plans (if relevant), consumer organizations and beneficiary advocates, and community-based organizations or other stakeholders in the area that the demonstration project will target to ensure that the proposed project addresses the health care needs of eligible pregnant or postpartum women in such area. (2) Selection of states and duration of projects.-- (A) In general.--The Secretary shall award grants to States that apply and meet the application requirements to conduct 4-year demonstration projects under this section. A State may request, and the Secretary shall determine the appropriateness of, an application of up to $10,000,000. (B) Selection of projects.--In selecting a State to conduct a demonstration project under this section, the Secretary shall ensure that the State is aware of the 4-year duration of the project and shall determine the State has satisfied the application requirements. (3) Waiver of statewideness and comparability requirement.--The Secretary shall waive compliance with section 1902(a)(1) of the Social Security Act (42 U.S.C. 1396a(a)(1)) (relating to statewideness) and section 1902(a)(10)(B) of such Act (42 U.S.C. 1396a(a)(10)(B)) (relating to comparability) to the extent necessary to allow selected States to conduct demonstration projects under this section. (d) Use of Grant Funds.--A State may use funds from a grant awarded under this section to connect eligible pregnant or postpartum women to telehealth services delivered via telehealth that are furnished by-- (1) primary and maternity care providers; (2) health care specialists; (3) behavioral health providers; and (4) other categories of health care providers identified by the Secretary. (e) Reports.-- (1) State reports.--Each State that is awarded a grant to conduct a demonstration project under this section shall submit the following reports to the Secretary: (A) Initial report.--An initial report on the first 18 months during which the demonstration project is conducted, not later than the last day of the 19th month of the demonstration project, as described in subparagraph (B). (B) Final report.--Not later than 6 months after the date on which the State's demonstration project ends, a final report that includes the following: (i) The number of eligible pregnant or postpartum women served under the demonstration project. (ii) The activities and services funded under the demonstration project, including the providers that received funds under the demonstration project. (iii) Demographic information about the eligible pregnant or postpartum women served under the demonstration project, if available. (iv) A description of the types of models or programs developed under the demonstration project. (v) How such models or programs impacted access to, and utilization of, telehealth services by eligible pregnant or postpartum women, including a description of how such models or programs addressed racial or ethnic disparities in access or utilization. (vi) Qualitative information on beneficiary experience. (vii) Challenges faced and lessons learned by the State in integrating (or increasing the integration of) telehealth into the delivery system for furnishing medical assistance to eligible pregnant or postpartum women in the areas targeted under the demonstration project. (2) Reports to congress.-- (A) Initial report.--Not later than 2 years after the date of enactment of this Act, the Secretary shall submit a report to Congress summarizing the information reported by States under paragraph (1)(A). (B) Final report.--Not later than 5 years after the date of enactment of this Act, the Secretary shall submit a report to Congress summarizing the information reported by States under paragraph (1)(B). SEC. 9. CMS REPORT ON COVERAGE OF REMOTE PHYSIOLOGIC MONITORING DEVICES AND IMPACT ON MATERNAL AND CHILD HEALTH OUTCOMES UNDER MEDICAID. (a) In General.--Not later than 18 months after the date of enactment of this Act, the Secretary shall submit to Congress a report containing information on authorities and State practices for covering remote physiological monitoring devices, including limitations and barriers to such coverage and the impact on maternal health outcomes, and to the extent appropriate, recommendations on how to address such limitations or barriers related to coverage of remote physiologic devices under State Medicaid programs, including, but not limited to, pulse oximeters, blood pressure cuffs, scales, and blood glucose monitors, with the goal of improving maternal and child health outcomes for pregnant and postpartum women enrolled in State Medicaid programs. (b) State Resources.--Not later than 6 months after the submission of the report required by subsection (a), the Secretary shall update resources for State Medicaid programs, such as State Medicaid telehealth toolkits, to be consistent with the recommendations provided in such report. SEC. 10. GUIDANCE ON COMMUNITY-BASED MATERNAL HEALTH PROGRAMS. Not later than 3 years after the date of enactment of this Act, the Secretary shall issue guidance to State Medicaid programs to support the use of evidence-based community-based maternal health programs, including programs that offer group prenatal care, home visiting services, childbirth and parenting education, peer supports, stillbirth prevention activities, and substance use disorder and recovery supports, under such programs, and any other programs as determined by the Secretary. SEC. 11. DEVELOPING GUIDANCE ON MATERNAL MORTALITY AND SEVERE MORBIDITY REDUCTION FOR MATERNAL CARE PROVIDERS RECEIVING PAYMENT UNDER THE MEDICAID PROGRAM. (a) In General.--Subject to the availability of appropriations, not later than 36 months after the date of enactment of this Act, the Secretary shall publish on a public website of the Centers for Medicare & Medicaid Services guidance for States on resources and strategies for hospitals, freestanding birth centers (as defined in section 1905(l)(3)(B) of the Social Security Act (42 U.S.C. 1396d(l)(3)(B))), and other maternal care providers as determined by the Secretary for reducing maternal mortality and severe morbidity in individuals who are eligible for and receiving medical assistance under Medicaid or CHIP. (b) Updates.--The Secretary shall update the guidance and resources described in subsection (a) at least once every 3 years. (c) Consultation With Advisory Committee.-- (1) Establishment.--Subject to the availability of appropriations, not later than 18 months after the date of enactment of this Act, the Secretary shall establish an advisory committee to be known as the ``National Advisory Committee on Reducing Maternal Deaths'' (referred to in this section as the ``Advisory Committee''). (2) Duties.--The Advisory Committee shall provide consensus advice and guidance to the Secretary on the development and compilation of the guidance described in subsection (a) (and any updates to such guidance). (3) Membership.-- (A) In general.--The Secretary, in consultation with such other heads of agencies, as the Secretary deems appropriate and in accordance with this paragraph, shall appoint not more than 41 members to the Advisory Committee. In appointing such members, the Secretary shall ensure that-- (i) the total number of members of the Advisory Committee is an odd number; and (ii) the total number of voting members who are not Federal officials does not exceed the total number of voting Federal members who are Federal officials. (B) Required members.-- (i) Federal officials.--The Advisory Committee shall include as voting members the following Federal officials, or their designees: (I) The Secretary. (II) The Administrator of the Centers for Medicare & Medicaid Services. (III) The Director of the Centers for Disease Control and Prevention. (IV) The Associate Administrator of the Maternal and Child Health Bureau of the Health Resources and Services Administration. (V) The Director of the Agency for Healthcare Research and Quality. (VI) The National Coordinator for Health Information Technology. (VII) The Director of the National Institutes of Health. (VIII) The Secretary of Veterans Affairs. (IX) The Director of the Indian Health Service. (X) The Deputy Assistant Secretary for Minority Health. (XI) The Administrator of the Substance Abuse and Mental Health Services Administration. (XII) The Deputy Assistant Secretary for Women's Health. (XIII) Such other Federal officials or their designees as the Secretary determines appropriate. (ii) Non-federal officials.-- (I) In general.--The Advisory Committee shall include the following as voting members: (aa) At least 1 representative from a professional organization representing hospitals and health systems. (bb) At least 1 representative from a medical professional organization representing primary care providers. (cc) At least 1 representative from a medical professional organization representing general obstetrician-gynecologists. (dd) At least 1 representative from a medical professional organization representing certified nurse- midwives. (ee) At least 1 representative from a medical professional organization representing other maternal fetal medicine providers. (ff) At least 1 representative from a medical professional organization representing anesthesiologists. (gg) At least 1 representative from a medical professional organization representing emergency medicine physicians and urgent care providers. (hh) At least 1 representative from a medical professional organization representing nurses. (ii) At least 1 representative from a professional organization representing community health workers. (jj) At least 1 representative from a professional organization representing doulas. (kk) At least 1 representative from a professional organization representing perinatal psychiatrists. (ll) At least 1 representative from State- affiliated programs or existing collaboratives with demonstrated expertise or success in improving maternal health. (mm) At least 1 director of a State Medicaid agency that has had demonstrated success in improving maternal health. (nn) At least 1 representative from an accrediting organization for maternal health quality and safety standards. (oo) At least 1 representative from a maternal patient advocacy organization with lived experience of severe maternal morbidity. (II) Requirements.--Each individual selected to be a member under this clause shall-- (aa) have expertise in maternal health; (bb) not be a Federal official; and (cc) have experience working with populations that are at higher risk for maternal mortality or severe morbidity, such as populations that experience racial, ethnic, and geographic health disparities, pregnant and postpartum women experiencing a mental health disorder, or pregnant or postpartum women with other comorbidities such as substance use disorders, hypertension, thyroid disorders, and sickle cell disease. (C) Additional members.-- (i) In general.--In addition to the members required to be appointed under subparagraph (B), the Secretary may appoint as non-voting members to the Advisory Committee such other individuals with relevant expertise or experience as the Secretary shall determine appropriate, which may include, but is not limited to, individuals described in clause (ii). (ii) Suggested additional members.--The individuals described in this clause are the following: (I) Representatives from State maternal mortality review committees and perinatal quality collaboratives. (II) Medical providers who care for women and infants during pregnancy and the postpartum period, such as family practice physicians, cardiologists, pulmonology critical care specialists, endocrinologists, pediatricians, and neonatologists. (III) Representatives from State and local public health departments, including State Medicaid Agencies. (IV) Subject matter experts in conducting outreach to women who are African American or belong to another minority group. (V) Directors of State agencies responsible for administering a State's maternal and child health services program under title V of the Social Security Act (42 U.S.C. 701 et seq.). (VI) Experts in medical education or physician training. (VII) Representatives from medicaid managed care organizations. (4) Applicability of faca.--The Federal Advisory Committee Act (5 U.S.C. App.) shall apply to the committee established under this subsection. (d) Contents.--The guidance described in subsection (a) shall include, with respect to hospitals, freestanding birth centers, and other maternal care providers, the following: (1) Best practices regarding evidence-based screening and clinician education initiatives relating to screening and treatment protocols for individuals who are at risk of experiencing complications related to pregnancy, with an emphasis on individuals with preconditions directly linked to pregnancy complications and maternal mortality and severe morbidity, including-- (A) methods to identify individuals who are at risk of maternal mortality or severe morbidity, including risk stratification; (B) evidence-based risk factors associated with maternal mortality or severe morbidity and racial, ethnic, and geographic health disparities; (C) evidence-based strategies to reduce risk factors associated with maternal mortality or severe morbidity through services which may be covered under Medicaid or CHIP, including, but not limited to, activities by community health workers (as such term is defined in section 2113 of the Social Security Act (42 U.S.C. 1397mm)) that are funded by a grant awarded under such section; (D) resources available to such individuals, such as nutrition assistance and education, home visitation, mental health and substance use disorder services, smoking cessation programs, pre-natal care, and other evidence-based maternal mortality or severe morbidity reduction programs; (E) examples of educational materials used by providers of obstetrics services; (F) methods for improving community centralized care, including providing telehealth services or home visits to increase and facilitate access to and engagement in prenatal and postpartum care and collaboration with home health agencies, community health centers, local public health departments, or clinics; (G) guidance on medical record diagnosis codes linked to maternal mortality and severe morbidity, including, if applicable, codes related to social risk factors, and methods for educating clinicians on the proper use of such codes; (H) risk appropriate transfer protocols during pregnancy, childbirth, and the postpartum period; and (I) any other information related to prevention and treatment of at-risk individuals determined appropriate by the Secretary. (2) Guidance on monitoring programs for individuals who have been identified as at risk of complications related to pregnancy. (3) Best practices for such hospitals, freestanding birth centers, and providers to make pregnant women aware of the complications related to pregnancy. (4) A fact sheet for providing pregnant women who are receiving care on an outpatient basis with a notice during the prenatal stage of pregnancy that-- (A) explains the risks associated with pregnancy, birth, and the postpartum period (including the risks of hemorrhage, preterm birth, sepsis, eclampsia, obstructed labor), chronic conditions (including high blood pressure, diabetes, heart disease, depression, and obesity) correlated with adverse pregnancy outcomes, risks associated with advanced maternal age, and the importance of adhering to a personalized plan of care; (B) highlights multimodal and evidence-based prevention and treatment techniques; (C) highlights evidence-based programs and activities to reduce the incidence of stillbirth (including tracking and awareness of fetal movements, improvement of birth timing for pregnancies with risk factors, initiatives that encourage safe sleeping positions during pregnancy, screening and surveillance for fetal growth restriction, efforts to achieve smoking cessation during pregnancy, community-based programs that provide home visits or other types of support, and any other research or evidence-based programming to prevent stillbirths); (D) provides for a method (through signature or otherwise) for such an individual, or a person acting on such individual's behalf, to acknowledge receipt of such fact sheet; (E) is worded in an easily understandable manner and made available in multiple languages and accessible formats determined appropriate by the Secretary; and (F) includes any other information determined appropriate by the Secretary. (5) A template for a voluntary clinician checklist that outlines the minimum responsibilities that clinicians, such as physicians, certified nurse-midwives, emergency room and urgent care providers, nurses and others, are expected to meet in order to promote quality and safety in the provision of obstetric services. (6) A template for a voluntary checklist that outlines the minimum responsibilities that hospital leadership responsible for direct patient care, such as the institution's president, chief medical officer, chief nursing officer, or other hospital leadership that directly report to the president or chief executive officer of the institution, should meet to promote hospital-wide initiatives that improve quality and safety in the provision of obstetric services. (7) Information on multi-stakeholder quality improvement initiatives, such as the Alliance for Innovation on Maternal Health, State perinatal quality improvement initiatives, and other similar initiatives determined appropriate by the Secretary, including-- (A) information about such improvement initiatives and how to join; (B) information about public maternal data collection centers; (C) information about quality metrics used and outcomes achieved by such improvement initiatives; (D) information about data sharing techniques used by such improvement initiatives; (E) information about data sources used by such improvement initiatives to identify maternal mortality and severe morbidity risks; (F) information about interventions used by such improvement initiatives to mitigate risks of maternal mortality and severe morbidity; (G) information about data collection techniques on race, ethnicity, geography, age, income, and other demographic information used by such improvement initiatives; and (H) any other information determined appropriate by the Secretary. (e) Inclusion of Best Practices.--Not later than 18 months after the date of the publication of the guidance required under subsection (a), the Secretary shall update such guidance to include best practices identified by the Secretary for such hospitals, freestanding birth centers, and providers to track maternal mortality and severe morbidity trends by clinicians at such hospitals, freestanding birth centers, and providers including-- (1) ways to establish scoring systems, which may include quality triggers and safety and quality metrics to score case and patient outcome metrics, for such clinicians; (2) methods to identify, educate, and improve such clinicians who may have higher rates of maternal mortality or severe morbidity compared to their regional or State peers (taking into account differences in patient risk for adverse outcomes, which may include social risk factors); (3) methods for using such data and tracking to enhance research efforts focused on maternal health, while also improving patient outcomes, clinician education and training, and coordination of care; and (4) any other information determined appropriate by the Secretary. (f) Cultural and Linguistic Appropriateness.--To the extent practicable, the Secretary should develop the guidance, best practices, fact sheets, templates, and other materials that are required under this section in a trauma-informed, culturally and linguistically appropriate manner. SEC. 12. COLLECTION OF INFORMATION RELATED TO SOCIAL DETERMINANTS OF THE HEALTH OF MEDICAID AND CHIP BENEFICIARIES. (a) Implementation Assessment Report to Congress.-- (1) In general.--Not later than 2 years after the date of enactment of this Act, the Secretary shall submit a report to Congress that includes a description of whether and how information related to the social determinants of health for individuals eligible for medical assistance under Medicaid or child health assistance or pregnancy-related assistance under CHIP may be captured under the data systems for such programs as in effect on the date such report is submitted, including-- (A) a description of whether and how ICD-10 codes (or successor codes) may be used to identify social determinants of health in programs such as Medicaid and CHIP, and whether other claims file or demographic information may be employed; and (B) a description of whether existing data systems under Medicaid and CHIP could be employed to capture such information, whether program or system changes would be required, how privacy and confidentiality as required under applicable law and regulations would be maintained, and the resources and timeframes at the Federal and State levels that would be needed to make such changes. (2) Guidance for states.--The Secretary shall issue detailed guidance for States concurrent with the submission of the report to Congress under paragraph (1). Such guidance shall address-- (A) whether and how information related to the social determinants of health for individuals eligible for medical assistance under Medicaid or child health assistance or pregnancy-related assistance under CHIP could be captured employing existing systems under such programs; and (B) implementation considerations for capturing such information, including whether program or system changes would be required, whether additional steps would be needed to maintain privacy and confidentiality as required under relevant laws and regulations, and the resources and timeframes at that would be needed to make such changes. (3) Stakeholder input.--The Secretary shall develop the report required under paragraph (1) and the guidance required under paragraph (2) with the input of relevant stakeholders, such as State Medicaid directors, medicaid managed care organizations, and other relevant Federal agencies such as the Centers for Disease Control and Prevention, the Health Resources Services Administration, and the Agency for Healthcare Research and Quality. (4) Action plan report.-- (A) In general.--If the Secretary determines in the report required under paragraph (1) that information related to the social determinants of health for individuals eligible for medical assistance under Medicaid or child health assistance or pregnancy- related assistance under CHIP cannot be captured under the data systems for such programs as in effect on the date such report is submitted, then, not later than 6 months after such date, the Secretary shall submit a second report to Congress that contains an action plan for implementing the program or data systems changes needed in order for such information to be collected while maintaining privacy and confidentiality as required under relevant laws and regulations. The action plan should be prepared so as to be implemented by the Federal Government and States not later than 2 years after the date on which the report required under this paragraph is submitted is submitted to Congress. (B) Revised guidance for states.--The Secretary shall revise and reissue the guidance for States required under paragraph (2) to take into account the action plan included in the report submitted to Congress under subparagraph (A). (5) Authorization of appropriations.-- (A) Federal costs.--There are authorized to be appropriated to the Secretary, $40,000,000 for purposes of preparing the reports required under this subsection and implementing the collection of information related to the social determinants of health for individuals eligible for medical assistance under Medicaid or child health assistance or pregnancy-related assistance under CHIP. (B) State costs.--There are authorized to be appropriated to the Secretary, $50,000,000 for purposes of making payments to States in accordance with a methodology established by the Secretary for State expenditures attributable to planning for and implementing the collection of such information in accordance with subsection (d) of section 1946 of the Social Security Act (42 U.S.C. 1396w-5) (as added by subsection (b)). (b) Application to States.--Section 1946 of the Social Security Act (42 U.S.C. 1396w-5) is amended by adding at the end the following: ``(d) Collection of Information Related to Social Determinants of Health.-- ``(1) Development of collection methods.-- ``(A) In general.--Subject to paragraph (5), the Secretary, in consultation with the States, shall develop a method for collecting standardized and aggregated State-level information related to social determinants that may factor into the health of beneficiaries under this title and beneficiaries under title XXI which the States, notwithstanding section 1902(a)(7) and as a condition for meeting the requirements of section 1902(a)(6) and section 2107(b)(1), shall use to annually report such information: ``(i) A model uniform reporting field through the transformed Medicaid Statistical Information System (T-MSIS) (or a successor system) or another appropriate reporting platform, as approved by the Secretary. ``(ii) A model uniform questionnaire or survey (which may be included as part of an existing survey, questionnaire, or form administered by the Secretary), for purposes of the State or the Secretary collecting such information by administering regularly but not less than annually a questionnaire or survey of beneficiaries under this title and beneficiaries under title XXI. ``(iii) A model uniform form to be adapted for inclusion in the Medicaid and CHIP Scorecard developed by the Centers for Medicare & Medicaid Services, for purposes of the Secretary collecting such information. ``(iv) An alternative method identified by the Secretary for collecting such information. ``(B) Implementation.--In carrying out the requirements of subparagraph (A), the Secretary shall-- ``(i) for purposes of the method described in clause (i) of such subparagraph, determine the appropriate providers and frequency with which such providers shall complete the reporting field identified and report the information to the State; ``(ii) for purposes of the method described in clause (ii) of such subparagraph, identify the means and frequency (which shall be no less frequent than once per year) with which a questionnaire or survey of beneficiaries is to be conducted; ``(iii) with respect to any method described in such subparagraph, issue guidance for ensuring compliance with applicable laws regarding beneficiary informed consent, privacy, and anonymity with respect to the information collected under such method; ``(iv) with respect to the collection of information relating to beneficiaries who are children, issue guidance on the collection of such information from a parent, legal guardian, or any other person who is legally authorized to share such information on behalf of the child when the direct collection of such information from children may not otherwise be feasible or appropriate; and ``(v) regularly evaluate the method under such subparagraph and the information reported using such method, and, as needed, make updates to the method and the information reported. ``(2) Social determinants of health.--The information collected in accordance with the method made available under paragraph (1) shall, to the extent practicable, include standardized definitions for identifying social determinants of health needs identified in the ICD-10 diagnostic codes Z55 through Z65 (or any such successor diagnostic codes), as defined by the Healthy People 2020 and related initiatives of the Office of Disease Prevention and Health Promotion of the Department of Health and Human Services, or any other standardized set of definitions for social determinants of health identified by the Secretary. Such definitions shall incorporate measures for quantifying the relative severity of any such social determinant of health need identified in an individual. ``(3) Federal privacy requirements.--Nothing in this subsection shall be construed to supersede any Federal privacy or confidentiality requirement, including the regulations promulgated under section 264(c) of the Health Insurance Portability and Accountability Act of 1996 and section 543 of the Public Health Service Act and any regulations promulgated thereunder. ``(4) Application to territories.-- ``(A) In general.--To the extent that the Secretary determines that it is not practicable for a State specified in subparagraph (B) to report information in accordance with the method made available under paragraph (1), this subsection shall not apply with respect to such State. ``(B) Territories specified.--The States specified in this subparagraph are Puerto Rico, the Virgin Islands, Guam, American Samoa, and the Northern Mariana Islands. ``(5) Application.-- ``(A) In general.--Subject to subparagraph (B), the requirement for a State to collect information in accordance with the method made available under paragraph (1) shall not apply to the State before the date that is 4 years after the date of enactment of this subsection. ``(B) Alternative date.--If an action plan is submitted to Congress under section 13(a)(4) of the Healthy Moms and Babies Act, in lieu of the date described in subparagraph (A), the requirement for a State to collect information in accordance with the method made available under paragraph (1) shall not apply to the State before the date specified in such action plan. ``(6) Appropriation.--There is appropriated to the Secretary for fiscal year 2023 and each fiscal year thereafter $1,000,000 to carry out the provisions of this section and subsection (b)(2)(B).''. (c) Report on Data Analyses.--Section 1946(b)(2) of such Act (42 U.S.C. 1396w-5(b)(2)) is amended-- (1) by striking ``Not later than'' and inserting the following: ``(A) Initial reports.--Not later than''; and (2) by adding at the end the following: ``(B) Reports on collection of information related to social determinants of health.-- ``(i) In general.--Not later than 5 years after the date on which the requirement to collect information under subsection (d) is first applicable to States, the Secretary shall submit to Congress a report that includes aggregate findings and trends across respective beneficiary populations for improving the identification of social determinants of health for beneficiaries under this title and beneficiaries under title XXI based on analyses of the data collected under subsection (d). ``(ii) Interim report.--Not later than 3 years after the date of enactment of this subparagraph, the Secretary shall submit to Congress an interim report on progress in developing, implementing, and utilizing the method selected by the Secretary under subsection (d)(1) along with any available, preliminary information that has been collected using such method.''. (d) Conforming Amendment.--Section 2107(e)(1) of the Social Security Act (42 U.S.C. 1397gg(e)(1)) is amended by adding at the end the following: ``(U) Section 1946 (relating to addressing health care disparities).''. SEC. 13. REPORT ON PAYMENT METHODOLOGIES FOR TRANSFERRING PREGNANT WOMEN BETWEEN FACILITIES BEFORE, DURING, AND AFTER CHILDBIRTH. (a) In General.--Subject to the availability of appropriations, not later than 36 months after the date of enactment of this Act, the Secretary shall submit to Congress a report on the payment methodologies under Medicaid for the antepartum, intrapartum, and postpartum transfer of pregnant women from one health care facility to another, including any potential disincentives or regulatory barriers to such transfers. (b) Consultation.--In developing the report required under subsection (a), the Secretary shall consult with the advisory committee established under section 12(c). SEC. 14. MEDICAID GUIDANCE ON STATE OPTIONS TO ADDRESS SOCIAL DETERMINANTS OF HEALTH FOR PREGNANT AND POSTPARTUM WOMEN. Not later than 1 year after the date of enactment of this Act, the Secretary shall issue guidance to States regarding options States may employ to address social determinants of health, as defined by the Healthy People 2030 and related initiatives of the Office of Disease Prevention and Health Promotion of the Department of Health and Human Services, including for pregnant and postpartum women. Such guidance shall, at a minimum, describe the authorities that States may leverage to support addressing the social determinants of health for pregnant and postpartum women and outline best practices for such efforts. SEC. 15. PAYMENT ERROR RATE MEASUREMENT (PERM) AUDIT AND IMPROVEMENT REQUIREMENTS. (a) Biennial PERM Audit Requirement.--Beginning with fiscal year 2024, the Administrator shall conduct payment error rate measurement (``PERM'') audits of each State Medicaid program on a biennial basis. (b) PERM Error Rate Reduction Plan Requirement.--Beginning with fiscal year 2025, any State with an overall PERM error rate exceeding 15 percent in a PERM audit conducted with respect to the State in the previous fiscal year shall publish a plan, in coordination with, and subject to the approval of, the Administrator, for how the State will reduce its PERM error rate below 15 percent in the current fiscal year. (c) Notification; Identification of Sources of Improper Payments.-- (1) Notification.--Not later than 6 months after the date of enactment of this Act, the Administrator shall notify the contractor conducting PERM audits of the Administrator's intent to modify contracts to require PERM audits not less than once every other year in each State. (2) Identification of sources of improper payments.--The Administrator shall direct the contractor conducting PERM audits of State Medicaid programs to identify areas known to be sources of improper payments under such programs to identify program areas or components known to be sources of high risk for improper payments under such programs. (d) State Medicaid Director Letter.--Not later than 12 months after the date of enactment of this Act, the Administrator shall issue a State Medicaid Director letter regarding State requirements under Federal law and regulations regarding avoiding and responding to improper payments under State Medicaid programs. (e) State Improper Payment Mitigation Plans.-- (1) In general.--Not later than January 1, 2023, each State Medicaid program shall submit to the Administrator a plan, which shall include specific actions and timeframes for taking such actions and achieving specified results, for mitigating improper payments under such program. (2) Publication of state plans.--The Administrator shall make State plans submitted under paragraph (1) available to the public. (f) Definitions.--In this section: (1) Administrator.--The term ``Administrator'' means the Administrator of the Centers for Medicare & Medicaid Services. (2) State.--The term ``State'' has the meaning given such term for purposes of title XIX of the Social Security Act (42 U.S.C. 1396 et seq.). (3) State medicaid program.--The term ``State Medicaid program'' means a State plan under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.), and includes any waiver of such a plan. <all>

Healthy Moms and Babies Act

A bill to amend titles XIX and XXI of the Social Security Act to improve maternal health coverage under Medicaid and CHIP, and for other purposes.

Healthy Moms and Babies Act

Sen. Grassley, Chuck

R

IA

H.R.2854

Energy

Utility Resilience and Reliability Act This bill addresses the reliability of electric energy provided by the bulk-power system, which includes facilities and control systems necessary for operating an interconnected electric energy transmission network. Specifically, the Electric Reliability Organization must file with the Federal Energy Regulatory Commission a proposed reliability standard that addresses the resilience of the bulk-power system. For example, the standard must address the system's ability to withstand and rapidly recover from disruptions, such as extreme weather conditions. The standard must take into account regional differences. In addition, the Department of Energy (DOE) must establish a program to provide information and recommendations to states and electric utilities on how to improve the resilience of electric grids. DOE must also post on its website a report that provides recommendations on how to minimize the need for, effects of, and duration of planned electric power outages that are due to extreme weather conditions.

To amend the Federal Power Act to require the Electric Reliability Organization to propose a reliability standard that addresses the resilience of the bulk-power system, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Utility Resilience and Reliability Act''. SEC. 2. PROPOSED RELIABILITY STANDARD. Section 215(d) of the Federal Power Act (16 U.S.C. 824o(d)) is amended by adding at the end the following new paragraph: ``(7) Resilience of Bulk-Power System.-- ``(A) In general.--Not later than 1 year after the date of enactment of this paragraph, the Electric Reliability Organization shall file with the Commission a proposed reliability standard that addresses the resilience of the bulk- power system. ``(B) Regional differences.--The proposed reliability standard filed under subsection (A) shall take into account regional differences. ``(C) Resilience defined.--In this paragraph, the term `resilience' means the ability to-- ``(i) prepare for and adapt to changing conditions; and ``(ii) withstand and rapidly recover from disruptions, including disruptions caused by extreme weather conditions.''. SEC. 3. ELECTRIC GRID RESILIENCE EDUCATION PROGRAM. (a) In General.--Not later than 1 year after the date of enactment of this section, the Secretary of Energy shall establish a program to provide information and recommendations to States and electric utilities on how to improve the resilience of electric grids. (b) Electric Utility Defined.--The term ``electric utility'' has the meaning given such term in section 3 of the Federal Power Act (16 U.S.C. 796). SEC. 4. REPORT ON PLANNED ELECTRIC POWER OUTAGES DUE TO EXTREME WEATHER CONDITIONS. Not later than 1 year after the date of enactment of this section, the Secretary of Energy shall submit to Congress a report, and publish such report on the website of the Department of Energy, that provides recommendations on how to minimize the need for, effects of, and duration of planned electric power outages that are due to extreme weather conditions, including such conditions under which the National Weather Service issues a red flag warning. <all>

Utility Resilience and Reliability Act

To amend the Federal Power Act to require the Electric Reliability Organization to propose a reliability standard that addresses the resilience of the bulk-power system, and for other purposes.

Utility Resilience and Reliability Act

Rep. Thompson, Mike

D

CA

H.R.8657

Health

Achieving Thorough Transparency and Accessibility for Information Navigation on Mental Health Act of 2022 or the ATTAIN Mental Health Act This bill requires the Department of Health and Human Services (HHS) to establish a public-facing, online dashboard to publicize federally funded mental health grants. The dashboard must contain, for example, program names and opening and closing dates for applications. In addition, HHS must establish a process to include information voluntarily provided by states about their federally supported mental health grants on the dashboard. In developing the dashboard, HHS must consult with appropriate federal departments and agencies and other stakeholders.

To establish an interactive online dashboard to allow the public to review information for Federal grant funding related to mental health programs. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Achieving Thorough Transparency and Accessibility for Information Navigation on Mental Health Act of 2022'' or the ``ATTAIN Mental Health Act''. SEC. 2. INTERACTIVE DASHBOARD. (a) Establishment.-- (1) In general.--Not later than 2 years after the date of enactment of this Act, the Secretary of Health and Human Services (referred to in this section as the ``Secretary'') shall establish and operate an interactive, internet website- based dashboard (referred to in this section as the ``dashboard'') that publicizes federally funded mental health related grants, for the purpose of enabling potential applicants for such grants, including applicants who would be eligible for a subgrant under such a program, to review such grants. (2) Design.--The public-facing, internet website-based dashboard shall be designed in a user-friendly, publicly accessible manner that complies with the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.), and helps entities identify mental health related grants for which applicants may be eligible, to facilitate funding opportunity communication and engagement. (3) Consultation.--In establishing the dashboard under paragraph (1), the Secretary shall consult with-- (A) the Director of the National Institutes of Health, the Assistant Secretary for Mental Health and Substance Use, the Director of the Indian Health Service, the Administrator of the Health Resources and Services Administration, the Secretary of Education, the Attorney General, the Secretary of Housing and Urban Development, the Secretary of Labor, the Secretary of Veterans Affairs, the Secretary of Defense, the Secretary of Homeland Security, and heads of other relevant agencies, as appropriate; and (B) relevant stakeholders who are the intended users of the dashboard, including elementary or secondary schools, institutions of higher education, including historically Black colleges and universities, tribal colleges or universities, and other minority- serving institutions, as such institutions are described in section 371(a) of the Higher Education Act of 1965 (20 U.S.C. 1067q), local educational agencies, State educational agencies, nonprofit organizations, tribal organizations, faith or community-based organizations, clinical researchers, mental health treatment facilities, mental and behavioral health providers, substance use disorder treatment providers, housing services, municipal governments, law enforcement agencies, first responders, drug courts, mental health courts, and veterans treatment courts, and which consultation shall be with respect to elements of the dashboard, such as search terms, links, and user-friendly format. (4) Implementation plan.--The Secretary, in consultation with representatives of relevant agencies, including representatives appointed by the heads of agencies described in paragraph (3)(A), shall, not later than 120 days after the date of enactment of this Act, issue a plan to launch the dashboard not later than 2 years after the date of enactment of this Act. (b) Updates.--The Secretary shall continually maintain the dashboard established under subsection (a) to keep all relevant, current grant opportunities posted. (c) Requirements.--The dashboard established under subsection (a) shall have an easy-to-use interface, and shall, at a minimum, meet the following requirements: (1) Provide the following information: (A) The name of each Federal grant program and, if different, the name of each associated State grant program, as available, that is designated for the purposes of mental health support, treatment, or assistance, or under which mental health support is an acceptable expenditure of grant funds. (B) With respect to the current fiscal year, for each program for which subgrants are not available, indicate whether applications for the Federal grant application period is open or closed, and the opening and closing dates. (C) For each program for which amounts have been awarded to States for the current fiscal year with respect to a block grant described in subsection (d)(2), include whether the relevant application period for a subgrant remains open at the State level, and whether there will be a new subgrant competition during the current fiscal year, if such information is available from the applicable State. (2) For purposes of assisting users in identifying programs included in the dashboard, including the following information with respect to each program listed: (A) Any associated authorization, report, appropriation, agency program, grant number, or other information useful in identifying the program. (B) Any subgrant name used by a State with respect to a Federal grant program known by the Secretary. (3) Allow potential grant applicants to search the dashboard by key categories and location, if applicable, for which grants are available. (4) Provide, as appropriate, access or links to the respective program information pages and online applications. (d) Acceptance and Integration of State Provided Data.-- (1) In general.--The Secretary shall accept and integrate into the dashboard information voluntarily submitted by States that is relevant to the purposes of such dashboard, as described in paragraphs (1) and (2) of subsection (a). (2) Block grants.--In the case of mental health resources made available through Federal block grants to States, or Federal funding for which a specific recipient is not identified prior to its distribution to a State, the Secretary shall establish a method for States to voluntarily identify where Federal grants were distributed for the purpose of enabling prospective applicants to recognize the program name for the funding that is used at the State level and any relevant direct website link to apply for the funding at the State level. <all>

ATTAIN Mental Health Act

To establish an interactive online dashboard to allow the public to review information for Federal grant funding related to mental health programs.

ATTAIN Mental Health Act Achieving Thorough Transparency and Accessibility for Information Navigation on Mental Health Act of 2022

Rep. Blunt Rochester, Lisa

D

DE

H.R.6515

Health

Responsible Path to Full Obamacare Repeal Act This bill repeals the Patient Protection and Affordable Care Act and the Health Care and Education Reconciliation Act of 2010, effective at the beginning of FY2023. Provisions of law amended by those acts are restored.

To repeal the Patient Protection and Affordable Care Act and the Health Care and Education Reconciliation Act of 2010. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Responsible Path to Full Obamacare Repeal Act''. SEC. 2. REPEAL OF THE PATIENT PROTECTION AND AFFORDABLE CARE ACT AND THE HEALTH CARE AND EDUCATION RECONCILIATION ACT OF 2010. (a) Patient Protection and Affordable Care Act.--Effective October 1, 2022, the Patient Protection and Affordable Care Act (Public Law 111-148) is repealed, and the provisions of law amended or repealed by such Act are restored or revived as if such Act had not been enacted. (b) Health Care and Education Reconciliation Act of 2010.-- Effective October 1, 2022, the Health Care and Education Reconciliation Act of 2010 (Public Law 111-152) is repealed, and the provisions of law amended or repealed by such Act are restored or revived as if such Act had not been enacted. <all>

Responsible Path to Full Obamacare Repeal Act

To repeal the Patient Protection and Affordable Care Act and the Health Care and Education Reconciliation Act of 2010.

Responsible Path to Full Obamacare Repeal Act

Rep. Biggs, Andy

R

AZ

H.R.7880

Education

Degrees Not Debt Act of 2022 This bill increases the maximum federal Pell Grant award. The bill also repeals the increased alternative minimum tax exemption for individuals and the increased estate and gift tax exemption.

To increase the total maximum Federal Pell Grant, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Degrees Not Debt Act of 2022''. SEC. 2. INCREASE IN THE MAXIMUM AMOUNT OF A FEDERAL PELL GRANT. (a) Award Year 2022-2023.--Section 401(b)(7)(C) of the Higher Education Act of 1965 (20 U.S.C. 1070a(b)(7)(C)) is amended-- (1) in clause (i)(I), by striking ``clause (iv)(II)'' and inserting ``clause (v)(II)''; (2) in clause (ii)(I), by striking ``clause (iv)(II)'' and inserting ``clause (v)(II)''; (3) by amending clause (iii) to read as follows: ``(iii) Award years 2018-2019 through 2021- 2022.--For award years 2018-2019 through 2021- 2022, the amount determined under this subparagraph for purposes of subparagraph (B)(iii) shall be equal to the amount determined under clause (ii) for award year 2017-2018.''; (4) by redesignating clause (iv) as clause (v); and (5) by inserting after clause (iii) (as amended by this subsection) the following: ``(iv) Award year 2022-2023.--For award year 2022-2023, the amount determined under this subparagraph for purposes of subparagraph (B)(iii) shall be equal to-- ``(I) $13,800; reduced by ``(II) the maximum Federal Pell Grant for which a student was eligible for the preceding award year, as specified in the last enacted appropriation Act applicable to that year; and ``(III) rounded to the nearest $5.''. (b) Award Year 2023-2024 and Subsequent Award Years.-- (1) Amendment to award amount.--Section 401(b)(5)(A)(i) of the Higher Education Act of 1965 (20 U.S.C. 1070a(b)(5)(A)(i)), as amended by section 703 of the FAFSA Simplification Act (title VII of division FF of Public Law 116-260), is amended to read as follows: ``(i) $13,800 reduced by the amount specified as the maximum Federal Pell Grant in the last enacted appropriation Act applicable to that award year, except that for each award year subsequent to award year 2023-2024, this clause shall be applied by substituting `the amount that is equal to $13,800, increased by a percentage equal to the annual adjustment percentage for the award year for which the amount under this subparagraph is being determined, then' for `$13,800'; and''. (2) Definition.--Section 401(a)(2) of the Higher Education Act of 1965 (20 U.S.C. 1070a(a)(2)), as amended by section 703 of the FAFSA Simplification Act (title VII of division FF of Public Law 116-260), is amended-- (A) in subparagraph (E), by striking ``and'' after the semicolon; (B) in subparagraph (F), by striking the period and inserting ``; and''; and (C) by adding at the end the following: ``(G) the term `annual adjustment percentage' as applied to an award year, is equal to the estimated percentage change in the Consumer Price Index (as determined by the Secretary, using the definition in section 478(f)) for the most recent calendar year ending prior to the beginning of that award year.''. (3) Effective date.--The amendments made by this subsection shall take effect as if included in section 703 of the FAFSA Simplification Act (title VII of division FF of Public Law 116- 260) and in accordance with section 701(b) of such Act. SEC. 3. REPEAL OF INCREASED ALTERNATIVE MINIMUM TAX EXEMPTION AMOUNT FOR INDIVIDUALS. (a) In General.--Section 55(d) of the Internal Revenue Code of 1986 is amended by striking paragraph (4). (b) Effective Date.--The amendment made by this section shall apply to taxable years beginning after December 31, 2021. SEC. 4. REPEAL OF INCREASED ESTATE AND GIFT TAX EXEMPTION. (a) In General.--Section 2010(c)(3)(C) of the Internal Revenue Code of 1986 is amended by striking ``January 1, 2026'' and inserting ``the date of the enactment of the Degrees Not Debt Act of 2022''. (b) Effective Date.--The amendment made by this section shall apply to estates of decedents dying and gifts made after the date of the enactment of this Act. <all>

Degrees Not Debt Act of 2022

To increase the total maximum Federal Pell Grant, and for other purposes.

Degrees Not Debt Act of 2022

Rep. Carbajal, Salud O.

D

CA

S.1840

Government Operations and Politics

Deceptive Practices and Voter Intimidation Prevention Act of 2021 This bill generally prohibits deceptive practices, false statements, and voter interference regarding federal elections. Specifically, the bill prohibits any person, within 60 days before a federal election, from communicating, causing to be communicated, or producing for communication certain information on voting, if the person (1) knows such information to be materially false, and (2) has the intent to impede or prevent another person from exercising the right to vote in an election. The bill also prohibits false statements regarding public endorsements and hindering, interfering with, or preventing voting or registering to vote. A private right of action for preventive relief is established for persons aggrieved by violations of these prohibitions. Criminal penalties are also established for violations. If the Department of Justice (DOJ) receives a credible report that materially false information has been or is being communicated in violation of these prohibitions, and state and local election officials have not adequately communicated corrected information, DOJ must communicate to the public accurate information designed to correct the materially false information.

To prohibit deceptive practices in Federal elections. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Deceptive Practices and Voter Intimidation Prevention Act of 2021''. SEC. 2. FINDINGS. Congress makes the following findings: (1) The right to vote by casting a ballot for one's preferred candidate is a fundamental right accorded to United States citizens by the Constitution, and the unimpeded exercise of this right is essential to the functioning of our democracy. (2) Historically, certain citizens, especially racial, ethnic, and language minorities, were prevented from voting because of significant barriers such as literacy tests, poll taxes, and property ownership requirements. (3) Some of these barriers were removed by the 15th, 19th, and 24th Amendments to the Constitution. (4) Despite the elimination of some of these barriers to the polls, the integrity of today's elections is threatened by newer tactics aimed at suppressing voter turnout. These tactics include ``deceptive practices,'' which involve the dissemination of false or misleading information intended to prevent voters from casting their ballots, prevent voters from voting for the candidate of their choice, intimidate the electorate, and undermine the integrity of the electoral process. (5) Furthermore, since the decision in Shelby County v. Holder in which the Supreme Court struck down the coverage formula used by the Voting Rights Act of 1965 to determine which States with a history of racial discrimination must affirmatively receive government permission before changing local voting laws, there have been Federal court decisions finding or affirming that States or localities intentionally discriminated against African Americans and other voters of color. (6) Denials of the right to vote, and deceptive practices designed to prevent members of racial, ethnic, and language minorities from exercising that right, are an outgrowth of discriminatory history, including slavery. Measures to combat denials of that right are a legitimate exercise of congressional power under article I, section 4 and article II, section 1 of, and the 14th and 15th Amendments to, the United States Constitution. (7) For the last few decades, there have been a number of instances of deceptive or intimidating practices aimed towards suppressing minority access to the voting booth that demonstrates the need for strengthened protections. (8) In addition, in at least one instance in 1990, thousands of voters reportedly received postcards providing false information about voter eligibility and warnings about criminal penalties for voter fraud. Most of the voters who received the postcards were African-American. (9) During the 2004 elections, Native American voters in South Dakota reported being required to provide photographic identification in order to vote, despite the fact that neither State nor Federal law required such identification. (10) In the 2006 midterm elections, thousands of Latino voters received mailings warning them in Spanish that voting in a Federal election as an immigrant could result in incarceration--despite the fact that any immigrant who is a naturalized citizen of the United States has the same right to vote as any other citizen. (11) In 2008, fliers were distributed in predominantly African-American neighborhoods falsely warning that people with outstanding warrants or unpaid parking tickets could be arrested if they showed up at the polls on election day. In the same year, there were reports of people receiving text messages on election day asking them to wait until the following day to vote. (12) In 2012, there were reports of voters receiving calls falsely informing them that they could vote via telephone. (13) On January 6, 2017, the Office of the Director of National Intelligence published a report titled ``Assessing Russian Activities and Intentions in Recent U.S. Elections'', noting that ``Russian President Vladimir Putin ordered an influence campaign in 2016 aimed at the U.S. Presidential election.''. Moscow's influence campaign followed a Russian messaging strategy that blends covert intelligence operation-- such as cyber activity--with overt efforts by Russian Government agencies, State-funded media, third-party intermediaries, and paid social media users or ``trolls.'' These influence operations included messaging that targeted African-American voters with misinformation. (14) On April 18, 2019, Special Counsel Robert Mueller released a report titled ``Report on the Investigation into Russian Interference in the 2016 Presidential Election'', which concluded that ``the Russian government interfered in the 2016 presidential election in sweeping and systematic fashion.''. The report details that Russia interfered in the 2016 presidential election principally through two operations: first, through a Russian government sponsored social media influence campaign, and second, by Russian intelligence ``computer-intrusion'' operations against those associated with both presidential campaigns. The Mueller Report details how Russian agents intentionally targeted black social justice groups and created fake accounts purporting to represent black social justice groups in order to spread disinformation and sow division. (15) Social media makes the mass dissemination of misleading information easy and allows perpetrators to target particular audiences with precision. One analysis documented hundreds of messages on Facebook and Twitter designed to discourage or prevent people from voting in the 2018 election. In 2016, these false statements were extremely prevalent with both domestic and foreign actors. Russian operatives engaged in a concerted disinformation and propaganda campaign over the internet that aimed, in part, to suppress voter turnout, especially among Black voters. These efforts by the Russian government continued and became more aggressive in the 2020 election cycle. (16) During the 2020 presidential election, Texas voters received robocalls stating that the Democratic primary would be taking place after its actual date. In the same year, communities of color in Michigan, Pennsylvania, Ohio, Illinois, and New York were targeted by robocalls sharing false information about how their data would be shared if they voted by mail. Widespread disinformation was targeted at Latino communities in Florida and other States, particularly through social media. (17) During the 2020 presidential election, voters in some precincts faced voter intimidation during early voting and on election day. The Election Protection hotline received nearly 32,000 calls on election day. Reports from the Voting Rights Defender and Prepared to Vote project teams and the NAACP Legal Defense and Educational Fund, Inc. showed that minority voters were disproportionately impacted by voter intimidation. Incidents included 3,000,000 robocalls telling people to stay home on election day and armed people at polling sites on election day in Florida, North Carolina, and Louisiana. Additionally, election officials, volunteers, and electors faced unprecedented intimidation including doxxing, death threats, and other intimidating communication. (18) Those responsible for these and similar efforts should be held accountable, and civil and criminal penalties should be available to punish anyone who seeks to keep voters away from the polls by providing false information. (19) Moreover, the Federal Government should help correct such false information in order to assist voters in exercising their right to vote without confusion and to preserve the integrity of the electoral process. (20) The Federal Government has a compelling interest in ``protecting voters from confusion and undue influence'' and in ``preserving the integrity of its election process''. Burson v. Freeman, 504 U.S. 191, 199 (1992). (21) The First Amendment does not preclude the regulation of some intentionally false speech, even if it is political in nature. As the Supreme Court of the United States has recognized, ``[t]hat speech is used as a tool for political ends does not automatically bring it under the protective mantle of the Constitution. For the use of the known lie as a tool is at once at odds with the premises of democratic government and with the orderly manner in which economic, social, or political change is to be effected. . . . Hence the knowingly false statement and the false statement made with reckless disregard of the truth, do not enjoy constitutional protection.''. Garrison v. Louisiana, 379 U.S. 64, 75 (1964). SEC. 3. PROHIBITION ON DECEPTIVE PRACTICES IN FEDERAL ELECTIONS. (a) Prohibition.--Subsection (b) of section 2004 of the Revised Statutes (52 U.S.C. 10101(b)) is amended-- (1) by striking ``No person'' and inserting the following: ``(1) In general.--No person''; and (2) by inserting at the end the following new paragraphs: ``(2) False statements regarding federal elections.-- ``(A) Prohibition.--No person, whether acting under color of law or otherwise, shall, within 60 days before an election described in paragraph (5), by any means, including by means of written, electronic, or telephonic communications, communicate or cause to be communicated information described in subparagraph (B), or produce information described in subparagraph (B) with the intent that such information be communicated, if such person-- ``(i) knows such information to be materially false; and ``(ii) has the intent to impede or prevent another person from exercising the right to vote in an election described in paragraph (5). ``(B) Information described.--Information is described in this subparagraph if such information is regarding-- ``(i) the time, place, or manner of holding any election described in paragraph (5); or ``(ii) the qualifications for or restrictions on voter eligibility for any such election, including-- ``(I) any criminal penalties associated with voting in any such election; or ``(II) information regarding a voter's registration status or eligibility. ``(3) False statements regarding public endorsements.-- ``(A) Prohibition.--No person, whether acting under color of law or otherwise, shall, within 60 days before an election described in paragraph (5), by any means, including by means of written, electronic, or telephonic communications, communicate, or cause to be communicated, a materially false statement about an endorsement, if such person-- ``(i) knows such statement to be false; and ``(ii) has the intent to impede or prevent another person from exercising the right to vote in an election described in paragraph (5). ``(B) Definition of `materially false'.--For purposes of subparagraph (A), a statement about an endorsement is `materially false' if, with respect to an upcoming election described in paragraph (5)-- ``(i) the statement states that a specifically named person, political party, or organization has endorsed the election of a specific candidate for a Federal office described in such paragraph; and ``(ii) such person, political party, or organization has not endorsed the election of such candidate. ``(4) Hindering, interfering with, or preventing voting or registering to vote.--No person, whether acting under color of law or otherwise, shall intentionally hinder, interfere with, or prevent another person from voting, registering to vote, or aiding another person to vote or register to vote in an election described in paragraph (5). ``(5) Election described.--An election described in this paragraph is any general, primary, run-off, or special election held solely or in part for the purpose of nominating or electing a candidate for the office of President, Vice President, presidential elector, Member of the Senate, Member of the House of Representatives, or Delegate or Commissioner from a Territory or possession.''. (b) Private Right of Action.-- (1) In general.--Subsection (c) of section 2004 of the Revised Statutes (52 U.S.C. 10101(c)) is amended-- (A) by striking ``Whenever any person'' and inserting the following: ``(1) Whenever any person''; and (B) by adding at the end the following new paragraph: ``(2) Any person aggrieved by a violation of subsection (b)(2), (b)(3), or (b)(4) may institute a civil action for preventive relief, including an application in a United States district court for a permanent or temporary injunction, restraining order, or other order. In any such action, the court, in its discretion, may allow the prevailing party a reasonable attorney's fee as part of the costs.''. (2) Conforming amendments.-- (A) Subsection (e) of section 2004 of the Revised Statutes (52 U.S.C. 10101(e)) is amended by striking ``subsection (c)'' and inserting ``subsection (c)(1)''. (B) Subsection (g) of section 2004 of the Revised Statutes (52 U.S.C. 10101(g)) is amended by striking ``subsection (c)'' and inserting ``subsection (c)(1)''. (c) Criminal Penalties.-- (1) Deceptive acts.--Section 594 of title 18, United States Code, is amended-- (A) by striking ``Whoever'' and inserting the following: ``(a) Intimidation.--Whoever''; (B) in subsection (a), as inserted by subparagraph (A), by striking ``at any election'' and inserting ``at any general, primary, run-off, or special election''; and (C) by adding at the end the following new subsections: ``(b) Deceptive Acts.-- ``(1) False statements regarding federal elections.-- ``(A) Prohibition.--It shall be unlawful for any person, whether acting under color of law or otherwise, within 60 days before an election described in subsection (e), by any means, including by means of written, electronic, or telephonic communications, to communicate or cause to be communicated information described in subparagraph (B), or produce information described in subparagraph (B) with the intent that such information be communicated, if such person-- ``(i) knows such information to be materially false; and ``(ii) has the intent to mislead voters, or the intent to impede or prevent another person from exercising the right to vote in an election described in subsection (e). ``(B) Information described.--Information is described in this subparagraph if such information is regarding-- ``(i) the time or place of holding any election described in subsection (e); or ``(ii) the qualifications for or restrictions on voter eligibility for any such election, including-- ``(I) any criminal penalties associated with voting in any such election; or ``(II) information regarding a voter's registration status or eligibility. ``(2) Penalty.--Any person who violates paragraph (1) shall be fined not more than $100,000, imprisoned for not more than 5 years, or both. ``(c) Hindering, Interfering With, or Preventing Voting or Registering To Vote.-- ``(1) Prohibition.--It shall be unlawful for any person, whether acting under color of law or otherwise, to corruptly hinder, interfere with, or prevent another person from voting, registering to vote, or aiding another person to vote or register to vote in an election described in subsection (e). ``(2) Penalty.--Any person who violates paragraph (1) shall be fined not more than $100,000, imprisoned for not more than 5 years, or both. ``(d) Attempt.--Any person who attempts to commit any offense described in subsection (a), (b)(1), or (c)(1) shall be subject to the same penalties as those prescribed for the offense that the person attempted to commit. ``(e) Election Described.--An election described in this subsection is any general, primary, run-off, or special election held solely or in part for the purpose of nominating or electing a candidate for the office of President, Vice President, presidential elector, Member of the Senate, Member of the House of Representatives, or Delegate or Commissioner from a Territory or possession.''. (2) Modification of penalty for voter intimidation.-- Section 594(a) of title 18, United States Code, as amended by paragraph (1), is amended by striking ``fined under this title or imprisoned not more than one year'' and inserting ``fined not more than $100,000, imprisoned for not more than 5 years''. (3) Sentencing guidelines.-- (A) Review and amendment.--Not later than 180 days after the date of enactment of this Act, the United States Sentencing Commission, pursuant to its authority under section 994 of title 28, United States Code, and in accordance with this section, shall review and, if appropriate, amend the Federal sentencing guidelines and policy statements applicable to persons convicted of any offense under section 594 of title 18, United States Code, as amended by this section. (B) Authorization.--The United States Sentencing Commission may amend the Federal Sentencing Guidelines in accordance with the procedures set forth in section 21(a) of the Sentencing Act of 1987 (28 U.S.C. 994 note) as though the authority under that section had not expired. (4) Payments for refraining from voting.--Subsection (c) of section 11 of the Voting Rights Act of 1965 (52 U.S.C. 10307) is amended by striking ``either for registration to vote or for voting'' and inserting ``for registration to vote, for voting, or for not voting''. SEC. 4. CORRECTIVE ACTION. (a) Corrective Action.-- (1) In general.--If the Attorney General receives a credible report that materially false information has been or is being communicated in violation of paragraphs (2) and (3) of section 2004(b) of the Revised Statutes (52 U.S.C. 10101(b)), as added by section 3(a), and if the Attorney General determines that State and local election officials have not taken adequate steps to promptly communicate accurate information to correct the materially false information, the Attorney General shall, pursuant to the written procedures and standards under subsection (b), communicate to the public, by any means, including by means of written, electronic, or telephonic communications, accurate information designed to correct the materially false information. (2) Communication of corrective information.--Any information communicated by the Attorney General under paragraph (1)-- (A) shall-- (i) be accurate and objective; (ii) consist of only the information necessary to correct the materially false information that has been or is being communicated; and (iii) to the extent practicable, be by a means that the Attorney General determines will reach the persons to whom the materially false information has been or is being communicated; and (B) shall not be designed to favor or disfavor any particular candidate, organization, or political party. (b) Written Procedures and Standards for Taking Corrective Action.-- (1) In general.--Not later than 180 days after the date of enactment of this Act, the Attorney General shall publish written procedures and standards for determining when and how corrective action will be taken under this section. (2) Inclusion of appropriate deadlines.--The procedures and standards under paragraph (1) shall include appropriate deadlines, based in part on the number of days remaining before the upcoming election. (3) Consultation.--In developing the procedures and standards under paragraph (1), the Attorney General shall consult with the Election Assistance Commission, State and local election officials, civil rights organizations, voting rights groups, voter protection groups, and other interested community organizations. (c) Authorization of Appropriations.--There are authorized to be appropriated to the Attorney General such sums as may be necessary to carry out this Act. SEC. 5. REPORTS TO CONGRESS. (a) In General.--Not later than 180 days after each general election for Federal office, the Attorney General shall submit to Congress a report compiling all allegations received by the Attorney General of deceptive practices described in paragraphs (2), (3), and (4) of section 2004(b) of the Revised Statutes (52 U.S.C. 10101(b)), as added by section 3(a), relating to the general election for Federal office and any primary, run-off, or a special election for Federal office held in the 2 years preceding the general election. (b) Contents.-- (1) In general.--Each report submitted under subsection (a) shall include-- (A) a description of each allegation of a deceptive practice described in subsection (a), including the geographic location, racial and ethnic composition, and language minority-group membership of the persons toward whom the alleged deceptive practice was directed; (B) the status of the investigation of each allegation described in subparagraph (A); (C) a description of each corrective action taken by the Attorney General under section 4(a) in response to an allegation described in subparagraph (A); (D) a description of each referral of an allegation described in subparagraph (A) to other Federal, State, or local agencies; (E) to the extent information is available, a description of any civil action instituted under section 2004(c)(2) of the Revised Statutes (52 U.S.C. 10101(c)(2)), as added by section 3(b), in connection with an allegation described in subparagraph (A); and (F) a description of any criminal prosecution instituted under section 594 of title 18, United States Code, as amended by section 3(c), in connection with the receipt of an allegation described in subparagraph (A) by the Attorney General. (2) Exclusion of certain information.-- (A) In general.--The Attorney General shall not include in a report submitted under subsection (a) any information protected from disclosure by rule 6(e) of the Federal Rules of Criminal Procedure or any Federal criminal statute. (B) Exclusion of certain other information.--The Attorney General may determine that the following information shall not be included in a report submitted under subsection (a): (i) Any information that is privileged. (ii) Any information concerning an ongoing investigation. (iii) Any information concerning a criminal or civil proceeding conducted under seal. (iv) Any other nonpublic information that the Attorney General determines the disclosure of which could reasonably be expected to infringe on the rights of any individual or adversely affect the integrity of a pending or future criminal investigation. (c) Report Made Public.--On the date that the Attorney General submits the report under subsection (a), the Attorney General shall also make the report publicly available through the Internet and other appropriate means. SEC. 6. SEVERABILITY. If any provision of this Act or any amendment made by this Act, or the application of a provision or amendment to any person or circumstance, is held to be unconstitutional, the remainder of this Act and the amendments made by this Act, and the application of the provisions and amendments to any person or circumstance, shall not be affected by the holding. <all>

Deceptive Practices and Voter Intimidation Prevention Act of 2021

A bill to prohibit deceptive practices in Federal elections.

Deceptive Practices and Voter Intimidation Prevention Act of 2021

Sen. Cardin, Benjamin L.

D

MD

H.R.1335

Environmental Protection

Fostering and Realizing Electrification by Encouraging Zero Emission Refrigeration Trucks Act of 2021 or the FREEZER Trucks Act of 2021 This bill requires the Environmental Protection Agency to establish a pilot program to award grants, rebates, or low-cost revolving loans for electrifying or retiring diesel-powered transport refrigeration units in certain heavy-duty vehicles (e.g., commercial trucks).

To direct the Administrator of the Environmental Protection Agency to carry out a pilot program to award grants for the electrification of certain refrigerated vehicles, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``FREEZER Trucks Act of 2021'' or the ``Fostering and Realizing Electrification by Encouraging Zero Emission Refrigeration Trucks Act of 2021''. SEC. 2. PILOT PROGRAM FOR THE ELECTRIFICATION OF CERTAIN REFRIGERATED VEHICLES. (a) Establishment of Pilot Program.--The Administrator shall establish and carry out a pilot program to award funds, in the form of grants, rebates, and low-cost revolving loans, as determined appropriate by the Administrator, on a competitive basis, to eligible entities to carry out projects described in subsection (b). (b) Projects.--An eligible entity receiving an award of funds under subsection (a) may use such funds only for one or more of the following projects: (1) Transport refrigeration unit replacement.--A project to retrofit a heavy-duty vehicle by replacing or retrofitting the existing diesel-powered transport refrigeration unit in such vehicle with an electric transport refrigeration unit and retiring the replaced unit for scrappage. (2) Shore power infrastructure.--A project to purchase and install shore power infrastructure or other equipment that enables transport refrigeration units to connect to electric power and operate without using diesel fuel. (c) Maximum Amounts.--The amount of an award of funds under subsection (a) shall not exceed-- (1) for the costs of a project described in subsection (b)(1), 75 percent of such costs; and (2) for the costs of a project described in subsection (b)(2), 55 percent of such costs. (d) Applications.--To be eligible to receive an award of funds under subsection (a), an eligible entity shall submit to the Administrator an application at such time, in such manner, and containing such information as the Administrator may require, including-- (1) a description of the air quality in the area served by the eligible entity, including a description of how the air quality is affected by diesel emissions from heavy-duty vehicles; (2) a description of the project proposed by the eligible entity, including-- (A) any technology to be used or funded by the eligible entity; and (B) a description of the heavy-duty vehicle or vehicles of the eligible entity, that will be retrofitted, if any, including-- (i) the number of such vehicles; (ii) the uses of such vehicles; (iii) the locations where such vehicles dock for the purpose of loading or unloading; and (iv) the routes driven by such vehicles, including the times at which such vehicles are driven; (3) an estimate of the cost of the proposed project; (4) a description of the age and expected lifetime control of the equipment used or funded by the eligible entity; and (5) provisions for the monitoring and verification of the project including to verify scrappage of any replaced units. (e) Priority.--In awarding funds under subsection (a), the Administrator shall give priority to proposed projects that, as determined by the Administrator-- (1) maximize public health benefits; (2) are the most cost-effective; and (3) will serve the communities that are most polluted by diesel motor emissions, including communities that the Administrator identifies as being in either nonattainment or maintenance of the national ambient air quality standards for a criteria pollutant under section 109 of the Clean Air Act (42 U.S.C. 7409), particularly for-- (A) ozone; and (B) particulate matter. (f) Data Release.--Not later than 120 days after the date on which an award of funds is made under this section, the Administrator shall publish on the website of the Environmental Protection Agency, on a downloadable electronic database, information with respect to such award of funds, including-- (1) the name and location of the recipient; (2) the total amount of funds awarded; (3) the intended use or uses of the awarded funds; (4) the date on which the award of funds was approved; (5) where applicable, an estimate of any air pollution or greenhouse gas emissions avoided as a result of the project funded by the award; and (6) any other data the Administrator determines to be necessary for an evaluation of the use and effect of awarded funds provided under this section. (g) Reports to Congress.-- (1) Annual report to congress.--Not later than 1 year after the date of the establishment of the pilot program under this section, and annually thereafter until amounts made available to carry out this section are fully expended, the Administrator shall submit to Congress and make available to the public a report that describes, with respect to the applicable year-- (A) the number of applications for awards of funds received under such program; (B) all awards of funds made under such program, including a summary of the data described in subsection (f); (C) the estimated reduction of annual emissions of air pollutants regulated under section 109 of the Clean Air Act (42 U.S.C. 7409), and the estimated reduction of greenhouse gas emissions, associated with the awards of funds made under such program; (D) the number of awards of funds made under such program for projects in communities described in subsection (e)(3); and (E) any other data the Administrator determines to be necessary to describe the implementation, outcomes, or effectiveness of such program. (2) Final report.--Not later than 1 year after amounts made available to carry out this section are fully expended, or 5 years after the pilot program is established, whichever comes first, the Administrator shall submit to Congress and make available to the public a report that describes-- (A) all of the information collected for the annual reports under paragraph (1); (B) any benefits to the environment or human health that could result from the widespread application of electric transport refrigeration units for short-haul transportation and delivery of perishable goods or other goods requiring climate-controlled conditions, including in low-income communities and communities of color; (C) any challenges or benefits that recipients of awards of funds under such program reported with respect to the integration or use of electric transport refrigeration units and associated technologies; (D) an assessment of the national market potential for electric transport refrigeration units; (E) an assessment of challenges and opportunities for widespread deployment of electric transport refrigeration units, including in urban areas; and (F) recommendations for how future Federal, State, and local programs can best support the adoption and widespread deployment of electric transport refrigeration units. (h) Definitions.--In this section: (1) Administrator.--The term ``Administrator'' means the Administrator of the Environmental Protection Agency. (2) Diesel-powered transport refrigeration unit.--The term ``diesel-powered transport refrigeration unit'' means a transport refrigeration unit that is powered by an independent diesel internal combustion engine. (3) Electric transport refrigeration unit.--The term ``electric transport refrigeration unit'' means a transport refrigeration unit in which the refrigeration or climate- control system is driven by an electric motor when connected to shore power infrastructure or other equipment that enables transport refrigeration units to connect to electric power, including all-electric transport refrigeration units, hybrid electric transport refrigeration units, and standby electric transport refrigeration units. (4) Eligible entity.--The term ``eligible entity'' means-- (A) a regional, State, local, or Tribal agency, or port authority, with jurisdiction over transportation or air quality; (B) a nonprofit organization or institution that-- (i) represents or provides pollution reduction or educational services to individuals or organizations that own or operate heavy-duty vehicles or fleets of heavy- duty vehicles; or (ii) has, as its principal purpose, the promotion of air quality; (C) an individual or entity that is the owner of record of a heavy-duty vehicle or a fleet of heavy-duty vehicles that operates for the transportation and delivery of perishable goods or other goods requiring climate-controlled conditions; (D) an individual or entity that is the owner of record of a facility that operates as a warehouse or storage facility for perishable goods or other goods requiring climate-controlled conditions; or (E) a hospital or public health institution that utilizes refrigeration for storage of perishable goods or other goods requiring climate-controlled conditions. (5) Heavy-duty vehicle.--The term ``heavy-duty vehicle'' means-- (A) a commercial truck or van-- (i) used for the primary purpose of transporting perishable goods or other goods requiring climate-controlled conditions; and (ii) with a gross vehicle weight rating greater than 6,000 pounds; or (B) an insulated cargo trailer used in transporting perishable goods or other goods requiring climate- controlled conditions when mounted on a semitrailer. (6) Shore power infrastructure.--The term ``shore power infrastructure'' means electrical infrastructure that provides power to the electric transport refrigeration unit of a heavy- duty vehicle when such vehicle is stationary on a property where such vehicle is parked or loaded, including a food distribution center or other location where heavy-duty vehicles congregate. (7) Transport refrigeration unit.--The term ``transport refrigeration unit'' means a climate-control system installed on a heavy-duty vehicle for the purpose of maintaining the quality of perishable goods or other goods requiring climate- controlled conditions. (i) Authorization of Appropriations.-- (1) In general.--There is authorized to be appropriated to carry out this section $30,000,000, to remain available until expended. (2) Administrative expenses.--The Administrator may use not more than 1 percent of amounts made available pursuant to paragraph (1) for administrative expenses to carry out this section. <all>

Fostering and Realizing Electrification by Encouraging Zero Emission Refrigeration Trucks Act of 2021

To direct the Administrator of the Environmental Protection Agency to carry out a pilot program to award grants for the electrification of certain refrigerated vehicles, and for other purposes.

FREEZER Trucks Act of 2021 Fostering and Realizing Electrification by Encouraging Zero Emission Refrigeration Trucks Act of 2021

Rep. Clarke, Yvette D.

D

NY

H.R.1456

International Affairs

Peace Corps Reauthorization Act of 2022 This bill reauthorizes through FY2024 and modifies operations of the Peace Corps. Changes include increasing the readjustment allowance paid to volunteers when their service terminates and providing statutory authority for an executive order that grants returned volunteers noncompetitive eligibility for federal civil-service positions. Additionally, the bill entitles returned volunteers to sixty days of health care benefits. The Peace Corps must also provide volunteers with information about enrolling in U.S. health plans before service termination and mental health care during and after service. The bill also includes provisions to address involuntary termination of Peace Corps service in emergencies, including by expediting re-enrollment of involuntarily terminated volunteers. The Peace Corps must also adequately insure volunteers' safety and must coordinate with the Department of State to periodically update agreements concerning the security of Peace Corps volunteers and staff abroad. The bill also Furthermore, the bill requires reporting, including on the provision of mental health services to volunteers.

To amend the Peace Corps Act to reauthorize the Peace Corps, better support current and returned volunteers, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Peace Corps Reauthorization Act of 2022''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Authorization of appropriations; integration of information age Peace Corps volunteer opportunities. Sec. 3. Readjustment allowances; expedited re-enrollment and transition assistance. Sec. 4. Health care continuation for Peace Corps volunteers. Sec. 5. Access to antimalarial drugs and menstrual products for Peace Corps volunteers. Sec. 6. Codification of Executive Order 11103. Sec. 7. Volunteers providing virtual services for the Peace Corps. Sec. 8. Protection of Peace Corps volunteers against reprisal or retaliation. Sec. 9. Comprehensive illegal drug use policy with respect to Peace Corps volunteers. Sec. 10. Peace Corps National Advisory Council. Sec. 11. Peace Corps volunteers serving within the United States at the request of another agency. Sec. 12. Use of official seal, emblem, and name of the Peace Corps. Sec. 13. Clarification regarding eligibility of United States nationals. Sec. 14. Memorandum of Agreement with Bureau of Diplomatic Security of the Department of State. Sec. 15. Reports to Congress. Sec. 16. Workers compensation for Peace Corps volunteers. Sec. 17. Technical and conforming edits. Sec. 18. Determination of budgetary effects. SEC. 2. AUTHORIZATION OF APPROPRIATIONS; INTEGRATION OF INFORMATION AGE PEACE CORPS VOLUNTEER OPPORTUNITIES. Section 3 of the Peace Corps Act (22 U.S.C. 2502) is amended-- (1) in subsection (b)(1), by striking ``$270,000,000 for fiscal year 2000, $298,000,000 for fiscal year 2001, $327,000,000 for fiscal year 2002, and $365,000,000 for fiscal year 2003'' and inserting ``$430,500,000 for each of fiscal years 2023 and 2024''; (2) by redesignating subsection (h) as subsection (e); and (3) by adding at the end the following new subsection: ``(f) In recognition of the transformative power of internet access in international development efforts, and, as exemplified by its virtual service pilot initiative, the Peace Corps shall be administered to-- ``(1) give particular attention to the expansion of those programs, projects, training, and other activities that leverage the internet, as appropriate, for development, education, and social and economic mobility; and ``(2) develop positions for Peace Corps volunteers that include such programs, projects, training, and other activities.''. SEC. 3. READJUSTMENT ALLOWANCES; EXPEDITED RE-ENROLLMENT AND TRANSITION ASSISTANCE. (a) Volunteers.--Section 5 of the Peace Corps Act (22 U.S.C. 2504) is amended-- (1) in the first sentence of subsection (b), by inserting ``, safety,'' after ``health''; (2) in subsection (c)-- (A) in the first sentence, by striking ``$125'' and inserting ``$375''; (B) by striking ``his'' each place it appears and inserting ``the volunteer's''; and (C) by striking ``he'' and inserting ``the volunteer''; (3) by redesignating subsections (e) through (p) as subsections (d) through (o), respectively; (4) by amending subsection (e), as so redesignated-- (A) in the subsection heading, by inserting ``and Mental Health Care'' after ``Prescription of Medications''; and (B) by inserting ``concerning the mental health care provided to volunteers during their service,'' after ``experts licensed in the field of mental health,''; (5) in subsection (f), as so redesignated, by striking ``subsequent''; (6) in subsection (g), as so redesignated, by striking ``he'' and inserting ``the Director''; (7) in subsection (m), as so redesignated-- (A) in paragraph (2)-- (i) by striking ``subsection (e)'' each place it appears and inserting ``subsection (d)''; and (ii) by striking ``he'' and inserting ``the President''; and (B) in paragraph (4), by striking ``subsection (1)'' and inserting ``subsection (k)''; (8) in subsection (n), as so redesignated, by striking ``his'' each place it appears and inserting ``the volunteer's''; and (9) by adding at the end the following new subsections: ``(p) Notwithstanding any other provision of this section, with respect to Peace Corps volunteers and trainees whose service ended involuntarily as a result of an emergency, suspension of operations, or otherwise through no fault of the volunteer or trainee, the Director of the Peace Corps shall-- ``(1) waive such non-medical or non-security application requirements as the Director may determine for the re- enrollment of each such volunteer and trainee during the 2-year period beginning on the date of such involuntary end of service; ``(2) prioritize the medical clearance for each such volunteer and trainee to facilitate re-enrollment; and ``(3) permit each such volunteer and trainee, to the extent practicable and in consideration of the needs of overseas posts and the suitability of the volunteer or trainee to meet those needs, to resume the activity of each such volunteer and trainee at the time of the involuntary end of service. ``(q) The Director of the Peace Corps may authorize separation allowances, in amounts determined by the Director, to Peace Corps volunteers and trainees whose service ended involuntarily as a result of an emergency, suspension of operations, or otherwise through no fault of the volunteer or trainee.''. (b) Volunteer Leaders.--Section 6 of the Peace Corps Act (22 U.S.C. 2505) is amended-- (1) in paragraph (1), by striking ``$125'' and inserting ``$375''; and (2) in paragraph (3)-- (A) by striking ``he'' and inserting ``the Director''; and (B) by striking ``in section 5(e)'' each place it appears and inserting ``in section 5(d)''. SEC. 4. HEALTH CARE CONTINUATION FOR PEACE CORPS VOLUNTEERS. Subsection (d) of section 5 of the Peace Corps Act (22 U.S.C. 2504), as redesignated pursuant to section 4, is amended to read as follows: ``(d)(1) Volunteers and trainees shall receive such health care (including, if necessary, for volunteers and trainees, services under section 8B) during their service, as the Director of the Peace Corps may determine to be necessary or appropriate. ``(2) Applicants for enrollment shall receive such health examinations preparatory to their service, applicants for enrollment who have accepted an invitation to begin a period of training under section 8(a) shall receive, preparatory to their service, such immunization, dental care, and information on prescription options and potential interactions, as necessary and appropriate and in accordance with subsection (e). ``(3) Returned volunteers shall receive such health examinations within six months after termination of their service, including services provided in accordance with section 8B (except that the six- month limitation shall not apply in the case of such services). ``(4) Subject to such conditions as the President may prescribe, such health care may be provided in any facility of any agency of the United States Government, and in such cases the appropriation for maintaining and operating such facility shall be reimbursed from appropriations available under this Act. Health care may not be provided under this subsection in a manner inconsistent with the Assisted Suicide Funding Restriction Act of 1997 (Public Law 105-12). ``(5) Returned volunteers, including those whose period of service is subject to early termination as the result of an emergency, shall receive upon termination of their service with the Peace Corps two months of short-term non-service-related health insurance for transition and travel (SHIFTT), to provide coverage for a 60-day period within which such volunteer will be advised to obtain qualifying health insurance, and an opportunity to extend for an additional 1 month such SHIFTT insurance, at the expense of such volunteer. ``(6) Not later than 30 days before the date on which the period of service of a volunteer or trainee terminates, or 30 days after the date of such termination if such termination is the result of an emergency, the Director of the Peace Corps, in consultation with the Secretary of Health and Human Services, shall provide detailed information to such volunteer or trainee on options for health care after termination other than health care provided by the Peace Corps, including-- ``(A) where additional, detailed information, including on the application process and eligibility requirements for medical assistance through State plans under title XIX of the Social Security Act (or waiver of State plans), may be obtained, including through external health care `navigators' or health care option identification services available within the public and private sectors; ``(B) where detailed information on qualified health plans may be obtained, including through external health care `navigators' or health care option identification services available within the public and private sectors; and ``(C) if such volunteer or trainee is 25 years of age or younger, detailed information regarding the eligibility of such volunteer or trainee to enroll as a dependent child in a group health plan or health insurance coverage in which the parent of such volunteer or trainee is enrolled if such plan or coverage offers such dependent coverage.''. SEC. 5. ACCESS TO ANTIMALARIAL DRUGS AND MENSTRUAL PRODUCTS FOR PEACE CORPS VOLUNTEERS. Section 5A of the Peace Corps Act (22 U.S.C. 2504a) is amended-- (1) by striking subsections (c) and (e); (2) by redesignating subsection (d) as subsection (e); (3) by inserting after subsection (b) the following new subsections: ``(c) Antimalarial Drugs.-- ``(1) In general.--The Director of the Peace Corps shall consult with experts at the Centers for Disease Control and Prevention regarding recommendations for prescribing malaria prophylaxis, and implement such recommendations to the extent practicable, in order to provide the best standard of care within the context of the Peace Corps environment. ``(2) Certain training.--The Director of the Peace Corps shall ensure that each Peace Corps medical officer serving in a malaria-endemic country receives training in the recognition of the side effects of such medications. ``(d) Access to Menstrual Products.-- ``(1) In general.--Not later than 180 days after the date of the enactment of this subsection, the Director of the Peace Corps shall establish a comprehensive policy to ensure Peace Corps volunteers who require menstrual products are able to access such products by-- ``(A) increasing stipends for such volunteers to purchase such products; or ``(B) providing such volunteers with such products in the generic product types selected by such volunteer, if available in the country of service. ``(2) Consideration.--The policy required under paragraph (1) shall take into consideration the availability for purchase locally of menstrual products, the price of such products, and cultural norms regarding menstruation. ``(3) Cost.--If stipends are increased pursuant to the policy required under paragraph (1), the Director of the Peace Corps shall ensure that such increase is sufficient to cover the average cost within the country of service of menstrual products required by volunteers.''; and (4) in paragraph (1)(A) of subsection (e), as so redesignated, by inserting ``, patient confidentiality standards'' before ``, and guidelines''. SEC. 6. CODIFICATION OF EXECUTIVE ORDER 11103. The Peace Corps Act is amended by inserting after section 5A (22 U.S.C. 2504a) the following new section: ``SEC. 5B. CODIFICATION OF EXECUTIVE ORDER 11103. ``(a) Executive Order 11103 (22 U.S.C. 2504 note; 28 Fed. Reg. 3571; relating to Providing for the Appointment of Former Peace Corps Volunteers to the Civilian Career Services), as amended by Executive Order 12107 (44 Fed. Reg. 1055; relating to the Civil Service Commission and Labor-Management in the Federal Service), as in effect on the day before the date of the enactment of this section, shall remain in effect and have the full force and effect of law, consistent with subsection (b). ``(b)(1) The period of eligibility for noncompetitive appointment to the civil service provided to an individual by operation of subsection (a), including any individual who is so eligible on the date of the enactment of this section, shall be extended by the total number of days that, during such period-- ``(A) a hiring freeze for civilian employees of the Executive branch is in effect by order of the President with respect to any Executive agency at which the individual has applied for employment; ``(B) there is a lapse in appropriations with respect to any Executive agency at which the individual has applied for employment; or ``(C) the individual is receiving disability compensation under section 8142 of title 5, United States Code, based on their service as a Peace Corps volunteer, retroactive to the date the individual applied for such compensation. ``(2) The period of eligibility for noncompetitive appointment status to the civil service by operation of subsection (a) shall apply to a Peace Corps volunteer-- ``(A) whose service ended involuntarily as the result of a suspension of volunteer operations by the Director of the Peace Corps, but shall not last longer than 12 months from the date on which such service ended involuntarily; or ``(B) who re-enrolls as a volunteer in the Peace Corps after completion of a term of service. ``(3) In this subsection: ``(A) The term `hiring freeze' means any memorandum, Executive order, or other action by the President that prohibits an Executive agency from filling vacant Federal civilian employee positions or creating new such positions. ``(B) The term `Executive agency' has the meaning given that term in section 105 of title 5, United States Code, and includes the United States Postal Service and the Postal Regulatory Commission, but does not include the Government Accountability Office. ``(c) Subject to subsection (b), Executive Order 11103 (22 U.S.C. 2504 note; 28 Fed. Reg. 3571; relating to Providing for the Appointment of Former Peace Corps Volunteers to the Civilian Career Services), as amended by Executive Order 12107 (44 Fed. Reg. 1055; relating to the Civil Service Commission and Labor-Management in the Federal Service), as in effect on the day before the date of the enactment of this section, shall, except as set forth herein, remain in effect and have the full force and effect of law. In the event of a conflict between the language herein and Executive Order 11103, the language herein shall prevail. ``(d) Any volunteer whose service terminated after January 1, 2020, and who has been certified by the Director as having served satisfactorily as a volunteer under the Act may, for two years after their separation from the Peace Corps, be appointed to a position in any United States department, agency, or establishment in the competitive service under title 5, United States Code without competitive examination and in accordance with such regulations and conditions consistent with this subsection as may be prescribed by the Director of the Office of Personnel Management.''. SEC. 7. VOLUNTEERS PROVIDING VIRTUAL SERVICES FOR THE PEACE CORPS. The Peace Corps Act is amended by inserting after section 5B, as added by section 6 of this Act, the following new section: ``SEC. 5C. VOLUNTEERS PROVIDING VIRTUAL SERVICES FOR THE PEACE CORPS. ``(a) Declaration of Policy.--Congress declares that the Peace Corps has a demonstrated ability to deliver information, training, and technical assistance virtually through the internet and other electronic means to communities abroad. ``(b) Authority.--The Director of the Peace Corps is authorized to recruit individuals, who may be located within the United States or third countries, to provide services virtually by electronic means to communities in host countries to flexibly meet the expressed needs of those countries. ``(c) Administrative Provisions.--The Director of the Peace Corps-- ``(1) may recruit, train, and accept, on such terms and conditions as the Director may determine necessary or appropriate, the services of individuals, especially those individuals who face barriers to serving physically in a host country, who shall serve on a part-time basis as virtual service volunteers to meet the expressed needs of host countries, such as information, training, and technical assistance, through the internet or other electronic or virtual means; and ``(2) may provide for incidental expenses of such individuals, as determined by the Director to be appropriate for the nature of the assignments. ``(d) Individuals Not to Be Considered Volunteers.--An individual who provides services under the authority of this section shall not be considered to be a volunteer for purposes of section 5 unless the Director of the Peace Corps requires the individual to physically serve in the host country on a temporary basis. ``(e) Individuals Not to Be Considered Federal Employees.--An individual who provides services under the authority of this section shall not be considered a Federal employee except for the purposes described in section 5(h).''. SEC. 8. PROTECTION OF PEACE CORPS VOLUNTEERS AGAINST REPRISAL OR RETALIATION. Section 8G of the Peace Corps Act (22 U.S.C. 2507g) is amended by adding at the end the following new subsection: ``(d) Prohibition Against Reprisal or Retaliation.-- ``(1) In general.--The Director of the Peace Corps shall take all reasonable measures, including through the development and implementation of a comprehensive policy, to prevent and address reprisal or retaliation against a volunteer by any Peace Corps officer or employee, or any other person with supervisory authority over the volunteer during the volunteer's period of service. ``(2) Reporting and investigation; relief.-- ``(A) In general.--A volunteer may report a complaint or allegation of reprisal or retaliation-- ``(i) directly to the Inspector General of the Peace Corps, and the Inspector General may conduct such investigations and make such recommendations with respect to the complaint or allegation as the Inspector General considers appropriate; and ``(ii) through other channels provided by the Peace Corps, including through the process for confidential reporting required in subsection (a). ``(B) Relief.--The Director of the Peace Corps-- ``(i) may order any relief for an affirmative finding of a proposed or final resolution of a complaint or allegation of reprisal or retaliation in accordance with policies, rules, and procedures of the Peace Corps; and ``(ii) shall ensure such relief is promptly provided to the volunteer. ``(3) Appeal.-- ``(A) In general.--A volunteer may appeal to the Director of the Peace Corps any proposed or final resolution of a complaint or allegation of reprisal or retaliation. ``(B) Rule of construction.--Nothing in this paragraph may be construed to affect any other right of recourse a volunteer may have under any other provision of law. ``(4) Notification of rights and remedies.--The Director of the Peace Corps shall ensure that volunteers are informed in writing of the rights and remedies provided under this section. ``(5) Dispute mediation.--The Director of the Peace Corps shall offer the opportunity for volunteers to resolve disputes concerning a complaint or allegation of reprisal or retaliation through mediation in accordance with procedures developed by the Peace Corps. ``(6) Staff member and volunteer cooperation.--The Director of the Peace Corps may take such disciplinary or other administrative action, including termination of service or finding of ineligibility for re-employment or reinstatement, with respect to a staff member or volunteer who unreasonably refuses to cooperate with an investigation conducted by the Inspector General of the Peace Corps into a complaint or allegation of reprisal or retaliation. ``(7) Definitions.--In this subsection: ``(A) Reprisal or retaliation.--The term `reprisal or retaliation' means taking, threatening to take, or initiating adverse administrative action against a volunteer because the volunteer made a report pursuant to subsection (a) or otherwise disclosed to a covered official or office any information pertaining to waste, fraud, abuse of authority, misconduct, mismanagement, violations of law, or a significant threat to health and safety, whenever the activity or occurrence complained of is based upon the reasonable belief of the volunteer that it has taken place. ``(B) Covered official or office.--The term `covered official or office' means any of the following: ``(i) Any Peace Corps employee, including an employee of the Office of Inspector General. ``(ii) A Member of Congress or a representative of a committee of Congress. ``(iii) An Inspector General (other than the Peace Corps Inspector General). ``(iv) The Government Accountability Office. ``(v) An authorized official of the Department of Justice or other law enforcement agency. ``(vi) A United States court or grand jury.''. SEC. 9. COMPREHENSIVE ILLEGAL DRUG USE POLICY WITH RESPECT TO PEACE CORPS VOLUNTEERS. The Peace Corps Act is amended by inserting after section 8I (22 U.S.C. 2507i) the following new section: ``SEC. 8J. COMPREHENSIVE ILLEGAL DRUG USE POLICY WITH RESPECT TO PEACE CORPS VOLUNTEERS. ``(a) In General.--The Director shall develop and implement a comprehensive drug use policy with respect to Peace Corps volunteers. Such policy shall-- ``(1) establish a zero tolerance policy regarding volunteer or trainee involvement with illegal drugs; and ``(2) require that every case of volunteer or trainee illegal drug involvement be brought immediately to the attention of relevant Peace Corps leadership, including the Director, and be reported expeditiously by the Peace Corps to the Office of the Inspector General. ``(b) Consultation.--In developing the policy described in subsection (a), the Director may consult with and incorporate, as appropriate, the recommendations and views of experts in the field of substance abuse, and shall consult with the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate. ``(c) Report.--Not later than one year after the date of the enactment of this Act, the Director shall submit to the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate a report on the illegal drug use policy required to be developed and implemented under this section.''. SEC. 10. PEACE CORPS NATIONAL ADVISORY COUNCIL. Section 12 of the Peace Corps Act (22 U.S.C. 2511) is amended-- (1) in subsection (b)-- (A) in paragraph (1), by striking ``the President and''; (B) in paragraph (2)-- (i) in the matter preceding subparagraph (A), by striking ``conduct on-site inspections, and make examinations, of the activities of the Peace Corps in the United States and in other countries in order to''; (ii) in subparagraph (C)-- (I) by striking ``the President, the Director of the Peace Corps, and, as the Council considers appropriate, the Congress,'' and inserting ``the Director and, as the Council considers appropriate, the Congress''; and (II) by striking ``and'' after the semicolon at the end; (iii) by redesignating subparagraph (D) as subparagraph (G); and (iv) by inserting after subparagraph (C) the following new subparagraphs: ``(D) make recommendations for utilizing the expertise of returned Peace Corps volunteers in fulfilling the goals of the Peace Corps; ``(E) make recommendations for increasing recruitment of volunteers from diverse backgrounds and better supporting such volunteers during their training and enrollment in the Peace Corps; ``(F) make recommendations to reduce any financial barriers to application, training, or enrollment in the Peace Corps, including a volunteer's medical expenses and other out-of-pocket costs; and''; (2) in subsection (c)-- (A) in paragraph (2)-- (i) in subparagraph (A)-- (I) in the first sentence-- (aa) by striking ``fifteen'' and inserting ``seven''; and (bb) by striking ``the President, by and with the advice and consent of the Senate'' and inserting ``the Director of the Peace Corps''; and (II) by striking the second sentence and inserting the following new sentence: ``At least four of such members shall be returned Peace Corps volunteers, and not more than four of such members may be members of the same political party.''; (ii) by amending subparagraph (C) to read as follows: ``(C) No member of the Council appointed under this paragraph may be an officer or employee of the Peace Corps.''; (iii) by amending subparagraph (D) to read as follows: ``(D) The members of the Council shall be appointed to 2-year terms.''; and (iv) by striking subparagraphs (E), (F), (G), (H), and (I); and (B) by amending paragraph (3) to read as follows: ``(3) The Director of the Peace Corps shall designate one of the members of the Council as Chair, who shall serve in such capacity for a term of two years.''; (3) in subsection (d)(1)(B), by striking ``his or her'' and inserting ``the member's''; (4) in subsection (g)-- (A) in the first sentence, by striking ``At its first meeting and at its first regular meeting in each calendar year thereafter'' and inserting ``At its first meeting each calendar year''; and (B) in the second sentence, by inserting before the period at the end the following: ``, and each shall serve in that capacity for a term of two years. The Director of the Peace Corps may renew, not more than once per member, the term of a voting member appointed as Chair of the Council under the preceding sentence''; (5) in subsection (h)(1), by striking ``The Council'' and all that follows through the period at the end and inserting the following: ``The Council shall hold a regular meeting during each calendar quarter at a date and time to be determined by the Chair of the Council or at the call of the Director of the Peace Corps.''; (6) in subsection (i)-- (A) by striking ``the President and'' (including in the subsection heading) each place such term appears; (B) by striking ``the President shall'' and inserting ``the Director shall''; and (C) by striking ``the President or''; and (7) by adding at the end the following new subsections: ``(k) Independence of Inspector General.--None of the activities or functions of the Council under subsection (b)(2) may undermine the independence or supersede the duties of the Inspector General of the Peace Corps. ``(l) Nonapplicability of FACA.--The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Council. ``(m) Funding of the Council.--The Council shall be fully funded from amounts made available to the Peace Corps to carry out this Act.''. SEC. 11. PEACE CORPS VOLUNTEERS SERVING WITHIN THE UNITED STATES AT THE REQUEST OF ANOTHER AGENCY. (a) Declaration of Policy.--Congress declares that the Peace Corps provided emergency disaster relief in response to Hurricane Katrina in 2006 and provided COVID-19 relief in 2021 at the request of the Federal Emergency Management Agency and therefore it is the policy of the United States that the Peace Corps be authorized to recruit volunteers to serve within the United States at the request of another agency. (b) Recruitment of Domestic Volunteers.--The Peace Corps Act is amended by inserting after section 14 (22 U.S.C. 2513) the following new section: ``SEC. 14A. PEACE CORPS VOLUNTEERS SERVING WITHIN THE UNITED STATES AT THE REQUEST OF ANOTHER AGENCY. ``The Director may recruit, train, and accept, for limited periods of time, on such terms and conditions as the Director may determine necessary or appropriate, the services of individuals who are not then serving outside the United States as volunteers or trainees (unless such appointment is made with the consent of the volunteer or trainee serving outside the United States as an extension of such service), who shall serve without compensation as domestic volunteers within the United States to provide assistance at the request of any Federal Government agency with authority to do so. Such service within the United States may be initiated by the Director following the request from the other agency and a determination by the Director that such action is in the best interests of the United States and the Peace Corps. Domestic volunteers shall not be considered volunteers under section 5 and shall not be deemed a Federal employee except for the purposes described in section 5(h). The Director may provide for incidental expenses of domestic volunteers, as determined by the Director to be appropriate for the nature of the assignments.''. SEC. 12. USE OF OFFICIAL SEAL, EMBLEM, AND NAME OF THE PEACE CORPS. Section 19 of the Peace Corps Act (22 U.S.C. 2518) is amended-- (1) in subsection (a)-- (A) by striking ``The President'' and inserting ``The Director of the Peace Corps''; and (B) by striking ``he'' and inserting ``the Director''; and (2) in subsection (b)-- (A) in paragraph (1), by inserting before the period at the end the following: ``, except that the official seal or emblem and the name `Peace Corps' may be used on any death announcement, gravestone, plaque, or other grave marker of any person who served as a volunteer or as an officer or employee of the Peace Corps under such rules as may be prescribed by the Director''; and (B) in paragraph (2), in the first sentence, by inserting ``or in accordance with the exception specified in paragraph (1),'' before ``shall be fined''. SEC. 13. CLARIFICATION REGARDING ELIGIBILITY OF UNITED STATES NATIONALS. The Peace Corps Act (22 U.S.C. 2501 et seq.) is amended-- (1) in section 7(a)(5), by striking ``United States citizens'' each place such term appears and inserting ``nationals of the United States''; (2) in section 8(b), by striking ``citizens'' and inserting ``nationals''; (3) in section 10(b), by striking ``citizen or resident'' and inserting ``national''; (4) in section 12(g), by striking ``citizens'' and inserting ``nationals''; and (5) in section 26-- (A) by redesignating paragraphs (5) through (8) as paragraphs (6) through (9), respectively; and (B) by inserting after paragraph (4) the following new paragraph: ``(5) The term `national of the United States' has the meaning given such term in section 101(a)(22) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(22)).''. SEC. 14. MEMORANDUM OF AGREEMENT WITH BUREAU OF DIPLOMATIC SECURITY OF THE DEPARTMENT OF STATE. (a) In General.--Not later than 180 days after the date of the enactment of this Act, and at least once every five years thereafter, the Director of the Peace Corps, in coordination with the Assistant Secretary of State for Diplomatic Security, shall review the Memorandum of Agreement between the Bureau of Diplomatic Security of the Department of State and the Peace Corps relating to security support and protection of Peace Corps volunteers and staff members abroad and update such Memorandum of Agreement, as appropriate. (b) Notification.-- (1) In general.--The Director of the Peace Corps and the Assistant Secretary of State for Diplomatic Security shall jointly submit to the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate a written notification relating to an update to the Memorandum of Agreement made pursuant to subsection (a). (2) Timing of notification.--A written notification submitted pursuant to paragraph (1) shall be submitted not later than 30 days before the update referred to in such paragraph shall take effect. SEC. 15. REPORTS TO CONGRESS. (a) Amendments.--The Peace Corps Act is amended-- (1) in section 8E (22 U.S.C. 2507e)-- (A) by striking ``President'' and inserting ``Director'' each place it appears; (B) in subsection (c), by striking ``September 30, 2023'' and inserting ``September 30, 2025''; and (C) in subsection (d)(1)(A), by striking ``September 30, 2018'' and inserting ``September 30, 2025''; and (2) in section 8I (22 U.S.C. 2507i)-- (A) in subsection (a), by striking ``September 30, 2018'' and inserting ``September 30, 2025''; and (B) in subsection (c), by striking ``President'' each place it appears and inserting ``Director''. (b) GAO Report.-- (1) In general.--Not later than one year after the date of the enactment of this Act, the Comptroller General of the United States shall submit to the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate a report relating to the post-service health care delivery and insurance coverage pursuant to subsection (d) of section 5 of the Peace Corps Act (22 U.S.C. 2504), as amended by section 4 of this Act, and section 8B of the Peace Corps Act (22 U.S.C. 2507b). (2) Elements.--The report required by paragraph (1) shall include the following: (A) Information relating to examinations, counseling, and other mental health care services provided by the Peace Corps to returned volunteers in the six months following the end of the term of service of such volunteers. (B) Recommendations relating to-- (i) better protection of patient confidentiality for returned Peace Corps volunteers for mental health care services; (ii) improved access to mental health providers that will accept payment from the Peace Corps; and (iii) whether such mental health care services for returned volunteers would be better provided under the Short-term Health Insurance For Transition and Travel (SHIFTT) plan or a similar commercially available insurance plan to be paid for by the Peace Corps. (c) Report on Mental Health Evaluation Standards.--Not later than one year after the date of the enactment of this Act, the Director of the Peace Corps shall submit to the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate a report on the guidelines and standards used to evaluate the mental health of Peace Corps applicants prior to service. Such report shall include-- (1) a detailed description of mental health screening guidelines and evaluation standards used by the Peace Corps to determine medical eligibility of applicants for service, including a description of the most common mental health conditions of applicants; (2) specific standards in the mental health screening process that could lead to an applicant's disqualification from service, and a description of how these determinations are made; (3) a description of any expedited mental health clearance process for severe or recent symptom presentation; (4) a description of periods of stability related to certain mental health conditions and symptoms recommended prior to an applicant's clearance to serve; (5) an assessment of the impact of updated mental health evaluation guidance, including a comparison of mental health related volunteer medevacs in years before and after updated guidelines were implemented; and (6) a review of these screening guidelines, conducted by a panel of certified and qualified medical professionals in the United States, that evaluates these standards based on scientific evidence and mental health research and proposes relevant updates or additions to current guidance. (d) Report on Volunteer Medical Evacuations.--Not later than the first May 1 occurring after the date of the enactment of this Act and annually thereafter for five years, the Director of the Peace Corps shall submit to the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate a report on volunteer medical and mental health evacuations. Such report shall include-- (1) the number of Peace Corps volunteer medical and mental health evacuations during the previous year; (2) a breakdown of these evacuations into medical and mental health evacuation categories; and (3) the estimated cost of these evacuations for each year, including a breakdown of costs between medical and mental health evacuation categories. (e) Report and Extension of the Sexual Assault Advisory Council.-- Section 8D of the Peace Corps Act (22 U.S.C. 2507d) is amended-- (1) by amending subsection (d) to read as follows: ``(d) Reports.--On an annual basis for the duration of its mandate, the Council shall submit to the Director, the Committee on Foreign Relations and the Committee on Appropriations of the Senate, and the Committee on Foreign Affairs and the Committee on Appropriations of the House of Representatives a report on its findings based on the reviews conducted pursuant to subsection (c) and shall include relevant recommendations. Such reports shall be made publicly available.''; and (2) in subsection (g), by striking ``October 1, 2023'' and inserting ``October 1, 2025''. (f) Report on Pacific Islands Region.--Not later than 180 days after the date of the enactment of this Act, the Director of the Peace Corps shall submit to the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate a report on-- (1) the presence of the Peace Corps in the Pacific Islands region; and (2) a strategy to expand such presence, as practicable, including-- (A) outcomes of consultations with regional allies and partners on areas in which cooperation can reduce factors limiting Peace Corps expansion; and (B) timelines for expanding and reopening country programs in the Pacific Islands region. SEC. 16. WORKERS COMPENSATION FOR PEACE CORPS VOLUNTEERS. (a) In General.--Section 8142 of title 5, United States Code, is amended-- (1) in subsection (c)-- (A) in paragraph (1), by striking ``GS-7'' and inserting ``GS-7, step 5''; (B) by striking paragraph (2); and (C) by redesignating paragraphs (3) and (4) as paragraphs (2) and (3), respectively; and (2) in subsection (d)(1), by striking ``subsection (c)(3)'' and inserting ``subsection (c)(2)''. (b) Application.--The amendment made by subsection (a)(1)(A) shall apply to any volunteer (as that term is defined in subsection (a) of section 8142 of title 5, United States Code) with respect to whom benefits under chapter 81 of such title commence, by operation of such section, on or after the date of the enactment of this Act. SEC. 17. TECHNICAL AND CONFORMING EDITS. The Peace Corps Act (22 U.S.C. 2501 et seq.) is amended-- (1) by amending section 1 to read as follows: ``SEC. 1. SHORT TITLE; TABLE OF CONTENTS. ``(a) Short Title.--This Act may be cited as the `Peace Corps Act'. ``(b) Table of Contents.--The table of contents for this Act is as follows: ``TITLE I--THE PEACE CORPS ``Sec. 1. Short title; table of contents. ``Sec. 2. Declaration of purpose. ``Sec. 2A. Peace Corps as an independent agency. ``Sec. 3. Authorization. ``Sec. 4. Director of the Peace Corps and delegation of functions. ``Sec. 5. Peace Corps volunteers. ``Sec. 5A. Health care for volunteers at Peace Corps posts. ``Sec. 5B. Codification of Executive Order 11103. ``Sec. 5C. Volunteers providing virtual services for the Peace Corps. ``Sec. 6. Peace Corps volunteer leaders. ``Sec. 7. Peace Corps employees. ``Sec. 8. Volunteer training. ``Sec. 8A. Sexual assault risk-reduction and response training. ``Sec. 8B. Sexual assault policy. ``Sec. 8C. Office of victim advocacy. ``Sec. 8D. Establishment of sexual assault advisory council. ``Sec. 8E. Volunteer feedback and Peace Corps review. ``Sec. 8F. Establishment of a policy on stalking. ``Sec. 8G. Establishment of a confidentiality protection policy. ``Sec. 8H. Removal and assessment and evaluation. ``Sec. 8I. Reporting requirements. ``Sec. 8J. Comprehensive illegal drug use policy with respect to Peace Corps volunteers. ``Sec. 9. Participation of foreign nationals. ``Sec. 10. General powers and authorities. ``Sec. 11. Reports. ``Sec. 12. Peace Corps National Advisory Council. ``Sec. 13. Experts and consultants. ``Sec. 14. Detail of personnel to foreign governments and international organizations. ``Sec. 14A. Peace corps volunteers serving within the United States at the request of another agency. ``Sec. 15. Utilization of funds. ``Sec. 16. Foreign currency fluctuations account. ``Sec. 17. Use of foreign currencies. ``Sec. 18. Activities promoting Americans' understanding of other peoples. ``Sec. 19. Exclusive right to seal and name. ``Sec. 20. [Reserved.] ``Sec. 21. [Reserved.] ``Sec. 22. Security investigations. ``Sec. 23. Universal military training and service act. ``Sec. 24. Foreign language proficiency act. ``Sec. 25. Nonpartisan appointments. ``Sec. 26. Definitions. ``Sec. 27. Construction. ``Sec. 28. Effective date. ``TITLE II--AMENDMENT OF INTERNAL REVENUE CODE AND SOCIAL SECURITY ACT ``Sec. 201. [Reserved.] ``Sec. 202. [Reserved.] ``TITLE III--ENCOURAGEMENT OF VOLUNTARY SERVICE PROGRAMS ``Sec. 301. Voluntary Service Programs.''; (2) in subsection (a) of section 2-- (A) by striking ``men and women'' and inserting ``individuals''; (B) by striking ``help the peoples'' and inserting ``partner with the peoples''; and (C) by striking ``trained manpower'' and inserting ``trained individuals''; (3) in subsection (e) of section 3 (as so redesignated by section 2 of this Act), by striking ``disabled people'' and inserting ``people with disabilities'' each place it appears; (4) in subsection (b) of section 4-- (A) by striking ``him'' and inserting ``the President''; (B) by striking ``he'' and inserting ``the Director''; and (C) by striking ``of his subordinates'' and all that follows through ``functions.'' and inserting ``subordinate of the Director the authority to perform any such functions.''; (5) in section 7-- (A) in subsection (a), by moving the margins of paragraphs (7) and (8) two ems to the left; (B) in the second sentence of subsection (c), by striking ``in his discretion'' and inserting ``in the President's discretion''; and (C) by redesignating subsection (c) as subsection (b); (6) in section 8A-- (A) in subsection (c), by striking ``his or her'' and inserting ``the volunteer's''; (B) in paragraph (2) of subsection (d), by inserting ``the'' before ``information''; and (C) in subsection (f)-- (i) in subparagraph (A) of paragraph (2), by striking ``his or her'' and inserting ``the volunteer's'' each place it appears; and (ii) in subparagraph (A) of paragraph (4), by striking ``his or her'' and inserting ``that person's''; (7) in section 8C, in the heading of subsection (a), by striking ``Victims'' and inserting ``Victim''; (8) in section 8E-- (A) in subsection (b), by striking ``subsection (c),'' and inserting ``subsection (c)''; and (B) in subsection (e)(1)(F), by striking ``Corp's'' and inserting ``Corps''; (9) in section 9-- (A) by striking ``Act proceedings'' and inserting ``Act. Removal proceedings''; (B) by striking ``under which he'' and inserting ``under which that person''; and (C) by striking ``for which he'' and inserting ``for which that person''; (10) in section 10-- (A) in subsection (b) (as amended by section 13 of this Act), by striking ``he'' and inserting ``the President''; and (B) in subsection (d), by striking ``section 3709'' and all that follows through ``1949'' and inserting ``sections 3101(a), 3101(c), 3104, 3106, 3301(b)(2), and 6101 of title 41, United States Code''; (11) in section 14-- (A) in subsection (a), by striking ``his'' after ``of'' and before ``agency'' and inserting ``that''; and (B) in subsection (b)-- (i) by striking ``preserving his'' and inserting ``preserving the''; and (ii) by striking ``he'' after ``assigned, and''; (12) in section 15-- (A) in subsection (c), in the first sentence, by striking ``that Act'' and inserting ``such subchapter''; and (B) in subsection (d)(7), by striking ``his designee'' and inserting ``the Director's designee''; (13) in section 23, by striking ``Universal Military Training and Service Act'' and inserting ``Military Selective Service Act (50 U.S.C. 3801 et seq.)''; (14) in section 24, by striking-- (A) ``his'' and inserting ``the volunteer's''; and (B) ``he'' each place it appears and inserting ``the volunteer''; (15) in section 26 (as amended by section 13 of this Act)-- (A) in paragraph (4), by striking ``which he or she'' and inserting ``which the medical officer''; (B) by further redesignating paragraphs (2) through (9) (as so redesignated by section 13) as paragraphs (3) through (10), respectively; (C) by inserting after paragraph (1) the following new paragraph: ``(2) The term `Director' means the Director of the Peace Corps.''; (D) in paragraph (7), as so redesignated, by striking ``5(m)'' and inserting ``5(n)''; and (E) in paragraph (10), as so redesignated-- (i) by redesignating clauses (i) and (ii) as subparagraphs (A) and (B), respectively, and moving such subparagraphs, as so redesignated, 2 ems to the left; and (ii) in subparagraph (A), as so redesignated, by striking ``section 5(f)'' and inserting ``section 5(e)''; and (16) in section 301, by striking ``Sec. 301. (a) The Congress'' and inserting the following: ``voluntary service programs ``Sec. 301. ``(a) The Congress''. SEC. 18. DETERMINATION OF BUDGETARY EFFECTS. The budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go Act of 2010, shall be determined by reference to the latest statement titled ``Budgetary Effects of PAYGO Legislation'' for this Act, submitted for printing in the Congressional Record by the Chairman of the House Budget Committee, provided that such statement has been submitted prior to the vote on passage. Passed the House of Representatives September 19, 2022. Attest: CHERYL L. JOHNSON, Clerk. Calendar No. 492 117th CONGRESS 2d Session H. R. 1456 _______________________________________________________________________

Peace Corps Reauthorization Act of 2022

To amend the Peace Corps Act to reauthorize the Peace Corps, better support current and returned volunteers, and for other purposes.

Peace Corps Reauthorization Act of 2022 Peace Corps Reauthorization Act of 2022 Peace Corps Reauthorization Act of 2021

Rep. Garamendi, John

D

CA

H.R.4821

International Affairs

Combating the Persecution of Religious Groups in China Act This bill expresses the sense of Congress that the United States should promote religious freedom in China and makes statements of policy related to such freedom. In particular, the bill states that it is U.S. policy to consider senior Chinese government officials who are responsible for the persecution of Christians or other religious minorities in China to have committed (1) a gross violation of internationally recognized human rights for the purpose of imposing certain sanctions, and (2) a particularly severe violation of religious freedom for the purpose of determining whether such an individual is admissible into the United States.

To hold accountable senior officials of the Government of the People's Republic of China who are responsible for or have directly carried out, at any time, persecution of Christians or other religious minorities in China, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Combating the Persecution of Religious Groups in China Act''. SEC. 2. FINDINGS. Congress makes the following findings: (1) According to the Department of State's International Religious Freedom (IRF) report estimates, Buddhists comprise 18.2 percent of the country's total population, Christians, 5.1 percent, Muslims, 1.8 percent, followers of folk religions, 21.9 percent, and atheists or unaffiliated persons, 52.2 percent, with Hindus, Jews, and Taoists comprising less than one percent. (2) The Government of the People's Republic of China (PRC) recognizes five official religions, Buddhism, Taoism, Islam, Protestantism, and Catholicism (according to the State Department's IRF report) and only religious groups belonging to one of the five sanctioned ``patriotic religious associations'' representing these religions are permitted to register with the government and hold worship service, excluding all other faiths and denying the ability to worship without being registered with the government. (3) The activities of state-sanctioned religious organizations are regulated by the Chinese Communist Party, which manages all aspects of religious life. (4) The Chinese Communist Party is actively seeking to control, govern, and manipulate all aspects of faith through the ``Sinicization of Religion'', a process intended to shape religious traditions and doctrines so they conform with the objectives of the Chinese Communist Party. (5) On February 1, 2018, the PRC Government implemented new religious regulations that imposed restrictions on Chinese contacts with overseas religious organizations, required government approval for religious schools, websites, and any online religious service, and effectively banned unauthorized religious gatherings and teachings. (6) There are numerous reports that authorities forced closures of Buddhist, Christian, Islamic, and Taoist houses of worship and destroyed public displays of religious symbols throughout the country. (7) Authorities arrested and detained religious leaders trying to hold services online. (8) There are credible reports of Chinese authorities raiding house churches and other places of religious worship, removing and confiscating religious paraphernalia, installing surveillance cameras on religious property, pressuring congregations to sing songs of the Chinese Communist Party and display the national flag during worship, forcing churches to replace images of Jesus Christ or the Virgin Mary with pictures of General Secretary Xi Jinping, and banning children and students from attending religious services. (9) It has been reported that the PRC is rewriting and will issue a version of the Bible with the ``correct understanding'' of the text according to the Chinese Communist Party. Authorities continued to restrict the printing and distribution of the Bible, Quran, and other religious literature, and penalized publishing and copying businesses that handled religious materials. (10) According to the Department of State's IRF reports, the PRC Government has imprisoned thousands of individuals of all faiths for practicing their religious beliefs and often labels them as ``cults''. (11) The Political Prisoner Database maintained by the human rights NGO Dui Hua Foundation counted 3,492 individuals imprisoned for ``organizing or using a `cult' to undermine implementation of the law.'' Prisoners include-- (A) the 11th Panchen Lama, Gedun Choekyi Nyima, who has been held captive along with his parents since May 17, 1995; (B) Pastor Zhang Shaojie, a Three-Self church pastor from Nanle County in central Henan was sentenced in July 2014 to 12 years in prison for ``gathering a crowd to disrupt the public order''; (C) Pastor John Cao, a United States permanent resident from Greensboro, North Carolina, who was sentenced for 7 years in prison in March 2018 under contrived charges of organizing illegal border crossings; and (D) Pastor Wang Yi of the Early Rain Covenant Church who was arrested and sentenced to 9 years in prison for ``inciting to subvert state power'' and ``illegal business operations''. (12) Authorities continue to detain Falun Gong practitioners and subject them to harsh and inhumane treatment. (13) Since 1999, the Department of State has designated the PRC as a country of particular concern under the International Religious Freedom Act of 1998. (14) The National Security Strategy of the United States, issued in 2017, 2015, 2006, 2002, 1999, 1998, and 1997, committed the United States to promoting international religious freedom to advance the security, economic, and other national interests of the United States. SEC. 3. STATEMENT OF POLICY. (a) Holding PRC Officials Responsible for Religious Freedom Abuses Targeting Chinese Christians or Other Religious Minorities.--It is the policy of the United States to consider senior officials of the Government of the People's Republic of China (PRC) who are responsible for or have directly carried out, at any time, persecution of Christians or other religious minorities in the PRC to have committed-- (1) a gross violation of internationally recognized human rights for purposes of imposing sanctions with respect to such officials under the Global Magnitsky Human Rights Accountability Act (22 U.S.C. 2656 note); and (2) a particularly severe violation of religious freedom for purposes of applying section 212(a)(2)(G) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(2)(G)) with respect to such officials. (b) Department of State Programming to Promote Religious Freedom in the People's Republic of China.--The Ambassador-at-Large for International Religious Freedom should support efforts to protect and promote international religious freedom in the PRC and for programs to protect Christians and other religious minorities in the PRC. (c) Designation of the People's Republic of China as a Country of Particular Concern.--It is the policy of the United States to continue to designate the PRC as a ``country of particular concern'', as long as the PRC continues to engage in systematic and egregious religious freedom violations, as defined by the International Religious Freedom Act of 1998 (Public Law 105-292). SEC. 4. SENSE OF CONGRESS. It is the sense of Congress that the United States should promote religious freedom in the PRC by-- (1) strengthening religious freedom diplomacy on behalf of Christians and other religious minorities facing restrictions in the PRC; (2) raising cases relating to religious or political prisoners at the highest levels with PRC officials because experience demonstrates that consistently raising prisoner cases can result in improved treatment, reduced sentences, or in some cases, release from custody, detention, or imprisonment; (3) encouraging Members of Congress to ``adopt'' a prisoner of conscience in the PRC through the Tom Lantos Human Rights Commission's ``Defending Freedom Project'', raise the case with PRC officials, and work publicly for their release; (4) calling on the PRC Government to unconditionally release religious and political prisoners or, at the very least, ensure that detainees are treated humanely with access to family, the lawyer of their choice, independent medical care, and the ability to practice their faith while in detention; (5) encouraging the global faith community to speak in solidarity with the persecuted religious groups in the PRC; and (6) hosting, once every two years, the Ministerial to Advance Religious Freedom organized by the Department of State in order to bring together leaders from around the world to discuss the challenges facing religious freedom, identify means to address religious persecution and discrimination worldwide, and promote great respect for and preservation of religious liberty. SEC. 5. SENSE OF CONGRESS REGARDING ACTIONS AT UNITED NATIONS. It is the sense of Congress that the United Nations Human Rights Council should issue a formal condemnation of the People's Republic of China for the ongoing genocide against Uyghurs and other religious and ethnic minority groups, as well as for its persecution of Christians, Falun Gong, and other religious groups. Passed the House of Representatives September 29, 2022. Attest: CHERYL L. JOHNSON, Clerk.

To hold accountable senior officials of the Government of the People's Republic of China who are responsible for or have directly carried out, at any time, persecution of Christians or other religious minorities in China, and for other purposes.

To hold accountable senior officials of the Government of the People's Republic of China who are responsible for or have directly carried out, at any time, persecution of Christians or other religious minorities in China, and for other purposes. To hold accountable senior officials of the Government of the People's Republic of China who are responsible for, complicit in, or have directly persecuted Christians in China, and for other purposes.

Combating the Persecution of Religious Groups in China Act Combating the Persecution of Christians in China Act

Rep. Hartzler, Vicky

R

MO

H.R.956

Public Lands and Natural Resources

National Aviation Heritage Area Reauthorization Act This bill reauthorizes through FY2036 assistance from the National Park Service for the National Aviation Heritage Area in Ohio.

To amend the National Aviation Heritage Act to reauthorize the National Aviation Heritage Area, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``National Aviation Heritage Area Reauthorization Act''. SEC. 2. REAUTHORIZATION OF THE NATIONAL AVIATION HERITAGE AREA. Section 512 of the National Aviation Heritage Act (54 U.S.C. 320101 note; Public Law 108-447; 118 Stat. 3367) is amended by striking ``on the date'' and all that follows through the period at the end and inserting ``on September 30, 2036.''. <all>

National Aviation Heritage Area Reauthorization Act

To amend the National Aviation Heritage Act to reauthorize the National Aviation Heritage Area, and for other purposes.

National Aviation Heritage Area Reauthorization Act

Rep. Turner, Michael R.

R

OH

H.R.5273

Health

Gun Safety Board and Research Act This bill establishes a gun safety board in the Department of Health and Human Services. The board must (1) conduct original research about firearm violence reduction; (2) publish policy recommendations for and findings about the efficacy of federal, state, and local actions to reduce firearm violence; and (3) establish a grant program to support original research on firearm violence reduction and education for the public about the effects of and ways to mitigate firearm violence.

To establish a Gun Safety Board, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Gun Safety Board and Research Act''. SEC. 2. GUN SAFETY BOARD. (a) Establishment.--The Secretary of Health and Human Services shall, not later than 1 year after the date of enactment of this Act, establish a board to be known as the Gun Safety Board. (b) Duties.--The Gun Safety Board shall-- (1) not later than 2 years after the date of enactment of this Act, establish a program that uses not less than half of the amounts appropriated under this Act to provide grants that recipients shall use to-- (A) conduct original research about firearm violence reduction (including research about topics identified for additional research by the Gun Safety Board under paragraph (3)); and (B) to educate members of the public about-- (i) causes and effects of firearm violence; and (ii) ways to reduce firearm violence; (2) conduct original research about firearm violence reduction; and (3) publish in the Federal Register and on a public website of the Department of Health and Human Services, not less frequently than annually-- (A) policy and funding recommendations for potential Federal, State, and local action based on available scientific research about firearm violence reduction; (B) a list of subject areas related to firearm violence reduction that the Gun Safety Board finds would benefit from additional scientific research; and (C) the Gun Safety Board's findings about the efficacy of existing State and Federal laws intended to reduce firearm violence, and the expected efficacy of proposed State and Federal legislation intended to reduce firearm violence, in reducing-- (i) domestic violence; (ii) suicide and attempted suicide; (iii) chronic community violence; (iv) police violence; (v) mass shootings; (vi) hate crimes; (vii) school shootings; (viii) health care-related expenditures (including lost days of work and other indirect expenditures) for victims of firearm-caused injuries; (ix) hospital interventions; (x) broader socioeconomic impacts of chronic gun violence; (xi) diversions of firearms, including straw purchasing and gun trafficking; and (xii) unintentional shootings. (c) Membership.-- (1) Number and appointment.--The Gun Safety Board shall be composed of 22 members appointed by the Secretary of Health and Human Services. (2) Composition.--The members shall include-- (A) 1 member with expertise in public health; (B) 1 member with expertise in mental health care; (C) 1 member with expertise in firearm violence reduction research; (D) 1 member with expertise in trauma surgery; (E) 1 member with expertise in law enforcement; (F) 1 member with a background in firearm manufacturing, firearm sales, professional firearm use, or recreational firearm use; (G) 2 members representing victims of firearm violence; (H) 1 member representing a nonprofit organization that advocates for racial justice; (I) 1 member representing a nonprofit organization that advocates or engages in firearm violence intervention or prevention; and (J) 1 member from each of-- (i) the National Institutes of Health; (ii) the Centers for Disease Control and Prevention; (iii) the Substance Abuse and Mental Health Services Administration; (iv) the United States Consumer Product Safety Commission; (v) the Federal Bureau of Investigation; (vi) the Department of Health and Human Services; (vii) the Bureau of Alcohol, Tobacco, Firearms, and Explosives within the Department of Justice; (viii) the Office of Juvenile Justice and Delinquency Prevention within the Department of Justice; (ix) the Bureau of Justice Assistance within the Department of Justice; (x) the Office for Victims of Crime within the Department of Justice; (xi) the Office on Violence Against Women within the Department of Justice; and (xii) the National Institute of Justice within the Department of Justice. (d) Terms.-- (1) In general.--Except as provided in paragraph (2), each member shall be appointed for a term of 4 years. (2) Terms of initial appointees.--As designated by the Secretary of Health and Human Services at the time of appointment, of the members first appointed-- (A) three shall be appointed for a term of 4 years; (B) two shall be appointed for a term of 3 years; (C) two shall be appointed for a term of 2 years; and (D) two shall be appointed for a term of 1 year. (3) Vacancies.--Any member appointed to fill a vacancy occurring before the expiration of the term for which the member's predecessor was appointed shall be appointed only for the remainder of that term. A vacancy shall be filled in the manner in which the original appointment was made. (e) Basic Pay.--Members shall be paid at a rate set by the Secretary of Health and Human Services that is consistent with title 5, United States Code. (f) Travel Expenses.--Each member shall receive travel expenses, including per diem in lieu of subsistence, in accordance with applicable provisions under subchapter I of chapter 57 of title 5, United States Code. (g) Chair.--The Secretary of Health and Human Services shall designate 1 member to serve as chair of the Gun Safety Board. (h) Vice Chair.--The members of the Gun Safety Board shall elect 1 member to serve as vice chair of the Gun Safety Board. (i) Meetings.--The Board shall meet at least once each month at the call of the chair. (j) Staff.--The chair may appoint and, consistent with title 5, United States Code, fix the pay of additional personnel as the chair considers appropriate. (k) Firearm.--For the purposes of this Act, the term ``firearm'' shall have the meaning given the term in section 921 of title 18, United States Code. (l) Authorization of Appropriations.--There is authorized to be appropriated to carry out this Act $5,000,000 for each of the first 2 fiscal years beginning after the date of the enactment of this Act, and $25,000,000 for each fiscal year thereafter. (m) Prohibition on Diversion of Other Federal Gun Violence Research Funds.--The amounts made available for Federal gun violence research other than under this Act shall not be reduced in order to provide funds to carry out this Act. <all>

Gun Safety Board and Research Act

To establish a Gun Safety Board, and for other purposes.

Gun Safety Board and Research Act

Rep. DeSaulnier, Mark

D

CA

H.R.3684

Transportation and Public Works

Infrastructure Investment and Jobs Act Among other provisions, this bill provides new funding for infrastructure projects, including for DIVISION A--SURFACE TRANSPORTATION Surface Transportation Reauthorization Act of 2021 This division reauthorizes Department of Transportation (DOT) federal-aid highway and transportation infrastructure finance and innovation (TIFIA) programs, revises research, technology, and workforce education programs, and addresses tribal transportation needs. The effective date of this division is October 1, 2021. TITLE I--FEDERAL-AID HIGHWAYS Among other provisions, this title TITLE II--TRANSPORTATION INFRASTRUCTURE FINANCE AND INNOVATION This title reauthorizes through FY2026 the state infrastructure bank program and revises the TIFIA program. Under the existing TIFIA program, DOT provides loans with low interest rates and loan guarantees with low repayment terms to borrowers to undertake certain transportation infrastructure programs. This title revises program requirements, including by expanding eligibility to airport-related projects, requiring DOT to establish a process to expedite certain loans, and setting forth provisions to increase transparency in the review process for projects seeking TIFIA funding. TITLE III--RESEARCH, TECHNOLOGY, AND EDUCATION This title requires DOT to revise its workforce education program and establish certain research and technology programs. Among other requirements, DOT must TITLE IV--INDIAN AFFAIRS This title provides for DIVISION B--SURFACE TRANSPORTATION INVESTMENT ACT OF 2021 Surface Transportation Investment Act of 2021 TITLE I--MULTIMODAL AND FREIGHT TRANSPORTATION This title establishes and expands provisions related to the national multimodal freight policy and components of the national freight system. Among other provisions, the title TITLE II--RAIL Passenger Rail Expansion and Rail Safety Act of 2021 This title addresses various passenger rail-related issues, including Amtrak, intercity passenger rail policy, and rail safety. Among other provisions, the title TITLE III--MOTOR CARRIER SAFETY This title addresses provisions related to the Federal Motor Carrier Safety Administration (FMCSA) and its related programs covering commercial drivers and vehicles. Among other provisions, the title TITLE IV--HIGHWAY AND MOTOR VEHICLE SAFETY This title addresses provisions related to highway safety, highway safety research and development, high-visibility enforcement, national priority safety, and vehicle safety programs of DOT. Among other provisions, the title TITLE V--RESEARCH AND INNOVATION This title addresses provisions related to research and innovation programs of DOT and other federal agencies. Among other provisions, the title TITLE VI--HAZARDOUS MATERIALS This title reauthorizes through FY2026 the hazardous materials emergency preparedness program and other safety programs of DOT. The title also directs DOT to establish a grant program to develop a hazardous materials response training curriculum for emergency responders and to make such training available in an electronic format. Additionally, the title revises requirements for Class I railroads that transport hazardous materials to share real-time emergency response information by providing certain information to appropriate state and local officials, including the quantity of hazardous materials. TITLE VII--GENERAL PROVISIONS This title addresses various provisions related to DOT, including performance standards, forced labor, the electromagnetic spectrum, and travel and tourism activities. Specifically, the title TITLE VIII-SPORT FISH RESTORATION AND RECREATIONAL BOATING SAFETY This title reauthorizes through FY2026 the Sport Fish Restoration and Boating Trust Fund which provides funding for several programs, including coastal wetlands, water and boating infrastructure, and recreational boating safety. It also requires an amount to be set-aside each fiscal year through FY2026 for administration of the National Recreational Boating Safety Program and the Wildlife Restoration Fund. The title also requires the GAO to report on (1) the increasing use of nonmotorized vessels and their impacts on motorized and nonmotorized vessel access, (2) user conflicts at waterway access points, (3) the use of Sport Fish Restoration Program funds to improve nonmotorized vessel access and the reasons for providing such access, and (4) the use of Recreational Boating Safety Program funds for nonmotorized boating safety programs. DIVISION C--TRANSIT This division revises provisions related to various public transportation programs, including the fixed guideway capital investment grant program, the public transportation innovation grant program, and the low or no emissions grant program for buses and bus facilities. Among other provisions, the division DIVISION D--ENERGY TITLE I--GRID INFRASTRUCTURE AND RESILIENCY This title establishes a variety of requirements and incentives to support energy infrastructure and cybersecurity for the energy sector, including requirements and incentives to TITLE II--SUPPLY CHAINS FOR CLEAN ENERGY TECHNOLOGIES This title sets forth incentives and requirements to ensure a supply chain for clean energy technologies, such as supply chains for critical minerals (e.g., rare earth minerals) and battery materials. For example, the title provides support for programs that TITLE III--FUELS AND TECHNOLOGY INFRASTRUCTURE INVESTMENTS This title reauthorizes, expands, and establishes programs that support TITLE IV--ENABLING ENERGY INFRASTRUCTURE INVESTMENT AND DATA COLLECTION This title revises various loan programs of the Department of Energy (DOE) and expands DOE data collection requirements. For example, the title expands the eligibility criteria for the Advanced Technology Vehicle Manufacturing Loan Program. It also directs DOE to collect information on the bulk power system, energy consumption, demand for minerals, and other issues. TITLE V--ENERGY EFFICIENCY AND BUILDING INFRASTRUCTURE This title establishes requirements and incentives related to increasing energy efficiency in homes, commercial buildings, manufacturing facilities, public schools, nonprofit buildings, and federal buildings. TITLE VI--METHANE REDUCTION INFRASTRUCTURE This title reauthorizes through FY2022 and revises programs to plug, remediate, and reclaim orphaned (e.g., abandoned) oil or gas wells located on federal, state, or tribal lands. TITLE VII--ABANDONED MINE LAND RECLAMATION This title reduces the fee certain coal mining operations must pay to the Abandoned Mine Reclamation Fund, reauthorizes such fee through FY2034, revises provisions regarding the fund and mine reclamation, and establishes a program to reclaim hard rock mine land. Under the existing Abandoned Mine Land Reclamation Program, the Office of Surface Mining, Reclamation and Enforcement collects a fee from coal mining companies for each ton of coal produced. The fees are deposited into the fund, which may be used to address hazards to public health, safety, and the environment from coal mining sites that were abandoned or unreclaimed as of August 3, 1977. In addition, this title also requires the Department of the Interior to establish a program to inventory, assess, decommission, reclaim, respond to hazardous substance releases on, and remediate abandoned hard rock mine land. TITLE VIII--NATURAL RESOURCES-RELATED INFRASTRUCTURE, WILDFIRE MANAGEMENT, AND ECOSYSTEM RESTORATION This title reauthorizes through FY2026 and revises the Forest Roads and Trails Act and authorizes programs related to wildlife and natural resources, including by authorizing (1) the Forest Service Legacy Road and Trail Remediation Program, (2) a program to reduce the risk of wildfire, and (3) a voluntary program to restore ecosystems. TITLE IX--WESTERN WATER INFRASTRUCTURE This title revises requirements regarding western water infrastructure and authorizes through FY2026 projects of the Bureau of Reclamation projects concerning such infrastructure, such as projects for TITLE X--AUTHORIZATION OF APPROPRIATIONS FOR ENERGY ACT OF 2020 This title authorizes a variety of projects and programs established under the Energy Act of 2020 concerning energy storage, advanced reactors, mineral security, carbon capture, water power, and renewable energy. TITLE XI--WAGE RATE REQUIREMENTS This title requires projects that receive funding under this division to pay all laborers and mechanics locally prevailing wages. TITLE XII--MISCELLANEOUS This title requires DOE to establish a program to oversee demonstration projects authorized under this division or the Energy Act of 2020. In addition, the title extends the Secure Rural Schools and Community Self-Determination Act of 2000. DIVISION E--DRINKING WATER AND WASTEWATER INFRASTRUCTURE Drinking Water and Wastewater Infrastructure Act of 2021 TITLE I--DRINKING WATER This title authorizes a variety of programs within the Environmental Protection Agency (EPA) that support drinking water infrastructure. Specifically, the title reauthorizes through FY2026 and revises the drinking water state revolving fund program, which provides financial assistance to states and water systems for infrastructure projects. In addition, it reauthorizes through FY2026 existing programs and establishes new programs to support drinking water infrastructure, including programs that TITLE II--CLEAN WATER This title authorizes a variety of programs within the EPA that support clean water infrastructure. Specifically, the title reauthorizes through FY2026 and revises (1) the Water Infrastructure Finance and Innovation Act of 2014; and (2) the clean water state revolving fund program, which provides financial assistance to states and communities for sewage and wastewater infrastructure projects. In addition, it reauthorizes through FY2026 existing programs and establishes new programs that support water infrastructure, including programs designed to DIVISION F--BROADBAND TITLE I--BROADBAND GRANTS FOR STATES, DISTRICT OF COLUMBIA, PUERTO RICO, AND TERRITORIES This title establishes measures to promote broadband deployment in unserved and underserved areas through specified projects (e.g., connecting libraries and other community anchor institutions, collecting data and conducting broadband mapping, and installing internet infrastructure). Specifically, the title establishes the Broadband Equity, Access, and Deployment Program to award grants to carry out the purposes of this title. Further, it requires broadband providers to deliver information to the Federal Communications Commission (FCC) to facilitate the creation and maintenance of broadband maps. The FCC must establish an online mapping tool to provide a geographic footprint of each federally funded broadband infrastructure deployment project. TITLE II--TRIBAL CONNECTIVITY TECHNICAL AMENDMENTS This title modifies the Tribal Broadband Connectivity Program, through which the National Telecommunications and Information Administration (NTIA) makes grants to expand access to and adoption of broadband service on tribal land for remote learning, telework, or telehealth resources. Specifically, the title extends the deadline for a grant recipient to (1) commit grant funds to a specific use, and (2) expend the grant funds. The title also authorizes a grant recipient to use grant funds to cover up to 2.5% of the total project cost for planning, feasibility, and sustainability studies. If Congress appropriates additional funds for these grants after the enactment of this bill, the NTIA (1) may use a portion of the funds to fully fund grants that were not fully funded initially, and (2) shall allocate any remaining funds through subsequent funding rounds. TITLE III--DIGITAL EQUITY ACT OF 2021 Digital Equity Act of 2021 This title requires the NTIA to establish grant programs for promoting digital equity, supporting digital inclusion activities, and building capacity for state-led efforts to increase adoption of broadband by their residents. Specifically, the title establishes the State Digital Equity Capacity Grant Program to make distributions to states based on their populations, demographics, and availability and adoption of broadband. The title also establishes the Digital Equity Competitive Grant Program for supporting efforts to achieve digital equity, promote digital inclusion, and stimulate adoption of broadband. TITLE IV--ENABLING MIDDLE MILE BROADBAND INFRASTRUCTURE This title requires the NTIA to make grants to eligible entities for the construction, improvement, or acquisition of middle mile infrastructure (i.e., the midsection of the infrastructure required to enable internet connectivity for end users but which does not connect directly to an end-user location). Entities eligible to receive such grants include states, tribal governments, telecommunications companies, various nonprofit entities, and economic development authorities. TITLE V--BROADBAND AFFORDABILITY This title revises and makes permanent the Affordable Connectivity Benefit Program (formerly, the Emergency Broadband Benefit Program) established to reimburse broadband providers for costs associated with discounting broadband service for certain households during the COVID-19 emergency period. Participating providers must allow recipient households to apply the affordable connectivity benefit to any of its internet service offerings and may not require the households to submit to a credit check in order to apply the benefit. Such providers must also carry out public awareness campaigns in service areas to highlight the existence of the program and the value and benefits of broadband. The FCC must promulgate regulations to require the display of broadband consumer labels to disclose to consumers specified information regarding broadband internet plans, including information regarding whether the offered price is an introductory rate. Further, the FCC must adopt final rules to facilitate equal access to broadband, which must include (1) preventing digital discrimination of access based on factors such as income level, race, or religion; and (2) identifying necessary steps for the FCC to eliminate such discrimination. The Government Accountability Office (GAO) must evaluate and report on the process used by the FCC for establishing, reviewing, and updating the upload and download speed thresholds for broadband service. TITLE VI--TELECOMMUNICATIONS INDUSTRY WORKFORCE Telecommunications Skilled Workforce Act This title establishes measures to address the workforce needs of the telecommunications industry. Specifically, the title requires the FCC to establish an interagency working group to develop recommendations for addressing these workforce needs, including the safety of that workforce. The FCC must also establish and issue guidance for states on matters related to workforce needs and safety of the telecommunications industry, including how a state workforce development board can (1) utilize federal resources available to meet relevant workforce needs; (2) promote and improve recruitment in the Telecommunications Industry Registered Apprenticeship Program and other qualified industry-led workforce development programs; and (3) ensure the safety of tower climbers and other members of the telecommunications workforce. The GAO must submit to Congress a report that estimates the number of skilled telecommunications workers that will be required to build and maintain (1) broadband infrastructure in rural areas, and (2) the infrastructure needed to support 5G wireless technology. DIVISION G--OTHER AUTHORIZATIONS TITLE I--INDIAN WATER RIGHTS SETTLEMENT COMPLETION FUND This title establishes in the Treasury an Indian Water Rights Settlement Completion Fund. Amounts deposited in the fund shall be used by the Department of the Interior for transfers to accounts authorized to receive discretionary appropriations, or to satisfy other obligations identified by Interior, under an approved Indian water settlement. TITLE II--WILDFIRE MITIGATION Wildland Fire Mitigation and Management Commission Act of 2021 This title directs Interior, the Department of Agriculture (USDA), and the Federal Emergency Management Agency (FEMA) to jointly establish a temporary commission to study and make recommendations to improve federal policies relating to wildland fires in the United States, including rehabilitating land devastated by wildland fires. The commission shall terminate 180 days after it submits two reports to Congress (1) recommendations to prevent, mitigate, suppress, and manage wildland fires; and (2) a strategy to meet aerial firefighting equipment needs that may be used for wildland firefighting purposes through 2030 in the most cost-effective manner. TITLE III--REFORESTATION Repairing Existing Public Land by Adding Necessary Trees Act or the REPLANT Act This title directs USDA to annually transmit to Congress for each of the 10 years after enactment of this title an estimate of appropriations necessary to replant and otherwise treat (1) forested land intended to be cut over that year, and (2) a sufficient portion of the backlog of lands that need treatment to eliminate the backlog within the 10-year period. After such 10-year period, USDA shall transmit annually to Congress an estimate of the sums necessary to replant and otherwise treat all lands being cut over and maintain planned timber production on all other forested lands in the National Forest System to prevent the development of a backlog of needed work larger than the needed work at the beginning of the fiscal year. Each reforestation activity included in a renewable resource assessment shall be carried out in accordance with applicable Forest Service management practices and definitions, including definitions relating to silvicultural practices and forest management. The Forest Service shall, based on recommendations from regional foresters, create a priority list of reforestation projects that primarily take place on priority land and promote effective reforestation following unplanned events. The list may include activities to ensure adequate and appropriate seed availability. USDA shall give priority to projects on the list. TITLE IV--RECYCLING PRACTICES This title provides support for recycling programs. Specifically, the Environmental Protection Agency (EPA) must develop best practices for states, tribal, and local governments with respect to the collection of batteries to be recycled in a manner that (1) is technically and economically feasible; (2) is environmentally sound and safe for waste management workers; and (3) optimizes the value and use of material derived from recycling of batteries. The title also requires the EPA to establish a program to award grants to improve the effectiveness of residential and community recycling programs through public education and outreach. In addition, the EPA must develop a model recycling program toolkit for states, Native American tribes, and local governments. Finally, the title specifies that the EPA's review of its federal procurement guidelines for purchasing certain recycled materials and items made with such materials must occur at least once every five years. TITLE V--BIOPRODUCT PILOT PROGRAM This title directs USDA to carry out a pilot program to partner with not less than one qualified institution to study the benefits of using materials derived from certain agricultural commodities in the production of construction and consumer products, including greenhouse gas emission reductions and other environmental benefits relative to other commonly used alternative materials. TITLE VI--CYBERSECURITY Cyber Response and Recovery Act This title authorizes the Department of Homeland Security (DHS) to declare a significant incident in the event of a breach of a public or private network and establishes a Cyber Response and Recovery Fund. Specifically, DHS may make the declaration upon determining that a specific significant incident has occurred or is likely to occur imminently and that otherwise available resources, other than the fund, are likely insufficient to respond to or mitigate the incident effectively. Upon a declaration, the Cybersecurity and Infrastructure Security Agency must coordinate the response activities of (1) each federal agency; (2) local governments, law enforcement agencies, and other responding entities; and (3) federal, state, local, and tribal emergency management and response agencies. The fund shall be available for the coordination of such activities and for response and recovery support. State and Local Cybersecurity Improvement Act Additionally, the title establishes the State and Local Cybersecurity Grant Program to address cybersecurity risks and threats to the information systems of state, local, or tribal governments. TITLE VII--PUBLIC-PRIVATE PARTNERSHIPS This title requires entities carrying out certain transportation projects to conduct a value-for-money analysis or comparable analysis of the project during the planning and project development process and prior to signing any Project Development Agreement. For each project the entity carrying out the project must include the results of the analysis on the website of the project and submit the results of the analysis to the Build America Bureau and the Department of Transportation (DOT). DOT must issue guidance on performance benchmarks, risk premiums, and expected rates of return on private financing for such projects. TITLE VIII--FEDERAL PERMITTING IMPROVEMENT This title revises the program responsible for federal coordination and review of major infrastructure projects, including by making this program permanent and by expanding the types of projects eligible for the program. TITLE IX--BUILD AMERICA, BUY AMERICA Build America, Buy America Act This title requires federal infrastructure programs to provide for the use of materials produced in the United States. For example each federal agency must submit to the Office of Management and Budget (OMB) and to Congress a report that identifies each federal financial assistance program for infrastructure administered by the agency and (1) identify domestic content procurement preferences applicable to the assistance, (2) assess the applicability of such requirements, (3) provide details on any applicable domestic content procurement preference requirement, and (4) include a description of the type of infrastructure projects that receive funding under the program. Additionally, each agency shall ensure that none of the funds made available for such a program are used for a project unless all of the iron, steel, and manufactured products used in the project are produced in the United States. Agencies may waive these requirements where inconsistent with the public interest, where not produced in sufficient quantities or satisfactory quality, or where such inclusion will increase the cost of the project by more than 25%. The title also directs the Office for Federal Procurement Policy in the OMB to promulgate final regulations or other policy guidance to standardize and simplify how federal agencies comply with, report on, and enforce the Buy American Act. Further, the title directs specified federal agencies to take steps to increase transparency and limit the use of waivers of Buy American laws. Generally, Buy American laws require agencies to procure domestic goods. BuyAmerican.gov Act of 2021 The title requires (1) the Department of Commerce, the Office of the U.S. Trade Representative, and the OMB to assess the impacts of all U.S. free trade agreements, the World Trade Organization Agreement on Government Procurement, and federal permitting processes on the operation of Buy American laws; and (2) the General Services Administration (GSA) to establish a free, publicly available BuyAmerican.gov website. Public interest waivers from Buy American laws shall be construed to ensure the maximum utilization of goods, products, and materials produced in the United States. The GSA shall develop a mechanism to collect information on requests to invoke a Buy American waiver for a federal contract. Make PPE in America Act The title also requires procurement contracts for personal protective equipment (PPE) to be long-term and for domestically manufactured. Contracts entered into by the Departments of Homeland Security, Health and Human Services, Defense, Education, or Veterans Affairs for the procurement of PPE must be for a duration of at least two years, including all option periods, to incentivize investment in the production of PPE, and materials and components of PPE, in the United States. The title provides exceptions (1) where a non availability determination has been made, or (2) where a sufficient quantity of a satisfactory quality cannot be procured as and when needed at U.S. market prices. The departments must certify every 120 days that an exception is necessary to procure PPE to meet the immediate needs of a public health emergency. Such departments may transfer to the Strategic National Stockpile any excess PPE acquired under a contract. TITLE X--ASSET CONCESSIONS This title directs the Department of Transportation (DOT) to establish a grant program to provide technical assistance and other resources to state and local transportation agencies that are interested in engaging the private sector in public-private partnerships, asset concessions, and other innovative financing. TITLE XI--CLEAN SCHOOL BUSES AND FERRIES This title establishes and expands programs related to clean school buses and ferries. Specifically, the title DIVISION H--REVENUE PROVISIONS TITLE I--HIGHWAY TRUST FUND This title extends several highway-related authorizations and tax provisions, including The title makes additional transfers from the general fund of the Treasury to the Highway Trust Fund. TITLE IV--BOND PROVISIONS This title adds broadband as an allowable use for private activity bonds and allows carbon capture and direct air capture technologies to be eligible for private activity bond financing. The title increases the current cap on tax-exempt highway or surface freight transfer facility bonds to $30 billion. TITLE V--RELIEF FOR TAXPAYERS AFFECTED BY DISASTERS OR OTHER CRITICAL EVENTS This title modifies requirements relating to the authority of the the Department of the Treasury to allow extensions of tax filing deadlines when there is either a federally-declared disaster or a terroristic or military action. It also extends such authority by reason of significant fires. The title also expands the authority to postpone the time for filing of Tax Court petitions to include all petitions, not just deficiency petitions or for erroneous refunds. TITLE VI--OTHER PROVISIONS This title revises requirements for the tax exclusion for contributions to the capital of a corporation. Specifically, it allows an exclusion for certain amounts received by a regulated public utility that provides water or sewerage disposal services. The title provides for the extension of tax rules for stabilizing interest rates on contribution amounts to defined benefit pension plans. The title modifies reporting requirements and definitions relating to brokers and digital assets for returns and information statements required after 2023. This provision provides for the termination of the employee retention tax credit after FY2021, except for start-up businesses which terminate on December 31, 2021. DIVISION I--OTHER MATTERS This division addresses a wide range of policy areas such as energy, health care, and telecommunications. It includes provisions that DIVISION J--APPROPRIATIONS This division provides appropriations for FY2022 for the departments and agencies included in this division. Infrastructure Investments and Jobs Appropriations Act TITLE I--AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG ADMINISTRATION, AND RELATED AGENCIES This title provides appropriations to the Department of Agriculture for the Natural Resources Conservation Service (NRCS) and the Rural Utilities Service (RUS). Specifically, the title provides appropriations to the NRCS for The title provides appropriations to the RUS for the Distance Learning, Telemedicine, and the Broadband Program. In addition, the title provides appropriations to implement a pilot program to study the benefits of using agricultural commodities in the production of construction and consumer products. TITLE II--COMMERCE, JUSTICE, SCIENCE, AND RELATED AGENCIES This title provides appropriations to the National Telecommunications and Information Administration for It also provides appropriations to the National Oceanic and Atmospheric Administration for TITLE III--ENERGY AND WATER DEVELOPMENT AND RELATED AGENCIES This title provides appropriations for the U.S. Army Corps of Engineers, the Bureau of Reclamation, the Department of Energy (DOE), and several independent agencies. Specifically, the title provides appropriations for U.S. Army Corps of Engineers civil works projects, including for The title provides appropriations to the Department of the Interior for the Central Utah Project and the Bureau of Reclamation. Within DOE, the title provides appropriations for The title also provides appropriations for several independent agencies, including: TITLE IV--FINANCIAL SERVICES AND GENERAL GOVERNMENT This title provides appropriations for It also provides appropriations to the General Services Administration for construction and acquisition, repairs, and alterations of border stations and land ports of entry. TITLE V--DEPARTMENT OF HOMELAND SECURITY This title provides appropriations to the Department of Homeland Security for TITLE VI--DEPARTMENT OF THE INTERIOR, ENVIRONMENT, AND RELATED AGENCIES This title provides appropriations to the Department of the Interior for The title provides appropriations to the Environmental Protection Agency for In addition, the title provides appropriations to the Forest Service for Within the Department of Health and Human Services (HHS), the title provides appropriations for the Indian Health Service. TITLE VII--LABOR, HEALTH AND HUMAN SERVICES, AND EDUCATION, AND RELATED AGENCIES This title provides appropriations to HHS for the Low Income Home Energy Assistance Program. TITLE VIII--TRANSPORTATION, HOUSING AND URBAN DEVELOPMENT, AND RELATED AGENCIES This title provides appropriations to the Department of Transportation for TITLE IX--GENERAL PROVISIONS--THIS DIVISION This title exempts the budgetary effects of specified provisions of this bill from (1) the Statutory Pay-As-You-Go Act of 2010 (PAYGO), (2) the Senate PAYGO rule, and (3) certain budget score keeping rules. DIVISION K--MINORITY BUSINESS DEVELOPMENT Minority Business Development Act of 2021 This division provides statutory authority for the Minority Business Development Agency (MBDA) and establishes the Office of Business Centers within the MBDA. The MBDA works to facilitate the growth and global competitiveness of minority business enterprises. TITLE I--EXISTING INITIATIVES This title provides statutory authority for market development, research, and information gathering initiatives in collaboration with public and private sector entities to assist and promote minority businesses in domestic and foreign markets. The title also provides statutory authority for the MBDA Business Center Program, which establishes a national network of public-private partnerships that assist minority business enterprises in accessing capital, contracts, and grants, creating and maintaining jobs, providing counseling and mentoring, and facilitating the growth of minority business enterprises by promoting trade. TITLE II--NEW INITIATIVES TO PROMOTE ECONOMIC RESILIENCY FOR MINORITY BUSINESSES This title establishes initiatives to promote the economic resiliency of minority businesses, including requiring the MBDA to (1) conduct a government-business forum to review problems and programs relating to capital formation by minority businesses, (2) study and report on opportunities for providing alternative financing solutions to minority businesses, and (3) promote the education and training of socially or economically disadvantaged individuals in subjects directly relating to business administration and management. TITLE III--RURAL MINORITY BUSINESS CENTER PROGRAM This title authorizes the MBDA to establish rural business centers, in partnership with minority-serving institutions or consortia of such institutions that are led by a minority-serving institution, to serve rural minority businesses and to focus on issues such as broadband adoption, advanced manufacturing, and job creation. TITLE IV--MINORITY BUSINESS DEVELOPMENT GRANTS This title establishes the Minority Business Development grant program to award grants to nonprofit organizations that support the development, growth, or retention of minority businesses. TITLE V--MINORITY BUSINESS ENTERPRISES ADVISORY COUNCIL This title requires the MBDA to establish the Minority Business Enterprises Advisory Council to serve as a resource for socially or economically disadvantaged businesses. TITLE VI--FEDERAL COORDINATION OF MINORITY BUSINESS PROGRAMS This title authorizes the MBDA to coordinate federal plans, programs, and operations that affect the establishment, preservation, and strengthening of socially or economically disadvantaged businesses. Further, it requires the MBDA to take steps to facilitate the participation of federal departments and agencies in supporting such businesses. TITLE VII--ADMINISTRATIVE POWERS OF THE AGENCY; MISCELLANEOUS PROVISIONS This title provides administrative authorities, allows the MBDA to provide certain federal assistance (e.g., grants) to public and private sector entities to carry out existing initiatives targeting minority businesses, and establishes record keeping and reporting requirements.

[117th Congress Public Law 58] [From the U.S. Government Publishing Office] [[Page 135 STAT. 429]] Public Law 117-58 117th Congress An Act To authorize funds for Federal-aid highways, highway safety programs, and transit programs, and for other purposes. <<NOTE: Nov. 15, 2021 - [H.R. 3684]>> Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, <<NOTE: Infrastructure Investment and Jobs Act.>> SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) <<NOTE: 23 USC 101 note.>> Short Title.--This Act may be cited as the ``Infrastructure Investment and Jobs Act''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. References. DIVISION A--SURFACE TRANSPORTATION Sec. 10001. Short title. Sec. 10002. Definitions. Sec. 10003. Effective date. TITLE I--FEDERAL-AID HIGHWAYS Subtitle A--Authorizations and Programs Sec. 11101. Authorization of appropriations. Sec. 11102. Obligation ceiling. Sec. 11103. Definitions. Sec. 11104. Apportionment. Sec. 11105. National highway performance program. Sec. 11106. Emergency relief. Sec. 11107. Federal share payable. Sec. 11108. Railway-highway grade crossings. Sec. 11109. Surface transportation block grant program. Sec. 11110. Nationally significant freight and highway projects. Sec. 11111. Highway safety improvement program. Sec. 11112. Federal lands transportation program. Sec. 11113. Federal lands access program. Sec. 11114. National highway freight program. Sec. 11115. Congestion mitigation and air quality improvement program. Sec. 11116. Alaska Highway. Sec. 11117. Toll roads, bridges, tunnels, and ferries. Sec. 11118. Bridge investment program. Sec. 11119. Safe routes to school. Sec. 11120. Highway use tax evasion projects. Sec. 11121. Construction of ferry boats and ferry terminal facilities. Sec. 11122. Vulnerable road user research. Sec. 11123. Wildlife crossing safety. Sec. 11124. Consolidation of programs. Sec. 11125. GAO report. Sec. 11126. Territorial and Puerto Rico highway program. Sec. 11127. Nationally significant Federal lands and Tribal projects program. Sec. 11128. Tribal high priority projects program. Sec. 11129. Standards. Sec. 11130. Public transportation. [[Page 135 STAT. 430]] Sec. 11131. Reservation of certain funds. Sec. 11132. Rural surface transportation grant program. Sec. 11133. Bicycle transportation and pedestrian walkways. Sec. 11134. Recreational trails program. Sec. 11135. Updates to Manual on Uniform Traffic Control Devices. Subtitle B--Planning and Performance Management Sec. 11201. Transportation planning. Sec. 11202. Fiscal constraint on long-range transportation plans. Sec. 11203. State human capital plans. Sec. 11204. Prioritization process pilot program. Sec. 11205. Travel demand data and modeling. Sec. 11206. Increasing safe and accessible transportation options. Subtitle C--Project Delivery and Process Improvement Sec. 11301. Codification of One Federal Decision. Sec. 11302. Work zone process reviews. Sec. 11303. Transportation management plans. Sec. 11304. Intelligent transportation systems. Sec. 11305. Alternative contracting methods. Sec. 11306. Flexibility for projects. Sec. 11307. Improved Federal-State stewardship and oversight agreements. Sec. 11308. Geomatic data. Sec. 11309. Evaluation of projects within an operational right-of-way. Sec. 11310. Preliminary engineering. Sec. 11311. Efficient implementation of NEPA for Federal land management projects. Sec. 11312. National Environmental Policy Act of 1969 reporting program. Sec. 11313. Surface transportation project delivery program written agreements. Sec. 11314. State assumption of responsibility for categorical exclusions. Sec. 11315. Early utility relocation prior to transportation project environmental review. Sec. 11316. Streamlining of section 4(f) reviews. Sec. 11317. Categorical exclusion for projects of limited Federal assistance. Sec. 11318. Certain gathering lines located on Federal land and Indian land. Sec. 11319. Annual report. Subtitle D--Climate Change Sec. 11401. Grants for charging and fueling infrastructure. Sec. 11402. Reduction of truck emissions at port facilities. Sec. 11403. Carbon reduction program. Sec. 11404. Congestion relief program. Sec. 11405. Promoting Resilient Operations for Transformative, Efficient, and Cost-saving Transportation (PROTECT) program. Sec. 11406. Healthy Streets program. Subtitle E--Miscellaneous Sec. 11501. Additional deposits into Highway Trust Fund. Sec. 11502. Stopping threats on pedestrians. Sec. 11503. Transfer and sale of toll credits. Sec. 11504. Study of impacts on roads from self-driving vehicles. Sec. 11505. Disaster relief mobilization study. Sec. 11506. Appalachian Regional Commission. Sec. 11507. Denali Commission. Sec. 11508. Requirements for transportation projects carried out through public-private partnerships. Sec. 11509. Reconnecting communities pilot program. Sec. 11510. Cybersecurity tool; cyber coordinator. Sec. 11511. Report on emerging alternative fuel vehicles and infrastructure. Sec. 11512. Nonhighway recreational fuel study. Sec. 11513. Buy America. Sec. 11514. High priority corridors on the National Highway System. Sec. 11515. Interstate weight limits. Sec. 11516. Report on air quality improvements. Sec. 11517. Roadside highway safety hardware. Sec. 11518. Permeable pavements study. Sec. 11519. Emergency relief projects. Sec. 11520. Study on stormwater best management practices. Sec. 11521. Stormwater best management practices reports. Sec. 11522. Invasive plant elimination program. Sec. 11523. Over-the-road bus tolling equity. [[Page 135 STAT. 431]] Sec. 11524. Bridge terminology. Sec. 11525. Technical corrections. Sec. 11526. Working group on covered resources. Sec. 11527. Blood transport vehicles. Sec. 11528. Pollinator-friendly practices on roadsides and highway rights-of-way. Sec. 11529. Active transportation infrastructure investment program. Sec. 11530. Highway cost allocation study. TITLE II--TRANSPORTATION INFRASTRUCTURE FINANCE AND INNOVATION Sec. 12001. Transportation Infrastructure Finance and Innovation Act of 1998 amendments. Sec. 12002. Federal requirements for TIFIA eligibility and project selection. TITLE III--RESEARCH, TECHNOLOGY, AND EDUCATION Sec. 13001. Strategic innovation for revenue collection. Sec. 13002. National motor vehicle per-mile user fee pilot. Sec. 13003. Performance management data support program. Sec. 13004. Data integration pilot program. Sec. 13005. Emerging technology research pilot program. Sec. 13006. Research and technology development and deployment. Sec. 13007. Workforce development, training, and education. Sec. 13008. Wildlife-vehicle collision research. Sec. 13009. Transportation Resilience and Adaptation Centers of Excellence. Sec. 13010. Transportation access pilot program. TITLE IV--INDIAN AFFAIRS Sec. 14001. Definition of Secretary. Sec. 14002. Environmental reviews for certain tribal transportation facilities. Sec. 14003. Programmatic agreements for tribal categorical exclusions. Sec. 14004. Use of certain tribal transportation funds. Sec. 14005. Bureau of Indian Affairs road maintenance program. Sec. 14006. Study of road maintenance on Indian land. Sec. 14007. Maintenance of certain Indian reservation roads. Sec. 14008. Tribal transportation safety needs. Sec. 14009. Office of Tribal Government Affairs. DIVISION B--SURFACE TRANSPORTATION INVESTMENT ACT OF 2021 Sec. 20001. Short title. Sec. 20002. Definitions. TITLE I--MULTIMODAL AND FREIGHT TRANSPORTATION Subtitle A--Multimodal Freight Policy Sec. 21101. Office of Multimodal Freight Infrastructure and Policy. Sec. 21102. Updates to National Freight Plan. Sec. 21103. State collaboration with National Multimodal Freight Network. Sec. 21104. Improving State freight plans. Sec. 21105. Implementation of National Multimodal Freight Network. Sec. 21106. Multi-State freight corridor planning. Sec. 21107. State freight advisory committees. Subtitle B--Multimodal Investment Sec. 21201. National infrastructure project assistance. Sec. 21202. Local and regional project assistance. Sec. 21203. National culvert removal, replacement, and restoration grant program. Sec. 21204. National multimodal cooperative freight research program. Sec. 21205. Rural and Tribal infrastructure advancement. Subtitle C--Railroad Rehabilitation and Improvement Financing Reforms Sec. 21301. RRIF codification and reforms. Sec. 21302. Substantive criteria and standards. Sec. 21303. Semiannual report on transit-oriented development eligibility. TITLE II--RAIL Sec. 22001. Short title. Subtitle A--Authorization of Appropriations Sec. 22101. Grants to Amtrak. [[Page 135 STAT. 432]] Sec. 22102. Federal Railroad Administration. Sec. 22103. Consolidated rail infrastructure and safety improvements grants. Sec. 22104. Railroad crossing elimination program. Sec. 22105. Restoration and enhancement grants. Sec. 22106. Federal-State partnership for intercity passenger rail grants. Sec. 22107. Amtrak Office of Inspector General. Subtitle B--Amtrak Reforms Sec. 22201. Amtrak findings, mission, and goals. Sec. 22202. Composition of Amtrak's Board of Directors. Sec. 22203. Station agents. Sec. 22204. Increasing oversight of changes to Amtrak long-distance routes and other intercity services. Sec. 22205. Improved oversight of Amtrak accounting. Sec. 22206. Improved oversight of Amtrak spending. Sec. 22207. Increasing service line and asset line plan transparency. Sec. 22208. Passenger experience enhancement. Sec. 22209. Amtrak smoking policy. Sec. 22210. Protecting Amtrak routes through rural communities. Sec. 22211. State-Supported Route Committee. Sec. 22212. Enhancing cross border service. Sec. 22213. Creating quality jobs. Sec. 22214. Amtrak daily long-distance service study. Subtitle C--Intercity Passenger Rail Policy Sec. 22301. Northeast Corridor planning. Sec. 22302. Northeast Corridor Commission. Sec. 22303. Consolidated rail infrastructure and safety improvements. Sec. 22304. Restoration and enhancement grants. Sec. 22305. Railroad crossing elimination program. Sec. 22306. Interstate rail compacts. Sec. 22307. Federal-State partnership for intercity passenger rail grants. Sec. 22308. Corridor identification and development program. Sec. 22309. Surface Transportation Board passenger rail program. Subtitle D--Rail Safety Sec. 22401. Railway-highway crossings program evaluation. Sec. 22402. Grade crossing accident prediction model. Sec. 22403. Periodic updates to highway-rail crossing reports and plans. Sec. 22404. Blocked crossing portal. Sec. 22405. Data accessibility. Sec. 22406. Emergency lighting. Sec. 22407. Comprehensive rail safety review of Amtrak. Sec. 22408. Completion of hours of service and fatigue studies. Sec. 22409. Positive train control study. Sec. 22410. Operating crew member training, qualification, and certification. Sec. 22411. Transparency and safety. Sec. 22412. Research and development. Sec. 22413. Rail research and development center of excellence. Sec. 22414. Quarterly report on positive train control system performance. Sec. 22415. Speed limit action plans. Sec. 22416. New passenger service pre-revenue safety validation plan. Sec. 22417. Federal Railroad Administration accident and incident investigations. Sec. 22418. Civil penalty enforcement authority. Sec. 22419. Advancing safety and innovative technology. Sec. 22420. Passenger rail vehicle occupant protection systems. Sec. 22421. Federal Railroad Administration reporting requirements. Sec. 22422. National Academies study on trains longer than 7,500 feet. Sec. 22423. High-speed train noise emissions. Sec. 22424. Critical incident stress plans. Sec. 22425. Requirements for railroad freight cars placed into service in the United States. Sec. 22426. Railroad point of contact for public safety issues. Sec. 22427. Controlled substances testing for mechanical employees. TITLE III--MOTOR CARRIER SAFETY Sec. 23001. Authorization of appropriations. Sec. 23002. Motor carrier safety advisory committee. Sec. 23003. Combating human trafficking. Sec. 23004. Immobilization grant program. Sec. 23005. Commercial motor vehicle enforcement training and support. [[Page 135 STAT. 433]] Sec. 23006. Study of commercial motor vehicle crash causation. Sec. 23007. Promoting women in the trucking workforce. Sec. 23008. State inspection of passenger-carrying commercial motor vehicles. Sec. 23009. Truck Leasing Task Force. Sec. 23010. Automatic emergency braking. Sec. 23011. Underride protection. Sec. 23012. Providers of recreational activities. Sec. 23013. Amendments to regulations relating to transportation of household goods in interstate commerce. Sec. 23014. Improving Federal-State motor carrier safety enforcement coordination. Sec. 23015. Limousine research. Sec. 23016. National Consumer Complaint Database. Sec. 23017. Electronic logging device oversight. Sec. 23018. Transportation of agricultural commodities and farm supplies. Sec. 23019. Modification of restrictions on certain commercial driver's licenses. Sec. 23020. Report on human trafficking violations involving commercial motor vehicles. Sec. 23021. Broker guidance relating to Federal motor carrier safety regulations. Sec. 23022. Apprenticeship pilot program. Sec. 23023. Limousine compliance with Federal safety standards. TITLE IV--HIGHWAY AND MOTOR VEHICLE SAFETY Subtitle A--Highway Traffic Safety Sec. 24101. Authorization of appropriations. Sec. 24102. Highway safety programs. Sec. 24103. Highway safety research and development. Sec. 24104. High-visibility enforcement programs. Sec. 24105. National priority safety programs. Sec. 24106. Multiple substance-impaired driving prevention. Sec. 24107. Minimum penalties for repeat offenders for driving while intoxicated or driving under the influence. Sec. 24108. Crash data. Sec. 24109. Review of Move Over or Slow Down Law public awareness. Sec. 24110. Review of laws, safety measures, and technologies relating to school buses. Sec. 24111. Motorcyclist Advisory Council. Sec. 24112. Safe Streets and Roads for All grant program. Sec. 24113. Implementation of GAO recommendations. Subtitle B--Vehicle Safety Sec. 24201. Authorization of appropriations. Sec. 24202. Recall completion. Sec. 24203. Recall engagement. Sec. 24204. Motor vehicle seat back safety standards. Sec. 24205. Automatic shutoff. Sec. 24206. Petitions by interested persons for standards and enforcement. Sec. 24207. Child safety seat accessibility study. Sec. 24208. Crash avoidance technology. Sec. 24209. Reduction of driver distraction. Sec. 24210. Rulemaking report. Sec. 24211. Global harmonization. Sec. 24212. Headlamps. Sec. 24213. New Car Assessment Program. Sec. 24214. Hood and bumper standards. Sec. 24215. Emergency medical services and 9-1-1. Sec. 24216. Early warning reporting. Sec. 24217. Improved vehicle safety databases. Sec. 24218. National Driver Register Advisory Committee repeal. Sec. 24219. Research on connected vehicle technology. Sec. 24220. Advanced impaired driving technology. Sec. 24221. GAO report on crash dummies. Sec. 24222. Child safety. TITLE V--RESEARCH AND INNOVATION Sec. 25001. Intelligent Transportation Systems Program Advisory Committee. Sec. 25002. Smart Community Resource Center. Sec. 25003. Federal support for local decisionmaking. Sec. 25004. Bureau of Transportation Statistics. Sec. 25005. Strengthening mobility and revolutionizing transportation grant program. [[Page 135 STAT. 434]] Sec. 25006. Electric vehicle working group. Sec. 25007. Risk and system resilience. Sec. 25008. Coordination on emerging transportation technology. Sec. 25009. Interagency Infrastructure Permitting Improvement Center. Sec. 25010. Rural opportunities to use transportation for economic success initiative. Sec. 25011. Safety data initiative. Sec. 25012. Advanced transportation research. Sec. 25013. Open research initiative. Sec. 25014. Transportation research and development 5-year strategic plan. Sec. 25015. Research planning modifications. Sec. 25016. Incorporation of Department of Transportation research. Sec. 25017. University transportation centers program. Sec. 25018. National travel and tourism infrastructure strategic plan. Sec. 25019. Local hiring preference for construction jobs. Sec. 25020. Transportation workforce development. Sec. 25021. Intermodal Transportation Advisory Board repeal. Sec. 25022. GAO cybersecurity recommendations. Sec. 25023. Volpe oversight. Sec. 25024. Modifications to grant program. Sec. 25025. Drug-impaired driving data collection. Sec. 25026. Report on marijuana research. Sec. 25027. GAO study on improving the efficiency of traffic systems. TITLE VI--HAZARDOUS MATERIALS Sec. 26001. Authorization of appropriations. Sec. 26002. Assistance for local emergency response training grant program. Sec. 26003. Real-time emergency response information. TITLE VII--GENERAL PROVISIONS Sec. 27001. Performance measurement, transparency, and accountability. Sec. 27002. Coordination regarding forced labor. Sec. 27003. Department of Transportation spectrum audit. Sec. 27004. Study and reports on the travel and tourism activities of the Department. TITLE VIII--SPORT FISH RESTORATION AND RECREATIONAL BOATING SAFETY Sec. 28001. Sport fish restoration and recreational boating safety. DIVISION C--TRANSIT Sec. 30001. Definitions. Sec. 30002. Metropolitan transportation planning. Sec. 30003. Statewide and nonmetropolitan transportation planning. Sec. 30004. Planning programs. Sec. 30005. Fixed guideway capital investment grants. Sec. 30006. Formula grants for rural areas. Sec. 30007. Public transportation innovation. Sec. 30008. Bus testing facilities. Sec. 30009. Transit-oriented development. Sec. 30010. General provisions. Sec. 30011. Public transportation emergency relief program. Sec. 30012. Public transportation safety program. Sec. 30013. Administrative provisions. Sec. 30014. National transit database. Sec. 30015. Apportionment of appropriations for formula grants. Sec. 30016. State of good repair grants. Sec. 30017. Authorizations. Sec. 30018. Grants for buses and bus facilities. Sec. 30019. Washington Metropolitan Area Transit Authority safety, accountability, and investment. DIVISION D--ENERGY Sec. 40001. Definitions. TITLE I--GRID INFRASTRUCTURE AND RESILIENCY Subtitle A--Grid Infrastructure Resilience and Reliability Sec. 40101. Preventing outages and enhancing the resilience of the electric grid. Sec. 40102. Hazard mitigation using disaster assistance. [[Page 135 STAT. 435]] Sec. 40103. Electric grid reliability and resilience research, development, and demonstration. Sec. 40104. Utility demand response. Sec. 40105. Siting of interstate electric transmission facilities. Sec. 40106. Transmission facilitation program. Sec. 40107. Deployment of technologies to enhance grid flexibility. Sec. 40108. State energy security plans. Sec. 40109. State energy program. Sec. 40110. Power marketing administration transmission borrowing authority. Sec. 40111. Study of codes and standards for use of energy storage systems across sectors. Sec. 40112. Demonstration of electric vehicle battery second-life applications for grid services. Sec. 40113. Columbia Basin power management. Subtitle B--Cybersecurity Sec. 40121. Enhancing grid security through public-private partnerships. Sec. 40122. Energy Cyber Sense program. Sec. 40123. Incentives for advanced cybersecurity technology investment. Sec. 40124. Rural and municipal utility advanced cybersecurity grant and technical assistance program. Sec. 40125. Enhanced grid security. Sec. 40126. Cybersecurity plan. Sec. 40127. Savings provision. TITLE II--SUPPLY CHAINS FOR CLEAN ENERGY TECHNOLOGIES Sec. 40201. Earth Mapping Resources Initiative. Sec. 40202. National Cooperative Geologic Mapping Program. Sec. 40203. National Geological and Geophysical Data Preservation Program. Sec. 40204. USGS energy and minerals research facility. Sec. 40205. Rare earth elements demonstration facility. Sec. 40206. Critical minerals supply chains and reliability. Sec. 40207. Battery processing and manufacturing. Sec. 40208. Electric drive vehicle battery recycling and second-life applications program. Sec. 40209. Advanced energy manufacturing and recycling grant program. Sec. 40210. Critical minerals mining and recycling research. Sec. 40211. 21st Century Energy Workforce Advisory Board. TITLE III--FUELS AND TECHNOLOGY INFRASTRUCTURE INVESTMENTS Subtitle A--Carbon Capture, Utilization, Storage, and Transportation Infrastructure Sec. 40301. Findings. Sec. 40302. Carbon utilization program. Sec. 40303. Carbon capture technology program. Sec. 40304. Carbon dioxide transportation infrastructure finance and innovation. Sec. 40305. Carbon storage validation and testing. Sec. 40306. Secure geologic storage permitting. Sec. 40307. Geologic carbon sequestration on the outer Continental Shelf. Sec. 40308. Carbon removal. Subtitle B--Hydrogen Research and Development Sec. 40311. Findings; purpose. Sec. 40312. Definitions. Sec. 40313. Clean hydrogen research and development program. Sec. 40314. Additional clean hydrogen programs. Sec. 40315. Clean hydrogen production qualifications. Subtitle C--Nuclear Energy Infrastructure Sec. 40321. Infrastructure planning for micro and small modular nuclear reactors. Sec. 40322. Property interests relating to certain projects and protection of information relating to certain agreements. Sec. 40323. Civil nuclear credit program. Subtitle D--Hydropower Sec. 40331. Hydroelectric production incentives. Sec. 40332. Hydroelectric efficiency improvement incentives. Sec. 40333. Maintaining and enhancing hydroelectricity incentives. Sec. 40334. Pumped storage hydropower wind and solar integration and system reliability initiative. [[Page 135 STAT. 436]] Sec. 40335. Authority for pumped storage hydropower development using multiple Bureau of Reclamation reservoirs. Sec. 40336. Limitations on issuance of certain leases of power privilege. Subtitle E--Miscellaneous Sec. 40341. Solar energy technologies on current and former mine land. Sec. 40342. Clean energy demonstration program on current and former mine land. Sec. 40343. Leases, easements, and rights-of-way for energy and related purposes on the outer Continental Shelf. TITLE IV--ENABLING ENERGY INFRASTRUCTURE INVESTMENT AND DATA COLLECTION Subtitle A--Department of Energy Loan Program Sec. 40401. Department of Energy loan programs. Subtitle B--Energy Information Administration Sec. 40411. Definitions. Sec. 40412. Data collection in the electricity sector. Sec. 40413. Expansion of energy consumption surveys. Sec. 40414. Data collection on electric vehicle integration with the electricity grids. Sec. 40415. Plan for the modeling and forecasting of demand for minerals used in the energy sector. Sec. 40416. Expansion of international energy data. Sec. 40417. Plan for the National Energy Modeling System. Sec. 40418. Report on costs of carbon abatement in the electricity sector. Sec. 40419. Harmonization of efforts and data. Subtitle C--Miscellaneous Sec. 40431. Consideration of measures to promote greater electrification of the transportation sector. Sec. 40432. Office of public participation. Sec. 40433. Digital climate solutions report. Sec. 40434. Study and report by the Secretary of Energy on job loss and impacts on consumer energy costs due to the revocation of the permit for the Keystone XL pipeline. Sec. 40435. Study on impact of electric vehicles. Sec. 40436. Study on impact of forced labor in China on the electric vehicle supply chain. TITLE V--ENERGY EFFICIENCY AND BUILDING INFRASTRUCTURE Subtitle A--Residential and Commercial Energy Efficiency Sec. 40501. Definitions. Sec. 40502. Energy efficiency revolving loan fund capitalization grant program. Sec. 40503. Energy auditor training grant program. Subtitle B--Buildings Sec. 40511. Cost-effective codes implementation for efficiency and resilience. Sec. 40512. Building, training, and assessment centers. Sec. 40513. Career skills training. Sec. 40514. Commercial building energy consumption information sharing. Subtitle C--Industrial Energy Efficiency PART I--Industry Sec. 40521. Future of industry program and industrial research and assessment centers. Sec. 40522. Sustainable manufacturing initiative. PART II--Smart Manufacturing Sec. 40531. Definitions. Sec. 40532. Leveraging existing agency programs to assist small and medium manufacturers. Sec. 40533. Leveraging smart manufacturing infrastructure at National Laboratories. Sec. 40534. State manufacturing leadership. Sec. 40535. Report. Subtitle D--Schools and Nonprofits Sec. 40541. Grants for energy efficiency improvements and renewable energy improvements at public school facilities. [[Page 135 STAT. 437]] Sec. 40542. Energy efficiency materials pilot program. Subtitle E--Miscellaneous Sec. 40551. Weatherization assistance program. Sec. 40552. Energy Efficiency and Conservation Block Grant Program. Sec. 40553. Survey, analysis, and report on employment and demographics in the energy, energy efficiency, and motor vehicle sectors of the United States. Sec. 40554. Assisting Federal Facilities with Energy Conservation Technologies grant program. Sec. 40555. Rebates. Sec. 40556. Model guidance for combined heat and power systems and waste heat to power systems. TITLE VI--METHANE REDUCTION INFRASTRUCTURE Sec. 40601. Orphaned well site plugging, remediation, and restoration. TITLE VII--ABANDONED MINE LAND RECLAMATION Sec. 40701. Abandoned Mine Reclamation Fund authorization of appropriations. Sec. 40702. Abandoned mine reclamation fee. Sec. 40703. Amounts distributed from Abandoned Mine Reclamation Fund. Sec. 40704. Abandoned hardrock mine reclamation. TITLE VIII--NATURAL RESOURCES-RELATED INFRASTRUCTURE, WILDFIRE MANAGEMENT, AND ECOSYSTEM RESTORATION Sec. 40801. Forest Service Legacy Road and Trail Remediation Program. Sec. 40802. Study and report on feasibility of revegetating reclaimed mine sites. Sec. 40803. Wildfire risk reduction. Sec. 40804. Ecosystem restoration. Sec. 40805. GAO study. Sec. 40806. Establishment of fuel breaks in forests and other wildland vegetation. Sec. 40807. Emergency actions. Sec. 40808. Joint Chiefs Landscape Restoration Partnership program. TITLE IX--WESTERN WATER INFRASTRUCTURE Sec. 40901. Authorizations of appropriations. Sec. 40902. Water storage, groundwater storage, and conveyance projects. Sec. 40903. Small water storage and groundwater storage projects. Sec. 40904. Critical maintenance and repair. Sec. 40905. Competitive grant program for large-scale water recycling and reuse program. Sec. 40906. Drought contingency plan funding requirements. Sec. 40907. Multi-benefit projects to improve watershed health. Sec. 40908. Eligible desalination projects. Sec. 40909. Clarification of authority to use coronavirus fiscal recovery funds to meet a non-Federal matching requirement for authorized Bureau of Reclamation water projects. Sec. 40910. Federal assistance for groundwater recharge, aquifer storage, and water source substitution projects. TITLE X--AUTHORIZATION OF APPROPRIATIONS FOR ENERGY ACT OF 2020 Sec. 41001. Energy storage demonstration projects. Sec. 41002. Advanced reactor demonstration program. Sec. 41003. Mineral security projects. Sec. 41004. Carbon capture demonstration and pilot programs. Sec. 41005. Direct air capture technologies prize competitions. Sec. 41006. Water power projects. Sec. 41007. Renewable energy projects. Sec. 41008. Industrial emissions demonstration projects. TITLE XI--WAGE RATE REQUIREMENTS Sec. 41101. Wage rate requirements. TITLE XII--MISCELLANEOUS Sec. 41201. Office of Clean Energy Demonstrations. Sec. 41202. Extension of Secure Rural Schools and Community Self- Determination Act of 2000. DIVISION E--DRINKING WATER AND WASTEWATER INFRASTRUCTURE Sec. 50001. Short title. [[Page 135 STAT. 438]] Sec. 50002. Definition of Administrator. TITLE I--DRINKING WATER Sec. 50101. Technical assistance and grants for emergencies affecting public water systems. Sec. 50102. Drinking water State revolving loan funds. Sec. 50103. Source water petition program. Sec. 50104. Assistance for small and disadvantaged communities. Sec. 50105. Reducing lead in drinking water. Sec. 50106. Operational sustainability of small public water systems. Sec. 50107. Midsize and large drinking water system infrastructure resilience and sustainability program. Sec. 50108. Needs assessment for nationwide rural and urban low-income community water assistance. Sec. 50109. Rural and low-income water assistance pilot program. Sec. 50110. Lead contamination in school drinking water. Sec. 50111. Indian reservation drinking water program. Sec. 50112. Advanced drinking water technologies. Sec. 50113. Cybersecurity support for public water systems. Sec. 50114. State response to contaminants. Sec. 50115. Annual study on boil water advisories. TITLE II--CLEAN WATER Sec. 50201. Research, investigations, training, and information. Sec. 50202. Wastewater efficiency grant pilot program. Sec. 50203. Pilot program for alternative water source projects. Sec. 50204. Sewer overflow and stormwater reuse municipal grants. Sec. 50205. Clean water infrastructure resiliency and sustainability program. Sec. 50206. Small and medium publicly owned treatment works circuit rider program. Sec. 50207. Small publicly owned treatment works efficiency grant program. Sec. 50208. Grants for construction and refurbishing of individual household decentralized wastewater systems for individuals with low or moderate income. Sec. 50209. Connection to publicly owned treatment works. Sec. 50210. Clean water State revolving funds. Sec. 50211. Water infrastructure and workforce investment. Sec. 50212. Grants to Alaska to improve sanitation in rural and Native villages. Sec. 50213. Water data sharing pilot program. Sec. 50214. Final rating opinion letters. Sec. 50215. Water infrastructure financing reauthorization. Sec. 50216. Small and disadvantaged community analysis. Sec. 50217. Stormwater infrastructure technology. Sec. 50218. Water Reuse Interagency Working Group. Sec. 50219. Advanced clean water technologies study. Sec. 50220. Clean watersheds needs survey. Sec. 50221. Water Resources Research Act amendments. Sec. 50222. Enhanced aquifer use and recharge. DIVISION F--BROADBAND TITLE I--BROADBAND GRANTS FOR STATES, DISTRICT OF COLUMBIA, PUERTO RICO, AND TERRITORIES Sec. 60101. Findings. Sec. 60102. Grants for broadband deployment. Sec. 60103. Broadband DATA maps. Sec. 60104. Report on future of Universal Service Fund. Sec. 60105. Broadband deployment locations map. TITLE II--TRIBAL CONNECTIVITY TECHNICAL AMENDMENTS. Sec. 60201. Tribal connectivity technical amendments. TITLE III--DIGITAL EQUITY ACT OF 2021 Sec. 60301. Short title. Sec. 60302. Definitions. Sec. 60303. Sense of Congress. Sec. 60304. State Digital Equity Capacity Grant Program. Sec. 60305. Digital Equity Competitive Grant Program. Sec. 60306. Policy research, data collection, analysis and modeling, evaluation, and dissemination. [[Page 135 STAT. 439]] Sec. 60307. General provisions. TITLE IV--ENABLING MIDDLE MILE BROADBAND INFRASTRUCTURE Sec. 60401. Enabling middle mile broadband infrastructure. TITLE V--BROADBAND AFFORDABILITY Sec. 60501. Definitions. Sec. 60502. Broadband affordability. Sec. 60503. Coordination with certain other Federal agencies. Sec. 60504. Adoption of consumer broadband labels. Sec. 60505. GAO report. Sec. 60506. Digital discrimination. TITLE VI--TELECOMMUNICATIONS INDUSTRY WORKFORCE Sec. 60601. Short title. Sec. 60602. Telecommunications interagency working group. Sec. 60603. Telecommunications workforce guidance. Sec. 60604. GAO assessment of workforce needs of the telecommunications industry. DIVISION G--OTHER AUTHORIZATIONS TITLE I--INDIAN WATER RIGHTS SETTLEMENT COMPLETION FUND Sec. 70101. Indian Water Rights Settlement Completion Fund. TITLE II--WILDFIRE MITIGATION Sec. 70201. Short title. Sec. 70202. Definitions. Sec. 70203. Establishment of Commission. Sec. 70204. Duties of Commission. Sec. 70205. Powers of Commission. Sec. 70206. Commission personnel matters. Sec. 70207. Termination of Commission. TITLE III--REFORESTATION Sec. 70301. Short title. Sec. 70302. Reforestation following wildfires and other unplanned events. Sec. 70303. Report. TITLE IV--RECYCLING PRACTICES Sec. 70401. Best practices for battery recycling and labeling guidelines. Sec. 70402. Consumer recycling education and outreach grant program; Federal procurement. TITLE V--BIOPRODUCT PILOT PROGRAM Sec. 70501. Pilot program on use of agricultural commodities in construction and consumer products. TITLE VI--CYBERSECURITY Subtitle A--Cyber Response and Recovery Act Sec. 70601. Short title. Sec. 70602. Declaration of a significant incident. Subtitle B--State and Local Cybersecurity Improvement Act Sec. 70611. Short title. Sec. 70612. State and Local Cybersecurity Grant Program. TITLE VII--PUBLIC-PRIVATE PARTNERSHIPS Sec. 70701. Value for money analysis. TITLE VIII--FEDERAL PERMITTING IMPROVEMENT Sec. 70801. Federal permitting improvement. TITLE IX--BUILD AMERICA, BUY AMERICA Subtitle A--Build America, Buy America Sec. 70901. Short title. PART I--Buy America Sourcing Requirements Sec. 70911. Findings. [[Page 135 STAT. 440]] Sec. 70912. Definitions. Sec. 70913. Identification of deficient programs. Sec. 70914. Application of Buy America preference. Sec. 70915. OMB guidance and standards. Sec. 70916. Technical assistance partnership and consultation supporting Department of Transportation Buy America requirements. Sec. 70917. Application. PART II--Make It in America Sec. 70921. Regulations relating to Buy American Act. Sec. 70922. Amendments relating to Buy American Act. Sec. 70923. Made in America Office. Sec. 70924. Hollings Manufacturing Extension Partnership activities. Sec. 70925. United States obligations under international agreements. Sec. 70926. Definitions. Sec. 70927. Prospective amendments to internal cross-references. Subtitle B--BuyAmerican.gov Sec. 70931. Short title. Sec. 70932. Definitions. Sec. 70933. Sense of Congress on buying American. Sec. 70934. Assessment of impact of free trade agreements. Sec. 70935. Judicious use of waivers. Sec. 70936. Establishment of BuyAmerican.gov website. Sec. 70937. Waiver Transparency and Streamlining for contracts. Sec. 70938. Comptroller General report. Sec. 70939. Rules of construction. Sec. 70940. Consistency with international agreements. Sec. 70941. Prospective amendments to internal cross-references. Subtitle C--Make PPE in America Sec. 70951. Short title. Sec. 70952. Findings. Sec. 70953. Requirement of long-term contracts for domestically manufactured personal protective equipment. TITLE X--ASSET CONCESSIONS Sec. 71001. Asset concessions. TITLE XI--CLEAN SCHOOL BUSES AND FERRIES Sec. 71101. Clean school bus program. Sec. 71102. Electric or low-emitting ferry pilot program. Sec. 71103. Ferry service for rural communities. Sec. 71104. Expanding the funding authority for renovating, constructing, and expanding certain facilities. DIVISION H--REVENUE PROVISIONS TITLE I--HIGHWAY TRUST FUND Sec. 80101. Extension of Highway Trust Fund expenditure authority. Sec. 80102. Extension of highway-related taxes. Sec. 80103. Further additional transfers to trust fund. TITLE II--CHEMICAL SUPERFUND Sec. 80201. Extension and modification of certain superfund excise taxes. TITLE III--CUSTOMS USER FEES Sec. 80301. Extension of customs user fees. TITLE IV--BOND PROVISIONS Sec. 80401. Private activity bonds for qualified broadband projects. Sec. 80402. Carbon dioxide capture facilities. Sec. 80403. Increase in national limitation amount for qualified highway or surface freight transportation facilities. TITLE V--RELIEF FOR TAXPAYERS AFFECTED BY DISASTERS OR OTHER CRITICAL EVENTS Sec. 80501. Modification of automatic extension of certain deadlines in the case of taxpayers affected by Federally declared disasters. [[Page 135 STAT. 441]] Sec. 80502. Modifications of rules for postponing certain acts by reason of service in combat zone or contingency operation. Sec. 80503. Tolling of time for filing a petition with the tax court. Sec. 80504. Authority to postpone certain tax deadlines by reason of significant fires. TITLE VI--OTHER PROVISIONS Sec. 80601. Modification of tax treatment of contributions to the capital of a corporation. Sec. 80602. Extension of interest rate stabilization. Sec. 80603. Information reporting for brokers and digital assets. Sec. 80604. Termination of employee retention credit for employers subject to closure due to COVID-19. DIVISION I--OTHER MATTERS Sec. 90001. Extension of direct spending reductions through fiscal year 2031. Sec. 90002. Strategic Petroleum Reserve drawdown and sale. Sec. 90003. Findings regarding unused unemployment insurance funds. Sec. 90004. Requiring manufacturers of certain single-dose container or single-use package drugs payable under part B of the Medicare program to provide refunds with respect to discarded amounts of such drugs. Sec. 90005. Extension of enterprise guarantee fees. Sec. 90006. Moratorium on implementation of rule relating to eliminating the anti-kickback statute safe harbor protection for prescription drug rebates. Sec. 90007. Rescission of COVID-19 appropriations. Sec. 90008. Spectrum auctions. DIVISION J--APPROPRIATIONS TITLE I--AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG ADMINISTRATION, AND RELATED AGENCIES TITLE II--COMMERCE, JUSTICE, SCIENCE, AND RELATED AGENCIES TITLE III--ENERGY AND WATER DEVELOPMENT AND RELATED AGENCIES TITLE IV--FINANCIAL SERVICES AND GENERAL GOVERNMENT TITLE V--DEPARTMENT OF HOMELAND SECURITY TITLE VI--DEPARTMENT OF THE INTERIOR, ENVIRONMENT, AND RELATED AGENCIES TITLE VII--LABOR, HEALTH AND HUMAN SERVICES, AND EDUCATION, AND RELATED AGENCIES TITLE VIII--TRANSPORTATION, HOUSING AND URBAN DEVELOPMENT, AND RELATED AGENCIES TITLE IX--GENERAL PROVISIONS--THIS DIVISION DIVISION K--MINORITY BUSINESS DEVELOPMENT Sec. 100001. Short title. Sec. 100002. Definitions. Sec. 100003. Minority Business Development Agency. TITLE I--EXISTING INITIATIVES Subtitle A--Market Development, Research, and Information Sec. 100101. Private sector development. Sec. 100102. Public sector development. Sec. 100103. Research and information. Subtitle B--Minority Business Development Agency Business Center Program Sec. 100111. Definition. Sec. 100112. Purpose. Sec. 100113. Establishment. Sec. 100114. Grants and cooperative agreements. Sec. 100115. Minimizing disruptions to existing MBDA Business Center program. Sec. 100116. Publicity. TITLE II--NEW INITIATIVES TO PROMOTE ECONOMIC RESILIENCY FOR MINORITY BUSINESSES Sec. 100201. Annual diverse business forum on capital formation. [[Page 135 STAT. 442]] Sec. 100202. Agency study on alternative financing solutions. Sec. 100203. Educational development relating to management and entrepreneurship. TITLE III--RURAL MINORITY BUSINESS CENTER PROGRAM Sec. 100301. Definitions. Sec. 100302. Business centers. Sec. 100303. Report to Congress. Sec. 100304. Study and report. TITLE IV--MINORITY BUSINESS DEVELOPMENT GRANTS Sec. 100401. Grants to nonprofit organizations that support minority business enterprises. TITLE V--MINORITY BUSINESS ENTERPRISES ADVISORY COUNCIL Sec. 100501. Purpose. Sec. 100502. Composition and term. Sec. 100503. Duties. TITLE VI--FEDERAL COORDINATION OF MINORITY BUSINESS PROGRAMS Sec. 100601. General duties. Sec. 100602. Participation of Federal departments and agencies. TITLE VII--ADMINISTRATIVE POWERS OF THE AGENCY; MISCELLANEOUS PROVISIONS Sec. 100701. Administrative powers. Sec. 100702. Federal assistance. Sec. 100703. Recordkeeping. Sec. 100704. Review and report by Comptroller General. Sec. 100705. Biannual reports; recommendations. Sec. 100706. Separability. Sec. 100707. Executive Order 11625. Sec. 100708. Authorization of appropriations. SEC. 2. <<NOTE: 1 USC 1 note.>> REFERENCES. Except as expressly provided otherwise, any reference to ``this Act'' contained in any division of this Act shall be treated as referring only to the provisions of that division. [[Page 135 STAT. 443]] DIVISION A-- <<NOTE: Surface Transportation Reauthorization Act of 2021.>> SURFACE TRANSPORTATION SEC. 10001. <<NOTE: 23 USC 101 note.>> SHORT TITLE. This division may be cited as the ``Surface Transportation Reauthorization Act of 2021''. SEC. 10002. <<NOTE: 23 USC 101 note.>> DEFINITIONS. In this division: (1) Department.--The term ``Department'' means the Department of Transportation. (2) Secretary.--The term ``Secretary'' means the Secretary of Transportation. SEC. 10003. <<NOTE: 23 USC 101 note.>> EFFECTIVE DATE. Except as otherwise provided, this division and the amendments made by this division take effect on October 1, 2021. TITLE I--FEDERAL-AID HIGHWAYS Subtitle A <<NOTE: Time periods.>> --Authorizations and Programs SEC. 11101. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--The following amounts are authorized to be appropriated out of the Highway Trust Fund (other than the Mass Transit Account): (1) Federal-aid highway program.--For the national highway performance program under section 119 of title 23, United States Code, the surface transportation block grant program under section 133 of that title, the highway safety improvement program under section 148 of that title, the congestion mitigation and air quality improvement program under section 149 of that title, the national highway freight program under section 167 of that title, the carbon reduction program under section 175 of that title, to carry out subsection (c) of the PROTECT program under section 176 of that title, and to carry out section 134 of that title-- (A) $52,488,065,375 for fiscal year 2022; (B) $53,537,826,683 for fiscal year 2023; (C) $54,608,583,217 for fiscal year 2024; (D) $55,700,754,881 for fiscal year 2025; and (E) $56,814,769,844 for fiscal year 2026. (2) Transportation infrastructure finance and innovation program.--For credit assistance under the transportation infrastructure finance and innovation program under chapter 6 of title 23, United States Code, $250,000,000 for each of fiscal years 2022 through 2026. (3) Federal lands and tribal transportation programs.-- (A) Tribal transportation program.--For the tribal transportation program under section 202 of title 23, United States Code-- (i) $578,460,000 for fiscal year 2022; (ii) $589,960,000 for fiscal year 2023; (iii) $602,460,000 for fiscal year 2024; [[Page 135 STAT. 444]] (iv) $612,960,000 for fiscal year 2025; and (v) $627,960,000 for fiscal year 2026. (B) Federal lands transportation program.-- (i) In general.--For the Federal lands transportation program under section 203 of title 23, United States Code-- (I) $421,965,000 for fiscal year 2022; (II) $429,965,000 for fiscal year 2023; (III) $438,965,000 for fiscal year 2024; (IV) $447,965,000 for fiscal year 2025; and (V) $455,965,000 for fiscal year 2026. (ii) Allocation.--Of the amount made available for a fiscal year under clause (i)-- (I) the amount for the National Park Service is-- (aa) $332,427,450 for fiscal year 2022; (bb) $338,867,450 for fiscal year 2023; (cc) $346,237,450 for fiscal year 2024; (dd) $353,607,450 for fiscal year 2025; and (ee) $360,047,450 for fiscal year 2026; (II) the amount for the United States Fish and Wildlife Service is $36,000,000 for each of fiscal years 2022 through 2026; and (III) the amount for the Forest Service is-- (aa) $24,000,000 for fiscal year 2022; (bb) $25,000,000 for fiscal year 2023; (cc) $26,000,000 for fiscal year 2024; (dd) $27,000,000 for fiscal year 2025; and (ee) $28,000,000 for fiscal year 2026. (C) Federal lands access program.--For the Federal lands access program under section 204 of title 23, United States Code-- (i) $285,975,000 for fiscal year 2022; (ii) $291,975,000 for fiscal year 2023; (iii) $296,975,000 for fiscal year 2024; (iv) $303,975,000 for fiscal year 2025; and (v) $308,975,000 for fiscal year 2026. (4) Territorial and puerto rico highway program.--For the territorial and Puerto Rico highway program under section 165 of title 23, United States Code-- (A) $219,000,000 for fiscal year 2022; (B) $224,000,000 for fiscal year 2023; (C) $228,000,000 for fiscal year 2024; (D) $232,500,000 for fiscal year 2025; and (E) $237,000,000 for fiscal year 2026. (5) Nationally significant freight and highway projects.-- For nationally significant freight and highway projects under section 117 of title 23, United States Code-- (A) $1,000,000,000 for fiscal year 2022; (B) $1,000,000,000 for fiscal year 2023; (C) $1,000,000,000 for fiscal year 2024; (D) $900,000,000 for fiscal year 2025; and (E) $900,000,000 for fiscal year 2026. (b) Other Programs.-- (1) In general.--The following amounts are authorized to be appropriated out of the Highway Trust Fund (other than the Mass Transit Account): [[Page 135 STAT. 445]] (A) Bridge investment program.--To carry out the bridge investment program under section 124 of title 23, United States Code-- (i) $600,000,000 for fiscal year 2022; (ii) $640,000,000 for fiscal year 2023; (iii) $650,000,000 for fiscal year 2024; (iv) $675,000,000 for fiscal year 2025; and (v) $700,000,000 for fiscal year 2026. (B) Congestion relief program.--To carry out the congestion relief program under section 129(d) of title 23, United States Code, $50,000,000 for each of fiscal years 2022 through 2026. (C) Charging and fueling infrastructure grants.--To carry out section 151(f) of title 23, United States Code-- (i) $300,000,000 for fiscal year 2022; (ii) $400,000,000 for fiscal year 2023; (iii) $500,000,000 for fiscal year 2024; (iv) $600,000,000 for fiscal year 2025; and (v) $700,000,000 for fiscal year 2026. (D) Rural surface transportation grant program.--To carry out the rural surface transportation grant program under section 173 of title 23, United States Code-- (i) $300,000,000 for fiscal year 2022; (ii) $350,000,000 for fiscal year 2023; (iii) $400,000,000 for fiscal year 2024; (iv) $450,000,000 for fiscal year 2025; and (v) $500,000,000 for fiscal year 2026. (E) PROTECT grants.-- (i) In general.--To carry out subsection (d) of the PROTECT program under section 176 of title 23, United States Code, for each of fiscal years 2022 through 2026-- (I) $250,000,000 for fiscal year 2022; (II) $250,000,000 for fiscal year 2023; (III) $300,000,000 for fiscal year 2024; (IV) $300,000,000 for fiscal year 2025; and (V) $300,000,000 for fiscal year 2026. (ii) Allocation.--Of the amounts made available under clause (i)-- (I) for planning grants under paragraph (3) of that subsection-- (aa) $25,000,000 for fiscal year 2022; (bb) $25,000,000 for fiscal year 2023; (cc) $30,000,000 for fiscal year 2024; (dd) $30,000,000 for fiscal year 2025; and (ee) $30,000,000 for fiscal year 2026; (II) for resilience improvement grants under paragraph (4)(A) of that subsection-- (aa) $175,000,000 for fiscal year 2022; (bb) $175,000,000 for fiscal year 2023; (cc) $210,000,000 for fiscal year 2024; (dd) $210,000,000 for fiscal year 2025; and (ee) $210,000,000 for fiscal year 2026; (III) for community resilience and evacuation route grants under paragraph (4)(B) of that subsection-- [[Page 135 STAT. 446]] (aa) $25,000,000 for fiscal year 2022; (bb) $25,000,000 for fiscal year 2023; (cc) $30,000,000 for fiscal year 2024; (dd) $30,000,000 for fiscal year 2025; and (ee) $30,000,000 for fiscal year 2026; and (IV) for at-risk coastal infrastructure grants under paragraph (4)(C) of that subsection-- (aa) $25,000,000 for fiscal year 2022; (bb) $25,000,000 for fiscal year 2023; (cc) $30,000,000 for fiscal year 2024; (dd) $30,000,000 for fiscal year 2025; and (ee) $30,000,000 for fiscal year 2026. (F) Reduction of truck emissions at port facilities.-- (i) In general.--To carry out the reduction of truck emissions at port facilities under section 11402, $50,000,000 for each of fiscal years 2022 through 2026. (ii) Treatment.--Amounts made available under clause (i) shall be available for obligation in the same manner as if those amounts were apportioned under chapter 1 of title 23, United States Code. (G) Nationally significant federal lands and tribal projects.-- (i) In general.--To carry out the nationally significant Federal lands and tribal projects program under section 1123 of the FAST Act (23 U.S.C. 201 note; Public Law 114-94), $55,000,000 for each of fiscal years 2022 through 2026. (ii) Treatment.--Amounts made available under clause (i) shall be available for obligation in the same manner as if those amounts were apportioned under chapter 1 of title 23, United States Code. (2) General fund.-- (A) Bridge investment program.-- (i) In general.--In addition to amounts made available under paragraph (1)(A), there are authorized to be appropriated to carry out the bridge investment program under section 124 of title 23, United States Code-- (I) $600,000,000 for fiscal year 2022; (II) $640,000,000 for fiscal year 2023; (III) $650,000,000 for fiscal year 2024; (IV) $675,000,000 for fiscal year 2025; and (V) $700,000,000 for fiscal year 2026. (ii) Allocation.--Amounts made available under clause (i) shall be allocated in the same manner as if made available under paragraph (1)(A). (B) Nationally significant federal lands and tribal projects program.--In addition to amounts made available under paragraph (1)(G), there is authorized to be appropriated to carry out section 1123 of the FAST Act (23 U.S.C. 201 note; Public Law 114-94) $300,000,000 for each of fiscal years 2022 through 2026. (C) Healthy streets program.--There is authorized to be appropriated to carry out the Healthy Streets program under section 11406 $100,000,000 for each of fiscal years 2022 through 2026. [[Page 135 STAT. 447]] (D) Transportation resilience and adaptation centers of excellence.--There is authorized to be appropriated to carry out section 520 of title 23, United States Code, $100,000,000 for each of fiscal years 2022 through 2026. (E) Open challenge and research proposal pilot program.--There is authorized to be appropriated to carry out the open challenge and research proposal pilot program under section 13006(e) $15,000,000 for each of fiscal years 2022 through 2026. (c) Research, Technology, and Education Authorizations.-- (1) In general.--The following amounts are authorized to be appropriated out of the Highway Trust Fund (other than the Mass Transit Account): (A) Highway research and development program.--To carry out section 503(b) of title 23, United States Code, $147,000,000 for each of fiscal years 2022 through 2026. (B) Technology and innovation deployment program.-- To carry out section 503(c) of title 23, United States Code, $110,000,000 for each of fiscal years 2022 through 2026. (C) Training and education.--To carry out section 504 of title 23, United States Code-- (i) $25,000,000 for fiscal year 2022; (ii) $25,250,000 for fiscal year 2023; (iii) $25,500,000 for fiscal year 2024; (iv) $25,750,000 for fiscal year 2025; and (v) $26,000,000 for fiscal year 2026. (D) Intelligent transportation systems program.--To carry out sections 512 through 518 of title 23, United States Code, $110,000,000 for each of fiscal years 2022 through 2026. (E) University transportation centers program.--To carry out section 5505 of title 49, United States Code-- (i) $80,000,000 for fiscal year 2022; (ii) $80,500,000 for fiscal year 2023; (iii) $81,000,000 for fiscal year 2024; (iv) $81,500,000 for fiscal year 2025; and (v) $82,000,000 for fiscal year 2026. (F) Bureau of transportation statistics.--To carry out chapter 63 of title 49, United States Code-- (i) $26,000,000 for fiscal year 2022; (ii) $26,250,000 for fiscal year 2023; (iii) $26,500,000 for fiscal year 2024; (iv) $26,750,000 for fiscal year 2025; and (v) $27,000,000 for fiscal year 2026. (2) Administration.--The Federal Highway Administration shall-- (A) administer the programs described in subparagraphs (A), (B), and (C) of paragraph (1); and (B) <<NOTE: Consultation.>> in consultation with relevant modal administrations, administer the programs described in paragraph (1)(D). (3) Applicability of title 23, united states code.--Amounts authorized to be appropriated by paragraph (1) shall-- [[Page 135 STAT. 448]] (A) <<NOTE: Determination.>> be available for obligation in the same manner as if those funds were apportioned under chapter 1 of title 23, United States Code, except that the Federal share of the cost of a project or activity carried out using those funds shall be 80 percent, unless otherwise expressly provided by this division (including the amendments by this division) or otherwise determined by the Secretary; and (B) remain available until expended and not be transferable, except as otherwise provided by this division. (d) Pilot Programs.--The following amounts are authorized to be appropriated out of the Highway Trust Fund (other than the Mass Transit Account): (1) Wildlife crossings pilot program.--For the wildlife crossings pilot program under section 171 of title 23, United States Code-- (A) $60,000,000 for fiscal year 2022; (B) $65,000,000 for fiscal year 2023; (C) $70,000,000 for fiscal year 2024; (D) $75,000,000 for fiscal year 2025; and (E) $80,000,000 for fiscal year 2026. (2) Prioritization process pilot program.-- (A) In general.--For the prioritization process pilot program under section 11204, $10,000,000 for each of fiscal years 2022 through 2026. (B) Treatment.--Amounts made available under subparagraph (A) shall be available for obligation in the same manner as if those amounts were apportioned under chapter 1 of title 23, United States Code. (3) Reconnecting communities pilot program.-- (A) Planning grants.--For planning grants under the reconnecting communities pilot program under section 11509(c), $30,000,000 for each of fiscal years 2022 through 2026. (B) Capital construction grants.--For capital construction grants under the reconnecting communities pilot program under section 11509(d)-- (i) $65,000,000 for fiscal year 2022; (ii) $68,000,000 for fiscal year 2023; (iii) $70,000,000 for fiscal year 2024; (iv) $72,000,000 for fiscal year 2025; and (v) $75,000,000 for fiscal year 2026. (C) Treatment.--Amounts made available under subparagraph (A) or (B) shall be available for obligation in the same manner as if those amounts were apportioned under chapter 1 of title 23, United States Code, except that those amounts shall remain available until expended. (e) <<NOTE: 23 USC 101 note.>> Disadvantaged Business Enterprises.-- (1) Findings.--Congress finds that-- (A) while significant progress has occurred due to the establishment of the disadvantaged business enterprise program, discrimination and related barriers continue to pose significant obstacles for minority- and women-owned businesses seeking to do business in Federally assisted surface transportation markets across the United States; (B) the continuing barriers described in subparagraph (A) merit the continuation of the disadvantaged business enterprise program; [[Page 135 STAT. 449]] (C) Congress has received and reviewed testimony and documentation of race and gender discrimination from numerous sources, including congressional hearings and roundtables, scientific reports, reports issued by public and private agencies, news stories, reports of discrimination by organizations and individuals, and discrimination lawsuits, which show that race- and gender-neutral efforts alone are insufficient to address the problem; (D) the testimony and documentation described in subparagraph (C) demonstrate that discrimination across the United States poses a barrier to full and fair participation in surface transportation-related businesses of women business owners and minority business owners and has impacted firm development and many aspects of surface transportation-related business in the public and private markets; and (E) the testimony and documentation described in subparagraph (C) provide a strong basis that there is a compelling need for the continuation of the disadvantaged business enterprise program to address race and gender discrimination in surface transportation-related business. (2) Definitions.--In this subsection: (A) Small business concern.-- (i) In general.--The term ``small business concern'' means a small business concern (as the term is used in section 3 of the Small Business Act (15 U.S.C. 632)). (ii) Exclusions.--The term ``small business concern'' does not include any concern or group of concerns controlled by the same socially and economically disadvantaged individual or individuals that have average annual gross receipts during the preceding 3 fiscal years in excess of $26,290,000, as adjusted annually by the Secretary for inflation. (B) Socially and economically disadvantaged individuals.--The term ``socially and economically disadvantaged individuals'' has the meaning given the term in section 8(d) of the Small Business Act (15 U.S.C. 637(d)) and relevant subcontracting regulations issued pursuant to that Act, except that women shall be presumed to be socially and economically disadvantaged individuals for purposes of this subsection. <<NOTE: Determination.>> (3) Amounts for small business concerns.--Except to the extent that the Secretary determines otherwise, not less than 10 percent of the amounts made available for any program under this division (other than section 14004), division C, and section 403 of title 23, United States Code, shall be expended through small business concerns owned and controlled by socially and economically disadvantaged individuals. (4) Annual listing of disadvantaged business enterprises.-- Each State shall annually-- (A) <<NOTE: Surveys.>> survey and compile a list of the small business concerns referred to in paragraph (3) in the State, including the location of the small business concerns in the State; and (B) <<NOTE: Notification.>> notify the Secretary, in writing, of the percentage of the small business concerns that are controlled by-- [[Page 135 STAT. 450]] (i) women; (ii) socially and economically disadvantaged individuals (other than women); and (iii) individuals who are women and are otherwise socially and economically disadvantaged individuals. (5) Uniform certification.-- (A) <<NOTE: Criteria.>> In general.--The Secretary shall establish minimum uniform criteria for use by State governments in certifying whether a concern qualifies as a small business concern for the purpose of this subsection. (B) Inclusions.--The minimum uniform criteria established under subparagraph (A) shall include, with respect to a potential small business concern-- (i) on-site visits; (ii) personal interviews with personnel; (iii) issuance or inspection of licenses; (iv) <<NOTE: Analyses.>> analyses of stock ownership; (v) <<NOTE: Lists.>> listings of equipment; (vi) <<NOTE: Analyses.>> analyses of bonding capacity; (vii) <<NOTE: Lists.>> listings of work completed; (viii) <<NOTE: Examination.>> examination of the resumes of principal owners; (ix) <<NOTE: Analyses.>> analyses of financial capacity; and (x) <<NOTE: Analyses.>> analyses of the type of work preferred. (6) <<NOTE: Requirements.>> Reporting.--The Secretary shall establish minimum requirements for use by State governments in reporting to the Secretary-- (A) information concerning disadvantaged business enterprise awards, commitments, and achievements; and (B) <<NOTE: Determination.>> such other information as the Secretary determines to be appropriate for the proper monitoring of the disadvantaged business enterprise program. (7) Compliance with court orders.--Nothing in this subsection limits the eligibility of an individual or entity to receive funds made available under this division, division C, and section 403 of title 23, United States Code, if the entity or person is prevented, in whole or in part, from complying with paragraph (3) because a Federal court issues a final order in which the court finds that a requirement or the implementation of paragraph (3) is unconstitutional. (8) Sense of congress on prompt payment of dbe subcontractors.--It is the sense of Congress that-- (A) the Secretary should take additional steps to ensure that recipients comply with section 26.29 of title 49, Code of Federal Regulations (the disadvantaged business enterprises prompt payment rule), or any corresponding regulation, in awarding Federally funded transportation contracts under laws and regulations administered by the Secretary; and (B) such additional steps should include increasing the ability of the Department to track and keep records of complaints and to make that information publicly available. SEC. 11102. <<NOTE: 23 USC 104 note.>> OBLIGATION CEILING. (a) General Limitation.--Subject to subsection (e), and notwithstanding any other provision of law, the obligations for Federal- [[Page 135 STAT. 451]] aid highway and highway safety construction programs shall not exceed-- (1) $57,473,430,072 for fiscal year 2022; (2) $58,764,510,674 for fiscal year 2023; (3) $60,095,782,888 for fiscal year 2024; (4) $61,314,170,545 for fiscal year 2025; and (5) $62,657,105,821 for fiscal year 2026. (b) Exceptions.--The limitations under subsection (a) shall not apply to obligations under or for-- (1) section 125 of title 23, United States Code; (2) section 147 of the Surface Transportation Assistance Act of 1978 (23 U.S.C. 144 note; 92 Stat. 2714); (3) section 9 of the Federal-Aid Highway Act of 1981 (95 Stat. 1701); (4) subsections (b) and (j) of section 131 of the Surface Transportation Assistance Act of 1982 (96 Stat. 2119); (5) subsections (b) and (c) of section 149 of the Surface Transportation and Uniform Relocation Assistance Act of 1987 (101 Stat. 198); (6) sections 1103 through 1108 of the Intermodal Surface Transportation Efficiency Act of 1991 (105 Stat. 2027); (7) section 157 of title 23, United States Code (as in effect on June 8, 1998); (8) section 105 of title 23, United States Code (as in effect for fiscal years 1998 through 2004, but only in an amount equal to $639,000,000 for each of those fiscal years); (9) Federal-aid highway programs for which obligation authority was made available under the Transportation Equity Act for the 21st Century (112 Stat. 107) or subsequent Acts for multiple years or to remain available until expended, but only to the extent that the obligation authority has not lapsed or been used; (10) section 105 of title 23, United States Code (as in effect for fiscal years 2005 through 2012, but only in an amount equal to $639,000,000 for each of those fiscal years); (11) section 1603 of SAFETEA-LU (23 U.S.C. 118 note; 119 Stat. 1248), to the extent that funds obligated in accordance with that section were not subject to a limitation on obligations at the time at which the funds were initially made available for obligation; (12) section 119 of title 23, United States Code (as in effect for fiscal years 2013 through 2015, but only in an amount equal to $639,000,000 for each of those fiscal years); (13) section 119 of title 23, United States Code (as in effect for fiscal years 2016 through 2021, but only in an amount equal to $639,000,000 for each of those fiscal years); and (14) section 119 of title 23, United States Code (but, for fiscal years 2022 through 2026, only in an amount equal to $639,000,000 for each of those fiscal years). (c) Distribution of Obligation Authority.--For each of fiscal years 2022 through 2026, the Secretary-- (1) shall not distribute obligation authority provided by subsection (a) for the fiscal year for-- (A) amounts authorized for administrative expenses and programs by section 104(a) of title 23, United States Code; and [[Page 135 STAT. 452]] (B) amounts authorized for the Bureau of Transportation Statistics; (2) shall not distribute an amount of obligation authority provided by subsection (a) that is equal to the unobligated balance of amounts-- (A) made available from the Highway Trust Fund (other than the Mass Transit Account) for Federal-aid highway and highway safety construction programs for previous fiscal years the funds for which are allocated by the Secretary (or apportioned by the Secretary under section 202 or 204 of title 23, United States Code); and (B) for which obligation authority was provided in a previous fiscal year; (3) <<NOTE: Determination.>> shall determine the proportion that-- (A) the obligation authority provided by subsection (a) for the fiscal year, less the aggregate of amounts not distributed under paragraphs (1) and (2) of this subsection; bears to (B) the total of the sums authorized to be appropriated for the Federal-aid highway and highway safety construction programs (other than sums authorized to be appropriated for provisions of law described in paragraphs (1) through (13) of subsection (b) and sums authorized to be appropriated for section 119 of title 23, United States Code, equal to the amount referred to in subsection (b)(14) for the fiscal year), less the aggregate of the amounts not distributed under paragraphs (1) and (2) of this subsection; (4) shall distribute the obligation authority provided by subsection (a), less the aggregate amounts not distributed under paragraphs (1) and (2), for each of the programs (other than programs to which paragraph (1) applies) that are allocated by the Secretary under this division and title 23, United States Code, or apportioned by the Secretary under section 202 or 204 of that title, by multiplying-- (A) the proportion determined under paragraph (3); by (B) the amounts authorized to be appropriated for each such program for the fiscal year; and (5) shall distribute the obligation authority provided by subsection (a), less the aggregate amounts not distributed under paragraphs (1) and (2) and the amounts distributed under paragraph (4), for Federal-aid highway and highway safety construction programs that are apportioned by the Secretary under title 23, United States Code (other than the amounts apportioned for the national highway performance program in section 119 of title 23, United States Code, that are exempt from the limitation under subsection (b)(14) and the amounts apportioned under sections 202 and 204 of that title) in the proportion that-- (A) amounts authorized to be appropriated for the programs that are apportioned under title 23, United States Code, to each State for the fiscal year; bears to (B) the total of the amounts authorized to be appropriated for the programs that are apportioned under title 23, United States Code, to all States for the fiscal year. [[Page 135 STAT. 453]] (d) <<NOTE: Effective dates.>> Redistribution of Unused Obligation Authority.--Notwithstanding subsection (c), the Secretary shall, after August 1 of each of fiscal years 2022 through 2026-- (1) <<NOTE: Revision.>> revise a distribution of the obligation authority made available under subsection (c) if an amount distributed cannot be obligated during that fiscal year; and (2) redistribute sufficient amounts to those States able to obligate amounts in addition to those previously distributed during that fiscal year, giving priority to those States having large unobligated balances of funds apportioned under sections 144 (as in effect on the day before the date of enactment of MAP-21 (Public Law 112-141; 126 Stat. 405)) and 104 of title 23, United States Code. (e) Applicability of Obligation Limitations to Transportation Research Programs.-- (1) In general.--Except as provided in paragraph (2), obligation limitations imposed by subsection (a) shall apply to contract authority for transportation research programs carried out under chapter 5 of title 23, United States Code. (2) Exception.--Obligation authority made available under paragraph (1) shall-- (A) remain available for a period of 4 fiscal years; and (B) be in addition to the amount of any limitation imposed on obligations for Federal-aid highway and highway safety construction programs for future fiscal years. (f) Redistribution of Certain Authorized Funds.-- (1) <<NOTE: Deadlines.>> In general.--Not later than 30 days after the date of distribution of obligation authority under subsection (c) for each of fiscal years 2022 through 2026, the Secretary shall distribute to the States any funds (excluding funds authorized for the program under section 202 of title 23, United States Code) that-- (A) are authorized to be appropriated for the fiscal year for Federal-aid highway programs; and (B) <<NOTE: Determination.>> the Secretary determines will not be allocated to the States (or will not be apportioned to the States under section 204 of title 23, United States Code), and will not be available for obligation, for the fiscal year because of the imposition of any obligation limitation for the fiscal year. (2) Ratio.--Funds shall be distributed under paragraph (1) in the same proportion as the distribution of obligation authority under subsection (c)(5). (3) Availability.--Funds distributed to each State under paragraph (1) shall be available for any purpose described in section 133(b) of title 23, United States Code. SEC. 11103. DEFINITIONS. Section 101(a) of title 23, United States Code, is amended-- (1) in paragraph (4)-- (A) in subparagraph (A), by inserting ``assessing resilience,'' after ``surveying,''; (B) in subparagraph (G), by striking ``and'' at the end; (C) by redesignating subparagraph (H) as subparagraph (I); and (D) by inserting after subparagraph (G) the following: [[Page 135 STAT. 454]] ``(H) improvements that reduce the number of wildlife-vehicle collisions, such as wildlife crossing structures; and''; (2) by redesignating paragraphs (17) through (34) as paragraphs (18), (19), (20), (21), (22), (23), (25), (26), (27), (28), (29), (30), (31), (32), (33), (34), (35), and (36), respectively; (3) by inserting after paragraph (16) the following: ``(17) Natural infrastructure.--The term `natural infrastructure' means infrastructure that uses, restores, or emulates natural ecological processes and-- ``(A) is created through the action of natural physical, geological, biological, and chemical processes over time; ``(B) is created by human design, engineering, and construction to emulate or act in concert with natural processes; or ``(C) involves the use of plants, soils, and other natural features, including through the creation, restoration, or preservation of vegetated areas using materials appropriate to the region to manage stormwater and runoff, to attenuate flooding and storm surges, and for other related purposes.''; (4) by inserting after paragraph (23) (as so redesignated) the following: ``(24) Resilience.--The term `resilience', with respect to a project, means a project with the ability to anticipate, prepare for, or adapt to conditions or withstand, respond to, or recover rapidly from disruptions, including the ability-- ``(A)(i) to resist hazards or withstand impacts from weather events and natural disasters; or ``(ii) to reduce the magnitude or duration of impacts of a disruptive weather event or natural disaster on a project; and ``(B) to have the absorptive capacity, adaptive capacity, and recoverability to decrease project vulnerability to weather events or other natural disasters.''; and (5) in subparagraph (A) of paragraph (32) (as so redesignated)-- (A) by striking the period at the end and inserting ``; and''; (B) by striking ``through the implementation'' and inserting the following: ``through-- ``(i) the implementation''; and (C) by adding at the end the following: ``(ii) the consideration of incorporating natural infrastructure.''. SEC. 11104. APPORTIONMENT. (a) Administrative Expenses.--Section 104(a)(1) of title 23, United States Code, is amended by striking subparagraphs (A) through (E) and inserting the following: ``(A) $490,964,697 for fiscal year 2022; ``(B) $500,783,991 for fiscal year 2023; ``(C) $510,799,671 for fiscal year 2024; ``(D) $521,015,664 for fiscal year 2025; and ``(E) $531,435,977 for fiscal year 2026.''. (b) Division Among Programs of State Share.--Section 104(b) of title 23, United States Code, is amended in subsection (b)-- [[Page 135 STAT. 455]] (1) in the matter preceding paragraph (1), by inserting ``the carbon reduction program under section 175, to carry out subsection (c) of the PROTECT program under section 176,'' before ``and to carry out section 134''; (2) in paragraph (1), by striking ``63.7 percent'' and inserting ``59.0771195921461 percent''; (3) in paragraph (2), by striking ``29.3 percent'' and inserting ``28.7402203421251 percent''; (4) in paragraph (3), by striking ``7 percent'' and inserting ``6.70605141316253 percent''; (5) by striking paragraph (4) and inserting the following: ``(4) Congestion mitigation and air quality improvement program.-- ``(A) In general.--For the congestion mitigation and air quality improvement program, an amount determined for the State under subparagraphs (B) and (C). ``(B) Total amount.--The total amount for the congestion mitigation and air quality improvement program for all States shall be-- ``(i) $2,536,490,803 for fiscal year 2022; ``(ii) $2,587,220,620 for fiscal year 2023; ``(iii) $2,638,965,032 for fiscal year 2024; ``(iv) $2,691,744,332 for fiscal year 2025; and ``(v) $2,745,579,213 for fiscal year 2026. ``(C) State share.--For each fiscal year, the Secretary shall distribute among the States the total amount for the congestion mitigation and air quality improvement program under subparagraph (B) so that each State receives an amount equal to the proportion that-- ``(i) the amount apportioned to the State for the congestion mitigation and air quality improvement program for fiscal year 2020; bears to ``(ii) the total amount of funds apportioned to all States for that program for fiscal year 2020.''; (6) in paragraph (5)-- (A) by striking subparagraph (B) and inserting the following: ``(B) Total amount.--The total amount set aside for the national highway freight program for all States shall be-- ``(i) $1,373,932,519 for fiscal year 2022; ``(ii) $1,401,411,169 for fiscal year 2023; ``(iii) $1,429,439,392 for fiscal year 2024; ``(iv) $1,458,028,180 for fiscal year 2025; and ``(v) $1,487,188,740 for fiscal year 2026.''; and (B) by striking subparagraph (D); and (7) by striking paragraph (6) and inserting the following: ``(6) Metropolitan planning.-- ``(A) In general.--To carry out section 134, an amount determined for the State under subparagraphs (B) and (C). ``(B) Total amount.--The total amount for metropolitan planning for all States shall be-- ``(i) $ 438,121,139 for fiscal year 2022; ``(ii) $446,883,562 for fiscal year 2023; ``(iii) $455,821,233 for fiscal year 2024; ``(iv) $464,937,657 for fiscal year 2025; and [[Page 135 STAT. 456]] ``(v) $474,236,409 for fiscal year 2026. ``(C) State share.--For each fiscal year, the Secretary shall distribute among the States the total amount to carry out section 134 under subparagraph (B) so that each State receives an amount equal to the proportion that-- ``(i) the amount apportioned to the State to carry out section 134 for fiscal year 2020; bears to ``(ii) the total amount of funds apportioned to all States to carry out section 134 for fiscal year 2020. ``(7) Carbon reduction program.--For the carbon reduction program under section 175, 2.56266964565637 percent of the amount remaining after distributing amounts under paragraphs (4), (5), and (6). ``(8) PROTECT formula program.--To carry out subsection (c) of the PROTECT program under section 176, 2.91393900690991 percent of the amount remaining after distributing amounts under paragraphs (4), (5), and (6).''. (c) Calculation of Amounts.--Section 104(c) of title 23, United States Code, is amended-- (1) in paragraph (1)-- (A) in the matter preceding subparagraph (A), by striking ``each of fiscal years 2016 through 2020'' and inserting ``fiscal year 2022 and each fiscal year thereafter''; (B) in subparagraph (A)-- (i) by striking clause (i) and inserting the following: ``(i) the base apportionment; by''; and (ii) in clause (ii)(I), by striking ``fiscal year 2015'' and inserting ``fiscal year 2021''; and (C) by striking subparagraph (B) and inserting the following: ``(B) Guaranteed amounts.--The initial amounts resulting from the calculation under subparagraph (A) shall be adjusted to ensure that each State receives an aggregate apportionment that is-- ``(i) equal to at least 95 percent of the estimated tax payments paid into the Highway Trust Fund (other than the Mass Transit Account) in the most recent fiscal year for which data are available that are-- ``(I) attributable to highway users in the State; and ``(II) associated with taxes in effect on July 1, 2019, and only up to the rate those taxes were in effect on that date; ``(ii) at least 2 percent greater than the apportionment that the State received for fiscal year 2021; and ``(iii) at least 1 percent greater than the apportionment that the State received for the previous fiscal year.''; and (2) in paragraph (2)-- (A) by striking ``fiscal years 2016 through 2020'' and inserting ``fiscal year 2022 and each fiscal year thereafter''; and (B) by inserting ``the carbon reduction program under section 175, to carry out subsection (c) of the PROTECT program under section 176,'' before ``and to carry out section 134''. [[Page 135 STAT. 457]] (d) Metropolitan Planning.--Section 104(d)(1)(A) of title 23, United States Code, is amended by striking ``paragraphs (5)(D) and (6) of subsection (b)'' each place it appears and inserting ``subsection (b)(6)''. (e) Supplemental Funds.--Section 104 of title 23, United States Code, is amended by striking subsection (h). (f) Base Apportionment Defined.--Section 104 of title 23, United States Code, is amended-- (1) by redesignating subsection (i) as subsection (h); and (2) in subsection (h) (as so redesignated)-- (A) by striking ``means'' in the matter preceding paragraph (1) and all that follows through ``the combined amount'' in paragraph (1) and inserting ``means the combined amount''; (B) by striking ``and to carry out section 134; minus'' and inserting ``the carbon reduction program under section 175, to carry out subsection (c) of the PROTECT program under section 176, and to carry out section 134.''; and (C) by striking paragraph (2). SEC. 11105. NATIONAL HIGHWAY PERFORMANCE PROGRAM. Section 119 of title 23, United States Code, is amended-- (1) in subsection (b)-- (A) in paragraph (2), by striking ``and'' at the end; (B) in paragraph (3), by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following: ``(4) to provide support for activities to increase the resiliency of the National Highway System to mitigate the cost of damages from sea level rise, extreme weather events, flooding, wildfires, or other natural disasters.''; (2) in subsection (d)(2), by adding at the end the following: ``(Q) Undergrounding public utility infrastructure carried out in conjunction with a project otherwise eligible under this section. ``(R) Resiliency improvements on the National Highway System, including protective features described in subsection (k)(2). ``(S) Implement activities to protect segments of the National Highway System from cybersecurity threats.''; (3) in subsection (e)(4)(D), by striking ``analysis'' and inserting ``analyses, both of which shall take into consideration extreme weather and resilience''; and (4) by adding at the end the following: ``(k) Protective Features.-- ``(1) In general.--A State may use not more than 15 percent of the funds apportioned to the State under section 104(b)(1) for each fiscal year for 1 or more protective features on a Federal-aid highway or bridge not on the National Highway System, if the protective feature is designed to mitigate the risk of recurring damage or the cost of future repairs from extreme weather events, flooding, or other natural disasters. ``(2) Protective features described.--A protective feature referred to in paragraph (1) includes-- ``(A) raising roadway grades; [[Page 135 STAT. 458]] ``(B) relocating roadways in a base floodplain to higher ground above projected flood elevation levels or away from slide prone areas; ``(C) stabilizing slide areas; ``(D) stabilizing slopes; ``(E) lengthening or raising bridges to increase waterway openings; ``(F) increasing the size or number of drainage structures; ``(G) replacing culverts with bridges or upsizing culverts; ``(H) installing seismic retrofits on bridges; ``(I) adding scour protection at bridges, installing riprap, or adding other scour, stream stability, coastal, or other hydraulic countermeasures, including spur dikes; and ``(J) the use of natural infrastructure to mitigate the risk of recurring damage or the cost of future repair from extreme weather events, flooding, or other natural disasters. ``(3) Savings provision.--Nothing in this subsection limits the ability of a State to carry out a project otherwise eligible under subsection (d) using funds apportioned under section 104(b)(1).''. SEC. 11106. EMERGENCY RELIEF. Section 125 of title 23, United States Code, is amended-- (1) in subsection (a)(1), by inserting ``wildfire,'' after ``severe storm,''; (2) by striking subsection (b) and inserting the following: ``(b) Restriction on Eligibility.--Funds under this section shall not be used for the repair or reconstruction of a bridge that has been permanently closed to all vehicular traffic by the State or responsible local official because of imminent danger of collapse due to a structural deficiency or physical deterioration.''; and (3) in subsection (d)-- (A) in paragraph (2)(A)-- (i) by striking the period at the end and inserting ``; and''; (ii) by striking ``a facility that meets the current'' and inserting the following: ``a facility that-- ``(i) meets the current''; and (iii) by adding at the end the following: ``(ii) incorporates economically justifiable improvements that will mitigate the risk of recurring damage from extreme weather, flooding, and other natural disasters.''; (B) by redesignating paragraph (3) as paragraph (4); and (C) by inserting after paragraph (2) the following: ``(3) Protective features.-- ``(A) In general.--The cost of an improvement that is part of a project under this section shall be an eligible expense under this section if the improvement is a protective feature that will mitigate the risk of recurring damage or the cost of future repair from extreme weather, flooding, and other natural disasters. [[Page 135 STAT. 459]] ``(B) Protective features described.--A protective feature referred to in subparagraph (A) includes-- ``(i) raising roadway grades; ``(ii) relocating roadways in a floodplain to higher ground above projected flood elevation levels or away from slide prone areas; ``(iii) stabilizing slide areas; ``(iv) stabilizing slopes; ``(v) lengthening or raising bridges to increase waterway openings; ``(vi) increasing the size or number of drainage structures; ``(vii) replacing culverts with bridges or upsizing culverts; ``(viii) installing seismic retrofits on bridges; ``(ix) adding scour protection at bridges, installing riprap, or adding other scour, stream stability, coastal, or other hydraulic countermeasures, including spur dikes; and ``(x) the use of natural infrastructure to mitigate the risk of recurring damage or the cost of future repair from extreme weather, flooding, and other natural disasters.''. SEC. 11107. FEDERAL SHARE PAYABLE. Section 120 of title 23, United States Code, is amended-- (1) in subsection (c)-- (A) in paragraph (1), in the first sentence, by inserting ``vehicle-to-infrastructure communication equipment,'' after ``breakaway utility poles,''; (B) in subparagraph (3)(B)-- (i) in clause (v), by striking ``or'' at the end; (ii) by redesignating clause (vi) as clause (vii); and (iii) by inserting after clause (v) the following: ``(vi) contractual provisions that provide safety contingency funds to incorporate safety enhancements to work zones prior to or during roadway construction activities; or''; and (C) by adding at the end the following: ``(4) <<NOTE: Waiver authority.>> Pooled funding.-- Notwithstanding any other provision of law, the Secretary may waive the non-Federal share of the cost of a project or activity under section 502(b)(6) that is carried out with amounts apportioned under section 104(b)(2) after considering appropriate factors, including whether-- ``(A) decreasing or eliminating the non-Federal share would best serve the interests of the Federal-aid highway program; and ``(B) the project or activity addresses national or regional high priority research, development, and technology transfer problems in a manner that would benefit multiple States or metropolitan planning organizations.''; (2) in subsection (e)-- (A) in paragraph (1), by striking ``180 days'' and inserting ``270 days''; and (B) in paragraph (4), by striking ``permanent''; and (3) by adding at the end the following: ``(l) Federal Share Flexibility Pilot Program.-- [[Page 135 STAT. 460]] ``(1) <<NOTE: Deadline.>> Establishment.--Not later than 180 days after the date of enactment of the Surface Transportation Reauthorization Act of 2021, the Secretary shall establish a pilot program (referred to in this subsection as the `pilot program') to give States additional flexibility with respect to the Federal requirements under this section. ``(2) Program.-- ``(A) In general.--Notwithstanding any other provision of law, a State participating in the pilot program (referred to in this subsection as a `participating State') may determine the Federal share on a project, multiple-project, or program basis for projects under any of the following: ``(i) The national highway performance program under section 119. ``(ii) The surface transportation block grant program under section 133. ``(iii) The highway safety improvement program under section 148. ``(iv) The congestion mitigation and air quality improvement program under section 149. ``(v) The national highway freight program under section 167. ``(vi) The carbon reduction program under section 175. ``(vii) Subsection (c) of the PROTECT program under section 176. ``(B) Requirements.-- ``(i) Maximum federal share.--Subject to clause (iii), the Federal share of the cost of an individual project carried out under a program described in subparagraph (A) by a participating State and to which the participating State is applying the Federal share requirements under the pilot program may be up to 100 percent. ``(ii) Minimum federal share.--No individual project carried out under a program described in subparagraph (A) by a participating State and to which the participating State is applying the Federal share requirements under the pilot program shall have a Federal share of 0 percent. ``(iii) Determination.--The average annual Federal share of the total cost of all projects authorized under a program described in subparagraph (A) to which a participating State is applying the Federal share requirements under the pilot program shall be not more than the average of the maximum Federal share of those projects if those projects were not carried out under the pilot program. ``(C) Selection.-- ``(i) Application.--A State seeking to be a participating State shall-- ``(I) submit to the Secretary an application in such form, at such time, and containing such information as the Secretary may require; and ``(II) have in place adequate financial controls to allow the State to determine the average annual [[Page 135 STAT. 461]] Federal share requirements under the pilot program. ``(ii) Requirement.--For each of fiscal years 2022 through 2026, the Secretary shall select not more than 10 States to be participating States.''. SEC. 11108. RAILWAY-HIGHWAY GRADE CROSSINGS. (a) In General.--Section 130(e) of title 23, United States Code, is amended-- (1) in the heading, by striking ``Protective Devices'' and inserting ``Railway-Highway Grade Crossings''; and (2) in paragraph (1)-- (A) in subparagraph (A), by striking ``and the installation of protective devices at railway-highway crossings'' in the matter preceding clause (i) and all that follows through ``2020.'' in clause (v) and inserting the following: ``, the installation of protective devices at railway-highway crossings, the replacement of functionally obsolete warning devices, and as described in subparagraph (B), not less than $245,000,000 for each of fiscal years 2022 through 2026.''; and (B) by striking subparagraph (B) and inserting the following: ``(B) Reducing trespassing fatalities and injuries.--A State may use funds set aside under subparagraph (A) for projects to reduce pedestrian fatalities and injuries from trespassing at grade crossings.''. (b) Federal Share.--Section 130(f)(3) of title 23, United States Code, is amended by striking ``90 percent'' and inserting ``100 percent''. (c) Incentive Payments for At-grade Crossing Closures.--Section 130(i)(3)(B) of title 23, United States Code, is amended by striking ``$7,500'' and inserting ``$100,000''. (d) Expenditure of Funds.--Section 130(k) of title 23, United States Code, is amended by striking ``2 percent'' and inserting ``8 percent''. (e) <<NOTE: Reports. Analysis.>> GAO Study.--Not later than 3 years after the date of enactment of this Act, the Comptroller General of the United States shall submit to Congress a report that includes an analysis of the effectiveness of the railway-highway crossings program under section 130 of title 23, United States Code. (f) Sense of Congress Relating to Trespasser Deaths Along Railroad Rights-of-way.--It is the sense of Congress that the Department should, where feasible, coordinate departmental efforts to prevent or reduce trespasser deaths along railroad rights-of-way and at or near railway- highway crossings. SEC. 11109. SURFACE TRANSPORTATION BLOCK GRANT PROGRAM. (a) In General.--Section 133 of title 23, United States Code, is amended-- (1) in subsection (b)-- (A) in paragraph (1)-- (i) in subparagraph (B)-- (I) by adding ``or'' at the end; (II) by striking ``facilities eligible'' and inserting the following: ``facilities-- ``(i) that are eligible''; and (III) by adding at the end the following: [[Page 135 STAT. 462]] ``(ii) <<NOTE: Determination.>> that are privately or majority-privately owned, but that the Secretary determines provide a substantial public transportation benefit or otherwise meet the foremost needs of the surface transportation system described in section 101(b)(3)(D);''; (ii) in subparagraph (E), by striking ``and'' at the end; (iii) in subparagraph (F), by striking the period at the end and inserting ``; and''; and (iv) by adding at the end the following: ``(G) wildlife crossing structures.''; (B) in paragraph (3), by inserting ``148(a)(4)(B)(xvii),'' after ``119(g),''; (C) by redesignating paragraphs (4) through (15) as paragraphs (5), (6), (7), (8), (9), (10), (11), (12), (13), (20), (21), and (22), respectively; (D) in paragraph (5) (as so redesignated), by striking ``railway-highway grade crossings'' and inserting ``projects eligible under section 130 and installation of safety barriers and nets on bridges''; (E) in paragraph (7) (as so redesignated)-- (i) by inserting ``including the maintenance and restoration of existing recreational trails,'' after ``section 206''; and (ii) by striking ``the safe routes to school program under section 1404 of SAFETEA-LU (23 U.S.C. 402 note)'' and inserting ``the safe routes to school program under section 208''; (F) by inserting after paragraph (13) (as so redesignated) the following: ``(14) Projects and strategies designed to reduce the number of wildlife-vehicle collisions, including project-related planning, design, construction, monitoring, and preventative maintenance. ``(15) The installation of electric vehicle charging infrastructure and vehicle-to-grid infrastructure. ``(16) The installation and deployment of current and emerging intelligent transportation technologies, including the ability of vehicles to communicate with infrastructure, buildings, and other road users. ``(17) Planning and construction of projects that facilitate intermodal connections between emerging transportation technologies, such as magnetic levitation and hyperloop. ``(18) Protective features, including natural infrastructure, to enhance the resilience of a transportation facility otherwise eligible for assistance under this section. ``(19) Measures to protect a transportation facility otherwise eligible for assistance under this section from cybersecurity threats.''; and (G) by adding at the end the following: ``(23) Rural barge landing, dock, and waterfront infrastructure projects in accordance with subsection (j). ``(24) Projects to enhance travel and tourism.''; (2) in subsection (c)-- (A) in paragraph (2), by striking ``paragraphs (4) through (11)'' and inserting ``paragraphs (5) through (15) and paragraph (23)''; [[Page 135 STAT. 463]] (B) in paragraph (3), by striking ``and'' at the end; (C) by redesignating paragraph (4) as paragraph (5); and (D) by inserting after paragraph (3) the following: ``(4) for a bridge project for the replacement of a low water crossing (as defined by the Secretary) with a bridge; and''; (3) in subsection (d)-- (A) in paragraph (1)-- (i) in the matter preceding subparagraph (A), by striking ``reservation'' and inserting ``set aside''; and (ii) in subparagraph (A)-- (I) in the matter preceding clause (i), by striking ``the percentage specified in paragraph (6) for a fiscal year'' and inserting ``55 percent for each of fiscal years 2022 through 2026''; and (II) by striking clauses (ii) and (iii) and inserting the following: ``(ii) in urbanized areas of the State with an urbanized area population of not less than 50,000 and not more than 200,000; ``(iii) in urban areas of the State with a population not less than 5,000 and not more than 49,999; and ``(iv) in other areas of the State with a population less than 5,000; and''; (B) by striking paragraph (3) and inserting the following: ``(3) Local consultation.-- ``(A) Consultation with metropolitan planning organizations.--For purposes of clause (ii) of paragraph (1)(A), a State shall-- ``(i) establish a process to consult with all metropolitan planning organizations in the State that represent an urbanized area described in that clause; and ``(ii) describe how funds allocated for areas described in that clause will be allocated equitably among the applicable urbanized areas during the period of fiscal years 2022 through 2026. ``(B) Consultation with regional transportation planning organizations.--For purposes of clauses (iii) and (iv) of paragraph (1)(A), before obligating funding attributed to an area with a population less than 50,000, a State shall consult with the regional transportation planning organizations that represent the area, if any.''; and (C) by striking paragraph (6); (4) in subsection (e)(1), in the matter preceding subparagraph (A), by striking ``fiscal years 2016 through 2020'' and inserting ``fiscal years 2022 through 2026''; (5) in subsection (f)-- (A) in paragraph (1)-- (i) by inserting ``or low water crossing (as defined by the Secretary)'' after ``a highway bridge''; and (ii) by inserting ``or low water crossing (as defined by the Secretary)'' after ``other than a bridge''; (B) in paragraph (2)(A)-- (i) by striking ``activities described in subsection (b)(2) for off-system bridges'' and inserting ``activities [[Page 135 STAT. 464]] described in paragraphs (1)(A) and (10) of subsection (b) for off-system bridges, projects and activities described in subsection (b)(1)(A) for the replacement of low water crossings with bridges, and projects and activities described in subsection (b)(10) for low water crossings (as defined by the Secretary),''; and (ii) by striking ``15 percent'' and inserting ``20 percent''; and (C) in paragraph (3), in the matter preceding subparagraph (A)-- (i) by striking ``bridge or rehabilitation of a bridge'' and inserting ``bridge, rehabilitation of a bridge, or replacement of a low water crossing (as defined by the Secretary) with a bridge''; and (ii) <<NOTE: Determination.>> by inserting ``or, in the case of a replacement of a low water crossing with a bridge, is determined by the Secretary on completion to have improved the safety of the location'' after ``no longer a deficient bridge''; (6) in subsection (g)-- (A) in the subsection heading, by striking ``Less Than 5,000'' and inserting ``Less Than 50,000''; and (B) by striking paragraph (1) and inserting the following: ``(1) In general.--Notwithstanding subsection (c), and except as provided in paragraph (2), up to 15 percent of the amounts required to be obligated by a State under clauses (iii) and (iv) of subsection (d)(1)(A) for each fiscal year may be obligated on-- ``(A) roads functionally classified as rural minor collectors or local roads; or ``(B) on critical rural freight corridors designated under section 167(e).''; and (7) by adding at the end the following: ``(j) Rural Barge Landing, Dock, and Waterfront Infrastructure Projects.-- ``(1) In general.--A State may use not more than 5 percent of the funds apportioned to the State under section 104(b)(2) for eligible rural barge landing, dock, and waterfront infrastructure projects described in paragraph (2). ``(2) Eligible projects.--An eligible rural barge landing, dock, or waterfront infrastructure project referred to in paragraph (1) is a project for the planning, designing, engineering, or construction of a barge landing, dock, or other waterfront infrastructure in a rural community or a Native village (as defined in section 3 of the Alaska Native Claims Settlement Act (43 U.S.C. 1602)) that is off the road system. ``(k) Projects in Rural Areas.-- ``(1) Set aside.--Notwithstanding subsection (c), in addition to the activities described in subsections (b) and (g), of the amounts apportioned to a State for each fiscal year to carry out this section, not more than 15 percent may be-- ``(A) used on eligible projects under subsection (b) or maintenance activities on roads functionally classified as rural minor collectors or local roads, ice roads, or seasonal roads; or ``(B) transferred to-- [[Page 135 STAT. 465]] ``(i) the Appalachian Highway System Program under 14501 of title 40; or ``(ii) the Denali access system program under section 309 of the Denali Commission Act of 1998 (42 U.S.C. 3121 note; Public Law 105-277). ``(2) Savings clause.--Amounts allocated under subsection (d) shall not be used to carry out this subsection, except at the request of the applicable metropolitan planning organization.''. (b) Set-aside.-- (1) In general.--Section 133(h) of title 23, United States Code, is amended-- (A) in paragraph (1)-- (i) in the heading, by striking ``Reservation of funds'' and inserting ``In general''; and (ii) in the matter preceding subparagraph (A), by striking ``for each fiscal year'' and all that follows through ``and'' at the end of subparagraph (A)(ii) and inserting the following: ``for fiscal year 2022 and each fiscal year thereafter-- ``(A) the Secretary shall set aside an amount equal to 10 percent to carry out this subsection; and''; (B) by striking paragraph (2) and inserting the following: ``(2) Allocation within a state.-- ``(A) In general.--Except as provided in subparagraph (B), funds set aside for a State under paragraph (1) shall be obligated within that State in the manner described in subsection (d), except that, for purposes of this paragraph (after funds are made available under paragraph (5))-- ``(i) for fiscal year 2022 and each fiscal year thereafter, the percentage referred to in paragraph (1)(A) of that subsection shall be deemed to be 59 percent; and ``(ii) paragraph (3) of subsection (d) shall not apply. ``(B) Local control.--A State may allocate up to 100 percent of the funds referred to in subparagraph (A)(i) if-- ``(i) <<NOTE: Plan.>> the State submits to the Secretary a plan that describes-- ``(I) how funds will be allocated to counties, metropolitan planning organizations, regional transportation planning organizations as described in section 135(m), or local governments; ``(II) how the entities described in subclause (I) will carry out a competitive process to select projects for funding and report selected projects to the State; ``(III) the legal, financial, and technical capacity of the entities described in subclause (I); ``(IV) how input was gathered from the entities described in subclause (I) to ensure those entities will be able to comply with the requirements of this subsection; and ``(V) how the State will comply with paragraph (8); and [[Page 135 STAT. 466]] ``(ii) the Secretary approves the plan submitted under clause (i).''; (C) by striking paragraph (3) and inserting the following: ``(3) Eligible projects.--Funds set aside under this subsection may be obligated for-- ``(A) projects or activities described in section 101(a)(29) or 213, as those provisions were in effect on the day before the date of enactment of the FAST Act (Public Law 114-94; 129 Stat. 1312); ``(B) projects and activities under the safe routes to school program under section 208; and ``(C) activities in furtherance of a vulnerable road user safety assessment (as defined in section 148(a)).''; (D) in paragraph (4)-- (i) by striking subparagraph (A); (ii) by redesignating subparagraph (B) as subparagraph (A); (iii) in subparagraph (A) (as so redesignated)-- (I) by redesignating clauses (vii) and (viii) as clauses (viii) and (ix), respectively; (II) by inserting after clause (vi) the following: ``(vii) a metropolitan planning organization that serves an urbanized area with a population of 200,000 or fewer;''; (III) in clause (viii) (as so redesignated), by striking ``responsible'' and all that follows through ``programs; and'' and inserting a semicolon; (IV) in clause (ix) (as so redesignated)-- (aa) by inserting ``that serves an urbanized area with a population of over 200,000'' after ``metropolitan planning organization''; and (bb) by striking the period at the end and inserting ``; and''; and (V) by adding at the end the following: ``(x) a State, at the request of an entity described in clauses (i) through (ix).''; and (iv) by adding at the end the following: ``(B) Competitive process.--A State or metropolitan planning organization required to obligate funds in accordance with paragraph (2) shall develop a competitive process to allow eligible entities to submit projects for funding that achieve the objectives of this subsection. ``(C) Selection.--A metropolitan planning organization for an area described in subsection (d)(1)(A)(i) shall select projects under the competitive process described in subparagraph (B) in consultation with the relevant State. ``(D) Prioritization.--The competitive process described in subparagraph (B) shall include prioritization of project location and impact in high- need areas as defined by the State, such as low-income, transit-dependent, rural, or other areas.''; (E) in paragraph (5)(A), by striking ``reserved under this section'' and inserting ``set aside under this subsection''; (F) in paragraph (6)-- (i) in subparagraph (B), by striking ``reserved'' and inserting ``set aside''; and [[Page 135 STAT. 467]] (ii) by adding at the end the following: ``(C) Improving accessibility and efficiency.-- ``(i) In general.--A State may use an amount equal to not more than 5 percent of the funds set aside for the State under this subsection, after allocating funds in accordance with paragraph (2)(A), to improve the ability of applicants to access funding for projects under this subsection in an efficient and expeditious manner by providing-- ``(I) to applicants for projects under this subsection application assistance, technical assistance, and assistance in reducing the period of time between the selection of the project and the obligation of funds for the project; and ``(II) funding for 1 or more full- time State employee positions to administer this subsection. ``(ii) Use of funds.--Amounts used under clause (i) may be expended-- ``(I) directly by the State; or ``(II) through contracts with State agencies, private entities, or nonprofit entities.''; (G) by redesignating paragraph (7) as paragraph (8); (H) by inserting after paragraph (6) the following: ``(7) Federal share.-- ``(A) Required aggregate non-federal share.--The average annual non-Federal share of the total cost of all projects for which funds are obligated under this subsection in a State for a fiscal year shall be not less than the average non-Federal share of the cost of the projects that would otherwise apply. ``(B) Flexible financing.--Subject to subparagraph (A), notwithstanding section 120-- ``(i) funds made available to carry out section 148 may be credited toward the non-Federal share of the costs of a project under this subsection if the project-- ``(I) is an eligible project described in section 148(e)(1); and ``(II) is consistent with the State strategic highway safety plan (as defined in section 148(a)); ``(ii) the non-Federal share for a project under this subsection may be calculated on a project, multiple-project, or program basis; and ``(iii) the Federal share of the cost of an individual project in this section may be up to 100 percent. ``(C) <<NOTE: Applicability. Certification.>> Requirement.--Subparagraph (B) shall only apply to a State if the State has adequate financial controls, as certified by the Secretary, to account for the average annual non-Federal share under this paragraph.''; and (I) in subparagraph (A) of paragraph (8) (as so redesignated)-- (i) in the matter preceding clause (i), by striking ``describes'' and inserting ``includes''; and (ii) by striking clause (ii) and inserting the following: ``(ii) a list of each project selected for funding for each fiscal year, including, for each project-- [[Page 135 STAT. 468]] ``(I) the fiscal year during which the project was selected; ``(II) the fiscal year in which the project is anticipated to be funded; ``(III) the recipient; ``(IV) the location, including the congressional district; ``(V) the type; ``(VI) the cost; and ``(VII) a brief description.''. (2) State transferability.--Section 126(b)(2) of title 23, United States Code, is amended-- (A) by striking the period at the end and inserting ``; and''; (B) by striking ``reserved for a State under section 133(h) for a fiscal year may'' and inserting the following: ``set aside for a State under section 133(h) for a fiscal year-- ``(A) may''; and (C) by adding at the end the following: ``(B) <<NOTE: Certification.>> may only be transferred if the Secretary certifies that the State-- ``(i) held a competition in compliance with the guidance issued to carry out section 133(h) and provided sufficient time for applicants to apply; ``(ii) offered to each eligible entity, and provided on request of an eligible entity, technical assistance; and ``(iii) demonstrates that there were not sufficiently suitable applications from eligible entities to use the funds to be transferred.''. SEC. 11110. NATIONALLY SIGNIFICANT FREIGHT AND HIGHWAY PROJECTS. (a) In General.--Section 117 of title 23, United States Code, is amended-- (1) in the section heading, by inserting ``multimodal'' before ``freight''; (2) in subsection (a)(2)-- (A) in subparagraph (A), by inserting ``in and across rural and urban areas'' after ``people''; (B) in subparagraph (C), by inserting ``or freight'' after ``highway''; (C) in subparagraph (E), by inserting ``or freight'' after ``highway''; and (D) in subparagraph (F), by inserting ``, including highways that support movement of energy equipment'' after ``security''; (3) in subsection (b), by adding at the end the following: ``(3) Grant administration.--The Secretary may-- ``(A) <<NOTE: Reviews.>> retain not more than a total of 2 percent of the funds made available to carry out this section for the National Surface Transportation and Innovative Finance Bureau to review applications for grants under this section; and ``(B) <<NOTE: Transfer authority.>> transfer portions of the funds retained under subparagraph (A) to the relevant Administrators to fund [[Page 135 STAT. 469]] the award and oversight of grants provided under this section.''; (4) in subsection (c)(1)-- (A) by redesignating subparagraph (H) as subparagraph (I); and (B) by inserting after subparagraph (G) the following: ``(H) A multistate corridor organization.''; (5) in subsection (d)-- (A) in paragraph (1)(A)-- (i) in clause (iii)(II), by striking ``or'' at the end; (ii) in clause (iv), by striking ``and'' at the end; and (iii) by adding at the end the following: ``(v) a wildlife crossing project; ``(vi) a surface transportation infrastructure project that-- ``(I) is located within the boundaries of or functionally connected to an international border crossing area in the United States; ``(II) improves a transportation facility owned by a Federal, State, or local government entity; and ``(III) increases throughput efficiency of the border crossing described in subclause (I), including-- ``(aa) a project to add lanes; ``(bb) a project to add technology; and ``(cc) other surface transportation improvements; ``(vii) <<NOTE: Determination.>> a project for a marine highway corridor designated by the Secretary under section 55601(c) of title 46 (including an inland waterway corridor), if the Secretary determines that the project-- ``(I) is functionally connected to the National Highway Freight Network; and ``(II) is likely to reduce on-road mobile source emissions; or ``(viii) a highway, bridge, or freight project carried out on the National Multimodal Freight Network established under section 70103 of title 49; and''; and (B) in paragraph (2)(A), in the matter preceding clause (i)-- (i) by striking ``$600,000,000'' and inserting ``30 percent''; and (ii) by striking ``fiscal years 2016 through 2020, in the aggregate,'' and inserting ``each of fiscal years 2022 through 2026''; (6) in subsection (e)-- (A) in paragraph (1), by striking ``10 percent'' and inserting ``not less than 15 percent''; (B) in paragraph (3)-- (i) in subparagraph (A), by striking ``and'' at the end; (ii) in subparagraph (B), by striking the period at the end and inserting ``; and''; and (iii) by adding at the end the following: [[Page 135 STAT. 470]] ``(C) the effect of the proposed project on safety on freight corridors with significant hazards, such as high winds, heavy snowfall, flooding, rockslides, mudslides, wildfire, wildlife crossing onto the roadway, or steep grades.''; and (C) by adding at the end the following: ``(4) Requirement.--Of the amounts reserved under paragraph (1), not less than 30 percent shall be used for projects in rural areas (as defined in subsection (i)(3)).''; (7) in subsection (f)(2), by inserting ``(including a project to replace or rehabilitate a culvert, or to reduce stormwater runoff for the purpose of improving habitat for aquatic species)'' after ``environmental mitigation''; (8) in subsection (h)-- (A) in paragraph (2), by striking ``and'' at the end; (B) in paragraph (3), by striking the period at the end and inserting a semicolon; and (C) by adding at the end the following: ``(4) enhancement of freight resilience to natural hazards or disasters, including high winds, heavy snowfall, flooding, rockslides, mudslides, wildfire, wildlife crossing onto the roadway, or steep grades; ``(5) whether the project will improve the shared transportation corridor of a multistate corridor organization, if applicable; and ``(6) prioritizing projects located in States in which neither the State nor an eligible entity in that State has been awarded a grant under this section.''; (9) in subsection (i)(2), by striking ``other grants under this section'' and inserting ``grants under subsection (e)''; (10) in subsection (j)-- (A) by striking the subsection designation and heading and all that follows through ``The Federal share'' in paragraph (1) and inserting the following: ``(j) Federal Assistance.-- ``(1) Federal share.-- ``(A) In general.--Except as provided in subparagraph (B) or for a grant under subsection (q), the Federal share''; (B) in paragraph (1), by adding at the end the following: ``(B) Small projects.--In the case of a project described in subsection (e)(1), the Federal share of the cost of the project shall be 80 percent.''; and (C) in paragraph (2)-- (i) by striking ``Federal assistance other'' and inserting ``Except for grants under subsection (q), Federal assistance other''; and (ii) by striking ``except that the total Federal'' and inserting the following: ``except that-- ``(A) for a State with a population density of not more than 80 persons per square mile of land area, based on the 2010 census, the maximum share of the total Federal assistance provided for a project receiving a grant under this section shall be the applicable share under section 120(b); and ``(B) for a State not described in subparagraph (A), the total Federal''; [[Page 135 STAT. 471]] (11) by redesignating subsections (k) through (n) as subsections (l), (m), (n), and (p), respectively; (12) by inserting after subsection (j) the following: ``(k) Efficient Use of Non-Federal Funds.-- ``(1) <<NOTE: Grants.>> In general.--Notwithstanding any other provision of law and subject to approval by the Secretary under paragraph (2)(B), in the case of any grant for a project under this section, during the period beginning on the date on which the grant recipient is selected and ending on the date on which the grant agreement is signed-- ``(A) the grant recipient may obligate and expend non-Federal funds with respect to the project for which the grant is provided; and ``(B) any non-Federal funds obligated or expended in accordance with subparagraph (A) shall be credited toward the non-Federal cost share for the project for which the grant is provided. ``(2) Requirements.-- ``(A) Application.--In order to obligate and expend non-Federal funds under paragraph (1), the grant recipient shall submit to the Secretary a request to obligate and expend non-Federal funds under that paragraph, including-- ``(i) a description of the activities the grant recipient intends to fund; ``(ii) a justification for advancing the activities described in clause (i), including an assessment of the effects to the project scope, schedule, and budget if the request is not approved; and ``(iii) the level of risk of the activities described in clause (i). ``(B) Approval.--The Secretary shall approve or disapprove each request submitted under subparagraph (A). ``(C) Compliance with applicable requirements.--Any non-Federal funds obligated or expended under paragraph (1) shall comply with all applicable requirements, including any requirements included in the grant agreement. ``(3) Effect.--The obligation or expenditure of any non- Federal funds in accordance with this subsection shall not-- ``(A) affect the signing of a grant agreement or other applicable grant procedures with respect to the applicable grant; ``(B) create an obligation on the part of the Federal Government to repay any non-Federal funds if the grant agreement is not signed; or ``(C) affect the ability of the recipient of the grant to obligate or expend non-Federal funds to meet the non-Federal cost share for the project for which the grant is provided after the period described in paragraph (1).''; (13) in subsection (n) (as so redesignated), by striking paragraph (1) and inserting the following: ``(1) <<NOTE: Reports.>> In general.--Not later than 60 days before the date on which a grant is provided for a project under this section, the Secretary shall submit to the Committees on Commerce, Science, and Transportation and Environment and Public Works of the Senate and the Committee on Transportation [[Page 135 STAT. 472]] and Infrastructure of the House of Representatives a report describing the proposed grant, including-- ``(A) <<NOTE: Evaluation.>> an evaluation and justification for the applicable project; and ``(B) a description of the amount of the proposed grant award.''; (14) by inserting after subsection (n) (as so redesignated) the following: ``(o) <<NOTE: Deadlines.>> Applicant Notification.-- ``(1) In general.--Not later than 60 days after the date on which a grant recipient for a project under this section is selected, the Secretary shall provide to each eligible applicant not selected for that grant a written notification that the eligible applicant was not selected. ``(2) Inclusion.--A written notification under paragraph (1) shall include an offer for a written or telephonic debrief by the Secretary that will provide-- ``(A) detail on the evaluation of the application of the eligible applicant; and ``(B) an explanation of and guidance on the reasons the application was not selected for a grant under this section. ``(3) Response.-- ``(A) In general.--Not later than 30 days after the eligible applicant receives a written notification under paragraph (1), if the eligible applicant opts to receive a debrief described in paragraph (2), the eligible applicant shall notify the Secretary that the eligible applicant is requesting a debrief. ``(B) Debrief.--If the eligible applicant submits a request for a debrief under subparagraph (A), the Secretary shall provide the debrief by not later than 60 days after the date on which the Secretary receives the request for a debrief.''; and (15) by striking subsection (p) (as so redesignated) and inserting the following: ``(p) Reports.-- ``(1) Annual report.-- ``(A) <<NOTE: Criteria.>> In general.-- Notwithstanding any other provision of law, not later than 30 days after the date on which the Secretary selects a project for funding under this section, the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report that describes the reasons for selecting the project, based on any criteria established by the Secretary in accordance with this section. ``(B) Inclusions.--The report submitted under subparagraph (A) shall specify each criterion established by the Secretary that the project meets. ``(C) <<NOTE: Web posting.>> Availability.--The Secretary shall make available on the website of the Department of Transportation the report submitted under subparagraph (A). ``(D) Applicability.--This paragraph applies to all projects described in subparagraph (A) that the Secretary selects on or after October 1, 2021. ``(2) Comptroller general.-- [[Page 135 STAT. 473]] ``(A) Assessment.--The Comptroller General of the United States shall conduct an assessment of the establishment, solicitation, selection, and justification process with respect to the funding of projects under this section. ``(B) Report.--Not later than 1 year after the date of enactment of the Surface Transportation Reauthorization Act of 2021 and annually thereafter, the Comptroller General of the United States shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report that describes, for each project selected to receive funding under this section-- ``(i) the process by which each project was selected; ``(ii) the factors that went into the selection of each project; and ``(iii) the justification for the selection of each project based on any criteria established by the Secretary in accordance with this section. ``(3) <<NOTE: Deadline.>> Inspector general.--Not later than 1 year after the date of enactment of the Surface Transportation Reauthorization Act of 2021 and annually thereafter, the Inspector General of the Department of Transportation shall-- ``(A) <<NOTE: Assessment.>> conduct an assessment of the establishment, solicitation, selection, and justification process with respect to the funding of projects under this section; and ``(B) <<NOTE: Reports.>> submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a final report that describes the findings of the Inspector General of the Department of Transportation with respect to the assessment conducted under subparagraph (A). ``(q) <<NOTE: Grants.>> State Incentives Pilot Program.-- ``(1) Establishment.--There is established a pilot program to award grants to eligible applicants for projects eligible for grants under this section (referred to in this subsection as the `pilot program'). ``(2) Priority.--In awarding grants under the pilot program, the Secretary shall give priority to an application that offers a greater non-Federal share of the cost of a project relative to other applications under the pilot program. ``(3) Federal share.-- ``(A) In general.--Notwithstanding any other provision of law, the Federal share of the cost of a project assisted with a grant under the pilot program may not exceed 50 percent. ``(B) No federal involvement.-- ``(i) In general.--For grants awarded under the pilot program, except as provided in clause (ii), an eligible applicant may not use Federal assistance to satisfy the non-Federal share of the cost under subparagraph (A). ``(ii) Exception.--An eligible applicant may use funds from a secured loan (as defined in section 601(a)) to satisfy the non-Federal share of the cost under subparagraph (A) if the loan is repayable from non-Federal funds. [[Page 135 STAT. 474]] ``(4) Reservation.-- ``(A) In general.--Of the amounts made available to provide grants under this section, the Secretary shall reserve for each fiscal year $150,000,000 to provide grants under the pilot program. ``(B) Unutilized amounts.--In any fiscal year during which applications under this subsection are insufficient to effect an award or allocation of the entire amount reserved under subparagraph (A), the Secretary shall use the unutilized amounts to provide other grants under this section. ``(5) <<NOTE: Applicability.>> Set-asides.-- ``(A) Small projects.-- ``(i) In general.--Of the amounts reserved under paragraph (4)(A), the Secretary shall reserve for each fiscal year not less than 10 percent for projects eligible for a grant under subsection (e). ``(ii) Requirement.--For a grant awarded from the amount reserved under clause (i)-- ``(I) the requirements of subsection (e) shall apply; and ``(II) the requirements of subsection (g) shall not apply. ``(B) Rural projects.-- ``(i) In general.--Of the amounts reserved under paragraph (4)(A), the Secretary shall reserve for each fiscal year not less than 25 percent for projects eligible for a grant under subsection (i). ``(ii) Requirement.--For a grant awarded from the amount reserved under clause (i), the requirements of subsection (i) shall apply. ``(6) Report to congress.--Not later than 2 years after the date of enactment of this subsection, the Secretary shall submit to the Committee on Environment and Public Works and the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report that describes the administration of the pilot program, including-- ``(A) the number, types, and locations of eligible applicants that have applied for grants under the pilot program; ``(B) the number, types, and locations of grant recipients under the pilot program; ``(C) <<NOTE: Assessment.>> an assessment of whether implementation of the pilot program has incentivized eligible applicants to offer a greater non- Federal share for grants under the pilot program; and ``(D) <<NOTE: Recommenda- tions.>> any recommendations for modifications to the pilot program. ``(r) Multistate Corridor Organization Defined.--For purposes of this section, the term `multistate corridor organization' means an organization of a group of States developed through cooperative agreements, coalitions, or other arrangements to promote regional cooperation, planning, and shared project implementation for programs and projects to improve transportation system management and operations for a shared transportation corridor. [[Page 135 STAT. 475]] ``(s) Additional Authorization of Appropriations.--In addition to amounts made available from the Highway Trust Fund, there are authorized to be appropriated to carry out this section, to remain available for a period of 3 fiscal years following the fiscal year for which the amounts are appropriated-- ``(1) $1,000,000,000 for fiscal year 2022; ``(2) $1,100,000,000 for fiscal year 2023; ``(3) $1,200,000,000 for fiscal year 2024; ``(4) $1,300,000,000 for fiscal year 2025; and ``(5) $1,400,000,000 for fiscal year 2026.''. (b) Clerical Amendment.--The analysis for chapter 1 of title 23, United States Code, <<NOTE: 23 USC 101 prec.>> is amended by striking the item relating to section 117 and inserting the following: ``117. Nationally significant multimodal freight and highway projects.''. (c) <<NOTE: 23 USC 117 note.>> Efficient Use of Non-Federal Funds.-- (1) <<NOTE: Grants. Applicability.>> In general.-- Notwithstanding any other provision of law, in the case of a grant described in paragraph (2), section 117(k) of title 23, United States Code, shall apply to the grant as if the grant was a grant provided under that section. (2) Grant described.--A grant referred to in paragraph (1) is a grant that is-- (A) provided under a competitive discretionary grant program administered by the Federal Highway Administration; (B) for a project eligible under title 23, United States Code; and (C) in an amount greater than $5,000,000. SEC. 11111. HIGHWAY SAFETY IMPROVEMENT PROGRAM. (a) In General.--Section 148 of title 23, United States Code, is amended-- (1) in subsection (a)-- (A) in paragraph (4)(B)-- (i) in clause (i), by inserting ``that provides for the safety of all road users, as appropriate, including a multimodal roundabout'' after ``improvement''; (ii) in clause (vi), by inserting ``or a grade separation project'' after ``devices''; (iii) by striking clause (viii) and inserting the following: ``(viii) Construction or installation of features, measures, and road designs to calm traffic and reduce vehicle speeds.''; (iv) by striking clause (xxvi) and inserting the following: ``(xxvi) Installation or upgrades of traffic control devices for pedestrians and bicyclists, including pedestrian hybrid beacons and the addition of bicycle movement phases to traffic signals.''; and (v) by striking clauses (xxvii) and (xxviii) and inserting the following: ``(xxvii) Roadway improvements that provide separation between pedestrians and motor vehicles or between bicyclists and motor vehicles, including medians, pedestrian crossing islands, protected bike lanes, and protected intersection features. [[Page 135 STAT. 476]] ``(xxviii) A pedestrian security feature designed to slow or stop a motor vehicle. ``(xxix) A physical infrastructure safety project not described in clauses (i) through (xxviii).''; (B) by redesignating paragraphs (9) through (12) as paragraphs (10), (12), (13), and (14), respectively; (C) by inserting after paragraph (8) the following: ``(9) <<NOTE: Definition.>> Safe system approach.--The term `safe system approach' means a roadway design-- ``(A) that emphasizes minimizing the risk of injury or fatality to road users; and ``(B) that-- ``(i) takes into consideration the possibility and likelihood of human error; ``(ii) accommodates human injury tolerance by taking into consideration likely accident types, resulting impact forces, and the ability of the human body to withstand impact forces; and ``(iii) takes into consideration vulnerable road users.''; (D) by inserting after paragraph (10) (as so redesignated) the following: ``(11) Specified safety project.-- ``(A) <<NOTE: Definition.>> In general.--The term `specified safety project' means a project carried out for the purpose of safety under any other section of this title that is consistent with the State strategic highway safety plan. ``(B) Inclusion.--The term `specified safety project' includes a project that-- ``(i) promotes public awareness and informs the public regarding highway safety matters (including safety for motorcyclists, bicyclists, pedestrians, individuals with disabilities, and other road users); ``(ii) facilitates enforcement of traffic safety laws; ``(iii) provides infrastructure and infrastructure-related equipment to support emergency services; ``(iv) conducts safety-related research to evaluate experimental safety countermeasures or equipment; or ``(v) supports safe routes to school noninfrastructure-related activities described in section 208(g)(2).''; (E) in paragraph (13) (as so redesignated)-- (i) by redesignating subparagraphs (G), (H), and (I) as subparagraphs (H), (I), and (J), respectively; and (ii) by inserting after subparagraph (F) the following; ``(G) includes a vulnerable road user safety assessment;''; and (F) <<NOTE: Definitions.>> by adding at the end the following: ``(15) Vulnerable road user.--The term `vulnerable road user' means a nonmotorist-- ``(A) with a fatality analysis reporting system person attribute code that is included in the definition of the term `number of non-motorized fatalities' in section 490.205 of title 23, Code of Federal Regulations (or successor regulations); or [[Page 135 STAT. 477]] ``(B) described in the term `number of non-motorized serious injuries' in that section. ``(16) Vulnerable road user safety assessment.--The term `vulnerable road user safety assessment' means an assessment of the safety performance of the State with respect to vulnerable road users and the plan of the State to improve the safety of vulnerable road users as described in subsection (l).''; (2) in subsection (c)-- (A) in paragraph (1)(A), by striking ``subsections (a)(11)'' and inserting ``subsections (a)(13)''; and (B) in paragraph (2)-- (i) in subparagraph (A)(vi), by inserting ``and to differentiate the safety data for vulnerable road users, including bicyclists, motorcyclists, and pedestrians, from other road users'' after ``crashes''; (ii) in subparagraph (B)(i), by striking ``(including motorcyclists), bicyclists, pedestrians,'' and inserting ``, vulnerable road users (including motorcyclists, bicyclists, pedestrians),''; and (iii) in subparagraph (D)-- (I) in clause (iv), by striking ``and'' at the end; (II) in clause (v), by striking the semicolon at the end and inserting ``; and''; and (III) by adding at the end the following: ``(vi) improves the ability of the State to differentiate the fatalities and serious injuries of vulnerable road users, including bicyclists, motorcyclists, and pedestrians, from other road users;''; (3) in subsection (d)(2)(B)(i), by striking ``subsection (a)(11)'' and inserting ``subsection (a)(13)''; (4) in subsection (e), by adding at the end the following: ``(3) Flexible funding for specified safety projects.-- ``(A) In general.--To advance the implementation of a State strategic highway safety plan, a State may use not more than 10 percent of the amounts apportioned to the State under section 104(b)(3) for a fiscal year to carry out specified safety projects. ``(B) Rule of construction.--Nothing in this paragraph requires a State to revise any State process, plan, or program in effect on the date of enactment of this paragraph. ``(C) Effect of paragraph.-- ``(i) Requirements.--A project carried out under this paragraph shall be subject to all requirements under this section that apply to a highway safety improvement project. ``(ii) Other apportioned programs.--Nothing in this paragraph prohibits the use of funds made available under other provisions of this title for a specified safety project that is a noninfrastructure project.''; (5) in subsection (g), by adding at the end the following: ``(3) <<NOTE: Requirement.>> Vulnerable road user safety.-- If the total annual fatalities of vulnerable road users in a State represents not less than 15 percent of the total annual crash fatalities in the State, that State shall be required to obligate not less than 15 percent of the amounts apportioned to the State under [[Page 135 STAT. 478]] section 104(b)(3) for the following fiscal year for highway safety improvement projects to address the safety of vulnerable road users.''; and (6) by adding at the end the following: ``(l) Vulnerable Road User Safety Assessment.-- ``(1) <<NOTE: Deadline.>> In general.--Not later than 2 years after the date of enactment of this subsection, each State shall complete a vulnerable road user safety assessment. ``(2) Contents.--A vulnerable road user safety assessment under paragraph (1) shall include-- ``(A) <<NOTE: Analysis. Data.>> a quantitative analysis of vulnerable road user fatalities and serious injuries that-- ``(i) includes data such as location, roadway functional classification, design speed, speed limit, and time of day; ``(ii) considers the demographics of the locations of fatalities and serious injuries, including race, ethnicity, income, and age; and ``(iii) based on the data, identifies areas as `high-risk' to vulnerable road users; and ``(B) <<NOTE: Strategies.>> a program of projects or strategies to reduce safety risks to vulnerable road users in areas identified as high-risk under subparagraph (A)(iii). ``(3) Use of data.--In carrying out a vulnerable road user safety assessment under paragraph (1), a State shall use data from the most recent 5-year period for which data is available. ``(4) Requirements.--In carrying out a vulnerable road user safety assessment under paragraph (1), a State shall-- ``(A) take into consideration a safe system approach; and ``(B) <<NOTE: Consultation.>> consult with local governments, metropolitan planning organizations, and regional transportation planning organizations that represent a high-risk area identified under paragraph (2)(A)(iii). ``(5) Update.--A State shall update the vulnerable road user safety assessment of the State in accordance with the updates required to the State strategic highway safety plan under subsection (d). ``(6) Requirement for transportation system access.--The program of projects developed under paragraph (2)(B) may not degrade transportation system access for vulnerable road users. ``(7) Guidance.-- ``(A) <<NOTE: Deadline.>> In general.--Not later than 1 year after the date of enactment of this subsection, the Secretary shall develop guidance for States to carry out this subsection. ``(B) Consultation.--In developing the guidance under this paragraph, the Secretary shall consult with the States and relevant safety stakeholders.''. (b) <<NOTE: Deadlines. Updates. 23 USC 148 note.>> High-risk Rural Roads.-- (1) Study.--Not later than 2 years after the date of enactment of this Act, the Secretary shall update the study under section 1112(b)(1) of MAP-21 (23 U.S.C. 148 note; Public Law 112-141). (2) <<NOTE: Web posting.>> Publication of report.--Not later than 2 years after the date of enactment of this Act, the Secretary shall publish on the website of the Department of Transportation an update [[Page 135 STAT. 479]] to the report described in section 1112(b)(2) of MAP-21 (23 U.S.C. 148 note; Public Law 112-141). (3) Best practices manual.--Not later than 180 days after the date on which the report is published under paragraph (2), the Secretary shall update the best practices manual described in section 1112(b)(3) of MAP-21 (23 U.S.C. 148 note; Public Law 112-141). SEC. 11112. FEDERAL LANDS TRANSPORTATION PROGRAM. Section 203(a) of title 23, United States Code, is amended-- (1) in paragraph (1)(D), by striking ``$10,000,000'' and inserting ``$20,000,000''; and (2) by adding at the end the following: ``(6) Native plant materials.--In carrying out an activity described in paragraph (1), the entity carrying out the activity shall consider, to the maximum extent practicable-- ``(A) the use of locally adapted native plant materials; and ``(B) designs that minimize runoff and heat generation.''. SEC. 11113. FEDERAL LANDS ACCESS PROGRAM. (a) Federal Share.--Section 201 of title 23, United States Code, is amended-- (1) in subsection (b)(7)(B), by striking ``determined in accordance with section 120'', and inserting ``be up to 100 percent''; and (2) in subsection (c)(8)(A), by striking ``5 percent'' and inserting ``20 percent''. (b) Federal Lands Access Program.--Section 204(a) of title 23, United States Code, is amended-- (1) in paragraph (1)(A)-- (A) in the matter preceding clause (i), by inserting ``context-sensitive solutions,'' after ``restoration,''; (B) in clause (i), by inserting ``, including interpretive panels in or adjacent to those areas'' after ``areas''; (C) in clause (v), by striking ``and'' at the end; (D) by redesignating clause (vi) as clause (ix); and (E) by inserting after clause (v) the following: ``(vi) contextual wayfinding markers; ``(vii) landscaping; ``(viii) cooperative mitigation of visual blight, including screening or removal; and''; and (2) by adding at the end the following: ``(6) Native plant materials.--In carrying out an activity described in paragraph (1), the Secretary shall ensure that the entity carrying out the activity considers, to the maximum extent practicable-- ``(A) the use of locally adapted native plant materials; and ``(B) designs that minimize runoff and heat generation.''. SEC. 11114. NATIONAL HIGHWAY FREIGHT PROGRAM. Section 167 of title 23, United States Code, is amended-- (1) in subsection (e)-- (A) in paragraph (2), by striking ``150 miles'' and inserting ``300 miles''; and [[Page 135 STAT. 480]] (B) by adding at the end the following: ``(3) Rural states.--Notwithstanding paragraph (2), a State with a population per square mile of area that is less than the national average, based on the 2010 census, may designate as critical rural freight corridors a maximum of 600 miles of highway or 25 percent of the primary highway freight system mileage in the State, whichever is greater.''; (2) in subsection (f)(4), by striking ``75 miles'' and inserting ``150 miles''; and (3) in subsection (i)(5)(B)-- (A) in the matter preceding clause (i), by striking ``10 percent'' and inserting ``30 percent''; (B) in clause (i), by striking ``and'' at the end; (C) in clause (ii), by striking the period at the end and inserting a semicolon; and (D) <<NOTE: Determinations.>> by adding at the end the following: ``(iii) for the modernization or rehabilitation of a lock and dam, if the Secretary determines that the project-- ``(I) is functionally connected to the National Highway Freight Network; and ``(II) is likely to reduce on-road mobile source emissions; and ``(iv) on a marine highway corridor, connector, or crossing designated by the Secretary under section 55601(c) of title 46 (including an inland waterway corridor, connector, or crossing), if the Secretary determines that the project-- ``(I) is functionally connected to the National Highway Freight Network; and ``(II) is likely to reduce on-road mobile source emissions.''. SEC. 11115. CONGESTION MITIGATION AND AIR QUALITY IMPROVEMENT PROGRAM. Section 149 of title 23, United States Code, is amended-- (1) in subsection (b)-- (A) in the matter preceding paragraph (1), by striking ``subsection (d)'' and inserting ``subsections (d) and (m)(1)(B)(ii)'' (B) in paragraph (7), by inserting ``shared micromobility (including bikesharing and shared scooter systems),'' after ``carsharing,''; (C) in paragraph (8)-- (i) in subparagraph (A)-- (I) in the matter preceding clause (i), by inserting ``replacements or'' before ``retrofits''; (II) by striking clause (i) and inserting the following: ``(i) verified technologies (as defined in section 791 of the Energy Policy Act of 2005 (42 U.S.C. 16131)) for motor vehicles (as defined in section 216 of the Clean Air Act (42 U.S.C. 7550)); or''; and (III) in clause (ii)(II), by striking ``or'' at the end; and (ii) in subparagraph (B), by inserting ``replacements or'' before ``retrofits''; and [[Page 135 STAT. 481]] (iii) by adding at the end the following: ``(C) the purchase of medium- or heavy-duty zero emission vehicles and related charging equipment;''; (D) in paragraph (9), by striking the period at the end and inserting a semicolon; and (E) <<NOTE: Determinations.>> by adding at the end the following: ``(10) if the project is for the modernization or rehabilitation of a lock and dam that-- ``(A) is functionally connected to the Federal-aid highway system; and ``(B) the Secretary determines is likely to contribute to the attainment or maintenance of a national ambient air quality standard; or ``(11) if the project is on a marine highway corridor, connector, or crossing designated by the Secretary under section 55601(c) of title 46 (including an inland waterway corridor, connector, or crossing) that-- ``(A) is functionally connected to the Federal-aid highway system; and ``(B) the Secretary determines is likely to contribute to the attainment or maintenance of a national ambient air quality standard.''; (2) in subsection (c), by adding at the end the following: ``(4) Locks and dams; marine highways.--For each fiscal year, a State may not obligate more than 10 percent of the funds apportioned to the State under section 104(b)(4) for projects described in paragraphs (10) and (11) of subsection (b).''; (3) in subsection (f)(4)(A), by inserting ``and nonroad vehicles and nonroad engines used in construction projects or port-related freight operations'' after ``motor vehicles''; (4) in subsection (g)-- (A) in paragraph (1)(B)-- (i) in the subparagraph heading, by inserting ``replacement or'' before ``retrofit''; (ii) by striking ``The term `diesel retrofit' '' and inserting ``The term `diesel replacement or retrofit' ''; and (iii) by inserting ``or retrofit'' after ``replacement''; (B) in paragraph (2), in the matter preceding subparagraph (A), by inserting ``replacement or'' before ``retrofit''; and (C) in paragraph (3), by inserting ``replacements or'' before ``retrofits''; (5) in subsection (k)(1), by striking ``that reduce such fine particulate matter emissions in such area, including diesel retrofits.'' and inserting ``that-- ``(A) reduce such fine particulate matter emissions in such area, including diesel replacements or retrofits; and ``(B) to the extent practicable, prioritize benefits to disadvantaged communities or low-income populations living in, or immediately adjacent to, such area.''; (6) in subsection (l), by adding at the following: ``(3) Assistance to metropolitan planning organizations.-- [[Page 135 STAT. 482]] ``(A) In general.--On the request of a metropolitan planning organization, the Secretary may assist the metropolitan planning organization tracking progress made in minority or low-income populations as part of a performance plan under this subsection. ``(B) Savings provision.--Nothing in this paragraph provides the Secretary the authority-- ``(i) to change the performance measures under section 150(c)(5) or the performance targets established under section 134(h)(2) or 150(d); or ``(ii) to establish any other Federal requirement.''; and (7) by striking subsection (m) and inserting the following: ``(m) Operating Assistance.-- ``(1) In general.--A State may obligate funds apportioned under section 104(b)(4) in an area of the State that is otherwise eligible for obligations of such funds for operating costs-- ``(A) under chapter 53 of title 49; or ``(B) on-- ``(i) a system for which CMAQ funding was eligible, made available, obligated, or expended in fiscal year 2012; or ``(ii) a State-supported Amtrak route with a valid cost-sharing agreement under section 209 of the Passenger Rail Investment and Improvement Act of 2008 (49 U.S.C. 24101 note; Public Law 110-432) and no current nonattainment areas under subsection (d). ``(2) No time limitation.--Operating assistance provided under paragraph (1) shall have no imposed time limitation if the operating assistance is for-- ``(A) a route described in subparagraph (B) of that paragraph; or ``(B) a transit system that is located in-- ``(i) a non-urbanized area; or ``(ii) an urbanized area with a population of 200,000 or fewer.''. SEC. 11116. ALASKA HIGHWAY. Section 218 of title 23, United States Code, is amended to read as follows: ``Sec. 218. <<NOTE: Canada.>> Alaska Highway ``(a) Recognizing the benefits that will accrue to the State of Alaska and to the United States from the reconstruction of the Alaska Highway from the Alaskan border at Beaver Creek, Yukon Territory, to Haines Junction in Canada and the Haines Cutoff Highway from Haines Junction in Canada to Haines, Alaska, the Secretary may provide for the necessary reconstruction of the highway using funds awarded through an applicable competitive grant program, if the highway meets all applicable eligibility requirements for the program, except for the specific requirements established by the agreement for the Alaska Highway Project between the Government of the United States and the Government of Canada. In addition to the funds described in the previous sentence, notwithstanding any other provision of law and on agreement with the State of Alaska, the Secretary is authorized to expend on such highway or the Alaska Marine Highway System [[Page 135 STAT. 483]] any Federal-aid highway funds apportioned to the State of Alaska under this title at a Federal share of 100 per centum. No expenditures shall be made for the construction of the portion of such highways that are in Canada unless an agreement is in place between the Government of Canada and the Government of the United States (including an agreement in existence on the date of enactment of the Surface Transportation Reauthorization Act of 2021) that provides, in part, that the Canadian Government-- ``(1) will provide, without participation of funds authorized under this title, all necessary right-of-way for the reconstruction of such highways; ``(2) will not impose any highway toll, or permit any such toll to be charged for the use of such highways by vehicles or persons; ``(3) will not levy or assess, directly or indirectly, any fee, tax, or other charge for the use of such highways by vehicles or persons from the United States that does not apply equally to vehicles or persons of Canada; ``(4) will continue to grant reciprocal recognition of vehicle registration and driver's licenses in accordance with agreements between the United States and Canada; and ``(5) will maintain such highways after their completion in proper condition adequately to serve the needs of present and future traffic. ``(b) The survey and construction work undertaken in Canada pursuant to this section shall be under the general supervision of the Secretary. ``(c) <<NOTE: Definition.>> For purposes of this section, the term `Alaska Marine Highway System' includes all existing or planned transportation facilities and equipment in Alaska, including the lease, purchase, or construction of vessels, terminals, docks, floats, ramps, staging areas, parking lots, bridges and approaches thereto, and necessary roads. ``(d) Notwithstanding any other provision of law, a project assisted under this section in the State of Alaska shall be treated as a project on a Federal-aid highway under chapter 1.''. SEC. 11117. TOLL ROADS, BRIDGES, TUNNELS, AND FERRIES. (a) In General.--Section 129(c) of title 23, United States Code, is amended in the matter preceding paragraph (1) by striking ``the construction of ferry boats and ferry terminal facilities, whether toll or free,'' and inserting ``the construction of ferry boats and ferry terminal facilities (including ferry maintenance facilities), whether toll or free, and the procurement of transit vehicles used exclusively as an integral part of an intermodal ferry trip,''. (b) <<NOTE: 23 USC 147 note.>> Diesel Fuel Ferry Vessels.-- (1) <<NOTE: Determination.>> In general.--Notwithstanding section 147(b), in the case of a project to replace or retrofit a diesel fuel ferry vessel that provides substantial emissions reductions, the Federal share of the cost of the project may be up to 85 percent, as determined by the State. (2) Sunset.--The authority provided by paragraph (1) shall terminate on September 30, 2025. SEC. 11118. BRIDGE INVESTMENT PROGRAM. (a) In General.--Chapter 1 of title 23, United States Code, is amended by inserting after section 123 the following: [[Page 135 STAT. 484]] ``Sec. 124. <<NOTE: Grants. 23 USC 124.>> Bridge investment program ``(a) Definitions.--In this section: ``(1) Eligible project.-- ``(A) In general.--The term `eligible project' means a project to replace, rehabilitate, preserve, or protect 1 or more bridges on the National Bridge Inventory under section 144(b). ``(B) Inclusions.--The term `eligible project' includes-- ``(i) a bundle of projects described in subparagraph (A), regardless of whether the bundle of projects meets the requirements of section 144(j)(5); and ``(ii) a project to replace or rehabilitate culverts for the purpose of improving flood control and improved habitat connectivity for aquatic species. ``(2) Large project.--The term `large project' means an eligible project with total eligible project costs of greater than $100,000,000. ``(3) Program.--The term `program' means the bridge investment program established by subsection (b)(1). ``(b) Establishment of Bridge Investment Program.-- ``(1) In general.--There is established a bridge investment program to provide financial assistance for eligible projects under this section. ``(2) Goals.--The goals of the program shall be-- ``(A) to improve the safety, efficiency, and reliability of the movement of people and freight over bridges; ``(B) to improve the condition of bridges in the United States by reducing-- ``(i) the number of bridges-- ``(I) in poor condition; or ``(II) in fair condition and at risk of falling into poor condition within the next 3 years; ``(ii) the total person miles traveled over bridges-- ``(I) in poor condition; or ``(II) in fair condition and at risk of falling into poor condition within the next 3 years; ``(iii) the number of bridges that-- ``(I) do not meet current geometric design standards; or ``(II) cannot meet the load and traffic requirements typical of the regional transportation network; and ``(iv) the total person miles traveled over bridges that-- ``(I) do not meet current geometric design standards; or ``(II) cannot meet the load and traffic requirements typical of the regional transportation network; and ``(C) to provide financial assistance that leverages and encourages non-Federal contributions from sponsors and stakeholders involved in the planning, design, and construction of eligible projects. ``(c) Grant Authority.-- ``(1) In general.--In carrying out the program, the Secretary may award grants, on a competitive basis, in accordance with this section. [[Page 135 STAT. 485]] ``(2) Grant amounts.--Except as otherwise provided, a grant under the program shall be-- ``(A) in the case of a large project, in an amount that is-- ``(i) adequate to fully fund the project (in combination with other financial resources identified in the application); and ``(ii) not less than $50,000,000; and ``(B) in the case of any other eligible project, in an amount that is-- ``(i) adequate to fully fund the project (in combination with other financial resources identified in the application); and ``(ii) not less than $2,500,000. ``(3) Maximum amount.--Except as otherwise provided, for an eligible project receiving assistance under the program, the amount of assistance provided by the Secretary under this section, as a share of eligible project costs, shall be-- ``(A) in the case of a large project, not more than 50 percent; and ``(B) in the case of any other eligible project, not more than 80 percent. ``(4) Federal share.-- ``(A) Maximum federal involvement.--Federal assistance other than a grant under the program may be used to satisfy the non-Federal share of the cost of a project for which a grant is made, except that the total Federal assistance provided for a project receiving a grant under the program may not exceed the Federal share for the project under section 120. ``(B) Off-system bridges.--In the case of an eligible project for an off-system bridge (as defined in section 133(f)(1))-- ``(i) Federal assistance other than a grant under the program may be used to satisfy the non- Federal share of the cost of a project; and ``(ii) notwithstanding subparagraph (A), the total Federal assistance provided for the project shall not exceed 90 percent of the total eligible project costs. ``(C) Federal land management agencies and tribal governments.--Notwithstanding any other provision of law, Federal funds other than Federal funds made available under this section may be used to pay the remaining share of the cost of a project under the program by a Federal land management agency or a Tribal government or consortium of Tribal governments. ``(5) Considerations.-- ``(A) In general.--In awarding grants under the program, the Secretary shall consider-- ``(i) in the case of a large project, the ratings assigned under subsection (g)(5)(A); ``(ii) in the case of an eligible project other than a large project, the quality rating assigned under subsection (f)(3)(A)(ii); ``(iii) the average daily person and freight throughput supported by the eligible project; [[Page 135 STAT. 486]] ``(iv) the number and percentage of bridges within the same State as the eligible project that are in poor condition; ``(v) the extent to which the eligible project demonstrates cost savings by bundling multiple bridge projects; ``(vi) in the case of an eligible project of a Federal land management agency, the extent to which the grant would reduce a Federal liability or Federal infrastructure maintenance backlog; ``(vii) geographic diversity among grant recipients, including the need for a balance between the needs of rural and urban communities; and ``(viii) the extent to which a bridge that would be assisted with a grant-- ``(I) is, without that assistance-- ``(aa) at risk of falling into or remaining in poor condition; or ``(bb) in fair condition and at risk of falling into poor condition within the next 3 years; ``(II) does not meet current geometric design standards based on-- ``(aa) the current use of the bridge; or ``(bb) load and traffic requirements typical of the regional corridor or local network in which the bridge is located; or ``(III) does not meet current seismic design standards. ``(B) Requirement.--The Secretary shall-- ``(i) give priority to an application for an eligible project that is located within a State for which-- ``(I) 2 or more applications for eligible projects within the State were submitted for the current fiscal year and an average of 2 or more applications for eligible projects within the State were submitted in prior fiscal years of the program; and ``(II) fewer than 2 grants have been awarded for eligible projects within the State under the program; ``(ii) <<NOTE: Determinations.>> during the period of fiscal years 2022 through 2026, for each State described in clause (i), select-- ``(I) not fewer than 1 large project that the Secretary determines is justified under the evaluation under subsection (g)(4); or ``(II) 2 eligible projects that are not large projects that the Secretary determines are justified under the evaluation under subsection (f)(3); and ``(iii) not be required to award a grant for an eligible project that the Secretary does not determine is justified under an evaluation under subsection (f)(3) or (g)(4). ``(6) Culvert limitation.--Not more than 5 percent of the amounts made available for each fiscal year for grants under the program may be used for eligible projects that consist solely of culvert replacement or rehabilitation. ``(d) Eligible Entity.--The Secretary may make a grant under the program to any of the following: [[Page 135 STAT. 487]] ``(1) A State or a group of States. ``(2) A metropolitan planning organization that serves an urbanized area (as designated by the Bureau of the Census) with a population of over 200,000. ``(3) A unit of local government or a group of local governments. ``(4) A political subdivision of a State or local government. ``(5) A special purpose district or public authority with a transportation function. ``(6) A Federal land management agency. ``(7) A Tribal government or a consortium of Tribal governments. ``(8) A multistate or multijurisdictional group of entities described in paragraphs (1) through (7). ``(e) Eligible Project Requirements.--The Secretary may make a grant under the program only to an eligible entity for an eligible project that-- ``(1) <<NOTE: Recommenda- tions.>> in the case of a large project, the Secretary recommends for funding in the annual report on funding recommendations under subsection (g)(6), except as provided in subsection (g)(1)(B); ``(2) <<NOTE: Deadline.>> is reasonably expected to begin construction not later than 18 months after the date on which funds are obligated for the project; and ``(3) is based on the results of preliminary engineering. ``(f) Competitive Process and Evaluation of Eligible Projects Other Than Large Projects.-- ``(1) Competitive process.-- ``(A) <<NOTE: Deadlines.>> In general.--The Secretary shall-- ``(i) for the first fiscal year for which funds are made available for obligation under the program, not later than 60 days after the date on which the template under subparagraph (B)(i) is developed, and in subsequent fiscal years, not later than 60 days after the date on which amounts are made available for obligation under the program, solicit grant applications for eligible projects other than large projects; and ``(ii) not later than 120 days after the date on which the solicitation under clause (i) expires, conduct evaluations under paragraph (3). ``(B) Requirements.--In carrying out subparagraph (A), the Secretary shall-- ``(i) develop a template for applicants to use to summarize project needs and benefits, including benefits described in paragraph (3)(B)(i); and ``(ii) enable applicants to use data from the National Bridge Inventory under section 144(b) to populate templates described in clause (i), as applicable. ``(2) Applications.--An eligible entity shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. ``(3) Evaluation.-- ``(A) In general.--Prior to providing a grant under this subsection, the Secretary shall-- [[Page 135 STAT. 488]] ``(i) conduct an evaluation of each eligible project for which an application is received under this subsection; and ``(ii) assign a quality rating to the eligible project on the basis of the evaluation under clause (i). ``(B) Requirements.--In carrying out an evaluation under subparagraph (A), the Secretary shall-- ``(i) <<NOTE: Determination.>> consider information on project benefits submitted by the applicant using the template developed under paragraph (1)(B)(i), including whether the project will generate, as determined by the Secretary-- ``(I) costs avoided by the prevention of closure or reduced use of the bridge to be improved by the project; ``(II) in the case of a bundle of projects, benefits from executing the projects as a bundle compared to as individual projects; ``(III) safety benefits, including the reduction of accidents and related costs; ``(IV) person and freight mobility benefits, including congestion reduction and reliability improvements; ``(V) national or regional economic benefits; ``(VI) benefits from long-term resiliency to extreme weather events, flooding, or other natural disasters; ``(VII) benefits from protection (as described in section 133(b)(10)), including improving seismic or scour protection; ``(VIII) environmental benefits, including wildlife connectivity; ``(IX) benefits to nonvehicular and public transportation users; ``(X) benefits of using-- ``(aa) innovative design and construction techniques; or ``(bb) innovative technologies; or ``(XI) reductions in maintenance costs, including, in the case of a federally-owned bridge, cost savings to the Federal budget; and ``(ii) consider whether and the extent to which the benefits, including the benefits described in clause (i), are more likely than not to outweigh the total project costs. ``(g) Competitive Process, Evaluation, and Annual Report for Large Projects.-- ``(1) In general.-- ``(A) Applications.--The Secretary shall establish an annual date by which an eligible entity submitting an application for a large project shall submit to the Secretary such information as the Secretary may require, including information described in paragraph (2), in order for a large project to be considered for a recommendation by the Secretary for funding in the next annual report under paragraph (6). ``(B) First fiscal year.--Notwithstanding subparagraph (A), for the first fiscal year for which funds are [[Page 135 STAT. 489]] made available for obligation for grants under the program, the Secretary may establish a date by which an eligible entity submitting an application for a large project shall submit to the Secretary such information as the Secretary may require, including information described in paragraph (2), in order for a large project to be considered for immediate execution of a grant agreement. ``(2) Information required.--The information referred to in paragraph (1) includes-- ``(A) all necessary information required for the Secretary to evaluate the large project; and ``(B) <<NOTE: Determination.>> information sufficient for the Secretary to determine that-- ``(i) the large project meets the applicable requirements under this section; and ``(ii) there is a reasonable likelihood that the large project will continue to meet the requirements under this section. ``(3) Determination; notice.--On making a determination that information submitted to the Secretary under paragraph (1) is sufficient, the Secretary shall provide a written notice of that determination to-- ``(A) the eligible entity that submitted the application; ``(B) the Committee on Environment and Public Works of the Senate; and ``(C) the Committee on Transportation and Infrastructure of the House of Representatives. ``(4) <<NOTE: Recommenda- tions. Determination.>> Evaluation.--The Secretary may recommend a large project for funding in the annual report under paragraph (6), or, in the case of the first fiscal year for which funds are made available for obligation for grants under the program, immediately execute a grant agreement for a large project, only if the Secretary evaluates the proposed project and determines that the project is justified because the project-- ``(A) <<NOTE: Determination.>> addresses a need to improve the condition of the bridge, as determined by the Secretary, consistent with the goals of the program under subsection (b)(2); ``(B) <<NOTE: Determination.>> will generate, as determined by the Secretary-- ``(i) costs avoided by the prevention of closure or reduced use of the bridge to be improved by the project; ``(ii) in the case of a bundle of projects, benefits from executing the projects as a bundle compared to as individual projects; ``(iii) safety benefits, including the reduction of accidents and related costs; ``(iv) person and freight mobility benefits, including congestion reduction and reliability improvements; ``(v) national or regional economic benefits; ``(vi) benefits from long-term resiliency to extreme weather events, flooding, or other natural disasters; ``(vii) benefits from protection (as described in section 133(b)(10)), including improving seismic or scour protection; ``(viii) environmental benefits, including wildlife connectivity; ``(ix) benefits to nonvehicular and public transportation users; [[Page 135 STAT. 490]] ``(x) benefits of using-- ``(I) innovative design and construction techniques; or ``(II) innovative technologies; or ``(xi) reductions in maintenance costs, including, in the case of a federally-owned bridge, cost savings to the Federal budget; ``(C) <<NOTE: Analysis.>> is cost effective based on an analysis of whether the benefits and avoided costs described in subparagraph (B) are expected to outweigh the project costs; ``(D) is supported by other Federal or non-Federal financial commitments or revenues adequate to fund ongoing maintenance and preservation; and ``(E) is consistent with the objectives of an applicable asset management plan of the project sponsor, including a State asset management plan under section 119(e) in the case of a project on the National Highway System that is sponsored by a State. ``(5) Ratings.-- ``(A) In general.--The Secretary shall develop a methodology to evaluate and rate a large project on a 5- point scale (the points of which include `high', `medium-high', `medium', `medium-low', and `low') for each of-- ``(i) paragraph (4)(B); ``(ii) paragraph (4)(C); and ``(iii) paragraph (4)(D). ``(B) Requirement.--To be considered justified and receive a recommendation for funding in the annual report under paragraph (6), a project shall receive a rating of not less than `medium' for each rating required under subparagraph (A). ``(C) Interim methodology.--In the first fiscal year for which funds are made available for obligation for grants under the program, the Secretary may establish an interim methodology to evaluate and rate a large project for each of-- ``(i) paragraph (4)(B); ``(ii) paragraph (4)(C); and ``(iii) paragraph (4)(D). ``(6) Annual report on funding recommendations for large projects.-- ``(A) In general.--Not later than the first Monday in February of each year, the Secretary shall submit to the Committees on Transportation and Infrastructure and Appropriations of the House of Representatives and the Committees on Environment and Public Works and Appropriations of the Senate a report that includes-- ``(i) <<NOTE: List.>> a list of large projects that have requested a recommendation for funding under a new grant agreement from funds anticipated to be available to carry out this subsection in the next fiscal year; ``(ii) the evaluation under paragraph (4) and ratings under paragraph (5) for each project referred to in clause (i); ``(iii) <<NOTE: Payments.>> the grant amounts that the Secretary recommends providing to large projects in the next fiscal year, including-- [[Page 135 STAT. 491]] ``(I) scheduled payments under previously signed multiyear grant agreements under subsection (j); ``(II) payments for new grant agreements, including single-year grant agreements and multiyear grant agreements; and ``(III) a description of how amounts anticipated to be available for the program from the Highway Trust Fund for that fiscal year will be distributed; and ``(iv) <<NOTE: Proposed schedule.>> for each project for which the Secretary recommends a new multiyear grant agreement under subsection (j), the proposed payout schedule for the project. ``(B) Limitations.-- ``(i) <<NOTE: Determination.>> In general.-- The Secretary shall not recommend in an annual report under this paragraph a new multiyear grant agreement provided from funds from the Highway Trust Fund unless the Secretary determines that the project can be completed using funds that are anticipated to be available from the Highway Trust Fund in future fiscal years. ``(ii) General fund projects.--The Secretary-- ``(I) may recommend for funding in an annual report under this paragraph a large project using funds from the general fund of the Treasury; but ``(II) shall not execute a grant agreement for that project unless-- ``(aa) funds other than from the Highway Trust Fund have been made available for the project; and ``(bb) <<NOTE: Determination.>> the Secretary determines that the project can be completed using funds other than from the Highway Trust Fund that are anticipated to be available in future fiscal years. ``(C) Considerations.--In selecting projects to recommend for funding in the annual report under this paragraph, or, in the case of the first fiscal year for which funds are made available for obligation for grants under the program, projects for immediate execution of a grant agreement, the Secretary shall-- ``(i) consider the amount of funds available in future fiscal years for multiyear grant agreements as described in subparagraph (B); and ``(ii) assume the availability of funds in future fiscal years for multiyear grant agreements that extend beyond the period of authorization based on the amount made available for large projects under the program in the last fiscal year of the period of authorization. ``(D) Project diversity.--In selecting projects to recommend for funding in the annual report under this paragraph, the Secretary shall ensure diversity among projects recommended based on-- ``(i) the amount of the grant requested; and ``(ii) grants for an eligible project for 1 bridge compared to an eligible project that is a bundle of projects. [[Page 135 STAT. 492]] ``(h) Eligible Project Costs.--A grant received for an eligible project under the program may be used for-- ``(1) development phase activities, including planning, feasibility analysis, revenue forecasting, environmental review, preliminary engineering and design work, and other preconstruction activities; ``(2) construction, reconstruction, rehabilitation, acquisition of real property (including land related to the project and improvements to the land), environmental mitigation, construction contingencies, acquisition of equipment, and operational improvements directly related to improving system performance; and ``(3) expenses related to the protection (as described in section 133(b)(10)) of a bridge, including seismic or scour protection. ``(i) TIFIA Program.--On the request of an eligible entity carrying out an eligible project, the Secretary may use amounts awarded to the entity to pay subsidy and administrative costs necessary to provide to the entity Federal credit assistance under chapter 6 with respect to the eligible project for which the grant was awarded. ``(j) Multiyear Grant Agreements for Large Projects.-- ``(1) In general.--A large project that receives a grant under the program in an amount of not less than $100,000,000 may be carried out through a multiyear grant agreement in accordance with this subsection. ``(2) Requirements.--A multiyear grant agreement for a large project described in paragraph (1) shall-- ``(A) establish the terms of participation by the Federal Government in the project; ``(B) establish the maximum amount of Federal financial assistance for the project in accordance with paragraphs (3) and (4) of subsection (c); ``(C) <<NOTE: Schedule. Deadline.>> establish a payout schedule for the project that provides for disbursement of the full grant amount by not later than 4 fiscal years after the fiscal year in which the initial amount is provided; ``(D) <<NOTE: Determination.>> determine the period of time for completing the project, even if that period extends beyond the period of an authorization; and ``(E) attempt to improve timely and efficient management of the project, consistent with all applicable Federal laws (including regulations). ``(3) Special financial rules.-- ``(A) In general.--A multiyear grant agreement under this subsection-- ``(i) shall obligate an amount of available budget authority specified in law; and ``(ii) may include a commitment, contingent on amounts to be specified in law in advance for commitments under this paragraph, to obligate an additional amount from future available budget authority specified in law. ``(B) Statement of contingent commitment.--The agreement shall state that the contingent commitment is not an obligation of the Federal Government. ``(C) Interest and other financing costs.-- [[Page 135 STAT. 493]] ``(i) In general.--Interest and other financing costs of carrying out a part of the project within a reasonable time shall be considered a cost of carrying out the project under a multiyear grant agreement, except that eligible costs may not be more than the cost of the most favorable financing terms reasonably available for the project at the time of borrowing. ``(ii) Certification.--The applicant shall certify to the Secretary that the applicant has shown reasonable diligence in seeking the most favorable financing terms. ``(4) Advance payment.--Notwithstanding any other provision of law, an eligible entity carrying out a large project under a multiyear grant agreement-- ``(A) may use funds made available to the eligible entity under this title for eligible project costs of the large project until the amount specified in the multiyear grant agreement for the project for that fiscal year becomes available for obligation; and ``(B) <<NOTE: Reimbursement.>> if the eligible entity uses funds as described in subparagraph (A), the funds used shall be reimbursed from the amount made available under the multiyear grant agreement for the project. ``(k) Undertaking Parts of Projects in Advance Under Letters of No Prejudice.-- ``(1) In general.--The Secretary may pay to an applicant all eligible project costs under the program, including costs for an activity for an eligible project incurred prior to the date on which the project receives funding under the program if-- ``(A) <<NOTE: Advance approval.>> before the applicant carries out the activity, the Secretary approves through a letter to the applicant the activity in the same manner as the Secretary approves other activities as eligible under the program; ``(B) <<NOTE: Records.>> a record of decision, a finding of no significant impact, or a categorical exclusion under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) has been issued for the eligible project; and ``(C) the activity is carried out without Federal assistance and in accordance with all applicable procedures and requirements. ``(2) Interest and other financing costs.-- ``(A) In general.--For purposes of paragraph (1), the cost of carrying out an activity for an eligible project includes the amount of interest and other financing costs, including any interest earned and payable on bonds, to the extent interest and other financing costs are expended in carrying out the activity for the eligible project, except that interest and other financing costs may not be more than the cost of the most favorable financing terms reasonably available for the eligible project at the time of borrowing. ``(B) Certification.--The applicant shall certify to the Secretary that the applicant has shown reasonable diligence in seeking the most favorable financing terms under subparagraph (A). [[Page 135 STAT. 494]] ``(3) No obligation or influence on recommendations.--An approval by the Secretary under paragraph (1)(A) shall not-- ``(A) constitute an obligation of the Federal Government; or ``(B) alter or influence any evaluation under subsection (f)(3)(A)(i) or (g)(4) or any recommendation by the Secretary for funding under the program. ``(l) Federally-owned Bridges.-- ``(1) Divestiture consideration.--In the case of a bridge owned by a Federal land management agency for which that agency applies for a grant under the program, the agency-- ``(A) shall consider options to divest the bridge to a State or local entity after completion of the project; and ``(B) may apply jointly with the State or local entity to which the bridge may be divested. ``(2) <<NOTE: Applicability.>> Treatment.--Notwithstanding any other provision of law, section 129 shall apply to a bridge that was previously owned by a Federal land management agency and has been transferred to a non-Federal entity under paragraph (1) in the same manner as if the bridge was never federally owned. ``(m) Treatment of Projects.--Notwithstanding any other provision of law, a project assisted under this section shall be treated as a project on a Federal-aid highway under this chapter. ``(n) <<NOTE: Deadline.>> Congressional Notification.--Not later than 30 days before making a grant for an eligible project under the program, the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a written notification of the proposed grant that includes-- ``(1) <<NOTE: Evaluation.>> an evaluation and justification for the eligible project; and ``(2) the amount of the proposed grant. ``(o) Reports.-- ``(1) <<NOTE: Web posting.>> Annual report.--Not later than August 1 of each fiscal year, the Secretary shall make available on the website of the Department of Transportation an annual report that lists each eligible project for which a grant has been provided under the program during the fiscal year. ``(2) GAO assessment and report.--Not later than 3 years after the date of enactment of the Surface Transportation Reauthorization Act of 2021, the Comptroller General of the United States shall-- ``(A) conduct an assessment of the administrative establishment, solicitation, selection, and justification process with respect to the funding of grants under the program; and ``(B) submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a report that describes-- ``(i) the adequacy and fairness of the process under which each eligible project that received a grant under the program was selected; and ``(ii) the justification and criteria used for the selection of each eligible project. ``(p) Limitation.-- [[Page 135 STAT. 495]] ``(1) Large projects.--Of the amounts made available out of the Highway Trust Fund (other than the Mass Transit Account) to carry out this section for each of fiscal years 2022 through 2026, not less than 50 percent, in aggregate, shall be used for large projects. ``(2) <<NOTE: Determination.>> Unutilized amounts.--If, in fiscal year 2026, the Secretary determines that grants under the program will not allow for the requirement under paragraph (1) to be met, the Secretary shall use the unutilized amounts to make other grants under the program during that fiscal year. ``(q) Tribal Transportation Facility Bridge Set Aside.-- ``(1) In general.--Of the amounts made available from the Highway Trust Fund (other than the Mass Transit Account) for a fiscal year to carry out this section, the Secretary shall use, to carry out section 202(d)-- ``(A) $16,000,000 for fiscal year 2022; ``(B) $18,000,000 for fiscal year 2023; ``(C) $20,000,000 for fiscal year 2024; ``(D) $22,000,000 for fiscal year 2025; and ``(E) $24,000,000 for fiscal year 2026. ``(2) Treatment.--For purposes of section 201, funds made available for section 202(d) under paragraph (1) shall be considered to be part of the tribal transportation program.''. (b) Clerical Amendment.--The analysis for chapter 1 of title 23, United States Code, <<NOTE: 23 USC 101 prec.>> is amended by inserting after the item relating to section 123 the following: ``124. Bridge investment program.''. SEC. 11119. SAFE ROUTES TO SCHOOL. (a) In General.--Chapter 2 of title 23, United States Code, is amended by inserting after section 207 the following: ``Sec. 208. <<NOTE: 23 USC 208.>> Safe routes to school ``(a) Definitions.--In this section: ``(1) In the vicinity of schools.--The term `in the vicinity of schools', with respect to a school, means the approximately 2-mile area within bicycling and walking distance of the school. ``(2) Primary, middle, and high schools.--The term `primary, middle, and high schools' means schools providing education from kindergarten through 12th grade. ``(b) Establishment.--Subject to the requirements of this section, the Secretary shall establish and carry out a safe routes to school program for the benefit of children in primary, middle, and high schools. ``(c) Purposes.--The purposes of the program established under subsection (b) shall be-- ``(1) to enable and encourage children, including those with disabilities, to walk and bicycle to school; ``(2) to make bicycling and walking to school a safer and more appealing transportation alternative, thereby encouraging a healthy and active lifestyle from an early age; and ``(3) to facilitate the planning, development, and implementation of projects and activities that will improve safety and reduce traffic, fuel consumption, and air pollution in the vicinity of schools. ``(d) Apportionment of Funds.-- [[Page 135 STAT. 496]] ``(1) In general.--Subject to paragraphs (2), (3), and (4), amounts made available to carry out this section for a fiscal year shall be apportioned among the States so that each State receives the amount equal to the proportion that-- ``(A) the total student enrollment in primary, middle, and high schools in each State; bears to ``(B) the total student enrollment in primary, middle, and high schools in all States. ``(2) Minimum apportionment.--No State shall receive an apportionment under this section for a fiscal year of less than $1,000,000. ``(3) Set-aside for administrative expenses.--Before apportioning under this subsection amounts made available to carry out this section for a fiscal year, the Secretary shall set aside not more than $3,000,000 of those amounts for the administrative expenses of the Secretary in carrying out this section. ``(4) Determination of student enrollments.--Determinations under this subsection relating to student enrollments shall be made by the Secretary. ``(e) Administration of Amounts.--Amounts apportioned to a State under this section shall be administered by the State department of transportation. ``(f) Eligible Recipients.--Amounts apportioned to a State under this section shall be used by the State to provide financial assistance to State, local, Tribal, and regional agencies, including nonprofit organizations, that demonstrate an ability to meet the requirements of this section. ``(g) Eligible Projects and Activities.-- ``(1) Infrastructure-related projects.-- ``(A) In general.--Amounts apportioned to a State under this section may be used for the planning, design, and construction of infrastructure-related projects that will substantially improve the ability of students to walk and bicycle to school, including sidewalk improvements, traffic calming and speed reduction improvements, pedestrian and bicycle crossing improvements, on-street bicycle facilities, off-street bicycle and pedestrian facilities, secure bicycle parking facilities, and traffic diversion improvements in the vicinity of schools. ``(B) Location of projects.--Infrastructure-related projects under subparagraph (A) may be carried out on any public road or any bicycle or pedestrian pathway or trail in the vicinity of schools. ``(2) Noninfrastructure-related activities.-- ``(A) In general.--In addition to projects described in paragraph (1), amounts apportioned to a State under this section may be used for noninfrastructure-related activities to encourage walking and bicycling to school, including public awareness campaigns and outreach to press and community leaders, traffic education and enforcement in the vicinity of schools, student sessions on bicycle and pedestrian safety, health, and environment, and funding for training, volunteers, and managers of safe routes to school programs. ``(B) Allocation.--Not less than 10 percent and not more than 30 percent of the amount apportioned to a [[Page 135 STAT. 497]] State under this section for a fiscal year shall be used for noninfrastructure-related activities under this paragraph. ``(3) Safe routes to school coordinator.--Each State shall use a sufficient amount of the apportionment of the State for each fiscal year to fund a full-time position of coordinator of the safe routes to school program of the State. ``(h) Clearinghouse.-- ``(1) <<NOTE: Grants.>> In general.--The Secretary shall make grants to a national nonprofit organization engaged in promoting safe routes to schools-- ``(A) to operate a national safe routes to school clearinghouse; ``(B) to develop information and educational programs on safe routes to school; and ``(C) to provide technical assistance and disseminate techniques and strategies used for successful safe routes to school programs. ``(2) Funding.--The Secretary shall carry out this subsection using amounts set aside for administrative expenses under subsection (d)(3). ``(i) Treatment of Projects.--Notwithstanding any other provision of law, a project assisted under this section shall be treated as a project on a Federal-aid highway under chapter 1.''. (b) Conforming Amendments.-- (1) The analysis for chapter 2 of title 23, United States Code, <<NOTE: 23 USC 201 prec.>> is amended by inserting after the item relating to section 207 the following: ``208. Safe routes to school.''. (2) <<NOTE: Repeal.>> Section 1404 of SAFETEA-LU (23 U.S.C. 402 note; Public Law 109-59) is repealed. (3) The table of contents in section 1(b) of SAFETEA-LU (Public Law 109-59; 119 Stat. 1144) is amended by striking the item relating to section 1404. SEC. 11120. HIGHWAY USE TAX EVASION PROJECTS. Section 143(b)(2)(A) of title 23, United States Code, is amended by striking ``fiscal years 2016 through 2020'' and inserting ``fiscal years 2022 through 2026''. SEC. 11121. CONSTRUCTION OF FERRY BOATS AND FERRY TERMINAL FACILITIES. Section 147 of title 23, United States Code, is amended by striking subsection (h) and inserting the following: ``(h) Authorization of Appropriations.--There are authorized to be appropriated out of the Highway Trust Fund (other than the Mass Transit Account) to carry out this section-- ``(1) $110,000,000 for fiscal year 2022; ``(2) $112,000,000 for fiscal year 2023; ``(3) $114,000,000 for fiscal year 2024; ``(4) $116,000,000 for fiscal year 2025; and ``(5) $118,000,000 for fiscal year 2026.''. SEC. 11122. <<NOTE: 23 USC 148 note.>> VULNERABLE ROAD USER RESEARCH. (a) Definitions.--In this subsection: [[Page 135 STAT. 498]] (1) Administrator.--The term ``Administrator'' means the Secretary, acting through the Administrator of the Federal Highway Administration. (2) Vulnerable road user.--The term ``vulnerable road user'' has the meaning given the term in section 148(a) of title 23, United States Code. (b) Establishment of Research Plan.--The Administrator shall establish a research plan to prioritize research on roadway designs, the development of safety countermeasures to minimize fatalities and serious injuries to vulnerable road users, and the promotion of bicycling and walking, including research relating to-- (1) roadway safety improvements, including traffic calming techniques and vulnerable road user accommodations appropriate in a suburban arterial context; (2) the impacts of traffic speeds, and access to low-traffic stress corridors, on safety and rates of bicycling and walking; (3) <<NOTE: Evaluation.>> tools to evaluate the impact of transportation improvements on projected rates and safety of bicycling and walking; and (4) <<NOTE: Determination.>> other research areas to be determined by the Administrator. (c) Vulnerable Road User Assessments.--The Administrator shall-- (1) <<NOTE: Reviews. Determination.>> review each vulnerable road user safety assessment submitted by a State under section 148(l) of title 23, United States Code, and other relevant sources of data to determine what, if any, standard definitions and methods should be developed through guidance to enable a State to collect pedestrian injury and fatality data; and (2) in the first progress update under subsection (d)(2), provide-- (A) the results of the determination described in paragraph (1); and (B) <<NOTE: Recommenda- tions.>> the recommendations of the Secretary with respect to the collection and reporting of data on the safety of vulnerable road users. (d) <<NOTE: Deadlines.>> Submission; Publication.-- (1) Submission of plan.--Not later than 180 days after the date of enactment of this Act, the Administrator shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives the research plan described in subsection (b). (2) Progress updates.--Not later than 2 years after the date of enactment of this Act, and biannually thereafter, the Administrator shall submit to the Committees described in paragraph (1)-- (A) updates on the progress and findings of the research conducted pursuant to the plan described in subsection (b); and (B) in the first submission under this paragraph, the results and recommendations described in subsection (c)(2). [[Page 135 STAT. 499]] SEC. 11123. WILDLIFE CROSSING SAFETY. (a) Declaration of Policy.--Section 101(b)(3)(D) of title 23, United States Code, is amended, in the matter preceding clause (i), by inserting ``resilient,'' after ``efficient,''. (b) Wildlife Crossings Pilot Program.-- (1) In general.--Chapter 1 of title 23, United States Code, is amended by adding at the end the following: ``Sec. 171. <<NOTE: Grants. 23 USC 171.>> Wildlife crossings pilot program ``(a) Finding.--Congress finds that greater adoption of wildlife- vehicle collision safety countermeasures is in the public interest because-- ``(1) according to the report of the Federal Highway Administration entitled `Wildlife-Vehicle Collision Reduction Study', there are more than 1,000,000 wildlife-vehicle collisions every year; ``(2) wildlife-vehicle collisions-- ``(A) present a danger to-- ``(i) human safety; and ``(ii) wildlife survival; and ``(B) represent a persistent concern that results in tens of thousands of serious injuries and hundreds of fatalities on the roadways of the United States; and ``(3) the total annual cost associated with wildlife-vehicle collisions has been estimated to be $8,388,000,000; and ``(4) wildlife-vehicle collisions are a major threat to the survival of species, including birds, reptiles, mammals, and amphibians. ``(b) Establishment.--The Secretary shall establish a competitive wildlife crossings pilot program (referred to in this section as the `pilot program') to provide grants for projects that seek to achieve-- ``(1) a reduction in the number of wildlife-vehicle collisions; and ``(2) in carrying out the purpose described in paragraph (1), improved habitat connectivity for terrestrial and aquatic species. ``(c) Eligible Entities.--An entity eligible to apply for a grant under the pilot program is-- ``(1) a State highway agency, or an equivalent of that agency; ``(2) a metropolitan planning organization (as defined in section 134(b)); ``(3) a unit of local government; ``(4) a regional transportation authority; ``(5) a special purpose district or public authority with a transportation function, including a port authority; ``(6) an Indian tribe (as defined in section 207(m)(1)), including a Native village and a Native Corporation (as those terms are defined in section 3 of the Alaska Native Claims Settlement Act (43 U.S.C. 1602)); ``(7) a Federal land management agency; or ``(8) a group of any of the entities described in paragraphs (1) through (7). ``(d) Applications.-- [[Page 135 STAT. 500]] ``(1) In general.--To be eligible to receive a grant under the pilot program, an eligible entity shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. ``(2) <<NOTE: Consultation.>> Requirement.--If an application under paragraph (1) is submitted by an eligible entity other than an eligible entity described in paragraph (1) or (7) of subsection (c), the application shall include documentation that the State highway agency, or an equivalent of that agency, of the State in which the eligible entity is located was consulted during the development of the application. ``(3) Guidance.--To enhance consideration of current and reliable data, eligible entities may obtain guidance from an agency in the State with jurisdiction over fish and wildlife. ``(e) Considerations.--In selecting grant recipients under the pilot program, the Secretary shall take into consideration the following: ``(1) Primarily, the extent to which the proposed project of an eligible entity is likely to protect motorists and wildlife by reducing the number of wildlife-vehicle collisions and improve habitat connectivity for terrestrial and aquatic species. ``(2) Secondarily, the extent to which the proposed project of an eligible entity is likely to accomplish the following: ``(A) Leveraging Federal investment by encouraging non-Federal contributions to the project, including projects from public-private partnerships. ``(B) Supporting local economic development and improvement of visitation opportunities. ``(C) Incorporation of innovative technologies, including advanced design techniques and other strategies to enhance efficiency and effectiveness in reducing wildlife-vehicle collisions and improving habitat connectivity for terrestrial and aquatic species. ``(D) Provision of educational and outreach opportunities. ``(E) Monitoring and research to evaluate, compare effectiveness of, and identify best practices in, selected projects. ``(F) <<NOTE: Determination.>> Any other criteria relevant to reducing the number of wildlife-vehicle collisions and improving habitat connectivity for terrestrial and aquatic species, as the Secretary determines to be appropriate, subject to the condition that the implementation of the pilot program shall not be delayed in the absence of action by the Secretary to identify additional criteria under this subparagraph. ``(f) Use of Funds.-- ``(1) In general.--The Secretary shall ensure that a grant received under the pilot program is used for a project to reduce wildlife-vehicle collisions. ``(2) Grant administration.-- ``(A) In general.--A grant received under the pilot program shall be administered by-- ``(i) in the case of a grant to a Federal land management agency or an Indian tribe (as defined in section 207(m)(1), including a Native village and a Native Corporation (as those terms are defined in section 3 of the Alaska Native Claims Settlement Act (43 U.S.C. [[Page 135 STAT. 501]] 1602))), the Federal Highway Administration, through an agreement; and ``(ii) in the case of a grant to an eligible entity other than an eligible entity described in clause (i), the State highway agency, or an equivalent of that agency, for the State in which the project is to be carried out. ``(B) Partnerships.-- ``(i) In general.--A grant received under the pilot program may be used to provide funds to eligible partners of the project for which the grant was received described in clause (ii), in accordance with the terms of the project agreement. ``(ii) Eligible partners described.--The eligible partners referred to in clause (i) include-- ``(I) a metropolitan planning organization (as defined in section 134(b)); ``(II) a unit of local government; ``(III) a regional transportation authority; ``(IV) a special purpose district or public authority with a transportation function, including a port authority; ``(V) an Indian tribe (as defined in section 207(m)(1)), including a Native village and a Native Corporation (as those terms are defined in section 3 of the Alaska Native Claims Settlement Act (43 U.S.C. 1602)); ``(VI) a Federal land management agency; ``(VII) a foundation, nongovernmental organization, or institution of higher education; ``(VIII) a Federal, Tribal, regional, or State government entity; and ``(IX) a group of any of the entities described in subclauses (I) through (VIII). ``(3) Compliance.--An eligible entity that receives a grant under the pilot program and enters into a partnership described in paragraph (2) shall establish measures to verify that an eligible partner that receives funds from the grant complies with the conditions of the pilot program in using those funds. ``(g) <<NOTE: Urban and rural areas.>> Requirement.--The Secretary shall ensure that not less than 60 percent of the amounts made available for grants under the pilot program each fiscal year are for projects located in rural areas. ``(h) Annual Report to Congress.-- ``(1) <<NOTE: Public information.>> In general.--Not later than December 31 of each calendar year, the Secretary shall submit to Congress, and make publicly available, a report describing the activities under the pilot program for the fiscal year that ends during that calendar year. ``(2) Contents.--The report under paragraph (1) shall include-- ``(A) a detailed description of the activities carried out under the pilot program; ``(B) <<NOTE: Evaluation.>> an evaluation of the effectiveness of the pilot program in meeting the purposes described in subsection (b); and [[Page 135 STAT. 502]] ``(C) <<NOTE: Recommenda- tions.>> policy recommendations to improve the effectiveness of the pilot program. ``(i) Treatment of Projects.--Notwithstanding any other provision of law, a project assisted under this section shall be treated as a project on a Federal-aid highway under this chapter.''. (2) Clerical amendment.--The analysis for chapter 1 of title 23, United States Code, <<NOTE: 23 USC 101 prec.>> is amended by inserting after the item relating to section 170 the following: ``171. Wildlife crossings pilot program.''. (c) Wildlife Vehicle Collision Reduction and Habitat Connectivity Improvement.-- (1) In general.--Chapter 1 of title 23, United States Code (as amended by subsection (b)(1)), is amended by adding at the end the following: ``Sec. 172. <<NOTE: 23 USC 172.>> Wildlife-vehicle collision reduction and habitat connectivity improvement ``(a) Study.-- ``(1) In general.--The Secretary shall conduct a study (referred to in this subsection as the `study') of the state, as of the date of the study, of the practice of methods to reduce collisions between motorists and wildlife (referred to in this section as `wildlife-vehicle collisions'). ``(2) Contents.-- ``(A) Areas of study.--The study shall-- ``(i) <<NOTE: Update.>> update and expand on, as appropriate-- ``(I) the report entitled `Wildlife Vehicle Collision Reduction Study: 2008 Report to Congress'; and ``(II) the document entitled `Wildlife Vehicle Collision Reduction Study: Best Practices Manual' and dated October 2008; and ``(ii) include-- ``(I) <<NOTE: Assessments.>> an assessment, as of the date of the study, of-- ``(aa) the causes of wildlife-vehicle collisions; ``(bb) the impact of wildlife-vehicle collisions on motorists and wildlife; and ``(cc) the impacts of roads and traffic on habitat connectivity for terrestrial and aquatic species; and ``(II) solutions and best practices for-- ``(aa) reducing wildlife- vehicle collisions; and ``(bb) improving habitat connectivity for terrestrial and aquatic species. ``(B) Methods.--In carrying out the study, the Secretary shall-- ``(i) <<NOTE: Review.>> conduct a thorough review of research and data relating to-- ``(I) wildlife-vehicle collisions; and ``(II) habitat fragmentation that results from transportation infrastructure; ``(ii) <<NOTE: Survey.>> survey current practices of the Department of Transportation and State departments of transportation to reduce wildlife-vehicle collisions; and [[Page 135 STAT. 503]] ``(iii) <<NOTE: Consultation.>> consult with-- ``(I) appropriate experts in the field of wildlife-vehicle collisions; and ``(II) appropriate experts on the effects of roads and traffic on habitat connectivity for terrestrial and aquatic species. ``(3) Report.-- ``(A) In general.--Not later than 18 months after the date of enactment of the Surface Transportation Reauthorization Act of 2021, the Secretary shall submit to Congress a report on the results of the study. ``(B) Contents.--The report under subparagraph (A) shall include-- ``(i) a description of-- ``(I) the causes of wildlife-vehicle collisions; ``(II) the impacts of wildlife- vehicle collisions; and ``(III) the impacts of roads and traffic on-- ``(aa) species listed as threatened species or endangered species under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.); ``(bb) species identified by States as species of greatest conservation need; ``(cc) species identified in State wildlife plans; and ``(dd) medium and small terrestrial and aquatic species; ``(ii) <<NOTE: Evaluation.>> an economic evaluation of the costs and benefits of installing highway infrastructure and other measures to mitigate damage to terrestrial and aquatic species, including the effect on jobs, property values, and economic growth to society, adjacent communities, and landowners; ``(iii) <<NOTE: Recommenda- tions.>> recommendations for preventing wildlife-vehicle collisions, including recommended best practices, funding resources, or other recommendations for addressing wildlife-vehicle collisions; and ``(iv) <<NOTE: Consultation.>> guidance, developed in consultation with Federal land management agencies and State departments of transportation, State fish and wildlife agencies, and Tribal governments that agree to participate, for developing, for each State that agrees to participate, a voluntary joint statewide transportation and wildlife action plan-- ``(I) to address wildlife-vehicle collisions; and ``(II) to improve habitat connectivity for terrestrial and aquatic species. ``(b) Workforce Development and Technical Training.-- ``(1) <<NOTE: Deadline.>> In general.--Not later than 3 years after the date of enactment of the Surface Transportation Reauthorization Act of 2021, the Secretary shall, based on the study conducted under subsection (a), develop a series of in- person and online workforce development and technical training courses-- ``(A) to reduce wildlife-vehicle collisions; and ``(B) to improve habitat connectivity for terrestrial and aquatic species. ``(2) Availability.--The Secretary shall-- [[Page 135 STAT. 504]] ``(A) make the series of courses developed under paragraph (1) available for transportation and fish and wildlife professionals; and ``(B) <<NOTE: Updates.>> update the series of courses not less frequently than once every 2 years. ``(c) Standardization of Wildlife Collision and Carcass Data.-- ``(1) Standardized methodology.-- ``(A) In general.--The Secretary, acting through the Administrator of the Federal Highway Administration (referred to in this subsection as the `Secretary'), shall develop a quality standardized methodology for collecting and reporting spatially accurate wildlife collision and carcass data for the National Highway System, considering the practicability of the methodology with respect to technology and cost. ``(B) Methodology.--In developing the standardized methodology under subparagraph (A), the Secretary shall-- ``(i) <<NOTE: Survey.>> survey existing methodologies and sources of data collection, including the Fatality Analysis Reporting System, the General Estimates System of the National Automotive Sampling System, and the Highway Safety Information System; and ``(ii) to the extent practicable, identify and correct limitations of those existing methodologies and sources of data collection. ``(C) Consultation.--In developing the standardized methodology under subparagraph (A), the Secretary shall consult with-- ``(i) the Secretary of the Interior; ``(ii) the Secretary of Agriculture, acting through the Chief of the Forest Service; ``(iii) Tribal, State, and local transportation and wildlife authorities; ``(iv) metropolitan planning organizations (as defined in section 134(b)); ``(v) members of the American Association of State Highway Transportation Officials; ``(vi) members of the Association of Fish and Wildlife Agencies; ``(vii) experts in the field of wildlife- vehicle collisions; ``(viii) nongovernmental organizations; and ``(ix) other interested stakeholders, as appropriate. ``(2) Standardized national data system with voluntary template implementation.--The Secretary shall-- ``(A) develop a template for State implementation of a standardized national wildlife collision and carcass data system for the National Highway System that is based on the standardized methodology developed under paragraph (1); and ``(B) encourage the voluntary implementation of the template developed under subparagraph (A). ``(3) Reports.-- ``(A) Methodology.--The Secretary shall submit to Congress a report describing the standardized methodology [[Page 135 STAT. 505]] developed under paragraph (1) not later than the later of-- ``(i) the date that is 18 months after the date of enactment of the Surface Transportation Reauthorization Act of 2021; and ``(ii) the date that is 180 days after the date on which the Secretary completes the development of the standardized methodology. ``(B) Implementation.--Not later than 4 years after the date of enactment of the Surface Transportation Reauthorization Act of 2021, the Secretary shall submit to Congress a report describing-- ``(i) the status of the voluntary implementation of the standardized methodology developed under paragraph (1) and the template developed under paragraph (2)(A); ``(ii) whether the implementation of the standardized methodology developed under paragraph (1) and the template developed under paragraph (2)(A) has impacted efforts by States, units of local government, and other entities-- ``(I) to reduce the number of wildlife-vehicle collisions; and ``(II) to improve habitat connectivity; ``(iii) the degree of the impact described in clause (ii); and ``(iv) <<NOTE: Recommenda- tions.>> the recommendations of the Secretary, including recommendations for further study aimed at reducing motorist collisions involving wildlife and improving habitat connectivity for terrestrial and aquatic species on the National Highway System, if any. ``(d) National Threshold Guidance.--The Secretary shall-- ``(1) <<NOTE: Determination.>> establish guidance, to be carried out by States on a voluntary basis, that contains a threshold for determining whether a highway shall be evaluated for potential mitigation measures to reduce wildlife-vehicle collisions and increase habitat connectivity for terrestrial and aquatic species, taking into consideration-- ``(A) the number of wildlife-vehicle collisions on the highway that pose a human safety risk; ``(B) highway-related mortality and the effects of traffic on the highway on-- ``(i) species listed as endangered species or threatened species under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.); ``(ii) species identified by a State as species of greatest conservation need; ``(iii) species identified in State wildlife plans; and ``(iv) medium and small terrestrial and aquatic species; and ``(C) habitat connectivity values for terrestrial and aquatic species and the barrier effect of the highway on the movements and migrations of those species.''. (2) Clerical amendment.--The analysis for chapter 1 of title 23, United States Code <<NOTE: 23 USC 101 prec.>> (as amended by subsection (b)(2)) [[Page 135 STAT. 506]] is amended by inserting after the item relating to section 171 the following: ``172. Wildlife-vehicle collision reduction and habitat connectivity improvement.''. (d) Wildlife Crossings Standards.--Section 109(c)(2) of title 23, United States Code, is amended-- (1) in subparagraph (E), by striking ``and'' at the end; (2) by redesignating subparagraph (F) as subparagraph (G); and (3) by inserting after subparagraph (E) the following: ``(F) the publication of the Federal Highway Administration entitled `Wildlife Crossing Structure Handbook: Design and Evaluation in North America' and dated March 2011; and''. (e) Wildlife Habitat Connectivity and National Bridge and Tunnel Inventory and Inspection Standards.--Section 144 of title 23, United States Code, is amended-- (1) in subsection (a)(2)-- (A) in subparagraph (B), by inserting ``, resilience,'' after ``safety''; (B) in subparagraph (D), by striking ``and'' at the end; (C) in subparagraph (E), by striking the period at the end and inserting ``; and''; and (D) by adding at the end the following: ``(F) to ensure adequate passage of aquatic and terrestrial species, where appropriate.''; (2) in subsection (b)-- (A) in paragraph (4), by striking ``and'' at the end; (B) in paragraph (5), by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following: ``(6) determine if the replacement or rehabilitation of bridges and tunnels should include measures to enable safe and unimpeded movement for terrestrial and aquatic species.''; and (3) in subsection (i), by adding at the end the following: ``(3) Requirement.--The first revision under paragraph (2) after the date of enactment of the Surface Transportation Reauthorization Act of 2021 shall include techniques to assess passage of aquatic and terrestrial species and habitat restoration potential.''. SEC. 11124. CONSOLIDATION OF PROGRAMS. Section 1519(a) of MAP-21 (Public Law 112-141; 126 Stat. 574; 129 Stat. 1423) is amended, in the matter preceding paragraph (1), by striking ``fiscal years 2016 through 2020'' and inserting ``fiscal years 2022 through 2026''. SEC. 11125. GAO REPORT. (a) <<NOTE: Repeal.>> In General.--Section 1433 of the FAST Act (23 U.S.C. 101 note; Public Law 114-94) is repealed. (b) Clerical Amendment.--The table of contents in section 1(b) of the FAST Act (Public Law 114-94; 129 Stat. 1312) is amended by striking the item relating to section 1433. SEC. 11126. TERRITORIAL AND PUERTO RICO HIGHWAY PROGRAM. Section 165 of title 23, United States Code, is amended-- [[Page 135 STAT. 507]] (1) in subsection (a), by striking paragraphs (1) and (2) and inserting the following: ``(1) for the Puerto Rico highway program under subsection (b)-- ``(A) $173,010,000 shall be for fiscal year 2022; ``(B) $176,960,000 shall be for fiscal year 2023; ``(C) $180,120,000 shall be for fiscal year 2024; ``(D) $183,675,000 shall be for fiscal year 2025; and ``(E) $187,230,000 shall be for fiscal year 2026; and ``(2) for the territorial highway program under subsection (c)-- ``(A) $45,990,000 shall be for fiscal year 2022; ``(B) $47,040,000 shall be for fiscal year 2023; ``(C) $47,880,000 shall be for fiscal year 2024; ``(D) $48,825,000 shall be for fiscal year 2025; and ``(E) $49,770,000 shall be for fiscal year 2026.''; (2) in subsection (b)(2)(C)(iii), by inserting ``and preventative maintenance on the National Highway System'' after ``chapter 1''; and (3) in subsection (c)(7), by striking ``paragraphs (1) through (4) of section 133(c) and section 133(b)(12)'' and inserting ``paragraphs (1), (2), (3), and (5) of section 133(c) and section 133(b)(13)''. SEC. 11127. NATIONALLY SIGNIFICANT FEDERAL LANDS AND TRIBAL PROJECTS PROGRAM. Section 1123 of the FAST Act (23 U.S.C. 201 note; Public Law 114-94) is amended-- (1) in subsection (c)(3), by striking ``$25,000,000'' and all that follows through the period at the end and inserting ``$12,500,000.''; (2) in subsection (g)-- (A) by striking the subsection designation and heading and all that follows through ``The Federal'' in paragraph (1) and inserting the following: ``(g) Cost Share.-- ``(1) Federal share.-- ``(A) In general.--Except as provided in subparagraph (B), the Federal''; (B) in paragraph (1), by adding at the end the following: ``(B) Tribal projects.--In the case of a project on a tribal transportation facility (as defined in section 101(a) of title 23, United States Code), the Federal share of the cost of the project shall be 100 percent.''; and (C) in paragraph (2), by striking ``other than those made available under title 23 or title 49, United States Code,''; and (3) by striking subsection (h) and inserting the following: ``(h) Use of Funds.-- ``(1) In general.--For each fiscal year, of the amounts made available to carry out this section-- ``(A) 50 percent shall be used for eligible projects on Federal lands transportation facilities and Federal lands access transportation facilities (as those terms are defined in section 101(a) of title 23, United States Code); and [[Page 135 STAT. 508]] ``(B) 50 percent shall be used for eligible projects on tribal transportation facilities (as defined in section 101(a) of title 23, United States Code). ``(2) Requirement.--Not less than 1 eligible project carried out using the amount described in paragraph (1)(A) shall be in a unit of the National Park System with not less than 3,000,000 annual visitors. ``(3) Availability.--Amounts made available to carry out this section shall remain available for a period of 3 fiscal years following the fiscal year for which the amounts are appropriated.''. SEC. 11128. TRIBAL HIGH PRIORITY PROJECTS PROGRAM. Section 1123(h) of MAP-21 (23 U.S.C. 202 note; Public Law 112-141) is amended-- (1) by redesignating paragraph (2) as paragraph (3); (2) in paragraph (3) (as so redesignated), in the matter preceding subparagraph (A), by striking ``paragraph (1)'' and inserting ``paragraphs (1) and (2)''; and (3) by striking the subsection designation and heading and all that follows through the period at the end of paragraph (1) and inserting the following: ``(h) Funding.-- ``(1) Set-aside.--For each of fiscal years 2022 through 2026, of the amounts made available to carry out the tribal transportation program under section 202 of title 23, United States Code, for that fiscal year, the Secretary shall use $9,000,000 to carry out the program. ``(2) Authorization of appropriations.--In addition to amounts made available under paragraph (1), there is authorized to be appropriated $30,000,000 out of the general fund of the Treasury to carry out the program for each of fiscal years 2022 through 2026.''. SEC. 11129. STANDARDS. Section 109 of title 23, United States Code, is amended-- (1) in subsection (d)-- (A) by striking ``(d) On any'' and inserting the following: ``(d) Manual on Uniform Traffic Control Devices.-- ``(1) In general.--On any''; (B) in paragraph (1) (as so designated), by striking ``promote the safe'' and inserting ``promote the safety, inclusion, and mobility of all users''; and (C) by adding at the end the following: ``(2) <<NOTE: Deadline.>> Updates.--Not later than 18 months after the date of enactment of the Surface Transportation Reauthorization Act of 2021 and not less frequently than every 4 years thereafter, the Secretary shall update the Manual on Uniform Traffic Control Devices.''; (2) in subsection (o)-- (A) by striking ``Projects'' and inserting: ``(A) In general.--Projects''; and (B) by inserting at the end the following: ``(B) Local jurisdictions.--Notwithstanding subparagraph (A), a local jurisdiction may use a roadway design guide recognized by the Federal Highway Administration and adopted by the local jurisdiction that is different from the roadway design guide used by the State in which [[Page 135 STAT. 509]] the local jurisdiction is located for the design of projects on all roadways under the ownership of the local jurisdiction (other than a highway on the National Highway System) for which the local jurisdiction is the project sponsor, provided that the design complies with all other applicable Federal laws.''; and (3) by adding at the end the following: ``(s) Electric Vehicle Charging Stations.-- ``(1) Standards.--Electric vehicle charging infrastructure installed using funds provided under this title shall provide, at a minimum-- ``(A) non-proprietary charging connectors that meet applicable industry safety standards; and ``(B) open access to payment methods that are available to all members of the public to ensure secure, convenient, and equal access to the electric vehicle charging infrastructure that shall not be limited by membership to a particular payment provider. ``(2) Treatment of projects.--Notwithstanding any other provision of law, a project to install electric vehicle charging infrastructure using funds provided under this title shall be treated as if the project is located on a Federal-aid highway.''. SEC. 11130. PUBLIC TRANSPORTATION. (a) In General.--Section 142(a) of title 23, United States Code, is amended by adding at the end the following: ``(3) Bus corridors.--In addition to the projects described in paragraphs (1) and (2), the Secretary may approve payment from sums apportioned under paragraph (2) or (7) of section 104(b) for carrying out a capital project for the construction of a bus rapid transit corridor or dedicated bus lanes, including the construction or installation of-- ``(A) traffic signaling and prioritization systems; ``(B) redesigned intersections that are necessary for the establishment of a bus rapid transit corridor; ``(C) on-street stations; ``(D) fare collection systems; ``(E) information and wayfinding systems; and ``(F) depots.''. (b) Technical Correction.--Section 142 of title 23, United States Code, is amended by striking subsection (i). SEC. 11131. RESERVATION OF CERTAIN FUNDS. (a) Open Container Requirements.--Section 154(c)(2) of title 23, United States Code, is amended-- (1) in the paragraph heading, by striking ``2012'' and inserting ``2022''; (2) by striking subparagraph (A) and inserting the following: ``(A) Reservation of funds.-- ``(i) <<NOTE: Effective dates. Certification.>> In general.--On October 1, 2021, and each October 1 thereafter, in the case of a State described in clause (ii), the Secretary shall reserve an amount equal to 2.5 percent of the funds to be apportioned to the State on that date under each of paragraphs (1) and (2) of section 104(b) until the State certifies to the Secretary the means by which the State will [[Page 135 STAT. 510]] use those reserved funds in accordance with subparagraphs (A) and (B) of paragraph (1), and paragraph (3). ``(ii) States described.--A State referred to in clause (i) is a State-- ``(I) that has not enacted or is not enforcing an open container law described in subsection (b); and ``(II) <<NOTE: Determination.>> for which the Secretary determined for the prior fiscal year that the State had not enacted or was not enforcing an open container law described in subsection (b).''; and (3) in subparagraph (B), in the matter preceding clause (i), by striking ``subparagraph (A)'' and inserting ``subparagraph (A)(i)''. (b) Repeat Intoxicated Driver Laws.--Section 164(b)(2) of title 23, United States Code, is amended-- (1) in the paragraph heading, by striking ``2012'' and inserting ``2022''; (2) by striking subparagraph (A) and inserting the following: ``(A) Reservation of funds.-- ``(i) <<NOTE: Effective dates. Certification.>> In general.--On October 1, 2021, and each October 1 thereafter, in the case of a State described in clause (ii), the Secretary shall reserve an amount equal to 2.5 percent of the funds to be apportioned to the State on that date under each of paragraphs (1) and (2) of section 104(b) until the State certifies to the Secretary the means by which the State will use those reserved funds in accordance with subparagraphs (A) and (B) of paragraph (1), and paragraph (3). ``(ii) States described.--A State referred to in clause (i) is a State-- ``(I) that has not enacted or is not enforcing a repeat intoxicated driver law; and ``(II) <<NOTE: Determination.>> for which the Secretary determined for the prior fiscal year that the State had not enacted or was not enforcing a repeat intoxicated driver law.''; and (3) in subparagraph (B), in the matter preceding clause (i), by striking ``subparagraph (A)'' and inserting ``subparagraph (A)(i)''. SEC. 11132. RURAL SURFACE TRANSPORTATION GRANT PROGRAM. (a) In General.--Chapter 1 of title 23, United States Code (as amended by section 11123(c)(1)), is amended by adding at the end the following: ``Sec. 173. <<NOTE: 23 USC 173.>> Rural surface transportation grant program ``(a) Definitions.--In this section: ``(1) Program.--The term `program' means the program established under subsection (b)(1). ``(2) Rural area.--The term `rural area' means an area that is outside an urbanized area with a population of over 200,000. ``(b) Establishment.-- [[Page 135 STAT. 511]] ``(1) In general.--The Secretary shall establish a rural surface transportation grant program to provide grants, on a competitive basis, to eligible entities to improve and expand the surface transportation infrastructure in rural areas. ``(2) Goals.--The goals of the program shall be-- ``(A) to increase connectivity; ``(B) to improve the safety and reliability of the movement of people and freight; and ``(C) to generate regional economic growth and improve quality of life. ``(3) Grant administration.--The Secretary may-- ``(A) <<NOTE: Review.>> retain not more than a total of 2 percent of the funds made available to carry out the program and to review applications for grants under the program; and ``(B) <<NOTE: Transfer authority.>> transfer portions of the funds retained under subparagraph (A) to the relevant Administrators to fund the award and oversight of grants provided under the program. ``(c) Eligible Entities.--The Secretary may make a grant under the program to-- ``(1) a State; ``(2) a regional transportation planning organization; ``(3) a unit of local government; ``(4) a Tribal government or a consortium of Tribal governments; and ``(5) a multijurisdictional group of entities described in paragraphs (1) through (4). ``(d) Applications.--To be eligible to receive a grant under the program, an eligible entity shall submit to the Secretary an application in such form, at such time, and containing such information as the Secretary may require. ``(e) Eligible Projects.-- ``(1) In general.--Except as provided in paragraph (2), the Secretary may make a grant under the program only for a project that is-- ``(A) a highway, bridge, or tunnel project eligible under section 119(d); ``(B) a highway, bridge, or tunnel project eligible under section 133(b); ``(C) a project eligible under section 202(a); ``(D) a highway freight project eligible under section 167(h)(5); ``(E) a highway safety improvement project, including a project to improve a high risk rural road (as those terms are defined in section 148(a)); ``(F) a project on a publicly-owned highway or bridge that provides or increases access to an agricultural, commercial, energy, or intermodal facility that supports the economy of a rural area; or ``(G) a project to develop, establish, or maintain an integrated mobility management system, a transportation demand management system, or on-demand mobility services. ``(2) Bundling of eligible projects.-- ``(A) In general.--An eligible entity may bundle 2 or more similar eligible projects under the program that are-- [[Page 135 STAT. 512]] ``(i) included as a bundled project in a statewide transportation improvement program under section 135; and ``(ii) awarded to a single contractor or consultant pursuant to a contract for engineering and design or construction between the contractor and the eligible entity. ``(B) Itemization.--Notwithstanding any other provision of law (including regulations), a bundling of eligible projects under this paragraph may be considered to be a single project, including for purposes of section 135. ``(f) Eligible Project Costs.--An eligible entity may use funds from a grant under the program for-- ``(1) development phase activities, including planning, feasibility analysis, revenue forecasting, environmental review, preliminary engineering and design work, and other preconstruction activities; and ``(2) construction, reconstruction, rehabilitation, acquisition of real property (including land related to the project and improvements to the land), environmental mitigation, construction contingencies, acquisition of equipment, and operational improvements. ``(g) <<NOTE: Determination.>> Project Requirements.--The Secretary may provide a grant under the program to an eligible project only if the Secretary determines that the project-- ``(1) will generate regional economic, mobility, or safety benefits; ``(2) will be cost effective; ``(3) will contribute to the accomplishment of 1 or more of the national goals under section 150; ``(4) is based on the results of preliminary engineering; and ``(5) <<NOTE: Deadline.>> is reasonably expected to begin construction not later than 18 months after the date of obligation of funds for the project. ``(h) Additional Considerations.--In providing grants under the program, the Secretary shall consider the extent to which an eligible project will-- ``(1) improve the state of good repair of existing highway, bridge, and tunnel facilities; ``(2) increase the capacity or connectivity of the surface transportation system and improve mobility for residents of rural areas; ``(3) address economic development and job creation challenges, including energy sector job losses in energy communities as identified in the report released in April 2021 by the interagency working group established by section 218 of Executive Order 14008 (86 Fed. Reg. 7628 (February 1, 2021)); ``(4) enhance recreational and tourism opportunities by providing access to Federal land, national parks, national forests, national recreation areas, national wildlife refuges, wilderness areas, or State parks; ``(5) contribute to geographic diversity among grant recipients; ``(6) utilize innovative project delivery approaches or incorporate transportation technologies; [[Page 135 STAT. 513]] ``(7) <<NOTE: Coordination.>> coordinate with projects to address broadband infrastructure needs; or ``(8) improve access to emergency care, essential services, healthcare providers, or drug and alcohol treatment and rehabilitation resources. ``(i) Grant Amount.--Except as provided in subsection (k)(1), a grant under the program shall be in an amount that is not less than $25,000,000. ``(j) Federal Share.-- ``(1) In general.--Except as provided in paragraph (2), the Federal share of the cost of a project carried out with a grant under the program may not exceed 80 percent. ``(2) <<NOTE: Determination.>> Federal share for certain projects.--The Federal share of the cost of an eligible project that furthers the completion of a designated segment of the Appalachian Development Highway System under section 14501 of title 40, or addresses a surface transportation infrastructure need identified for the Denali access system program under section 309 of the Denali Commission Act of 1998 (42 U.S.C. 3121 note; Public Law 105-277) shall be up to 100 percent, as determined by the State. ``(3) Use of other federal assistance.--Federal assistance other than a grant under the program may be used to satisfy the non-Federal share of the cost of a project carried out with a grant under the program. ``(k) Set Asides.-- ``(1) Small projects.--The Secretary shall use not more than 10 percent of the amounts made available for the program for each fiscal year to provide grants for eligible projects in an amount that is less than $25,000,000. ``(2) Appalachian development highway system.--The Secretary shall reserve 25 percent of the amounts made available for the program for each fiscal year for eligible projects that further the completion of designated routes of the Appalachian Development Highway System under section 14501 of title 40. ``(3) Rural roadway lane departures.--The Secretary shall reserve 15 percent of the amounts made available for the program for each fiscal year to provide grants for eligible projects located in States that have rural roadway fatalities as a result of lane departures that are greater than the average of rural roadway fatalities as a result of lane departures in the United States, based on the latest available data from the Secretary. ``(4) Excess funding.--In any fiscal year in which qualified applications for grants under this subsection do not allow for the amounts reserved under paragraphs (1), (2), or (3) to be fully utilized, the Secretary shall use the unutilized amounts to make other grants under the program. ``(l) <<NOTE: Deadlines.>> Congressional Review.-- ``(1) Notification.--Not less than 60 days before providing a grant under the program, the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives-- ``(A) <<NOTE: List. Determination.>> a list of all applications determined to be eligible for a grant by the Secretary; [[Page 135 STAT. 514]] ``(B) each application proposed to be selected for a grant, including a justification for the selection; and ``(C) <<NOTE: Proposal.>> proposed grant amounts. ``(2) Committee review.--Before the last day of the 60-day period described in paragraph (1), each Committee described in paragraph (1) shall review the list of proposed projects submitted by the Secretary. ``(3) Congressional disapproval.--The Secretary may not make a grant or any other obligation or commitment to fund a project under the program if a joint resolution is enacted disapproving funding for the project before the last day of the 60-day period described in paragraph (1). ``(m) Transparency.-- ``(1) <<NOTE: Deadline. Web posting.>> In general.--Not later than 30 days after providing a grant for a project under the program, the Secretary shall provide to all applicants, and publish on the website of the Department of Transportation, the information described in subsection (l)(1). ``(2) Briefing.--The Secretary shall provide, on the request of an eligible entity, the opportunity to receive a briefing to explain any reasons the eligible entity was not selected to receive a grant under the program. ``(n) Reports.-- ``(1) <<NOTE: Web posting.>> Annual report.--The Secretary shall make available on the website of the Department of Transportation at the end of each fiscal year an annual report that lists each project for which a grant has been provided under the program during that fiscal year. ``(2) Comptroller general.-- ``(A) Assessment.--The Comptroller General of the United States shall conduct an assessment of the administrative establishment, solicitation, selection, and justification process with respect to the awarding of grants under the program for each fiscal year. ``(B) Report.--Each fiscal year, the Comptroller General shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report that describes, for the fiscal year-- ``(i) the adequacy and fairness of the process by which each project was selected, if applicable; and ``(ii) the justification and criteria used for the selection of each project, if applicable. ``(o) Treatment of Projects.--Notwithstanding any other provision of law, a project assisted under this section shall be treated as a project on a Federal-aid highway under this chapter.''. (b) Clerical Amendment.--The analysis for chapter 1 of title 23, United States Code (as amended by section 11123(c)(2)), <<NOTE: 23 USC 101 prec.>> is amended by inserting after the item relating to section 172 the following: ``173. Rural surface transportation grant program.''. SEC. 11133. BICYCLE TRANSPORTATION AND PEDESTRIAN WALKWAYS. Section 217 of title 23, United States Code, is amended-- (1) in subsection (a)-- [[Page 135 STAT. 515]] (A) by striking ``pedestrian walkways and bicycle'' and inserting ``pedestrian walkways and bicycle and shared micromobility''; and (B) by striking ``safe bicycle use'' and inserting ``safe access for bicyclists and pedestrians''; (2) in subsection (d), by striking ``a position'' and inserting ``up to 2 positions''; (3) in subsection (e), by striking ``bicycles'' each place it appears and inserting ``pedestrians or bicyclists''; (4) in subsection (f), by striking ``and a bicycle'' and inserting ``or a bicycle or shared micromobility''; and (5) in subsection (j), by striking paragraph (2) and inserting the following: ``(2) Electric bicycle.-- ``(A) <<NOTE: Definition.>> In general.--The term `electric bicycle' means a bicycle-- ``(i) equipped with fully operable pedals, a saddle or seat for the rider, and an electric motor of less than 750 watts; ``(ii) that can safely share a bicycle transportation facility with other users of such facility; and ``(iii) that is a class 1 electric bicycle, class 2 electric bicycle, or class 3 electric bicycle. ``(B) Classes of electric bicycles.-- ``(i) Class 1 electric bicycle.--For purposes of subparagraph (A)(iii), the term `class 1 electric bicycle' means an electric bicycle, other than a class 3 electric bicycle, equipped with a motor that-- ``(I) provides assistance only when the rider is pedaling; and ``(II) ceases to provide assistance when the speed of the bicycle reaches or exceeds 20 miles per hour. ``(ii) Class 2 electric bicycle.--For purposes of subparagraph (A)(iii), the term `class 2 electric bicycle' means an electric bicycle equipped with a motor that-- ``(I) may be used exclusively to propel the bicycle; and ``(II) is not capable of providing assistance when the speed of the bicycle reaches or exceeds 20 miles per hour. ``(iii) Class 3 electric bicycle.--For purposes of subparagraph (A)(iii), the term `class 3 electric bicycle' means an electric bicycle equipped with a motor that-- ``(I) provides assistance only when the rider is pedaling; and ``(II) ceases to provide assistance when the speed of the bicycle reaches or exceeds 28 miles per hour.''. SEC. 11134. RECREATIONAL TRAILS PROGRAM. Section 206 of title 23, United States Code, is amended by adding at the end the following: ``(j) Use of Other Apportioned Funds.--Funds apportioned to a State under section 104(b) that are obligated for a recreational trail or a related project shall be administered as if the funds were made available to carry out this section.''. [[Page 135 STAT. 516]] SEC. 11135. <<NOTE: 23 USC 109 note.>> UPDATES TO MANUAL ON UNIFORM TRAFFIC CONTROL DEVICES. In carrying out the first update to the Manual on Uniform Traffic Control Devices under section 109(d)(2) of title 23, United States Code, to the greatest extent practicable, the Secretary shall include updates necessary to provide for-- (1) the protection of vulnerable road users (as defined in section 148(a) of title 23, United States Code); (2) supporting the safe testing of automated vehicle technology and any preparation necessary for the safe integration of automated vehicles onto public streets; (3) appropriate use of variable message signs to enhance public safety; (4) the minimum retroreflectivity of traffic control devices and pavement markings; and (5) any additional recommendations made by the National Committee on Uniform Traffic Control Devices that have not been incorporated into the Manual on Uniform Traffic Control Devices. Subtitle B--Planning and Performance Management SEC. 11201. TRANSPORTATION PLANNING. (a) Metropolitan Transportation Planning.--Section 134 of title 23, United States Code, is amended-- (1) in subsection (d)-- (A) in paragraph (3), by adding at the end the following: ``(D) Considerations.--In designating officials or representatives under paragraph (2) for the first time, subject to the bylaws or enabling statute of the metropolitan planning organization, the metropolitan planning organization shall consider the equitable and proportional representation of the population of the metropolitan planning area.''; and (B) in paragraph (7)-- (i) by striking ``an existing metropolitan planning area'' and inserting ``an existing urbanized area (as defined by the Bureau of the Census)''; and (ii) by striking ``the existing metropolitan planning area'' and inserting ``the area''; (2) in subsection (g)-- (A) in paragraph (1), by striking ``a metropolitan area'' and inserting ``an urbanized area (as defined by the Bureau of the Census)''; and (B) by adding at the end the following: ``(4) Coordination between MPOs.--If more than 1 metropolitan planning organization is designated within an urbanized area (as defined by the Bureau of the Census) under subsection (d)(7), the metropolitan planning organizations designated within the area shall ensure, to the maximum extent practicable, the consistency of any data used in the planning process, including information used in forecasting travel demand. [[Page 135 STAT. 517]] ``(5) Savings clause.--Nothing in this subsection requires metropolitan planning organizations designated within a single urbanized area to jointly develop planning documents, including a unified long-range transportation plan or unified TIP.''; (3) in subsection (i)(6), by adding at the end the following: ``(D) Use of technology.--A metropolitan planning organization may use social media and other web-based tools-- ``(i) to further encourage public participation; and ``(ii) to solicit public feedback during the transportation planning process.''; and (4) in subsection (p), by striking ``paragraphs (5)(D) and (6) of section 104(b) of this title'' and inserting ``section 104(b)(6)''. (b) Statewide and Nonmetropolitan Transportation Planning.--Section 135(f)(3) of title 23, United States Code, is amended by adding at the end the following: ``(C) Use of technology.--A State may use social media and other web-based tools-- ``(i) to further encourage public participation; and ``(ii) to solicit public feedback during the transportation planning process.''. (c) Conforming Amendment.--Section 135(i) of title 23, United States Code, is amended by striking ``paragraphs (5)(D) and (6) of section 104(b) of this title'' and inserting ``section 104(b)(6)''. (d) Housing Coordination.--Section 134 of title 23, United States Code, is amended-- (1) in subsection (a)(1), by inserting ``better connect housing and employment,'' after ``urbanized areas''; (2) in subsection (g)(3)(A), by inserting ``housing,'' after ``economic development,''; (3) in subsection (h)(1)(E), by inserting ``, housing,'' after ``growth''; (4) in subsection (i)-- (A) in paragraph (4)(B)-- (i) by redesignating clauses (iii) through (vi) as clauses (iv) through (vii), respectively; and (ii) by inserting after clause (ii) the following: ``(iii) assumed distribution of population and housing;''; and (B) in paragraph (6)(A), by inserting ``affordable housing organizations,'' after ``disabled,''; and (5) in subsection (k)-- (A) by redesignating paragraphs (4) and (5) as paragraphs (5) and (6), respectively; and (B) by inserting after paragraph (3) the following: ``(4) Housing coordination process.-- ``(A) In general.--Within a metropolitan planning area serving a transportation management area, the transportation planning process under this section may address the integration of housing, transportation, and economic development strategies through a process that provides for effective integration, based on a cooperatively developed and implemented strategy, of new and existing transportation facilities eligible for funding under this title and chapter 53 of title 49. [[Page 135 STAT. 518]] ``(B) Coordination in integrated planning process.-- In carrying out the process described in subparagraph (A), a metropolitan planning organization may-- ``(i) <<NOTE: Consultation.>> consult with-- ``(I) State and local entities responsible for land use, economic development, housing, management of road networks, or public transportation; and ``(II) other appropriate public or private entities; and ``(ii) coordinate, to the extent practicable, with applicable State and local entities to align the goals of the process with the goals of any comprehensive housing affordability strategies established within the metropolitan planning area pursuant to section 105 of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 12705) and plans developed under section 5A of the United States Housing Act of 1937 (42 U.S.C. 1437c-1). ``(C) Housing coordination plan.-- ``(i) In general.--A metropolitan planning organization serving a transportation management area may develop a housing coordination plan that includes projects and strategies that may be considered in the metropolitan transportation plan of the metropolitan planning organization. ``(ii) Contents.--A plan described in clause (i) may-- ``(I) develop regional goals for the integration of housing, transportation, and economic development strategies to-- ``(aa) better connect housing and employment while mitigating commuting times; ``(bb) align transportation improvements with housing needs, such as housing supply shortages, and proposed housing development; ``(cc) align planning for housing and transportation to address needs in relationship to household incomes within the metropolitan planning area; ``(dd) expand housing and economic development within the catchment areas of existing transportation facilities and public transportation services when appropriate, including higher-density development, as locally determined; ``(ee) manage effects of growth of vehicle miles traveled experienced in the metropolitan planning area related to housing development and economic development; ``(ff) increase share of households with sufficient and affordable access to the transportation networks of the metropolitan planning area; ``(II) identify the location of existing and planned housing and employment, and transportation options that connect housing and employment; and [[Page 135 STAT. 519]] ``(III) include a comparison of transportation plans to land use management plans, including zoning plans, that may affect road use, public transportation ridership, and housing development.''. SEC. 11202. <<NOTE: Deadline. Time period. 23 USC 134 note.>> FISCAL CONSTRAINT ON LONG-RANGE TRANSPORTATION PLANS. Not later than 1 year after the date of enactment of this Act, the Secretary shall amend section 450.324(f)(11)(v) of title 23, Code of Federal Regulations, to ensure that the outer years of a metropolitan transportation plan are defined as ``beyond the first 4 years''. SEC. 11203. STATE HUMAN CAPITAL PLANS. (a) In General.--Chapter 1 of title 23, United States Code (as amended by section 11132(a)), is amended by adding at the end the following: ``Sec. 174. <<NOTE: 23 USC 174.>> State human capital plans ``(a) <<NOTE: Deadline.>> In General.--Not later than 18 months after the date of enactment of this section, the Secretary shall encourage each State to develop a voluntary plan, to be known as a `human capital plan', that provides for the immediate and long-term personnel and workforce needs of the State with respect to the capacity of the State to deliver transportation and public infrastructure eligible under this title. ``(b) Plan Contents.-- ``(1) In general.--A human capital plan developed by a State under subsection (a) shall, to the maximum extent practicable, take into consideration-- ``(A) significant transportation workforce trends, needs, issues, and challenges with respect to the State; ``(B) the human capital policies, strategies, and performance measures that will guide the transportation- related workforce investment decisions of the State; ``(C) coordination with educational institutions, industry, organized labor, workforce boards, and other agencies or organizations to address the human capital transportation needs of the State; ``(D) a workforce planning strategy that identifies current and future human capital needs, including the knowledge, skills, and abilities needed to recruit and retain skilled workers in the transportation industry; ``(E) a human capital management strategy that is aligned with the transportation mission, goals, and organizational objectives of the State; ``(F) an implementation system for workforce goals focused on addressing continuity of leadership and knowledge sharing across the State; ``(G) an implementation system that addresses workforce competency gaps, particularly in mission- critical occupations; ``(H) in the case of public-private partnerships or other alternative project delivery methods to carry out the transportation program of the State, a description of workforce needs-- [[Page 135 STAT. 520]] ``(i) to ensure that the transportation mission, goals, and organizational objectives of the State are fully carried out; and ``(ii) to ensure that procurement methods provide the best public value; ``(I) a system for analyzing and evaluating the performance of the State department of transportation with respect to all aspects of human capital management policies, programs, and activities; and ``(J) the manner in which the plan will improve the ability of the State to meet the national policy in support of performance management established under section 150. ``(2) Planning period.--If a State develops a human capital plan under subsection (a), the plan shall address a 5-year forecast period. ``(c) <<NOTE: Time period.>> Plan Updates.--If a State develops a human capital plan under subsection (a), the State shall update the plan not less frequently than once every 5 years. ``(d) Relationship to Long-range Plan.-- ``(1) In general.--Subject to paragraph (2), a human capital plan developed by a State under subsection (a) may be developed separately from, or incorporated into, the long-range statewide transportation plan required under section 135. ``(2) Effect of section.--Nothing in this section requires a State, or authorizes the Secretary to require a State, to incorporate a human capital plan into the long-range statewide transportation plan required under section 135. ``(e) <<NOTE: Records. Web posting.>> Public Availability.--Each State that develops a human capital plan under subsection (a) shall make a copy of the plan available to the public in a user-friendly format on the website of the State department of transportation. ``(f) Savings Provision.--Nothing in this section prevents a State from carrying out transportation workforce planning-- ``(1) not described in this section; or ``(2) not in accordance with this section.''. (b) Clerical Amendment.--The analysis for chapter 1 of title 23, United States Code (as amended by section 11132(b)), <<NOTE: 23 USC 101 prec.>> is amended by inserting after the item relating to section 173 the following: ``174. State human capital plans.''. SEC. 11204. <<NOTE: 23 USC 134 note.>> PRIORITIZATION PROCESS PILOT PROGRAM. (a) Definitions.--In this section: (1) Eligible entity.--The term ``eligible entity'' means any of the following: (A) A metropolitan planning organization that serves an area with a population of over 200,000. (B) A State. (2) Metropolitan planning organization.--The term ``metropolitan planning organization'' has the meaning given the term in section 134(b) of title 23, United States Code. (3) Prioritization process pilot program.--The term ``prioritization process pilot program'' means the pilot program established under subsection (b)(1). (b) Establishment.-- (1) In general.--The Secretary shall establish and solicit applications for a prioritization process pilot program. [[Page 135 STAT. 521]] (2) Purpose.--The purpose of the prioritization process pilot program shall be to support data-driven approaches to planning that, on completion, can be evaluated for public benefit. (c) Pilot Program Administration.-- (1) In general.--An eligible entity participating in the prioritization process pilot program shall-- (A) <<NOTE: Consultation.>> use priority objectives that are developed-- (i) in the case of an urbanized area with a population of over 200,000, by the metropolitan planning organization that serves the area, in consultation with the State; (ii) in the case of an urbanized area with a population of 200,000 or fewer, by the State in consultation with all metropolitan planning organizations in the State; and (iii) through a public process that provides an opportunity for public input; (B) <<NOTE: Assessment.>> assess and score projects and strategies on the basis of-- (i) the contribution and benefits of the project or strategy to each priority objective developed under subparagraph (A); (ii) the cost of the project or strategy relative to the contribution and benefits assessed and scored under clause (i); and (iii) public support; (C) use the scores assigned under subparagraph (B) to guide project selection in the development of the transportation plan and transportation improvement program; and (D) ensure that the public-- (i) <<NOTE: Public comment.>> has opportunities to provide public comment on projects before decisions are made on the transportation plan and the transportation improvement program; and (ii) has access to clear reasons why each project or strategy was selected or not selected. (2) Requirements.--An eligible entity that receives a grant under the prioritization process pilot program shall use the funds as described in each of the following, as applicable: (A) Metropolitan transportation planning.--In the case of a metropolitan planning organization that serves an area with a population of over 200,000, the entity shall-- (i) develop and implement a publicly accessible, transparent prioritization process for the selection of projects for inclusion on the transportation plan for the metropolitan planning area under section 134(i) of title 23, United States Code, and section 5303(i) of title 49, United States Code, which shall-- (I) <<NOTE: Criteria.>> include criteria identified by the metropolitan planning organization, which may be weighted to reflect the priority objectives developed under paragraph (1)(A), that the metropolitan planning organization has determined support-- [[Page 135 STAT. 522]] (aa) factors described in section 134(h) of title 23, United States Code, and section 5303(h) of title 49, United States Code; (bb) targets for national performance measures under section 150(b) of title 23, United States Code; (cc) applicable transportation goals in the metropolitan planning area or State set by the applicable transportation agency; and (dd) priority objectives developed under paragraph (1)(A); (II) <<NOTE: Evaluation.>> evaluate the outcomes for each proposed project on the basis of the benefits of the proposed project with respect to each of the criteria described in subclause (I) relative to the cost of the proposed project; and (III) <<NOTE: List.>> use the evaluation under subclause (II) to create a ranked list of proposed projects; and (ii) with respect to the priority list under section 134(j)(2)(A) of title 23 and section 5303(j)(2)(A) of title 49, United States Code, include projects according to the rank of the project under clause (i)(III), except as provided in subparagraph (D). (B) Statewide transportation planning.--In the case of a State, the State shall-- (i) develop and implement a publicly accessible, transparent process for the selection of projects for inclusion on the long-range statewide transportation plan under section 135(f) of title 23, United States Code, which shall-- (I) <<NOTE: Criteria.>> include criteria identified by the State, which may be weighted to reflect statewide priorities, that the State has determined support-- (aa) factors described in section 135(d) of title 23, United States Code, and section 5304(d) of title 49, United States Code; (bb) national transportation goals under section 150(b) of title 23, United States Code; (cc) applicable transportation goals in the State; and (dd) the priority objectives developed under paragraph (1)(A); (II) <<NOTE: Evaluation.>> evaluate the outcomes for each proposed project on the basis of the benefits of the proposed project with respect to each of the criteria described in subclause (I) relative to the cost of the proposed project; and (III) <<NOTE: List.>> use the evaluation under subclause (II) to create a ranked list of proposed projects; and (ii) with respect to the statewide transportation improvement program under section 135(g) of title 23, United States Code, and section 5304(g) of title 49, United States Code, include projects according to the rank of the project under clause (i)(III), except as provided in subparagraph (D). (C) Additional transportation planning.--If the eligible entity has implemented, and has in effect, the [[Page 135 STAT. 523]] requirements under subparagraph (A) or (B), as applicable, the eligible entity may use any remaining funds from a grant provided under the pilot program for any transportation planning purpose. (D) <<NOTE: Public information.>> Exceptions to priority ranking.--In the case of any project that the eligible entity chooses to include or not include in the transportation improvement program under section 134(j) of title 23, United States Code, or the statewide transportation improvement program under section 135(g) of title 23, United States Code, as applicable, in a manner that is contrary to the priority ranking for that project established under subparagraph (A)(i)(III) or (B)(i)(III), the eligible entity shall make publicly available an explanation for the decision, including-- (i) <<NOTE: Review.>> a review of public comments regarding the project; (ii) <<NOTE: Evaluation.>> an evaluation of public support for the project; (iii) <<NOTE: Assessment.>> an assessment of geographic balance of projects of the eligible entity; and (iv) the number of projects of the eligible entity in economically distressed areas. (3) Maximum amount.--The maximum amount of a grant under the prioritization process pilot program is $2,000,000. (d) Applications.--To be eligible to participate in the prioritization process pilot program, an eligible entity shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. SEC. 11205. <<NOTE: 23 USC 134 note.>> TRAVEL DEMAND DATA AND MODELING. (a) Definition of Metropolitan Planning Organization.--In this section, the term ``metropolitan planning organization'' has the meaning given the term in section 134(b) of title 23, United States Code. (b) Study.-- (1) <<NOTE: Deadline. Time period.>> In general.--Not later than 2 years after the date of enactment of this Act, and not less frequently than once every 5 years thereafter, the Secretary shall carry out a study that-- (A) gathers travel data and travel demand forecasts from a representative sample of States and metropolitan planning organizations; (B) uses the data and forecasts gathered under subparagraph (A) to compare travel demand forecasts with the observed data, including-- (i) traffic counts; (ii) travel mode share and public transit ridership; and (iii) vehicle occupancy measures; and (C) uses the information described in subparagraphs (A) and (B)-- (i) to develop best practices or guidance for States and metropolitan planning organizations to use in forecasting travel demand for future investments in transportation improvements; (ii) <<NOTE: Evaluation.>> to evaluate the impact of transportation investments, including new roadway capacity, on travel [[Page 135 STAT. 524]] behavior and travel demand, including public transportation ridership, induced highway travel, and congestion; (iii) to support more accurate travel demand forecasting by States and metropolitan planning organizations; and (iv) to enhance the capacity of States and metropolitan planning organizations-- (I) to forecast travel demand; and (II) to track observed travel behavior responses, including induced travel, to changes in transportation capacity, pricing, and land use patterns. (2) Secretarial support.--The Secretary shall seek opportunities to support the transportation planning processes under sections 134 and 135 of title 23, United States Code, through the provision of data to States and metropolitan planning organizations to improve the quality of plans, models, and forecasts described in this subsection. (3) <<NOTE: Public information.>> Evaluation tool.--The Secretary shall develop a publicly available multimodal web- based tool for the purpose of enabling States and metropolitan planning organizations to evaluate the effect of investments in highway and public transportation projects on the use and conditions of all transportation assets within the State or area served by the metropolitan planning organization, as applicable. SEC. 11206. <<NOTE: 23 USC 134 note.>> INCREASING SAFE AND ACCESSIBLE TRANSPORTATION OPTIONS. (a) Definition of Complete Streets Standards or Policies.--In this section, the term ``Complete Streets standards or policies'' means standards or policies that ensure the safe and adequate accommodation of all users of the transportation system, including pedestrians, bicyclists, public transportation users, children, older individuals, individuals with disabilities, motorists, and freight vehicles. (b) Funding Requirement.--Notwithstanding any other provision of law, each State and metropolitan planning organization shall use to carry out 1 or more activities described in subsection (c)-- (1) in the case of a State, not less than 2.5 percent of the amounts made available to the State to carry out section 505 of title 23, United States Code; and (2) in the case of a metropolitan planning organization, not less than 2.5 percent of the amounts made available to the metropolitan planning organization under section 104(d) of title 23, United States Code. (c) Activities Described.--An activity referred to in subsection (b) is an activity to increase safe and accessible options for multiple travel modes for people of all ages and abilities, which, if permissible under applicable State and local laws, may include-- (1) adoption of Complete Streets standards or policies; (2) development of a Complete Streets prioritization plan that identifies a specific list of Complete Streets projects to improve the safety, mobility, or accessibility of a street; (3) development of transportation plans-- [[Page 135 STAT. 525]] (A) to create a network of active transportation facilities, including sidewalks, bikeways, or pedestrian and bicycle trails, to connect neighborhoods with destinations such as workplaces, schools, residences, businesses, recreation areas, healthcare and child care services, or other community activity centers; (B) to integrate active transportation facilities with public transportation service or improve access to public transportation; (C) to create multiuse active transportation infrastructure facilities, including bikeways or pedestrian and bicycle trails, that make connections within or between communities; (D) to increase public transportation ridership; and (E) to improve the safety of bicyclists and pedestrians; (4) regional and megaregional planning to address travel demand and capacity constraints through alternatives to new highway capacity, including through intercity passenger rail; and (5) development of transportation plans and policies that support transit-oriented development. (d) <<NOTE: Determination.>> Federal Share.--The Federal share of the cost of an activity carried out under this section shall be 80 percent, unless the Secretary determines that the interests of the Federal-aid highway program would be best served by decreasing or eliminating the non-Federal share. (e) <<NOTE: Deadline.>> State Flexibility.--A State or metropolitan planning organization, with the approval of the Secretary, may opt out of the requirements of this section if the State or metropolitan planning organization demonstrates to the Secretary, by not later than 30 days before the Secretary apportions funds for a fiscal year under section 104, that the State or metropolitan planning organization-- (1) has Complete Streets standards and policies in place; and (2) has developed an up-to-date Complete Streets prioritization plan as described in subsection (c)(2). Subtitle C--Project Delivery and Process Improvement SEC. 11301. CODIFICATION OF ONE FEDERAL DECISION. (a) In General.--Section 139 of title 23, United States Code, is amended-- (1) in the section heading, by striking ``decisionmaking'' and inserting ``decisionmaking and One Federal Decision''; (2) in subsection (a)-- (A) by redesignating paragraphs (2) through (8) as paragraphs (4), (5), (6), (8), (9), (10), and (11), respectively; (B) <<NOTE: Definitions.>> by inserting after paragraph (1) the following: ``(2) Authorization.--The term `authorization' means any environmental license, permit, approval, finding, or other administrative decision related to the environmental review process that is required under Federal law to site, construct, or reconstruct a project. [[Page 135 STAT. 526]] ``(3) Environmental document.--The term `environmental document' includes an environmental assessment, finding of no significant impact, notice of intent, environmental impact statement, or record of decision under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).''; (C) in subparagraph (B) of paragraph (5) (as so redesignated), by striking ``process for and completion of any environmental permit'' and inserting ``process and schedule, including a timetable for and completion of any environmental permit''; and (D) by inserting after paragraph (6) (as so redesignated) the following: ``(7) <<NOTE: Definitions.>> Major project.-- ``(A) In general.--The term `major project' means a project for which-- ``(i) multiple permits, approvals, reviews, or studies are required under a Federal law other than the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); ``(ii) the project sponsor has identified the reasonable availability of funds sufficient to complete the project; ``(iii) the project is not a covered project (as defined in section 41001 of the FAST Act (42 U.S.C. 4370m)); and ``(iv)(I) <<NOTE: Determinations.>> the head of the lead agency has determined that an environmental impact statement is required; or ``(II) the head of the lead agency has determined that an environmental assessment is required, and the project sponsor requests that the project be treated as a major project. ``(B) Clarification.--In this section, the term `major project' does not have the same meaning as the term `major project' as described in section 106(h).''; (3) in subsection (b)(1)-- (A) by inserting ``, including major projects,'' after ``all projects''; and (B) by inserting ``as requested by a project sponsor and'' after ``applied,''; (4) in subsection (c)-- (A) in paragraph (6)-- (i) in subparagraph (B), by striking ``and'' at the end; (ii) in subparagraph (C), by striking the period at the end and inserting ``; and''; and (iii) by adding at the end the following: ``(D) to calculate annually the average time taken by the lead agency to complete all environmental documents for each project during the previous fiscal year.''; and (B) by adding at the end the following: ``(7) Process improvements for projects.-- ``(A) <<NOTE: Reviews.>> In general.--The Secretary shall review-- ``(i) existing practices, procedures, rules, regulations, and applicable laws to identify impediments to meeting the requirements applicable to projects under this section; and [[Page 135 STAT. 527]] ``(ii) best practices, programmatic agreements, and potential changes to internal departmental procedures that would facilitate an efficient environmental review process for projects. ``(B) Consultation.--In conducting the review under subparagraph (A), the Secretary shall consult, as appropriate, with the heads of other Federal agencies that participate in the environmental review process. ``(C) Report.--Not later than 2 years after the date of enactment of the Surface Transportation Reauthorization Act of 2021, the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report that includes-- ``(i) the results of the review under subparagraph (A); and ``(ii) <<NOTE: Analysis.>> an analysis of whether additional funding would help the Secretary meet the requirements applicable to projects under this section.''; (5) in subsection (d)-- (A) in paragraph (8)-- (i) in the paragraph heading, by striking ``NEPA'' and inserting ``environmental''; (ii) in subparagraph (A)-- (I) by inserting ``and except as provided in subparagraph (D)'' after ``paragraph (7)''; (II) by striking ``permits'' and inserting ``authorizations''; and (III) by striking ``single environment document'' and inserting ``single environmental document for each kind of environmental document''; (iii) in subparagraph (B)(i)-- (I) by striking ``an environmental document'' and inserting ``environmental documents''; and (II) by striking ``permits issued'' and inserting ``authorizations''; and (iv) by adding at the end the following: ``(D) <<NOTE: Waiver authority.>> Exceptions.--The lead agency may waive the application of subparagraph (A) with respect to a project if-- ``(i) the project sponsor requests that agencies issue separate environmental documents; ``(ii) the obligations of a cooperating agency or participating agency under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) have already been satisfied with respect to the project; or ``(iii) <<NOTE: Determination.>> the lead agency determines that reliance on a single environmental document (as described in subparagraph (A)) would not facilitate timely completion of the environmental review process for the project.''; and (B) by adding at the end the following: ``(10) Timely authorizations for major projects.-- ``(A) Deadline.--Except as provided in subparagraph (C), all authorization decisions necessary for the construction of a major project shall be completed by not later [[Page 135 STAT. 528]] than 90 days after the date of the issuance of a record of decision for the major project. ``(B) Detail.--The final environmental impact statement for a major project shall include an adequate level of detail to inform decisions necessary for the role of the participating agencies and cooperating agencies in the environmental review process. ``(C) Extension of deadline.--The head of the lead agency may extend the deadline under subparagraph (A) if-- ``(i) Federal law prohibits the lead agency or another agency from issuing an approval or permit within the period described in that subparagraph; ``(ii) the project sponsor requests that the permit or approval follow a different timeline; or ``(iii) an extension would facilitate completion of the environmental review and authorization process of the major project.''; (6) in subsection (g)(1)-- (A) in subparagraph (B)-- (i) in clause (ii)(IV), by striking ``schedule for and cost of'' and inserting ``time required by an agency to conduct an environmental review and make decisions under applicable Federal law relating to a project (including the issuance or denial of a permit or license) and the cost of''; and (ii) by adding at the end the following: ``(iii) <<NOTE: Time period.>> Major project schedule.--To the maximum extent practicable and consistent with applicable Federal law, in the case of a major project, the lead agency shall develop, in concurrence with the project sponsor, a schedule for the major project that is consistent with an agency average of not more than 2 years for the completion of the environmental review process for major projects, as measured from, as applicable-- ``(I) the date of publication of a notice of intent to prepare an environmental impact statement to the record of decision; or ``(II) <<NOTE: Determination.>> the date on which the head of the lead agency determines that an environmental assessment is required to a finding of no significant impact.''; (B) by striking subparagraph (D) and inserting the following: ``(D) Modification.-- ``(i) In general.--Except as provided in clause (ii), the lead agency may lengthen or shorten a schedule established under subparagraph (B) for good cause. ``(ii) Exceptions.-- ``(I) <<NOTE: Time period.>> Major projects.--In the case of a major project, the lead agency may lengthen a schedule under clause (i) for a cooperating Federal agency by not more than 1 year after the latest deadline established for the major project by the lead agency. ``(II) Shortened schedules.--The lead agency may not shorten a schedule under clause [[Page 135 STAT. 529]] (i) if doing so would impair the ability of a cooperating Federal agency to conduct necessary analyses or otherwise carry out relevant obligations of the Federal agency for the project.''; (C) by redesignating subparagraph (E) as subparagraph (F); and (D) by inserting after subparagraph (D) the following: ``(E) Failure to meet deadline.--If a cooperating Federal agency fails to meet a deadline established under subparagraph (D)(ii)(I)-- ``(i) <<NOTE: Reports.>> the cooperating Federal agency shall submit to the Secretary a report that describes the reasons why the deadline was not met; and ``(ii) the Secretary shall-- ``(I) <<NOTE: Records.>> transmit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a copy of the report under clause (i); and ``(II) <<NOTE: Public information. Web posting.>> make the report under clause (i) publicly available on the internet.''; (7) in subsection (n), by adding at the end the following: ``(3) Length of environmental document.-- ``(A) In general.--Notwithstanding any other provision of law and except as provided in subparagraph (B), to the maximum extent practicable, the text of the items described in paragraphs (4) through (6) of section 1502.10(a) of title 40, Code of Federal Regulations (or successor regulations), of an environmental impact statement for a project shall be 200 pages or fewer. ``(B) Exemption.--An environmental impact statement for a project may exceed 200 pages, if the lead agency establishes a new page limit for the environmental impact statement for that project.''; and (8) by adding at the end the following: ``(p) Accountability and Reporting for Major Projects.-- ``(1) In general.--The Secretary shall establish a performance accountability system to track each major project. ``(2) Requirements.--The performance accountability system under paragraph (1) shall, for each major project, track, at a minimum-- ``(A) the environmental review process for the major project, including the project schedule; ``(B) whether the lead agency, cooperating agencies, and participating agencies are meeting the schedule established for the environmental review process; and ``(C) the time taken to complete the environmental review process. ``(q) Development of Categorical Exclusions.-- ``(1) <<NOTE: Deadline. Time period.>> In general.--Not later than 60 days after the date of enactment of this subsection, and every 4 years thereafter, the Secretary shall-- ``(A) <<NOTE: Consultation.>> in consultation with the agencies described in paragraph (2), identify the categorical exclusions described in section 771.117 of title 23, Code of Federal Regulations (or successor regulations), that would accelerate delivery [[Page 135 STAT. 530]] of a project if those categorical exclusions were available to those agencies; ``(B) collect existing documentation and substantiating information on the categorical exclusions described in subparagraph (A); and ``(C) provide to each agency described in paragraph (2)-- ``(i) <<NOTE: List.>> a list of the categorical exclusions identified under subparagraph (A); and ``(ii) the documentation and substantiating information under subparagraph (B). ``(2) Agencies described.--The agencies referred to in paragraph (1) are-- ``(A) the Department of the Interior; ``(B) the Department of the Army; ``(C) the Department of Commerce; ``(D) the Department of Agriculture; ``(E) the Department of Energy; ``(F) the Department of Defense; and ``(G) any other Federal agency that has participated in an environmental review process for a project, as determined by the Secretary. ``(3) Adoption of categorical exclusions.-- ``(A) <<NOTE: Deadline. Publication. Notice. Regulations. >> In general.--Not later than 1 year after the date on which the Secretary provides a list under paragraph (1)(C), an agency described in paragraph (2) shall publish a notice of proposed rulemaking to propose any categorical exclusions from the list applicable to the agency, subject to the condition that the categorical exclusion identified under paragraph (1)(A) meets the criteria for a categorical exclusion under section 1508.1 of title 40, Code of Federal Regulations (or successor regulations). ``(B) Public comment.--In a notice of proposed rulemaking under subparagraph (A), the applicable agency may solicit comments on whether any of the proposed new categorical exclusions meet the criteria for a categorical exclusion under section 1508.1 of title 40, Code of Federal Regulations (or successor regulations).''. (b) Clerical Amendment.--The analysis for chapter 1 of title 23, United States Code, <<NOTE: 23 USC 101 prec.>> is amended by striking the item relating to section 139 and inserting the following: ``139. Efficient environmental reviews for project decisionmaking and One Federal Decision.''. SEC. 11302. <<NOTE: Time period. 23 USC 401 note.>> WORK ZONE PROCESS REVIEWS. The Secretary shall amend section 630.1008(e) of title 23, Code of Federal Regulations, to ensure that the work zone process review under that subsection is required not more frequently than once every 5 years. SEC. 11303. <<NOTE: Time period. 23 USC 401 note.>> TRANSPORTATION MANAGEMENT PLANS. (a) In General.--The Secretary shall amend section 630.1010(c) of title 23, Code of Federal Regulations, to ensure that only a project described in that subsection with a lane closure for 3 or more consecutive days shall be considered to be a significant project for purposes of that section. [[Page 135 STAT. 531]] (b) Non-Interstate Projects.--Notwithstanding any other provision of law, a State shall not be required to develop or implement a transportation management plan (as described in section 630.1012 of title 23, Code of Federal Regulations (or successor regulations)) for a highway project not on the Interstate System if the project requires not more than 3 consecutive days of lane closures. SEC. 11304. <<NOTE: 23 USC 502 note.>> INTELLIGENT TRANSPORTATION SYSTEMS. (a) In General.--The Secretary shall develop guidance for using existing flexibilities with respect to the systems engineering analysis described in part 940 of title 23, Code of Federal Regulations (or successor regulations). (b) Implementation.--The Secretary shall ensure that any guidance developed under subsection (a)-- (1) <<NOTE: Criteria.>> clearly identifies criteria for low-risk and exempt intelligent transportation systems projects, with a goal of minimizing unnecessary delay or paperwork burden; (2) is consistently implemented by the Department nationwide; and (3) is disseminated to Federal-aid recipients. (c) Savings Provision.--Nothing in this section prevents the Secretary from amending part 940 of title 23, Code of Federal Regulations (or successor regulations), to reduce State administrative burdens. SEC. 11305. ALTERNATIVE CONTRACTING METHODS. (a) Alternative Contracting Methods for Federal Land Management Agencies and Tribal Governments.--Section 201 of title 23, United States Code, is amended by adding at the end the following: ``(f) Alternative Contracting Methods.-- ``(1) In general.--Notwithstanding any other provision of law (including the Federal Acquisition Regulation), a contracting method available to a State under this title may be used by the Secretary, on behalf of-- ``(A) a Federal land management agency, in using any funds pursuant to section 203, 204, or 308; ``(B) a Federal land management agency, in using any funds pursuant to section 1535 of title 31 for any of the eligible uses described in sections 203(a)(1) and 204(a)(1) and paragraphs (1) and (2) of section 308(a); or ``(C) a Tribal government, in using funds pursuant to section 202(b)(7)(D). ``(2) Methods described.--The contracting methods referred to in paragraph (1) shall include, at a minimum-- ``(A) project bundling; ``(B) bridge bundling; ``(C) design-build contracting; ``(D) 2-phase contracting; ``(E) long-term concession agreements; and ``(F) any method tested, or that could be tested, under an experimental program relating to contracting methods carried out by the Secretary. ``(3) Effect.--Nothing in this subsection-- ``(A) affects the application of the Federal share for the project carried out with a contracting method under this subsection; or [[Page 135 STAT. 532]] ``(B) modifies the point of obligation of Federal salaries and expenses.''. (b) Cooperation With Federal and State Agencies and Foreign Countries.--Section 308(a) of title 23, United States Code, is amended by adding at the end the following: ``(4) Alternative contracting methods.-- ``(A) In general.--Notwithstanding any other provision of law (including the Federal Acquisition Regulation), in performing services under paragraph (1), the Secretary may use any contracting method available to a State under this title. ``(B) Methods described.--The contracting methods referred to in subparagraph (A) shall include, at a minimum-- ``(i) project bundling; ``(ii) bridge bundling; ``(iii) design-build contracting; ``(iv) 2-phase contracting; ``(v) long-term concession agreements; and ``(vi) any method tested, or that could be tested, under an experimental program relating to contracting methods carried out by the Secretary.''. (c) <<NOTE: 23 USC 201 note.>> Use of Alternative Contracting Methods.--In carrying out an alternative contracting method under section 201(f) or 308(a)(4) of title 23, United States Code, the Secretary shall-- (1) <<NOTE: Consultation. Procedures.>> in consultation with the applicable Federal land management agencies, establish clear procedures that are-- (A) applicable to the alternative contracting method; and (B) to the maximum extent practicable, consistent with the requirements applicable to Federal procurement transactions; (2) solicit input on the use of the alternative contracting method from the affected industry prior to using the method; and (3) <<NOTE: Analysis. Evaluation.>> analyze and prepare an evaluation of the use of the alternative contracting method. SEC. 11306. FLEXIBILITY FOR PROJECTS. Section 1420 of the FAST Act (23 U.S.C. 101 note; Public Law 114-94) is amended-- (1) <<NOTE: Determination.>> in subsection (a), by striking ``and on request by a State, the Secretary may'' in the matter preceding paragraph (1) and all that follows through the period at the end of paragraph (2) and inserting the following: ``, on request by a State, and if in the public interest (as determined by the Secretary), the Secretary shall exercise all existing flexibilities under-- ``(1) the requirements of title 23, United States Code; and ``(2) other requirements administered by the Secretary, in whole or in part.''; and (2) in subsection (b)(2)(A), by inserting ``(including regulations)'' after ``environmental law''. SEC. 11307. IMPROVED FEDERAL-STATE STEWARDSHIP AND OVERSIGHT AGREEMENTS. (a) <<NOTE: 23 USC 106 note.>> Definition of Template.--In this section, the term ``template'' means a template created by the Secretary for Federal-State stewardship and oversight agreements that-- [[Page 135 STAT. 533]] (1) includes all standard terms found in stewardship and oversight agreements, including any terms in an attachment to the agreement; (2) is developed in accordance with section 106 of title 23, United States Code, or any other applicable authority; and (3) may be developed with consideration of relevant regulations, guidance, or policies. (b) Request for Comment.-- (1) <<NOTE: Deadline. Federal Register, publication. Notice.>> In general.--Not later than 60 days after the date of enactment of this Act, the Secretary shall publish in the Federal Register the template and a notice requesting public comment on ways to improve the template. (2) Comment period.--The Secretary shall provide a period of not less than 60 days for public comment on the notice under paragraph (1). (3) Certain issues.--The notice under paragraph (1) shall allow comment on any aspect of the template and shall specifically request public comment on-- (A) whether the template should be revised to delete standard terms requiring approval by the Secretary of the policies, procedures, processes, or manuals of the States, or other State actions, if Federal law (including regulations) does not specifically require an approval; (B) opportunities to modify the template to allow adjustments to the review schedules for State practices or actions, including through risk-based approaches, program reviews, process reviews, or other means; and (C) any other matters that the Secretary determines to be appropriate. (c) Notice of Action; Updates.-- (1) <<NOTE: Deadline. Federal Register, publication.>> In general.--Not later than 1 year after the date of enactment of this Act, after considering the comments received in response to the Federal Register notice under subsection (b), the Secretary shall publish in the Federal Register a notice that-- (A) describes any proposed changes to be made, and any alternatives to such changes, to the template; (B) addresses comments in response to which changes were not made to the template; and (C) <<NOTE: Schedule. Plan.>> prescribes a schedule and a plan to execute a process for implementing the changes referred to in subparagraph (A). (2) Approval requirements.--In addressing comments under paragraph (1)(B), the Secretary shall include an explanation of the basis for retaining any requirement for approval of State policies, procedures, processes, or manuals, or other State actions, if Federal law (including regulations) does not specifically require the approval. (3) <<NOTE: Deadlines.>> Implementation.-- (A) In general.--Not later than 60 days after the date on which the notice under paragraph (1) is published, the Secretary shall make changes to the template in accordance with-- (i) the changes described in the notice under paragraph (1)(A); and [[Page 135 STAT. 534]] (ii) the schedule and plan described in the notice under paragraph (1)(C). (B) Updates.--Not later than 1 year after the date on which the revised template under subparagraph (A) is published, the Secretary shall update existing agreements with States according to the template updated under subparagraph (A). (d) Inclusion of Non-standard Terms.--Nothing in this section precludes the inclusion in a Federal-State stewardship and oversight agreement of non-standard terms to address a State-specific matter, including risk-based stewardship and Department oversight involvement in individual projects of division interest. (e) Compliance With Non-statutory Terms.-- (1) In general.--The Secretary shall not enforce or otherwise require a State to comply with approval requirements that are not required by Federal law (including regulations) in a Federal-State stewardship and oversight agreement. (2) Approval authority.--Notwithstanding any other provision of law, the Secretary shall not assert approval authority over any matter in a Federal-State stewardship and oversight agreement reserved to States. (f) Frequency of Reviews.--Section 106(g)(3) of title 23, United States Code, is amended-- (1) by striking ``annual''; (2) by striking ``The Secretary'' and inserting the following: ``(A) In general.--The Secretary''; and (3) by adding at the end the following: ``(B) <<NOTE: Determinations.>> Frequency.-- ``(i) In general.--Except as provided in clauses (ii) and (iii), the Secretary shall carry out a review under subparagraph (A) not less frequently than once every 2 years. ``(ii) Consultation with state.--The Secretary, after consultation with a State, may make a determination to carry out a review under subparagraph (A) for that State less frequently than provided under clause (i). ``(iii) Cause.--If the Secretary determines that there is a specific reason to require a review more frequently than provided under clause (i) with respect to a State, the Secretary may carry out a review more frequently than provided under that clause.''. SEC. 11308. <<NOTE: 49 USC 301 note.>> GEOMATIC DATA. (a) In General.--The Secretary shall develop guidance for the acceptance and use of information obtained from a non-Federal entity through geomatic techniques, including remote sensing and land surveying, cartography, geographic information systems, global navigation satellite systems, photogrammetry, or other remote means. (b) Considerations.--In carrying out this section, the Secretary shall ensure that acceptance or use of information described in subsection (a) meets the data quality and operational requirements of the Secretary. (c) Public Comment.--Before issuing any final guidance under subsection (a), the Secretary shall provide to the public-- (1) <<NOTE: Notice.>> notice of the proposed guidance; and [[Page 135 STAT. 535]] (2) an opportunity to comment on the proposed guidance. (d) Savings Clause.--Nothing in this section-- (1) requires the Secretary to accept or use information that the Secretary determines does not meet the guidance developed under this section; or (2) changes the current statutory or regulatory requirements of the Department. SEC. 11309. EVALUATION OF PROJECTS WITHIN AN OPERATIONAL RIGHT-OF- WAY. (a) In General.--Chapter 3 of title 23, United States Code, is amended by adding at the end the following: ``Sec. 331. <<NOTE: 23 USC 331.>> Evaluation of projects within an operational right-of-way ``(a) Definitions.-- ``(1) Eligible project or activity.-- ``(A) In general.--In this section, the term `eligible project or activity' means a project or activity within an existing operational right-of-way (as defined in section 771.117(c)(22) of title 23, Code of Federal Regulations (or successor regulations))-- ``(i)(I) eligible for assistance under this title; or ``(II) administered as if made available under this title; ``(ii) that is-- ``(I) a preventive maintenance, preservation, or highway safety improvement project (as defined in section 148(a)); or ``(II) a new turn lane that the State advises in writing to the Secretary would assist public safety; and ``(iii) that-- ``(I) is classified as a categorical exclusion under section 771.117 of title 23, Code of Federal Regulations (or successor regulations); or ``(II) if the project or activity does not receive assistance described in clause (i) would be considered a categorical exclusion if the project or activity received assistance described in clause (i). ``(B) Exclusion.--The term `eligible project or activity' does not include a project to create a new travel lane. ``(2) Preliminary evaluation.--The term `preliminary evaluation', with respect to an application described in subsection (b)(1), means an evaluation that is customary or practicable for the relevant agency to complete within a 45-day period for similar applications. ``(3) Relevant agency.--The term `relevant agency' means a Federal agency, other than the Federal Highway Administration, with responsibility for review of an application from a State for a permit, approval, or jurisdictional determination for an eligible project or activity. ``(b) Action Required.-- ``(1) <<NOTE: Deadline.>> In general.--Subject to paragraph (2), not later than 45 days after the date of receipt of an application by a State for a permit, approval, or jurisdictional determination for an [[Page 135 STAT. 536]] eligible project or activity, the head of the relevant agency shall-- ``(A) <<NOTE: Evaluation.>> make at least a preliminary evaluation of the application; and ``(B) <<NOTE: Notification.>> notify the State of the results of the preliminary evaluation under subparagraph (A). ``(2) <<NOTE: Notice.>> Extension.--The head of the relevant agency may extend the review period under paragraph (1) by not more than 30 days if the head of the relevant agency provides to the State written notice that includes an explanation of the need for the extension. ``(3) Failure to act.--If the head of the relevant agency fails to meet a deadline under paragraph (1) or (2), as applicable, the head of the relevant agency shall-- ``(A) <<NOTE: Reports.>> not later than 30 days after the date of the missed deadline, submit to the State, the Committee on Environment and Public Works of the Senate, and the Committee on Transportation and Infrastructure of the House of Representatives a report that describes why the deadline was missed; and ``(B) <<NOTE: Deadline. Public information. Web posting. Records.>> not later than 14 days after the date on which a report is submitted under subparagraph (A), make publicly available, including on the internet, a copy of that report.''. (b) Clerical Amendment.--The analysis for chapter 3 of title 23, United States Code, <<NOTE: 23 USC 301 prec.>> is amended by adding at the end the following: ``331. Evaluation of projects within an operational right-of-way.''. SEC. 11310. PRELIMINARY ENGINEERING. (a) In General.--Section 102 of title 23, United States Code, is amended-- (1) by striking subsection (b); and (2) in subsection (a), in the second sentence, by striking ``Nothing in this subsection'' and inserting the following: ``(b) Savings Provision.--Nothing in this section''. (b) Conforming Amendment.--Section 144(j) of title 23, United States Code, is amended by striking paragraph (6). SEC. 11311. EFFICIENT IMPLEMENTATION OF NEPA FOR FEDERAL LAND MANAGEMENT PROJECTS. Section 203 of title 23, United States Code, is amended by adding at the end the following: ``(e) Efficient Implementation of NEPA.-- ``(1) Definitions.--In this subsection: ``(A) Environmental document.--The term `environmental document' means an environmental impact statement, environmental assessment, categorical exclusion, or other document prepared under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). ``(B) Project.--The term `project' means a highway project, public transportation capital project, or multimodal project that-- ``(i) receives funds under this title; and ``(ii) is authorized under this section or section 204. [[Page 135 STAT. 537]] ``(C) Project sponsor.--The term `project sponsor' means the Federal land management agency that seeks or receives funds under this title for a project. ``(2) Environmental review to be completed by federal highway administration.--The Federal Highway Administration may prepare an environmental document pursuant to the implementing procedures of the Federal Highway Administration to comply with the requirements of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) if-- ``(A) requested by a project sponsor; and ``(B) all areas of analysis required by the project sponsor can be addressed. ``(3) Federal land management agencies adoption of existing environmental review documents.-- ``(A) In general.--To the maximum extent practicable, if the Federal Highway Administration prepares an environmental document pursuant to paragraph (2), that environmental document shall address all areas of analysis required by a Federal land management agency. ``(B) Independent evaluation.--Notwithstanding any other provision of law, a Federal land management agency shall not be required to conduct an independent evaluation to determine the adequacy of an environmental document prepared by the Federal Highway Administration pursuant to paragraph (2). ``(C) Use of same document.--In authorizing or implementing a project, a Federal land management agency may use an environmental document previously prepared by the Federal Highway Administration for a project addressing the same or substantially the same action to the same extent that the Federal land management agency could adopt or use a document previously prepared by another Federal agency. ``(4) Application by federal land management agencies of categorical exclusions established by federal highway administration.--In carrying out requirements under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) for a project, the project sponsor may use categorical exclusions designated under that Act in the implementing regulations of the Federal Highway Administration, subject to the conditions that-- ``(A) <<NOTE: Determination. Consultation. Applicability. >> the project sponsor makes a determination, in consultation with the Federal Highway Administration, that the categorical exclusion applies to the project; ``(B) the project satisfies the conditions for a categorical exclusion under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); and ``(C) the use of the categorical exclusion does not otherwise conflict with the implementing regulations of the project sponsor, except any list of the project sponsor that designates categorical exclusions. ``(5) Mitigation commitments.--The Secretary shall assist the Federal land management agency with all design and mitigation commitments made jointly by the Secretary and the project sponsor in any environmental document prepared by the Secretary in accordance with this subsection.''. [[Page 135 STAT. 538]] SEC. 11312. NATIONAL ENVIRONMENTAL POLICY ACT OF 1969 REPORTING PROGRAM. (a) In General.--Chapter 1 of title 23, United States Code, is amended by inserting after section 156 the following: ``Sec. 157. <<NOTE: 23 USC 157.>> National Environmental Policy Act of 1969 reporting program ``(a) Definitions.--In this section: ``(1) Categorical exclusion.--The term `categorical exclusion' has the meaning given the term in section 771.117(c) of title 23, Code of Federal Regulations (or a successor regulation). ``(2) Documented categorical exclusion.--The term `documented categorical exclusion' has the meaning given the term in section 771.117(d) of title 23, Code of Federal Regulations (or a successor regulation). ``(3) Environmental assessment.--The term `environmental assessment' has the meaning given the term in section 1508.1 of title 40, Code of Federal Regulations (or a successor regulation). ``(4) Environmental impact statement.--The term `environmental impact statement' means a detailed statement required under section 102(2)(C) of the National Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)). ``(5) Federal agency.--The term `Federal agency' includes a State that has assumed responsibility under section 327. ``(6) NEPA process.--The term `NEPA process' means the entirety of the development and documentation of the analysis required under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), including the assessment and analysis of any impacts, alternatives, and mitigation of a proposed action, and any interagency participation and public involvement required to be carried out before the Secretary undertakes a proposed action. ``(7) Proposed action.--The term `proposed action' means an action (within the meaning of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.)) under this title that the Secretary proposes to carry out. ``(8) Reporting period.--The term `reporting period' means the fiscal year prior to the fiscal year in which a report is issued under subsection (b). ``(9) Secretary.--The term `Secretary' includes the governor or head of an applicable State agency of a State that has assumed responsibility under section 327. ``(b) Report on NEPA Data.-- ``(1) In general.--The Secretary shall carry out a process to track, and annually submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report containing, the information described in paragraph (3). ``(2) Time to complete.--For purposes of paragraph (3), the NEPA process-- ``(A) for an environmental impact statement-- ``(i) <<NOTE: Federal Register, publication.>> begins on the date on which the Notice of Intent is published in the Federal Register; and [[Page 135 STAT. 539]] ``(ii) <<NOTE: Record.>> ends on the date on which the Secretary issues a record of decision, including, if necessary, a revised record of decision; and ``(B) <<NOTE: Determinations.>> for an environmental assessment-- ``(i) begins on the date on which the Secretary makes a determination to prepare an environmental assessment; and ``(ii) ends on the date on which the Secretary issues a finding of no significant impact or determines that preparation of an environmental impact statement is necessary. ``(3) Information described.--The information referred to in paragraph (1) is, with respect to the Department of Transportation-- ``(A) the number of proposed actions for which a categorical exclusion was issued during the reporting period; ``(B) the number of proposed actions for which a documented categorical exclusion was issued by the Department of Transportation during the reporting period; ``(C) the number of proposed actions pending on the date on which the report is submitted for which the issuance of a documented categorical exclusion by the Department of Transportation is pending; ``(D) the number of proposed actions for which an environmental assessment was issued by the Department of Transportation during the reporting period; ``(E) the length of time the Department of Transportation took to complete each environmental assessment described in subparagraph (D); ``(F) the number of proposed actions pending on the date on which the report is submitted for which an environmental assessment is being drafted by the Department of Transportation; ``(G) the number of proposed actions for which an environmental impact statement was completed by the Department of Transportation during the reporting period; ``(H) the length of time that the Department of Transportation took to complete each environmental impact statement described in subparagraph (G); ``(I) the number of proposed actions pending on the date on which the report is submitted for which an environmental impact statement is being drafted; and ``(J) for the proposed actions reported under subparagraphs (F) and (I), the percentage of those proposed actions for which-- ``(i) funding has been identified; and ``(ii) all other Federal, State, and local activities that are required to allow the proposed action to proceed are completed.''. (b) Clerical Amendment.--The analysis for chapter 1 of title 23, United States Code, <<NOTE: 23 USC 101 prec.>> is amended by inserting after the item relating to section 156 the following: ``157. National Environmental Policy Act of 1969 reporting program.''. SEC. 11313. SURFACE TRANSPORTATION PROJECT DELIVERY PROGRAM WRITTEN AGREEMENTS. Section 327 of title 23, United States Code, is amended-- [[Page 135 STAT. 540]] (1) in subsection (a)(2)(G), by inserting ``, including the payment of fees awarded under section 2412 of title 28'' before the period at the end; (2) in subsection (c)-- (A) by striking paragraph (5) and inserting the following: ``(5) except as provided under paragraph (7), have a term of not more than 5 years;''; (B) in paragraph (6), by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following: ``(7) <<NOTE: Time period.>> for any State that has participated in a program under this section (or under a predecessor program) for at least 10 years, have a term of 10 years.''; (3) in subsection (g)(1)-- (A) in subparagraph (B), by striking ``and'' at the end; (B) in subparagraph (C), by striking ``annual''; (C) by redesignating subparagraph (C) as subparagraph (D); and (D) by inserting after subparagraph (B) the following: ``(C) <<NOTE: Time period. Audit.>> in the case of an agreement period of greater than 5 years pursuant to subsection (c)(7), conduct an audit covering the first 5 years of the agreement period; and''; and (4) by adding at the end the following: ``(m) Agency Deemed to Be Federal Agency.--A State agency that is assigned a responsibility under an agreement under this section shall be deemed to be an agency for the purposes of section 2412 of title 28.''. SEC. 11314. <<NOTE: Time periods.>> STATE ASSUMPTION OF RESPONSIBILITY FOR CATEGORICAL EXCLUSIONS. Section 326(c)(3) of title 23, United States Code, is amended-- (1) by striking subparagraph (A) and inserting the following: ``(A) except as provided under subparagraph (C), shall have a term of not more than 3 years;''; (2) in subparagraph (B), by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following: ``(C) shall have a term of 5 years, in the case of a State that has assumed the responsibility for categorical exclusions under this section for not fewer than 10 years.''. SEC. 11315. EARLY UTILITY RELOCATION PRIOR TO TRANSPORTATION PROJECT ENVIRONMENTAL REVIEW. Section 123 of title 23, United States Code, is amended to read as follows: ``Sec. 123. Relocation of utility facilities ``(a) Definitions.--In this section: ``(1) Cost of relocation.--The term `cost of relocation' includes the entire amount paid by a utility properly attributable to the relocation of a utility facility, minus any increase in the value of the new facility and any salvage value derived from the old facility. ``(2) Early utility relocation project.--The term `early utility relocation project' means utility relocation activities [[Page 135 STAT. 541]] identified by the State for performance before completion of the environmental review process for the transportation project. ``(3) Environmental review process.--The term `environmental review process' has the meaning given the term in section 139(a). ``(4) Transportation project.--The term `transportation project' means a project. ``(5) Utility facility.--The term `utility facility' means any privately, publicly, or cooperatively owned line, facility, or system for producing, transmitting, or distributing communications, power, electricity, light, heat, gas, oil, crude products, water, steam, waste, stormwater not connected with highway drainage, or any other similar commodity, including any fire or police signal system or street lighting system, that directly or indirectly serves the public. ``(6) Utility relocation activity.--The term `utility relocation activity' means an activity necessary for the relocation of a utility facility, including preliminary and final design, surveys, real property acquisition, materials acquisition, and construction. ``(b) Reimbursement to States.-- ``(1) In general.--If a State pays for the cost of relocation of a utility facility necessitated by the construction of a transportation project, Federal funds may be used to reimburse the State for the cost of relocation in the same proportion as Federal funds are expended on the transportation project. ``(2) Limitation.--Federal funds shall not be used to reimburse a State under this section if the payment to the utility-- ``(A) violates the law of the State; or ``(B) violates a legal contract between the utility and the State. ``(3) Requirement.--A reimbursement under paragraph (1) shall be made only if the State demonstrates to the satisfaction of the Secretary that the State paid the cost of the utility relocation activity from funds of the State with respect to transportation projects for which Federal funds are obligated subsequent to April 16, 1958, for work, including utility relocation activities. ``(4) Reimbursement eligibility for early relocation prior to transportation project environmental review process.-- ``(A) In general.--In addition to the requirements under paragraphs (1) through (3), a State may carry out, at the expense of the State, an early utility relocation project for a transportation project before completion of the environmental review process for the transportation project. ``(B) Requirements for reimbursement.--Funds apportioned to a State under this title may be used to pay the costs incurred by the State for an early utility relocation project only if the State demonstrates to the Secretary, and the Secretary finds that-- ``(i) the early utility relocation project is necessary to accommodate a transportation project; [[Page 135 STAT. 542]] ``(ii) the State provides adequate documentation to the Secretary of eligible costs incurred by the State for the early utility relocation project; ``(iii) before the commencement of the utility relocation activities, an environmental review process was completed for the early utility relocation project that resulted in a finding that the early utility relocation project-- ``(I) would not result in significant adverse environmental impacts; and ``(II) <<NOTE: Compliance.>> would comply with other applicable Federal environmental requirements; ``(iv) the early utility relocation project did not influence-- ``(I) the environmental review process for the transportation project; ``(II) the decision relating to the need to construct the transportation project; or ``(III) the selection of the transportation project design or location; ``(v) <<NOTE: Compliance.>> the early utility relocation project complies with all applicable provisions of law, including regulations issued pursuant to this title; ``(vi) the early utility relocation project follows applicable financial procedures and requirements, including documentation of eligible costs and the requirements under section 109(l), but not including requirements applicable to authorization and obligation of Federal funds; ``(vii) the transportation project for which the early utility relocation project was necessitated was included in the applicable transportation improvement program under section 134 or 135; ``(viii) before the cost incurred by a State is approved for Federal participation, environmental compliance pursuant to the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) has been completed for the transportation project for which the early utility relocation project was necessitated; and ``(ix) the transportation project that necessitated the utility relocation activity is approved for construction. ``(C) Savings provision.--Nothing in this paragraph affects other eligibility requirements or authorities for Federal participation in payment of costs incurred for utility relocation activities. ``(c) Applicability of Other Provisions.--Nothing in this section affects the applicability of other requirements that would otherwise apply to an early utility relocation project, including any applicable requirements under-- ``(1) section 138; ``(2) the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C. 4601 et seq.), including regulations under part 24 of title 49, Code of Federal Regulations (or successor regulations); ``(3) title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.); or [[Page 135 STAT. 543]] ``(4) an environmental review process.''. SEC. 11316. STREAMLINING OF SECTION 4(F) REVIEWS. Section 138(a) of title 23, United States Code, is amended-- (1) in the fourth sentence, by striking ``In carrying out'' and inserting the following: ``(4) Studies.--In carrying out''; (2) in the third sentence-- (A) by striking ``such land, and (2) such program'' and inserting the following: ``the land; and ``(B) the program''; (B) by striking ``unless (1) there is'' and inserting the following: ``unless-- ``(A) there is''; and (C) by striking ``After the'' and inserting the following: ``(3) Requirement.--After the''; (3) in the second sentence-- (A) by striking ``The Secretary of Transportation'' and inserting the following: ``(2) Cooperation and consultation.-- ``(A) In general.--The Secretary''; and (B) by adding at the end the following: ``(B) Timeline for approvals.-- ``(i) In general.--The Secretary shall-- ``(I) provide an evaluation under this section to the Secretaries described in subparagraph (A); and ``(II) provide a period of 30 days for receipt of comments. ``(ii) <<NOTE: Deadline.>> Assumed acceptance.--If the Secretary does not receive comments by 15 days after the deadline under clause (i)(II), the Secretary shall assume a lack of objection and proceed with the action. ``(C) Effect.--Nothing in subparagraph (B) affects-- ``(i) the requirements under-- ``(I) subsections (b) through (f); or ``(II) the consultation process under section 306108 of title 54; or ``(ii) programmatic section 4(f) evaluations, as described in regulations issued by the Secretary.''; and (4) in the first sentence, by striking ``It is declared to be'' and inserting the following: ``(1) In general.--It is''. SEC. 11317. CATEGORICAL EXCLUSION FOR PROJECTS OF LIMITED FEDERAL ASSISTANCE. Section 1317(1) of MAP-21 (23 U.S.C. 109 note; Public Law 112-141) is amended-- (1) in subparagraph (A), by striking ``$5,000,000'' and inserting ``$6,000,000''; and (2) in subparagraph (B), by striking ``$30,000,000'' and inserting ``$35,000,000''. SEC. 11318. <<NOTE: 42 USC 15943.>> CERTAIN GATHERING LINES LOCATED ON FEDERAL LAND AND INDIAN LAND. (a) Definitions.--In this section: (1) Federal land.-- [[Page 135 STAT. 544]] (A) In general.--The term ``Federal land'' means land the title to which is held by the United States. (B) Exclusions.--The term ``Federal land'' does not include-- (i) a unit of the National Park System; (ii) a unit of the National Wildlife Refuge System; (iii) a component of the National Wilderness Preservation System; (iv) a wilderness study area within the National Forest System; or (v) Indian land. (2) Gathering line and associated field compression or pumping unit.-- (A) In general.--The term ``gathering line and associated field compression or pumping unit'' means-- (i) a pipeline that is installed to transport oil, natural gas and related constituents, or produced water from 1 or more wells drilled and completed to produce oil or gas; and (ii) if necessary, 1 or more compressors or pumps to raise the pressure of the transported oil, natural gas and related constituents, or produced water to higher pressures necessary to enable the oil, natural gas and related constituents, or produced water to flow into pipelines and other facilities. (B) Inclusions.--The term ``gathering line and associated field compression or pumping unit'' includes a pipeline or associated compression or pumping unit that is installed to transport oil or natural gas from a processing plant to a common carrier pipeline or facility. (C) Exclusions.--The term ``gathering line and associated field compression or pumping unit'' does not include a common carrier pipeline. (3) Indian land.--The term ``Indian land'' means land the title to which is held by-- (A) the United States in trust for an Indian Tribe or an individual Indian; or (B) an Indian Tribe or an individual Indian subject to a restriction by the United States against alienation. (4) Produced water.--The term ``produced water'' means water produced from an oil or gas well bore that is not a fluid prepared at, or transported to, the well site to resolve a specific oil or gas well bore or reservoir condition. (5) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (b) Certain Gathering Lines.-- (1) In general.--Subject to paragraph (2), the issuance of a sundry notice or right-of-way for a gathering line and associated field compression or pumping unit that is located on Federal land or Indian land and that services any oil or gas well may be considered by the Secretary to be an action that is categorically excluded (as defined in section 1508.1 of title 40, Code of Federal Regulations (as in effect on the date of enactment of this Act)) for purposes of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) if the gathering line and associated field compression or pumping unit-- [[Page 135 STAT. 545]] (A) are within a field or unit for which an approved land use plan or an environmental document prepared pursuant to the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) analyzed transportation of oil, natural gas, or produced water from 1 or more oil or gas wells in the field or unit as a reasonably foreseeable activity; (B) are located adjacent to or within-- (i) any existing disturbed area; or (ii) an existing corridor for a right-of-way; and (C) would reduce-- (i) in the case of a gathering line and associated field compression or pumping unit transporting methane, the total quantity of methane that would otherwise be vented, flared, or unintentionally emitted from the field or unit; or (ii) in the case of a gathering line and associated field compression or pumping unit not transporting methane, the vehicular traffic that would otherwise service the field or unit. (2) Applicability.--Paragraph (1) shall apply to Indian land, or a portion of Indian land-- (A) to which the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) applies; and (B) for which the Indian Tribe with jurisdiction over the Indian land submits to the Secretary a written request that paragraph (1) apply to that Indian land (or portion of Indian land). (c) Effect on Other Law.--Nothing in this section-- (1) affects or alters any requirement-- (A) relating to prior consent under-- (i) section 2 of the Act of February 5, 1948 (62 Stat. 18, chapter 45; 25 U.S.C. 324); or (ii) section 16(e) of the Act of June 18, 1934 (48 Stat. 987, chapter 576; 102 Stat. 2939; 114 Stat. 47; 25 U.S.C. 5123(e)) (commonly known as the ``Indian Reorganization Act''); (B) under section 306108 of title 54, United States Code; or (C) under any other Federal law (including regulations) relating to Tribal consent for rights-of- way across Indian land; or (2) makes the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) applicable to land to which that Act otherwise would not apply. SEC. 11319. <<NOTE: 49 USC 308 note.>> ANNUAL REPORT. (a) Definition of Covered Project.--In this section, the term ``covered project'' means a project or activity carried out with funds provided by the Department, including a project carried out under title 23 or 49, United States Code-- (1) that is more than 5 years behind schedule; or (2) for which the total amount spent on the project or activity is not less than $1,000,000,000 more than the original cost estimate for the project or activity. (b) Requirement.--Not later than 1 year after the date of enactment of this Act, and annually thereafter, the Secretary shall [[Page 135 STAT. 546]] submit to Congress a report on covered projects of the Department, which shall include, for each covered project-- (1) a brief description of the covered project, including-- (A) the purpose of the covered project; (B) each location in which the covered project is carried out; (C) the contract or award number of the covered project, if applicable; (D) the year in which the covered project was initiated; (E) the Federal share of the total cost of the covered project; and (F) each primary contractor, subcontractor, grant recipient, and subgrantee recipient of the covered project; (2) an explanation of any change to the original scope of the covered project, including by the addition or narrowing of the initial requirements of the covered project; (3) the original expected date for completion of the covered project; (4) the current expected date for completion of the covered project; (5) <<NOTE: Cost estimate.>> the original cost estimate for the covered project, as adjusted to reflect increases in the Consumer Price Index for All Urban Consumers, as published by the Bureau of Labor Statistics; (6) <<NOTE: Cost estimate.>> the current cost estimate for the covered project, as adjusted to reflect increases in the Consumer Price Index for All Urban Consumers, as published by the Bureau of Labor Statistics; (7) an explanation for a delay in completion or an increase in the original cost estimate for the covered project, including, where applicable, any impact of insufficient or delayed appropriations; and (8) the amount of and rationale for any award, incentive fee, or other type of bonus, if any, awarded for the covered project. Subtitle D--Climate Change SEC. 11401. GRANTS FOR CHARGING AND FUELING INFRASTRUCTURE. (a) <<NOTE: 23 USC 151 note.>> Purpose.--The purpose of this section is to establish a grant program to strategically deploy publicly accessible electric vehicle charging infrastructure, hydrogen fueling infrastructure, propane fueling infrastructure, and natural gas fueling infrastructure along designated alternative fuel corridors or in certain other locations that will be accessible to all drivers of electric vehicles, hydrogen vehicles, propane vehicles, and natural gas vehicles. (b) Grant Program.--Section 151 of title 23, United States Code, is amended-- (1) in subsection (a)-- (A) by striking ``Not later than 1 year after the date of enactment of the FAST Act, the Secretary shall'' and inserting ``The Secretary shall periodically''; and (B) by striking ``to improve the mobility'' and inserting ``to support changes in the transportation sector that help achieve a reduction in greenhouse gas emissions and improve the mobility''; [[Page 135 STAT. 547]] (2) in subsection (b)(2), by inserting ``previously designated by the Federal Highway Administration or'' before ``designated by''; (3) by striking subsection (d) and inserting the following: ``(d) <<NOTE: Updates.>> Redesignation.-- ``(1) <<NOTE: Deadline.>> Initial redesignation.--Not later than 180 days after the date of enactment of the Surface Transportation Reauthorization Act of 2021, the Secretary shall update and redesignate the corridors under subsection (a). ``(2) Subsequent redesignation.--The Secretary shall establish a recurring process to regularly update and redesignate the corridors under subsection (a).''; (4) in subsection (e)-- (A) in paragraph (1), by striking ``and'' at the end; (B) in paragraph (2)-- (i) by striking ``establishes an aspirational goal of achieving'' and inserting ``describes efforts, including through funds awarded through the grant program under subsection (f), that will aid efforts to achieve''; and (ii) by striking ``by the end of fiscal year 2020.'' and inserting ``; and''; and (C) by adding at the end the following: ``(3) <<NOTE: Consultation.>> summarizes best practices and provides guidance, developed through consultation with the Secretary of Energy, for project development of electric vehicle charging infrastructure, hydrogen fueling infrastructure, propane fueling infrastructure and natural gas fueling infrastructure at the State, Tribal, and local level to allow for the predictable deployment of that infrastructure.''; and (5) by adding at the end the following: ``(f) Grant Program.-- ``(1) Definition of private entity.--In this subsection, the term `private entity' means a corporation, partnership, company, or nonprofit organization. ``(2) <<NOTE: Deadline.>> Establishment.--Not later than 1 year after the date of enactment of the Surface Transportation Reauthorization Act of 2021, the Secretary shall establish a grant program to award grants to eligible entities to carry out the activities described in paragraph (6). ``(3) Eligible entities.--An entity eligible to receive a grant under this subsection is-- ``(A) a State or political subdivision of a State; ``(B) a metropolitan planning organization; ``(C) a unit of local government; ``(D) a special purpose district or public authority with a transportation function, including a port authority; ``(E) an Indian tribe (as defined in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304)); ``(F) a territory of the United States; ``(G) an authority, agency, or instrumentality of, or an entity owned by, 1 or more entities described in subparagraphs (A) through (F); or ``(H) a group of entities described in subparagraphs (A) through (G). [[Page 135 STAT. 548]] ``(4) Applications.--To be eligible to receive a grant under this subsection, an eligible entity shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary shall require, including-- ``(A) a description of how the eligible entity has considered-- ``(i) public accessibility of charging or fueling infrastructure proposed to be funded with a grant under this subsection, including-- ``(I) charging or fueling connector types and publicly available information on real-time availability; and ``(II) payment methods to ensure secure, convenient, fair, and equal access; ``(ii) collaborative engagement with stakeholders (including automobile manufacturers, utilities, infrastructure providers, technology providers, electric charging, hydrogen, propane, and natural gas fuel providers, metropolitan planning organizations, States, Indian tribes, and units of local governments, fleet owners, fleet managers, fuel station owners and operators, labor organizations, infrastructure construction and component parts suppliers, and multi-State and regional entities)-- ``(I) to foster enhanced, coordinated, public-private or private investment in electric vehicle charging infrastructure, hydrogen fueling infrastructure, propane fueling infrastructure, or natural gas fueling infrastructure; ``(II) to expand deployment of electric vehicle charging infrastructure, hydrogen fueling infrastructure, propane fueling infrastructure, or natural gas fueling infrastructure; ``(III) to protect personal privacy and ensure cybersecurity; and ``(IV) to ensure that a properly trained workforce is available to construct and install electric vehicle charging infrastructure, hydrogen fueling infrastructure, propane fueling infrastructure, or natural gas fueling infrastructure; ``(iii) the location of the station or fueling site, such as consideration of-- ``(I) the availability of onsite amenities for vehicle operators, such as restrooms or food facilities; ``(II) access in compliance with the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.); ``(III) height and fueling capacity requirements for facilities that charge or refuel large vehicles, such as semi- trailer trucks; and ``(IV) appropriate distribution to avoid redundancy and fill charging or fueling gaps; ``(iv) infrastructure installation that can be responsive to technology advancements, such as accommodating autonomous vehicles, vehicle-to-grid technology, and future charging methods; and [[Page 135 STAT. 549]] ``(v) the long-term operation and maintenance of the electric vehicle charging infrastructure, hydrogen fueling infrastructure, propane fueling infrastructure, or natural gas fueling infrastructure, to avoid stranded assets and protect the investment of public funds in that infrastructure; and ``(B) <<NOTE: Assessment.>> an assessment of the estimated emissions that will be reduced through the use of electric vehicle charging infrastructure, hydrogen fueling infrastructure, propane fueling infrastructure, or natural gas fueling infrastructure, which shall be conducted using the Alternative Fuel Life-Cycle Environmental and Economic Transportation (AFLEET) tool developed by Argonne National Laboratory (or a successor tool). ``(5) Considerations.--In selecting eligible entities to receive a grant under this subsection, the Secretary shall-- ``(A) consider the extent to which the application of the eligible entity would-- ``(i) improve alternative fueling corridor networks by-- ``(I) converting corridor-pending corridors to corridor-ready corridors; or ``(II) in the case of corridor-ready corridors, providing redundancy-- ``(aa) to meet excess demand for charging or fueling infrastructure; or ``(bb) to reduce congestion at existing charging or fueling infrastructure in high-traffic locations; ``(ii) meet current or anticipated market demands for charging or fueling infrastructure; ``(iii) enable or accelerate the construction of charging or fueling infrastructure that would be unlikely to be completed without Federal assistance; ``(iv) support a long-term competitive market for electric vehicle charging infrastructure, hydrogen fueling infrastructure, propane fueling infrastructure, or natural gas fueling infrastructure that does not significantly impair existing electric vehicle charging infrastructure, hydrogen fueling infrastructure, propane fueling infrastructure, or natural gas fueling infrastructure providers; ``(v) provide access to electric vehicle charging infrastructure, hydrogen fueling infrastructure, propane fueling infrastructure, or natural gas fueling infrastructure in areas with a current or forecasted need; and ``(vi) deploy electric vehicle charging infrastructure, hydrogen fueling infrastructure, propane fueling infrastructure, or natural gas fueling infrastructure for medium- and heavy-duty vehicles (including along the National Highway Freight Network established under section 167(c)) and in proximity to intermodal transfer stations; ``(B) ensure, to the maximum extent practicable, geographic diversity among grant recipients to ensure that electric vehicle charging infrastructure, hydrogen fueling [[Page 135 STAT. 550]] infrastructure, propane fueling infrastructure, or natural gas fueling infrastructure is available throughout the United States; ``(C) consider whether the private entity that the eligible entity contracts with under paragraph (6)-- ``(i) submits to the Secretary the most recent year of audited financial statements; and ``(ii) has experience in installing and operating electric vehicle charging infrastructure, hydrogen fueling infrastructure, propane fueling infrastructure, or natural gas fueling infrastructure; and ``(D) consider whether, to the maximum extent practicable, the eligible entity and the private entity that the eligible entity contracts with under paragraph (6) enter into an agreement-- ``(i) to operate and maintain publicly available electric vehicle charging infrastructure, hydrogen fueling infrastructure, propane fueling infrastructure, or natural gas infrastructure; and ``(ii) that provides a remedy and an opportunity to cure if the requirements described in clause (i) are not met. ``(6) Use of funds.-- ``(A) <<NOTE: Contracts.>> In general.--An eligible entity receiving a grant under this subsection shall only use the funds in accordance with this paragraph to contract with a private entity for acquisition and installation of publicly accessible electric vehicle charging infrastructure, hydrogen fueling infrastructure, propane fueling infrastructure, or natural gas fueling infrastructure that is directly related to the charging or fueling of a vehicle. ``(B) Location of infrastructure.--Any publicly accessible electric vehicle charging infrastructure, hydrogen fueling infrastructure, propane fueling infrastructure, or natural gas fueling infrastructure acquired and installed with a grant under this subsection shall be located along an alternative fuel corridor designated under this section, on the condition that any affected Indian tribes are consulted before the designation. ``(C) Operating assistance.-- ``(i) <<NOTE: Time period.>> In general.-- Subject to clauses (ii) and (iii), an eligible entity that receives a grant under this subsection may use a portion of the funds to provide to a private entity operating assistance for the first 5 years of operations after the installation of publicly available electric vehicle charging infrastructure, hydrogen fueling infrastructure, propane fueling infrastructure, or natural gas fueling infrastructure while the facility transitions to independent system operations. ``(ii) Inclusions.--Operating assistance under this subparagraph shall be limited to costs allocable to operating and maintaining the electric vehicle charging infrastructure, hydrogen fueling infrastructure, propane fueling infrastructure, or natural gas fueling infrastructure and service. [[Page 135 STAT. 551]] ``(iii) Limitation.--Operating assistance under this subparagraph may not exceed the amount of a contract under subparagraph (A) to acquire and install publicly accessible electric vehicle charging infrastructure, hydrogen fueling infrastructure, propane fueling infrastructure, or natural gas fueling infrastructure. ``(D) Traffic control devices.-- ``(i) In general.--Subject to this paragraph, an eligible entity that receives a grant under this subsection may use a portion of the funds to acquire and install traffic control devices located in the right-of-way to provide directional information to publicly accessible electric vehicle charging infrastructure, hydrogen fueling infrastructure, propane fueling infrastructure, or natural gas fueling infrastructure acquired, installed, or operated with the grant. ``(ii) Applicability.--Clause (i) shall apply only to an eligible entity that-- ``(I) receives a grant under this subsection; and ``(II) is using that grant for the acquisition and installation of publicly accessible electric vehicle charging infrastructure, hydrogen fueling infrastructure, propane fueling infrastructure, or natural gas fueling infrastructure. ``(iii) Limitation on amount.--The amount of funds used to acquire and install traffic control devices under clause (i) may not exceed the amount of a contract under subparagraph (A) to acquire and install publicly accessible charging or fueling infrastructure. ``(iv) No new authority created.--Nothing in this subparagraph authorizes an eligible entity that receives a grant under this subsection to acquire and install traffic control devices if the entity is not otherwise authorized to do so. ``(E) <<NOTE: Contracts.>> Revenue.-- ``(i) In general.--An eligible entity receiving a grant under this subsection and a private entity referred to in subparagraph (A) may enter into a cost-sharing agreement under which the private entity submits to the eligible entity a portion of the revenue from the electric vehicle charging infrastructure, hydrogen fueling infrastructure, propane fueling infrastructure, or natural gas fueling infrastructure. ``(ii) Uses of revenue.--An eligible entity that receives revenue from a cost-sharing agreement under clause (i) may only use that revenue for a project that is eligible under this title. ``(7) Certain fuels.--The use of grants for propane fueling infrastructure under this subsection shall be limited to infrastructure for medium- and heavy-duty vehicles. ``(8) Community grants.-- ``(A) In general.--Notwithstanding paragraphs (4), (5), and (6), the Secretary shall reserve 50 percent of the amounts made available each fiscal year to carry out this section to provide grants to eligible entities in accordance with this paragraph. [[Page 135 STAT. 552]] ``(B) Applications.--To be eligible to receive a grant under this paragraph, an eligible entity shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. ``(C) Eligible entities.--An entity eligible to receive a grant under this paragraph is-- ``(i) an entity described in paragraph (3); and ``(ii) a State or local authority with ownership of publicly accessible transportation facilities. ``(D) Eligible projects.--The Secretary may provide a grant under this paragraph for a project that is expected to reduce greenhouse gas emissions and to expand or fill gaps in access to publicly accessible electric vehicle charging infrastructure, hydrogen fueling infrastructure, propane fueling infrastructure, or natural gas fueling infrastructure, including-- ``(i) development phase activities, including planning, feasibility analysis, revenue forecasting, environmental review, preliminary engineering and design work, and other preconstruction activities; and ``(ii) the acquisition and installation of electric vehicle charging infrastructure, hydrogen fueling infrastructure, propane fueling infrastructure, or natural gas fueling infrastructure that is directly related to the charging or fueling of a vehicle, including any related construction or reconstruction and the acquisition of real property directly related to the project, such as locations described in subparagraph (E), to expand access to electric vehicle charging infrastructure, hydrogen fueling infrastructure, propane fueling infrastructure, or natural gas fueling infrastructure. ``(E) Project locations.--A project receiving a grant under this paragraph may be located on any public road or in other publicly accessible locations, such as parking facilities at public buildings, public schools, and public parks, or in publicly accessible parking facilities owned or managed by a private entity. ``(F) Priority.--In providing grants under this paragraph, the Secretary shall give priority to projects that expand access to electric vehicle charging infrastructure, hydrogen fueling infrastructure, propane fueling infrastructure, or natural gas fueling infrastructure within-- ``(i) rural areas; ``(ii) low- and moderate-income neighborhoods; and ``(iii) <<NOTE: Determination.>> communities with a low ratio of private parking spaces to households or a high ratio of multiunit dwellings to single family homes, as determined by the Secretary. ``(G) Additional considerations.--In providing grants under this paragraph, the Secretary shall consider the extent to which the project-- ``(i) contributes to geographic diversity among eligible entities, including achieving a balance between urban and rural communities; and ``(ii) meets current or anticipated market demands for charging or fueling infrastructure, including faster [[Page 135 STAT. 553]] charging speeds with high-powered capabilities necessary to minimize the time to charge or refuel current and anticipated vehicles. ``(H) <<NOTE: Contracts.>> Partnering with private entities.--An eligible entity that receives a grant under this paragraph may use the grant funds to contract with a private entity for the acquisition, construction, installation, maintenance, or operation of electric vehicle charging infrastructure, hydrogen fueling infrastructure, propane fueling infrastructure, or natural gas fueling infrastructure that is directly related to the charging or fueling of a vehicle. ``(I) Maximum grant amount.--The amount of a grant under this paragraph shall not be more than $15,000,000. ``(J) Technical assistance.--Of the amounts reserved under subparagraph (A), the Secretary may use not more than 1 percent to provide technical assistance to eligible entities. ``(K) Additional activities.--The recipient of a grant under this paragraph may use not more than 5 percent of the grant funds on educational and community engagement activities to develop and implement education programs through partnerships with schools, community organizations, and vehicle dealerships to support the use of zero-emission vehicles and associated infrastructure. ``(9) Requirements.-- ``(A) Project treatment.--Notwithstanding any other provision of law, any project funded by a grant under this subsection shall be treated as a project on a Federal-aid highway under this chapter. ``(B) Signs.--Any traffic control device or on- premises sign acquired, installed, or operated with a grant under this subsection shall comply with-- ``(i) the Manual on Uniform Traffic Control Devices, if located in the right-of-way; and ``(ii) other provisions of Federal, State, and local law, as applicable. ``(10) Federal share.-- ``(A) In general.--The Federal share of the cost of a project carried out with a grant under this subsection shall not exceed 80 percent of the total project cost. ``(B) <<NOTE: Payment.>> Responsibility of private entity.--As a condition of contracting with an eligible entity under paragraph (6) or (8), a private entity shall agree to pay the share of the cost of a project carried out with a grant under this subsection that is not paid by the Federal Government under subparagraph (A). ``(11) <<NOTE: Public information.>> Report.--Not later than 3 years after the date of enactment of this subsection, the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives and make publicly available a report on the progress and implementation of this subsection.''. SEC. 11402. <<NOTE: 23 USC 149 note.>> REDUCTION OF TRUCK EMISSIONS AT PORT FACILITIES. (a) Establishment of Program.-- [[Page 135 STAT. 554]] (1) <<NOTE: Studies.>> In general.--The Secretary shall establish a program to reduce idling at port facilities, under which the Secretary shall-- (A) study how ports and intermodal port transfer facilities would benefit from increased opportunities to reduce emissions at ports, including through the electrification of port operations; (B) study emerging technologies and strategies that may help reduce port-related emissions from idling trucks; and (C) <<NOTE: Coordination.>> coordinate and provide funding to test, evaluate, and deploy projects that reduce port-related emissions from idling trucks, including through the advancement of port electrification and improvements in efficiency, focusing on port operations, including heavy-duty commercial vehicles, and other related projects. (2) Consultation.--In carrying out the program under this subsection, the Secretary may consult with the Secretary of Energy and the Administrator of the Environmental Protection Agency. (b) Grants.-- (1) In general.--In carrying out subsection (a)(1)(C), the Secretary shall award grants to fund projects that reduce emissions at ports, including through the advancement of port electrification. (2) Cost share.--A grant awarded under paragraph (1) shall not exceed 80 percent of the total cost of the project funded by the grant. (3) Coordination.--In carrying out the grant program under this subsection, the Secretary shall-- (A) to the maximum extent practicable, leverage existing resources and programs of the Department and other relevant Federal agencies; and (B) <<NOTE: Determination.>> coordinate with other Federal agencies, as the Secretary determines to be appropriate. (4) Application; selection.-- (A) <<NOTE: Determination.>> Application.--The Secretary shall solicit applications for grants under paragraph (1) at such time, in such manner, and containing such information as the Secretary determines to be necessary. (B) <<NOTE: Deadlines.>> Selection.--The Secretary shall make grants under paragraph (1) by not later than April 1 of each fiscal year for which funding is made available. (5) Requirement.--Notwithstanding any other provision of law, any project funded by a grant under this subsection shall be treated as a project on a Federal-aid highway under chapter 1 of title 23, United States Code. (c) <<NOTE: Recommenda- tions.>> Report.--Not later than 1 year after the date on which all of the projects funded with a grant under subsection (b) are completed, the Secretary shall submit to Congress a report that includes-- (1) the findings of the studies described in subparagraphs (A) and (B) of subsection (a)(1); (2) the results of the projects that received a grant under subsection (b); (3) any recommendations for workforce development and training opportunities with respect to port electrification; and [[Page 135 STAT. 555]] (4) any policy recommendations based on the findings and results described in paragraphs (1) and (2). SEC. 11403. CARBON REDUCTION PROGRAM. (a) In General.--Chapter 1 of title 23, United States Code (as amended by section 11203(a)), is amended by adding at the end the following: ``Sec. 175. <<NOTE: 23 USC 175.>> Carbon reduction program ``(a) Definitions.--In this section: ``(1) Metropolitan planning organization; urbanized area.-- The terms `metropolitan planning organization' and `urbanized area' have the meaning given those terms in section 134(b). ``(2) Transportation emissions.--The term `transportation emissions' means carbon dioxide emissions from on-road highway sources of those emissions within a State. ``(3) Transportation management area.--The term `transportation management area' means a transportation management area identified or designated by the Secretary under section 134(k)(1). ``(b) Establishment.--The Secretary shall establish a carbon reduction program to reduce transportation emissions. ``(c) Eligible Projects.-- ``(1) In general.--Subject to paragraph (2), funds apportioned to a State under section 104(b)(7) may be obligated for projects to support the reduction of transportation emissions, including-- ``(A) a project described in section 149(b)(4) to establish or operate a traffic monitoring, management, and control facility or program, including advanced truck stop electrification systems; ``(B) a public transportation project that is eligible for assistance under section 142; ``(C) a project described in section 101(a)(29) (as in effect on the day before the date of enactment of the FAST Act (Public Law 114-94; 129 Stat. 1312)), including the construction, planning, and design of on-road and off-road trail facilities for pedestrians, bicyclists, and other nonmotorized forms of transportation; ``(D) a project described in section 503(c)(4)(E) for advanced transportation and congestion management technologies; ``(E) a project for the deployment of infrastructure-based intelligent transportation systems capital improvements and the installation of vehicle-to- infrastructure communications equipment, including retrofitting dedicated short-range communications (DSRC) technology deployed as part of an existing pilot program to cellular vehicle-to-everything (C-V2X) technology; ``(F) a project to replace street lighting and traffic control devices with energy-efficient alternatives; ``(G) the development of a carbon reduction strategy in accordance with subsection (d); ``(H) a project or strategy that is designed to support congestion pricing, shifting transportation demand to nonpeak hours or other transportation modes, increasing [[Page 135 STAT. 556]] vehicle occupancy rates, or otherwise reducing demand for roads, including electronic toll collection, and travel demand management strategies and programs; ``(I) efforts to reduce the environmental and community impacts of freight movement; ``(J) a project to support deployment of alternative fuel vehicles, including-- ``(i) the acquisition, installation, or operation of publicly accessible electric vehicle charging infrastructure or hydrogen, natural gas, or propane vehicle fueling infrastructure; and ``(ii) the purchase or lease of zero-emission construction equipment and vehicles, including the acquisition, construction, or leasing of required supporting facilities; ``(K) a project described in section 149(b)(8) for a diesel engine retrofit; ``(L) a project described in section 149(b)(5) that does not result in the construction of new capacity; and ``(M) a project that reduces transportation emissions at port facilities, including through the advancement of port electrification. ``(2) <<NOTE: Certification.>> Flexibility.--In addition to the eligible projects under paragraph (1), a State may use funds apportioned under section 104(b)(7) for a project eligible under section 133(b) if the Secretary certifies that the State has demonstrated a reduction in transportation emissions-- ``(A) as estimated on a per capita basis; and ``(B) as estimated on a per unit of economic output basis. ``(d) Carbon Reduction Strategy.-- ``(1) <<NOTE: Deadline. Consultation.>> In general.--Not later than 2 years after the date of enactment of the Surface Transportation Reauthorization Act of 2021, a State, in consultation with any metropolitan planning organization designated within the State, shall develop a carbon reduction strategy in accordance with this subsection. ``(2) Requirements.--The carbon reduction strategy of a State developed under paragraph (1) shall-- ``(A) support efforts to reduce transportation emissions; ``(B) identify projects and strategies to reduce transportation emissions, which may include projects and strategies for safe, reliable, and cost-effective options-- ``(i) to reduce traffic congestion by facilitating the use of alternatives to single- occupant vehicle trips, including public transportation facilities, pedestrian facilities, bicycle facilities, and shared or pooled vehicle trips within the State or an area served by the applicable metropolitan planning organization, if any; ``(ii) to facilitate the use of vehicles or modes of travel that result in lower transportation emissions per person-mile traveled as compared to existing vehicles and modes; and ``(iii) to facilitate approaches to the construction of transportation assets that result in lower transportation emissions as compared to existing approaches; [[Page 135 STAT. 557]] ``(C) support the reduction of transportation emissions of the State; ``(D) at the discretion of the State, quantify the total carbon emissions from the production, transport, and use of materials used in the construction of transportation facilities within the State; and ``(E) be appropriate to the population density and context of the State, including any metropolitan planning organization designated within the State. ``(3) <<NOTE: Time period.>> Updates.--The carbon reduction strategy of a State developed under paragraph (1) shall be updated not less frequently than once every 4 years. ``(4) <<NOTE: Deadline.>> Review.--Not later than 90 days after the date on which a State submits a request for the approval of a carbon reduction strategy developed by the State under paragraph (1), the Secretary shall-- ``(A) review the process used to develop the carbon reduction strategy; and ``(B)(i) <<NOTE: Certification.>> certify that the carbon reduction strategy meets the requirements of paragraph (2); or ``(ii) deny certification of the carbon reduction strategy and specify the actions necessary for the State to take to correct the deficiencies in the process of the State in developing the carbon reduction strategy. ``(5) Technical assistance.--At the request of a State, the Secretary shall provide technical assistance in the development of the carbon reduction strategy under paragraph (1). ``(e) Suballocation.-- ``(1) In general.--For each fiscal year, of the funds apportioned to the State under section 104(b)(7)-- ``(A) 65 percent shall be obligated, in proportion to their relative shares of the population of the State-- ``(i) in urbanized areas of the State with an urbanized area population of more than 200,000; ``(ii) in urbanized areas of the State with an urbanized population of not less than 50,000 and not more than 200,000; ``(iii) in urban areas of the State with a population of not less than 5,000 and not more than 49,999; and ``(iv) in other areas of the State with a population of less than 5,000; and ``(B) the remainder may be obligated in any area of the State. ``(2) Metropolitan areas.--Funds attributed to an urbanized area under paragraph (1)(A)(i) may be obligated in the metropolitan area established under section 134 that encompasses the urbanized area. ``(3) Distribution among urbanized areas of over 50,000 population.-- ``(A) In general.--Except as provided in subparagraph (B), the amounts that a State is required to obligate under clauses (i) and (ii) of paragraph (1)(A) shall be obligated in urbanized areas described in those clauses based on the relative population of the areas. ``(B) Other factors.--The State may obligate the funds described in subparagraph (A) based on other factors if-- [[Page 135 STAT. 558]] ``(i) the State and the relevant metropolitan planning organizations jointly apply to the Secretary for the permission to base the obligation on other factors; and ``(ii) the Secretary grants the request. ``(4) Coordination in urbanized areas.--Before obligating funds for an eligible project under subsection (c) in an urbanized area that is not a transportation management area, a State shall coordinate with any metropolitan planning organization that represents the urbanized area prior to determining which activities should be carried out under the project. ``(5) Consultation in rural areas.--Before obligating funds for an eligible project under subsection (c) in a rural area, a State shall consult with any regional transportation planning organization or metropolitan planning organization that represents the rural area prior to determining which activities should be carried out under the project. ``(6) Obligation authority.-- ``(A) <<NOTE: Time period.>> In general.--A State that is required to obligate in an urbanized area with an urbanized area population of 50,000 or more under this subsection funds apportioned to the State under section 104(b)(7) shall make available during the period of fiscal years 2022 through 2026 an amount of obligation authority distributed to the State for Federal-aid highways and highway safety construction programs for use in the area that is equal to the amount obtained by multiplying-- ``(i) the aggregate amount of funds that the State is required to obligate in the area under this subsection during the period; and ``(ii) the ratio that-- ``(I) the aggregate amount of obligation authority distributed to the State for Federal-aid highways and highway safety construction programs during the period; bears to ``(II) the total of the sums apportioned to the State for Federal-aid highways and highway safety construction programs (excluding sums not subject to an obligation limitation) during the period. ``(B) <<NOTE: Compliance.>> Joint responsibility.-- Each State, each affected metropolitan planning organization, and the Secretary shall jointly ensure compliance with subparagraph (A). ``(f) Federal Share.--The Federal share of the cost of a project carried out using funds apportioned to a State under section 104(b)(7) shall be determined in accordance with section 120. ``(g) Treatment of Projects.--Notwithstanding any other provision of law, a project assisted under this section shall be treated as a project on a Federal-aid highway under this chapter.''. (b) Clerical Amendment.--The analysis for chapter 1 of title 23, United States Code (as amended by section 11203(b)) <<NOTE: 23 USC 101 prec.>> is amended by inserting after the item relating to section 174 the following: ``175. Carbon reduction program.''. SEC. 11404. CONGESTION RELIEF PROGRAM. (a) In General.--Section 129 of title 23, United States Code, is amended by adding at the end the following: ``(d) Congestion Relief Program.-- [[Page 135 STAT. 559]] ``(1) Definitions.--In this subsection: ``(A) Eligible entity.--The term `eligible entity' means any of the following: ``(i) A State, for the purpose of carrying out a project in an urbanized area with a population of more than 1,000,000. ``(ii) A metropolitan planning organization, city, or municipality, for the purpose of carrying out a project in an urbanized area with a population of more than 1,000,000. ``(B) Integrated congestion management system.--The term `integrated congestion management system' means a system for the integration of management and operations of a regional transportation system that includes, at a minimum, traffic incident management, work zone management, traffic signal timing, managed lanes, real- time traveler information, and active traffic management, in order to maximize the capacity of all facilities and modes across the applicable region. ``(C) Program.--The term `program' means the congestion relief program established under paragraph (2). ``(2) <<NOTE: Grants.>> Establishment.--The Secretary shall establish a congestion relief program to provide discretionary grants to eligible entities to advance innovative, integrated, and multimodal solutions to congestion relief in the most congested metropolitan areas of the United States. ``(3) Program goals.--The goals of the program are to reduce highway congestion, reduce economic and environmental costs associated with that congestion, including transportation emissions, and optimize existing highway capacity and usage of highway and transit systems through-- ``(A) improving intermodal integration with highways, highway operations, and highway performance; ``(B) reducing or shifting highway users to off-peak travel times or to nonhighway travel modes during peak travel times; and ``(C) pricing of, or based on, as applicable-- ``(i) parking; ``(ii) use of roadways, including in designated geographic zones; or ``(iii) congestion. ``(4) Eligible projects.--Funds from a grant under the program may be used for a project or an integrated collection of projects, including planning, design, implementation, and construction activities, to achieve the program goals under paragraph (3), including-- ``(A) deployment and operation of an integrated congestion management system; ``(B) deployment and operation of a system that implements or enforces high occupancy vehicle toll lanes, cordon pricing, parking pricing, or congestion pricing; ``(C) deployment and operation of mobility services, including establishing account-based financial systems, commuter buses, commuter vans, express operations, paratransit, and on-demand microtransit; and [[Page 135 STAT. 560]] ``(D) incentive programs that encourage travelers to carpool, use nonhighway travel modes during peak period, or travel during nonpeak periods. ``(5) Application; selection.-- ``(A) Application.--To be eligible to receive a grant under the program, an eligible entity shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. ``(B) Priority.--In providing grants under the program, the Secretary shall give priority to projects in urbanized areas that are experiencing a high degree of recurrent congestion. ``(C) Federal share.--The Federal share of the cost of a project carried out with a grant under the program shall not exceed 80 percent of the total project cost. ``(D) Minimum award.--A grant provided under the program shall be not less than $10,000,000. ``(6) Use of tolling.-- ``(A) In general.--Notwithstanding subsection (a)(1) and section 301 and subject to subparagraphs (B) and (C), the Secretary shall allow the use of tolls on the Interstate System as part of a project carried out with a grant under the program. ``(B) Requirements.--The Secretary may only approve the use of tolls under subparagraph (A) if-- ``(i) the eligible entity has authority under State, and if applicable, local, law to assess the applicable toll; ``(ii) the maximum toll rate for any vehicle class is not greater than the product obtained by multiplying-- ``(I) the toll rate for any other vehicle class; and ``(II) 5; ``(iii) the toll rates are not charged or varied on the basis of State residency; ``(iv) <<NOTE: Determination.>> the Secretary determines that the use of tolls will enable the eligible entity to achieve the program goals under paragraph (3) without a significant impact to safety or mobility within the urbanized area in which the project is located; and ``(v) the use of toll revenues complies with subsection (a)(3). ``(C) Limitation.--The Secretary may not approve the use of tolls on the Interstate System under the program in more than 10 urbanized areas. ``(7) Financial effects on low-income drivers.--A project under the program-- ``(A) <<NOTE: Analysis.>> shall include, if appropriate, an analysis of the potential effects of the project on low-income drivers; and ``(B) may include mitigation measures to deal with any potential adverse financial effects on low-income drivers.''. (b) High Occupancy Vehicle Use of Certain Toll Facilities.--Section 129(a) of title 23, United States Code, is amended-- [[Page 135 STAT. 561]] (1) by redesignating paragraph (10) as paragraph (11); and (2) by inserting after paragraph (9) the following: ``(10) High occupancy vehicle use of certain toll facilities. <<NOTE: Consultation. Determination.>> -- Notwithstanding section 102(a), in the case of a toll facility that is on the Interstate System and that is constructed or converted after the date of enactment of the Surface Transportation Reauthorization Act of 2021, the public authority with jurisdiction over the toll facility shall allow high occupancy vehicles, transit, and paratransit vehicles to use the facility at a discount rate or without charge, unless the public authority, in consultation with the Secretary, determines that the number of those vehicles using the facility reduces the travel time reliability of the facility.''. SEC. 11405. PROMOTING RESILIENT OPERATIONS FOR TRANSFORMATIVE, EFFICIENT, AND COST-SAVING TRANSPORTATION (PROTECT) PROGRAM. (a) In General.--Chapter 1 of title 23, United States Code (as amended by section 11403(a)), is amended by adding at the end the following: ``Sec. 176. <<NOTE: 23 USC 176.>> Promoting Resilient Operations for Transformative, Efficient, and Cost-saving Transportation (PROTECT) program ``(a) Definitions.--In this section: ``(1) Emergency event.--The term `emergency event' means a natural disaster or catastrophic failure resulting in-- ``(A) an emergency declared by the Governor of the State in which the disaster or failure occurred; or ``(B) an emergency or disaster declared by the President. ``(2) Evacuation route.--The term `evacuation route' means a transportation route or system that-- ``(A) is owned, operated, or maintained by a Federal, State, Tribal, or local government; ``(B) is used-- ``(i) to transport the public away from emergency events; or ``(ii) to transport emergency responders and recovery resources; and ``(C) is designated by the eligible entity with jurisdiction over the area in which the route is located for the purposes described in subparagraph (B). ``(3) Program.--The term `program' means the program established under subsection (b)(1). ``(4) Resilience improvement.--The term `resilience improvement' means the use of materials or structural or nonstructural techniques, including natural infrastructure-- ``(A) that allow a project-- ``(i) to better anticipate, prepare for, and adapt to changing conditions and to withstand and respond to disruptions; and ``(ii) to be better able to continue to serve the primary function of the project during and after weather events and natural disasters for the expected life of the project; or [[Page 135 STAT. 562]] ``(B) that-- ``(i) reduce the magnitude and duration of impacts of current and future weather events and natural disasters to a project; or ``(ii) have the absorptive capacity, adaptive capacity, and recoverability to decrease project vulnerability to current and future weather events or natural disasters. ``(b) Establishment.-- ``(1) In general.--The Secretary shall establish a program, to be known as the `Promoting Resilient Operations for Transformative, Efficient, and Cost-saving Transportation program' or the `PROTECT program'. ``(2) <<NOTE: Grants.>> Purpose.--The purpose of the program is to provide grants for resilience improvements through-- ``(A) formula funding distributed to States to carry out subsection (c); ``(B) competitive planning grants to enable communities to assess vulnerabilities to current and future weather events and natural disasters and changing conditions, including sea level rise, and plan transportation improvements and emergency response strategies to address those vulnerabilities; and ``(C) competitive resilience improvement grants to protect-- ``(i) surface transportation assets by making the assets more resilient to current and future weather events and natural disasters, such as severe storms, flooding, drought, levee and dam failures, wildfire, rockslides, mudslides, sea level rise, extreme weather, including extreme temperature, and earthquakes; ``(ii) communities through resilience improvements and strategies that allow for the continued operation or rapid recovery of surface transportation systems that-- ``(I) serve critical local, regional, and national needs, including evacuation routes; and ``(II) provide access or service to hospitals and other medical or emergency service facilities, major employers, critical manufacturing centers, ports and intermodal facilities, utilities, and Federal facilities; ``(iii) coastal infrastructure, such as a tide gate to protect highways, that is at long-term risk to sea level rise; and ``(iv) natural infrastructure that protects and enhances surface transportation assets while improving ecosystem conditions, including culverts that ensure adequate flows in rivers and estuarine systems. ``(c) Eligible Activities for Apportioned Funding.-- ``(1) In general.--Except as provided in paragraph (2), funds apportioned to the State under section 104(b)(8) shall be obligated for activities eligible under subparagraph (A), (B), or (C) of subsection (d)(4). ``(2) Planning set-aside.--Of the funds apportioned to a State under section 104(b)(8) for each fiscal year, not less [[Page 135 STAT. 563]] than 2 percent shall be for activities described in subsection (d)(3). ``(3) Requirements.-- ``(A) Projects in certain areas.--If a project under this subsection is carried out, in whole or in part, within a base floodplain, the State shall-- ``(i) identify the base floodplain in which the project is to be located and disclose that information to the Secretary; and ``(ii) indicate to the Secretary whether the State plans to implement 1 or more components of the risk mitigation plan under section 322 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5165) with respect to the area. ``(B) Eligibilities.--A State shall use funds apportioned to the State under section 104(b)(8) for-- ``(i) a highway project eligible for assistance under this title; ``(ii) a public transportation facility or service eligible for assistance under chapter 53 of title 49; or ``(iii) a port facility, including a facility that-- ``(I) connects a port to other modes of transportation; ``(II) improves the efficiency of evacuations and disaster relief; or ``(III) aids transportation. ``(C) System resilience.--A project carried out by a State with funds apportioned to the State under section 104(b)(8) may include the use of natural infrastructure or the construction or modification of storm surge, flood protection, or aquatic ecosystem restoration elements that are functionally connected to a transportation improvement, such as-- ``(i) increasing marsh health and total area adjacent to a highway right-of-way to promote additional flood storage; ``(ii) upgrades to and installation of culverts designed to withstand 100-year flood events; ``(iii) upgrades to and installation of tide gates to protect highways; ``(iv) upgrades to and installation of flood gates to protect tunnel entrances; and ``(v) improving functionality and resiliency of stormwater controls, including inventory inspections, upgrades to, and preservation of best management practices to protect surface transportation infrastructure. ``(D) Federal cost share.-- ``(i) In general.--Except as provided in subsection (e)(1), the Federal share of the cost of a project carried out using funds apportioned to the State under section 104(b)(8) shall not exceed 80 percent of the total project cost. ``(ii) Non-federal share.--A State may use Federal funds other than Federal funds apportioned to the State under section 104(b)(8) to meet the non- [[Page 135 STAT. 564]] Federal cost share requirement for a project under this subsection. ``(E) Eligible project costs.-- ``(i) In general.--Except as provided in clause (ii), eligible project costs for activities carried out by a State with funds apportioned to the State under section 104(b)(8) may include the costs of-- ``(I) development phase activities, including planning, feasibility analysis, revenue forecasting, environmental review, preliminary engineering and design work, and other preconstruction activities; and ``(II) construction, reconstruction, rehabilitation, and acquisition of real property (including land related to the project and improvements to land), environmental mitigation, construction contingencies, acquisition of equipment directly related to improving system performance, and operational improvements. ``(ii) Eligible planning costs.--In the case of a planning activity described in subsection (d)(3) that is carried out by a State with funds apportioned to the State under section 104(b)(8), eligible costs may include development phase activities, including planning, feasibility analysis, revenue forecasting, environmental review, preliminary engineering and design work, other preconstruction activities, and other activities consistent with carrying out the purposes of subsection (d)(3). ``(F) Limitations.--A State-- ``(i) may use not more than 40 percent of the amounts apportioned to the State under section 104(b)(8) for the construction of new capacity; and ``(ii) may use not more than 10 percent of the amounts apportioned to the State under section 104(b)(8) for activities described in subparagraph (E)(i)(I). ``(d) Competitive Awards.-- ``(1) In general.--In addition to funds apportioned to States under section 104(b)(8) to carry out activities under subsection (c), the Secretary shall provide grants on a competitive basis under this subsection to eligible entities described in paragraph (2). ``(2) Eligible entities.--Except as provided in paragraph (4)(C), the Secretary may make a grant under this subsection to any of the following: ``(A) A State or political subdivision of a State. ``(B) A metropolitan planning organization. ``(C) A unit of local government. ``(D) A special purpose district or public authority with a transportation function, including a port authority. ``(E) An Indian tribe (as defined in section 207(m)(1)). ``(F) A Federal land management agency that applies jointly with a State or group of States. ``(G) A multi-State or multijurisdictional group of entities described in subparagraphs (A) through (F). [[Page 135 STAT. 565]] ``(3) Planning grants.--Using funds made available under this subsection, the Secretary shall provide planning grants to eligible entities for the purpose of-- ``(A) in the case of a State or metropolitan planning organization, developing a resilience improvement plan under subsection (e)(2); ``(B) resilience planning, predesign, design, or the development of data tools to simulate transportation disruption scenarios, including vulnerability assessments; ``(C) technical capacity building by the eligible entity to facilitate the ability of the eligible entity to assess the vulnerabilities of the surface transportation assets and community response strategies of the eligible entity under current conditions and a range of potential future conditions; or ``(D) evacuation planning and preparation. ``(4) Resilience grants.-- ``(A) Resilience improvement grants.-- ``(i) In general.--Using funds made available under this subsection, the Secretary shall provide resilience improvement grants to eligible entities to carry out 1 or more eligible activities under clause (ii). ``(ii) Eligible activities.-- ``(I) In general.--An eligible entity may use a resilience improvement grant under this subparagraph for 1 or more construction activities to improve the ability of an existing surface transportation asset to withstand 1 or more elements of a weather event or natural disaster, or to increase the resilience of surface transportation infrastructure from the impacts of changing conditions, such as sea level rise, flooding, wildfires, extreme weather events, and other natural disasters. ``(II) Inclusions.--An activity eligible to be carried out under this subparagraph includes-- ``(aa) resurfacing, restoration, rehabilitation, reconstruction, replacement, improvement, or realignment of an existing surface transportation facility eligible for assistance under this title; ``(bb) the incorporation of natural infrastructure; ``(cc) the upgrade of an existing surface transportation facility to meet or exceed a design standard adopted by the Federal Highway Administration; ``(dd) the installation of mitigation measures that prevent the intrusion of floodwaters into surface transportation systems; ``(ee) strengthening systems that remove rainwater from surface transportation facilities; ``(ff) upgrades to and installation of structural stormwater controls; [[Page 135 STAT. 566]] ``(gg) a resilience project that addresses identified vulnerabilities described in the resilience improvement plan of the eligible entity, if applicable; ``(hh) relocating roadways in a base floodplain to higher ground above projected flood elevation levels, or away from slide prone areas; ``(ii) stabilizing slide areas or slopes; ``(jj) installing riprap; ``(kk) lengthening or raising bridges to increase waterway openings, including to respond to extreme weather; ``(ll) increasing the size or number of drainage structures; ``(mm) installing seismic retrofits on bridges; ``(nn) adding scour protection at bridges; ``(oo) adding scour, stream stability, coastal, and other hydraulic countermeasures, including spur dikes; ``(pp) vegetation management practices in transportation rights-of-way to improve roadway safety, prevent against invasive species, facilitate wildfire control, and provide erosion control; and ``(qq) any other protective features, including natural infrastructure, as determined by the Secretary. ``(iii) Priority.--The Secretary shall prioritize a resilience improvement grant to an eligible entity if-- ``(I) <<NOTE: Determination.>> the Secretary determines-- ``(aa) the benefits of the eligible activity proposed to be carried out by the eligible entity exceed the costs of the activity; and ``(bb) there is a need to address the vulnerabilities of surface transportation assets of the eligible entity with a high risk of, and impacts associated with, failure due to the impacts of weather events, natural disasters, or changing conditions, such as sea level rise, wildfires, and increased flood risk; or ``(II) the eligible activity proposed to be carried out by the eligible entity is included in the applicable resilience improvement plan under subsection (e)(2). ``(B) Community resilience and evacuation route grants.-- ``(i) In general.--Using funds made available under this subsection, the Secretary shall provide community resilience and evacuation route grants to eligible entities to carry out 1 or more eligible activities under clause (ii). ``(ii) Eligible activities.--An eligible entity may use a community resilience and evacuation route grant under this subparagraph for 1 or more projects that strengthen and protect evacuation routes that are [[Page 135 STAT. 567]] essential for providing and supporting evacuations caused by emergency events, including a project that-- ``(I) is an eligible activity under subparagraph (A)(ii), if that eligible activity will improve an evacuation route; ``(II) ensures the ability of the evacuation route to provide safe passage during an evacuation and reduces the risk of damage to evacuation routes as a result of future emergency events, including restoring or replacing existing evacuation routes that are in poor condition or not designed to meet the anticipated demand during an emergency event, and including steps to protect routes from mud, rock, or other debris slides; ``(III) <<NOTE: Notification.>> if the eligible entity notifies the Secretary that existing evacuation routes are not sufficient to adequately facilitate evacuations, including the transportation of emergency responders and recovery resources, expands the capacity of evacuation routes to swiftly and safely accommodate evacuations, including installation of-- ``(aa) communications and intelligent transportation system equipment and infrastructure; ``(bb) counterflow measures; or ``(cc) shoulders; ``(IV) <<NOTE: Notification.>> is for the construction of new or redundant evacuation routes, if the eligible entity notifies the Secretary that existing evacuation routes are not sufficient to adequately facilitate evacuations, including the transportation of emergency responders and recovery resources; ``(V) is for the acquisition of evacuation route or traffic incident management equipment or signage; or ``(VI) will ensure access or service to critical destinations, including hospitals and other medical or emergency service facilities, major employers, critical manufacturing centers, ports and intermodal facilities, utilities, and Federal facilities. ``(iii) <<NOTE: Determination.>> Priority.-- The Secretary shall prioritize community resilience and evacuation route grants under this subparagraph for eligible activities that are cost-effective, as determined by the Secretary, taking into account-- ``(I) current and future vulnerabilities to an evacuation route due to future occurrence or recurrence of emergency events that are likely to occur in the geographic area in which the evacuation route is located; and ``(II) projected changes in development patterns, demographics, and extreme weather events based on the best available evidence and analysis. ``(iv) Consultation.--In providing grants for community resilience and evacuation routes under this subparagraph, the Secretary may consult with the [[Page 135 STAT. 568]] Administrator of the Federal Emergency Management Agency, who may provide technical assistance to the Secretary and to eligible entities. ``(C) At-risk coastal infrastructure grants.-- ``(i) Definition of eligible entity.--In this subparagraph, the term `eligible entity' means any of the following: ``(I) <<NOTE: Territories.>> A State (including the United States Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands) in, or bordering on, the Atlantic, Pacific, or Arctic Ocean, the Gulf of Mexico, Long Island Sound, or 1 or more of the Great Lakes. ``(II) A political subdivision of a State described in subclause (I). ``(III) A metropolitan planning organization in a State described in subclause (I). ``(IV) A unit of local government in a State described in subclause (I). ``(V) A special purpose district or public authority with a transportation function, including a port authority, in a State described in subclause (I). ``(VI) An Indian tribe in a State described in subclause (I). ``(VII) A Federal land management agency that applies jointly with a State or group of States described in subclause (I). ``(VIII) A multi-State or multijurisdictional group of entities described in subclauses (I) through (VII). ``(ii) Grants.--Using funds made available under this subsection, the Secretary shall provide at-risk coastal infrastructure grants to eligible entities to carry out 1 or more eligible activities under clause (iii). ``(iii) Eligible activities.--An eligible entity may use an at-risk coastal infrastructure grant under this subparagraph for strengthening, stabilizing, hardening, elevating, relocating, or otherwise enhancing the resilience of highway and non-rail infrastructure, including bridges, roads, pedestrian walkways, and bicycle lanes, and associated infrastructure, such as culverts and tide gates to protect highways, that are subject to, or face increased long-term future risks of, a weather event, a natural disaster, or changing conditions, including coastal flooding, coastal erosion, wave action, storm surge, or sea level rise, in order to improve transportation and public safety and to reduce costs by avoiding larger future maintenance or rebuilding costs. ``(iv) Criteria.--The Secretary shall provide at-risk coastal infrastructure grants under this subparagraph for a project-- ``(I) that addresses the risks from a current or future weather event or natural disaster, including coastal flooding, coastal erosion, wave action, storm surge, or sea level change; and [[Page 135 STAT. 569]] ``(II) that reduces long-term infrastructure costs by avoiding larger future maintenance or rebuilding costs. ``(v) <<NOTE: Evaluation.>> Coastal benefits.--In addition to the criteria under clause (iv), for the purpose of providing at-risk coastal infrastructure grants under this subparagraph, the Secretary shall evaluate the extent to which a project will provide-- ``(I) access to coastal homes, businesses, communities, and other critical infrastructure, including access by first responders and other emergency personnel; or ``(II) access to a designated evacuation route. ``(5) Grant requirements.-- ``(A) Solicitations for grants.--In providing grants under this subsection, the Secretary shall conduct a transparent and competitive national solicitation process to select eligible projects to receive grants under paragraph (3) and subparagraphs (A), (B), and (C) of paragraph (4). ``(B) Applications.-- ``(i) <<NOTE: Determination.>> In general.-- To be eligible to receive a grant under paragraph (3) or subparagraph (A), (B), or (C) of paragraph (4), an eligible entity shall submit to the Secretary an application in such form, at such time, and containing such information as the Secretary determines to be necessary. ``(ii) Projects in certain areas.--If a project is proposed to be carried out by the eligible entity, in whole or in part, within a base floodplain, the eligible entity shall-- ``(I) <<NOTE: Disclosure.>> as part of the application, identify the floodplain in which the project is to be located and disclose that information to the Secretary; and ``(II) indicate in the application whether, if selected, the eligible entity will implement 1 or more components of the risk mitigation plan under section 322 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5165) with respect to the area. ``(C) Eligibilities.--The Secretary may make a grant under paragraph (3) or subparagraph (A), (B), or (C) of paragraph (4) only for-- ``(i) a highway project eligible for assistance under this title; ``(ii) a public transportation facility or service eligible for assistance under chapter 53 of title 49; ``(iii) a facility or service for intercity rail passenger transportation (as defined in section 24102 of title 49); or ``(iv) a port facility, including a facility that-- ``(I) connects a port to other modes of transportation; ``(II) improves the efficiency of evacuations and disaster relief; or ``(III) aids transportation. ``(D) <<NOTE: Determination.>> System resilience.-- A project for which a grant is provided under paragraph (3) or subparagraph (A), (B), [[Page 135 STAT. 570]] or (C) of paragraph (4) may include the use of natural infrastructure or the construction or modification of storm surge, flood protection, or aquatic ecosystem restoration elements that the Secretary determines are functionally connected to a transportation improvement, such as-- ``(i) increasing marsh health and total area adjacent to a highway right-of-way to promote additional flood storage; ``(ii) upgrades to and installing of culverts designed to withstand 100-year flood events; ``(iii) upgrades to and installation of tide gates to protect highways; and ``(iv) upgrades to and installation of flood gates to protect tunnel entrances. ``(E) Federal cost share.-- ``(i) Planning grant.--The Federal share of the cost of a planning activity carried out using a planning grant under paragraph (3) shall be 100 percent. ``(ii) Resilience grants.-- ``(I) In general.--Except as provided in subclause (II) and subsection (e)(1), the Federal share of the cost of a project carried out using a grant under subparagraph (A), (B), or (C) of paragraph (4) shall not exceed 80 percent of the total project cost. ``(II) <<NOTE: Determination.>> Tribal projects.--On the determination of the Secretary, the Federal share of the cost of a project carried out using a grant under subparagraph (A), (B), or (C) of paragraph (4) by an Indian tribe (as defined in section 207(m)(1)) may be up to 100 percent. ``(iii) Non-federal share.--The eligible entity may use Federal funds other than Federal funds provided under this subsection to meet the non-Federal cost share requirement for a project carried out with a grant under this subsection. ``(F) Eligible project costs.-- ``(i) Resilience grant projects.--Eligible project costs for activities funded with a grant under subparagraph (A), (B), or (C) of paragraph (4) may include the costs of-- ``(I) development phase activities, including planning, feasibility analysis, revenue forecasting, environmental review, preliminary engineering and design work, and other preconstruction activities; and ``(II) construction, reconstruction, rehabilitation, and acquisition of real property (including land related to the project and improvements to land), environmental mitigation, construction contingencies, acquisition of equipment directly related to improving system performance, and operational improvements. ``(ii) Planning grants.--Eligible project costs for activities funded with a grant under paragraph (3) may include the costs of development phase activities, [[Page 135 STAT. 571]] including planning, feasibility analysis, revenue forecasting, environmental review, preliminary engineering and design work, other preconstruction activities, and other activities consistent with carrying out the purposes of that paragraph. ``(G) Limitations.-- ``(i) In general.--An eligible entity that receives a grant under subparagraph (A), (B), or (C) of paragraph (4)-- ``(I) may use not more than 40 percent of the amount of the grant for the construction of new capacity; and ``(II) may use not more than 10 percent of the amount of the grant for activities described in subparagraph (F)(i)(I). ``(ii) Limit on certain activities.--For each fiscal year, not more than 25 percent of the total amount provided under this subsection may be used for projects described in subparagraph (C)(iii). ``(H) <<NOTE: Determinations.>> Distribution of grants.-- ``(i) In general.--Subject to the availability of funds, an eligible entity may request and the Secretary may distribute funds for a grant under this subsection on a multiyear basis, as the Secretary determines to be necessary. ``(ii) Rural set-aside.--Of the amounts made available to carry out this subsection for each fiscal year, the Secretary shall use not less than 25 percent for grants for projects located in areas that are outside an urbanized area with a population of over 200,000. ``(iii) Tribal set-aside.--Of the amounts made available to carry out this subsection for each fiscal year, the Secretary shall use not less than 2 percent for grants to Indian tribes (as defined in section 207(m)(1)). ``(iv) Reallocation.--For any fiscal year, if the Secretary determines that the amount described in clause (ii) or (iii) will not be fully utilized for the grant described in that clause, the Secretary may reallocate the unutilized funds to provide grants to other eligible entities under this subsection. ``(6) Consultation.--In carrying out this subsection, the Secretary shall-- ``(A) consult with the Assistant Secretary of the Army for Civil Works, the Administrator of the Environmental Protection Agency, the Secretary of the Interior, and the Secretary of Commerce; and ``(B) solicit technical support from the Administrator of the Federal Emergency Management Agency. ``(7) Grant administration.--The Secretary may-- ``(A) retain not more than a total of 5 percent of the funds made available to carry out this subsection and to review applications for grants under this subsection; and ``(B) <<NOTE: Transfer authority.>> transfer portions of the funds retained under subparagraph (A) to the relevant Administrators to fund the award and oversight of grants provided under this subsection. [[Page 135 STAT. 572]] ``(e) Resilience Improvement Plan and Lower Non-Federal Share.-- ``(1) Federal share reductions.-- ``(A) In general.--A State that receives funds apportioned to the State under section 104(b)(8) or an eligible entity that receives a grant under subsection (d) shall have the non-Federal share of a project carried out with the funds or grant, as applicable, reduced by an amount described in subparagraph (B) if the State or eligible entity meets the applicable requirements under that subparagraph. ``(B) Amount of reductions.-- ``(i) Resilience improvement plan.--Subject to clause (iii), the amount of the non-Federal share of the costs of a project carried out with funds apportioned to a State under section 104(b)(8) or a grant under subsection (d) shall be reduced by 7 percentage points if-- ``(I) in the case of a State or an eligible entity that is a State or a metropolitan planning organization, the State or eligible entity has-- ``(aa) developed a resilience improvement plan in accordance with this subsection; and ``(bb) prioritized the project on that resilience improvement plan; and ``(II) in the case of an eligible entity not described in subclause (I), the eligible entity is located in a State or an area served by a metropolitan planning organization that has-- ``(aa) developed a resilience improvement plan in accordance with this subsection; and ``(bb) prioritized the project on that resilience improvement plan. ``(ii) Incorporation of resilience improvement plan in other planning.--Subject to clause (iii), the amount of the non-Federal share of the cost of a project carried out with funds under subsection (c) or a grant under subsection (d) shall be reduced by 3 percentage points if-- ``(I) in the case of a State or an eligible entity that is a State or a metropolitan planning organization, the resilience improvement plan developed in accordance with this subsection has been incorporated into the metropolitan transportation plan under section 134 or the long-range statewide transportation plan under section 135, as applicable; and ``(II) in the case of an eligible entity not described in subclause (I), the eligible entity is located in a State or an area served by a metropolitan planning organization that incorporated a resilience improvement plan into the metropolitan transportation plan under section 134 or the long-range statewide transportation plan under section 135, as applicable. ``(iii) Limitations.-- [[Page 135 STAT. 573]] ``(I) Maximum reduction.--A State or eligible entity may not receive a reduction under this paragraph of more than 10 percentage points for any single project carried out with funds under subsection (c) or a grant under subsection (d). ``(II) No negative non-federal share.--A reduction under this paragraph shall not reduce the non-Federal share of the costs of a project carried out with funds under subsection (c) or a grant under subsection (d) to an amount that is less than zero. ``(2) Plan contents.--A resilience improvement plan referred to in paragraph (1)-- ``(A) shall be for the immediate and long-range planning activities and investments of the State or metropolitan planning organization with respect to resilience of the surface transportation system within the boundaries of the State or metropolitan planning organization, as applicable; ``(B) shall demonstrate a systemic approach to surface transportation system resilience and be consistent with and complementary of the State and local mitigation plans required under section 322 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5165); ``(C) <<NOTE: Assessment.>> shall include a risk- based assessment of vulnerabilities of transportation assets and systems to current and future weather events and natural disasters, such as severe storms, flooding, drought, levee and dam failures, wildfire, rockslides, mudslides, sea level rise, extreme weather, including extreme temperatures, and earthquakes; ``(D) may-- ``(i) designate evacuation routes and strategies, including multimodal facilities, designated with consideration for individuals without access to personal vehicles; ``(ii) plan for response to anticipated emergencies, including plans for the mobility of-- ``(I) emergency response personnel and equipment; and ``(II) access to emergency services, including for vulnerable or disadvantaged populations; ``(iii) describe the resilience improvement policies, including strategies, land-use and zoning changes, investments in natural infrastructure, or performance measures that will inform the transportation investment decisions of the State or metropolitan planning organization with the goal of increasing resilience; ``(iv) include an investment plan that-- ``(I) <<NOTE: List.>> includes a list of priority projects; and ``(II) describes how funds apportioned to the State under section 104(b)(8) or provided by a grant under the program would be invested and matched, which shall not be subject to fiscal constraint requirements; and ``(v) use science and data and indicate the source of data and methodologies; and [[Page 135 STAT. 574]] ``(E) shall, as appropriate-- ``(i) include a description of how the plan will improve the ability of the State or metropolitan planning organization-- ``(I) to respond promptly to the impacts of weather events and natural disasters; and ``(II) to be prepared for changing conditions, such as sea level rise and increased flood risk; ``(ii) describe the codes, standards, and regulatory framework, if any, adopted and enforced to ensure resilience improvements within the impacted area of proposed projects included in the resilience improvement plan; ``(iii) consider the benefits of combining hard surface transportation assets, and natural infrastructure, through coordinated efforts by the Federal Government and the States; ``(iv) <<NOTE: Assessment.>> assess the resilience of other community assets, including buildings and housing, emergency management assets, and energy, water, and communication infrastructure; ``(v) use a long-term planning period; and ``(vi) include such other information as the State or metropolitan planning organization considers appropriate. ``(3) No new planning requirements.--Nothing in this section requires a metropolitan planning organization or a State to develop a resilience improvement plan or to include a resilience improvement plan under the metropolitan transportation plan under section 134 or the long-range statewide transportation plan under section 135, as applicable, of the metropolitan planning organization or State. ``(f) Monitoring.-- ``(1) <<NOTE: Deadline.>> In general.--Not later than 18 months after the date of enactment of this section, the Secretary shall-- ``(A) establish, for the purpose of evaluating the effectiveness and impacts of projects carried out with a grant under subsection (d)-- ``(i) <<NOTE: Determination.>> subject to paragraph (2), transportation and any other metrics as the Secretary determines to be necessary; and ``(ii) <<NOTE: Procedures.>> procedures for monitoring and evaluating projects based on those metrics; and ``(B) select a representative sample of projects to evaluate based on the metrics and procedures established under subparagraph (A). ``(2) Notice.--Before adopting any metrics described in paragraph (1), the Secretary shall-- ``(A) <<NOTE: Federal Register, publication.>> publish the proposed metrics in the Federal Register; and ``(B) <<NOTE: Public comment.>> provide to the public an opportunity for comment on the proposed metrics. ``(g) Reports.-- ``(1) Reports from eligible entities.--Not later than 1 year after the date on which a project carried out with a grant under subsection (d) is completed, the eligible entity that carried out the project shall submit to the Secretary a [[Page 135 STAT. 575]] report on the results of the project and the use of the funds awarded. ``(2) Reports to congress.-- ``(A) <<NOTE: Web posting.>> Annual reports.--The Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives, and publish on the website of the Department of Transportation, an annual report that describes the implementation of the program during the preceding calendar year, including-- ``(i) each project for which a grant was provided under subsection (d); ``(ii) information relating to project applications received; ``(iii) the manner in which the consultation requirements were implemented under subsection (d); ``(iv) <<NOTE: Recommenda- tions.>> recommendations to improve the administration of subsection (d), including whether assistance from additional or fewer agencies to carry out the program is appropriate; ``(v) the period required to disburse grant funds to eligible entities based on applicable Federal coordination requirements; and ``(vi) <<NOTE: List.>> a list of facilities that repeatedly require repair or reconstruction due to emergency events. ``(B) Final report.--Not later than 5 years after the date of enactment of the Surface Transportation Reauthorization Act of 2021, the Secretary shall submit to Congress a report that includes the results of the reports submitted under subparagraph (A). ``(h) Treatment of Projects.--Notwithstanding any other provision of law, a project assisted under this section shall be treated as a project on a Federal-aid highway under this chapter.''. (b) Clerical Amendment.--The analysis for chapter 1 of title 23, United States Code (as amended by section 11403(b)), <<NOTE: 23 USC 101 prec.>> is amended by inserting after the item relating to section 175 the following: ``176. Promoting Resilient Operations for Transformative, Efficient, and Cost-saving Transportation (PROTECT) program.''. SEC. 11406. <<NOTE: 23 USC 149 note.>> HEALTHY STREETS PROGRAM. (a) Definitions.--In this section: (1) Cool pavement.--The term ``cool pavement'' means a pavement with reflective surfaces with higher albedo to decrease the surface temperature of that pavement. (2) Eligible entity.--The term ``eligible entity'' means-- (A) a State; (B) a metropolitan planning organization; (C) a unit of local government; (D) a Tribal government; and (E) a nonprofit organization working in coordination with an entity described in subparagraphs (A) through (D). (3) Low-income community.--The term ``low-income community'' means a census block group in which not less than 30 percent of the population lives below the poverty line [[Page 135 STAT. 576]] (as defined in section 673 of the Community Services Block Grant Act (42 U.S.C. 9902)). (4) Porous pavement.--The term ``porous pavement'' means a paved surface with a higher than normal percentage of air voids to allow water to pass through the surface and infiltrate into the subsoil. (5) Program.--The term ``program'' means the Healthy Streets program established under subsection (b). (6) State.--The term ``State'' has the meaning given the term in section 101(a) of title 23, United States Code. (7) Tribal government.--The term ``Tribal government'' means the recognized governing body of any Indian or Alaska Native tribe, band, nation, pueblo, village, community, component band, or component reservation, individually identified (including parenthetically) in the list published most recently as of the date of enactment of this Act pursuant to section 104 of the Federally Recognized Indian Tribe List Act of 1994 (25 U.S.C. 5131). (b) <<NOTE: Grants.>> Establishment.--The Secretary shall establish a discretionary grant program, to be known as the ``Healthy Streets program'', to provide grants to eligible entities-- (1) to deploy cool pavements and porous pavements; and (2) to expand tree cover. (c) Goals.--The goals of the program are-- (1) to mitigate urban heat islands; (2) to improve air quality; and (3) to reduce-- (A) the extent of impervious surfaces; (B) stormwater runoff and flood risks; and (C) heat impacts to infrastructure and road users. (d) Application.-- (1) In general.--To be eligible to receive a grant under the program, an eligible entity shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. (2) Requirements.--The application submitted by an eligible entity under paragraph (1) shall include a description of-- (A) how the eligible entity would use the grant funds; and (B) the contribution that the projects intended to be carried out with grant funds would make to improving the safety, health outcomes, natural environment, and quality of life in low-income communities and disadvantaged communities. (e) Use of Funds.--An eligible entity that receives a grant under the program may use the grant funds for 1 or more of the following activities: (1) <<NOTE: Assessment.>> Conducting an assessment of urban heat islands to identify hot spot areas of extreme heat or elevated air pollution. (2) <<NOTE: Assessment.>> Conducting a comprehensive tree canopy assessment, which shall assess the current tree locations and canopy, including-- (A) <<NOTE: Inventory.>> an inventory of the location, species, condition, and health of existing tree canopies and trees on public facilities; and (B) an identification of-- [[Page 135 STAT. 577]] (i) the locations where trees need to be replaced; (ii) empty tree boxes or other locations where trees could be added; and (iii) flood-prone locations where trees or other natural infrastructure could mitigate flooding. (3) <<NOTE: Assessment.>> Conducting an equity assessment by mapping tree canopy gaps, flood-prone locations, and urban heat island hot spots as compared to-- (A) pedestrian walkways and public transportation stop locations; (B) low-income communities; and (C) disadvantaged communities. (4) <<NOTE: Plan.>> Planning activities, including developing an investment plan based on the results of the assessments carried out under paragraphs (1), (2), and (3). (5) Purchasing and deploying cool pavements to mitigate urban heat island hot spots. (6) Purchasing and deploying porous pavement to mitigate flooding and stormwater runoff in-- (A) pedestrian-only areas; and (B) areas of low-volume, low-speed vehicular use. (7) Purchasing of trees, site preparation, planting of trees, ongoing maintenance and monitoring of trees, and repairing of storm damage to trees, with priority given to-- (A) to the extent practicable, the planting of native species; and (B) projects located in a neighborhood with lower tree cover or higher maximum daytime summer temperatures compared to surrounding neighborhoods. (8) <<NOTE: Assessment.>> Assessing underground infrastructure and coordinating with local transportation and utility providers. (9) Hiring staff to conduct any of the activities described in paragraphs (1) through (8). (f) Priority.--In awarding grants to eligible entities under the program, the Secretary shall give priority to an eligible entity-- (1) proposing to carry out an activity or project in a low- income community or a disadvantaged community; (2) that has entered into a community benefits agreement with representatives of the community; or (3) that is partnering with a qualified youth or conservation corps (as defined in section 203 of the Public Lands Corps Act of 1993 (16 U.S.C. 1722)). (g) Distribution Requirement.--Of the amounts made available to carry out the program for each fiscal year, not less than 80 percent shall be provided for projects in urbanized areas (as defined in section 101(a) of title 23, United States Code). (h) Federal Share.-- (1) In general.--Except as provided under paragraph (2), the Federal share of the cost of a project carried out under the program shall be 80 percent. (2) <<NOTE: Determination.>> Waiver.--The Secretary may increase the Federal share requirement under paragraph (1) to 100 percent for projects carried out by an eligible entity that demonstrates economic hardship, as determined by the Secretary. (i) Maximum Grant Amount.--An individual grant under this section shall not exceed $15,000,000. [[Page 135 STAT. 578]] (j) Treatment of Projects.--Notwithstanding any other provision of law, a project assisted under this section shall be treated as a project on a Federal-aid highway under chapter 1 of title 23, United States Code. Subtitle E--Miscellaneous SEC. 11501. ADDITIONAL DEPOSITS INTO HIGHWAY TRUST FUND. (a) <<NOTE: Repeal.>> In General.--Section 105 of title 23, United States Code, is repealed. (b) Clerical Amendment.--The analysis for chapter 1 of title 23, United States Code, <<NOTE: 23 USC 101 prec.>> is amended by striking the item relating to section 105. SEC. 11502. <<NOTE: 23 USC 148 note.>> STOPPING THREATS ON PEDESTRIANS. (a) Definition of Bollard Installation Project.--In this section, the term ``bollard installation project'' means a project to install raised concrete or metal posts on a sidewalk adjacent to a roadway that are designed to slow or stop a motor vehicle. (b) <<NOTE: Deadline. Grants.>> Establishment.--Not later than 1 year after the date of enactment of this Act and subject to the availability of appropriations, the Secretary shall establish and carry out a competitive grant pilot program to provide assistance to State departments of transportation and local government entities for bollard installation projects designed to prevent pedestrian injuries and acts of terrorism in areas used by large numbers of pedestrians. (c) <<NOTE: Determination.>> Application.--To be eligible to receive a grant under this section, a State department of transportation or local government entity shall submit to the Secretary an application at such time, in such form, and containing such information as the Secretary determines to be appropriate, which shall include, at a minimum-- (1) a description of the proposed bollard installation project to be carried out; (2) a description of the pedestrian injury or terrorism risks with respect to the proposed installation area; and (3) <<NOTE: Analysis.>> an analysis of how the proposed bollard installation project will mitigate those risks. (d) Use of Funds.--A recipient of a grant under this section may only use the grant funds for a bollard installation project. (e) Federal Share.--The Federal share of the costs of a bollard installation project carried out with a grant under this section may be up to 100 percent. (f) Authorization of Appropriations.--There is authorized to be appropriated to the Secretary to carry out this section $5,000,000 for each of fiscal years 2022 through 2026. (g) Treatment of Projects.--Notwithstanding any other provision of law, a project assisted under this section shall be treated as a project on a Federal-aid highway under chapter 1 of title 23, United States Code. SEC. 11503. <<NOTE: 23 USC 120 note.>> TRANSFER AND SALE OF TOLL CREDITS. (a) Definitions.--In this section: (1) Originating state.--The term ``originating State'' means a State that-- (A) is eligible to use a credit under section 120(i) of title 23, United States Code; and [[Page 135 STAT. 579]] (B) has been selected by the Secretary under subsection (d)(2). (2) Pilot program.--The term ``pilot program'' means the pilot program established under subsection (b). (3) Recipient state.--The term ``recipient State'' means a State that receives a credit by transfer or by sale under this section from an originating State. (4) State.--The term ``State'' has the meaning given the term in section 101(a) of title 23, United States Code. (b) Establishment of Pilot Program.--The Secretary shall establish and implement a toll credit exchange pilot program in accordance with this section. (c) Purposes.--The purposes of the pilot program are-- (1) to identify the extent of the demand to purchase toll credits; (2) to identify the cash price of toll credits through bilateral transactions between States; (3) to analyze the impact of the purchase or sale of toll credits on transportation expenditures; (4) to test the feasibility of expanding the pilot program to allow all States to participate on a permanent basis; and (5) to identify any other repercussions of the toll credit exchange. (d) Selection of Originating States.-- (1) <<NOTE: Verification.>> Application.--In order to participate in the pilot program as an originating State, a State shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require, including, at a minimum, such information as is required for the Secretary to verify-- (A) the amount of unused toll credits for which the State has submitted certification to the Secretary that are available to be sold or transferred under the pilot program, including-- (i) toll revenue generated and the sources of that revenue; (ii) toll revenue used by public, quasi- public, and private agencies to build, improve, or maintain highways, bridges, or tunnels that serve the public purpose of interstate commerce; and (iii) an accounting of any Federal funds used by the public, quasi-public, or private agency to build, improve, or maintain the toll facility, to validate that the credit has been reduced by a percentage equal to the percentage of the total cost of building, improving, or maintaining the facility that was derived from Federal funds; (B) the documentation of maintenance of effort for toll credits earned by the originating State; and (C) the accuracy of the accounting system of the State to earn and track toll credits. (2) Selection.--Of the States that submit an application under paragraph (1), the Secretary may select not more than 10 States to be designated as an originating State. (3) Limitation on sales.--At any time, the Secretary may limit the amount of unused toll credits that may be offered for sale under the pilot program. [[Page 135 STAT. 580]] (e) Transfer or Sale of Credits.-- (1) In general.--In carrying out the pilot program, the Secretary shall provide that an originating State may transfer or sell to a recipient State a credit not previously used by the originating State under section 120(i) of title 23, United States Code. (2) <<NOTE: Public information.>> Website support.--The Secretary shall make available a publicly accessible website on which originating States shall post the amount of toll credits, verified under subsection (d)(1)(A), that are available for sale or transfer to a recipient State. (3) Bilateral transactions.--An originating State and a recipient State may enter into a bilateral transaction to sell or transfer verified toll credits. (4) <<NOTE: Deadline.>> Notification.--Not later than 30 days after the date on which a credit is transferred or sold, the originating State and the recipient State shall jointly submit to the Secretary a written notification of the transfer or sale, including details on-- (A) the amount of toll credits that have been sold or transferred; (B) the price paid or other value transferred in exchange for the toll credits; (C) the intended use by the recipient State of the toll credits, if known; (D) the intended use by the originating State of the cash or other value transferred; (E) an update on the toll credit balance of the originating State and the recipient State; and (F) any other information about the transaction that the Secretary may require. (5) Use of credits by transferee or purchaser.--A recipient State may use a credit received under paragraph (1) toward the non-Federal share requirement for any funds made available to carry out title 23 or chapter 53 of title 49, United States Code, in accordance with section 120(i) of title 23, United States Code. (6) Use of proceeds from sale of credits.--An originating State shall use the proceeds from the sale of a credit under paragraph (1) for the construction costs of any project in the originating State that is eligible under title 23, United States Code. (f) Reporting Requirements.-- (1) Initial report.--Not later than 1 year after the date on which the pilot program is established, the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on the progress of the pilot program. (2) Final report.--Not later than 3 years after the date on which the pilot program is established, the Secretary shall-- (A) submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report that-- (i) <<NOTE: Determination.>> determines whether a toll credit marketplace is viable and cost-effective; [[Page 135 STAT. 581]] (ii) describes the buying and selling activities under the pilot program; (iii) describes the average sale price of toll credits; (iv) <<NOTE: Determination.>> determines whether the pilot program could be expanded to more States or all States or to non-State operators of toll facilities; (v) provides updated information on the toll credit balance accumulated by each State; and (vi) describes the list of projects that were assisted by the pilot program; and (B) <<NOTE: Public information. Web posting.>> make the report under subparagraph (A) publicly available on the website of the Department. (g) Termination.-- (1) <<NOTE: Determination.>> In general.--The Secretary may terminate the pilot program or the participation of any State in the pilot program if the Secretary determines that-- (A) the pilot program is not serving a public benefit; or (B) it is not cost effective to carry out the pilot program. (2) Procedures.--The termination of the pilot program or the participation of a State in the pilot program shall be carried out consistent with Federal requirements for project closeout, adjustment, and continuing responsibilities. SEC. 11504. STUDY OF IMPACTS ON ROADS FROM SELF-DRIVING VEHICLES. (a) <<NOTE: Deadline.>> In General.--Not later than 60 days after the date of enactment of this Act, the Secretary shall initiate a study on the existing and future impacts of self-driving vehicles to transportation infrastructure, mobility, the environment, and safety, including impacts on-- (1) the Interstate System (as defined in section 101(a) of title 23, United States Code); (2) urban roads; (3) rural roads; (4) corridors with heavy traffic congestion; (5) transportation systems optimization; and (6) any other areas or issues relevant to operations of the Federal Highway Administration that the Secretary determines to be appropriate. (b) <<NOTE: Recommenda- tions. Rural and urban areas.>> Contents of Study.--The study under subsection (a) shall include specific recommendations for both rural and urban communities regarding the impacts of self-driving vehicles on existing transportation system capacity. (c) Considerations.--In carrying out the study under subsection (a), the Secretary shall-- (1) <<NOTE: Recommenda- tions.>> consider the need for and recommend any policy changes to be undertaken by the Federal Highway Administration on the impacts of self-driving vehicles as identified under paragraph (2); and (2) for both rural and urban communities, include a discussion of-- (A) the impacts that self-driving vehicles will have on existing transportation infrastructure, such as signage and markings, traffic lights, and highway capacity and design; (B) the impact on commercial and private traffic flows; [[Page 135 STAT. 582]] (C) infrastructure improvement needs that may be necessary for transportation infrastructure to accommodate self-driving vehicles; (D) the impact of self-driving vehicles on the environment, congestion, and vehicle miles traveled; and (E) the impact of self-driving vehicles on mobility. (d) Coordination.--In carrying out the study under subsection (a), the Secretary shall consider and incorporate relevant current and ongoing research of the Department. (e) Consultation.--In carrying out the study under subsection (a), the Secretary shall convene and consult with a panel of national experts in both rural and urban transportation, including-- (1) operators and users of the Interstate System (as defined in section 101(a) of title 23, United States Code), including private sector stakeholders; (2) States and State departments of transportation; (3) metropolitan planning organizations; (4) the motor carrier industry; (5) representatives of public transportation agencies or organizations; (6) highway safety and academic groups; (7) nonprofit entities with experience in transportation policy; (8) National Laboratories (as defined in section 2 of the Energy Policy Act of 2005 (42 U.S.C. 15801)); (9) environmental stakeholders; and (10) self-driving vehicle producers, manufacturers, and technology developers. (f) Report.--Not later than 1 year after the date on which the study under subsection (a) is initiated, the Secretary shall submit a report on the results of the study to-- (1) the Committee on Environment and Public Works of the Senate; and (2) the Committee on Transportation and Infrastructure of the House of Representatives. SEC. 11505. DISASTER RELIEF MOBILIZATION STUDY. (a) Definition of Local Community.--In this section, the term ``local community'' means-- (1) a unit of local government; (2) a political subdivision of a State or local government; (3) a metropolitan planning organization (as defined in section 134(b) of title 23, United States Code); (4) a rural planning organization; or (5) a Tribal government. (b) Study.-- (1) <<NOTE: Determination.>> In general.--The Secretary shall carry out a study to determine the utility of incorporating the use of bicycles into the disaster preparedness and disaster response plans of local communities. (2) Requirements.--The study carried out under paragraph (1) shall include-- (A) <<NOTE: Assessment.>> a vulnerability assessment of the infrastructure in local communities as of the date of enactment of this Act that supports active transportation, including bicycling, walking, and personal mobility devices, with a particular focus on areas in local communities that-- [[Page 135 STAT. 583]] (i) have low levels of vehicle ownership; and (ii) lack sufficient active transportation infrastructure routes to public transportation; (B) <<NOTE: Evaluation.>> an evaluation of whether disaster preparedness and disaster response plans should include the use of bicycles by first responders, emergency workers, and community organization representatives-- (i) during a mandatory or voluntary evacuation ordered by a Federal, State, Tribal, or local government entity-- (I) to notify residents of the need to evacuate; (II) to evacuate individuals and goods; and (III) to reach individuals who are in need of first aid and medical assistance; and (ii) after a disaster or emergency declared by a Federal, State, Tribal, or local government entity-- (I) to participate in search and rescue activities; (II) to carry commodities to be used for life-saving or life-sustaining purposes, including-- (aa) water; (bb) food; (cc) first aid and other medical supplies; and (dd) power sources and electric supplies, such as cell phones, radios, lights, and batteries; (III) to reach individuals who are in need of the commodities described in subclause (II); and (IV) to assist with other disaster relief tasks, as appropriate; and (C) <<NOTE: Review.>> a review of training programs for first responders, emergency workers, and community organization representatives relating to-- (i) competent bicycle skills, including the use of cargo bicycles and electric bicycles, as applicable; (ii) basic bicycle maintenance; (iii) compliance with relevant traffic safety laws; (iv) methods to use bicycles to carry out the activities described in clauses (i) and (ii) of subparagraph (2)(B); and (v) exercises conducted for the purpose of-- (I) exercising the skills described in clause (i); and (II) maintaining bicycles and related equipment. (c) Report.--Not later than 2 years after the date of enactment of this Act, the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report that-- (1) describes the results of the study carried out under subsection (b); and (2) <<NOTE: Recommenda- tions.>> provides recommendations, if any, relating to-- (A) the methods by which to incorporate bicycles into disaster preparedness and disaster response plans of local communities; and [[Page 135 STAT. 584]] (B) improvements to training programs described in subsection (b)(2)(C). SEC. 11506. APPALACHIAN REGIONAL COMMISSION. (a) Definitions.--Section 14102(a)(1) of title 40, United States Code, is amended-- (1) in subparagraph (G)-- (A) by inserting ``Catawba,'' after ``Caldwell,''; and (B) by inserting ``Cleveland,'' after ``Clay,''; (2) in subparagraph (J), by striking ``and Spartanburg'' and inserting ``Spartanburg, and Union''; and (3) in subparagraph (M), by inserting ``, of which the counties of Brooke, Hancock, Marshall, and Ohio shall be considered to be located in the North Central subregion'' after ``West Virginia''. (b) Functions.--Section 14303(a) of title 40, United States Code, is amended-- (1) in paragraph (9), by striking ``and'' at the end; (2) in paragraph (10), by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following: ``(11) support broadband access in the Appalachian region.''. (c) Congressional Notification.-- (1) In general.--Subchapter II of chapter 143 of subtitle IV of title 40, United States Code, is amended by adding at the end the following: ``Sec. 14323. <<NOTE: 40 USC 14323.>> Congressional notification ``(a) <<NOTE: Time period.>> In General.--In the case of a project described in subsection (b), the Appalachian Regional Commission shall provide to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate notice of the award of a grant or other financial assistance not less than 3 full business days before awarding the grant or other financial assistance. ``(b) Projects Described.--A project referred to in subsection (a) is a project that the Appalachian Regional Commission has selected to receive a grant or other financial assistance under this subtitle in an amount not less than $50,000.''. (2) Clerical amendment.--The analysis for subchapter II of chapter 143 of subtitle IV of title 40, United States Code, <<NOTE: 40 USC 14301 prec.>> is amended by adding at the end the following: ``14323. Congressional notification.''. (d) High-speed Broadband Deployment Initiative.--Section 14509 of title 40, United States Code, is amended-- (1) by striking subsection (a) and inserting the following: ``(a) <<NOTE: Grants. Contracts.>> In General.--The Appalachian Regional Commission may provide technical assistance, make grants, enter into contracts, or otherwise provide amounts to individuals or entities in the Appalachian region for projects and activities to increase affordable access to broadband networks throughout the Appalachian region.''; (2) by redesignating subsections (b) through (d) as subsections (c) through (e), respectively; (3) by inserting after subsection (a) the following: ``(b) Eligible Projects and Activities.--A project or activity eligible to be carried out under this section is a project or activity-- [[Page 135 STAT. 585]] ``(1) to conduct research, analysis, and training to increase broadband adoption efforts in the Appalachian region; or ``(2) for the construction and deployment of broadband service-related infrastructure in the Appalachian region.''; (4) in subsection (d) (as so redesignated), in the matter preceding paragraph (1), by striking ``subsection (b)'' and inserting ``subsection (c)''; and (5) by adding at the end the following: ``(f) Request for Data.--Before making a grant for a project or activity described in subsection (b)(2), the Appalachian Regional Commission shall request from the Federal Communications Commission, the National Telecommunications and Information Administration, the Economic Development Administration, and the Department of Agriculture data on-- ``(1) the level and extent of broadband service that exists in the area proposed to be served by the broadband service- related infrastructure; and ``(2) the level and extent of broadband service that will be deployed in the area proposed to be served by the broadband service-related infrastructure pursuant to another Federal program. ``(g) Requirement.--For each fiscal year, not less than 65 percent of the amounts made available to carry out this section shall be used for grants for projects and activities described in subsection (b)(2).''. (e) Appalachian Regional Energy Hub Initiative.-- (1) In general.--Subchapter I of chapter 145 of subtitle IV of title 40, United States Code, is amended by adding at the end the following: ``Sec. 14511. <<NOTE: 40 USC 14511.>> Appalachian regional energy hub initiative ``(a) <<NOTE: Grants. Contracts.>> In General.--The Appalachian Regional Commission may provide technical assistance to, make grants to, enter into contracts with, or otherwise provide amounts to individuals or entities in the Appalachian region for projects and activities-- ``(1) to conduct research and analysis regarding the economic impact of an ethane storage hub in the Appalachian region that supports a more-effective energy market performance due to the scale of the project, such as a project with the capacity to store and distribute more than 100,000 barrels per day of hydrocarbon feedstock with a minimum gross heating value of 1,700 Btu per standard cubic foot; ``(2) with the potential to significantly contribute to the economic resilience of the area in which the project is located; and ``(3) that will help establish a regional energy hub in the Appalachian region for natural gas and natural gas liquids, including hydrogen produced from the steam methane reforming of natural gas feedstocks. ``(b) Limitation on Available Amounts.--Of the cost of any project or activity eligible for a grant under this section-- ``(1) except as provided in paragraphs (2) and (3), not more than 50 percent may be provided from amounts made available to carry out this section; ``(2) in the case of a project or activity to be carried out in a county for which a distressed county designation is in effect under section 14526, not more than 80 percent may [[Page 135 STAT. 586]] be provided from amounts made available to carry out this section; and ``(3) in the case of a project or activity to be carried out in a county for which an at-risk county designation is in effect under section 14526, not more than 70 percent may be provided from amounts made available to carry out this section. ``(c) Sources of Assistance.--Subject to subsection (b), a grant provided under this section may be provided from amounts made available to carry out this section, in combination with amounts made available-- ``(1) under any other Federal program; or ``(2) from any other source. ``(d) Federal Share.--Notwithstanding any provision of law limiting the Federal share under any other Federal program, amounts made available to carry out this section may be used to increase that Federal share, as the Appalachian Regional Commission determines to be appropriate.''. (2) Clerical amendment.--The analysis for subchapter I of chapter 145 of title 40, United States Code, <<NOTE: 40 USC 14501 prec.>> is amended by adding at the end the following: ``14511. Appalachian regional energy hub initiative.''. (f) Authorization of Appropriations.--Section 14703 of title 40, United States Code, is amended-- (1) in subsection (a)-- (A) in paragraph (4), by striking ``and'' at the end; (B) in paragraph (5), by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following: ``(6) $200,000,000 for each of fiscal years 2022 through 2026.''; (2) in subsection (c), by striking ``$10,000,000 may be used to carry out section 14509 for each of fiscal years 2016 through 2021'' and inserting ``$20,000,000 may be used to carry out section 14509 for each of fiscal years 2022 through 2026''; (3) by redesignating subsections (d) and (e) as subsections (e) and (f), respectively; and (4) by inserting after subsection (c) the following: ``(d) Appalachian Regional Energy Hub Initiative.--Of the amounts made available under subsection (a), $5,000,000 shall be used to carry out section 14511 for each of fiscal years 2022 through 2026.''. (g) Termination.--Section 14704 of title 40, United States Code, is amended by striking ``2021'' and inserting ``2026''. SEC. 11507. DENALI COMMISSION. (a) Denali Access System Program.--Notwithstanding subsection (j) of section 309 of the Denali Commission Act of 1998 (42 U.S.C. 3121 note; Public Law 105-277), there is authorized to be appropriated $20,000,000 for each of fiscal years 2022 through 2026 to carry out that section. (b) Transfers of Funds.--Section 311(c) of the Denali Commission Act of 1998 (42 U.S.C. 3121 note; Public Law 105-277) is amended-- (1) in paragraph (1), by striking ``and'' at the end; (2) in paragraph (2), by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following: [[Page 135 STAT. 587]] ``(3) notwithstanding any other provision of law, shall-- ``(A) be treated as if directly appropriated to the Commission and subject to applicable provisions of this Act; and ``(B) not be subject to any requirements that applied to the funds before the transfer, including a requirement in an appropriations Act or a requirement or regulation of the Federal agency from which the funds are transferred.''. SEC. 11508. <<NOTE: 23 USC 106 note.>> REQUIREMENTS FOR TRANSPORTATION PROJECTS CARRIED OUT THROUGH PUBLIC-PRIVATE PARTNERSHIPS. (a) Definitions.--In this section: (1) Project.--The term ``project'' means a project (as defined in section 101 of title 23, United States Code) that-- (A) is carried out, in whole or in part, using Federal financial assistance; and (B) has an estimated total cost of $100,000,000 or more. (2) Public-private partnership.--The term ``public-private partnership'' means an agreement between a public agency and a private entity to finance, build, and maintain or operate a project. (b) <<NOTE: Deadline.>> Requirements for Projects Carried Out Through Public-private Partnerships.--With respect to a public-private partnership, as a condition of receiving Federal financial assistance for a project, the Secretary shall require the public partner, not later than 3 years after the date of opening of the project to traffic-- (1) <<NOTE: Reviews. Compliance.>> to conduct a review of the project, including a review of the compliance of the private partner with the terms of the public-private partnership agreement; (2)(A) <<NOTE: Certification.>> to certify to the Secretary that the private partner of the public-private partnership is meeting the terms of the public-private partnership agreement for the project; or (B) <<NOTE: Notification.>> to notify the Secretary that the private partner of the public-private partnership has not met 1 or more of the terms of the public-private partnership agreement for the project, including a brief description of each violation of the public-private partnership agreement; and (3) <<NOTE: Public information.>> to make publicly available the certification or notification, as applicable, under paragraph (2) in a form that does not disclose any proprietary or confidential business information. (c) <<NOTE: Deadline.>> Notification.--If the Secretary provides Federal financial assistance to a project carried out through a public- private partnership, not later than 30 days after the date on which the Federal financial assistance is first obligated, the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a notification of the Federal financial assistance made available for the project. (d) Value for Money Analysis.-- (1) Project approval and oversight.--Section 106(h)(3) of title 23, United States Code, is amended-- (A) in subparagraph (C), by striking ``and'' at the end; [[Page 135 STAT. 588]] (B) by redesignating subparagraph (D) as subparagraph (E); and (C) by inserting after subparagraph (C) the following: ``(D) <<NOTE: Analysis.>> for a project in which the project sponsor intends to carry out the project through a public-private partnership agreement, shall include a detailed value for money analysis or similar comparative analysis for the project; and''. (2) Surface transportation block grant program.--Paragraph (21) of section 133(b) of title 23, United States Code (as redesignated by section 1109(a)(1)(C)), is amended by inserting ``, including conducting value for money analyses or similar comparative analyses,'' after ``oversight''. (3) TIFIA.--Section 602(a) of title 23, United States Code, is amended by adding at the end the following: ``(11) Public-private partnerships.--In the case of a project to be carried out through a public-private partnership, the public partner shall have-- ``(A) <<NOTE: Analysis.>> conducted a value for money analysis or similar comparative analysis; and ``(B) <<NOTE: Determination.>> determined the appropriateness of the public-private partnership agreement.''. (e) Applicability.--This section and the amendments made by this section shall only apply to a public-private partnership agreement entered into on or after the date of enactment of this Act. SEC. 11509. <<NOTE: 23 USC 101 note.>> RECONNECTING COMMUNITIES PILOT PROGRAM. (a) Definition of Eligible Facility.-- (1) In general.--In this section, the term ``eligible facility'' means a highway or other transportation facility that creates a barrier to community connectivity, including barriers to mobility, access, or economic development, due to high speeds, grade separations, or other design factors. (2) Inclusions.--In this section, the term ``eligible facility'' may include-- (A) a limited access highway; (B) a viaduct; and (C) any other principal arterial facility. (b) Establishment.--The Secretary shall establish a pilot program through which an eligible entity may apply for funding, in order to restore community connectivity-- (1) <<NOTE: Study.>> to study the feasibility and impacts of removing, retrofitting, or mitigating an existing eligible facility; (2) to conduct planning activities necessary to design a project to remove, retrofit, or mitigate an existing eligible facility; and (3) to conduct construction activities necessary to carry out a project to remove, retrofit, or mitigate an existing eligible facility. (c) Planning Grants.-- (1) Eligible entities.--The Secretary may award a grant (referred to in this section as a ``planning grant'') to carry out planning activities described in paragraph (2) to-- (A) a State; (B) a unit of local government; (C) a Tribal government; [[Page 135 STAT. 589]] (D) a metropolitan planning organization; and (E) a nonprofit organization. (2) Eligible activities described.--The planning activities referred to in paragraph (1) are-- (A) planning studies to evaluate the feasibility of removing, retrofitting, or mitigating an existing eligible facility to restore community connectivity, including evaluations of-- (i) current traffic patterns on the eligible facility proposed for removal, retrofit, or mitigation and the surrounding street network; (ii) the capacity of existing transportation networks to maintain mobility needs; (iii) an analysis of alternative roadway designs or other uses for the right-of-way of the eligible facility, including an analysis of whether the available right-of-way would suffice to create an alternative roadway design; (iv) the effect of the removal, retrofit, or mitigation of the eligible facility on the mobility of freight and people; (v) the effect of the removal, retrofit, or mitigation of the eligible facility on the safety of the traveling public; (vi) the cost to remove, retrofit, or mitigate the eligible facility-- (I) to restore community connectivity; and (II) to convert the eligible facility to a different roadway design or use, compared to any expected costs for necessary maintenance or reconstruction of the eligible facility; (vii) the anticipated economic impact of removing, retrofitting, or mitigating and converting the eligible facility and any economic development opportunities that would be created by removing, retrofitting, or mitigating and converting the eligible facility; and (viii) the environmental impacts of retaining or reconstructing the eligible facility and the anticipated effect of the proposed alternative use or roadway design; (B) public engagement activities to provide opportunities for public input into a plan to remove and convert an eligible facility; and (C) <<NOTE: Determination.>> other transportation planning activities required in advance of a project to remove, retrofit, or mitigate an existing eligible facility to restore community connectivity, as determined by the Secretary. (3) Technical assistance program.-- (A) In general.--The Secretary may provide technical assistance described in subparagraph (B) to an eligible entity. (B) Technical assistance described.--The technical assistance referred to in subparagraph (A) is technical assistance in building organizational or community capacity-- (i) to engage in transportation planning; and [[Page 135 STAT. 590]] (ii) to identify innovative solutions to infrastructure challenges, including reconnecting communities that-- (I) are bifurcated by eligible facilities; or (II) lack safe, reliable, and affordable transportation choices. (C) Priorities.--In selecting recipients of technical assistance under subparagraph (A), the Secretary shall give priority to an application from a community that is economically disadvantaged. (4) Selection.--The Secretary shall-- (A) solicit applications for-- (i) planning grants; and (ii) technical assistance under paragraph (3); and (B) <<NOTE: Evaluation.>> evaluate applications for a planning grant on the basis of the demonstration by the applicant that-- (i) <<NOTE: Time period.>> the eligible facility is aged and is likely to need replacement or significant reconstruction within the 20-year period beginning on the date of the submission of the application; (ii) the eligible facility-- (I) creates barriers to mobility, access, or economic development; or (II) is not justified by current and forecast future travel demand; and (iii) on the basis of preliminary investigations into the feasibility of removing, retrofitting, or mitigating the eligible facility to restore community connectivity, further investigation is necessary and likely to be productive. (5) Award amounts.--A planning grant may not exceed $2,000,000 per recipient. (6) Federal share.--The total Federal share of the cost of a planning activity for which a planning grant is used shall not exceed 80 percent. (d) Capital Construction Grants.-- (1) Eligible entities.--The Secretary may award a grant (referred to in this section as a ``capital construction grant'') to the owner of an eligible facility to carry out an eligible project described in paragraph (3) for which all necessary feasibility studies and other planning activities have been completed. (2) Partnerships.--An owner of an eligible facility may, for the purposes of submitting an application for a capital construction grant, if applicable, partner with-- (A) a State; (B) a unit of local government; (C) a Tribal government; (D) a metropolitan planning organization; or (E) a nonprofit organization. (3) Eligible projects.--A project eligible to be carried out with a capital construction grant includes-- (A) the removal, retrofit, or mitigation of an eligible facility; and (B) the replacement of an eligible facility with a new facility that-- (i) restores community connectivity; and (ii) is-- [[Page 135 STAT. 591]] (I) sensitive to the context of the surrounding community; and (II) otherwise eligible for funding under title 23, United States Code. (4) Selection.--The Secretary shall-- (A) solicit applications for capital construction grants; and (B) <<NOTE: Evaluation.>> evaluate applications on the basis of-- (i) the degree to which the project will improve mobility and access through the removal of barriers; (ii) the appropriateness of removing, retrofitting, or mitigating the eligible facility, based on current traffic patterns and the ability of the replacement facility and the regional transportation network to absorb transportation demand and provide safe mobility and access; (iii) the impact of the project on freight movement; (iv) the results of a cost-benefit analysis of the project; (v) the opportunities for inclusive economic development; (vi) the degree to which the eligible facility is out of context with the current or planned land use; (vii) the results of any feasibility study completed for the project; and (viii) the plan of the applicant for-- (I) employing residents in the area impacted by the project through targeted hiring programs, in partnership with registered apprenticeship programs, if applicable; and (II) contracting and subcontracting with disadvantaged business enterprises. (5) Minimum award amounts.--A capital construction grant shall be in an amount not less than $5,000,000 per recipient. (6) Federal share.-- (A) In general.--Subject to subparagraph (B), a capital construction grant may not exceed 50 percent of the total cost of the project for which the grant is awarded. (B) Maximum federal involvement.--Federal assistance other than a capital construction grant may be used to satisfy the non-Federal share of the cost of a project for which the grant is awarded, except that the total Federal assistance provided for a project for which the grant is awarded may not exceed 80 percent of the total cost of the project. (7) Community advisory board.-- (A) In general.--To help achieve inclusive economic development benefits with respect to the project for which a grant is awarded, a grant recipient may form a community advisory board, which shall-- (i) facilitate community engagement with respect to the project; and (ii) track progress with respect to commitments of the grant recipient to inclusive employment, contracting, and economic development under the project. [[Page 135 STAT. 592]] (B) Membership.--If a grant recipient forms a community advisory board under subparagraph (A), the community advisory board shall be composed of representatives of-- (i) the community; (ii) owners of businesses that serve the community; (iii) labor organizations that represent workers that serve the community; and (iv) State and local government. (e) Reports.-- (1) <<NOTE: Evaluation.>> USDOT report on program.--Not later than January 1, 2026, the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report that evaluates the program under this section, including-- (A) information about the level of applicant interest in planning grants, technical assistance under subsection (c)(3), and capital construction grants, including the extent to which overall demand exceeded available funds; and (B) for recipients of capital construction grants, the outcomes and impacts of the highway removal project, including-- (i) any changes in the overall level of mobility, congestion, access, and safety in the project area; and (ii) environmental impacts and economic development opportunities in the project area. (2) GAO report on highway removals.--Not later than 2 years after the date of enactment of this Act, the Comptroller General of the United States shall issue a report that-- (A) identifies examples of projects to remove highways using Federal highway funds; (B) <<NOTE: Evaluation.>> evaluates the effect of highway removal projects on the surrounding area, including impacts to the local economy, congestion effects, safety outcomes, and impacts on the movement of freight and people; (C) <<NOTE: Evaluation.>> evaluates the existing Federal-aid program eligibility under title 23, United States Code, for highway removal projects; (D) <<NOTE: Analysis.>> analyzes the costs and benefits of and barriers to removing underutilized highways that are nearing the end of their useful life compared to replacing or reconstructing the highway; and (E) <<NOTE: Recommenda- tions.>> provides recommendations for integrating those assessments into transportation planning and decision-making processes. (f) <<NOTE: Time period.>> Technical Assistance.--Of the funds made available to carry out this section for planning grants, the Secretary may use not more than $15,000,000 during the period of fiscal years 2022 through 2026 to provide technical assistance under subsection (c)(3). (g) Treatment of Projects.--Notwithstanding any other provision of law, a project assisted under this section shall be treated as a project on a Federal-aid highway under chapter 1 of title 23, United States Code. SEC. 11510. <<NOTE: 23 USC 101 note.>> CYBERSECURITY TOOL; CYBER COORDINATOR. (a) Definitions.--In this section: [[Page 135 STAT. 593]] (1) Administrator.--The term ``Administrator'' means the Administrator of the Federal Highway Administration. (2) Cyber incident.--The term ``cyber incident'' has the meaning given the term ``incident'' in section 3552 of title 44, United States Code. (3) Transportation authority.--The term ``transportation authority'' means-- (A) a public authority (as defined in section 101(a) of title 23, United States Code); (B) an owner or operator of a highway (as defined in section 101(a) of title 23, United States Code); (C) a manufacturer that manufactures a product related to transportation; and (D) a division office of the Federal Highway Administration. (b) Cybersecurity Tool.-- (1) <<NOTE: Deadline.>> In general.--Not later than 2 years after the date of enactment of this Act, the Administrator shall develop a tool to assist transportation authorities in identifying, detecting, protecting against, responding to, and recovering from cyber incidents. (2) Requirements.--In developing the tool under paragraph (1), the Administrator shall-- (A) use the cybersecurity framework established by the National Institute of Standards and Technology and required by Executive Order 13636 of February 12, 2013 (78 Fed. Reg. 11739; relating to improving critical infrastructure cybersecurity); (B) establish a structured cybersecurity assessment and development program; (C) coordinate with the Transportation Security Administration and the Cybersecurity and Infrastructure Security Agency; (D) <<NOTE: Consultation.>> consult with appropriate transportation authorities, operating agencies, industry stakeholders, and cybersecurity experts; and (E) <<NOTE: Public comment. Review.>> provide for a period of public comment and review on the tool. (c) Designation of Cyber Coordinator.-- (1) <<NOTE: Deadline.>> In general.--Not later than 2 years after the date of enactment of this Act, the Administrator shall designate an office as a ``cyber coordinator'', which shall be responsible for monitoring, alerting, and advising transportation authorities of cyber incidents. (2) Requirements.--The office designated under paragraph (1) shall, in coordination with the Transportation Security Administration and the Cybersecurity and Infrastructure Security Agency-- (A) provide to transportation authorities a secure method of notifying the Federal Highway Administration of cyber incidents; (B) share the information collected under subparagraph (A) with the Transportation Security Administration and the Cybersecurity and Infrastructure Security Agency; (C) monitor cyber incidents that affect transportation authorities; [[Page 135 STAT. 594]] (D) alert transportation authorities to cyber incidents that affect those transportation authorities; (E) <<NOTE: Investigation.>> investigate unaddressed cyber incidents that affect transportation authorities; and (F) provide to transportation authorities educational resources, outreach, and awareness on fundamental principles and best practices in cybersecurity for transportation systems. SEC. 11511. REPORT ON EMERGING ALTERNATIVE FUEL VEHICLES AND INFRASTRUCTURE. (a) Definitions.--In this section: (1) Emerging alternative fuel vehicle.--The term ``emerging alternative fuel vehicle'' means a vehicle fueled by hydrogen, natural gas, or propane. (2) Emerging alternative fueling infrastructure.--The term ``emerging alternative fueling infrastructure'' means infrastructure for fueling an emerging alternative fuel vehicle. (b) <<NOTE: Public information.>> Report.--Not later than 1 year after the date of enactment of this Act, to help guide future investments for emerging alternative fueling infrastructure, the Secretary shall submit to Congress and make publicly available a report that-- (1) <<NOTE: Evaluation. Time period. Effective date.>> includes an evaluation of emerging alternative fuel vehicles and projections for potential locations of emerging alternative fuel vehicle owners during the 5-year period beginning on the date of submission of the report; (2) <<NOTE: Time period. Effective date.>> identifies areas where emerging alternative fueling infrastructure will be needed to meet the current and future needs of drivers during the 5- year period beginning on the date of submission of the report; (3) identifies specific areas, such as a lack of pipeline infrastructure, that may impede deployment and adoption of emerging alternative fuel vehicles; (4) includes a map that identifies concentrations of emerging alternative fuel vehicles to meet the needs of current and future emerging alternative fueling infrastructure; (5) <<NOTE: Estimates.>> estimates the future need for emerging alternative fueling infrastructure to support the adoption and use of emerging alternative fuel vehicles; and (6) <<NOTE: Evaluation.>> includes a tool to allow States to compare and evaluate different adoption and use scenarios for emerging alternative fuel vehicles, with the ability to adjust factors to account for regionally specific characteristics. SEC. 11512. <<NOTE: Determinations. 23 USC 206 note.>> NONHIGHWAY RECREATIONAL FUEL STUDY. (a) Definitions.--In this section: (1) Highway trust fund.--The term ``Highway Trust Fund'' means the Highway Trust Fund established by section 9503(a) of the Internal Revenue Code of 1986. (2) Nonhighway recreational fuel taxes.--The term ``nonhighway recreational fuel taxes'' means taxes under section 4041 and 4081 of the Internal Revenue Code of 1986 with respect to fuel used in vehicles on recreational trails or back country terrain (including vehicles registered for highway use when used on recreational trails, trail access roads not eligible for funding under title 23, United States Code, or back country terrain). [[Page 135 STAT. 595]] (3) Recreational trails program.--The term ``recreational trails program'' means the recreational trails program under section 206 of title 23, United States Code. (b) Assessment; Report.-- (1) <<NOTE: Deadline. Time period.>> Assessment.--Not later than 1 year after the date of enactment of this Act and not less frequently than once every 5 years thereafter, as determined by the Secretary, the Secretary shall carry out an assessment of the best available estimate of the total amount of nonhighway recreational fuel taxes received by the Secretary of the Treasury and transferred to the Highway Trust Fund for the period covered by the assessment. (2) Report.--After carrying out each assessment under paragraph (1), the Secretary shall submit to the Committees on Finance and Environment and Public Works of the Senate and the Committees on Ways and Means and Transportation and Infrastructure of the House of Representatives a report that includes-- (A) to assist Congress in determining an appropriate funding level for the recreational trails program-- (i) a description of the results of the assessment; and (ii) <<NOTE: Evaluation.>> an evaluation of whether the current recreational trails program funding level reflects the amount of nonhighway recreational fuel taxes collected and transferred to the Highway Trust Fund; and (B) <<NOTE: Estimate. Time period.>> in the case of the first report submitted under this paragraph, an estimate of the frequency with which the Secretary anticipates carrying out the assessment under paragraph (1), subject to the condition that such an assessment shall be carried out not less frequently than once every 5 years. (c) Consultation.--In carrying out an assessment under subsection (b)(1), the Secretary may consult with, as the Secretary determines to be appropriate-- (1) the heads of-- (A) State agencies designated by Governors pursuant to section 206(c)(1) of title 23, United States Code, to administer the recreational trails program; and (B) division offices of the Department; (2) the Secretary of the Treasury; (3) the Administrator of the Federal Highway Administration; and (4) groups representing recreational activities and interests, including hiking, biking and mountain biking, horseback riding, water trails, snowshoeing, cross-country skiing, snowmobiling, off-highway motorcycling, all-terrain vehicles and other offroad motorized vehicle activities, and recreational trail advocates. SEC. 11513. BUY AMERICA. Section 313 of title 23, United States Code, is amended-- (1) by redesignating subsection (g) as subsection (h); and (2) by inserting after subsection (f) the following: ``(g) Waivers.-- ``(1) <<NOTE: Deadline.>> In general.--Not less than 15 days before issuing a waiver under this section, the Secretary shall provide to the public-- [[Page 135 STAT. 596]] ``(A) <<NOTE: Notice.>> notice of the proposed waiver; ``(B) <<NOTE: Public comment.>> an opportunity for comment on the proposed waiver; and ``(C) the reasons for the proposed waiver. ``(2) Report.--Not less frequently than annually, the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on the waivers provided under this section.''. SEC. 11514. <<NOTE: State listing.>> HIGH PRIORITY CORRIDORS ON THE NATIONAL HIGHWAY SYSTEM. (a) High Priority Corridors.--Section 1105(c) of the Intermodal Surface Transportation Efficiency Act of 1991 (Public Law 102-240; 105 Stat. 2032; 133 Stat. 3018) is amended-- (1) by striking paragraph (84) and inserting the following: ``(84) The Central Texas Corridor, including the route-- ``(A) commencing in the vicinity of Texas Highway 338 in Odessa, Texas, running eastward generally following Interstate Route 20, connecting to Texas Highway 158 in the vicinity of Midland, Texas, then following Texas Highway 158 eastward to United States Route 87 and then following United States Route 87 southeastward, passing in the vicinity of San Angelo, Texas, and connecting to United States Route 190 in the vicinity of Brady, Texas; ``(B) commencing at the intersection of Interstate Route 10 and United States Route 190 in Pecos County, Texas, and following United States Route 190 to Brady, Texas; ``(C) following portions of United States Route 190 eastward, passing in the vicinity of Fort Hood, Killeen, Belton, Temple, Bryan, College Station, Huntsville, Livingston, Woodville, and Jasper, to the logical terminus of Texas Highway 63 at the Sabine River Bridge at Burrs Crossing and including a loop generally encircling Bryan/College Station, Texas; ``(D) following United States Route 83 southward from the vicinity of Eden, Texas, to a logical connection to Interstate Route 10 at Junction, Texas; ``(E) following United States Route 69 from Interstate Route 10 in Beaumont, Texas, north to United States Route 190 in the vicinity of Woodville, Texas; ``(F) following United States Route 96 from Interstate Route 10 in Beaumont, Texas, north to United States Route 190 in the vicinity of Jasper, Texas; and ``(G) following United States Route 190, State Highway 305, and United States Route 385 from Interstate Route 10 in Pecos County, Texas, to Interstate 20 at Odessa, Texas.''; and (2) by adding at the end the following: ``(92) United States Route 421 from the interchange with Interstate Route 85 in Greensboro, North Carolina, to the interchange with Interstate Route 95 in Dunn, North Carolina. ``(93) The South Mississippi Corridor from the Louisiana and Mississippi border near Natchez, Mississippi, to Gulfport, Mississippi, shall generally follow-- ``(A) United States Route 84 from the Louisiana border at the Mississippi River passing in the vicinity of Natchez, [[Page 135 STAT. 597]] Brookhaven, Monticello, Prentiss, and Collins, Mississippi, to the logical terminus with Interstate Route 59 in the vicinity of Laurel, Mississippi, and continuing on Interstate Route 59 south to the vicinity of Hattiesburg, Mississippi; and ``(B) United States Route 49 from the vicinity of Hattiesburg, Mississippi, south to Interstate Route 10 in the vicinity of Gulfport, Mississippi, following Mississippi Route 601 south and terminating near the Mississippi State Port at Gulfport. ``(94) The Kosciusko to Gulf Coast corridor commencing at the logical terminus of Interstate Route 55 near Vaiden, Mississippi, running south and passing east of the vicinity of the Jackson Urbanized Area, connecting to United States Route 49 north of Hattiesburg, Mississippi, and generally following United States Route 49 to a logical connection with Interstate Route 10 in the vicinity of Gulfport, Mississippi. ``(95) The Interstate Route 22 spur from the vicinity of Tupelo, Mississippi, running south generally along United States Route 45 to the vicinity of Shannon, Mississippi. ``(96) The route that generally follows United States Route 412 from its intersection with Interstate Route 35 in Noble County, Oklahoma, passing through Tulsa, Oklahoma, to its intersection with Interstate Route 49 in Springdale, Arkansas. ``(97) The Louie B. Nunn Cumberland Expressway from the interchange with Interstate Route 65 in Barren County, Kentucky, east to the interchange with United States Highway 27 in Somerset, Kentucky. ``(98) The route that generally follows State Route 7 from Grenada, Mississippi, to Holly Springs, Mississippi, passing in the vicinity of Coffeeville, Water Valley, Oxford, and Abbeville, Mississippi, to its logical connection with Interstate Route 22 in the vicinity of Holly Springs, Mississippi. ``(99) The Central Louisiana Corridor commencing at the logical terminus of Louisiana Highway 8 at the Sabine River Bridge at Burrs Crossing and generally following portions of Louisiana Highway 8 to Leesville, Louisiana, and then eastward on Louisiana Highway 28, passing in the vicinity of Alexandria, Pineville, Walters, and Archie, to the logical terminus of United States Route 84 at the Mississippi River Bridge at Vidalia, Louisiana. ``(100) The Central Mississippi Corridor, including the route-- ``(A) commencing at the logical terminus of United States Route 84 at the Mississippi River and then generally following portions of United States Route 84 passing in the vicinity of Natchez, Brookhaven, Monticello, Prentiss, and Collins, to Interstate Route 59 in the vicinity of Laurel, Mississippi, and continuing on Interstate Route 59 north to Interstate Route 20 and on Interstate Route 20 to the Mississippi- Alabama State border; and ``(B) commencing in the vicinity of Laurel, Mississippi, running south on Interstate Route 59 to United States Route 98 in the vicinity of Hattiesburg, connecting to United States Route 49 south then following United States Route 49 south to Interstate Route 10 in the vicinity of [[Page 135 STAT. 598]] Gulfport and following Mississippi Route 601 southerly terminating near the Mississippi State Port at Gulfport. ``(101) The Middle Alabama Corridor including the route-- ``(A) beginning at the Alabama-Mississippi border generally following portions of I-20 until following a new interstate extension paralleling United States Highway 80, specifically-- ``(B) crossing Alabama Route 28 near Coatopa, Alabama, traveling eastward crossing United States Highway 43 and Alabama Route 69 near Selma, Alabama, traveling eastwards closely paralleling United States Highway 80 to the south crossing over Alabama Routes 22, 41, and 21, until its intersection with I-65 near Hope Hull, Alabama; ``(C) continuing east along the proposed Montgomery Outer Loop south of Montgomery, Alabama where it would next join with I-85 east of Montgomery, Alabama; ``(D) continuing along I-85 east bound until its intersection with United States Highway 280 near Opelika, Alabama or United States Highway 80 near Tuskegee, Alabama; ``(E) generally following the most expedient route until intersecting with existing United States Highway 80 (JR Allen Parkway) through Phenix City until continuing into Columbus, Georgia. ``(102) The Middle Georgia Corridor including the route-- ``(A) beginning at the Alabama-Georgia Border generally following the Fall Line Freeway from Columbus, Georgia to Augusta, Georgia, specifically-- ``(B) travelling along United States Route 80 (JR Allen Parkway) through Columbus, Georgia and near Fort Benning, Georgia, east to Talbot County, Georgia where it would follow Georgia Route 96, then commencing on Georgia Route 49C (Fort Valley Bypass) to Georgia Route 49 (Peach Parkway) to its intersection with Interstate Route 75 in Byron, Georgia; ``(C) continuing north along Interstate Route 75 through Warner Robins and Macon, Georgia where it would meet Interstate Route 16, then following Interstate Route 16 east it would next join United States Route 80 and then onto State Route 57; ``(D) commencing with State Route 57 which turns into State Route 24 near Milledgeville, Georgia would then bypass Wrens, Georgia with a newly constructed bypass, and after the bypass it would join United States Route 1 near Fort Gordon into Augusta, Georgia where it will terminate at Interstate Route 520.''. (b) Designation as Future Interstates.--Section 1105(e)(5)(A) of the Intermodal Surface Transportation Efficiency Act of 1991 (Public Law 102-240; 109 Stat. 597; 133 Stat. 3018) is amended in the first sentence-- (1) by inserting ``subsection (c)(84),'' after ``subsection (c)(83),''; and (2) by striking ``and subsection (c)(91)'' and inserting ``subsection (c)(91), subsection (c)(92), subsection (c)(93)(A), subsection (c)(94), subsection (c)(95), subsection (c)(96), subsection [[Page 135 STAT. 599]] (c)(97), subsection (c)(99), subsection (c)(100), subsection (c)(101), and subsection (c)(102)''. (c) Numbering of Parkway.--Section 1105(e)(5)(C)(i) of the Intermodal Surface Transportation Efficiency Act of 1991 (Public Law 102-240; 109 Stat. 598; 133 Stat. 3018) is amended-- (1) by striking the fifteenth sentence and inserting the following: ``The route referred to in subsection (c)(84)(A) is designated as Interstate Route I-14 North. The route referred to in subsection (c)(84)(B) is designated as Interstate Route I-14 South. The Bryan/College Station, Texas loop referred to in subsection (c)(84)(C) is designated as Interstate Route I- 214.''; and (2) by adding at the end the following: ``The route referred to in subsection (c)(97) is designated as Interstate Route I- 365. The routes referred to in subsections (c)(84)(C), (c)(99), (c)(100), (c)(101), and (c)(102) are designated as Interstate Route I-14. The routes referred to in subparagraphs (D), (E), (F), and (G) of subsection (c)(84) and subparagraph (B) of subsection (c)(100) shall each be given separate Interstate route numbers.''. (d) GAO Report on Designation of Segments as Part of Interstate System.-- (1) Definition of applicable segment.--In this subsection, the term ``applicable segment'' means the route described in paragraph (92) of section 1105(c) of the Intermodal Surface Transportation Efficiency Act of 1991 (Public Law 102-240; 105 Stat. 2032). (2) Report.-- (A) <<NOTE: Time period.>> In general.--Not later than 2 years after the date on which the applicable segment is open for operations as part of the Interstate System, the Comptroller General of the United States shall submit to Congress a report on the impact, if any, during that 2-year period of allowing the continuation of weight limits that applied before the designation of the applicable segment as a route on the Interstate System. (B) Requirements.--The report under subparagraph (A) shall-- (i) be informed by the views and documentation provided by the State highway agency (or equivalent agency) in the State in which the applicable segment is located; (ii) describe any impacts on safety and infrastructure on the applicable segment; (iii) describe any view of the State highway agency (or equivalent agency) in the State in which the applicable segment is located on the impact of the applicable segment; and (iv) focus only on the applicable segment. SEC. 11515. INTERSTATE WEIGHT LIMITS. Section 127 of title 23, United States Code, is amended-- (1) in subsection (l)(3)(A)-- (A) in the matter preceding clause (i), in the first sentence, by striking ``clauses (i) through (iv) of this subparagraph'' and inserting ``clauses (i) through (v)''; and (B) by adding at the end the following: [[Page 135 STAT. 600]] ``(v) <<NOTE: Kentucky.>> The Louie B. Nunn Cumberland Expressway (to be designated as a spur of Interstate Route 65) from the interchange with Interstate Route 65 in Barren County, Kentucky, east to the interchange with United States Highway 27 in Somerset, Kentucky.''; and (2) by adding at the end the following: ``(v) Operation of Vehicles on Certain North Carolina Highways.--If any segment in the State of North Carolina of United States Route 17, United States Route 29, United States Route 52, United States Route 64, United States Route 70, United States Route 74, United States Route 117, United States Route 220, United States Route 264, or United States Route 421 is designated as a route on the Interstate System, a vehicle that could operate legally on that segment before the date of such designation may continue to operate on that segment, without regard to any requirement under subsection (a). ``(w) Operation of Vehicles on Certain Oklahoma Highways.--If any segment of the highway referred to in paragraph (96) of section 1105(c) of the Intermodal Surface Transportation Efficiency Act of 1991 (Public Law 102-240; 105 Stat. 2032) is designated as a route on the Interstate System, a vehicle that could operate legally on that segment before the date of such designation may continue to operate on that segment, without any regard to any requirement under this section.''. SEC. 11516. <<NOTE: Evaluations.>> REPORT ON AIR QUALITY IMPROVEMENTS. (a) In General.--Not later than 3 years after the date of enactment of this Act, the Comptroller General of the United States shall submit a report that evaluates the congestion mitigation and air quality improvement program under section 149 of title 23, United States Code (referred to in this section as the ``program''), to-- (1) the Committee on Environment and Public Works of the Senate; and (2) the Committee on Transportation and Infrastructure of the House of Representatives. (b) Contents.--The evaluation under subsection (a) shall include an evaluation of-- (1) the reductions of ozone, carbon monoxide, and particulate matter that result from projects under the program; (2) the cost-effectiveness of the reductions described in paragraph (1); (3) the result of investments of funding under the program in minority and low-income communities that are disproportionately affected by ozone, carbon monoxide, and particulate matter; (4) the effectiveness, with respect to the attainment or maintenance of national ambient air quality standards under section 109 of the Clean Air Act (42 U.S.C. 7409) for ozone, carbon monoxide, and particulate matter, of performance measures established under section 150(c)(5) of title 23, United States Code, and performance targets established under subsection (d) of that section for traffic congestion and on-road mobile source emissions; (5) the extent to which there are any types of projects that are not eligible funding under the program that would [[Page 135 STAT. 601]] be likely to contribute to the attainment or maintenance of the national ambient air quality standards described in paragraph (4); and (6) the extent to which projects under the program reduce sulfur dioxide, nitrogen dioxide, and lead. SEC. 11517. <<NOTE: 23 USC 109 note.>> ROADSIDE HIGHWAY SAFETY HARDWARE. (a) <<NOTE: Verification. Determination.>> In General.--To the maximum extent practicable, the Secretary shall develop a process for third party verification of full-scale crash testing results from crash test labs, including a method for formally verifying the testing outcomes and providing for an independent pass/fail determination. In establishing such a process, the Secretary shall seek to ensure the independence of crash test labs by ensuring that those labs have a clear separation between device development and testing in cases in which lab employees test devices that were developed within the parent organization of the employee. (b) Continued Issuance of Eligibility Letters.--Until the implementation of the process described in subsection (a) is complete, the Secretary may, and is encouraged to, ensure that the Administrator of the Federal Highway Administration continues to issue Federal-aid reimbursement eligibility letters for roadside safety hardware as a service to States. (c) Report to Congress.-- (1) <<NOTE: Time period.>> In general.--If the Secretary seeks to discontinue issuing the letters described in subsection (b), the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report at least 1 year before discontinuing the letters. (2) <<NOTE: Summary.>> Inclusions.--The report described in paragraph (1) shall include a summary of the third-party verification process described in subsection (a) that will replace the Federal Highway Administration issuance of eligibility letters and any other relevant information that the Secretary deems necessary. SEC. 11518. PERMEABLE PAVEMENTS STUDY. (a) <<NOTE: Deadline.>> In General.--Not later than 1 year after the date of enactment of this Act, the Secretary shall carry out a study-- (1) to gather existing information on the effects of permeable pavements on flood control in different contexts, including in urban areas, and over the lifetime of the permeable pavement; (2) to perform research to fill gaps in the existing information gathered under paragraph (1); and (3) to develop-- (A) models for the performance of permeable pavements in flood control; and (B) best practices for designing permeable pavement to meet flood control requirements. (b) Data Survey.--In carrying out the study under subsection (a), the Secretary shall develop-- (1) <<NOTE: Summary.>> a summary, based on available literature and models, of localized flood control capabilities of permeable pavement that considers long-term performance and cost information; and [[Page 135 STAT. 602]] (2) best practices for the design of localized flood control using permeable pavement that considers long-term performance and cost information. (c) <<NOTE: Public information.>> Publication.--The Secretary shall make a report describing the results of the study under subsection (a) publicly available. SEC. 11519. <<NOTE: 23 USC 125 note.>> EMERGENCY RELIEF PROJECTS. (a) Definition of Emergency Relief Project.--In this section, the term ``emergency relief project'' means a project carried out under the emergency relief program under section 125 of title 23, United States Code. (b) <<NOTE: Deadline.>> Improving the Emergency Relief Program.-- Not later than 90 days after the date of enactment of this Act, the Secretary shall-- (1) <<NOTE: Revision.>> revise the emergency relief manual of the Federal Highway Administration-- (A) to include and reflect the definition of the term ``resilience'' (as defined in section 101(a) of title 23, United States Code); (B) <<NOTE: Procedures.>> to identify procedures that States may use to incorporate resilience into emergency relief projects; and (C) to encourage the use of Complete Streets design principles and consideration of access for moderate- and low-income families impacted by a declared disaster; (2) develop best practices for improving the use of resilience in-- (A) the emergency relief program under section 125 of title 23, United States Code; and (B) emergency relief efforts; (3) provide to division offices of the Federal Highway Administration and State departments of transportation information on the best practices developed under paragraph (2); and (4) develop and implement a process to track-- (A) the consideration of resilience as part of the emergency relief program under section 125 of title 23, United States Code; and (B) the costs of emergency relief projects. SEC. 11520. STUDY ON STORMWATER BEST MANAGEMENT PRACTICES. (a) <<NOTE: Deadline. Contracts.>> Study.--Not later than 180 days after the date of enactment of this Act, the Secretary and the Administrator of the Environment Protection Agency shall offer to enter into an agreement with the Transportation Research Board of the National Academy of Sciences to conduct a study-- (1) <<NOTE: Estimate.>> to estimate pollutant loads from stormwater runoff from highways and pedestrian facilities eligible for assistance under title 23, United States Code, to inform the development of appropriate total maximum daily load (as defined in section 130.2 of title 40, Code of Federal Regulations (or successor regulations)) requirements; (2) <<NOTE: Recommenda- tions. Regulations. Determination.>> to provide recommendations regarding the evaluation and selection by State departments of transportation of potential stormwater management and total maximum daily load compliance strategies within a watershed, including environmental restoration and pollution abatement carried out under [[Page 135 STAT. 603]] section 328 of title 23, United States Code (including any revisions to law (including regulations) that the Transportation Research Board determines to be appropriate); and (3) <<NOTE: Examination.>> to examine the potential for the Secretary to assist State departments of transportation in carrying out and communicating stormwater management practices for highways and pedestrian facilities that are eligible for assistance under title 23, United States Code, through information-sharing agreements, database assistance, or an administrative platform to provide the information described in paragraphs (1) and (2) to entities issued permits under the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.). (b) Requirements.--If the Transportation Research Board enters into an agreement under subsection (a), in conducting the study under that subsection, the Transportation Research Board shall-- (1) <<NOTE: Review.>> review and supplement, as appropriate, the methodologies examined and recommended in the report of the National Academies of Sciences, Engineering, and Medicine entitled ``Approaches for Determining and Complying with TMDL Requirements Related to Roadway Stormwater Runoff'' and dated 2019; (2) <<NOTE: Consultation.>> consult with-- (A) the Secretary; (B) the Administrator of the Environmental Protection Agency; (C) the Secretary of the Army, acting through the Chief of Engineers; and (D) State departments of transportation; and (3) solicit input from-- (A) stakeholders with experience in implementing stormwater management practices for projects; and (B) educational and technical stormwater management groups. (c) Report.--If the Transportation Research Board enters into an agreement under subsection (a), not later than 18 months after the date of enactment of this Act, the Transportation Research Board shall submit to the Secretary, the Committee on Environment and Public Works of the Senate, and the Committee on Transportation and Infrastructure of the House of Representatives a report describing the results of the study. SEC. 11521. <<NOTE: 23 USC 109 note.>> STORMWATER BEST MANAGEMENT PRACTICES REPORTS. (a) Definitions.--In this section: (1) Administrator.--The term ``Administrator'' means the Administrator of the Federal Highway Administration. (2) Best management practices report.--The term ``best management practices report'' means-- (A) the 2014 report sponsored by the Administrator entitled ``Determining the State of the Practice in Data Collection and Performance Measurement of Stormwater Best Management Practices''; and (B) the 1997 report sponsored by the Administrator entitled ``Stormwater Best Management Practices in an Ultra-Urban Setting: Selection and Monitoring''. (b) <<NOTE: Update.>> Reissuance.--Not later than 1 year after the date of enactment of this Act, the Administrator shall update and reissue each [[Page 135 STAT. 604]] best management practices report to reflect new information and advancements in stormwater management. (c) Updates.--Not less frequently than once every 5 years after the date on which the Administrator reissues a best management practices report described in subsection (b), the Administrator shall update and reissue the best management practices report until the earlier of the date on which-- (1) the best management practices report is withdrawn; or (2) the contents of the best management practices report are incorporated (including by reference) into applicable regulations of the Administrator. SEC. 11522. <<NOTE: 23 USC 329 note.>> INVASIVE PLANT ELIMINATION PROGRAM. (a) Definitions.--In this section: (1) Invasive plant.--The term ``invasive plant'' means a nonnative plant, tree, grass, or weed species, including, at a minimum, cheatgrass, Ventenata dubia, medusahead, bulbous bluegrass, Japanese brome, rattail fescue, Japanese honeysuckle, phragmites, autumn olive, Bradford pear, wild parsnip, sericea lespedeza, spotted knapweed, garlic mustard, and palmer amaranth. (2) Program.--The term ``program'' means the grant program established under subsection (b). (3) Transportation corridor.--The term ``transportation corridor'' means a road, highway, railroad, or other surface transportation route. (b) <<NOTE: Grants.>> Establishment.--The Secretary shall carry out a program to provide grants to States to eliminate or control existing invasive plants or prevent introduction of or encroachment by new invasive plants along and in areas adjacent to transportation corridor rights-of-way. (c) Application.--To be eligible to receive a grant under the program, a State shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. (d) Eligible Activities.-- (1) In general.--Subject to this subsection, a State that receives a grant under the program may use the grant funds to carry out activities to eliminate or control existing invasive plants or prevent introduction of or encroachment by new invasive plants along and in areas adjacent to transportation corridor rights-of-way. (2) Prioritization of projects.--In carrying out the program, the Secretary shall give priority to projects that utilize revegetation with native plants and wildflowers, including those that are pollinator-friendly. (3) Prohibition on certain uses of funds.--Amounts provided to a State under the program may not be used for costs relating to mowing a transportation corridor right-of-way or the adjacent area unless-- (A) mowing is identified as the best means of treatment according to best management practices; or (B) mowing is used in conjunction with another treatment. [[Page 135 STAT. 605]] (4) Limitation.--Not more than 10 percent of the amounts provided to a State under the program may be used for the purchase of equipment. (5) Administrative and indirect costs.--Not more than 5 percent of the amounts provided to a State under the program may be used for the administrative and other indirect costs (such as full time employee salaries, rent, insurance, subscriptions, utilities, and office supplies) of carrying out eligible activities. (e) Requirements.-- (1) Coordination.--In carrying out eligible activities with a grant under the program, a State shall coordinate with-- (A) units of local government, political subdivisions of the State, and Tribal authorities that are carrying out eligible activities in the areas to be treated; (B) local regulatory authorities, in the case of a treatment along or adjacent to a railroad right-of-way; and (C) with respect to the most effective roadside control methods, State and Federal land management agencies and any relevant Tribal authorities. (2) Annual report.--Not later than 1 year after the date on which a State receives a grant under the program, and annually thereafter, that State shall provide to the Secretary an annual report on the treatments carried out using funds from the grant. (f) Federal Share.-- (1) In general.--The Federal share of the cost of an eligible activity carried out using funds from a grant under the program shall be-- (A) in the case of a project that utilizes revegetation with native plants and wildflowers, including those that are pollinator-friendly, 75 percent; and (B) in the case of any other project not described in subparagraph (A), 50 percent. (2) Certain funds counted toward non-federal share.--A State may include amounts expended by the State or a unit of local government in the State to address current invasive plant populations and prevent future infestation along or in areas adjacent to transportation corridor rights-of-way in calculating the non-Federal share required under the program. (g) Funding.--There is authorized to be appropriated to carry out the program $50,000,000 for each of fiscal years 2022 through 2026. SEC. 11523. OVER-THE-ROAD BUS TOLLING EQUITY. Section 129(a) of title 23, United States Code, is amended-- (1) in paragraph (3)(B)(i), by inserting ``, together with the results of the audit under paragraph (9)(C),'' after ``the audits''; and (2) in paragraph (9)-- (A) by striking ``An over-the-road'' and inserting the following: ``(A) In general.--An over-the-road''; (B) in subparagraph (A) (as so designated), by striking ``public transportation buses'' and inserting ``public transportation vehicles''; and [[Page 135 STAT. 606]] (C) by adding at the end the following: ``(B) Reports.-- ``(i) In general.--Not later than 90 days after the date of enactment of this subparagraph, a public authority that operates a toll facility shall report to the Secretary any rates, terms, or conditions for access to the toll facility by public transportation vehicles that differ from the rates, terms, or conditions applicable to over-the-road buses. ``(ii) Updates.--A public authority that operates a toll facility shall report to the Secretary any change to the rates, terms, or conditions for access to the toll facility by public transportation vehicles that differ from the rates, terms, or conditions applicable to over-the-road buses by not later than 30 days after the date on which the change takes effect. ``(iii) <<NOTE: Public information. Web posting.>> Publication.--The Secretary shall publish information reported to the Secretary under clauses (i) and (ii) on a publicly accessible internet website. ``(C) Annual audit.-- ``(i) In general.--A public authority (as defined in section 101(a)) with jurisdiction over a toll facility shall-- ``(I) conduct or have an independent auditor conduct an annual audit of toll facility records to verify compliance with this paragraph; and ``(II) <<NOTE: Reports.>> report the results of the audit, together with the results of the audit under paragraph (3)(B), to the Secretary. ``(ii) <<NOTE: Notice.>> Records.--After providing reasonable notice, a public authority described in clause (i) shall make all records of the public authority pertaining to the toll facility available for audit by the Secretary. ``(iii) <<NOTE: Determination.>> Noncompliance.--If the Secretary determines that a public authority described in clause (i) has not complied with this paragraph, the Secretary may require the public authority to discontinue collecting tolls until an agreement with the Secretary is reached to achieve compliance.''. SEC. 11524. BRIDGE TERMINOLOGY. (a) Condition of NHS Bridges.--Section 119(f)(2) of title 23, United States Code, is amended by striking ``structurally deficient'' each place it appears and inserting ``in poor condition''. (b) National Bridge and Tunnel Inventories.--Section 144(b)(5) of title 23, United States Code, is amended by striking ``structurally deficient bridge'' and inserting ``bridge classified as in poor condition''. (c) Tribal Transportation Facility Bridges.--Section 202(d) of title 23, United States Code, is amended-- (1) in paragraph (1), by striking ``deficient bridges eligible for the tribal transportation program'' and inserting ``bridges eligible for the tribal transportation program classified as in poor condition, having low load capacity, or needing geometric improvements''; and (2) in paragraph (3)(C), by striking ``structurally deficient or functionally obsolete'' and inserting ``classified as in poor [[Page 135 STAT. 607]] condition, having a low load capacity, or needing geometric improvements''. SEC. 11525. TECHNICAL CORRECTIONS. (a) Section 101(b)(1) of title 23, United States Code, is amended by inserting ``Highways'' after ``and Defense''. (b) Section 104(f)(3) of title 23, United States Code, is amended-- (1) in the paragraph heading, by striking ``federal highway administration'' and inserting ``an operating administration of the department of transportation''; and (2) in subparagraph (A), by striking ``the Federal Highway Administration'' and inserting ``an operating administration of the Department of Transportation''. (c) Section 108(c)(3)(F) of title 23, United States Code, is amended-- (1) by inserting ``of 1969 (42 U.S.C. 4321 et seq.)'' after ``Policy Act''; and (2) by striking ``this Act'' and inserting ``this title''. (d) Section 112(b)(2) of title 23, United States Code, is amended by striking ``(F) (F) Subparagraphs'' and inserting the following: ``(F) Exclusion.--Subparagraphs''. (e) Section 115(c) of title 23, United States Code, is amended by striking ``section 135(f)'' and inserting ``section 135(g)''. (f) Section 130(g) of title 23, United States Code, is amended-- (1) in the third sentence-- (A) by striking ``and Transportation,'' and inserting ``and Transportation''; and (B) by striking ``thereafter,,'' and inserting ``thereafter,''; and (2) in the fifth sentence, by striking ``railroad highway'' and inserting ``railway-highway''. (g) Section 135(g) of title 23, United States Code, is amended-- (1) in paragraph (3), by striking ``operators),,'' and inserting ``operators),''; and (2) in paragraph (6)(B), by striking ``5310, 5311, 5316, and 5317'' and inserting ``5310 and 5311''. (h) Section 139 of title 23, United States Code (as amended by section 11301), is amended-- (1) in subsection (b)(1), by inserting ``(42 U.S.C. 4321 et seq.)'' after ``of 1969''; (2) in subsection (c), by inserting ``(42 U.S.C. 4321 et seq.)'' after ``of 1969'' each place it appears; and (3) in subsection (k)(2), by inserting ``(42 U.S.C. 4321 et seq.)'' after ``of 1969''. (i) Section 140(a) of title 23, United States Code, is amended, in the third sentence, by inserting a comma after ``Secretary''. (j) Section 148(i)(2)(D) of title 23, United States Code, is amended by striking ``safety safety'' and inserting ``safety''. (k) Section 166(a)(1) of title 23, United States Code, is amended by striking the paragraph designation and heading and all that follows through ``A public authority'' and inserting the following: ``(1) Authority of public authorities.--A public authority''. (l) Section 201(c)(6)(A)(ii) of title 23, United States Code, is amended by striking ``(25 U.S.C. 450 et seq.)'' and inserting ``(25 U.S.C. 5301 et seq.)''. [[Page 135 STAT. 608]] (m) Section 202 of title 23, United States Code, is amended-- (1) by striking ``(25 U.S.C. 450 et seq.)'' each place it appears and inserting ``(25 U.S.C. 5301 et seq.)''; (2) in subsection (a)(10)(B), by striking ``(25 U.S.C. 450e(b))'' and inserting ``(25 U.S.C. 5307(b))''; and (3) in subsection (b)(5), in the matter preceding subparagraph (A), by inserting ``the'' after ``agreement under''. (n) Section 206(d)(2)(G) of title 23, United States Code, is amended by striking ``use of recreational trails'' and inserting ``uses of recreational trails''. (o) Section 207 of title 23, United States Code, is amended-- (1) in subsection (g)-- (A) by striking ``(25 U.S.C. 450j-1)'' and inserting ``(25 U.S.C. 5325)''; and (B) by striking ``(25 U.S.C. 450j-1(f))'' and inserting ``(25 U.S.C. 5325(f))''; (2) in subsection (l)-- (A) in paragraph (1), by striking ``(25 U.S.C. 458aaa-5)'' and inserting ``(25 U.S.C. 5386)''; (B) in paragraph (2), by striking ``(25 U.S.C. 458aaa-6)'' and inserting ``(25 U.S.C. 5387)''; (C) in paragraph (3), by striking ``(25 U.S.C. 458aaa-7)'' and inserting ``(25 U.S.C. 5388)''; (D) in paragraph (4), by striking ``(25 U.S.C. 458aaa-9)'' and inserting ``(25 U.S.C. 5390)''; (E) in paragraph (5), by striking ``(25 U.S.C. 458aaa-10)'' and inserting ``(25 U.S.C. 5391)''; (F) in paragraph (6), by striking ``(25 U.S.C. 458aaa-11)'' and inserting ``(25 U.S.C. 5392)''; (G) in paragraph (7), by striking ``(25 U.S.C. 458aaa-14)'' and inserting ``(25 U.S.C. 5395)''; (H) in paragraph (8), by striking ``(25 U.S.C. 458aaa-15)'' and inserting ``(25 U.S.C. 5396)''; and (I) in paragraph (9), by striking ``(25 U.S.C. 458aaa-17)'' and inserting ``(25 U.S.C. 5398)''; and (3) in subsection (m)(2)-- (A) by striking ``505'' and inserting ``501''; and (B) by striking ``(25 U.S.C. 450b; 458aaa)'' and inserting ``(25 U.S.C. 5304; 5381)''. (p) Section 217(d) of title 23, United States Code, is amended by striking ``104(b)(3)'' and inserting ``104(b)(4)''. (q) Section 323(d) of title 23, United States Code, is amended in the matter preceding paragraph (1), in the second sentence, by inserting ``(42 U.S.C. 4321 et seq.)'' after ``of 1969''. (r) <<NOTE: Repeal.>> Section 325 of title 23, United States Code, is repealed. (s) Section 504(g)(6) of title 23, United States Code, is amended by striking ``make grants or to'' and inserting ``make grants to''. (t) The analysis for chapter 3 of title 23, <<NOTE: 23 USC 301 prec.>> United States Code, is amended by striking the item relating to section 325. SEC. 11526. WORKING GROUP ON COVERED RESOURCES. (a) Definitions.--In this section: (1) Covered resource.--The term ``covered resource'' means a common variety material used in transportation infrastructure construction and maintenance, including stone, sand, and gravel. [[Page 135 STAT. 609]] (2) State.--The term ``State'' means each of the several States, the District of Columbia, and each territory or possession of the United States. (3) Working group.--The term ``Working Group'' means the working group established under subsection (b). (b) <<NOTE: Deadline. Study.>> Establishment.--Not later than 120 days after the date of enactment of this Act, the Secretary shall establish a working group to conduct a study on access to covered resources for infrastructure projects. (c) Membership.-- (1) Appointment.--The Secretary shall appoint to the Working Group individuals with knowledge and expertise in the production and transportation of covered resources. (2) Representation.--The Working Group shall include not less than 1 representative of each of the following: (A) State departments of transportation. (B) State agencies associated with covered resources protection. (C) State planning and geologic survey and mapping agencies. (D) Commercial motor vehicle operators, including small business operators and operators who transport covered resources. (E) Covered resources producers. (F) Construction contractors. (G) Labor organizations. (H) Metropolitan planning organizations and regional planning organizations. (I) Indian Tribes, including Tribal elected leadership or Tribal transportation officials. (J) Any other stakeholders that the Secretary determines appropriate. (3) Termination.--The Working Group shall terminate 180 days after the date on which the Secretary receives the report under subsection (f)(1). (d) Duties.--In carrying out the study required under subsection (b), the Working Group shall analyze-- (1) the use of covered resources in transportation projects funded with Federal dollars; (2) how the proximity of covered resources to such projects affects the cost and environmental impact of those projects; (3) whether and how State, Tribal, and local transportation and planning agencies consider covered resources when developing transportation projects; and (4) any challenges for transportation project sponsors regarding access and proximity to covered resources. (e) Consultation.--In carrying out the study required under subsection (b), the Working Group shall consult with, as appropriate-- (1) chief executive officers of States; (2) State, Tribal, and local transportation and planning agencies; (3) other relevant State, Tribal, and local agencies, including State agencies associated with covered resources protection; (4) members of the public with industry experience with respect to covered resources; [[Page 135 STAT. 610]] (5) other Federal entities that provide funding for transportation projects; and (6) any other stakeholder the Working Group determines appropriate. (f) <<NOTE: Summaries. Recommenda- tions.>> Reports.-- (1) Working group report.--Not later than 2 years after the date on which the Working Group is established, the Working Group shall submit to the Secretary a report that includes-- (A) the findings of the study required under subsection (b), including a summary of comments received during the consultation process under subsection (e); and (B) any recommendations to preserve access to and reduce the costs and environmental impacts of covered resources for infrastructure projects. (2) Departmental report.--Not later than 90 days after the date on which the Secretary receives the report under paragraph (1), the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a summary of the findings under the report and any recommendations, as appropriate. SEC. 11527. BLOOD TRANSPORT VEHICLES. Section 166(b) of title 23, United States Code, is amended by adding at the end the following: ``(6) Blood transport vehicles.--The public authority may allow blood transport vehicles that are transporting blood between a collection point and a hospital or storage center to use the HOV facility if the public authority establishes requirements for clearly identifying such vehicles.''. SEC. 11528. POLLINATOR-FRIENDLY PRACTICES ON ROADSIDES AND HIGHWAY RIGHTS-OF-WAY. (a) In General.--Chapter 3 of title 23, United States Code (as amended by section 11309(a)), is amended by adding at the end the following: ``Sec. 332. <<NOTE: 23 USC 332.>> Pollinator-friendly practices on roadsides and highway rights-of-way ``(a) <<NOTE: Grants.>> In General.--The Secretary shall establish a program to provide grants to eligible entities to carry out activities to benefit pollinators on roadsides and highway rights-of-way, including the planting and seeding of native, locally-appropriate grasses and wildflowers, including milkweed. ``(b) Eligible Entities.--An entity eligible to receive a grant under this section is-- ``(1) a State department of transportation; ``(2) an Indian tribe; or ``(3) a Federal land management agency. ``(c) Application.--To be eligible to receive a grant under this section, an eligible entity shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require, including a pollinator-friendly practices plan described in subsection (d). ``(d) Pollinator-friendly Practices Plan.-- [[Page 135 STAT. 611]] ``(1) In general.--An eligible entity shall include in the application under subsection (c) a plan that describes the pollinator-friendly practices that the eligible entity has implemented or plans to implement, including-- ``(A) practices relating to mowing strategies that promote early successional vegetation and limit disturbance during periods of highest use by target pollinator species on roadsides and highway rights-of- way, such as-- ``(i) reducing the mowing swath outside of the State-designated safety zone; ``(ii) increasing the mowing height; ``(iii) reducing the mowing frequency; ``(iv) refraining from mowing monarch and other pollinator habitat during periods in which monarchs or other pollinators are present; ``(v) use of a flushing bar and cutting at reduced speeds to reduce pollinator deaths due to mowing; or ``(vi) reducing raking along roadsides and highway rights-of-way; ``(B) implementation of an integrated vegetation management plan that includes approaches such as mechanical tree and brush removal, targeted and judicious use of herbicides, and mowing, to address weed issues on roadsides and highway rights-of-way; ``(C) planting or seeding of native, locally- appropriate grasses and wildflowers, including milkweed, on roadsides and highway rights-of-way to enhance pollinator habitat, including larval host plants; ``(D) removing nonnative grasses from planting and seeding mixes, except for use as nurse or cover crops; ``(E) obtaining expert training or assistance on pollinator-friendly practices, including-- ``(i) native plant identification; ``(ii) establishment and management of locally-appropriate native plants that benefit pollinators; ``(iii) land management practices that benefit pollinators; and ``(iv) pollinator-focused integrated vegetation management; or ``(F) <<NOTE: Determination.>> any other pollinator-friendly practices the Secretary determines to be appropriate. ``(2) Coordination.--In developing a plan under paragraph (1), an eligible entity that is a State department of transportation or a Federal land management agency shall coordinate with applicable State agencies, including State agencies with jurisdiction over agriculture and fish and wildlife. ``(3) Consultation.--In developing a plan under paragraph (1)-- ``(A) an eligible entity that is a State department of transportation or a Federal land management agency shall consult with affected or interested Indian tribes; and ``(B) any eligible entity may consult with nonprofit organizations, institutions of higher education, metropolitan planning organizations, and any other relevant entities. ``(e) Award of Grants.-- [[Page 135 STAT. 612]] ``(1) <<NOTE: Determination.>> In general.--The Secretary shall provide a grant to each eligible entity that submits an application under subsection (c), including a plan under subsection (d), that the Secretary determines to be satisfactory. ``(2) Amount of grants.--The amount of a grant under this section-- ``(A) shall be based on the number of pollinator- friendly practices the eligible entity has implemented or plans to implement; and ``(B) shall not exceed $150,000. ``(f) Use of Funds.--An eligible entity that receives a grant under this section shall use the funds for the implementation, improvement, or further development of the plan under subsection (d). ``(g) Federal Share.--The Federal share of the cost of an activity carried out with a grant under this section shall be 100 percent. ``(h) Best Practices.--The Secretary shall develop and make available to eligible entities best practices for, and a priority ranking of, pollinator-friendly practices on roadsides and highway rights-of-way. ``(i) Technical Assistance.--On request of an eligible entity that receives a grant under this section, the Secretary shall provide technical assistance with the implementation, improvement, or further development of a plan under subsection (d). ``(j) Administrative Costs.--For each fiscal year, the Secretary may use not more than 2 percent of the amounts made available to carry out this section for the administrative costs of carrying out this section. ``(k) Report.--Not later than 1 year after the date on which the first grant is provided under this section, the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on the implementation of the program under this section. ``(l) <<NOTE: Time periods.>> Authorization of Appropriations.-- ``(1) In general.--There is authorized to be appropriated to carry out this section $2,000,000 for each of fiscal years 2022 through 2026. ``(2) Availability.--Amounts made available under this section shall remain available for a period of 3 years after the last day of the fiscal year for which the funds are authorized.''. (b) Clerical Amendment.--The analysis for chapter 3 of title 23, United States Code (as amended by section 11309(b)), <<NOTE: 23 USC 301 prec.>> is amended by adding at the end the following: ``332. Pollinator-friendly practices on roadsides and highway rights-of- way.''. SEC. 11529. <<NOTE: 23 USC 217 note.>> ACTIVE TRANSPORTATION INFRASTRUCTURE INVESTMENT PROGRAM. (a) <<NOTE: Grants.>> In General.--Subject to the availability of appropriations, the Secretary shall carry out an active transportation infrastructure investment program to make grants, on a competitive basis, to eligible organizations to construct eligible projects to provide safe and connected active transportation facilities in an active transportation network or active transportation spine. (b) Application.-- [[Page 135 STAT. 613]] (1) In general.--To be eligible to receive a grant under this section, an eligible organization shall submit to the Secretary an application in such manner and containing such information as the Secretary may require. (2) <<NOTE: Contracts.>> Eligible projects partially on federal land.--With respect to an application for an eligible project that is located in part on Federal land, an eligible organization shall enter into a cooperative agreement with the appropriate Federal agency with jurisdiction over such land to submit an application described in paragraph (1). (c) Application Considerations.--In making a grant for construction of an active transportation network or active transportation spine under this section, the Secretary shall consider the following: (1) <<NOTE: Plans.>> Whether the eligible organization submitted a plan for an eligible project for the development of walking and bicycling infrastructure that is likely to provide substantial additional opportunities for walking and bicycling, including effective plans-- (A) to create an active transportation network connecting destinations within or between communities, including schools, workplaces, residences, businesses, recreation areas, and other community areas, or create an active transportation spine connecting two or more communities, metropolitan regions, or States; and (B) to integrate active transportation facilities with transit services, where available, to improve access to public transportation. (2) Whether the eligible organization demonstrates broad community support through-- (A) the use of public input in the development of transportation plans; and (B) the commitment of community leaders to the success and timely implementation of an eligible project. (3) Whether the eligible organization provides evidence of commitment to traffic safety, regulations, financial incentives, or community design policies that facilitate significant increases in walking and bicycling. (4) The extent to which the eligible organization demonstrates commitment of State, local, or eligible Federal matching funds, and land or in-kind contributions, in addition to the local match required under subsection (f)(1), unless the applicant qualifies for an exception under subsection (f)(2). (5) The extent to which the eligible organization demonstrates that the grant will address existing disparities in bicyclist and pedestrian fatality rates based on race or income level or provide access to jobs and services for low-income communities and disadvantaged communities. (6) Whether the eligible organization demonstrates how investment in active transportation will advance safety for pedestrians and cyclists, accessibility to jobs and key destinations, economic competitiveness, environmental protection, and quality of life. (d) Use of Funds.-- (1) In general.--Of the amounts made available to carry out this section and subject to paragraphs (2) and (3), the Secretary shall obligate-- [[Page 135 STAT. 614]] (A) not less than 30 percent to eligible projects that construct active transportation networks that connect people with public transportation, businesses, workplaces, schools, residences, recreation areas, and other community activity centers; and (B) not less than 30 percent to eligible projects that construct active transportation spines. (2) Planning and design grants.--Each fiscal year, the Secretary shall set aside not less than $3,000,000 of the funds made available to carry out this section to provide planning grants for eligible organizations to develop plans for active transportation networks and active transportation spines. (3) Administrative costs.--Each fiscal year, the Secretary shall set aside not more than $2,000,000 of the funds made available to carry out this section to cover the costs of administration, research, technical assistance, communications, and training activities under the program. (4) Limitation on statutory construction.--Nothing in this subsection prohibits an eligible organization from receiving research or other funds under title 23 or 49, United States Code. (e) <<NOTE: Deadlines.>> Grant Timing.-- (1) <<NOTE: Federal Register, publication.>> Request for application.--Not later than 30 days after funds are made available to carry out this section for a fiscal year, the Secretary shall publish in the Federal Register a request for applications for grants under this section for that fiscal year. (2) Selection of grant recipients.--Not later than 150 days after funds are made available to carry out this section for a fiscal year, the Secretary shall select grant recipients of grants under this section for that fiscal year. (f) Federal Share.-- (1) In general.--Except as provided in paragraph (2), the Federal share of the cost of an eligible project carried out using a grant under this section shall not exceed 80 percent of the total project cost. (2) Exception for disadvantaged communities.--For eligible projects serving communities with a poverty rate of over 40 percent based on the majority of census tracts served by the eligible project, the Secretary may increase the Federal share of the cost of the eligible project up to 100 percent of the total project cost. (g) <<NOTE: Contracts.>> Assistance to Indian Tribes.--In carrying out this section, the Secretary may enter into grant agreements, self- determination contracts, and self-governance compacts under the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5301 et seq.) with Indian tribes that are eligible organizations, and such agreements, contracts, and compacts shall be administered in accordance with that Act. (h) Reports.-- (1) Interim report.--Not later than September 30, 2024, the Secretary shall submit to Congress a report containing the information described in paragraph (3). (2) Final report.--Not later than September 30, 2026, the Secretary shall submit to Congress a report containing the information described in paragraph (3). [[Page 135 STAT. 615]] (3) Report information.--A report submitted under this subsection shall contain the following, with respect to the period covered by the applicable report: (A) <<NOTE: List.>> A list of grants made under this section. (B) Best practices of eligible organizations that receive grants under this section in implementing eligible projects. (C) Impediments experienced by eligible organizations that receive grants under this section in developing and shifting to active transportation. (i) <<NOTE: Deadline.>> Rule Required.--Not later than 1 year after the date of enactment of this Act, the Secretary shall issue a final rule that encourages the use of the programmatic categorical exclusion, expedited procurement techniques, and other best practices to facilitate productive and timely expenditures for eligible projects that are small, low-impact, and constructed within an existing built environment. (j) <<NOTE: Time period.>> Authorization of Appropriations.-- (1) In general.--There is authorized to be appropriated to the Secretary to carry out this section $200,000,000 for each of fiscal years 2022 through 2026. (2) Availability.--The amounts made available to carry out this section shall remain available until expended. (k) Treatment of Projects.--Notwithstanding any other provision of law, a project assisted under this section shall be treated as a project on a Federal-aid highway under chapter 1 of title 23, United States Code. (l) Definitions.--In this section: (1) Active transportation.--The term ``active transportation'' means mobility options powered primarily by human energy, including bicycling and walking. (2) Active transportation network.--The term ``active transportation network'' means facilities built for active transportation, including sidewalks, bikeways, and pedestrian and bicycle trails, that connect between destinations within a community or metropolitan region. (3) Active transportation spine.--The term ``active transportation spine'' means facilities built for active transportation, including sidewalks, bikeways, and pedestrian and bicycle trails that connect between communities, metropolitan regions, or States. (4) Community.--The term ``community'' means a geographic area that is socioeconomically interdependent and may include rural, suburban, and urban jurisdictions. (5) Eligible organization.--The term ``eligible organization'' means-- (A) a local or regional governmental organization, including a metropolitan planning organization or regional planning organization or council; (B) a multicounty special district; (C) a State; (D) a multistate group of governments; or (E) an Indian tribe. (6) Eligible project.--The term ``eligible project'' means an active transportation project or group of projects-- (A) within or between a community or group of communities, at least one of which falls within the jurisdiction [[Page 135 STAT. 616]] of an eligible organization, which has submitted an application under this section; and (B) that has-- (i) a total cost of not less than $15,000,000; or (ii) with respect to planning and design grants, planning and design costs of not less than $100,000. (7) Indian tribe.--The term ``Indian tribe'' has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304). (8) Total project cost.--The term ``total project cost'' means the sum total of all costs incurred in the development of an eligible project that are approved by the Secretary as reasonable and necessary, including-- (A) the cost of acquiring real property; (B) the cost of site preparation, demolition, and development; (C) expenses related to the issuance of bonds or notes; (D) fees in connection with the planning, execution, and financing of the eligible project; (E) the cost of studies, surveys, plans, permits, insurance, interest, financing, tax, and assessments; (F) the cost of construction, rehabilitation, reconstruction, and equipping the eligible project; (G) the cost of land improvements; (H) contractor fees; (I) the cost of training and education related to the safety of users of any bicycle or pedestrian network or spine constructed as part of an eligible project; and (J) any other cost that the Secretary determines is necessary and reasonable. SEC. 11530. HIGHWAY COST ALLOCATION STUDY. (a) <<NOTE: Deadline. Coordination. Determination.>> In General.-- Not later than 4 years after the date of enactment of this Act, the Secretary, in coordination with State departments of transportation, shall carry out a highway cost allocation study to determine the direct costs of highway use by various types of users. (b) <<NOTE: Examination.>> Inclusions.--The study under subsection (a) shall include an examination of-- (1) the Federal costs occasioned in the design, construction, rehabilitation, and maintenance of Federal-aid highways by-- (A) the use of vehicles of different dimensions, weights, number of axles, and other specifications; and (B) the frequency of those vehicles in the traffic stream; (2) <<NOTE: Determination.>> the safety-, emissions-, congestion-, and noise-related costs of highway use by various types of users, and other costs as determined by the Secretary; and (3) the proportionate share of the costs described in paragraph (1) that are attributable to each class of highway users. (c) Requirements.--In carrying out the study under subsection (a), the Secretary shall-- (1) ensure that the study examines only direct costs of highway use; (2) capture the various driving conditions in different geographic areas of the United States; [[Page 135 STAT. 617]] (3) to the maximum extent practicable, distinguish between costs directly occasioned by a highway user class and costs occasioned by all highway user classes; and (4) compare the costs occasioned by various highway user classes with the user fee revenue contributed to the Highway Trust Fund by those highway user classes. (d) Reports.-- (1) Interim reports.--Not less frequently than annually during the period during which the Secretary is carrying out the study under subsection (a), the Secretary shall submit to Congress an interim report on the progress of the study. (2) <<NOTE: Recommenda- tions.>> Final report.--On completion of the study under subsection (a), the Secretary shall submit to Congress a final report on the results of the study, including the recommendations under subsection (e). (e) <<NOTE: Coordination.>> Recommendations.--On completion of the study under subsection (a), the Secretary, in coordination with the Secretary of the Treasury, shall develop recommendations for a set of revenue options to fully cover the costs occasioned by highway users, including recommendations for-- (1) changes to existing revenue streams; and (2) new revenue streams based on user fees. TITLE II--TRANSPORTATION INFRASTRUCTURE FINANCE AND INNOVATION SEC. 12001. TRANSPORTATION INFRASTRUCTURE FINANCE AND INNOVATION ACT OF 1998 AMENDMENTS. (a) Definitions.--Section 601(a) of title 23, United States Code, is amended-- (1) in subparagraph (E) of paragraph (10), by striking ``3 years'' and inserting ``5 years''; and (2) in paragraph (12)-- (A) by striking subparagraph (E) and inserting the following: ``(E) a project to improve or construct public infrastructure-- ``(i) that-- ``(I) is located within walking distance of, and accessible to, a fixed guideway transit facility, passenger rail station, intercity bus station, or intermodal facility, including a transportation, public utility, or capital project described in section 5302(3)(G)(v) of title 49, and related infrastructure; or ``(II) is a project for economic development, including commercial and residential development, and related infrastructure and activities-- ``(aa) that incorporates private investment; ``(bb) that is physically or functionally related to a passenger rail station or multimodal station that includes rail service; [[Page 135 STAT. 618]] ``(cc) <<NOTE: Deadline.>> for which the project sponsor has a high probability of commencing the contracting process for construction by not later than 90 days after the date on which credit assistance under the TIFIA program is provided for the project; and ``(dd) that has a high probability of reducing the need for financial assistance under any other Federal program for the relevant passenger rail station or service by increasing ridership, tenant lease payments, or other activities that generate revenue exceeding costs; and ``(ii) <<NOTE: Deadline.>> for which, by not later than September 30, 2026, the Secretary has-- ``(I) received a letter of interest; and ``(II) <<NOTE: Determination.>> determined that the project is eligible for assistance;''; (B) in subparagraph (F), by striking the period at the end and inserting a semicolon; and (C) by adding at the end the following: ``(G) <<NOTE: Deadline.>> an eligible airport- related project (as defined in section 40117(a) of title 49) for which, not later than September 30, 2025, the Secretary has-- ``(i) received a letter of interest; and ``(ii) <<NOTE: Determination.>> determined that the project is eligible for assistance; and ``(H) a project for the acquisition of plant and wildlife habitat pursuant to a conservation plan that-- ``(i) has been approved by the Secretary of the Interior pursuant to section 10 of the Endangered Species Act of 1973 (16 U.S.C. 1539); and ``(ii) in the judgment of the Secretary, would mitigate the environmental impacts of transportation infrastructure projects otherwise eligible for assistance under this title.''. (b) Eligibility.--Section 602(a)(2) of title 23, United States Code, is amended-- (1) in subparagraph (A)(iv)-- (A) by striking ``a rating'' and inserting ``an investment-grade rating''; and (B) by striking ``$75,000,000'' and inserting ``$150,000,000''; and (2) in subparagraph (B)-- (A) by striking ``the senior debt'' and inserting ``senior debt''; and (B) by striking ``credit instrument is for an amount less than $75,000,000'' and inserting ``total amount of other senior debt and the Federal credit instrument is less than $150,000,000''. (c) Federal Requirements.--Section 602(c)(1) of title 23, United States Code, is amended in the matter preceding subparagraph (A) by striking ``and the requirements of section 5333(a) of title 49 for rail projects,'' and inserting ``the requirements of section 5333(a) of title 49 for rail projects, and the requirements of sections 47112(b) and 50101 of title 49 for airport-related projects,''. [[Page 135 STAT. 619]] (d) Processing Timelines.--Section 602(d) of title 23, United States Code, is amended-- (1) by redesignating paragraphs (1) and (2) as paragraphs (2) and (3), respectively; (2) in paragraph (3) (as so redesignated), by striking ``paragraph (1)'' and inserting ``paragraph (2)''; and (3) by inserting before paragraph (2) (as so redesignated) the following: ``(1) <<NOTE: Estimate. Deadline.>> Processing timelines.-- Except in the case of an application described in subsection (a)(8) and to the maximum extent practicable, the Secretary shall provide an applicant with a specific estimate of the timeline for the approval or disapproval of the application of the applicant, which, to the maximum extent practicable, the Secretary shall endeavor to complete by not later than 150 days after the date on which the applicant submits a letter of interest to the Secretary.''. (e) Maturity Date of Certain Secured Loans.--Section 603(b)(5) of title 23, United States Code, is amended-- (1) in subparagraph (A), in the matter preceding clause (i), by striking ``subparagraph (B)'' and inserting ``subparagraphs (B) and (C)''; and (2) by adding at the end the following: ``(C) Long lived assets.--In the case of a capital asset with an estimated life of more than 50 years, the final maturity date of the secured loan shall be the lesser of-- ``(i) 75 years after the date of substantial completion of the project; or ``(ii) 75 percent of the estimated useful life of the capital asset.''. (f) Secured Loans.--Section 603(c)(4)(A) of title 23, United States Code, is amended-- (1) by striking ``Any excess'' and inserting the following: ``(i) In general.--Except as provided in clause (ii), any excess''; and (2) by adding at the end the following: ``(ii) <<NOTE: Contracts.>> Certain applicants.--In the case of a secured loan or other secured Federal credit instrument provided after the date of enactment of the Surface Transportation Reauthorization Act of 2021, if the obligor is a governmental entity, agency, or instrumentality, the obligor shall not be required to prepay the secured loan or other secured Federal credit instrument with any excess revenues described in clause (i) if the obligor enters into an agreement to use those excess revenues only for purposes authorized under this title or title 49.''. (g) Technical Amendment.--Section 602(e) of title 23, United States Code, is amended by striking ``section 601(a)(1)(A)'' and inserting ``section 601(a)(2)(A)''. (h) Streamlined Application Process.--Section 603(f) of title 23, United States Code, is amended by adding at the end the following: ``(3) Additional terms for expedited decisions.-- ``(A) <<NOTE: Deadline. Timeline.>> In general.-- Not later than 120 days after the date of enactment of this paragraph, the Secretary shall implement an expedited decision timeline for public agency borrowers seeking secured loans that meet-- [[Page 135 STAT. 620]] ``(i) the terms under paragraph (2); and ``(ii) the additional criteria described in subparagraph (B). ``(B) Additional criteria.--The additional criteria referred to in subparagraph (A)(ii) are the following: ``(i) The secured loan is made on terms and conditions that substantially conform to the conventional terms and conditions established by the National Surface Transportation Innovative Finance Bureau. ``(ii) The secured loan is rated in the A category or higher. ``(iii) The TIFIA program share of eligible project costs is 33 percent or less. ``(iv) <<NOTE: Deadline.>> The applicant demonstrates a reasonable expectation that the contracting process for the project can commence by not later than 90 days after the date on which a Federal credit instrument is obligated for the project under the TIFIA program. ``(v) The project has received a categorical exclusion, a finding of no significant impact, or a record of decision under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). ``(C) <<NOTE: Deadline.>> Written notice.--The Secretary shall provide to an applicant seeking a secured loan under the expedited decision process under this paragraph a written notice informing the applicant whether the Secretary has approved or disapproved the application by not later than 180 days after the date on which the Secretary submits to the applicant a letter indicating that the National Surface Transportation Innovative Finance Bureau has commenced the creditworthiness review of the project.''. (i) Funding.-- (1) In general.--Section 608(a) of title 23, United States Code, is amended-- (A) by redesignating paragraphs (4) and (5) as paragraphs (5) and (6), respectively; (B) by inserting after paragraph (3) the following: ``(4) Limitation for certain projects.-- ``(A) Transit-oriented development projects.--For each fiscal year, the Secretary may use to carry out projects described in section 601(a)(12)(E) not more than 15 percent of the amounts made available to carry out the TIFIA program for that fiscal year. ``(B) Airport-related projects.--The Secretary may use to carry out projects described in section 601(a)(12)(G)-- ``(i) for each fiscal year, not more than 15 percent of the amounts made available to carry out the TIFIA program under the Surface Transportation Reauthorization Act of 2021 for that fiscal year; and ``(ii) <<NOTE: Time period.>> for the period of fiscal years 2022 through 2026, not more than 15 percent of the unobligated carryover balances (as of October 1, 2021).''; and (C) by striking paragraph (6) (as so redesignated) and inserting the following: ``(6) Administrative costs.--Of the amounts made available to carry out the TIFIA program, the Secretary may use [[Page 135 STAT. 621]] not more than $10,000,000 for each of fiscal years 2022 through 2026 for the administration of the TIFIA program.''. (2) Conforming amendment.--Section 605(f)(1) of title 23, United States Code, is amended by striking ``section 608(a)(5)'' and inserting ``section 608(a)(6)''. (j) Status Reports.--Section 609 of title 23, United States Code, is amended by adding at the end the following: ``(c) Status Reports.-- ``(1) <<NOTE: Web postings. Time periods.>> In general.-- The Secretary shall publish on the website for the TIFIA program-- ``(A) on a monthly basis, a current status report on all submitted letters of interest and applications received for assistance under the TIFIA program; and ``(B) on a quarterly basis, a current status report on all approved applications for assistance under the TIFIA program. ``(2) Inclusions.--Each monthly and quarterly status report under paragraph (1) shall include, at a minimum, with respect to each project included in the status report-- ``(A) the name of the party submitting the letter of interest or application; ``(B) the name of the project; ``(C) the date on which the letter of interest or application was received; ``(D) <<NOTE: Cost estimate.>> the estimated project eligible costs; ``(E) the type of credit assistance sought; and ``(F) the anticipated fiscal year and quarter for closing of the credit assistance.''. (k) State Infrastructure Bank Program.--Section 610 of title 23, United States Code, is amended-- (1) in subsection (d)-- (A) in paragraph (1)(A), by striking ``fiscal years 2016 through 2020'' and inserting ``fiscal years 2022 through 2026''; (B) in paragraph (2), by striking ``fiscal years 2016 through 2020'' and inserting ``fiscal years 2022 through 2026''; and (C) in paragraph (3), by striking ``fiscal years 2016 through 2020'' and inserting ``fiscal years 2022 through 2026''; and (2) in subsection (k), by striking ``fiscal years 2016 through 2020'' and inserting ``fiscal years 2022 through 2026''. (l) Report.--Not later than September 30, 2025, the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on the impact of the amendment relating to airport-related projects under subsection (a)(2)(C) and subsection (i)(1)(B), including-- (1) information on the use of TIFIA program (as defined in section 601(a) of title 23, United States Code) funds for eligible airport-related projects (as defined in section 40117(a) of title 49, United States Code); and (2) <<NOTE: Recommenda- tions.>> recommendations for modifications to the TIFIA program. [[Page 135 STAT. 622]] SEC. 12002. FEDERAL REQUIREMENTS FOR TIFIA ELIGIBILITY AND PROJECT SELECTION. (a) In General.--Section 602(c) of title 23, United States Code, is amended by adding at the end the following: ``(3) Payment and performance security.-- ``(A) In general.--The Secretary shall ensure that the design and construction of a project carried out with assistance under the TIFIA program shall have appropriate payment and performance security, regardless of whether the obligor is a State, local government, agency or instrumentality of a State or local government, public authority, or private party. ``(B) Written determination.--If payment and performance security is required to be furnished by applicable State or local statute or regulation, the Secretary may accept such payment and performance security requirements applicable to the obligor if the Federal interest with respect to Federal funds and other project risk related to design and construction is adequately protected. ``(C) No determination or applicable requirements.-- If there are no payment and performance security requirements applicable to the obligor, the security under section 3131(b) of title 40 or an equivalent State or local requirement, as determined by the Secretary, shall be required.''. (b) <<NOTE: 23 USC 602 note.>> Applicability.--The amendments made by this section shall apply with respect to any agreement for credit assistance entered into on or after the date of enactment of this Act. TITLE III--RESEARCH, TECHNOLOGY, AND EDUCATION SEC. 13001. <<NOTE: 23 USC 503 note.>> STRATEGIC INNOVATION FOR REVENUE COLLECTION. (a) In General.--The Secretary shall establish a program to test the feasibility of a road usage fee and other user-based alternative revenue mechanisms (referred to in this section as ``user-based alternative revenue mechanisms'') to help maintain the long-term solvency of the Highway Trust Fund, through pilot projects at the State, local, and regional level. (b) Grants.-- (1) In general.--The Secretary shall provide grants to eligible entities to carry out pilot projects under this section. (2) Applications.--To be eligible for a grant under this section, an eligible entity shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. (3) Objectives.--The Secretary shall ensure that, in the aggregate, the pilot projects carried out using funds provided under this section meet the following objectives: (A) To test the design, acceptance, equity, and implementation of user-based alternative revenue mechanisms, including among-- (i) differing income groups; and (ii) rural and urban drivers, as applicable. [[Page 135 STAT. 623]] (B) <<NOTE: Recommenda- tions.>> To provide recommendations regarding adoption and implementation of user-based alternative revenue mechanisms. (C) To quantify and minimize the administrative costs of any potential user-based alternative revenue mechanisms. (D) To test a variety of solutions, including the use of independent and private third-party vendors, for the collection of data and fees from user-based alternative revenue mechanisms, including the reliability and security of those solutions and vendors. (E) To test solutions to ensure the privacy and security of data collected for the purpose of implementing a user-based alternative revenue mechanism. (F) To conduct public education and outreach to increase public awareness regarding the need for user- based alternative revenue mechanisms for surface transportation programs. (G) <<NOTE: Evaluation.>> To evaluate the ease of compliance and enforcement of a variety of implementation approaches for different users of the surface transportation system. (H) To ensure, to the greatest extent practicable, the use of innovation. (I) To consider, to the greatest extent practicable, the potential for revenue collection along a network of alternative fueling stations. (J) <<NOTE: Evaluation.>> To evaluate the impacts of the imposition of a user-based alternative revenue mechanism on-- (i) transportation revenues; (ii) personal mobility, driving patterns, congestion, and transportation costs; and (iii) freight movement and costs. (K) <<NOTE: Evaluation.>> To evaluate options for the integration of a user-based alternative revenue mechanism with-- (i) nationwide transportation revenue collections and regulations; (ii) toll revenue collection platforms; (iii) transportation network company fees; and (iv) any other relevant transportation revenue mechanisms. (4) Eligible entity.--An entity eligible to apply for a grant under this section is-- (A) a State or a group of States; (B) a local government or a group of local governments; or (C) a metropolitan planning organization (as defined in section 134(b) of title 23, United States Code) or a group of metropolitan planning organizations. (5) Use of funds.--An eligible entity that receives a grant under this section shall use the grant to carry out a pilot project to address 1 or more of the objectives described in paragraph (3). (6) Consideration.--The Secretary shall consider geographic diversity in awarding grants under this subsection. (7) Federal share.--The Federal share of the cost of a pilot project carried out under this section may not exceed-- [[Page 135 STAT. 624]] (A) 80 percent of the total cost of a project carried out by an eligible entity that has not otherwise received a grant under this section; and (B) 70 percent of the total cost of a project carried out by an eligible entity that has received at least 1 grant under this section. (c) Limitation on Revenue Collected.--Any revenue collected through a user-based alternative revenue mechanism established using funds provided under this section shall not be considered a toll under section 301 of title 23, United States Code. (d) <<NOTE: Coordination.>> Recommendations and Report.--Not later than 3 years after the date of enactment of this Act, the Secretary, in coordination with the Secretary of the Treasury and the Federal System Funding Alternative Advisory Board established under section 13002(g)(1), shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report that-- (1) <<NOTE: Summaries.>> summarizes the results of the pilot projects under this section and the national pilot program under section 13002; and (2) provides recommendations, if applicable, to enable potential implementation of a nationwide user-based alternative revenue mechanism. (e) Funding.-- (1) In general.--Of the funds made available to carry out section 503(b) of title 23, United States Code, for each of fiscal years 2022 through 2026 $15,000,000 shall be used for pilot projects under this section. (2) <<NOTE: Effective date. Determination. Transfer authority.>> Flexibility.--If, by August 1 of each fiscal year, the Secretary determines that there are not enough grant applications to meet the requirements of this section for that fiscal year, the Secretary shall transfer to the national pilot program under section 13002 or to the highway research and development program under section 503(b) of title 23, United States Code-- (A) any funds reserved for a fiscal year under paragraph (1) that the Secretary has not yet awarded under this section; and (B) an amount of obligation limitation equal to the amount of funds that the Secretary transfers under subparagraph (A). (f) Repeal.-- (1) In general.--Section 6020 of the FAST Act (23 U.S.C. 503 note; Public Law 114-94) is repealed. (2) Clerical amendment.--The table of contents in section 1(b) of the FAST Act (Public Law 114-94; 129 Stat. 1312) is amended by striking the item relating to section 6020. SEC. 13002. <<NOTE: 23 USC 503 note.>> NATIONAL MOTOR VEHICLE PER-MILE USER FEE PILOT. (a) Definitions.--In this section: (1) Advisory board.--The term ``advisory board'' means the Federal System Funding Alternative Advisory Board established under subsection (g)(1). (2) Commercial vehicle.--The term ``commercial vehicle'' has the meaning given the term commercial motor vehicle in section 31101 of title 49, United States Code. [[Page 135 STAT. 625]] (3) Highway trust fund.--The term ``Highway Trust Fund'' means the Highway Trust Fund established under section 9503 of the Internal Revenue Code of 1986. (4) Light truck.--The term ``light truck'' has the meaning given the term in section 523.2 of title 49, Code of Federal Regulations (or successor regulations). (5) Medium- and heavy-duty truck.--The term ``medium- and heavy-duty truck'' has the meaning given the term ``commercial medium- and heavy-duty on-highway vehicle'' in section 32901(a) of title 49, United States Code. (6) Passenger motor vehicle.--The term ``passenger motor vehicle'' has the meaning given the term in section 32101 of title 49, United States Code. (7) Per-mile user fee.--The term ``per-mile user fee'' means a revenue mechanism that-- (A) is applied to road users operating motor vehicles on the surface transportation system; and (B) is based on the number of vehicle miles traveled by an individual road user. (8) Pilot program.--The term ``pilot program'' means the pilot program established under subsection (b)(1). (9) Volunteer participant.--The term ``volunteer participant'' means-- (A) an owner or lessee of a private, personal motor vehicle who volunteers to participate in the pilot program; (B) a commercial vehicle operator who volunteers to participate in the pilot program; or (C) an owner of a motor vehicle fleet who volunteers to participate in the pilot program. (b) Establishment.-- (1) <<NOTE: Coordination.>> In general.--The Secretary, in coordination with the Secretary of the Treasury, and consistent with the recommendations of the advisory board, shall establish a pilot program to demonstrate a national motor vehicle per-mile user fee-- (A) to restore and maintain the long-term solvency of the Highway Trust Fund; and (B) to improve and maintain the surface transportation system. (2) Objectives.--The objectives of the pilot program are-- (A) to test the design, acceptance, implementation, and financial sustainability of a national motor vehicle per-mile user fee; (B) to address the need for additional revenue for surface transportation infrastructure and a national motor vehicle per-mile user fee; and (C) <<NOTE: Recommenda- tions.>> to provide recommendations relating to the adoption and implementation of a national motor vehicle per-mile user fee. (c) <<NOTE: Coordination.>> Parameters.--In carrying out the pilot program, the Secretary, in coordination with the Secretary of the Treasury, shall-- (1) provide different methods that volunteer participants can choose from to track motor vehicle miles traveled; (2) <<NOTE: District of Columbia. Puerto Rico.>> solicit volunteer participants from all 50 States, the District of Columbia, and the Commonwealth of Puerto Rico; (3) ensure an equitable geographic distribution by population among volunteer participants; [[Page 135 STAT. 626]] (4) include commercial vehicles and passenger motor vehicles; and (5) use components of and, where appropriate, coordinate with-- (A) the States that received a grant under section 6020 of the FAST Act (23 U.S.C. 503 note; Public Law 114-94) (as in effect on the day before the date of enactment of this Act); and (B) eligible entities that received a grant under section 13001. (d) Methods.-- (1) <<NOTE: Coordination.>> Tools.--In selecting the methods described in subsection (c)(1), the Secretary shall coordinate with entities that voluntarily provide to the Secretary for use under the pilot program any of the following vehicle-miles-traveled collection tools: (A) Third-party on-board diagnostic (OBD-II) devices. (B) Smart phone applications. (C) Telemetric data collected by automakers. (D) Motor vehicle data obtained by car insurance companies. (E) Data from the States that received a grant under section 6020 of the FAST Act (23 U.S.C. 503 note; Public Law 114-94) (as in effect on the day before the date of enactment of this Act). (F) Motor vehicle data obtained from fueling stations. (G) Any other method that the Secretary considers appropriate. (2) Coordination.-- (A) <<NOTE: Determination.>> Selection.--The Secretary shall determine which collection tools under paragraph (1) are selected for the pilot program. (B) Volunteer participants.--In a manner that the Secretary considers appropriate, the Secretary shall enable each volunteer participant to choose 1 of the selected collection tools under paragraph (1). (e) Motor Vehicle Per-mile User Fees.--For the purposes of the pilot program, the Secretary of the Treasury shall establish, on an annual basis, per-mile user fees for passenger motor vehicles, light trucks, and medium- and heavy-duty trucks, which amount may vary between vehicle types and weight classes to reflect estimated impacts on infrastructure, safety, congestion, the environment, or other related social impacts. (f) <<NOTE: Coordination.>> Volunteer Participants.--The Secretary, in coordination with the Secretary of the Treasury, shall-- (1)(A) ensure, to the extent practicable, that the greatest number of volunteer participants participate in the pilot program; and (B) ensure that such volunteer participants represent geographically diverse regions of the United States, including from urban and rural areas; and (2) issue policies relating to the protection of volunteer participants, including policies that-- (A) protect the privacy of volunteer participants; and (B) secure the data provided by volunteer participants. (g) Federal System Funding Alternative Advisory Board.-- [[Page 135 STAT. 627]] (1) <<NOTE: Deadline.>> In general.--Not later than 90 days after the date of enactment of this Act, the Secretary shall establish an advisory board, to be known as the ``Federal System Funding Alternative Advisory Board'', to assist with-- (A) <<NOTE: Recommenda- tions.>> providing the Secretary with recommendations related to the structure, scope, and methodology for developing and implementing the pilot program; (B) carrying out the public awareness campaign under subsection (h); and (C) developing the report under subsection (n). (2) <<NOTE: Appointments.>> Membership.--The advisory board shall include, at a minimum, the following representatives and entities, to be appointed by the Secretary: (A) State departments of transportation. (B) Any public or nonprofit entity that led a surface transportation system funding alternatives pilot project under section 6020 of the FAST Act (23 U.S.C. 503 note; Public Law 114-94) (as in effect on the day before the date of enactment of this Act). (C) Representatives of the trucking industry, including owner-operator independent drivers. (D) Data security experts with expertise in personal privacy. (E) Academic experts on surface transportation systems. (F) Consumer advocates, including privacy experts. (G) Advocacy groups focused on equity. (H) Owners of motor vehicle fleets. (I) Owners and operators of toll facilities. (J) Tribal groups or representatives. (K) <<NOTE: Determination.>> Any other representatives or entities, as determined appropriate by the Secretary. (3) <<NOTE: Deadline.>> Recommendations.--Not later than 1 year after the date on which the advisory board is established under paragraph (1), the advisory board shall provide the Secretary with the recommendations described in subparagraph (A) of that paragraph, which the Secretary shall use in implementing the pilot program. (h) Public Awareness Campaign.-- (1) In general.--The Secretary, with guidance from the advisory board, may carry out a public awareness campaign to increase public awareness regarding a national motor vehicle per-mile user fee, including distributing information-- (A) related to the pilot program; (B) from the State surface transportation system funding alternatives pilot program under section 6020 of the FAST Act (23 U.S.C. 503 note; Public Law 114-94) (as in effect on the day before the date of enactment of this Act); and (C) related to consumer privacy. (2) Considerations.--In carrying out the public awareness campaign under this subsection, the Secretary shall consider issues unique to each State. (i) <<NOTE: Coordination.>> Revenue Collection.--The Secretary of the Treasury, in coordination with the Secretary, shall establish a mechanism to collect motor vehicle per-mile user fees established under subsection (e) from volunteer participants, which-- [[Page 135 STAT. 628]] (1) may be adjusted as needed to address technical challenges; and (2) may allow independent and private third-party vendors to collect the motor vehicle per-mile user fees and forward such fees to the Treasury. (j) <<NOTE: Contracts.>> Agreement.--The Secretary may enter into an agreement with a volunteer participant containing such terms and conditions as the Secretary considers necessary for participation in the pilot program. (k) Limitation.--Any revenue collected through the mechanism established under subsection (i) shall not be considered a toll under section 301 of title 23, United States Code. (l) Highway Trust Fund.--The Secretary of the Treasury shall ensure that any revenue collected under subsection (i) is deposited into the Highway Trust Fund. (m) <<NOTE: Deadlines. Time period. Consultation. Estimates.>> Payment.--Not more than 60 days after the end of each calendar quarter in which a volunteer participant has participated in the pilot program, the Secretary of the Treasury, in consultation with the Secretary of Transportation, shall estimate an amount of payment for each volunteer based on the vehicle miles submitted by the volunteer for the calendar quarter and issue such payment to such volunteer participant. (n) <<NOTE: Analysis.>> Report to Congress.--Not later than 1 year after the date on which volunteer participants begin participating in the pilot program, and each year thereafter for the duration of the pilot program, the Secretary and the Secretary of the Treasury shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report that includes an analysis of-- (1) whether the objectives described in subsection (b)(2) were achieved; (2) how volunteer participant protections in subsection (f)(2) were complied with; (3) <<NOTE: Estimates.>> whether motor vehicle per-mile user fees can maintain the long-term solvency of the Highway Trust Fund and improve and maintain the surface transportation system, which shall include estimates of administrative costs related to collecting such motor vehicle per mile user fees; (4) how the privacy of volunteers was maintained; and (5) equity impacts of the pilot program, including the impacts of the pilot program on low-income commuters. (o) Funding.-- (1) <<NOTE: Time period.>> In general.--Of the funds made available to carry out section 503(b) of title 23, United States Code, for each of fiscal years 2022 through 2026 $10,000,000 shall be used to carry out the pilot program under this section. (2) Excess funds.--Any excess funds remaining after carrying out the pilot program under this section shall be available to make grants for pilot projects under section 13001. SEC. 13003. PERFORMANCE MANAGEMENT DATA SUPPORT PROGRAM. Section 6028(c) of the FAST Act (23 U.S.C. 150 note; Public Law 114- 94) is amended by striking ``fiscal years 2016 through 2020'' and inserting ``fiscal years 2022 through 2026''. [[Page 135 STAT. 629]] SEC. 13004. <<NOTE: 23 USC 503 note.>> DATA INTEGRATION PILOT PROGRAM. (a) Establishment.--The Secretary shall establish a pilot program-- (1) to provide research and develop models that integrate, in near-real-time, data from multiple sources, including geolocated-- (A) weather conditions; (B) roadway conditions; (C) incidents, work zones, and other nonrecurring events related to emergency planning; and (D) information from emergency responders; and (2) to facilitate data integration between the Department, the National Weather Service, and other sources of data that provide real-time data with respect to roadway conditions during or as a result of severe weather events, including, at a minimum-- (A) winter weather; (B) heavy rainfall; and (C) tropical weather events. (b) Requirements.--In carrying out subsection (a)(1), the Secretary shall-- (1) address the safety, resiliency, and vulnerability of the transportation system to disasters; and (2) develop tools for decisionmakers and other end-users who could use or benefit from the integrated data described in that subsection to improve public safety and mobility. (c) Treatment.--Except as otherwise provided in this section, the Secretary shall carry out activities under the pilot program under this section as if-- (1) those activities were authorized under chapter 5 of title 23, United States Code; and (2) the funds made available to carry out the pilot program were made available under that chapter. (d) <<NOTE: Time period.>> Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $2,500,000 for each of fiscal years 2022 through 2026, to remain available until expended. SEC. 13005. <<NOTE: 23 USC 503 note.>> EMERGING TECHNOLOGY RESEARCH PILOT PROGRAM. (a) Establishment.--The Secretary shall establish a pilot program to conduct emerging technology research in accordance with this section. (b) Activities.--The pilot program under this section shall include-- (1) research and development activities relating to leveraging advanced and additive manufacturing technologies to increase the structural integrity and cost-effectiveness of surface transportation infrastructure; and (2) research and development activities (including laboratory and test track supported accelerated pavement testing research regarding the impacts of connected, autonomous, and platooned vehicles on pavement and infrastructure performance)-- (A) to reduce the impact of automated and connected driving systems and advanced driver-assistance systems on pavement and infrastructure performance; and [[Page 135 STAT. 630]] (B) to improve transportation infrastructure design in anticipation of increased usage of automated driving systems and advanced driver-assistance systems. (c) Treatment.--Except as otherwise provided in this section, the Secretary shall carry out activities under the pilot program under this section as if-- (1) those activities were authorized under chapter 5 of title 23, United States Code; and (2) the funds made available to carry out the pilot program were made available under that chapter. (d) <<NOTE: Time period.>> Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $5,000,000 for each of fiscal years 2022 through 2026, to remain available until expended. SEC. 13006. RESEARCH AND TECHNOLOGY DEVELOPMENT AND DEPLOYMENT. (a) In General.--Section 503 of title 23, United States Code, is amended-- (1) in subsection (a)(2), by striking ``section 508'' and inserting ``section 6503 of title 49''; (2) in subsection (b)-- (A) in paragraph (1)-- (i) in subparagraph (C), by striking ``and'' at the end; (ii) in subparagraph (D), by striking the period at the end and inserting a semicolon; and (iii) by adding at the end the following: ``(E) engage with public and private entities to spur advancement of emerging transformative innovations through accelerated market readiness; and ``(F) <<NOTE: Consultation.>> consult frequently with public and private entities on new transportation technologies.''; (B) in paragraph (2)(C)-- (i) by redesignating clauses (x) through (xv) as clauses (xi) through (xvi), respectively; and (ii) by inserting after clause (ix) the following: ``(x) safety measures to reduce the number of wildlife-vehicle collisions;''; (C) in paragraph (3)-- (i) in subparagraph (B)(viii), by inserting ``, including weather,'' after ``events''; and (ii) in subparagraph (C)-- (I) in clause (xv), by inserting ``extreme weather events and'' after ``withstand''; (II) in clause (xviii), by striking ``and'' at the end; (III) in clause (xix), by striking the period at the end and inserting ``; and''; and (IV) by adding at the end the following: ``(xx) <<NOTE: Studies.>> studies on the deployment and revenue potential of the deployment of energy and broadband infrastructure in highway rights-of-way, including potential adverse impacts of the use or nonuse of those rights-of-way.''; (D) in paragraph (6)-- [[Page 135 STAT. 631]] (i) in subparagraph (A), by striking ``and'' at the end; (ii) in subparagraph (B), by striking the period at the end and inserting ``; and''; and (iii) by adding at the end the following: ``(C) <<NOTE: Consultation.>> to support research on non-market-ready technologies in consultation with public and private entities.''; (E) in paragraph (7)(B)-- (i) in the matter preceding clause (i), by inserting ``innovations by leading'' after ``support''; (ii) in clause (iii), by striking ``and'' at the end; (iii) in clause (iv), by striking the period at the end and inserting ``; and''; and (iv) by adding at the end the following: ``(v) <<NOTE: Evaluation.>> the evaluation of information from accelerated market readiness efforts, including non-market-ready technologies, in consultation with other offices of the Federal Highway Administration, the National Highway Traffic Safety Administration, and other key partners.''; (F) in paragraph (8)(A), by striking ``future highway'' and all that follows through ``needs.'' and inserting the following: ``current conditions and future needs of highways, bridges, and tunnels of the United States, including-- ``(i) the conditions and performance of the highway network for freight movement; ``(ii) intelligent transportation systems; ``(iii) resilience needs; and ``(iv) the backlog of current highway, bridge, and tunnel needs.''; and (G) by adding at the end the following: ``(9) Analysis tools.--The Secretary may develop interactive modeling tools and databases that-- ``(A) track the full condition of highway assets, including interchanges, and the reconstruction history of those assets; ``(B) can be used to assess transportation options; ``(C) allow for the monitoring and modeling of network-level traffic flows on highways; and ``(D) further Federal and State understanding of the importance of national and regional connectivity and the need for long-distance and interregional passenger and freight travel by highway and other surface transportation modes.''; and (3) in subsection (c)-- (A) in paragraph (1)-- (i) in the matter preceding subparagraph (A), by inserting ``use of rights-of-way permissible under applicable law,'' after ``structures,''; (ii) in subparagraph (D), by striking ``and'' at the end; (iii) in subparagraph (E), by striking the period at the end and inserting ``; and''; and (iv) by adding at the end the following: ``(F) <<NOTE: Evaluation.>> disseminating and evaluating information from accelerated market readiness efforts, including non-market-ready technologies, to public and private entities.''; [[Page 135 STAT. 632]] (B) in paragraph (2)-- (i) in subparagraph (B)(iii), by striking ``improved tools and methods to accelerate the adoption'' and inserting ``and deploy improved tools and methods to accelerate the adoption of early-stage and proven innovative practices and technologies and, as the Secretary determines to be appropriate, support continued implementation''; and (ii) by adding at the end the following: ``(D) <<NOTE: Public information. Web posting.>> Report.--Not later than 2 years after the date of enactment of this subparagraph and every 2 years thereafter, the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives and make publicly available on an internet website a report that describes-- ``(i) the activities the Secretary has undertaken to carry out the program established under paragraph (1); and ``(ii) how and to what extent the Secretary has worked to disseminate non-market-ready technologies to public and private entities.''; (C) in paragraph (3)-- (i) by redesignating subparagraphs (C) and (D) as subparagraphs (D) and (E), respectively; (ii) by inserting after subparagraph (B) the following: ``(C) High-friction surface treatment application study.-- ``(i) Definition of institution.--In this subparagraph, the term `institution' means a private sector entity, public agency, research university or other research institution, or organization representing transportation and technology leaders or other transportation stakeholders that, as determined by the Secretary, is capable of working with State highway agencies, the Federal Highway Administration, and the highway construction industry to develop and evaluate new products, design technologies, and construction methods that quickly lead to pavement improvements. ``(ii) <<NOTE: Contracts.>> Study.--The Secretary shall seek to enter into an agreement with an institution to carry out a study on the use of natural and synthetic calcined bauxite as a high-friction surface treatment application on pavement. ``(iii) Report.--Not later than 18 months after the date of enactment of the Surface Transportation Reauthorization Act of 2021, the Secretary shall submit a report on the results of the study under clause (ii) to-- ``(I) the Committee on Environment and Public Works of the Senate; ``(II) the Committee on Transportation and Infrastructure of the House of Representatives; ``(III) the Federal Highway Administration; and [[Page 135 STAT. 633]] ``(IV) the American Association of State Highway and Transportation Officials.''; (iii) in subparagraph (D) (as so redesignated), by striking ``fiscal years 2016 through 2020'' and inserting ``fiscal years 2022 through 2026''; and (iv) in subparagraph (E) (as so redesignated)-- (I) in clause (i), by striking ``annually'' and inserting ``once every 3 years''; and (II) in clause (ii)-- (aa) in subclause (III), by striking ``and'' at the end; (bb) in subclause (IV), by striking the period at the end and inserting a semicolon; and (cc) by adding at the end the following: ``(V) pavement monitoring and data collection practices; ``(VI) pavement durability and resilience; ``(VII) stormwater management; ``(VIII) impacts on vehicle efficiency; ``(IX) the energy efficiency of the production of paving materials and the ability of paving materials to enhance the environment and promote sustainability; and ``(X) integration of renewable energy in pavement designs.''; and (D) by adding at the end the following: ``(5) Accelerated implementation and deployment of advanced digital construction management systems.-- ``(A) In general.--The Secretary shall establish and implement a program under the technology and innovation deployment program established under paragraph (1) to promote, implement, deploy, demonstrate, showcase, support, and document the application of advanced digital construction management systems, practices, performance, and benefits. ``(B) Goals.--The goals of the accelerated implementation and deployment of advanced digital construction management systems program established under subparagraph (A) shall include-- ``(i) accelerated State adoption of advanced digital construction management systems applied throughout the construction lifecycle (including through the design and engineering, construction, and operations phases) that-- ``(I) maximize interoperability with other systems, products, tools, or applications; ``(II) boost productivity; ``(III) manage complexity; ``(IV) reduce project delays and cost overruns; and ``(V) enhance safety and quality; ``(ii) more timely and productive information- sharing among stakeholders through reduced reliance on paper to manage construction processes and deliverables such as blueprints, design drawings, [[Page 135 STAT. 634]] procurement and supply-chain orders, equipment logs, daily progress reports, and punch lists; ``(iii) deployment of digital management systems that enable and leverage the use of digital technologies on construction sites by contractors, such as state-of-the-art automated and connected machinery and optimized routing software that allows construction workers to perform tasks faster, safer, more accurately, and with minimal supervision; ``(iv) the development and deployment of best practices for use in digital construction management; ``(v) increased technology adoption and deployment by States and units of local government that enables project sponsors-- ``(I) to integrate the adoption of digital management systems and technologies in contracts; and ``(II) to weigh the cost of digitization and technology in setting project budgets; ``(vi) technology training and workforce development to build the capabilities of project managers and sponsors that enables States and units of local government-- ``(I) to better manage projects using advanced construction management technologies; and ``(II) to properly measure and reward technology adoption across projects of the State or unit of local government; ``(vii) development of guidance to assist States in updating regulations of the State to allow project sponsors and contractors-- ``(I) to report data relating to the project in digital formats; and ``(II) to fully capture the efficiencies and benefits of advanced digital construction management systems and related technologies; ``(viii) reduction in the environmental footprint of construction projects using advanced digital construction management systems resulting from elimination of congestion through more efficient projects; and ``(ix) enhanced worker and pedestrian safety resulting from increased transparency. ``(C) <<NOTE: Time period.>> Funding.--For each of fiscal years 2022 through 2026, the Secretary shall obligate from funds made available to carry out this subsection $20,000,000 to accelerate the deployment and implementation of advanced digital construction management systems. ``(D) Publication.-- ``(i) <<NOTE: Public information. Web posting. Reports.>> In general.--Not less frequently than annually, the Secretary shall issue and make available to the public on a website a report on-- ``(I) progress made in the implementation of advanced digital management systems by States; and [[Page 135 STAT. 635]] ``(II) the costs and benefits of the deployment of new technology and innovations that substantially and directly resulted from the program established under this paragraph. ``(ii) <<NOTE: Analysis.>> Inclusions.--The report under clause (i) may include an analysis of-- ``(I) Federal, State, and local cost savings; ``(II) project delivery time improvements; ``(III) congestion impacts; and ``(IV) safety improvements for roadway users and construction workers.''. (b) Advanced Transportation Technologies and Innovative Mobility Deployment.--Section 503(c)(4) of title 23, United States Code, is amended-- (1) in the heading, by inserting ``and innovative mobility'' before ``deployment''; (2) by striking subparagraph (A) and inserting the following: ``(A) <<NOTE: Grants.>> In general.--The Secretary shall provide grants to eligible entities to deploy, install, and operate advanced transportation technologies to improve safety, mobility, efficiency, system performance, intermodal connectivity, and infrastructure return on investment.''; (3) in subparagraph (B)-- (A) in clause (i), by striking ``the enhanced use'' and inserting ``optimization''; (B) in clause (v)-- (i) by striking ``transit,'' and inserting ``work zone, weather, transit, paratransit,''; and (ii) by striking ``and accessible transportation'' and inserting ``, accessible, and integrated transportation and transportation services''; (C) by redesignating clauses (i) through (viii) as clauses (iii), (iv), (v), (vi), (vii), (ix), (x), and (xi), respectively; (D) by inserting before clause (iii) (as so redesignated) the following: ``(i) improve the mobility of people and goods; ``(ii) improve the durability and extend the life of transportation infrastructure;''; (E) in clause (iv) (as so redesignated), by striking ``deliver'' and inserting ``protect the environment and deliver''; (F) by inserting after clause (vii) (as so redesignated) the following: ``(viii) facilitate account-based payments for transportation access and services and integrate payment systems across modes;''; (G) in clause (x) (as so redesignated), by striking ``or'' at the end; (H) in clause (xi) (as so redesignated)-- (i) by inserting ``vehicle-to-pedestrian,'' after ``vehicle-to-infrastructure,''; and (ii) by striking the period at the end and inserting ``; or''; and (I) by adding at the end the following: ``(xii) incentivize travelers-- [[Page 135 STAT. 636]] ``(I) to share trips during periods in which travel demand exceeds system capacity; or ``(II) to shift trips to periods in which travel demand does not exceed system capacity.''; (4) in subparagraph (C)-- (A) in clause (i), by striking ``Not later'' and all that follows through ``thereafter'' and inserting ``Each fiscal year for which funding is made available for activities under this paragraph''; and (B) in clause (ii)-- (i) in subclause (I), by inserting ``mobility,'' after ``safety,''; and (ii) in subclause (II)-- (I) in item (bb), by striking ``and'' at the end; (II) in item (cc), by striking the period at the end and inserting ``; and''; and (III) by adding at the end the following: ``(dd) facilitating payment for transportation services.''; (5) in subparagraph (D)-- (A) in clause (i), by striking ``Not later'' and all that follows through ``thereafter'' and inserting ``Each fiscal year for which funding is made available for activities under this paragraph''; and (B) in clause (ii)-- (i) by striking ``In awarding'' and inserting the following: ``(I) In general.--Subject to subclause (II), in awarding''; and (ii) by adding at the end the following: ``(II) Rural set-aside.--Not less than 20 percent of the amounts made available to carry out this paragraph shall be reserved for projects serving rural areas.''; (6) in subparagraph (E)-- (A) by redesignating clauses (iii) through (ix) as clauses (iv), (v), (vi), (vii), (viii), (xi), and (xiv), respectively; (B) by inserting after clause (ii) the following: ``(iii) advanced transportation technologies to improve emergency evacuation and response by Federal, State, and local authorities;''; (C) by inserting after clause (viii) (as so redesignated) the following: ``(ix) integrated corridor management systems; ``(x) advanced parking reservation or variable pricing systems;''; (D) in clause (xi) (as so redesignated)-- (i) by inserting ``, toll collection,'' after ``pricing''; and (ii) by striking ``or'' at the end; (E) by inserting after clause (xi) (as so redesignated) the following: ``(xii) technology that enhances high occupancy vehicle toll lanes, cordon pricing, or congestion pricing; ``(xiii) integration of transportation service payment systems;''; (F) in clause (xiv) (as so redesignated)-- [[Page 135 STAT. 637]] (i) by striking ``and access'' and inserting ``, access, and on-demand transportation service''; (ii) by inserting ``and other shared-use mobility applications'' after ``ridesharing''; and (iii) by striking the period at the end and inserting a semicolon; and (G) by adding at the end the following: ``(xv) retrofitting dedicated short-range communications (DSRC) technology deployed as part of an existing pilot program to cellular vehicle- to-everything (C-V2X) technology, subject to the condition that the retrofitted technology operates only within the existing spectrum allocations for connected vehicle systems; or ``(xvi) advanced transportation technologies, in accordance with the research areas described in section 6503 of title 49.''; (7) in subparagraph (F)(ii)(IV), by striking ``efficiency and multimodal system performance'' and inserting ``mobility, efficiency, multimodal system performance, and payment system performance''; (8) in subparagraph (G)-- (A) by redesignating clauses (vi) through (viii) as clauses (vii) through (ix), respectively; and (B) by inserting after clause (v) the following: ``(vi) improved integration of payment systems;''; (9) in subparagraph (I)(i), by striking ``fiscal years 2016 through 2020'' and inserting ``fiscal years 2022 through 2026''; (10) in subparagraph (J), by striking ``50'' and inserting ``80''; and (11) in subparagraph (N)-- (A) in the matter preceding clause (i), by striking ``, the following definitions apply''; (B) in clause (i), by striking ``representing a population of over 200,000''; and (C) in clause (iii), in the matter preceding subclause (I), by striking ``a any'' and inserting ``any''. (c) Center of Excellence on New Mobility and Automated Vehicles.-- Section 503(c) of title 23, United States Code (as amended by subsection (a)(3)(D)), is amended by adding at the end the following: ``(6) Center of excellence.-- ``(A) Definitions.--In this paragraph: ``(i) Highly automated vehicle.--The term `highly automated vehicle' means a motor vehicle that-- ``(I) has a taxable gross weight (as defined in section 41.4482(b)-1 of title 26, Code of Federal Regulations (or successor regulations)) of 10,000 pounds or less; and ``(II) is equipped with a Level 3, Level 4, or Level 5 automated driving system (as defined in the SAE International Recommended Practice numbered J3016 and dated June 15, 2018 (or a subsequent standard adopted by the Secretary)). ``(ii) New mobility.--The term `new mobility' includes shared services such as-- ``(I) docked and dockless bicycles; [[Page 135 STAT. 638]] ``(II) docked and dockless electric scooters; and ``(III) transportation network companies. ``(B) <<NOTE: Deadline.>> Establishment.--Not later than 1 year after the date of enactment of the Surface Transportation Reauthorization Act of 2021, the Secretary shall establish a Center of Excellence to collect, conduct, and fund research on the impacts of new mobility and highly automated vehicles on land use, urban design, transportation, real estate, equity, and municipal budgets. ``(C) Report.--Not later than 1 year after the date on which the Center of Excellence is established, the Secretary shall submit a report that describes the results of the research regarding the impacts of new mobility and highly automated vehicles to the Committees on Environment and Public Works and Commerce, Science, and Transportation of the Senate and the Committees on Transportation and Infrastructure and Energy and Commerce of the House of Representatives. ``(D) Partnerships.--In establishing the Center of Excellence under subparagraph (B), the Secretary shall enter into appropriate partnerships with any institution of higher education (as defined in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001)) or public or private research entity.''. (d) <<NOTE: Reports.>> Accelerated Implementation and Deployment of Advanced Digital Construction Management Systems.--Not later than 1 year after the date of enactment of this Act, the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report that includes-- (1) a description of-- (A) the current status of the use of advanced digital construction management systems in each State; and (B) the progress of each State toward accelerating the adoption of advanced digital construction management systems; and (2) <<NOTE: Analysis.>> an analysis of the savings in project delivery time and project costs that can be achieved through the use of advanced digital construction management systems. (e) <<NOTE: 23 USC 503 note.>> Open Challenge and Research Proposal Pilot Program.-- (1) In general.--The Secretary shall establish an open challenge and research proposal pilot program under which eligible entities may propose open highway challenges and research proposals that are linked to identified or potential research needs. (2) Requirements.--A research proposal submitted to the Secretary by an eligible entity shall address-- (A) a research need identified by the Secretary or the Administrator of the Federal Highway Administration; or (B) an issue or challenge that the Secretary determines to be important. (3) Eligible entities.--An entity eligible to submit a research proposal under the pilot program under paragraph (1) is-- (A) a State; [[Page 135 STAT. 639]] (B) a unit of local government; (C) a university transportation center under section 5505 of title 49, United States Code; (D) a private nonprofit organization; (E) a private sector organization working in collaboration with an entity described in subparagraphs (A) through (D); and (F) any other individual or entity that the Secretary determines to be appropriate. (4) Project review.--The Secretary shall-- (A) review each research proposal submitted under the pilot program under paragraph (1); and (B) <<NOTE: Notice.>> provide to the eligible entity a written notice that-- (i) if the research proposal is not selected-- (I) notifies the eligible entity that the research proposal has not been selected for funding; (II) provides an explanation as to why the research proposal was not selected, including if the research proposal does not cover an area of need; and (III) <<NOTE: Recommenda- tions.>> if applicable, recommend that the research proposal be submitted to another research program and provide guidance and direction to the eligible entity and the proposed research program office; and (ii) <<NOTE: Notification.>> if the research proposal is selected, notifies the eligible entity that the research proposal has been selected for funding. (5) Federal share.-- (A) In general.--The Federal share of the cost of an activity carried out under this subsection shall not exceed 80 percent. (B) Non-federal share.--All costs directly incurred by the non-Federal partners, including personnel, travel, facility, and hardware development costs, shall be credited toward the non-Federal share of the cost of an activity carried out under this subsection. (f) Conforming Amendment.--Section 167 of title 23, United States Code, is amended-- (1) by striking subsection (h); and (2) by redesignating subsections (i) through (l) as subsections (h) through (k), respectively. SEC. 13007. WORKFORCE DEVELOPMENT, TRAINING, AND EDUCATION. (a) Surface Transportation Workforce Development, Training, and Education.--Section 504(e) of title 23, United States Code, is amended-- (1) in paragraph (1)-- (A) by redesignating subparagraphs (D) through (G) as subparagraphs (E), (F), (H), and (I), respectively; (B) by inserting after subparagraph (C) the following: ``(D) pre-apprenticeships, apprenticeships, and career opportunities for on-the-job training;''; (C) in subparagraph (E) (as so redesignated), by striking ``or community college'' and inserting ``, college, community college, or vocational school''; and [[Page 135 STAT. 640]] (D) by inserting after subparagraph (F) (as so redesignated) the following: ``(G) activities associated with workforce training and employment services, such as targeted outreach and partnerships with industry, economic development organizations, workforce development boards, and labor organizations;''; (2) in paragraph (2), by striking ``paragraph (1)(G)'' and inserting ``paragraph (1)(I)''; and (3) in paragraph (3)-- (A) by striking the period at the end and inserting a semicolon; (B) by striking ``including activities'' and inserting the following: ``including-- ``(A) activities''; and (C) by adding at the end the following: ``(B) activities that address current workforce gaps, such as work on construction projects, of State and local transportation agencies; ``(C) activities to develop a robust surface transportation workforce with new skills resulting from emerging transportation technologies; and ``(D) activities to attract new sources of job- creating investment.''. (b) Transportation Education and Training Development and Deployment Program.--Section 504(f) of title 23, United States Code, is amended-- (1) in the subsection heading, by striking ``Development'' and inserting ``and Training Development and Deployment''; (2) by striking paragraph (1) and inserting the following: ``(1) <<NOTE: Grants.>> Establishment.--The Secretary shall establish a program to make grants to educational institutions or State departments of transportation, in partnership with industry and relevant Federal departments and agencies-- ``(A) to develop, test, and review new curricula and education programs to train individuals at all levels of the transportation workforce; or ``(B) to implement the new curricula and education programs to provide for hands-on career opportunities to meet current and future needs.''; (3) in paragraph (2)-- (A) in the matter preceding subparagraph (A), by striking ``shall'' and inserting ``may''; (B) in subparagraph (A), by inserting ``current or future'' after ``specific''; and (C) in subparagraph (E)-- (i) by striking ``in nontraditional departments''; (ii) by inserting ``construction,'' after ``such as''; and (iii) by inserting ``or emerging'' after ``industrial''; (4) by redesignating paragraph (3) as paragraph (4); and (5) by inserting after paragraph (2) the following: ``(3) Reporting.--The Secretary shall establish minimum reporting requirements for grant recipients under this subsection, which may include, with respect to a program carried out with a grant under this subsection-- [[Page 135 STAT. 641]] ``(A) the percentage or number of program participants that are employed during the second quarter after exiting the program; ``(B) the percentage or number of program participants that are employed during the fourth quarter after exiting the program; ``(C) the median earnings of program participants that are employed during the second quarter after exiting the program; ``(D) the percentage or number of program participants that obtain a recognized postsecondary credential or a secondary school diploma (or a recognized equivalent) during participation in the program or by not later than 1 year after exiting the program; and ``(E) the percentage or number of program participants that, during a program year-- ``(i) are in an education or training program that leads to a recognized postsecondary credential or employment; and ``(ii) are achieving measurable skill gains toward such a credential or employment.''. (c) Use of Funds.--Section 504 of title 23, United States Code, is amended by adding at the end the following: ``(i) Use of Funds.--The Secretary may use funds made available to carry out this section to carry out activities related to workforce development and technical assistance and training if-- ``(1) the activities are authorized by another provision of this title; and ``(2) the activities are for entities other than employees of the Secretary, such as States, units of local government, Federal land management agencies, and Tribal governments.''. SEC. 13008. WILDLIFE-VEHICLE COLLISION RESEARCH. (a) General Authorities and Requirements Regarding Wildlife and Habitat.--Section 515(h)(2) of title 23, United States Code, is amended-- (1) in subparagraph (K), by striking ``and'' at the end; (2) by redesignating subparagraphs (D), (E), (F), (G), (H), (I), (J), (K), and (L) as subparagraphs (E), (F), (G), (H), (I), (K), (L), (M), and (O), respectively; (3) by inserting after subparagraph (C) the following: ``(D) a representative from a State, local, or regional wildlife, land use, or resource management agency;''; (4) by inserting after subparagraph (I) (as so redesignated) the following: ``(J) an academic researcher who is a biological or ecological scientist with expertise in transportation issues;''; and (5) by inserting after subparagraph (M) (as so redesignated) the following: ``(N) a representative from a public interest group concerned with the impact of the transportation system on terrestrial and aquatic species and the habitat of those species; and''. (b) Animal Detection Systems Research and Development.--Section 516(b)(6) of title 23, United States Code, is amended [[Page 135 STAT. 642]] by inserting ``, including animal detection systems to reduce the number of wildlife-vehicle collisions'' after ``systems''. SEC. 13009. TRANSPORTATION RESILIENCE AND ADAPTATION CENTERS OF EXCELLENCE. (a) In General.--Chapter 5 of title 23, United States Code, is amended by adding at the end the following: ``Sec. 520. <<NOTE: 23 USC 520.>> Transportation Resilience and Adaptation Centers of Excellence ``(a) Definition of Center of Excellence.--In this section, the term `Center of Excellence' means a Center of Excellence for Resilience and Adaptation designated under subsection (b). ``(b) <<NOTE: Grants.>> Designation.--The Secretary shall designate 10 regional Centers of Excellence for Resilience and Adaptation and 1 national Center of Excellence for Resilience and Adaptation, which shall serve as a coordinator for the regional Centers, to receive grants to advance research and development that improves the resilience of regions of the United States to natural disasters and extreme weather by promoting the resilience of surface transportation infrastructure and infrastructure dependent on surface transportation. ``(c) Eligibility.--An entity eligible to be designated as a Center of Excellence is-- ``(1) an institution of higher education (as defined in section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002)); or ``(2) a consortium of nonprofit organizations led by an institution of higher education. ``(d) <<NOTE: Proposal.>> Application.--To be eligible to be designated as a Center of Excellence, an eligible entity shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require, including a proposal that includes a description of the activities to be carried out with a grant under this section. ``(e) Selection.-- ``(1) Regional centers of excellence.--The Secretary shall designate 1 regional Center of Excellence in each of the 10 Federal regions that comprise the Standard Federal Regions established by the Office of Management and Budget in the document entitled `Standard Federal Regions' and dated April 1974 (circular A-105). ``(2) National center of excellence.--The Secretary shall designate 1 national Center of Excellence to coordinate the activities of all 10 regional Centers of Excellence to minimize duplication and promote coordination and dissemination of research among the Centers. ``(3) Criteria.--In selecting eligible entities to designate as a Center of Excellence, the Secretary shall consider-- ``(A) the past experience and performance of the eligible entity in carrying out activities described in subsection (g); ``(B) the merits of the proposal of an eligible entity and the extent to which the proposal would-- ``(i) advance the state of practice in resilience planning and identify innovative resilience solutions for transportation assets and systems; [[Page 135 STAT. 643]] ``(ii) support activities carried out under the PROTECT program under section 176; ``(iii) support and build on work being carried out by another Federal agency relating to resilience; ``(iv) inform transportation decisionmaking at all levels of government; ``(v) engage local, regional, Tribal, State, and national stakeholders, including, if applicable, stakeholders representing transportation, transit, urban, and land use planning, natural resources, environmental protection, hazard mitigation, and emergency management; and ``(vi) engage community groups and other stakeholders that will be affected by transportation decisions, including underserved, economically disadvantaged, rural, and predominantly minority communities; and ``(C) the local, regional, Tribal, State, and national impacts of the proposal of the eligible entity. ``(f) <<NOTE: Time period.>> Grants.--Subject to the availability of appropriations, the Secretary shall provide to each Center of Excellence a grant of not less than $5,000,000 for each of fiscal years 2022 through 2031 to carry out the activities described in subsection (g). ``(g) Activities.--In carrying out this section, the Secretary shall ensure that a Center of Excellence uses the funds from a grant under subsection (f) to promote resilient transportation infrastructure, including through-- ``(1) supporting climate vulnerability assessments informed by climate change science, including national climate assessments produced by the United States Global Change Research Program under section 106 of the Global Change Research Act of 1990 (15 U.S.C. 2936), relevant feasibility analyses of resilient transportation improvements, and transportation resilience planning; ``(2) development of new design, operations, and maintenance standards for transportation infrastructure that can inform Federal and State decisionmaking; ``(3) research and development of new materials and technologies that could be integrated into existing and new transportation infrastructure; ``(4) development, refinement, and piloting of new and emerging resilience improvements and strategies, including natural infrastructure approaches and relocation; ``(5) development of and investment in new approaches for facilitating meaningful engagement in transportation decisionmaking by local, Tribal, regional, or national stakeholders and communities; ``(6) technical capacity building to facilitate the ability of local, regional, Tribal, State, and national stakeholders-- ``(A) <<NOTE: Assessment.>> to assess the vulnerability of transportation infrastructure assets and systems; ``(B) to develop community response strategies; ``(C) to meaningfully engage with community stakeholders; and ``(D) <<NOTE: Strategies.>> to develop strategies and improvements for enhancing transportation infrastructure resilience under [[Page 135 STAT. 644]] current conditions and a range of potential future conditions; ``(7) workforce development and training; ``(8) <<NOTE: Assessments.>> development and dissemination of data, tools, techniques, assessments, and information that informs Federal, State, Tribal, and local government decisionmaking, policies, planning, and investments; ``(9) education and outreach regarding transportation infrastructure resilience; and ``(10) technology transfer and commercialization. ``(h) Federal Share.--The Federal share of the cost of an activity under this section, including the costs of establishing and operating a Center of Excellence, shall be 50 percent.''. (b) Clerical Amendment.--The analysis for chapter 5 of title 23, United States Code, <<NOTE: 23 USC 501 prec.>> is amended by adding at the end the following: ``520. Transportation Resilience and Adaptation Centers of Excellence.''. SEC. 13010. <<NOTE: 23 USC 134 note.>> TRANSPORTATION ACCESS PILOT PROGRAM. (a) Definitions.--In this section: (1) Metropolitan planning organization.--The term ``metropolitan planning organization'' has the meaning given the term in section 134(b) of title 23, United States Code. (2) State.--The term ``State'' has the meaning given the term in section 101(a) of title 23, United States Code. (3) Surface transportation modes.--The term ``surface transportation modes'' means-- (A) driving; (B) public transportation; (C) walking; (D) cycling; and (E) a combination of any of the modes of transportation described in subparagraphs (A) through (D). (4) Pilot program.--The term ``pilot program'' means the transportation pilot program established under subsection (b). (5) Regional transportation planning organization.--The term ``regional transportation planning organization'' has the meaning given the term in section 134(b) of title 23, United States Code. (b) <<NOTE: Deadline.>> Establishment.--Not later than 1 year after the date of enactment of this Act, the Secretary shall establish a transportation pilot program. (c) <<NOTE: Contracts. Data.>> Purpose.--The purpose of the pilot program is to develop or procure an accessibility data set and make that data set available to each eligible entity selected to participate in the pilot program-- (1) to improve the transportation planning of those eligible entities by-- (A) measuring the level of access by surface transportation modes to important destinations, which may include-- (i) jobs; (ii) health care facilities; (iii) child care services; (iv) educational and workforce training facilities; (v) housing; (vi) food sources; [[Page 135 STAT. 645]] (vii) points within the supply chain for freight commodities; (viii) domestic or international markets; and (ix) connections between surface transportation modes; and (B) disaggregating the level of access by surface transportation modes by a variety of-- (i) population categories, which may include-- (I) low-income populations; (II) minority populations; (III) age; (IV) disability; and (V) geographical location; or (ii) freight commodities, which may include-- (I) agricultural commodities; (II) raw materials; (III) finished products; and (IV) energy commodities; and (2) to assess the change in accessibility that would result from new transportation investments. (d) Eligible Entities.--An entity eligible to participate in the pilot program is-- (1) a State; (2) a metropolitan planning organization; or (3) a regional transportation planning organization. (e) Application.--To be eligible to participate in the pilot program, an eligible entity shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require, including information relating to-- (1) previous experience of the eligible entity measuring transportation access or other performance management experience, if applicable; (2) the types of important destinations to which the eligible entity intends to measure access; (3) the types of data disaggregation the eligible entity intends to pursue; (4) a general description of the methodology the eligible entity intends to apply; and (5) if the applicant does not intend the pilot program to apply to the full area under the jurisdiction of the applicant, a description of the geographic area in which the applicant intends the pilot program to apply. (f) Selection.-- (1) In general.--The Secretary shall seek to achieve diversity of participants in the pilot program by selecting a range of eligible entities that shall include-- (A) States; (B) metropolitan planning organizations that serve an area with a population of 200,000 people or fewer; (C) metropolitan planning organizations that serve an area with a population of over 200,000 people; and (D) regional transportation planning organizations. (2) Inclusions.--The Secretary shall seek to ensure that, among the eligible entities selected under paragraph (1), there is-- (A) a range of capacity and previous experience with measuring transportation access; and [[Page 135 STAT. 646]] (B) a variety of proposed methodologies and focus areas for measuring level of access. (g) Duties.--For each eligible entity participating in the pilot program, the Secretary shall-- (1) develop or acquire an accessibility data set described in subsection (c); and (2) submit the data set to the eligible entity. (h) Methodology.--In calculating the measures for the data set under the pilot program, the Secretary shall ensure that methodology is open source. (i) Availability.--The Secretary shall make an accessibility data set under the pilot program available to-- (1) units of local government within the jurisdiction of the eligible entity participating in the pilot program; and (2) researchers. (j) Report.--Not later than 2 years after the date of enactment of this Act, and every 2 years thereafter, the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on the results of the pilot program, including the feasibility of developing and providing periodic accessibility data sets for all States, regions, and localities. (k) Transportation System Access.-- (1) In general.--The Secretary shall establish consistent measures that States, metropolitan planning organizations, and regional transportation planning organizations may choose to adopt to assess the level of safe and convenient access by surface transportation modes to important destinations as described in subsection (c)(1)(A). (2) Savings provision.--Nothing in this section provides the Secretary the authority-- (A) to establish a performance measure or require States or metropolitan planning organizations to set a performance target for access as described in paragraph (1); or (B) to establish any other Federal requirement. (l) Funding.--The Secretary shall carry out the pilot program using amounts made available to the Secretary for administrative expenses to carry out programs under the authority of the Secretary. (m) Sunset.--The pilot program shall terminate on the date that is 8 years after the date on which the pilot program is implemented. TITLE IV--INDIAN AFFAIRS SEC. 14001. <<NOTE: 23 USC 202 note.>> DEFINITION OF SECRETARY. In this title, the term ``Secretary'' means the Secretary of the Interior. SEC. 14002. <<NOTE: 23 USC 202 note.>> ENVIRONMENTAL REVIEWS FOR CERTAIN TRIBAL TRANSPORTATION FACILITIES. (a) Definition of Tribal Transportation Safety Project.-- (1) In general.--In this section, the term ``tribal transportation safety project'' means a project described in paragraph (2) that is eligible for funding under section 202 of title 23, United States Code. [[Page 135 STAT. 647]] (2) Project described.--A project described in this paragraph is a project that corrects or improves a hazardous road location or feature or addresses a highway safety problem through 1 or more of the activities described in any of the clauses under section 148(a)(4)(B) of title 23, United States Code. (b) Reviews of Tribal Transportation Safety Projects.-- (1) In general.--The Secretary or the Secretary of Transportation, as applicable, or the head of another Federal agency responsible for a decision related to a tribal transportation safety project shall complete any approval or decision for the review of the tribal transportation safety project required under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) or any other applicable Federal law on an expeditious basis using the shortest existing applicable process. (2) <<NOTE: Deadline.>> Review of applications.--Not later than 45 days after the date of receipt of a complete application by an Indian tribe for approval of a tribal transportation safety project, the Secretary or the Secretary of Transportation, as applicable, shall-- (A) take final action on the application; or (B) <<NOTE: Schedule.>> provide the Indian tribe a schedule for completion of the review described in paragraph (1), including the identification of any other Federal agency that has jurisdiction with respect to the project. (3) <<NOTE: Deadline.>> Decisions under other federal laws.--In any case in which a decision under any other Federal law relating to a tribal transportation safety project (including the issuance or denial of a permit or license) is required, not later than 45 days after the Secretary or the Secretary of Transportation, as applicable, has made all decisions of the lead agency under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) with respect to the project, the head of the Federal agency responsible for the decision shall-- (A) make the applicable decision; or (B) <<NOTE: Schedule.>> provide the Indian tribe a schedule for making the decision. (4) <<NOTE: Time period. Notice.>> Extensions.--The Secretary or the Secretary of Transportation, as applicable, or the head of the Federal agency may extend the period under paragraph (2) or (3), as applicable, by an additional 30 days by providing the Indian tribe notice of the extension, including a statement of the need for the extension. (5) Notification and explanation.--In any case in which a required action is not completed by the deadline under paragraph (2), (3), or (4), as applicable, the Secretary, the Secretary of Transportation, or the head of a Federal agency, as applicable, shall-- (A) notify the Committees on Indian Affairs and Environment and Public Works of the Senate and the Committee on Natural Resources of the House of Representatives of the failure to comply with the deadline; and (B) provide to the Committees described in subparagraph (A) a detailed explanation of the reasons for the failure to comply with the deadline. [[Page 135 STAT. 648]] SEC. 14003. <<NOTE: Contracts. 23 USC 202 note.>> PROGRAMMATIC AGREEMENTS FOR TRIBAL CATEGORICAL EXCLUSIONS. (a) <<NOTE: Procedures. Reviews.>> In General.--The Secretary and the Secretary of Transportation shall enter into programmatic agreements with Indian tribes that establish efficient administrative procedures for carrying out environmental reviews for projects eligible for assistance under section 202 of title 23, United States Code. (b) Inclusions.--A programmatic agreement under subsection (a)-- (1) <<NOTE: Determination.>> may include an agreement that allows an Indian tribe to determine, on behalf of the Secretary and the Secretary of Transportation, whether a project is categorically excluded from the preparation of an environmental assessment or environmental impact statement under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); and (2) shall-- (A) <<NOTE: Requirements.>> require that the Indian tribe maintain adequate capability in terms of personnel and other resources to carry out applicable agency responsibilities pursuant to section 1507.2 of title 40, Code of Federal Regulations (or successor regulations); (B) <<NOTE: Determinations.>> set forth the responsibilities of the Indian tribe for making categorical exclusion determinations, documenting the determinations, and achieving acceptable quality control and quality assurance; (C) allow-- (i) the Secretary and the Secretary of Transportation to monitor compliance of the Indian tribe with the terms of the agreement; and (ii) the Indian tribe to execute any needed corrective action; (D) contain stipulations for amendments, termination, and public availability of the agreement once the agreement has been executed; and (E) <<NOTE: Time period. Review.>> have a term of not more than 5 years, with an option for renewal based on a review by the Secretary and the Secretary of Transportation of the performance of the Indian tribe. SEC. 14004. USE OF CERTAIN TRIBAL TRANSPORTATION FUNDS. Section 202(d) of title 23, United States Code, is amended by striking paragraph (2) and inserting the following: ``(2) Use of funds.--Funds made available to carry out this subsection shall be used-- ``(A) to carry out any planning, design, engineering, preconstruction, construction, and inspection of new or replacement tribal transportation facility bridges; ``(B) to replace, rehabilitate, seismically retrofit, paint, apply calcium magnesium acetate, sodium acetate/formate, or other environmentally acceptable, minimally corrosive anti-icing and deicing composition; or ``(C) to implement any countermeasure for tribal transportation facility bridges classified as in poor condition, having a low load capacity, or needing geometric improvements, including multiple-pipe culverts.''. [[Page 135 STAT. 649]] SEC. 14005. BUREAU OF INDIAN AFFAIRS ROAD MAINTENANCE PROGRAM. There are authorized to be appropriated to the Director of the Bureau of Indian Affairs to carry out the road maintenance program of the Bureau-- (1) $50,000,000 for fiscal year 2022; (2) $52,000,000 for fiscal year 2023; (3) $54,000,000 for fiscal year 2024; (4) $56,000,000 for fiscal year 2025; and (5) $58,000,000 for fiscal year 2026. SEC. 14006. <<NOTE: 23 USC 202 note.>> STUDY OF ROAD MAINTENANCE ON INDIAN LAND. (a) Definitions.--In this section: (1) Indian land.--The term ``Indian land'' has the meaning given the term ``Indian lands'' in section 3 of the Native American Business Development, Trade Promotion, and Tourism Act of 2000 (25 U.S.C. 4302). (2) Indian tribe.--The term ``Indian tribe'' has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304). (3) Road.--The term ``road'' means a road managed in whole or in part by the Bureau of Indian Affairs. (4) Secretary.--The term ``Secretary'' means the Secretary, acting through the Assistant Secretary for Indian Affairs. (b) <<NOTE: Deadline. Consultation. Evaluation.>> Study.--Not later than 2 years after the date of enactment of this Act, the Secretary, in consultation with the Secretary of Transportation, shall carry out a study to evaluate-- (1) the long-term viability and useful life of existing roads on Indian land; (2) any steps necessary to achieve the goal of addressing the deferred maintenance backlog of existing roads on Indian land; (3) programmatic reforms and performance enhancements necessary to achieve the goal of restructuring and streamlining road maintenance programs on existing or future roads located on Indian land; and (4) <<NOTE: Recommenda- tions.>> recommendations on how to implement efforts to coordinate with States, counties, municipalities, and other units of local government to maintain roads on Indian land. (c) Tribal Consultation and Input.--Before beginning the study under subsection (b), the Secretary shall-- (1) consult with any Indian tribes that have jurisdiction over roads eligible for funding under the road maintenance program of the Bureau of Indian Affairs; and (2) solicit and consider the input, comments, and recommendations of the Indian tribes described in paragraph (1). (d) <<NOTE: Consultation.>> Report.--On completion of the study under subsection (b), the Secretary, in consultation with the Secretary of Transportation, shall submit to the Committees on Indian Affairs and Environment and Public Works of the Senate and the Committees on Natural Resources and Transportation and Infrastructure of the House of Representatives a report on the results and findings of the study. (e) <<NOTE: Consultation.>> Status Report.--Not later than 2 years after the date of enactment of this Act, and not less frequently than every 2 years thereafter, the Secretary, in consultation with the Secretary of Transportation, shall submit to the Committees on Indian Affairs [[Page 135 STAT. 650]] and Environment and Public Works of the Senate and the Committees on Natural Resources and Transportation and Infrastructure of the House of Representatives a report that includes a description of-- (1) the progress made toward addressing the deferred maintenance needs of the roads on Indian land, including a list of projects funded during the fiscal period covered by the report; (2) the outstanding needs of the roads that have been provided funding to address the deferred maintenance needs; (3) the remaining needs of any of the projects referred to in paragraph (1); (4) how the goals described in subsection (b) have been met, including-- (A) <<NOTE: Assessment.>> an identification and assessment of any deficiencies or shortfalls in meeting the goals; and (B) <<NOTE: Plan.>> a plan to address the deficiencies or shortfalls in meeting the goals; and (5) <<NOTE: Recommenda- tions. Determination.>> any other issues or recommendations provided by an Indian tribe under the consultation and input process under subsection (c) that the Secretary determines to be appropriate. SEC. 14007. <<NOTE: Transfer authority. 23 USC 202 note.>> MAINTENANCE OF CERTAIN INDIAN RESERVATION ROADS. The Commissioner of U.S. Customs and Border Protection may transfer funds to the Director of the Bureau of Indian Affairs to maintain, repair, or reconstruct roads under the jurisdiction of the Director, subject to the condition that the Commissioner and the Director shall mutually agree that the primary user of the subject road is U.S. Customs and Border Protection. SEC. 14008. TRIBAL TRANSPORTATION SAFETY NEEDS. (a) <<NOTE: 23 USC 202 note.>> Definitions.--In this section: (1) Alaska native.--The term ``Alaska Native'' has the meaning given the term ``Native'' in section 3 of the Alaska Native Claims Settlement Act (43 U.S.C. 1602). (2) Alaska native village.--The term ``Alaska Native village'' has the meaning given the term ``Native village'' in section 3 of the Alaska Native Claims Settlement Act (43 U.S.C. 1602). (3) Indian tribe.--The term ``Indian tribe'' has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304). (b) Best Practices, Standardized Crash Report Form.-- (1) <<NOTE: Deadline. Consultation.>> In general.--Not later than 1 year after the date of enactment of this Act, the Secretary of Transportation, in consultation with the Secretary, Indian tribes, Alaska Native villages, and State departments of transportation shall develop-- (A) best practices for the compiling, analysis, and sharing of motor vehicle crash data for crashes occurring on Indian reservations and in Alaska Native communities; and (B) a standardized form for use by Indian tribes and Alaska Native communities to carry out those best practices. (2) Purpose.--The purpose of the best practices and standardized form developed under paragraph (1) shall be to improve the quality and quantity of crash data available to [[Page 135 STAT. 651]] and used by the Federal Highway Administration, State departments of transportation, Indian tribes, and Alaska Native villages. (3) Report.--On completion of the development of the best practices and standardized form under paragraph (1), the Secretary of Transportation shall submit to the Committees on Indian Affairs and Environment and Public Works of the Senate and the Committees on Natural Resources and Transportation and Infrastructure of the House of Representatives a report describing the best practices and standardized form. (c) <<NOTE: Requirements.>> Use of IMARS.--The Director of the Bureau of Indian Affairs shall require all law enforcement offices of the Bureau, for the purpose of reporting motor vehicle crash data for crashes occurring on Indian reservations and in Alaska Native communities-- (1) to use the crash report form of the applicable State; and (2) to upload the information on that form to the Incident Management Analysis and Reporting System (IMARS) of the Department of the Interior. (d) Tribal Transportation Program Safety Funding.--Section 202(e)(1) of title 23, United States Code, is amended by striking ``2 percent'' and inserting ``4 percent''. SEC. 14009. OFFICE OF TRIBAL GOVERNMENT AFFAIRS. Section 102 of title 49, United States Code, is amended-- (1) in subsection (e)(1)-- (A) in the matter preceding subparagraph (A), by striking ``6 Assistant'' and inserting ``7 Assistant''; (B) in subparagraph (C), by striking ``and'' after the semicolon; (C) by redesignating subparagraph (D) as subparagraph (E); and (D) by inserting after subparagraph (C) the following: ``(D) an Assistant Secretary for Tribal Government Affairs, who shall be appointed by the President; and''; and (2) in subsection (f), by striking the subsection designation and heading and all that follows through the end of paragraph (1) and inserting the following: ``(f) Office of Tribal Government Affairs.-- ``(1) Establishment.--There is established in the Department an Office of Tribal Government Affairs, under the Assistant Secretary for Tribal Government Affairs-- ``(A) to oversee the tribal self-governance program under section 207 of title 23; ``(B) to plan, coordinate, and implement policies and programs serving Indian Tribes and Tribal organizations; ``(C) to coordinate Tribal transportation programs and activities in all offices and administrations of the Department; and ``(D) to be a participant in any negotiated rulemakings relating to, or having an impact on, projects, programs, or funding associated with the Tribal transportation program under section 202 of title 23.''. [[Page 135 STAT. 652]] DIVISION B-- <<NOTE: Surface Transportation Investment Act of 2021.>> SURFACE TRANSPORTATION INVESTMENT ACT OF 2021 SEC. 20001. <<NOTE: 49 USC 101 note.>> SHORT TITLE. This division may be cited as the ``Surface Transportation Investment Act of 2021''. SEC. 20002. <<NOTE: 49 USC 101 note.>> DEFINITIONS. In this division: (1) Department.--The term ``Department'' means the Department of Transportation. (2) Secretary.--The term ``Secretary'' means the Secretary of Transportation. TITLE I--MULTIMODAL AND FREIGHT TRANSPORTATION Subtitle A--Multimodal Freight Policy SEC. 21101. OFFICE OF MULTIMODAL FREIGHT INFRASTRUCTURE AND POLICY. (a) In General.--Chapter 1 of title 49, United States Code, is amended by adding at the end the following: ``Sec. 118. <<NOTE: 49 USC 118.>> Office of Multimodal Freight Infrastructure and Policy ``(a) Definitions.--In this section: ``(1) Department.--The term `Department' means the Department of Transportation. ``(2) Freight office.--The term `Freight Office' means the Office of Multimodal Freight Infrastructure and Policy established under subsection (b). ``(3) Secretary.--The term `Secretary' means the Secretary of Transportation. ``(b) Establishment.--The Secretary shall establish within the Department an Office of Multimodal Freight Infrastructure and Policy. ``(c) Purposes.--The purposes of the Freight Office shall be-- ``(1) to carry out the national multimodal freight policy described in section 70101; ``(2) to administer and oversee certain multimodal freight grant programs within the Department in accordance with subsection (d); ``(3) to promote and facilitate the sharing of information between the private and public sectors with respect to freight issues; ``(4) to conduct research on improving multimodal freight mobility, and to oversee the freight research activities of the various agencies within the Department; ``(5) to assist cities and States in developing freight mobility and supply chain expertise; ``(6) to liaise and coordinate with other Federal departments and agencies; and [[Page 135 STAT. 653]] ``(7) to carry out other duties, as prescribed by the Secretary. ``(d) Administration of Policies and Programs.--The Freight Office shall-- ``(1) develop and manage-- ``(A) the national freight strategic plan described in section 70102; and ``(B) the National Multimodal Freight Network established under section 70103; ``(2)(A) oversee the development and updating of the State freight plans described in section 70202; and ``(B) provide guidance or best practices relating to the development and updating of State freight plans under that section; ``(3)(A) administer multimodal freight grant programs, including multimodal freight grants established under section 117 of title 23; and ``(B) <<NOTE: Procedures.>> establish procedures for analyzing and evaluating applications for grants under those programs; ``(4) assist States in the establishment of-- ``(A) State freight advisory committees under section 70201; and ``(B) multi-State freight mobility compacts under section 70204; and ``(5) provide to the Bureau of Transportation Statistics input regarding freight data and planning tools. ``(e) Assistant Secretary.-- ``(1) In general.--The Freight Office shall be headed by an Assistant Secretary for Multimodal Freight, who shall-- ``(A) <<NOTE: Appointment. President.>> be appointed by the President, by and with the advice and consent of the Senate; and ``(B) have professional standing and demonstrated knowledge in the field of freight transportation. ``(2) Duties.--The Assistant Secretary shall-- ``(A) report to the Under Secretary of Transportation for Policy; ``(B) be responsible for the management and oversight of the activities, decisions, operations, and personnel of the Freight Office; ``(C) work with the modal administrations of the Department to encourage multimodal collaboration; and ``(D) carry out such additional duties as the Secretary may prescribe. ``(f) <<NOTE: Determinations.>> Consolidation and Elimination of Duplicative Offices.-- ``(1) Consolidation of offices and office functions.--The Secretary may consolidate into the Freight Office any office or office function within the Department that the Secretary determines has duties, responsibilities, resources, or expertise that support the purposes of the Freight Office. ``(2) Elimination of offices.--The Secretary may eliminate any office within the Department if the Secretary determines that-- ``(A) the purposes of the office are duplicative of the purposes of the Freight Office; [[Page 135 STAT. 654]] ``(B) the office or the functions of the office have been substantially consolidated with the Freight Office pursuant to paragraph (1); ``(C) the elimination of the office will not adversely affect the requirements of the Secretary under any Federal law; and ``(D) the elimination of the office will improve the efficiency and effectiveness of the programs and functions conducted by the office. ``(g) Staffing and Budgetary Resources.-- ``(1) In general.--The Secretary shall ensure that the Freight Office is adequately staffed and funded. ``(2) Staffing.-- ``(A) <<NOTE: Determination.>> Transfer of positions to freight office.--Subject to subparagraph (B), the Secretary may transfer to the Freight Office any position within any other office of the Department if the Secretary determines that the position is necessary to carry out the purposes of the Freight Office. ``(B) <<NOTE: Coordination.>> Requirement.--If the Secretary transfers a position to the Freight Office pursuant to subparagraph (A), the Secretary, in coordination with the appropriate modal administration of the Department, shall ensure that the transfer of the position does not adversely affect the requirements of the modal administration under any Federal law. ``(3) Budgetary resources.-- ``(A) Transfer of funds from consolidated or eliminated offices.-- ``(i) In general.--To carry out the purposes of the Freight Office, the Secretary may transfer to the Freight Office from any office or office function that is consolidated or eliminated under subsection (f) any funds allocated for the consolidated or eliminated office or office function. ``(ii) Retransfer.--Any portion of any funds or limitations of obligations transferred to the Freight Office pursuant to clause (i) may be transferred back to, and merged with, the original account. ``(B) Transfer of funds allocated for administrative costs.-- ``(i) In general.--The Secretary may transfer to the Freight Office any funds allocated for the administrative costs of the programs referred to in subsection (d)(3). ``(ii) Retransfer.--Any portion of any funds or limitations of obligations transferred to the Freight Office pursuant to clause (i) may be transferred back to, and merged with, the original account. ``(h) Website.-- ``(1) <<NOTE: Public information.>> Description of freight office.--The Secretary shall make publicly available on the website of the Department a description of the Freight Office, including a description of-- ``(A) the programs managed or made available by the Freight Office; and ``(B) <<NOTE: Requirements.>> the eligibility requirements for those programs. [[Page 135 STAT. 655]] ``(2) Clearinghouse.--The Secretary may establish a clearinghouse for tools, templates, guidance, and best practices on a page of the website of the Department that supports the purposes of this section. ``(i) <<NOTE: Deadline. Time period. Determination.>> Notification to Congress.--Not later than 1 year after the date of enactment of this section, and not less frequently than once every 180 days thereafter until the date on which the Secretary determines that the requirements of this section have been met, the Secretary shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a notification that-- ``(1) describes-- ``(A) the programs and activities administered or overseen by the Freight Office; and ``(B) the status of those programs and activities; ``(2) identifies-- ``(A) the number of employees working in the Freight Office as of the date of the notification; ``(B) the total number of employees expected to join the Freight Office to support the programs and activities described in paragraph (1); and ``(C) the total number of positions that, as a result of the consolidation of offices under this section, were-- ``(i) eliminated; or ``(ii) transferred, assigned, or joined to the Freight Office; ``(3)(A) indicates whether the Secretary has consolidated into the Freight Office any office or office function pursuant to subsection (f)(1); and ``(B) if the Secretary has consolidated such an office or function, describes the rationale for the consolidation; ``(4)(A) indicates whether the Secretary has eliminated any office pursuant to subsection (f)(2); and ``(B) if the Secretary has eliminated such an office, describes the rationale for the elimination; ``(5) describes any other actions carried out by the Secretary to implement this section; and ``(6) <<NOTE: Recommenda- tions.>> describes any recommendations of the Secretary for legislation that may be needed to further implement this section. ``(j) Savings Provisions.-- ``(1) Effect on other law.--Except as otherwise provided in this section, nothing in this section alters or affects any law (including regulations) with respect to a program referred to in subsection (d). ``(2) Effect on responsibilities of other agencies.--Except as otherwise provided in this section, nothing in this section abrogates the responsibilities of any agency, operating administration, or office within the Department that is otherwise charged by law (including regulations) with any aspect of program administration, oversight, or project approval or implementation with respect to a program or project subject to the responsibilities of the Freight Office under this section. ``(3) Effect on pending applications.--Nothing in this section affects any pending application under a program referred to in subsection (d) that was received by the Secretary [[Page 135 STAT. 656]] on or before the date of enactment of the Surface Transportation Investment Act of 2021. ``(k) Authorization of Appropriations.-- ``(1) In general.--There are authorized to be appropriated to the Secretary such sums as are necessary to carry out this section. ``(2) Certain activities.--Authorizations under subsections (f) and (g) are subject to appropriations.''. (b) GAO Review.--The Comptroller General of the United States shall-- (1) conduct a review of the activities carried out by the Secretary pursuant to section 118 of title 49, United States Code; and (2) <<NOTE: Recommenda- tions.>> develop recommendations regarding additional activities-- (A) to improve the consolidation of duplicative functions within the Department; and (B) to promote increased staff efficiency for program management within the Department. (c) Clerical Amendment.--The analysis for chapter 1 of title 49, United States Code, <<NOTE: 49 USC 101 prec.>> is amended by inserting after the item relating to section 117 the following: ``118. Office of Multimodal Freight Infrastructure and Policy.''. (d) Conforming Amendments.-- (1) Section 70101(c) of title 49, United States Code, is amended, in the matter preceding paragraph (1), by striking ``Under Secretary of Transportation for Policy'' and inserting ``Assistant Secretary for Multimodal Freight''. (2) Section 70102 of title 49, United States Code, is amended-- (A) in subsection (a), in the matter preceding paragraph (1), by striking ``Not later'' and all that follows through ``the Under Secretary of Transportation for Policy'' and inserting ``The Assistant Secretary for Multimodal Freight (referred to in this section as the `Assistant Secretary')''; (B) in subsection (b)(4), in the matter preceding subparagraph (A), by striking ``Under Secretary'' and inserting ``Assistant Secretary''; (C) in subsection (c), by striking ``Under Secretary'' and inserting ``Assistant Secretary''; and (D) in subsection (d), in the matter preceding paragraph (1), by striking ``Under Secretary'' and inserting ``Assistant Secretary''. (3) Section 70103 of title 49, United States Code, is amended-- (A) in subsection (a), in the matter preceding paragraph (1), by striking ``Under Secretary of Transportation for Policy'' and inserting ``Assistant Secretary for Multimodal Freight (referred to in this section as the `Assistant Secretary')''; (B) by striking subsection (b); (C) by redesignating subsections (c) and (d) as subsections (b) and (c), respectively; (D) in subsection (b) (as so redesignated)-- (i) in the subsection heading, by striking ``Final Network'' and inserting ``Designation of National Multimodal Freight Network''; [[Page 135 STAT. 657]] (ii) in paragraph (1), in the matter preceding subparagraph (A), by striking ``Not later'' and all that follows through ``Under Secretary'' and inserting ``The Assistant Secretary''; (iii) in paragraph (2), in the matter preceding subparagraph (A), by striking ``Under Secretary'' and inserting ``Assistant Secretary''; and (iv) in paragraph (3), in the matter preceding subparagraph (A), by striking ``Under Secretary'' and inserting ``Assistant Secretary''; and (E) in subsection (c) (as so redesignated)-- (i) by striking ``subsection (c)'' each place it appears and inserting ``subsection (b)''; and (ii) by striking ``Under Secretary'' and inserting ``Assistant Secretary''. (4) Section 116(d)(1) of title 49, United States Code, is amended by striking subparagraph (D). SEC. 21102. UPDATES TO NATIONAL FREIGHT PLAN. Section 70102(b) of title 49, United States Code, is amended-- (1) in paragraph (10), by striking ``and'' at the end; (2) in paragraph (11), by striking the period at the end and inserting a semicolon; and (3) <<NOTE: Strategies.>> by adding at the end the following: ``(12) best practices for reducing environmental impacts of freight movement (including reducing local air pollution from freight movement, stormwater runoff, and wildlife habitat loss resulting from freight facilities, freight vehicles, or freight activity); ``(13) possible strategies to increase the resilience of the freight system, including the ability to anticipate, prepare for, or adapt to conditions, or withstand, respond to, or recover rapidly from disruptions, including extreme weather and natural disasters; ``(14) strategies to promote United States economic growth and international competitiveness; ``(15) consideration of any potential unique impacts of the national freight system on rural and other underserved and historically disadvantaged communities; ``(16) strategies for decarbonizing freight movement, as appropriate; and ``(17) consideration of the impacts of e-commerce on the national multimodal freight system.''. SEC. 21103. STATE COLLABORATION WITH NATIONAL MULTIMODAL FREIGHT NETWORK. Subsection (b) of section 70103 of title 49, United States Code (as redesignated by section 21101(d)(3)(C)), is amended-- (1) in paragraph (3), by striking subparagraph (C) and inserting the following: ``(C) provide to the States an opportunity to submit proposed designations from the States in accordance with paragraph (4).''; and (2) in paragraph (4)-- (A) in subparagraph (C)(i), by striking ``20 percent'' and inserting ``30 percent''; and (B) by adding at the end the following: [[Page 135 STAT. 658]] ``(E) <<NOTE: Determination.>> Condition for acceptance.--The Secretary shall accept from a State a designation under subparagraph (D) only if the Secretary determines that the designation meets the applicable requirements of subparagraph (A).''. SEC. 21104. IMPROVING STATE FREIGHT PLANS. (a) In General.--Section 70202 of title 49, United States Code, is amended-- (1) in subsection (b)-- (A) in paragraph (9), by striking ``and'' at the end; (B) by redesignating paragraph (10) as paragraph (17); and (C) by inserting after paragraph (9) the following: ``(10) <<NOTE: Assessment.>> the most recent commercial motor vehicle parking facilities assessment conducted by the State under subsection (f); ``(11) the most recent supply chain cargo flows in the State, expressed by mode of transportation; ``(12) <<NOTE: Inventory.>> an inventory of commercial ports in the State; ``(13) <<NOTE: Recommenda- tions.>> if applicable, consideration of the findings or recommendations made by any multi-State freight compact to which the State is a party under section 70204; ``(14) the impacts of e-commerce on freight infrastructure in the State; ``(15) considerations of military freight; ``(16) <<NOTE: Strategies.>> strategies and goals to decrease-- ``(A) the severity of impacts of extreme weather and natural disasters on freight mobility; ``(B) the impacts of freight movement on local air pollution; ``(C) the impacts of freight movement on flooding and stormwater runoff; and ``(D) the impacts of freight movement on wildlife habitat loss; and''; and (2) by adding at the end the following: ``(f) <<NOTE: Consultation.>> Commercial Motor Vehicle Parking Facilities Assessments.--As part of the development or updating, as applicable, of a State freight plan under this section, each State that receives funding under section 167 of title 23, in consultation with relevant State motor carrier safety personnel, shall conduct an assessment of-- ``(1) the capability of the State, together with the private sector in the State, to provide adequate parking facilities and rest facilities for commercial motor vehicles engaged in interstate transportation; ``(2) the volume of commercial motor vehicle traffic in the State; and ``(3) whether there exist any areas within the State with a shortage of adequate commercial motor vehicle parking facilities, including an analysis (economic or otherwise, as the State determines to be appropriate) of the underlying causes of such a shortage. ``(g) <<NOTE: Requirement.>> Priority.--Each State freight plan under this section shall include a requirement that the State, in carrying out activities under the State freight plan-- ``(1) enhance reliability or redundancy of freight transportation; or [[Page 135 STAT. 659]] ``(2) incorporate the ability to rapidly restore access and reliability with respect to freight transportation. ``(h) Approval.-- ``(1) <<NOTE: Compliance.>> In general.--The Secretary of Transportation shall approve a State freight plan described in subsection (a) if the plan achieves compliance with the requirements of this section. ``(2) Savings provision.--Nothing in this subsection establishes new procedural requirements for the approval of a State freight plan described in subsection (a).''. (b) Studies.--For the purpose of facilitating the integration of intelligent transportation systems into the freight transportation network powered by electricity, the Secretary, acting through the Assistant Secretary for Multimodal Freight, shall conduct a study relating to-- (1) preparing to supply power to applicable electrical freight infrastructure; and (2) safely integrating freight into intelligent transportation systems. (c) Alignment of Transportation Planning.--Section 70202 of title 49, United States Code, is amended-- (1) in subsection (d), by striking ``5-year'' and inserting ``8-year''; and (2) in subsection (e)(1), by striking ``5 years'' and inserting ``4 years''. SEC. 21105. IMPLEMENTATION OF NATIONAL MULTIMODAL FREIGHT NETWORK. <<NOTE: Reports.>> Not later than 30 days after the date of enactment of this Act, the Secretary shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report that-- (1) describes the status of the designation of the final National Multimodal Freight Network required under section 70103 of title 49, United States Code; (2) explains the reasons why the designation of the network referred to in paragraph (1) has not been finalized, if applicable; and (3) <<NOTE: Estimate.>> estimates the date by which that network will be designated. SEC. 21106. MULTI-STATE FREIGHT CORRIDOR PLANNING. (a) In General.--Chapter 702 of title 49, United States Code, is amended-- (1) by redesignating section 70204 as section 70206; and (2) by inserting after section 70203 the following: ``Sec. 70204. <<NOTE: 49 USC 70204.>> Multi-State freight corridor planning ``(a) Consent to Multi-State Freight Mobility Compacts.--Congress recognizes the right of States, cities, regional planning organizations, federally recognized Indian Tribes, and local public authorities (including public port authorities) that are regionally linked with an interest in a specific nationally or regionally significant multi-State freight corridor to enter into multi-State compacts to promote the improved mobility of goods, including-- ``(1) identifying projects along the corridor that benefit multiple States; [[Page 135 STAT. 660]] ``(2) assembling rights-of-way; and ``(3) performing capital improvements. ``(b) Financing.--A multi-State freight compact established by entities under subsection (a) may provide that, in order to carry out the compact, the relevant States or other entities may-- ``(1) accept contributions from a unit of State or local government; ``(2) use any Federal or State funds made available for freight mobility infrastructure planning or construction, including applying for grants; ``(3) subject to such terms and conditions as the States consider to be advisable-- ``(A) borrow money on a short-term basis; and ``(B) issue-- ``(i) notes for borrowing under subparagraph (A); and ``(ii) bonds; and ``(4) obtain financing by other means permitted under applicable Federal or State law. ``(c) Advisory Committees.-- ``(1) In general.--A multi-State freight compact under this section may establish a multi-State freight corridor advisory committee, which shall include representatives of State departments of transportation and other public and private sector entities with an interest in freight mobility, such as-- ``(A) ports; ``(B) freight railroads; ``(C) shippers; ``(D) carriers; ``(E) freight-related associations; ``(F) third-party logistics providers; ``(G) the freight industry workforce; ``(H) environmental organizations; ``(I) community organizations; and ``(J) units of local government. ``(2) Activities.--An advisory committee established under paragraph (1) may-- ``(A) advise the parties to the applicable multi- State freight compact with respect to freight-related priorities, issues, projects, and funding needs that impact multi-State-- ``(i) freight mobility; and ``(ii) supply chains; ``(B) serve as a forum for States, Indian Tribes, and other public entities to discuss decisions affecting freight mobility; ``(C) communicate and coordinate multi-State freight priorities with other organizations; ``(D) promote the sharing of information between the private and public sectors with respect to freight issues; and ``(E) provide information for consideration in the development of State freight plans under section 70202. ``(d) Grants.-- ``(1) Establishment.--The Secretary of Transportation (referred to in this section as the `Secretary') shall establish a program under which the Secretary shall provide grants [[Page 135 STAT. 661]] to multi-State freight compacts, or States seeking to form a multi-State freight compact, that seek to improve a route or corridor that is a part of the National Multimodal Freight Network established under section 70103. ``(2) <<NOTE: Time periods.>> New compacts.-- ``(A) In general.--To incentivize the establishment of multi-State freight compacts, the Secretary may award a grant for operations costs in an amount of not more than $2,000,000 to-- ``(i) a multi-State freight compact established under subsection (a) during the 2-year period beginning on the date of establishment of the multi-State freight compact; or ``(ii) States seeking to form a multi-State freight compact described in that subsection. ``(B) Eligibility.-- ``(i) New multi-state freight compacts.--A multi-State freight compact shall be eligible for a grant under this paragraph only during the initial 2 years of operation of the compact. ``(ii) States seeking to form a compact.-- States seeking to form a multi-State freight compact shall be eligible for a grant under this paragraph during-- ``(I) the 2-year period beginning on the date on which an application for a grant under this paragraph with respect to the proposed compact is submitted to the Secretary; or ``(II) if the compact is formed before the date on which a grant under this paragraph is awarded in accordance with subclause (I), the initial 2 years of operation of the compact. ``(C) Requirements.--To be eligible to receive a grant under this paragraph, a multi-State freight compact or the applicable States seeking to form a multi-State freight compact shall-- ``(i) submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require; ``(ii) provide a non-Federal match equal to not less than 25 percent of the operating costs of the multi-State freight compact; and ``(iii) commit to establishing a multi-State freight corridor advisory committee under subsection (c)(1) during the initial 2-year period of operation of the compact. ``(3) Existing compacts.-- ``(A) In general.--The Secretary may award a grant to multi-State freight compacts that are not eligible to receive a grant under paragraph (2) for operations costs in an amount of not more than $1,000,000. ``(B) Requirements.--To be eligible to receive a grant under this paragraph, a multi-State freight compact shall-- ``(i) submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require; ``(ii) provide a non-Federal match of not less than 50 percent of the operating costs of the compact; and [[Page 135 STAT. 662]] ``(iii) demonstrate that the compact has established a multi-State freight corridor advisory committee under subsection (c)(1). ``(4) Authorization of appropriations.--There is authorized to be appropriated to the Secretary $5,000,000 for each fiscal year to carry out this subsection.''. (b) Clerical Amendment.--The analysis for chapter 702 of title 49, United States Code, <<NOTE: 49 USC 70201 prec.>> is amended by striking the item relating to section 70204 and inserting the following: ``70204. Multi-State freight corridor planning. ``70206. Savings provision.''. SEC. 21107. STATE FREIGHT ADVISORY COMMITTEES. Section 70201 of title 49, United States Code, is amended-- (1) in subsection (a), by striking ``representatives of ports, freight railroads,'' and all that follows through the period at the end and inserting the following: ``representatives of-- ``(1) ports, if applicable; ``(2) freight railroads, if applicable; ``(3) shippers; ``(4) carriers; ``(5) freight-related associations; ``(6) third-party logistics providers; ``(7) the freight industry workforce; ``(8) the transportation department of the State; ``(9) metropolitan planning organizations; ``(10) local governments; ``(11) the environmental protection department of the State, if applicable; ``(12) the air resources board of the State, if applicable; ``(13) economic development agencies of the State; and ``(14) not-for-profit organizations or community organizations.''; (2) in subsection (b)(5), by striking ``70202.'' and inserting ``70202, including by providing advice regarding the development of the freight investment plan.''; (3) by redesignating subsection (b) as subsection (c); and (4) by inserting after subsection (a) the following: ``(b) Qualifications.--Each member of a freight advisory committee established under subsection (a) shall have qualifications sufficient to serve on a freight advisory committee, including, as applicable-- ``(1) general business and financial experience; ``(2) experience or qualifications in the areas of freight transportation and logistics; ``(3) experience in transportation planning; ``(4) experience representing employees of the freight industry; ``(5) experience representing a State, local government, or metropolitan planning organization; or ``(6) experience representing the views of a community group or not-for-profit organization.''. [[Page 135 STAT. 663]] Subtitle B--Multimodal Investment SEC. 21201. NATIONAL INFRASTRUCTURE PROJECT ASSISTANCE. Subtitle III of title 49, United States Code, <<NOTE: 49 USC 6701 prec.>> is amended by adding at the end the following: ``CHAPTER 67--MULTIMODAL INFRASTRUCTURE INVESTMENTS ``6701. National infrastructure project assistance. ``6702. Local and regional project assistance. ``Sec. 6701. <<NOTE: Grants. 49 USC 6701.>> National infrastructure project assistance ``(a) Definitions.--In this section: ``(1) Department.--The term `Department' means the Department of Transportation. ``(2) Eligible entity.--The term `eligible entity' means-- ``(A) a State or a group of States; ``(B) a metropolitan planning organization; ``(C) a unit of local government; ``(D) a political subdivision of a State; ``(E) a special purpose district or public authority with a transportation function, including a port authority; ``(F) a Tribal government or a consortium of Tribal governments; ``(G) a partnership between Amtrak and 1 or more entities described in subparagraphs (A) through (F); and ``(H) a group of entities described in any of subparagraphs (A) through (G). ``(3) Program.--The term `program' means the program established by subsection (b). ``(4) Secretary.--The term `Secretary' means the Secretary of Transportation. ``(5) State.--The term `State' means-- ``(A) any of the several States; ``(B) the District of Columbia; ``(C) the Commonwealth of Puerto Rico; ``(D) the Commonwealth of the Northern Mariana Islands; ``(E) the United States Virgin Islands; ``(F) Guam; ``(G) American Samoa; and ``(H) any other territory or possession of the United States. ``(b) Establishment.--There is established a program under which the Secretary shall provide to eligible entities grants, on a competitive basis pursuant to single-year or multiyear grant agreements, for projects described in subsection (d). ``(c) Applications.-- ``(1) <<NOTE: Determination.>> In general.--To be eligible for a grant under the program, an eligible entity shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary determines to be appropriate. ``(2) Plan for data collection.--An application under paragraph (1) shall include a plan for data collection and analysis described in subsection (g). [[Page 135 STAT. 664]] ``(d) Eligible Projects.--The Secretary may provide a grant under the program only for a project-- ``(1) that is-- ``(A) a highway or bridge project carried out on-- ``(i) the National Multimodal Freight Network established under section 70103; ``(ii) the National Highway Freight Network established under section 167 of title 23; or ``(iii) the National Highway System (as defined in section 101(a) of title 23); ``(B) a freight intermodal (including public ports) or freight rail project that provides a public benefit; ``(C) a railway-highway grade separation or elimination project; ``(D) an intercity passenger rail project; ``(E) a public transportation project that is-- ``(i) eligible for assistance under chapter 53; and ``(ii) part of a project described in any of subparagraphs (A) through (D); or ``(F) a grouping, combination, or program of interrelated, connected, or dependent projects of any of the projects described in subparagraphs (A) through (E); and ``(2) the eligible project costs of which are-- ``(A) reasonably anticipated to equal or exceed $500,000,000; or ``(B) for any project funded by the set-aside under subsection (m)(2)-- ``(i) more than $100,000,000; but ``(ii) less than $500,000,000. ``(e) Geographical Distribution.--In providing grants under this section, the Secretary shall ensure among grant recipients-- ``(1) geographical diversity; and ``(2) a balance between rural and urban communities. ``(f) Project Evaluation and Selection.-- ``(1) <<NOTE: Determination.>> Requirements.--The Secretary may select a project described in subsection (d) to receive a grant under the program only if the Secretary determines that-- ``(A) the project is likely to generate national or regional economic, mobility, or safety benefits; ``(B) the project is in need of significant Federal funding; ``(C) the project will be cost-effective; ``(D) with respect to related non-Federal financial commitments, 1 or more stable and dependable sources of funding and financing are available-- ``(i) to construct, operate, and maintain the project; and ``(ii) to cover cost increases; and ``(E) the applicant has, or will have, sufficient legal, financial, and technical capacity to carry out the project. ``(2) Evaluation criteria.--In awarding a grant under the program, the Secretary shall evaluate-- ``(A) the extent to which a project supports achieving a state of good repair for each existing asset to be improved by the project; ``(B) the level of benefits a project is expected to generate, including-- [[Page 135 STAT. 665]] ``(i) the costs avoided by the prevention of closure or reduced use of the asset to be improved by the project; ``(ii) reductions in maintenance costs over the life of the applicable asset; ``(iii) safety benefits, including the reduction of serious injuries and fatalities and related costs; ``(iv) improved person or freight throughput, including improved mobility and reliability; and ``(v) environmental benefits and health impacts, such as-- ``(I) reductions in greenhouse gas emissions; ``(II) air quality benefits; ``(III) preventing stormwater runoff that would be a detriment to aquatic species; and ``(IV) improved infrastructure resilience; ``(C) the benefits of the project, as compared to the costs of the project; ``(D) the number of persons or volume of freight, as applicable, supported by the project; and ``(E) national and regional economic benefits of the project, including with respect to short- and long-term job access, growth, or creation. ``(3) Additional considerations.--In selecting projects to receive grants under the program, the Secretary shall take into consideration-- ``(A) contributions to geographical diversity among grant recipients, including a balance between the needs of rural and urban communities; ``(B) whether multiple States would benefit from a project; ``(C) whether, and the degree to which, a project uses-- ``(i) construction materials or approaches that have-- ``(I) demonstrated reductions in greenhouse gas emissions; or ``(II) reduced the need for maintenance of other projects; or ``(ii) technologies that will allow for future connectivity and automation; ``(D) whether a project would benefit-- ``(i) a historically disadvantaged community or population; or ``(ii) an area of persistent poverty; ``(E) whether a project benefits users of multiple modes of transportation, including-- ``(i) pedestrians; ``(ii) bicyclists; and ``(iii) users of nonvehicular rail and public transportation, including intercity and commuter rail; and ``(F) whether a project improves connectivity between modes of transportation moving persons or goods nationally or regionally. ``(4) Ratings.-- ``(A) <<NOTE: Evaluation.>> In general.--In evaluating applications for a grant under the program, the Secretary shall assign the project proposed in the application a rating described in [[Page 135 STAT. 666]] subparagraph (B), based on the information contained in the applicable notice published under paragraph (5). ``(B) <<NOTE: Determinations.>> Ratings.-- ``(i) Highly recommended.--The Secretary shall assign a rating of `highly recommended' to projects that, in the determination of the Secretary-- ``(I) are exemplary projects of national or regional significance; and ``(II) would provide significant public benefit, as determined based on the applicable criteria described in this subsection, if funded under the program. ``(ii) Recommended.--The Secretary shall assign a rating of `recommended' to projects that, in the determination of the Secretary-- ``(I) are of national or regional significance; and ``(II) would provide public benefit, as determined based on the applicable criteria described in this subsection, if funded under the program. ``(iii) Not recommended.--The Secretary shall assign a rating of `not recommended' to projects that, in the determination of the Secretary, should not receive a grant under the program, based on the applicable criteria described in this subsection. ``(C) Technical assistance.-- ``(i) In general.--On request of an eligible entity that submitted an application under subsection (c) for a project that is not selected to receive a grant under the program, the Secretary shall provide to the eligible entity technical assistance and briefings relating to the project. ``(ii) Treatment.--Technical assistance provided under this subparagraph shall not be considered a guarantee of future selection of the applicable project under the program. ``(5) <<NOTE: Deadline. Public information. Web posting. Notice.>> Publication of project evaluation and selection criteria.--Not later than 90 days after the date of enactment of this chapter, the Secretary shall publish and make publicly available on the website of the Department a notice that contains a detailed explanation of-- ``(A) the method by which the Secretary will determine whether a project satisfies the applicable requirements described in paragraph (1); ``(B) any additional ratings the Secretary may assign to determine the means by which a project addresses the selection criteria and additional considerations described in paragraphs (2) and (3); and ``(C) the means by which the project requirements and ratings referred to in subparagraphs (A) and (B) will be used to assign an overall rating for the project under paragraph (4). ``(6) Project selection priority.--In awarding grants under the program, the Secretary shall give priority to projects to which the Secretary has assigned a rating of `highly recommended' under paragraph (4)(B)(i). ``(g) Data Collection and Analysis.-- [[Page 135 STAT. 667]] ``(1) Plan.-- ``(A) In general.--An eligible entity seeking a grant under the program shall submit to the Secretary, together with the grant application, a plan for the collection and analysis of data to identify in accordance with the framework established under paragraph (2)-- ``(i) the impacts of the project; and ``(ii) the accuracy of any forecast prepared during the development phase of the project and included in the grant application. ``(B) Contents.--A plan under subparagraph (A) shall include-- ``(i) an approach to measuring-- ``(I) the criteria described in subsection (f)(2); and ``(II) if applicable, the additional requirements described in subsection (f)(3); ``(ii) an approach for analyzing the consistency of predicted project characteristics with actual outcomes; and ``(iii) <<NOTE: Determination.>> any other elements that the Secretary determines to be necessary. ``(2) <<NOTE: Publication.>> Framework.--The Secretary may publish a standardized framework for the contents of the plans under paragraph (1), which may include, as appropriate-- ``(A) standardized forecasting and measurement approaches; ``(B) <<NOTE: Data. Requirements.>> data storage system requirements; and ``(C) <<NOTE: Determination.>> any other requirements the Secretary determines to be necessary to carry out this section. ``(3) Multiyear grant agreements.--The Secretary shall require an eligible entity, as a condition of receiving funding pursuant to a multiyear grant agreement under the program, to collect additional data to measure the impacts of the project and to accurately track improvements made by the project, in accordance with a plan described in paragraph (1). ``(4) Reports.-- ``(A) Project baseline.--Before the date of completion of a project for which a grant is provided under the program, the eligible entity carrying out the project shall submit to the Secretary a report providing baseline data for the purpose of analyzing the long-term impact of the project in accordance with the framework established under paragraph (2). ``(B) <<NOTE: Time period.>> Updated report.--Not later than 6 years after the date of completion of a project for which a grant is provided under the program, the eligible entity carrying out the project shall submit to the Secretary a report that compares the baseline data included in the report under subparagraph (A) to project data collected during the period-- ``(i) beginning on the date that is 5 years after the date of completion of the project; and ``(ii) ending on the date on which the updated report is submitted. ``(h) Eligible Project Costs.-- [[Page 135 STAT. 668]] ``(1) In general.--An eligible entity may use a grant provided under the program for-- ``(A) development-phase activities and costs, including planning, feasibility analysis, revenue forecasting, alternatives analysis, data collection and analysis, environmental review and activities to support environmental review, preliminary engineering and design work, and other preconstruction activities, including the preparation of a data collection and post- construction analysis plan under subsection (g); and ``(B) construction, reconstruction, rehabilitation, acquisition of real property (including land relating to the project and improvements to that land), environmental mitigation (including projects to replace or rehabilitate culverts or reduce stormwater runoff for the purpose of improving habitat for aquatic species), construction contingencies, acquisition of equipment, protection, and operational improvements directly relating to the project. ``(2) <<NOTE: Certification.>> Interest and other financing costs.--The interest and other financing costs of carrying out any part of a project under a multiyear grant agreement within a reasonable period of time shall be considered to be an eligible project cost only if the applicable eligible entity certifies to the Secretary that the eligible entity has demonstrated reasonable diligence in seeking the most favorable financing terms. ``(i) Cost Sharing.-- ``(1) In general.--The total amount awarded for a project under the program may not exceed 60 percent of the total eligible project costs described in subsection (h). ``(2) Maximum federal involvement.-- ``(A) In general.--Subject to subparagraph (B), Federal assistance other than a grant awarded under the program may be provided for a project for which a grant is awarded under the program. ``(B) Limitation.--The total amount of Federal assistance provided for a project for which a grant is awarded under the program shall not exceed 80 percent of the total cost of the project. ``(C) Non-federal share.--Secured loans or financing provided under section 603 of title 23 or section 22402 of this title and repaid with local funds or revenues shall be considered to be part of the local share of the cost of a project. ``(3) Application to multiyear agreements.--Notwithstanding any other provision of this title, in any case in which amounts are provided under the program pursuant to a multiyear agreement, the disbursed Federal share of the cost of the project may exceed the limitations described in paragraphs (1) and (2)(B) for 1 or more years if the total amount of the Federal share of the cost of the project, once completed, does not exceed those limitations. ``(j) Grant Agreements.-- ``(1) In general.--A project for which an eligible entity receives a multiyear grant under the program shall be carried out in accordance with this subsection. ``(2) Terms.--A multiyear grant agreement under this subsection shall-- [[Page 135 STAT. 669]] ``(A) establish the terms of Federal participation in the applicable project; ``(B) establish the maximum amount of Federal financial assistance for the project; ``(C) establish a schedule of anticipated Federal obligations for the project that provides for obligation of the full grant amount; ``(D) describe the period of time for completing the project, regardless of whether that period extends beyond the period of an authorization; and ``(E) facilitate timely and efficient management of the applicable project by the eligible entity carrying out the project, in accordance with applicable law. ``(3) Special rules.-- ``(A) In general.--A multiyear grant agreement under this subsection-- ``(i) shall provide for the obligation of an amount of available budget authority specified in law; ``(ii) may include a commitment, contingent on amounts to be specified in law in advance for commitments under this paragraph, to obligate an additional amount from future available budget authority specified in law; and ``(iii) shall provide that any funds disbursed under the program for the project before the completion of any review required under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) may only cover costs associated with development-phase activities described in subsection (h)(1)(A). ``(B) Contingent commitment.--A contingent commitment under this paragraph is not an obligation of the Federal Government, including for purposes of section 1501 of title 31. ``(4) Single-year grants.--The Secretary may only provide to an eligible entity a full grant under the program in a single year if all reviews required under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) with respect to the applicable project have been completed before the receipt of any program funds. ``(k) Congressional Notification.-- ``(1) <<NOTE: Deadline.>> In general.--Not later than 30 days before the date on which the Secretary publishes the selection of projects to receive grants under the program, the Secretary shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a written notice that includes-- ``(A) <<NOTE: List.>> a list of all project applications reviewed by the Secretary as part of the selection process; ``(B) the rating assigned to each project under subsection (f)(4); ``(C) <<NOTE: Evaluation.>> an evaluation and justification with respect to each project for which the Secretary will-- ``(i) provide a grant under the program; and ``(ii) enter into a multiyear grant agreement under the program; [[Page 135 STAT. 670]] ``(D) a description of the means by which the Secretary anticipates allocating among selected projects the amounts made available to the Secretary to carry out the program; and ``(E) <<NOTE: Time period.>> anticipated funding levels required for the 3 fiscal years beginning after the date of submission of the notice for projects selected for grants under the program, based on information available to the Secretary as of that date. ``(2) Congressional disapproval.--The Secretary may not provide a grant or any other obligation or commitment to fund a project under the program if a joint resolution is enacted disapproving funding for the project before the last day of the 30-day period described in paragraph (1). ``(l) Reports.-- ``(1) <<NOTE: Web posting.>> Transparency.--Not later than 60 days after the date on which the grants are announced under the program, the Secretary shall publish on the website of the Department a report that includes-- ``(A) <<NOTE: List.>> a list of all project applications reviewed by the Secretary as part of the selection process under the program; ``(B) the rating assigned to each project under subsection (f)(4); and ``(C) a description of each project for which a grant has been provided under the program. ``(2) Comptroller general.-- ``(A) Assessment.--The Comptroller General of the United States shall conduct an assessment of the administrative establishment, solicitation, selection, and justification process with respect to the funding of grants under the program. ``(B) Report.--Not later than 18 months after the date on which the initial grants are awarded for projects under the program, the Comptroller General shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report that describes, as applicable-- ``(i) the adequacy and fairness of the process by which the projects were selected; and ``(ii) the justification and criteria used for the selection of the projects. ``(m) <<NOTE: Time period.>> Authorization of Appropriations.-- ``(1) In general.--There is authorized to be appropriated to the Secretary to carry out the program $2,000,000,000 for each of fiscal years 2022 through 2026. ``(2) Other projects.--Of the amounts made available under paragraph (1), 50 percent shall be set aside for projects that have a project cost of-- ``(A) more than $100,000,000; but ``(B) less than $500,000,000. ``(3) Administrative expenses.--Of the amounts made available to carry out the program for each fiscal year, the Secretary may reserve not more than 2 percent for the costs of-- ``(A) administering and overseeing the program; and [[Page 135 STAT. 671]] ``(B) hiring personnel for the program, including personnel dedicated to processing permitting and environmental review issues. ``(4) Transfer of authority.--The Secretary may transfer any portion of the amounts reserved under paragraph (3) for a fiscal year to the Administrator of any of the Federal Highway Administration, the Federal Transit Administration, the Federal Railroad Administration, or the Maritime Administration to award and oversee grants in accordance with this section. ``(n) Additional Requirements.-- ``(1) <<NOTE: Compliance.>> In general.--Each project that receives a grant under this chapter shall achieve compliance with the applicable requirements of-- ``(A) subchapter IV of chapter 31 of title 40; ``(B) title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.); and ``(C) the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). ``(2) <<NOTE: Applicability.>> Modal requirements.--The Secretary shall, with respect to a project funded by a grant under this section, apply-- ``(A) the requirements of title 23 to a highway, road, or bridge project; ``(B) the requirements of chapter 53 to a transit project; and ``(C) the requirements of section 22905 to a rail project. ``(3) Multimodal projects.-- ``(A) In general.--Except as otherwise provided in this paragraph, if an eligible project is a multimodal project, the Secretary shall-- ``(i) <<NOTE: Determination.>> determine the predominant modal component of the project; and ``(ii) <<NOTE: Applicability.>> apply the applicable requirements described in paragraph (2) of the predominant modal component to the project. ``(B) <<NOTE: Applicability.>> Exceptions.-- ``(i) Passenger or freight rail component.-- The requirements of section 22905 shall apply to any passenger or freight rail component of a project. ``(ii) Public transportation component.--The requirements of section 5333 shall apply to any public transportation component of a project.''. SEC. 21202. LOCAL AND REGIONAL PROJECT ASSISTANCE. (a) In General.--Chapter 67 of subtitle III of title 49, United States Code (as added by section 21201), is amended by adding at the end the following: ``Sec. 6702. <<NOTE: 49 USC 6702.>> Local and regional project assistance ``(a) Definitions.--In this section: ``(1) Area of persistent poverty.--The term `area of persistent poverty' means-- ``(A) any county (or equivalent jurisdiction) in which, during the 30-year period ending on the date of enactment of this chapter, 20 percent or more of the population continually lived in poverty, as measured by-- ``(i) the 1990 decennial census; [[Page 135 STAT. 672]] ``(ii) the 2000 decennial census; and ``(iii) the most recent annual small area income and poverty estimate of the Bureau of the Census; ``(B) any census tract with a poverty rate of not less than 20 percent, as measured by the 5-year data series available from the American Community Survey of the Bureau of the Census for the period of 2014 through 2018; and ``(C) any territory or possession of the United States. ``(2) Eligible entity.--The term `eligible entity' means-- ``(A) a State; ``(B) the District of Columbia; ``(C) any territory or possession of the United States; ``(D) a unit of local government; ``(E) a public agency or publicly chartered authority established by 1 or more States; ``(F) a special purpose district or public authority with a transportation function, including a port authority; ``(G) a federally recognized Indian Tribe or a consortium of such Indian Tribes; ``(H) a transit agency; and ``(I) a multi-State or multijurisdictional group of entities described in any of subparagraphs (A) through (H). ``(3) Eligible project.--The term `eligible project' means-- ``(A) a highway or bridge project eligible for assistance under title 23; ``(B) a public transportation project eligible for assistance under chapter 53; ``(C) a passenger rail or freight rail transportation project eligible for assistance under this title; ``(D) a port infrastructure investment, including-- ``(i) inland port infrastructure; and ``(ii) a land port-of-entry; ``(E) the surface transportation components of an airport project eligible for assistance under part B of subtitle VII; ``(F) a project for investment in a surface transportation facility located on Tribal land, the title or maintenance responsibility of which is vested in the Federal Government; ``(G) a project to replace or rehabilitate a culvert or prevent stormwater runoff for the purpose of improving habitat for aquatic species that will advance the goal of the program described in subsection (b)(2); and ``(H) any other surface transportation infrastructure project that the Secretary considers to be necessary to advance the goal of the program. ``(4) Program.--The term `program' means the Local and Regional Project Assistance Program established under subsection (b)(1). ``(5) Rural area.--The term `rural area' means an area that is located outside of an urbanized area. ``(6) Secretary.--The term `Secretary' means the Secretary of Transportation. ``(7) Urbanized area.--The term `urbanized area' means an area with a population of more than 200,000 residents, based on the most recent decennial census. [[Page 135 STAT. 673]] ``(b) Establishment.-- ``(1) In general.--The Secretary shall establish and carry out a program, to be known as the `Local and Regional Project Assistance Program', to provide for capital investments in surface transportation infrastructure. ``(2) Goal.--The goal of the program shall be to fund eligible projects that will have a significant local or regional impact and improve transportation infrastructure. ``(c) Grants.-- ``(1) In general.--In carrying out the program, the Secretary may make grants to eligible entities, on a competitive basis, in accordance with this section. ``(2) Amount.--Except as otherwise provided in this section, each grant made under the program shall be in an amount equal to-- ``(A) not less than $5,000,000 for an urbanized area; ``(B) not less than $1,000,000 for a rural area; and ``(C) not more than $25,000,000. ``(3) Limitation.--Not more than 15 percent of the funds made available to carry out the program for a fiscal year may be awarded to eligible projects in a single State during that fiscal year. ``(d) Selection of Eligible Projects.-- ``(1) <<NOTE: Deadline.>> Notice of funding opportunity.-- Not later than 60 days after the date on which funds are made available to carry out the program, the Secretary shall publish a notice of funding opportunity for the funds. ``(2) Applications.--To be eligible to receive a grant under the program, an eligible entity shall submit to the Secretary an application-- ``(A) in such form and containing such information as the Secretary considers to be appropriate; and ``(B) <<NOTE: Deadline.>> by such date as the Secretary may establish, subject to the condition that the date shall be not later than 90 days after the date on which the Secretary issues the solicitation under paragraph (1). ``(3) <<NOTE: Evaluation.>> Primary selection criteria.--In awarding grants under the program, the Secretary shall evaluate the extent to which a project-- ``(A) improves safety; ``(B) improves environmental sustainability; ``(C) improves the quality of life of rural areas or urbanized areas; ``(D) increases economic competitiveness and opportunity, including increasing tourism opportunities; ``(E) contributes to a state of good repair; and ``(F) improves mobility and community connectivity. ``(4) Additional selection criteria.--In selecting projects to receive grants under the program, the Secretary shall take into consideration the extent to which-- ``(A) the project sponsors collaborated with other public and private entities; ``(B) the project adopts innovative technologies or techniques, including-- ``(i) innovative technology; ``(ii) innovative project delivery techniques; and ``(iii) innovative project financing; [[Page 135 STAT. 674]] ``(C) the project has demonstrated readiness; and ``(D) the project is cost effective. ``(5) Transparency.-- ``(A) <<NOTE: Evaluation.>> In general.--The Secretary, shall evaluate, through a methodology that is discernible and transparent to the public, the means by which each application submitted under paragraph (2) addresses the criteria under paragraphs (3) and (4) or otherwise established by the Secretary. ``(B) Publication.--The methodology under subparagraph (A) shall be published by the Secretary as part of the notice of funding opportunity under the program. ``(6) <<NOTE: Deadline.>> Awards.--Not later than 270 days after the date on which amounts are made available to provide grants under the program for a fiscal year, the Secretary shall announce the selection by the Secretary of eligible projects to receive the grants in accordance with this section. ``(7) Technical assistance.-- ``(A) <<NOTE: Briefings.>> In general.--On request of an eligible entity that submitted an application under paragraph (2) for a project that is not selected to receive a grant under the program, the Secretary shall provide to the eligible entity technical assistance and briefings relating to the project. ``(B) Treatment.--Technical assistance provided under this paragraph shall not be considered a guarantee of future selection of the applicable project under the program. ``(e) Federal Share.-- ``(1) In general.--Except as provided in paragraph (2), the Federal share of the cost of an eligible project carried out using a grant provided under the program shall not exceed 80 percent. ``(2) Exception.--The Federal share of the cost of an eligible project carried out in a rural area, a historically disadvantaged community, or an area of persistent poverty using a grant under this subsection may exceed 80 percent, at the discretion of the Secretary. ``(3) Treatment of other federal funds.--Amounts provided under any of the following programs shall be considered to be a part of the non-Federal share for purposes of this subsection: ``(A) The tribal transportation program under section 202 of title 23. ``(B) The Federal lands transportation program under section 203 of title 23. ``(C) The TIFIA program (as defined in section 601(a) of title 23). ``(D) The Railroad Rehabilitation and Improvement Financing Program under chapter 224. ``(f) Other Considerations.-- ``(1) In general.--Of the total amount made available to carry out the program for each fiscal year-- ``(A) not more than 50 percent shall be allocated for eligible projects located in rural areas; and ``(B) not more than 50 percent shall be allocated for eligible projects located in urbanized areas. ``(2) Historically disadvantaged communities and areas of persistent poverty.--Of the total amount made [[Page 135 STAT. 675]] available to carry out the program for each fiscal year, not less than 1 percent shall be awarded for projects in historically disadvantaged communities or areas of persistent poverty. ``(3) Multimodal and geographical considerations.--In selecting projects to receive grants under the program, the Secretary shall take into consideration geographical and modal diversity. ``(g) Project Planning.--Of the amounts made available to carry out the program for each fiscal year, not less than 5 percent shall be made available for the planning, preparation, or design of eligible projects. ``(h) Transfer of Authority.--Of the amounts made available to carry out the program for each fiscal year, the Secretary may transfer not more than 2 percent for a fiscal year to the Administrator of any of the Federal Highway Administration, the Federal Transit Administration, the Federal Railroad Administration, or the Maritime Administration to award and oversee grants and credit assistance in accordance with this section. ``(i) Credit Program Costs.-- ``(1) In general.--Subject to paragraph (2), at the request of an eligible entity, the Secretary may use a grant provided to the eligible entity under the program to pay the subsidy or credit risk premium, and the administrative costs, of an eligible project that is eligible for Federal credit assistance under-- ``(A) chapter 224; or ``(B) chapter 6 of title 23. ``(2) Limitation.--Not more than 20 percent of the funds made available to carry out the program for a fiscal year may be used to carry out paragraph (1). ``(j) <<NOTE: Time period.>> Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $1,500,000,000 for each of fiscal years 2022 through 2026, to remain available for a period of 3 fiscal years following the fiscal year for which the amounts are appropriated. ``(k) Reports.-- ``(1) <<NOTE: Web posting.>> Annual report.--The Secretary shall make available on the website of the Department of Transportation at the end of each fiscal year an annual report that describes each eligible project for which a grant was provided under the program during that fiscal year. ``(2) <<NOTE: Deadline.>> Comptroller general.--Not later than 1 year after the date on which the initial grants are awarded for eligible projects under the program, the Comptroller General of the United States shall-- ``(A) <<NOTE: Review.>> review the administration of the program, including-- ``(i) the solicitation process; and ``(ii) the selection process, including-- ``(I) the adequacy and fairness of the process; and ``(II) the selection criteria; and ``(B) <<NOTE: Recommenda- tions.>> submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report describing the findings of the review [[Page 135 STAT. 676]] under subparagraph (A), including recommendations for improving the administration of the program, if any.''. (b) <<NOTE: Reports.>> Study.--Not later than 1 year after the date of enactment of this Act, the Comptroller General of the United States shall conduct, and submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report describing the results of, a study of how changes to Federal share matching requirements and selection criteria, such as using State population data in Department discretionary programs, may impact the allocations made to States. (c) Clerical Amendment.--The analysis for subtitle III of title 49, United States Code, <<NOTE: 49 USC 5101 prec.>> is amended by adding at the end the following: ``CHAPTER 67--Multimodal Infrastructure Investments ``6701. National infrastructure project assistance. ``6702. Local and regional project assistance.''. SEC. 21203. NATIONAL CULVERT REMOVAL, REPLACEMENT, AND RESTORATION GRANT PROGRAM. (a) In General.--Chapter 67 of title 49, United States Code (as amended by section 21202(a)), is amended by adding at the end the following: ``Sec. 6703. <<NOTE: 49 USC 6703.>> National culvert removal, replacement, and restoration grant program ``(a) Definitions.--In this section: ``(1) Director.--The term `Director' means the Director of the United States Fish and Wildlife Service. ``(2) Indian tribe.--The term `Indian Tribe' has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304). ``(3) Program.--The term `program' means the annual competitive grant program established under subsection (b). ``(4) Secretary.--The term `Secretary' means the Secretary of Transportation. ``(5) Undersecretary.--The term `Undersecretary' means the Undersecretary of Commerce for Oceans and Atmosphere. ``(b) <<NOTE: Consultation. Fish and fishing.>> Establishment.--The Secretary, in consultation with the Undersecretary, shall establish an annual competitive grant program to award grants to eligible entities for projects for the replacement, removal, and repair of culverts or weirs that-- ``(1) would meaningfully improve or restore fish passage for anadromous fish; and ``(2) with respect to weirs, may include-- ``(A) infrastructure to facilitate fish passage around or over the weir; and ``(B) weir improvements. ``(c) Eligible Entities.--An entity eligible to receive a grant under the program is-- ``(1) a State; ``(2) a unit of local government; or ``(3) an Indian Tribe. ``(d) <<NOTE: Consultation. Determination. Criteria.>> Grant Selection Process.--The Secretary, in consultation with the Undersecretary and the Director, shall establish a process for determining criteria for awarding grants under the program, subject to subsection (e). [[Page 135 STAT. 677]] ``(e) <<NOTE: Consultation. Procedures.>> Prioritization.--The Secretary, in consultation with the Undersecretary and the Director, shall establish procedures to prioritize awarding grants under the program to-- ``(1) <<NOTE: Fish and fishing.>> projects that would improve fish passage for-- ``(A) anadromous fish stocks listed as an endangered species or a threatened species under section 4 of the Endangered Species Act of 1973 (16 U.S.C. 1533); ``(B) anadromous fish stocks identified by the Undersecretary or the Director that could reasonably become listed as an endangered species or a threatened species under that section; ``(C) anadromous fish stocks identified by the Undersecretary or the Director as prey for endangered species, threatened species, or protected species, including Southern resident orcas (Orcinus orcas); or ``(D) anadromous fish stocks identified by the Undersecretary or the Director as climate resilient stocks; and ``(2) projects that would open up more than 200 meters of upstream habitat before the end of the natural habitat. ``(f) Federal Share.--The Federal share of the cost of a project carried out with a grant to a State or a unit of local government under the program shall be not more than 80 percent. ``(g) <<NOTE: Consultation.>> Technical Assistance.--The Secretary, in consultation with the Undersecretary and the Director, shall develop a process to provide technical assistance to Indian Tribes and underserved communities to assist in the project design and grant process and procedures. ``(h) Administrative Expenses.--Of the amounts made available for each fiscal year to carry out the program, the Secretary, the Undersecretary, and the Director may use not more than 2 percent to pay the administrative expenses necessary to carry out this section. ``(i) <<NOTE: Time period.>> Authorization of Appropriations.--There is authorized to be appropriated to carry out the program $800,000,000 for each of fiscal years 2022 through 2026.''. (b) Clerical Amendment.--The analysis for chapter 67 of title 49, United States Code (as added by section 21202(c)), <<NOTE: 49 USC 6701 prec.>> is amended by adding at the end the following: ``6703. National culvert removal, replacement, and restoration grant program.''. SEC. 21204. NATIONAL MULTIMODAL COOPERATIVE FREIGHT RESEARCH PROGRAM. (a) In General.--Chapter 702 of title 49, United States Code (as amended by section 21106(a)), is amended by inserting after section 70204 the following: ``Sec. 70205. <<NOTE: 49 USC 70205.>> National multimodal cooperative freight research program ``(a) <<NOTE: Deadline.>> Establishment.--Not later than 1 year after the date of enactment of this section, the Secretary of Transportation (referred to in this section as the `Secretary') shall establish and support a national cooperative freight transportation research program. ``(b) Administration by National Academy of Sciences.-- ``(1) <<NOTE: Contracts.>> In general.--The Secretary shall enter into an agreement with the National Academy of Sciences to support and [[Page 135 STAT. 678]] carry out administrative and management activities under the program established under subsection (a). ``(2) <<NOTE: Establishment.>> Advisory committee.--To assist the National Academy of Sciences in carrying out this subsection, the National Academy shall establish an advisory committee, the members of which represent a cross-section of multimodal freight stakeholders, including-- ``(A) the Department of Transportation and other relevant Federal departments and agencies; ``(B) State (including the District of Columbia) departments of transportation; ``(C) units of local government, including public port authorities; ``(D) nonprofit entities; ``(E) institutions of higher education; ``(F) labor organizations representing employees in freight industries; and ``(G) private sector entities representing various transportation modes. ``(c) Activities.-- ``(1) National research agenda.-- ``(A) <<NOTE: Consultation. Recommenda- tions. Strategic plan.>> In general.--The advisory committee established under subsection (b)(2), in consultation with interested parties, shall recommend a national research agenda for the program in accordance with subsection (d), which shall include a multiyear strategic plan. ``(B) Action by interested parties.--For purposes of subparagraph (A), an interested party may-- ``(i) <<NOTE: Proposals.>> submit to the advisory committee research proposals; ``(ii) <<NOTE: Reviews.>> participate in merit reviews of research proposals and peer reviews of research products; and ``(iii) receive research results. ``(2) Research contracts and grants.-- ``(A) In general.--The National Academy of Sciences may award research contracts and grants under the program established under subsection (a) through-- ``(i) open competition; and ``(ii) <<NOTE: Reviews.>> merit review, conducted on a regular basis. ``(B) Evaluation.-- ``(i) Peer review.--A contract or grant for research under subparagraph (A) may allow peer review of the research results. ``(ii) Programmatic evaluations.--The National Academy of Sciences may conduct periodic programmatic evaluations on a regular basis of a contract or grant for research under subparagraph (A). ``(C) Dissemination of findings.--The National Academy of Sciences shall disseminate the findings of any research conducted under this paragraph to relevant researchers, practitioners, and decisionmakers through-- ``(i) conferences and seminars; ``(ii) field demonstrations; ``(iii) workshops; ``(iv) training programs; ``(v) presentations; ``(vi) testimony to government officials; [[Page 135 STAT. 679]] ``(vii) publicly accessible websites; ``(viii) publications for the general public; and ``(ix) other appropriate means. ``(3) <<NOTE: Public information. Web posting.>> Report.-- Not later than 1 year after the date of establishment of the program under subsection (a), and annually thereafter, the Secretary shall make available on a public website a report that describes the ongoing research and findings under the program. ``(d) Areas for Research.--The national research agenda under subsection (c)(1) shall consider research in the following areas: ``(1) Improving the efficiency and resiliency of freight movement, including-- ``(A) improving the connections between rural areas and domestic and foreign markets; ``(B) maximizing infrastructure utility, including improving urban curb-use efficiency; ``(C) quantifying the national impact of blocked railroad crossings; ``(D) improved techniques for estimating and quantifying public benefits derived from freight transportation projects; and ``(E) low-cost methods to reduce congestion at bottlenecks. ``(2) Adapting to future trends in freight, including-- ``(A) considering the impacts of e-commerce; ``(B) automation; and ``(C) zero-emissions transportation. ``(3) Workforce considerations in freight, including-- ``(A) diversifying the freight transportation industry workforce; and ``(B) creating and transitioning a workforce capable of designing, deploying, and operating emerging technologies. ``(e) Federal Share.-- ``(1) In general.--The Federal share of the cost of an activity carried out under this section shall be up to 100 percent. ``(2) Use of non-federal funds.--In addition to using funds made available to carry out this section, the National Academy of Sciences may seek and accept additional funding from public and private entities capable of accepting funding from the Department of Transportation, States, units of local government, nonprofit entities, and the private sector. ``(f) Authorization of Appropriations.--There is authorized to be appropriated to the Secretary $3,750,000 for each fiscal year to carry out the program established under subsection (a), to remain available until expended. ``(g) Sunset.--The program established under subsection (a) shall terminate 5 years after the date of enactment of this section.''. (b) Clerical Amendment.--The analysis for chapter 702 of title 49, United States Code <<NOTE: 49 USC 70201 prec.>> (as amended by section 21106(b)), is amended by inserting after the item relating to section 70204 the following: ``70205. National multimodal cooperative freight research program.''. [[Page 135 STAT. 680]] SEC. 21205. RURAL AND TRIBAL INFRASTRUCTURE ADVANCEMENT. (a) <<NOTE: 49 USC 116 note.>> Definitions.--In this section: (1) Build america bureau.--The term ``Build America Bureau'' means the National Surface Transportation and Innovative Finance Bureau established under section 116 of title 49, United States Code. (2) Eligible entity.--The term ``eligible entity'' means-- (A) a unit of local government or political subdivision that is located outside of an urbanized area with a population of more than 150,000 residents, as determined by the Bureau of the Census; (B) a State seeking to advance a project located in an area described in subparagraph (A); (C) a federally recognized Indian Tribe; and (D) the Department of Hawaiian Home Lands. (3) Eligible program.--The term ``eligible program'' means any program described in-- (A) subparagraph (A) or (B) of section 116(d)(1) of title 49, United States Code; (B) section 118(d)(3)(A) of that title (as added by section 21101(a)); or (C) chapter 67 of that title (as added by section 21201). (4) Pilot program.--The term ``pilot program'' means the Rural and Tribal Assistance Pilot Program established under subsection (b)(1). (b) Establishment.-- (1) In general.--The Secretary shall establish within the Build America Bureau a pilot program, to be known as the ``Rural and Tribal Assistance Pilot Program'', to provide to eligible entities the assistance and information described in paragraph (2). (2) Assistance and information.--In carrying out the pilot program, the Secretary may provide to an eligible entity the following: (A) Financial, technical, and legal assistance to evaluate potential projects reasonably expected to be eligible to receive funding or financing assistance under an eligible program. (B) Assistance with development-phase activities, including-- (i) project planning; (ii) feasibility studies; (iii) revenue forecasting and funding and financing options analyses; (iv) environmental review; (v) preliminary engineering and design work; (vi) economic assessments and cost-benefit analyses; (vii) public benefit studies; (viii) statutory and regulatory framework analyses; (ix) value for money studies; (x) evaluations of costs to sustain the project; (xi) evaluating opportunities for private financing and project bundling; and (xii) any other activity determined to be appropriate by the Secretary. [[Page 135 STAT. 681]] (C) Information regarding innovative financing best practices and case studies, if the eligible entity is interested in using innovative financing methods. (c) Assistance From Expert Firms.--The Secretary may retain the services of expert firms, including counsel, in the field of municipal and project finance to assist in providing financial, technical, and legal assistance to eligible entities under the pilot program. (d) Website.-- (1) Description of pilot program.-- (A) <<NOTE: Public information.>> In general.--The Secretary shall make publicly available on the website of the Department a description of the pilot program, including-- (i) the resources available to eligible entities under the pilot program; and (ii) the application process established under paragraph (2)(A). (B) Clearinghouse.--The Secretary may establish a clearinghouse for tools, templates, and best practices on the page of the website of the Department that contains the information described in subparagraph (A). (2) Applications.-- (A) <<NOTE: Deadline.>> In general.--Not later than 180 days after the date of enactment of this Act, the Secretary shall establish a process by which an eligible entity may submit to the Secretary an application under the pilot program, in such form and containing such information as the Secretary may require. (B) <<NOTE: Public information.>> Online portal.-- The Secretary shall develop and make available to the public an online portal through which the Secretary may receive applications under subparagraph (A), on a rolling basis. (C) <<NOTE: Deadlines.>> Approval.-- (i) <<NOTE: Notice.>> In general.--Not later than 60 days after the date on which the Secretary receives a complete application under subparagraph (A), the Secretary shall provide to each eligible entity that submitted the application a notice describing whether the application is approved or disapproved. (ii) Additional written notification.-- (I) In general.--Not later than 30 days after the date on which the Secretary provides to an eligible entity a notification under clause (i), the Secretary shall provide to the eligible entity an additional written notification of the approval or disapproval of the application. (II) <<NOTE: Briefing.>> Disapproved applications.--If the application of an eligible entity is disapproved under this subparagraph, the additional written notification provided to the eligible entity under subclause (I) shall include an offer for a written or telephonic debrief by the Secretary that will provide an explanation of, and guidance regarding, the reasons why the application was disapproved. (iii) Insufficient applications.--The Secretary shall not approve an application under this subparagraph if the application fails to meet the applicable criteria established under this section. [[Page 135 STAT. 682]] (3) <<NOTE: Web postings. Reports.>> Dashboard.--The Secretary shall publish on the website of the Department a monthly report that includes, for each application received under the pilot program-- (A) the type of eligible entity that submitted the application; (B) the location of each potential project described in the application; (C) a brief description of the assistance requested; (D) the date on which the Secretary received the application; and (E) the date on which the Secretary provided the notice of approval or disapproval under paragraph (2)(C)(i). (e) Experts.--An eligible entity that receives assistance under the pilot program may retain the services of an expert for any phase of a project carried out using the assistance, including project development, regardless of whether the expert is retained by the Secretary under subsection (c). (f) Funding.-- (1) In general.--For each of fiscal years 2022 through 2026, the Secretary may use to carry out the pilot program, including to retain the services of expert firms under subsection (c), any amount made available to the Secretary to provide credit assistance under an eligible program that is not otherwise obligated, subject to paragraph (2). (2) Limitation.--The amount used under paragraph (1) to carry out the pilot program shall be not more than-- (A) $1,600,000 for fiscal year 2022; (B) $1,800,000 for fiscal year 2023; (C) $2,000,000 for fiscal year 2024; (D) $2,200,000 for fiscal year 2025; and (E) $2,400,000 for fiscal year 2026. (3) Geographical distribution.--Not more than 20 percent of the funds made available to carry out the pilot program for a fiscal year may be used for projects in a single State during that fiscal year. (g) Sunset.--The pilot program shall terminate on the date that is 5 years after the date of enactment of this Act. (h) Nonapplicability.--Nothing in this section limits the ability of the Build America Bureau or the Secretary to establish or carry out any other assistance program under title 23 or title 49, United States Code. (i) Administration by Build America Bureau.--Section 116(d)(1) of title 49, United States Code (as amended by section 21101(d)(4)), is amended by adding at the end the following: ``(D) The Rural and Tribal Assistance Pilot Program established under section 21205(b)(1) of the Surface Transportation Investment Act of 2021.''. Subtitle C--Railroad Rehabilitation and Improvement Financing Reforms SEC. 21301. RRIF CODIFICATION AND REFORMS. (a) Codification of Title V of the Railroad Revitalization and Regulatory Reform Act of 1976.--Part B of subtitle V of title 49, United States Code, <<NOTE: 49 USC 22401 prec.>> is amended-- [[Page 135 STAT. 683]] (1) by inserting after chapter 223 <<NOTE: 49 USC 22401 prec.>> the following chapter analysis: ``Chapter 224--Railroad Rehabilitation and Improvement Financing ``Sec. ``22401. Definitions. ``22402. Direct loans and loan guarantees. ``22403. Administration of direct loans and loan guarantees. ``22404. Employee protection. ``22405. Substantive criteria and standards. ``22406. Authorization of appropriations.''; (2) by inserting after the chapter analysis the following section headings: ``Sec. 22401. <<NOTE: 49 USC 22401.>> Definitions ``Sec. 22402. <<NOTE: 49 USC 22402.>> Direct loans and loan guarantees ``Sec. 22403. <<NOTE: 49 USC 22403.>> Administration of direct loans and loan guarantees ``Sec. 22404. <<NOTE: 49 USC 22404.>> Employee protection''; (3) by inserting after the section heading for section 22401, as added by paragraph (2), the text of section 501 of the Railroad Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 821); (4) by inserting after the section heading for section 22402, as added by paragraph (2), the text of section 502 of the Railroad Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 822); (5) by inserting after the section heading for section 22403, as added by paragraph (2), the text of section 503 of the Railroad Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 823); and (6) by inserting after the section heading for section 22404, as added by paragraph (2), the text of section 504 of the Railroad Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 836). (b) Conforming Repeals.-- (1) Repeals.-- (A) Sections 501, 502, 503, and 504 of the Railroad Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 821, 822, 823, and 836) are repealed. (B) Section 9003(j) of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (45 U.S.C. 822 note) is repealed. (2) <<NOTE: 45 USC 821 note.>> Savings provision.--The repeals under paragraph (1) shall not affect the rights and duties that matured under the repealed sections, the penalties that were incurred under such sections, or any proceeding authorized under any such section that commenced before the date of enactment of this Act. (c) Definitions.-- (1) Headings.--Section 22401 of title 49, United States Code, as added by subsection (a)(2), and amended by subsection (a)(3), is further amended-- (A) in paragraph (1)-- (i) by striking ``(1)(A) The'' and inserting the following: ``(1) Cost.-- ``(A) The''; and [[Page 135 STAT. 684]] (ii) by indenting subparagraphs (B) through (F) appropriately; and (B) in each of paragraphs (2) through (14), by inserting a paragraph heading, the text of which is comprised of the term defined in the paragraph. (2) Other technical amendments.--Section 22401 of title 49, United States Code, as added by subsection (a)(2), and amended by subsection (a)(3) and paragraph (1) of this subsection, is further amended-- (A) in the matter preceding paragraph (1), by striking ``For purposes of this title:'' and inserting ``In this chapter:''; (B) in paragraph (11), by striking ``under this title'' and inserting ``under this chapter''; (C) by amending paragraph (12) to read as follows: ``(12) Railroad.--The term `railroad' includes-- ``(A) any railroad or railroad carrier (as such terms are defined in section 20102); and ``(B) any rail carrier (as defined in section 24102).''; (D) by redesignating paragraph (14) as paragraph (15); and (E) by inserting after paragraph (13) the following: ``(14) Secretary.--The term `Secretary' means the Secretary of Transportation.''. (d) Direct Loans and Loan Guarantees.--Section 22402 of title 49, United States Code, as added by subsection (a)(2), and amended by subsection (a)(4), is further amended-- (1) in subsection (a)-- (A) in paragraph (2), by inserting ``entities implementing'' before ``interstate compacts''; (B) in paragraph (5)-- (i) by inserting ``entities participating in'' before ``joint ventures''; and (ii) by striking ``and'' at the end; and (C) by striking paragraph (6) and inserting the following: ``(6) limited option freight shippers that own or operate a plant or other facility, solely for the purpose of constructing a rail connection between a plant or facility and a railroad; and ``(7) private entities with controlling ownership in 1 or more freight railroads other than Class I carriers.''; (2) in subsection (b)-- (A) by amending paragraph (1) to read as follows: ``(1) In general.--Direct loans and loan guarantees authorized under this section shall be used-- ``(A) to acquire, improve, or rehabilitate intermodal or rail equipment or facilities, including track, components of track, cuts and fills, stations, tunnels, bridges, yards, buildings, and shops, and to finance costs related to those activities, including pre-construction costs; ``(B) to develop or establish new intermodal or railroad facilities; ``(C) to develop landside port infrastructure for seaports serviced by rail; ``(D) to refinance outstanding debt incurred for the purposes described in subparagraph (A) , (B), or (C); [[Page 135 STAT. 685]] ``(E) <<NOTE: Reimbursement.>> to reimburse planning, permitting, and design expenses relating to activities described in subparagraph (A), (B), or (C); or ``(F) to finance economic development, including commercial and residential development, and related infrastructure and activities, that-- ``(i) incorporates private investment of greater than 20 percent of total project costs; ``(ii) is physically connected to, or is within \1/2\ mile of, a fixed guideway transit station, an intercity bus station, a passenger rail station, or a multimodal station, provided that the location includes service by a railroad; ``(iii) <<NOTE: Deadline.>> demonstrates the ability of the applicant to commence the contracting process for construction not later than 90 days after the date on which the direct loan or loan guarantee is obligated for the project under this chapter; and ``(iv) demonstrates the ability to generate new revenue for the relevant passenger rail station or service by increasing ridership, increasing tenant lease payments, or carrying out other activities that generate revenue exceeding costs.''; and (B) by striking paragraph (3); (3) in subsection (c)-- (A) in paragraph (1), by striking ``of title 49, United States Code''; and (B) in paragraph (5), by striking ``title 49, United States Code,'' and inserting ``this title''; (4) in subsection (e), by amending paragraph (1) to read as follows: ``(1) Direct loans.--The interest rate on a direct loan under this section shall be not less than the yield on United States Treasury securities of a similar maturity to the maturity of the secured loan on the date of execution of the loan agreement.''; (5) in subsection (f)-- (A) in paragraph (3)-- (i) in the matter preceding subparagraph (A)-- (I) by striking ``An applicant may propose and'' and inserting ``Upon receipt of a proposal from an applicant under this section,''; and (II) by striking ``tangible asset'' and inserting ``collateral described in paragraph (6)''; (ii) in subparagraph (B)(ii), by inserting ``, including operating or tenant charges, facility rents, or other fees paid by transportation service providers or operators for access to, or the use of, infrastructure, including rail lines, bridges, tunnels, yards, or stations'' after ``user fees''; (iii) in subparagraph (C), by striking ``$75,000,000'' and inserting ``$150,000,000''; and (iv) by adding at the end the following: ``(D) Revenue from projected freight or passenger demand for the project based on regionally developed economic forecasts, including projections of any modal diversion resulting from the project.''; and [[Page 135 STAT. 686]] (B) by adding at the end the following: ``(5) <<NOTE: Deadline.>> Cohorts of loans.--Subject to the availability of funds appropriated by Congress under section 22406(a)(2), for any direct loan issued before the date of enactment of the Fixing America's Surface Transportation Act (Public Law 114-94) pursuant to sections 501 through 504 of the Railroad Revitalization and Regulatory Reform Act of 1976 (Public Law 94-210), the Secretary shall repay the credit risk premiums of such loan, with interest accrued thereon, not later than-- ``(A) 60 days after the date of enactment of the Surface Transportation Investment Act of 2021 if the borrower has satisfied all obligations attached to such loan; or ``(B) if the borrower has not yet satisfied all obligations attached to such loan, 60 days after the date on which all obligations attached to such loan have been satisfied. ``(6) Collateral.-- ``(A) <<NOTE: Evaluations.>> Types of collateral.-- An applicant or infrastructure partner may propose tangible and intangible assets as collateral, exclusive of goodwill. The Secretary, after evaluating each such asset-- ``(i) shall accept a net liquidation value of collateral; and ``(ii) shall consider and may accept-- ``(I) the market value of collateral; or ``(II) in the case of a blanket pledge or assignment of an entire operating asset or basket of assets as collateral, the market value of assets, or, the market value of the going concern, considering-- ``(aa) inclusion in the pledge of all the assets necessary for independent operational utility of the collateral, including tangible assets such as real property, track and structure, motive power, equipment and rolling stock, stations, systems and maintenance facilities and intangible assets such as long- term shipping agreements, easements, leases and access rights such as for trackage and haulage; ``(bb) interchange commitments; and ``(cc) the value of the asset as determined through the cost or market approaches, or the market value of the going concern, with the latter considering discounted cash flows for a period not to exceed the term of the direct loan or loan guarantee. ``(B) Appraisal standards.--In evaluating appraisals of collateral under subparagraph (A), the Secretary shall consider-- ``(i) adherence to the substance and principles of the Uniform Standards of Professional Appraisal Practice, as developed by the Appraisal Standards Board of the Appraisal Foundation; and ``(ii) the qualifications of the appraisers to value the type of collateral offered. ``(7) Repayment of credit risk premiums.--The Secretary shall return credit risk premiums paid, and interest accrued [[Page 135 STAT. 687]] on such premiums, to the original source when all obligations of a loan or loan guarantee have been satisfied. This paragraph applies to any project that has been granted assistance under this section after the date of enactment of the Surface Transportation Investment Act of 2021.''; (6) in subsection (g), by amending paragraph (1) the read as follows: ``(1) <<NOTE: Time period.>> repayment of the obligation is required to be made within a term that is not longer than the shorter of-- ``(A) 75 years after the date of substantial completion of the project; ``(B) the estimated useful life of the rail equipment or facilities to be acquired, rehabilitated, improved, developed, or established, subject to an adequate determination of long-term risk; or ``(C) for projects determined to have an estimated useful life that is longer than 35 years, the period that is equal to the sum of-- ``(i) 35 years; and ``(ii) the product of-- ``(I) the difference between the estimated useful life and 35 years; multiplied by ``(II) 75 percent.''; (7) in subsection (h)-- (A) in paragraph (3)-- (i) in subparagraph (A)-- (I) by striking ``of title 49, United States Code''; (II) by striking ``the National Railroad Passenger Corporation'' and inserting ``Amtrak''; and (III) by striking ``of that title''; and (ii) in subparagraph (B), by striking ``section 504 of this Act'' and inserting ``section 22404''; and (B) in paragraph (4), by striking ``(b)(1)(E)'' and inserting ``(b)(1)(F)''; (8) in subsection (i)-- (A) by amending paragraph (4) to read as follows: ``(4) <<NOTE: Loans.>> Streamlined application review process.-- ``(A) <<NOTE: Deadline. Procedures.>> In general.-- Not later than 180 days after the date of enactment of the Surface Transportation Investment Act of 2021, the Secretary shall implement procedures and measures to economize and make available an streamlined application process or processes at the request of applicants seeking loans or loan guarantees. ``(B) Criteria.--Applicants seeking loans and loan guarantees under this section shall-- ``(i) seek a total loan or loan guarantee value not exceeding $150,000,000; ``(ii) meet eligible project purposes described in subparagraphs (A) and (B) of subsection (b)(1); and ``(iii) <<NOTE: Consultation.>> meet other criteria considered appropriate by the Secretary, in consultation with the Council on Credit and Finance of the Department of Transportation. ``(C) <<NOTE: Time period.>> Expedited credit review.--The total period between the submission of an application and the approval or disapproval of an application for a direct loan or loan guarantee under this paragraph may not exceed 90 days. [[Page 135 STAT. 688]] If an application review conducted under this paragraph exceeds 90 days, the Secretary shall-- ``(i) <<NOTE: Notice. Estimate.>> provide written notice to the applicant, including a justification for the delay and updated estimate of the time needed for approval or disapproval; and ``(ii) <<NOTE: Publication.>> publish the notice on the dashboard described in paragraph (5).''; (B) in paragraph (5)-- (i) in subparagraph (E), by striking ``and'' at the end; (ii) in subparagraph (F), by adding ``; and'' at the end; and (iii) by adding at the end the following: ``(G) whether the project utilized the streamlined application process under paragraph (4).''; and (C) by adding at the end the following: ``(6) Creditworthiness review status.-- ``(A) In general.--The Secretary shall maintain status information related to each application for a loan or loan guarantee, which shall be provided to the applicant upon request, including-- ``(i) the total value of the proposed loan or loan guarantee; ``(ii) the name of the applicant or applicants submitting the application; ``(iii) the proposed capital structure of the project to which the loan or loan guarantee would be applied, including the proposed Federal and non-Federal shares of the total project cost; ``(iv) the type of activity to receive credit assistance, including whether the project is new construction, the rehabilitation of existing rail equipment or facilities, or the refinancing an existing loan or loan guarantee; ``(v) if a deferred payment is proposed, the length of such deferment; ``(vi) the credit rating or ratings provided for the applicant; ``(vii) if other credit instruments are involved, the proposed subordination relationship and a description of such other credit instruments; ``(viii) <<NOTE: Schedule.>> a schedule for the readiness of proposed investments for financing; ``(ix) a description of any Federal permits required, including under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and any waivers under section 5323(j) (commonly known as the `Buy America Act'); ``(x) other characteristics of the proposed activity to be financed, borrower, key agreements, or the nature of the credit that the Secretary considers to be fundamental to the creditworthiness review; ``(xi) the status of the application in the pre-application review and selection process; ``(xii) the cumulative amounts paid by the Secretary to outside advisors related to the application, including financial and legal advisors; [[Page 135 STAT. 689]] ``(xiii) <<NOTE: Determination.>> a description of the key rating factors used by the Secretary to determine credit risk, including-- ``(I) the factors used to determine risk for the proposed application; ``(II) an adjectival risk rating for each identified factor, ranked as either low, moderate, or high; ``(xiv) <<NOTE: Estimate.>> a nonbinding estimate of the credit risk premium, which may be in the form of-- ``(I) a range, based on the assessment of risk factors described in clause (xiii); or ``(II) a justification for why the estimate of the credit risk premium cannot be determined based on available information; and ``(xv) a description of the key information the Secretary needs from the applicant to complete the credit review process and make a final determination of the credit risk premium. ``(B) Report upon request.--The Secretary shall provide the information described in subparagraph (A) not later than 30 days after a request from the applicant. ``(C) Exception.--Applications processed using the streamlined application review process under paragraph (4) are not subject to the requirements under this paragraph.''; (9) in subsection (l)(2)(A)(iii), by striking ``under this title'' and inserting ``under this chapter''; (10) in subsection (m)(1), by striking ``under this title'' and inserting ``under this chapter''; and (11) by adding at the end the following: ``(n) Non-Federal Share.--The proceeds of a loan provided under this section may be used as the non-Federal share of project costs for any grant program administered by the Secretary if such loan is repayable from non-Federal funds.''. (e) Administration of Direct Loans and Loan Guarantees.--Section 22403 of title 49, United States Code, as added by subsection (a)(2), and amended by subsection (a)(5), is further amended-- (1) in subsection (a)-- (A) by striking ``The Secretary shall'' and inserting the following: ``(1) In general.--The Secretary shall''; (B) in paragraph (1), as designated by subparagraph (A), by striking ``section 502'' and inserting ``section 22402''; and (C) by adding at the end the following: ``(2) Documentation.--An applicant meeting the size standard for small business concerns established under section 3(a)(2) of the Small Business Act (15 U.S.C. 632(a)(2)) may provide unaudited financial statements as documentation of historical financial information if such statements are accompanied by the applicant's Federal tax returns and Internal Revenue Service tax verifications for the corresponding years.''; (2) in subsection (d)(3), by striking ``section 502(f)'' and inserting ``section 22402(f)''; (3) in subsection (l)(3)(B), by striking ``serving a direct loan'' and inserting ``servicing a direct loan''; and (4) in each of subsections (b) through (m), as applicable-- [[Page 135 STAT. 690]] (A) by striking ``section 502'' each place it appears and inserting ``section 22402''; and (B) by striking ``this title'' each place it appears and inserting ``this chapter''. (f) Employee Protection.--Section 22404 of title 49, United States Code, as added by subsection (a)(2), and amended by subsection (a)(6), is further amended-- (1) in subsection (a)-- (A) by striking ``not otherwise protected under title V of the Regional Rail Reorganization Act of 1973 (45 U.S.C. 771 et seq.),''; (B) by striking ``under this title'' and inserting ``under this chapter''; (C) by striking ``within 120 days after the date of enactment of this title'' and inserting ``not later than 120 days after February 5, 1976''; and (D) by striking ``within 150 days after the date of enactment of this title'' and inserting ``not later than 150 days after February 5, 1976''; (2) in subsection (b)-- (A) in the matter preceding paragraph (1)-- (i) by striking ``applicable financial assistance under this title'' and inserting ``applicable financial assistance under this chapter''; and (ii) by striking ``from financial assistance under this title'' and inserting ``from financial assistance under this chapter''; (B) in paragraph (3), by striking ``under this title'' and inserting ``under this chapter''; and (C) in paragraph (4), by striking ``to this title'' and inserting ``to this chapter''; and (3) in subsection (c), by striking ``to this title'' and inserting ``to this chapter''. (g) Substantive Criteria and Standards.--Chapter 224 of title 49, United States Code, as added by subsection (a), and amended by subsections (c) through (f), is further amended by adding at the end the following: ``Sec. 22405. <<NOTE: 49 USC 22405.>> Substantive criteria and standards ``The Secretary shall-- ``(1) <<NOTE: Federal Register, publication. Web posting. Determination.>> publish in the Federal Register and post on a website of the Department of Transportation the substantive criteria and standards used by the Secretary to determine whether to approve or disapprove applications submitted under section 22402; and ``(2) <<NOTE: Procedures. Guidelines. Deadlines.>> ensure that adequate procedures and guidelines are in place to permit the filing of complete applications not later than 30 days after the publication referred to in paragraph (1).''. (h) Authorization of Appropriations.--Chapter 224 of title 49, United States Code, as added by subsection (a), and amended by subsections (c) through (g), is further amended by adding at the end the following: ``Sec. 22406. <<NOTE: 49 USC 22406.>> Authorization of appropriations. ``(a) Authorization.-- [[Page 135 STAT. 691]] ``(1) <<NOTE: Time period.>> In general.--There is authorized to be appropriated for credit assistance under this chapter, which shall be provided at the discretion of the Secretary, $50,000,000 for each of fiscal years 2022 through 2026. ``(2) Refund of premium.--There is authorized to be appropriated to the Secretary $70,000,000 to repay the credit risk premium in accordance with section 22402(f)(5). ``(3) Availability.--Amounts appropriated pursuant to this subsection shall remain available until expended. ``(b) Use of Funds.-- ``(1) In general.--Credit assistance provided under subsection (a) may not exceed $20,000,000 for any loan or loan guarantee. ``(2) Administrative costs.--Not less than 3 percent of the amounts appropriated pursuant to subsection (a) in each fiscal year shall be made available to the Secretary for use in place of charges collected under section 22403(l)(1) for passenger railroads and freight railroads other than Class I carriers. ``(3) Short line set-aside.--Not less than 50 percent of the amounts appropriated pursuant to subsection (a)(1) for each fiscal year shall be set aside for freight railroads other than Class I carriers.''. (i) Clerical Amendment.--The analysis for title 49, United States Code, is <<NOTE: 49 USC 20101 prec.>> amended by inserting after the item relating to chapter 223 the following: ``224 . Railroad rehabilitation and improvement financing.......22401''. (j) Technical and Conforming Amendments.-- (1) National trails system act.--Section 8(d) of the National Trails System Act (16 U.S.C. 1247(d)) is amended by inserting ``(45 U.S.C. 801 et seq.) and chapter 224 of title 49, United States Code'' after ``1976''. (2) Passenger rail reform and investment act.--Section 11315(c) of the Passenger Rail Reform and Investment Act of 2015 (23 U.S.C. 322 note; Public Law 114-94) is amended by striking ``sections 502 and 503 of the Railroad Revitalization and Regulatory Reform Act of 1976'' and inserting ``sections 22402 and 22403 of title 49, United States Code''. (3) Provisions classified in title 45, united states code.-- (A) Railroad revitalization and regulatory reform act of 1976.--Section 101 of the Railroad Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 801) is amended-- (i) in subsection (a), in the matter preceding paragraph (1), by striking ``It is the purpose of the Congress in this Act to'' and inserting ``The purpose of this Act and chapter 224 of title 49, United States Code, is to''; and (ii) in subsection (b), in the matter preceding paragraph (1), by striking ``It is declared to be the policy of the Congress in this Act'' and inserting ``The policy of this Act and chapter 224 of title 49, United States Code, is''. (B) Railroad infrastructure financing improvement act.--The Railroad Infrastructure Financing [[Page 135 STAT. 692]] Improvement Act (subtitle F of title XI of Public Law 114-94) is amended-- (i) in section 11607(b) (45 U.S.C. 821 note), by striking ``All provisions under sections 502 through 504 of the Railroad Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 801 et seq.)'' and inserting ``All provisions under section 22402 through 22404 of title 49, United States Code,''; and (ii) in section 11610(b) (45 U.S.C. 821 note), by striking ``section 502(f) of the Railroad Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 822(f)), as amended by section 11607 of this Act'' and inserting ``section 22402(f) of title 49, United States Code''. (C) Transportation equity act for the 21st century.--Section 7203(b)(2) of the Transportation Equity Act for the 21st Century (Public Law 105-178; 45 U.S.C. 821 note) is amended by striking ``title V of the Railroad Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 821 et seq.)'' and inserting ``chapter 224 of title 49, United States Code,''. (D) Hamm alert maritime safety act of 2018.--Section 212(d)(1) of Hamm Alert Maritime Safety Act of 2018 (title II of Public Law 115-265; 45 U.S.C. 822 note) is amended, in the matter preceding subparagraph (A), by striking ``for purposes of section 502(f)(4) of the Railroad Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 822(f)(4))'' and inserting ``for purposes of section 22402 of title 49, United States Code''. (E) Milwaukee railroad restructuring act.--Section 15(f) of the Milwaukee Railroad Restructuring Act (45 U.S.C. 914(f)) is amended by striking ``Section 516 of the Railroad Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 836)'' and inserting ``Section 22404 of title 49, United States Code,''. (F) Rock island railroad transition and employee assistance act.--Section 104(b) of the Rock Island Railroad Transition and Employee Assistance Act (45 U.S.C. 1003(b)) is amended-- (i) in paragraph (1)-- (I) by striking ``title V of the Railroad Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 821 et seq.)'' and inserting ``chapter 224 of title 49, United States Code,''; and (II) by striking ``and section 18(b) of the Milwaukee Railroad Restructuring Act''; and (ii) in paragraph (2), by striking ``title V of the Railroad Revitalization and Regulatory Reform Act of 1976, and section 516 of such Act (45 U.S.C. 836)'' and inserting ``chapter 224 of title 49, United States Code, including section 22404 of such title,''. (4) Title 49.-- (A) National surface transportation and innovative finance bureau.--Section 116(d)(1)(B) of title 49, United States Code, is amended by striking ``sections 501 through 503 of the Railroad Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 821-823)'' and inserting ``sections 22401 through 22403''. [[Page 135 STAT. 693]] (B) Prohibited discrimination.--Section 306(b) of title 49, United States Code, is amended-- (i) by striking ``chapter 221 or 249 of this title,'' and inserting ``chapter 221, 224, or 249 of this title, or''; and (ii) by striking ``, or title V of the Railroad Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 821 et seq.)''. (C) Passenger rail reform and investment act of 2015.--Section 11311(d) of the Passenger Rail Reform and Investment Act of 2015 (Public Law 114-94; 49 U.S.C. 20101 note) is amended by striking ``, and section 502 of the Railroad Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 822)''. (D) Grant conditions.--Section 22905(c)(2)(B) of title 49, United States Code, is amended by striking ``section 504 of the Railroad Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 836)'' and inserting ``section 22404''. (E) Passenger rail investment and improvement act of 2008.--Section 205(g) of the Passenger Rail Investment and Improvement Act of 2008 (division B of Public Law 110-432; 49 U.S.C. 24101 note) is amended by striking ``title V of the Railroad Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 821 et seq.)'' and inserting ``chapter 224 of title 49, United States Code''. (F) Amtrak authority.--Section 24903 of title 49, United States Code, is amended-- (i) in subsection (a)(6), by striking ``and the Railroad Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 801 et seq.)'' and inserting ``, the Railroad Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 801 et seq.), and chapter 224 of this title''; and (ii) in subsection (c)(2), by striking ``and the Railroad Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 801 et seq.)'' and inserting ``, the Railroad Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 801 et seq.), and chapter 224 of this title''. SEC. 21302. <<NOTE: Deadline. Update. Public information. 49 USC 22402 note.>> SUBSTANTIVE CRITERIA AND STANDARDS. Not later than 180 days after the date of enactment of this Act, the Secretary shall update the publicly available credit program guide in accordance with the provisions of chapter 224 of title 49, United States Code, as added by section 21301. SEC. 21303. <<NOTE: 49 USC 22402 note.>> SEMIANNUAL REPORT ON TRANSIT-ORIENTED DEVELOPMENT ELIGIBILITY. Not later than 6 months after the date of enactment of this Act, and every 6 months thereafter, the Secretary shall submit a report to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives that identifies-- (1) the number of applications submitted to the Department for a direct loan or loan guarantee under section 22402(b)(1)(E) of title 49, United States Code, as amended by section 21301; (2) the number of such loans or loan guarantees that were provided to the applicants; and [[Page 135 STAT. 694]] (3) for each such application, the reasons for providing or declining to provide the requested loan or loan guarantee. TITLE II-- <<NOTE: Passenger Rail Expansion and Rail Safety Act of 2021.>> RAIL SEC. 22001. <<NOTE: 49 USC 20101 note.>> SHORT TITLE. This title may be cited as the ``Passenger Rail Expansion and Rail Safety Act of 2021''. Subtitle A <<NOTE: Time periods.>> --Authorization of Appropriations SEC. 22101. GRANTS TO AMTRAK. (a) Northeast Corridor.--There are authorized to be appropriated to the Secretary for grants to Amtrak for activities associated with the Northeast Corridor the following amounts: (1) For fiscal year 2022, $1,570,000,000. (2) For fiscal year 2023, $1,100,000,000. (3) For fiscal year 2024, $1,200,000,000. (4) For fiscal year 2025, $1,300,000,000. (5) For fiscal year 2026, $1,400,000,000. (b) National Network.--There are authorized to be appropriated to the Secretary for grants to Amtrak for activities associated with the National Network the following amounts: (1) For fiscal year 2022, $2,300,000,000. (2) For fiscal year 2023, $2,200,000,000. (3) For fiscal year 2024, $2,450,000,000. (4) For fiscal year 2025, $2,700,000,000. (5) For fiscal year 2026, $3,000,000,000. (c) Oversight.--The Secretary may withhold up to 0.5 percent from the amount appropriated for each fiscal year pursuant to subsections (a) and (b) for the costs of oversight of Amtrak. (d) State-Supported Route Committee.--The Secretary may withhold up to $3,000,000 from the amount appropriated for each fiscal year pursuant to subsection (b) for use by the State-Supported Route Committee established under section 24712(a) of title 49, United States Code. (e) Northeast Corridor Commission.--The Secretary may withhold up to $6,000,000 from the amount appropriated for each fiscal year pursuant to subsection (a) for use by the Northeast Corridor Commission established under section 24905(a) of title 49, United States Code. (f) Interstate Rail Compacts.--The Secretary may withhold up to $3,000,000 from the amount appropriated for each fiscal year pursuant to subsection (b) for grants authorized under section 22910 of title 49, United States Code. (g) Accessibility Upgrades.-- (1) <<NOTE: Determination. Compliance.>> In general.--The Secretary shall withhold $50,000,000 from the amount appropriated for each fiscal year pursuant to subsections (a) and (b) for grants to assist Amtrak in financing capital projects to upgrade the accessibility of the national rail passenger transportation system by increasing the number of existing facilities that are compliant with the requirements under the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) until the Secretary determines [[Page 135 STAT. 695]] Amtrak's existing facilities are in compliance with such requirements. (2) Savings provision.--Nothing in paragraph (1) may be construed to prevent Amtrak from using additional funds appropriated pursuant to this section to carry out the activities authorized under such paragraph. (h) Corridor Development.--In addition to the activities authorized under subsection (b), Amtrak may use up to 10 percent of the amounts appropriated under subsection (b) in each fiscal year to support Amtrak- operated corridors selected under section 22306 for-- (1) planning and capital costs; and (2) operating assistance consistent with the Federal funding limitations under section 22908 of title 49, United States Code. SEC. 22102. FEDERAL RAILROAD ADMINISTRATION. (a) Safety and Operations.--There are authorized to be appropriated to the Secretary for the operations of the Federal Railroad Administration and to carry out railroad safety activities the following amounts: (1) For fiscal year 2022, $248,000,000. (2) For fiscal year 2023, $254,000,000. (3) For fiscal year 2024, $263,000,000. (4) For fiscal year 2025, $271,000,000. (5) For fiscal year 2026, $279,000,000. (b) Railroad Research and Development.--There are authorized to be appropriated to the Secretary for the use of the Federal Railroad Administration for activities associated with railroad research and development the following amounts: (1) For fiscal year 2022, $43,000,000. (2) For fiscal year 2023, $44,000,000. (3) For fiscal year 2024, $45,000,000. (4) For fiscal year 2025, $46,000,000. (5) For fiscal year 2026, $47,000,000. (c) Transportation Technology Center.--The Secretary may withhold up to $3,000,000 from the amount appropriated for each fiscal year pursuant to subsection (b) for activities authorized under section 20108(d) of title 49, United States Code. (d) Rail Research and Development Center of Excellence.--The Secretary may withhold up to 10 percent of the amount appropriated for each fiscal year under subsection (b) for grants authorized under section 20108(j) of title 49, United States Code. SEC. 22103. CONSOLIDATED RAIL INFRASTRUCTURE AND SAFETY IMPROVEMENTS GRANTS. (a) In General.--There is authorized to be appropriated to the Secretary for grants under section 22907 of title 49, United States Code, $1,000,000,000 for each of fiscal years 2022 through 2026. (b) Oversight.--The Secretary may withhold up to 2 percent from the amount appropriated for each fiscal year pursuant to subsection (a) for the costs of project management oversight of grants authorized under title 49, United States Code. SEC. 22104. RAILROAD CROSSING ELIMINATION PROGRAM. (a) <<NOTE: Grants.>> In General.--There is authorized to be appropriated to the Secretary for grants under section 22909 of title 49, United [[Page 135 STAT. 696]] States Code, as added by section 22305, $500,000,000 for each of fiscal years 2022 through 2026. (b) Planning Projects.--Not less than 3 percent of the amount appropriated in each fiscal year pursuant to subsection (a) year shall be used for planning projects described in section 22909(d)(6) of title 49, United States Code. (c) <<NOTE: Contracts. Grants.>> Highway-rail Grade Crossing Safety Information and Education Program.--Of the amount appropriated under subsection (a) in each fiscal year, 0.25 percent shall be used for contracts or grants to carry out a highway-rail grade crossing safety information and education program-- (1) to help prevent and reduce pedestrian, motor vehicle, and other accidents, incidents, injuries, and fatalities; and (2) to improve awareness along railroad rights-of-way and at highway-rail grade crossings. (d) Oversight.--The Secretary may withhold up to 2 percent from the amount appropriated for each fiscal year pursuant to subsection (a) for the costs of project management oversight of grants authorized under title 49, United States Code. SEC. 22105. RESTORATION AND ENHANCEMENT GRANTS. (a) In General.--There is authorized to be appropriated to the Secretary for grants under section 22908 of title 49, United States Code, $50,000,000 for each of fiscal years 2022 through 2026. (b) Oversight.--The Secretary may withhold up to 1 percent of the amount appropriated for each fiscal year pursuant to subsection (a) for the costs of project management oversight of grants authorized under title 49, United States Code. SEC. 22106. FEDERAL-STATE PARTNERSHIP FOR INTERCITY PASSENGER RAIL GRANTS. (a) In General.--There is authorized to be appropriated to the Secretary for grants under section 24911 of title 49, United States Code, $1,500,000,000 for each of fiscal years 2022 through 2026. (b) Oversight.--The Secretary may withhold up to 2 percent of the amount appropriated under subsection (a) for the costs of project management oversight of grants authorized under title 49, United States Code. SEC. 22107. AMTRAK OFFICE OF INSPECTOR GENERAL. There are authorized to be appropriated to the Office of Inspector General of Amtrak the following amounts: (1) For fiscal year 2022, $26,500,000. (2) For fiscal year 2023, $27,000,000. (3) For fiscal year 2024, $27,500,000. (4) For fiscal year 2025, $28,000,000. (5) For fiscal year 2026, $28,500,000. Subtitle B--Amtrak Reforms SEC. 22201. AMTRAK FINDINGS, MISSION, AND GOALS. (a) Findings.--Section 24101(a) of title 49, United States Code, is amended-- (1) in paragraph (1), by striking ``between crowded urban areas and in other areas of'' and inserting ``throughout''; [[Page 135 STAT. 697]] (2) in paragraph (4), by striking ``to Amtrak to achieve a performance level sufficient to justify expending public money'' and inserting ``in order to meet the intercity passenger rail needs of the United States''; (3) in paragraph (5)-- (A) by inserting ``intercity passenger and'' before ``commuter''; and (B) by inserting ``and rural'' after ``major urban;'' and (4) by adding at the end the following: ``(9) Long-distance routes are valuable resources of the United States that are used by rural and urban communities.''. (b) Goals.--Section 24101(c) of title 49, United States Code, is amended-- (1) by amending paragraph (1) to read as follows: ``(1) use its best business judgment in acting to maximize the benefits of Federal investments, including-- ``(A) offering competitive fares; ``(B) increasing revenue from the transportation of mail and express; ``(C) offering food service that meets the needs of its customers; ``(D) improving its contracts with rail carriers over whose tracks Amtrak operates; ``(E) controlling or reducing management and operating costs; and ``(F) providing economic benefits to the communities it serves;''; (2) in paragraph (11), by striking ``and'' at the end; (3) in paragraph (12), by striking the period at the end and inserting ``; and''; and (4) by adding at the end the following: ``(13) support and maintain established long-distance routes to provide value to the Nation by serving customers throughout the United States and connecting urban and rural communities.''. (c) Increasing Revenues.--Section 24101(d) of title 49, United States Code, is amended to read as follows: ``(d) Increasing Revenues.--Amtrak is encouraged to make agreements with private sector entities and to undertake initiatives that are consistent with good business judgment and designed to generate additional revenues to advance the goals described in subsection (c).''. SEC. 22202. COMPOSITION OF AMTRAK'S BOARD OF DIRECTORS. (a) Selection; Composition; Chair.--Section 24302(a) of title 49, United States Code, is amended-- (1) in paragraph (1)-- (A) in subparagraph (B), by striking ``President'' and inserting ``Chief Executive Officer''; and (B) in subparagraph (C), by inserting ``, at least 1 of whom shall be an individual with a disability (as defined in section 3 of the Americans with Disabilities Act of 1990 (42 U.S.C. 12102)) who has a demonstrated history of, or experience with, accessibility, mobility, and inclusive transportation in passenger rail or commuter rail'' before the period at the end; [[Page 135 STAT. 698]] (2) in paragraph (2), by striking ``and try to provide adequate and balanced representation of the major geographic regions of the United States served by Amtrak''; (3) by redesignating paragraph (5) as paragraph (7); and (4) by striking paragraph (4) and inserting the following: ``(4) Of the individuals appointed pursuant to paragraph (1)(C)-- ``(A) 2 individuals shall reside in or near a location served by a regularly scheduled Amtrak service along the Northeast Corridor; ``(B) 4 individuals shall reside in or near regions of the United States that are geographically distributed outside of the Northeast Corridor, of whom-- ``(i) 2 individuals shall reside in States served by a long-distance route operated by Amtrak; ``(ii) 2 individuals shall reside in States served by a State-supported route operated by Amtrak; and ``(iii) an individual who resides in a State that is served by a State-supported route and a long-distance route may be appointed to serve either position referred to in clauses (i) and (ii); ``(C) 2 individuals shall reside either-- ``(i) in or near a location served by a regularly scheduled Amtrak service on the Northeast Corridor; or ``(ii) in a State served by long-distance or a State-supported route; and ``(D) each individual appointed to the Board pursuant to this paragraph may only fill 1 of the allocations set forth in subparagraphs (A) through (C). ``(5) The Board shall elect a chairperson and vice chairperson, other than the Chief Executive Officer of Amtrak, from among its membership. The vice chairperson shall act as chairperson in the absence of the chairperson. ``(6) The Board shall meet at least annually with-- ``(A) representatives of Amtrak employees; ``(B) representatives of persons with disabilities; and ``(C) the general public, in an open meeting with a virtual attendance option, to discuss financial performance and service results.''. (b) <<NOTE: 49 USC 24302 note.>> Rule of Construction.--None of the amendments made by subsection (a) may be construed as affecting the term of any director serving on the Amtrak Board of Directors under section 24302(a)(1)(C) of title 49, United States Code, as of the date of enactment of this Act. SEC. 22203. STATION AGENTS. Section 24312 of title 49, United States Code, is amended by adding at the end the following: ``(c) Availability of Station Agents.-- ``(1) <<NOTE: Effective date.>> In general.--Except as provided in paragraph (2), beginning on the date that is 1 year after the date of enactment of the Passenger Rail Expansion and Rail Safety Act of 2021, Amtrak shall ensure that at least 1 Amtrak ticket agent is employed at each station building-- [[Page 135 STAT. 699]] ``(A) that Amtrak owns, or operates service through, as part of a long-distance or Northeast Corridor passenger service route; ``(B) where at least 1 Amtrak ticket agent was employed on or after October 1, 2017; and ``(C) for which an average of 40 passengers boarded or deboarded an Amtrak train per day during all of the days in fiscal year 2017 when the station was serviced by Amtrak, regardless of the number of Amtrak trains servicing the station per day. ``(2) Exception.--Paragraph (1) shall not apply to any station building in which a commuter rail ticket agent has the authority to sell Amtrak tickets.''. SEC. 22204. INCREASING OVERSIGHT OF CHANGES TO AMTRAK LONG- DISTANCE ROUTES AND OTHER INTERCITY SERVICES. (a) Amtrak Annual Operations Report.--Section 24315(a)(1) of title 49, United States Code, is amended-- (1) in subparagraph (G), by striking ``and'' at the end; (2) in subparagraph (H), by adding ``and'' at the end; and (3) by adding at the end the following: ``(I) any change made to a route's or service's frequency or station stops;''. (b) 5-year Business Line Plans.--Section 24320(b)(2) of title 49, United States Code, is amended-- (1) by redesignating subparagraphs (B) through (L) as subparagraphs (C) through (M), respectively; and (2) by inserting after subparagraph (A) the following: ``(B) a detailed description of any plans to permanently change a route's or service's frequency or station stops for the service line;''. SEC. 22205. IMPROVED OVERSIGHT OF AMTRAK ACCOUNTING. Section 24317 of title 49, United States Code, is amended-- (1) in subsection (a)(2), by striking ``and costs among Amtrak business lines'' and inserting ``, including Federal grant funds, and costs among Amtrak service lines''; (2) by amending subsection (b) to read as follows: ``(b) Account Structure.-- ``(1) <<NOTE: Consultation. Updates.>> In general.--The Secretary of Transportation, in consultation with Amtrak, shall define, maintain, and periodically update an account structure and improvements to accounting methodologies, as necessary, to support the Northeast Corridor and the National Network. ``(2) Notification of substantive changes.--The Secretary shall notify the Committee on Commerce, Science, and Transportation of the Senate, the Committee on Appropriations of the Senate, the Committee on Transportation and Infrastructure of the House of Representatives, and the Committee on Appropriations of the House of Representatives regarding any substantive changes made to the account structure, including changes to-- ``(A) the service lines described in section 24320(b)(1); and ``(B) the asset lines described in section 24320(c)(1).''; (3) in subsection (c), in the matter preceding paragraph (1), by inserting ``, maintaining, and updating'' after ``defining''; [[Page 135 STAT. 700]] (4) in subsection (d), in the matter preceding paragraph (1), by inserting ``, maintaining, and updating'' after ``defining''; (5) by amending subsection (e) to read as follows: ``(e) Implementation and Reporting.-- ``(1) <<NOTE: Consultation.>> In general.--Amtrak, in consultation with the Secretary of Transportation, shall maintain and implement any account structures and improvements defined under subsection (b) to enable Amtrak to produce sources and uses statements for each of the service lines described in section 24320(b)(1) and, as appropriate, each of the asset lines described in section 24320(c)(1), that identify sources and uses of revenues, appropriations, and transfers between accounts. ``(2) <<NOTE: Deadline. Time period.>> Updated sources and uses statements.--Not later than 30 days after the implementation of subsection (b), and monthly thereafter, Amtrak shall submit to the Secretary of Transportation updated sources and uses statements for each of the service lines and asset lines referred to in paragraph (1). The Secretary and Amtrak may agree to a different frequency of reporting.''; (6) by striking subsection (h); and (7) by redesignating subsection (i) as subsection (h). SEC. 22206. IMPROVED OVERSIGHT OF AMTRAK SPENDING. (a) Allocation of Costs and Revenues.--Section 24318(a) of title 49, United States Code, is amended by striking ``Not later than 180 days after the date of enactment of the Passenger Rail Reform and Investment Act of 2015,''. (b) Grant Process and Reporting.--Section 24319 of title 49, United States Code, is amended-- (1) in the section heading, by inserting ``and reporting'' after ``process''; (2) by amending subsection (a) to read as follows: ``(a) Procedures for Grant Requests.--The Secretary of Transportation shall-- ``(1) <<NOTE: Requirements. Schedules.>> establish and maintain substantive and procedural requirements, including schedules, for grant requests under this section; and ``(2) <<NOTE: Reports.>> report any changes to such procedures to-- ``(A) the Committee on Commerce, Science, and Transportation of the Senate; ``(B) the Committee on Appropriations of the Senate; ``(C) the Committee on Transportation and Infrastructure of the House of Representatives; and ``(D) the Committee on Appropriations of the House of Representatives.''; (3) in subsection (b), by striking ``grant requests'' and inserting ``a grant request annually, or as additionally required,''; (4) by amending subsection (c) to read as follows: ``(c) Contents.-- ``(1) In general.--Each grant request under subsection (b) shall, as applicable-- ``(A) categorize and identify, by source, the Federal funds and program income that will be used for the upcoming fiscal year for each of the Northeast Corridor and National Network in 1 of the categories or subcategories set forth in paragraph (2); [[Page 135 STAT. 701]] ``(B) describe the operations, services, programs, projects, and other activities to be funded within each of the categories set forth in paragraph (2), including-- ``(i) <<NOTE: Estimates.>> the estimated scope, schedule, and budget necessary to complete each project and program; and ``(ii) the performance measures used to quantify expected and actual project outcomes and benefits, aggregated by fiscal year, project milestone, and any other appropriate grouping; and ``(C) describe the status of efforts to improve Amtrak's safety culture. ``(2) Grant categories.-- ``(A) Operating expenses.--Each grant request to use Federal funds for operating expenses shall-- ``(i) <<NOTE: Cost estimates.>> include estimated net operating costs not covered by other Amtrak revenue sources; ``(ii) specify Federal funding requested for each service line described in section 24320(b)(1); and ``(iii) be itemized by route. ``(B) Debt service.--A grant request to use Federal funds for expenses related to debt, including payment of principle and interest, as allowed under section 205 of the Passenger Rail Investment and Improvement Act of 2008 (Public Law 110-432; 49 U.S.C. 24101 note). ``(C) Capital.--A grant request to use Federal funds and program income for capital expenses shall include capital projects and programs primarily associated with-- ``(i) normalized capital replacement programs, including regularly recurring work programs implemented on a systematic basis on classes of physical railroad assets, such as track, structures, electric traction and power systems, rolling stock, and communications and signal systems, to maintain and sustain the condition and performance of such assets to support continued railroad operations; ``(ii) improvement projects to support service and safety enhancements, including discrete projects implemented in accordance with a fixed scope, schedule, and budget that result in enhanced or new infrastructure, equipment, or facilities; ``(iii) backlog capital replacement projects, including discrete projects implemented in accordance with a fixed scope, schedule, and budget that primarily replace or rehabilitate major infrastructure assets, including tunnels, bridges, stations, and similar assets, to reduce the state of good repair backlog on the Amtrak network; ``(iv) strategic initiative projects, including discrete projects implemented in accordance with a fixed scope, schedule, and budget that primarily improve overall operational performance, lower costs, or otherwise improve Amtrak's corporate efficiency; and ``(v) statutory, regulatory, or other legally mandated projects, including discrete projects implemented in accordance with a fixed scope, schedule, and budget that enable Amtrak to fulfill specific legal or regulatory mandates. [[Page 135 STAT. 702]] ``(D) Contingency.--A grant request to use Federal funds for operating and capital expense contingency shall include-- ``(i) contingency levels for specified activities and operations; and ``(ii) a process for the utilization of such contingency. ``(3) Modification of categories.--The Secretary of Transportation and Amtrak may jointly agree to modify the categories set forth in paragraph (2) if such modifications are necessary to improve the transparency, oversight, or delivery of projects funded through grant requests under this section.''; (5) in subsection (d)(1)(A)-- (A) by inserting ``complete'' after ``submits a''; (B) by striking ``shall complete'' and inserting ``shall finish''; and (C) in clause (ii), by striking ``incomplete or''; (6) in subsection (e)-- (A) in paragraph (1)-- (i) by striking ``and other activities to be funded by the grant'' and inserting ``programs, projects, and other activities to be funded by the grant, consistent with the categories required for Amtrak in a grant request under subsection (c)(1)(A)''; and (ii) by striking ``or activities'' and inserting ``programs, projects, and other activities''; and (B) in paragraph (3)-- (i) by redesignating subparagraphs (A) and (B) as subparagraphs (B) and (C), respectively; and (ii) by inserting before subparagraph (B), as redesignated, the following: ``(A) using an otherwise allowable approach to the method prescribed for a specific project or category of projects under paragraph (2) if the Secretary and Amtrak agree that a different payment method is necessary to more successfully implement and report on an operation, service, program, project, or other activity;''; (7) by redesignating subsection (h) as subsection (j); and (8) by inserting after subsection (g) the following: ``(h) Applicable Laws and Regulations.-- ``(1) Single audit act of 1984.--Notwithstanding section 24301(a)(3) of this title and section 7501(a)(13) of title 31, Amtrak shall be deemed a `non-Federal entity' for purposes of chapter 75 of title 31. ``(2) Regulations and guidance.--The Secretary of Transportation may apply some or all of the requirements set forth in the regulations and guidance promulgated by the Secretary relating to the management, administration, cost principles, and audit requirements for Federal awards. ``(i) <<NOTE: Determination.>> Amtrak Grant Reporting.--The Secretary of Transportation shall determine the varying levels of detail and information that will be included in reports for operations, services, program, projects, program income, cash on hand, and other activities within each of the grant categories described in subsection (c)(2).''. (c) Conforming Amendments.-- (1) Reports and audits.--Section 24315(b)(1) of title 49, United States Code, is amended-- [[Page 135 STAT. 703]] (A) in subparagraph (A), by striking ``the goal of section 24902(b) of this title; and'' and inserting ``the goal described in section 24902(a);''; (B) in subparagraph (B), by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following: ``(C) shall incorporate the category described in section 24319(c)(2)(C).''. (2) Clerical amendment.--The analysis for chapter 243 of title 49, United States Code, <<NOTE: 49 USC 24301 prec.>> is amended by striking the item relating to section 24319 and inserting the following: ``24319. Grant process and reporting.''. SEC. 22207. INCREASING SERVICE LINE AND ASSET LINE PLAN TRANSPARENCY. (a) In General.--Section 24320 of title 49, United States Code, is amended-- (1) in the section heading, by striking ``business line and asset plans'' and inserting ``service line and asset line plans''; (2) in subsection (a)-- (A) in paragraph (1)-- (i) by striking ``of each year'' and inserting ``, 2020, and biennially thereafter''; (ii) by striking ``5-year business line plans and 5-year asset plans'' and inserting ``5-year service line plans and 5-year asset line plans''; and (iii) <<NOTE: Updates.>> by adding at the end the following: ``During each year in which Amtrak is not required to submit a plan under this paragraph, Amtrak shall submit to Congress updated financial sources and uses statements and forecasts with the annual report required under section 24315(b).''; and (B) in paragraph (2), by striking ``asset plan required in'' and inserting ``asset line plan required under''; (3) in subsection (b)-- (A) in the subsection heading, by striking ``Business'' and inserting ``Service''; (B) in paragraph (1)-- (i) in the paragraph heading, by striking ``business'' and inserting ``service''; (ii) by striking ``business'' each place such term appears and inserting ``service''; (iii) by amending subparagraph (B) to read as follows: ``(B) Amtrak State-supported train services.''; (iv) in subparagraph (C), by striking ``routes'' and inserting ``train services''; and (v) by adding at the end the following: ``(E) Infrastructure access services for use of Amtrak-owned or Amtrak-controlled infrastructure and facilities.''; (C) in paragraph (2)-- (i) in the paragraph heading, by striking ``business'' and inserting ``service''; (ii) by striking ``business'' each place such term appears and inserting ``service''; [[Page 135 STAT. 704]] (iii) in subparagraph (A), by striking ``Strategic Plan and 5-year asset plans'' and inserting ``5-year asset line plans''; (iv) in subparagraph (F) (as redesignated by section 22204(b)(1)), by striking ``profit and loss'' and inserting ``sources and uses''; (v) by striking subparagraph (G) (as redesignated by section 22204(b)(1)); (vi) by redesignating subparagraphs (H) through (M) (as redesignated by section 22204(b)(1)) as subparagraphs (G) through (L), respectively; and (vii) by amending subparagraph (I) (as so redesignated) to read as follows: ``(I) financial performance for each route, if deemed applicable by the Secretary, within each service line, including descriptions of the cash operating loss or contribution;''; (D) in paragraph (3)-- (i) in the paragraph heading, by striking ``business'' and inserting ``service''; (ii) by striking ``business'' each place such term appears and inserting ``service''; (iii) by redesignating subparagraphs (A), (B), (C), and (D) as clauses (i), (ii), (iii), and (iv), respectively, and moving such clauses 2 ems to the right; (iv) by inserting before clause (i), as redesignated, the following: ``(A) <<NOTE: Deadline. Consultation.>> not later than 180 days after the date of enactment of the Passenger Rail Expansion and Rail Safety Act of 2021, submit to the Secretary, for approval, a consultation process for the development of each service line plan that requires Amtrak to--''; (v) in subparagraph (A), as amended by clause (iv)-- (I) in clause (iii), as redesignated, by inserting ``and submit the final service line plan required under subsection (a)(1) to the State- Supported Route Committee'' before the semicolon at the end; (II) in clause (iv), as redesignated, by inserting ``and'' after the semicolon at the end; and (III) by adding at the end the following: ``(v) for the infrastructure access service line plan, consult with the Northeast Corridor Commission and other entities, as appropriate, and submit the final asset line plan under subsection (a)(1) to the Northeast Corridor Commission;''; and (vi) by redesignating subparagraphs (E) and (F) as subparagraphs (B) and (C), respectively; (E) by redesignating paragraph (4) as paragraph (5); and (F) by inserting after paragraph (3)(C), as redesignated, the following: ``(4) <<NOTE: Determination.>> 5-year service line plans updates.--Amtrak may modify the content to be included in the service line plans described in paragraph (1), upon the approval of the Secretary, if the Secretary determines that such modifications are necessary to improve the transparency, oversight, and delivery [[Page 135 STAT. 705]] of Amtrak services and the use of Federal funds by Amtrak.''; and (4) in subsection (c)-- (A) in the subsection heading, by inserting ``Line'' after ``Asset''; (B) in paragraph (1)-- (i) in the paragraph heading, by striking ``categories'' and inserting ``lines''; (ii) in the matter preceding subparagraph (A), by striking ``asset plan for each of the following asset categories'' and inserting ``asset line plan for each of the following asset lines''; (iii) by redesignating subparagraphs (A), (B), (C), and (D) as subparagraphs (B), (C), (D), and (E), respectively; (iv) by inserting before subparagraph (B), as redesignated, the following: ``(A) Transportation, including activities and resources associated with the operation and movement of Amtrak trains, onboard services, and amenities.''; (v) in subparagraph (B), as redesignated, by inserting ``and maintenance-of-way equipment'' after ``facilities''; and (vi) in subparagraph (C), as redesignated, by striking ``Passenger rail equipment'' and inserting ``Equipment''; (C) in paragraph (2)-- (i) in the paragraph heading, by inserting ``line'' after ``asset''; (ii) in the matter preceding subparagraph (A), by inserting ``line'' after ``asset''; (iii) in subparagraph (A), by striking ``category'' and inserting ``line''; (iv) in subparagraph (C)(iii)(III), by striking ``and'' at the end; (v) by amending subparagraph (D) to read as follows: ``(D) annual sources and uses statements and forecasts for each asset line; and''; and (vi) by adding at the end the following: ``(E) other elements that Amtrak elects to include.''; (D) in paragraph (3)-- (i) in the paragraph heading, by inserting ``line'' after ``asset''; (ii) by redesignating subparagraphs (A) and (B) as clauses (i) and (ii) and moving such clauses 2 ems to the right; (iii) by inserting before clause (i), as redesignated, the following: ``(A) <<NOTE: Deadline. Consultation.>> not later than 180 days after the date of enactment of the Passenger Rail Expansion and Rail Safety Act of 2021, submit to the Secretary, for approval, a consultation process for the development of each asset line plan that requires Amtrak to--''; (iv) in subparagraph (A), as added by clause (iii)-- (I) in clause (i), as redesignated-- [[Page 135 STAT. 706]] (aa) by striking ``business'' each place such term appears and inserting ``service''; (bb) by inserting ``line'' after ``asset'' each place such term appears; and (cc) by adding ``and'' at the end; and (II) in clause (ii), as redesignated-- (aa) by inserting ``consult with the Secretary of Transportation in the development of asset line plans and,'' before ``as applicable''; and (bb) by inserting ``line'' after ``5-year asset''; (v) by redesignating subparagraph (C) as subparagraph (B); and (vi) in subparagraph (B), as redesignated, by striking ``category'' and inserting ``line''; (E) by redesignating paragraphs (4), (5), (6), and (7) as paragraphs (5), (6), (7), and (8), respectively; (F) by inserting after paragraph (3) the following: ``(4) <<NOTE: Determination.>> 5-year asset line plan updates.--Amtrak may modify the content to be included in the asset line plans described in paragraph (1), on approval of the Secretary, if the Secretary determines that such modifications are necessary to improve the transparency, oversight, and delivery of Amtrak services and the use of Federal funds by Amtrak.''; (G) in paragraph (5)(A), as redesignated, by inserting ``, but shall not include corporate services (as defined pursuant to section 24317(b))'' after ``national assets''; and (H) in paragraph (7), as redesignated, by striking ``paragraph (4)'' and inserting ``paragraph (5)''. (b) Clerical Amendment.--The analysis for chapter 243 of title 49, United States Code, <<NOTE: 49 USC 24301 prec.>> is amended by striking the item relating to section 24320 and inserting the following: ``24320. Amtrak 5-year service line and asset line plans.''. (c) Effective Dates.--Section 11203(b) of the Passenger Rail Reform and Investment Act of 2015 (49 U.S.C. 24320 note) is amended-- (1) by striking ``business'' each place such term appears and inserting ``service''; and (2) by inserting ``line'' after ``asset'' each place such term appears. SEC. 22208. PASSENGER EXPERIENCE ENHANCEMENT. (a) In General.--Section 24305(c)(4) of title 49, United States Code, is amended by striking ``only if revenues from the services each year at least equal the cost of providing the services''. (b) Food and Beverage Service Working Group.-- (1) In general.--Section 24321 of title 49, United States Code, is amended to read as follows: ``Sec. 24321. Food and beverage service ``(a) Working Group.-- ``(1) <<NOTE: Deadline.>> Establishment.--Not later than 180 days after enactment of the Passenger Rail Expansion and Rail Safety Act of 2021, Amtrak shall establish a working group to provide recommendations to improve Amtrak's onboard food and beverage service. [[Page 135 STAT. 707]] ``(2) Membership.--The working group shall consist of individuals representing-- ``(A) Amtrak; ``(B) the labor organizations representing Amtrak employees who prepare or provide on-board food and beverage service; ``(C) nonprofit organizations representing Amtrak passengers; and ``(D) States that are providing funding for State- supported routes. ``(b) <<NOTE: Recommenda- tions.>> Report.--Not later than 1 year after the establishment of the working group pursuant to subsection (a), the working group shall submit a report to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives containing recommendations for improving Amtrak's food and beverage service, including-- ``(1) ways to improve the financial performance of Amtrak; ``(2) ways to increase and retain ridership; ``(3) the differing needs of passengers traveling on long- distance routes, State supported routes, and the Northeast Corridor; ``(4) Amtrak passenger survey data about the food and beverages offered on Amtrak trains; ``(5) ways to incorporate local food and beverage items on State-supported routes; and ``(6) any other issue that the working group determines to be appropriate. ``(c) <<NOTE: Deadline. Plan.>> Implementation.--Not later than 180 days after the submission of the report pursuant to subsection (b), Amtrak shall submit a plan for implementing the recommendations of the working group, and an explanation for any of the working group's recommendations it does not agree with and does not plan on implementing to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives. ``(d) Savings Clause.--Amtrak shall ensure that no Amtrak employee who held a position on a long-distance or Northeast Corridor route as of the date of enactment of the Passenger Rail Expansion and Rail Safety Act of 2021, is involuntarily separated because of the development and implementation of the plan required under this section.''. (2) Clerical amendment.--The analysis for chapter 243 of title 49, United States Code, <<NOTE: 49 USC 24301 prec.>> is amended by striking the item relating to section 24321 and inserting the following: ``24321. Food and beverage service.''. SEC. 22209. AMTRAK SMOKING POLICY. (a) In General.--Chapter 243 of title 49, United States Code, is amended by adding at the end the following: ``Sec. 24323. <<NOTE: 49 USC 24323.>> Prohibition on smoking on Amtrak trains ``(a) <<NOTE: 49 USC 24323.>> Prohibition.--Beginning on the date of enactment of this section, Amtrak shall prohibit smoking, including the use of electronic cigarettes, onboard all Amtrak trains. ``(b) Electronic Cigarette Defined.--In this section, the term `electronic cigarette' means a device that delivers nicotine or other [[Page 135 STAT. 708]] substances to a user of the device in the form of a vapor that is inhaled to simulate the experience of smoking.''. (b) Clerical Amendment.--The analysis for chapter 243 of title 49, United States Code, <<NOTE: 49 USC 24301 prec.>> is amended by adding at the end the following: ``24323. Prohibition on smoking on Amtrak trains.''. SEC. 22210. PROTECTING AMTRAK ROUTES THROUGH RURAL COMMUNITIES. Section 24706 of title 49, United States Code, is amended-- (1) in subsection (a), by striking ``subsection (b) of this section, at least 180 days'' and inserting ``subsection (c), not later than 180 days''; (2) by redesignating subsections (b) and (c) as subsections (c) and (e), respectively; (3) by inserting after subsection (a) the following: ``(b) Discontinuance or Substantial Alteration of Long-distance Routes.--Except as provided in subsection (c), in an emergency, or during maintenance or construction outages impacting Amtrak routes, Amtrak may not discontinue, reduce the frequency of, suspend, or substantially alter the route of rail service on any segment of any long-distance route in any fiscal year in which Amtrak receives adequate Federal funding for such route on the National Network.''; and (4) by inserting after subsection (c), as redesignated, the following: ``(d) Congressional Notification of Discontinuance.-- Except <<NOTE: Deadline.>> as provided in subsection (c), not later than 210 days before discontinuing service over a route, Amtrak shall give written notice of such discontinuance to all of the members of Congress representing any State or district in which the discontinuance would occur.''. SEC. 22211. STATE-SUPPORTED ROUTE COMMITTEE. (a) State-Supported Route Committee.--Section 24712(a) of title 49, United States Code, is amended-- (1) in paragraph (1)-- (A) by striking ``Not later than 180 days after the date of enactment of the Passenger Rail Reform and Investment Act of 2015, the Secretary of Transportation shall establish'' and inserting ``There is established''; and (B) by inserting ``current and future'' before ``rail operations''; (2) by redesignating paragraphs (4), (5), and (6) as paragraphs (5), (6), and (7), respectively; (3) by inserting after paragraph (3) the following: ``(4) Ability to conduct certain business.--If all of the members of 1 voting bloc described in paragraph (3) abstain from a Committee decision, agreement between the other 2 voting blocs consistent with the procedures set forth in such paragraph shall be deemed sufficient for purpose of achieving unanimous consent.''; (4) in paragraph (5), as redesignated, in the matter preceding subparagraph (A)-- (A) by striking ``convene a meeting and shall define and implement'' and inserting ``define and periodically update''; and [[Page 135 STAT. 709]] (B) by striking ``not later than 180 days after the date of establishment of the Committee by the Secretary''; and (5) in paragraph (7), as redesignated-- (A) in the paragraph heading, by striking ``allocation methodology'' and inserting ``methodology policy''; (B) in subparagraph (A), by striking ``allocation methodology'' and inserting ``methodology policy''; (C) by amending subparagraph (B) to read as follows: ``(B) Revisions to cost methodology policy.-- ``(i) <<NOTE: Deadline.>> Requirement to revise and update.--Subject to rules and procedures established pursuant to clause (iii), not later than March 31, 2022, the Committee shall revise and update the cost methodology policy required and previously approved under section 209 of the Passenger Rail Investment and Improvement Act of 2008 (49 U.S.C. 20901 note) <<NOTE: Time period.>> . The Committee shall implement a revised cost methodology policy during fiscal year 2023. <<NOTE: Reports. Plans.>> Not later than 30 days after the adoption of the revised cost methodology policy, the Committee shall submit a report documenting and explaining any changes to the cost methodology policy and plans for implementation of such policy, including a description of the improvements to the accounting information provided by Amtrak to the States, to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives. The revised cost methodology policy shall ensure that States will be responsible for costs attributable to the provision of service for their routes. ``(ii) Implementation impacts on federal funding.--To the extent that a revision developed pursuant to clause (i) assigns to Amtrak costs that were previously allocated to States, Amtrak shall request with specificity such additional funding in the general and legislative annual report required under section 24315 or in any appropriate subsequent Federal funding request for the fiscal year in which the revised cost methodology policy will be implemented. ``(iii) Procedures for changing methodology.-- Notwithstanding section 209(b) of the Passenger Rail Investment and Improvement Act of 2008 (49 U.S.C. 20901 note), the rules and procedures implemented pursuant to paragraph (5) shall include-- ``(I) procedures for changing the cost methodology policy in accordance with clause (i); and ``(II) procedures or broad guidelines for conducting financial planning, including operating and capital forecasting, reporting, data sharing, and governance.''; (D) in subparagraph (C)-- (i) in the matter preceding clause (i), by striking ``allocation methodology'' and inserting ``methodology policy''; (ii) in clause (i), by striking ``and'' at the end; (iii) in clause (ii)-- [[Page 135 STAT. 710]] (I) by striking ``allocate'' and inserting ``assign''; and (II) by striking the period and inserting ``; and''; and (iv) by adding at the end the following: ``(iii) promote increased efficiency in Amtrak's operating and capital activities.''; and (E) by adding at the end the following: ``(D) <<NOTE: Deadlines. Determination. Compliance.>> Independent evaluation.--Not later than March 31 of each year, the Committee shall ensure that an independent entity selected by the Committee has completed an evaluation to determine whether State payments for the most recently concluded fiscal year are accurate and comply with the applicable cost allocation methodology.''. (b) Invoices and Reports.--Section 24712(b) of title 49, United States Code, is amended to read as follows: ``(b) Invoices and Reports.-- ``(1) <<NOTE: Time period.>> Invoices.--Amtrak shall provide monthly invoices to the Committee and to each State that sponsors a State-supported route that identify the operating costs for such route, including fixed costs and third-party costs. ``(2) Reports.-- ``(A) <<NOTE: Determination.>> In general.--The Committee shall determine the frequency and contents of-- ``(i) the financial and performance reports that Amtrak is required to provide to the Committee and the States; and ``(ii) the planning and demand reports that the States are required to provide to the Committee and Amtrak. ``(B) Monthly statistical report.-- ``(i) Development.--Consistent with the revisions to the policy required under subsection (a)(7)(B), the Committee shall develop a report that contains the general ledger data and operating statistics from Amtrak's accounting systems used to calculate payments to States. ``(ii) <<NOTE: Deadlines.>> Provision of necessary data.--Not later than 30 days after the last day of each month, Amtrak shall provide to the States and to the Committee the necessary data to complete the report developed pursuant to clause (i) for such month.''. (c) Dispute Resolution.--Section 24712(c) of title 49, United States Code, is amended-- (1) in paragraph (1)-- (A) by striking ``(a)(4)'' and inserting ``(a)(5)''; and (B) by striking ``(a)(6)'' and inserting ``(a)(7)''; and (2) in paragraph (4), by inserting ``related to a State- supported route that a State sponsors that is'' after ``amount''. (d) Performance Metrics.--Section 24712(e) of title 49, United States Code, is amended by inserting ``, including incentives to increase revenue, reduce costs, finalize contracts by the beginning of the fiscal year, and require States to promptly make payments for services delivered'' before the period at the end. (e) Statement of Goals and Objectives.--Section 24712(f) of title 49, United States Code, is amended-- [[Page 135 STAT. 711]] (1) in paragraph (1), by inserting ``, and review and update, as necessary,'' after ``shall develop''; (2) in paragraph (2), by striking ``Not later than 2 years after the date of enactment of the Passenger Rail Reform and Investment Act of 2015, the Committee shall transmit the statement'' and inserting ``As applicable, based on updates, the Committee shall submit an updated statement''; and (3) by adding at the end the following: ``(3) Sense of congress.--It is the sense of Congress that-- ``(A) the Committee shall be the forum where Amtrak and the States collaborate on the planning, improvement, and development of corridor routes across the National Network; and ``(B) such collaboration should include regular consultation with interstate rail compact parties and other regional planning organizations that address passenger rail.''. (f) Other Reforms Related to State-supported Routes.--Section 24712 of title 49, United States Code, as amended by subsections (a) through (e), is further amended-- (1) by redesignating subsections (g) and (h) as subsections (k) and (l), respectively; and (2) by inserting after subsection (f) the following: ``(g) New State-supported Routes.-- ``(1) Consultation.--In developing a new State-supported route, Amtrak shall consult with-- ``(A) the State or States and local municipalities through which such new service would operate; ``(B) commuter authorities and regional transportation authorities in the areas that would be served by the planned route; ``(C) host railroads; ``(D) the Administrator of the Federal Railroad Administration; and ``(E) other stakeholders, as appropriate. ``(2) <<NOTE: Memorandums.>> State commitments.-- Notwithstanding any other provision of law, before beginning construction necessary for, or beginning operation of, a State- supported route that is initiated on or after the date of enactment of the Passenger Rail Expansion and Rail Safety Act of 2021, Amtrak shall enter into a memorandum of understanding, or otherwise secure an agreement, with each State that would be providing funding for such route for sharing-- ``(A) ongoing operating costs and capital costs in accordance with the cost methodology policy referred to in subsection (a)(7) then in effect; or ``(B) ongoing operating costs and capital costs in accordance with the maximum funding limitations described in section 22908(e). ``(3) Application of terms.--In this subsection, the terms `capital costs' and `operating costs' shall apply in the same manner as such terms apply under the cost methodology policy developed pursuant to subsection (a)(7). ``(h) Cost Methodology Policy Update Implementation Report. <<NOTE: Assessment.>> --Not later than 18 months after the updated cost methodology policy required under subsection (a)(7)(B) is implemented, [[Page 135 STAT. 712]] the Committee shall submit a report to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives that assesses the implementation of the updated policy. ``(i) Identification of State-supported Route Changes.--Amtrak shall-- ``(1) <<NOTE: Deadline. Consultation.>> not later than 120 days before the submission of the general and legislative annual report required under section 24315(b), consult with the Committee and any additional States through which a State- supported route may operate regarding any proposed changes to such route; and ``(2) <<NOTE: Update.>> include in such report an update of any planned or proposed changes to State-supported routes, including the introduction of new State-supported routes, including-- ``(A) the timeframe in which such changes would take effect; and ``(B) whether Amtrak has entered into commitments with the affected States pursuant subsection (g)(2). ``(j) <<NOTE: Reports.>> Economic Analysis.--Not later than 3 years after the date of enactment of the Passenger Rail Expansion and Rail Safety Act of 2021, the Committee shall submit a report to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives that-- ``(1) describes the role of the State-supported routes in economic development; and ``(2) <<NOTE: Examination.>> examines the impacts of the State-supported routes on local station areas, job creation, transportation efficiency, State economies, and the national economy.''. SEC. 22212. ENHANCING CROSS BORDER SERVICE. (a) <<NOTE: Consultation. Reports. Canada.>> In General.--Not later than 1 year after the date of enactment of this Act, Amtrak, after consultation with the Secretary, the Secretary of Homeland Security, relevant State departments of transportation, Canadian governmental agencies and entities, and owners of the relevant rail infrastructure and facilities, shall submit a report to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives regarding enhancing Amtrak passenger rail service between the United States and Canada that-- (1) identifies challenges to Amtrak operations in Canada, including delays associated with custom and immigration inspections in both the United States and Canada; and (2) <<NOTE: Recommenda- tions.>> includes recommendations to improve such cross border service, including the feasibility of and costs associated with a preclearance facility or facilities. (b) <<NOTE: Determination.>> Assistance and Support.--The Secretary, the Secretary of State, and the Secretary of Homeland Security may provide assistance and support requested by Amtrak that is necessary to carry out this section, as determined appropriate by the respective Secretary. SEC. 22213. CREATING QUALITY JOBS. Section 121 of the Amtrak Reform and Accountability Act of 1997 (49 U.S.C. 24312 note) is amended-- (1) by redesignating subsection (d) as subsection (f); and (2) by inserting after subsection (c) the following: [[Page 135 STAT. 713]] ``(d) Furloughed Work.--Amtrak may not contract out work within the classification of work performed by an employee in a bargaining unit covered by a collective bargaining agreement entered into between Amtrak and an organization representing Amtrak employees during the period such employee has been laid off and has not been recalled to perform such work. ``(e) Agreement Prohibitions on Contracting Out.--This section does not-- ``(1) supersede a prohibition or limitation on contracting out work covered by an agreement entered into between Amtrak and an organization representing Amtrak employees; or ``(2) prohibit Amtrak and an organization representing Amtrak employees from entering into an agreement that allows for contracting out the work of a furloughed employee that would otherwise be prohibited under subsection (d).''. SEC. 22214. <<NOTE: Evaluations.>> AMTRAK DAILY LONG-DISTANCE SERVICE STUDY. (a) In General.--The Secretary shall conduct a study to evaluate the restoration of daily intercity rail passenger service along-- (1) any Amtrak long-distance routes that, as of the date of enactment of this Act, were discontinued; and (2) any Amtrak long-distance routes that, as of the date of enactment of this Act, occur on a nondaily basis. (b) Inclusions.--The study under subsection (a) shall-- (1) evaluate all options for restoring or enhancing to daily-basis intercity rail passenger service along each Amtrak route described in that subsection; (2) select a preferred option for restoring or enhancing the service described in paragraph (1); (3) <<NOTE: Cost estimates.>> develop a prioritized inventory of capital projects and other actions that are required to restore or enhance the service described in paragraph (1), including cost estimates for those projects and actions; (4) <<NOTE: Recommenda- tions.>> develop recommendations for methods by which Amtrak could work with local communities and organizations to develop activities and programs to continuously improve public use of intercity passenger rail service along each route; and (5) identify Federal and non-Federal funding sources required to restore or enhance the service described in paragraph (1), including-- (A) increased Federal funding for Amtrak based on applicable reductions or discontinuations in service; and (B) options for entering into public-private partnerships to restore that service. (c) Other Factors When Considering Expansions.--In evaluating intercity passenger rail routes under this section, the Secretary may evaluate potential new Amtrak long-distance routes, including with specific attention provided to routes in service as of April 1971 but not continued by Amtrak, taking into consideration whether those new routes would-- (1) link and serve large and small communities as part of a regional rail network; (2) advance the economic and social well-being of rural areas of the United States; (3) provide enhanced connectivity for the national long- distance passenger rail system; and [[Page 135 STAT. 714]] (4) reflect public engagement and local and regional support for restored passenger rail service. (d) <<NOTE: Determination.>> Consultation.--In conducting the study under this section, the Secretary shall consult, through working groups or other forums as the Secretary determines to be appropriate, with-- (1) Amtrak; (2) each State along a relevant route; (3) regional transportation planning organizations and metropolitan planning organizations, municipalities, and communities along those relevant routes, to be selected by the Secretary; (4) host railroad carriers the tracks of which may be used for a service described in subsection (a); (5) organizations representing onboard Amtrak employees; (6) nonprofit organizations representing Amtrak passengers; (7) relevant regional passenger rail authorities and federally recognized Indian Tribes; and (8) such other entities as the Secretary may select. (e) Report.--Not later than 2 years after the date of enactment of this Act, the Secretary shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report that includes-- (1) the preferred options selected under subsection (b)(2), including the reasons for selecting each option; (2) the information described in subsection (b)(3); (3) the funding sources identified pursuant to subsection (b)(5); (4) <<NOTE: Cost estimates.>> the estimated costs and public benefits of restoring or enhancing intercity rail passenger transportation in the region impacted for each relevant Amtrak route; and (5) <<NOTE: Determination.>> any other information the Secretary determines to be appropriate. (f) Funding.--There are authorized to be appropriated to the Secretary to conduct the study under this section and to carry out the consultations required by subsection (d)-- (1) $7,500,000 for fiscal year 2022; and (2) $7,500,000 for fiscal year 2023. Subtitle C--Intercity Passenger Rail Policy SEC. 22301. NORTHEAST CORRIDOR PLANNING. Section 24904 of title 49, United States Code, is amended-- (1) by striking subsections (a) and (d); (2) by redesignating subsections (b) and (c) as subsections (c) and (d), respectively; (3) by inserting before subsection (c), as redesignated, the following: ``(a) Northeast Corridor Service Development Plan.-- ``(1) <<NOTE: Deadline.>> In general.--Not later than March 31, 2022, the Northeast Corridor Commission established under section 24905 (referred to in this section as the `Commission') shall submit a service development plan to Congress. ``(2) <<NOTE: Stratagies.>> Contents.--The plan required under paragraph (1) shall-- [[Page 135 STAT. 715]] ``(A) identify key state-of-good-repair, capacity expansion, and capital improvement projects planned for the Northeast Corridor; ``(B) <<NOTE: Time period.>> provide a coordinated and consensus-based plan covering a 15-year period; ``(C) identify service objectives and the capital investments required to meet such objectives; ``(D) provide a delivery-constrained strategy that identifies-- ``(i) capital investment phasing; ``(ii) <<NOTE: Evaluation.>> an evaluation of workforce needs; and ``(iii) strategies for managing resources and mitigating construction impacts on operations; and ``(E) include a financial strategy that identifies funding needs and potential funding sources. ``(3) <<NOTE: Time period.>> Updates.--The Commission shall update the service development plan not less frequently than once every 5 years. ``(b) Northeast Corridor Capital Investment Plan.-- ``(1) <<NOTE: Deadlines.>> In general.--Not later than November 1 of each year, the Commission shall-- ``(A) develop an annual capital investment plan for the Northeast Corridor; and ``(B) submit the capital investment plan to-- ``(i) the Secretary of Transportation; ``(ii) the Committee on Commerce, Science, and Transportation of the Senate; and ``(iii) the Committee on Transportation and Infrastructure of the House of Representatives. ``(2) Contents.--The plan required under paragraph (1) shall-- ``(A) reflect coordination across the entire Northeast Corridor; ``(B) integrate the individual capital plans developed by Amtrak, States, and commuter authorities in accordance with the cost allocation policy developed and approved under section 24905(c); ``(C) <<NOTE: Time period.>> cover a period of 5 fiscal years, beginning with the fiscal year during which the plan is submitted; ``(D) notwithstanding section 24902(b), document the projects and programs being undertaken to advance the service objectives and capital investments identified in the Northeast Corridor service development plan developed under subsection (a), and the asset condition needs identified in the Northeast Corridor asset management plans, after considering-- ``(i) the benefits and costs of capital investments in the plan; ``(ii) project and program readiness; ``(iii) the operational impacts; and ``(iv) Federal and non-Federal funding availability; ``(E) categorize capital projects and programs as primarily associated with 1 of the categories listed under section 24319(c)(2)(C); ``(F) identify capital projects and programs that are associated with more than 1 category described in subparagraph (E); and ``(G) include a financial plan that identifies-- [[Page 135 STAT. 716]] ``(i) funding sources and financing methods; ``(ii) the status of cost sharing agreements pursuant to the cost allocation policy developed under section 24905(c); ``(iii) the projects and programs that the Commission expects will receive Federal financial assistance; and ``(iv) the eligible entity or entities that the Commission expects-- ``(I) to receive the Federal financial assistance referred to in clause (iii); and ``(II) to implement each capital project. ``(3) <<NOTE: Requirements.>> Review and coordination.--The Commission shall require that the information described in paragraph (2) be submitted in a timely manner to allow for a reasonable period of review by, and coordination with, affected agencies before the Commission submits the capital investment plan pursuant to paragraph (1).''; (4) in subsection (c), as redesignated, by striking ``spent only on--'' and all that follows and inserting ``spent only on capital projects and programs contained in the Commission's capital investment plan for the prior fiscal year.''; and (5) by amending subsection (d), as redesignated, to read as follows: ``(d) Northeast Corridor Capital Asset Management System.-- ``(1) <<NOTE: Update.>> In general.--Amtrak and other infrastructure owners that provide or support intercity rail passenger transportation along the Northeast Corridor shall develop an asset management system and use and update such system, as necessary, to develop submissions to the Northeast Corridor capital investment plan described in subsection (b). ``(2) Features.--The system required under paragraph (1) shall develop submissions that-- ``(A) are consistent with the transit asset management system (as defined in section 5326(a)(3)); and ``(B) include-- ``(i) <<NOTE: Inventory.>> an inventory of all capital assets owned by the developer of the plan; ``(ii) <<NOTE: Assessment.>> an assessment of condition of such capital assets; ``(iii) a description of the resources and processes that will be necessary to bring or to maintain such capital assets in a state of good repair; and ``(iv) a description of changes in the condition of such capital assets since the submission of the prior version of the plan.''. SEC. 22302. NORTHEAST CORRIDOR COMMISSION. Section 24905 of title 49, United States Code, is amended-- (1) in subsection (a)(1)(D), by inserting ``authorities'' after ``carriers''; (2) in subsection (b)(3)(B)-- (A) in clause (i)-- (i) by inserting ``, including ridership trends,'' after ``transportation''; and (ii) by striking ``and'' at the end; [[Page 135 STAT. 717]] (B) in clause (ii)-- (i) by inserting ``first year of the'' after ``the delivery of the''; and (ii) by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following: ``(iii) progress in assessing and eliminating the state-of-good-repair backlog.''; (3) in subsection (c)-- (A) in paragraph (1)-- (i) in the paragraph heading, by striking ``Development of policy'' and inserting ``Policy''; (ii) in subparagraph (A), by striking ``develop a standardized policy'' and inserting ``develop and maintain the standardized policy first approved on September 17, 2015, and update, as appropriate,''; (iii) by amending subparagraph (B) to read as follows: ``(B) develop timetables for implementing and maintaining the policy;''; (iv) in subparagraph (C), by striking ``the policy and the timetable'' and inserting ``updates to the policy and timetables''; and (v) by amending subparagraph (D) to read as follows: ``(D) support the efforts of the members of the Commission to implement the policy in accordance with the timetables developed pursuant to subparagraph (B);''; (B) by amending paragraph (2) to read as follows: ``(2) Implementation.-- ``(A) In general.--In accordance with the timetables developed pursuant to paragraph (1)(B), Amtrak and commuter authorities on the Northeast Corridor shall implement the policy developed under paragraph (1) in their agreements for usage of facilities or services. ``(B) Effect of failure to implement or comply with policy.--If the entities referred to in subparagraph (A) fail to implement the policy in accordance with paragraph (1)(D) or fail to comply with the policy thereafter, the Surface Transportation Board shall-- ``(i) <<NOTE: Determination.>> determine the appropriate compensation in accordance with the procedures and procedural schedule applicable to a proceeding under section 24903(c), after taking into consideration the policy developed under paragraph (1); and ``(ii) <<NOTE: Enforcement.>> enforce its determination on the party or parties involved.''; and (C) in paragraph (4), by striking ``public authorities providing commuter rail passenger transportation'' and inserting ``commuter authorities''; and (4) in subsection (d)-- (A) by striking ``2016 through 2020'' and inserting ``2022 through 2026''; and (B) by striking ``section 11101(g) of the Passenger Rail Reform and Investment Act of 2015'' and inserting ``section 22101(e) of the Passenger Rail Expansion and Rail Safety Act of 2021''. [[Page 135 STAT. 718]] SEC. 22303. CONSOLIDATED RAIL INFRASTRUCTURE AND SAFETY IMPROVEMENTS. (a) In General.--Section 22907 of title 49, United States Code, is amended-- (1) in subsection (b)-- (A) in paragraph (1), by inserting ``(including the District of Columbia)'' after ``State''; (B) in paragraph (6), by inserting ``rail carrier and intercity rail passenger transportation are'' before ``defined''; (C) by redesignating paragraphs (8) through (11) as paragraphs (10) through (13), respectively; and (D) by inserting after paragraph (7) the following: ``(8) An association representing 1 or more railroads described in paragraph (7).''; ``(9) A federally recognized Indian Tribe.''; (2) in subsection (c)-- (A) in paragraph (3), by adding ``or safety'' after ``congestion''; (B) in paragraph (6), by striking ``and'' and inserting ``or''; (C) by redesignating paragraphs (11) and (12) as paragraphs (12) and (13), respectively; (D) by inserting after paragraph (10) the following: ``(11) The development and implementation of measures to prevent trespassing and reduce associated injuries and fatalities.''; and (E) by inserting after paragraph (13), as redesignated, the following: ``(14) Research, development, and testing to advance and facilitate innovative rail projects, including projects using electromagnetic guideways in an enclosure in a very low-pressure environment. ``(15) The preparation of emergency plans for communities through which hazardous materials are transported by rail. ``(16) Rehabilitating, remanufacturing, procuring, or overhauling locomotives, provided that such activities result in a significant reduction of emissions.''; and (3) in subsection (h), by adding at the end the following: ``(4) Grade crossing and trespassing projects.--Applicants may use costs incurred previously for preliminary engineering associated with highway-rail grade crossing improvement projects under subsection (c)(5) and trespassing prevention projects under subsection (c)(11) to satisfy the non-Federal share requirements.''. (b) <<NOTE: 49 USC 22907 note.>> Rule of Construction.--The amendments made by subsection (a) may not be construed to affect any grant, including any application for a grant, made under section 22907 of title 49, United States Code, before the date of enactment of this Act. (c) Technical Correction.-- (1) In general.--Section 22907(l)(1)(A) of title 49, United States Code, is amended by inserting ``, including highway construction over rail facilities as an alternative to construction or improvement of a highway-rail grade crossing,'' after ``under chapter 227''. (2) <<NOTE: 49 USC 22907 note.>> Applicability.--The amendment made by paragraph (1) shall apply to amounts remaining under section 22907(l) [[Page 135 STAT. 719]] of title 49, United States Code, from appropriations for prior fiscal years. SEC. 22304. RESTORATION AND ENHANCEMENT GRANTS. Section 22908 of title 49, United States Code, is amended-- (1) by amending subsection (a) to read as follows: ``(a) Definitions.--In this section: ``(1) Applicant.--Notwithstanding section 22901(1), the term `applicant' means-- ``(A) a State, including the District of Columbia; ``(B) a group of States; ``(C) an entity implementing an interstate compact; ``(D) a public agency or publicly chartered authority established by 1 or more States; ``(E) a political subdivision of a State; ``(F) a federally recognized Indian Tribe; ``(G) Amtrak or another rail carrier that provides intercity rail passenger transportation; ``(H) any rail carrier in partnership with at least 1 of the entities described in subparagraphs (A) through (F); and ``(I) any combination of the entities described in subparagraphs (A) through (F). ``(2) Operating assistance.--The term `operating assistance', with respect to any route subject to section 209 of the Passenger Rail Investment and Improvement Act of 2008 (Public Law 110-432), means any cost allocated, or that may be allocated, to a route pursuant to the cost methodology established under such section or under section 24712.''; (2) in subsection (c)(3), by striking ``3 years'' each place such term appears and inserting ``6 years''; (3) in subsection (d)-- (A) in paragraph (8), by striking ``and''; (B) in paragraph (9), by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following: ``(10) for routes selected under the Corridor Identification and Development Program and operated by Amtrak.''; and (4) in subsection (e)-- (A) in paragraph (1)-- (i) by striking ``assistance''; and (ii) by striking ``3 years'' and inserting ``6 years (including for any such routes selected for funding before the date of enactment of the Passenger Rail Expansion and Rail Safety Act of 2021)''; and (B) in paragraph (3), by striking subparagraphs (A), (B), and (C) and inserting the following: ``(A) 90 percent of the projected net operating costs for the first year of service; ``(B) 80 percent of the projected net operating costs for the second year of service; ``(C) 70 percent of the projected net operating costs for the third year of service; ``(D) 60 percent of the projected net operating costs for the fourth year of service; ``(E) 50 percent of the projected net operating costs for the fifth year of service; and [[Page 135 STAT. 720]] ``(F) 30 percent of the projected net operating costs for the sixth year of service.''. SEC. 22305. RAILROAD CROSSING ELIMINATION PROGRAM. (a) In General.--Chapter 229 of title 49, United States Code, is amended by adding at the end the following: ``Sec. 22909. <<NOTE: Grants. 49 USC 22909.>> Railroad Crossing Elimination Program ``(a) In General.--The Secretary of Transportation, in cooperation with the Administrator of the Federal Railroad Administration, shall establish a competitive grant program (referred to in this section as the `Program') under which the Secretary shall award grants to eligible recipients described in subsection (c) for highway-rail or pathway-rail grade crossing improvement projects that focus on improving the safety and mobility of people and goods. ``(b) Goals.--The goals of the Program are-- ``(1) to eliminate highway-rail grade crossings that are frequently blocked by trains; ``(2) to improve the health and safety of communities; ``(3) to reduce the impacts that freight movement and railroad operations may have on underserved communities; and ``(4) to improve the mobility of people and goods. ``(c) Eligible Recipients.--The following entities are eligible to receive a grant under this section: ``(1) A State, including the District of Columbia, Puerto Rico, and other United States territories and possessions. ``(2) A political subdivision of a State. ``(3) A federally recognized Indian Tribe. ``(4) A unit of local government or a group of local governments. ``(5) A public port authority. ``(6) A metropolitan planning organization. ``(7) A group of entities described in any of paragraphs (1) through (6). ``(d) Eligible Projects.--The Secretary may award a grant under the Program for a highway-rail or pathway-rail grade crossing improvement project (including acquiring real property interests) involving-- ``(1) grade separation or closure, including through the use of a bridge, embankment, tunnel, or combination thereof; ``(2) track relocation; ``(3) the improvement or installation of protective devices, signals, signs, or other measures to improve safety, provided that such activities are related to a separation or relocation project described in paragraph (1) or (2); ``(4) other means to improve the safety and mobility of people and goods at highway-rail grade crossings (including technological solutions); ``(5) a group of related projects described in paragraphs (1) through (4) that would collectively improve the mobility of people and goods; or ``(6) the planning, environmental review, and design of an eligible project described in paragraphs (1) through (5). ``(e) Application Process.-- ``(1) In general.--An eligible entity seeking a grant under the Program shall submit an application to the Secretary at [[Page 135 STAT. 721]] such time, in such manner, and containing such information as the Secretary may require. ``(2) Railroad approvals.-- ``(A) <<NOTE: Requirements.>> In general.--Except as provided in subparagraph (B), the Secretary shall require applicants to obtain the necessary approvals from any impacted rail carriers or real property owners before proceeding with the construction of a project funded by a grant under the Program. ``(B) Exception.--The requirement under subparagraph (A) shall not apply to planning projects described in subsection (d)(6) if the applicant agrees to work collaboratively with rail carriers and right-of-way owners. ``(f) Project Selection Criteria.-- ``(1) <<NOTE: Evaluation.>> In general.--In awarding grants under the Program, the Secretary shall evaluate the extent to which proposed projects would-- ``(A) improve safety at highway-rail or pathway-rail grade crossings; ``(B) grade separate, eliminate, or close highway- rail or pathway-rail grade crossings; ``(C) improve the mobility of people and goods; ``(D) reduce emissions, protect the environment, and provide community benefits, including noise reduction; ``(E) improve access to emergency services; ``(F) provide economic benefits; and ``(G) improve access to communities separated by rail crossings. ``(2) Additional considerations.--In awarding grants under the Program, the Secretary shall consider-- ``(A) the degree to which the proposed project will use-- ``(i) innovative technologies; ``(ii) innovative design and construction techniques; or ``(iii) construction materials that reduce greenhouse gas emissions; ``(B) the applicant's planned use of contracting incentives to employ local labor, to the extent permissible under Federal law; ``(C) whether the proposed project will improve the mobility of-- ``(i) multiple modes of transportation, including ingress and egress from freight facilities; or ``(ii) users of nonvehicular modes of transportation, such as pedestrians, bicyclists, and public transportation; ``(D) whether the proposed project is identified in-- ``(i) the freight investment plan component of a State freight plan, as required under section 70202(b)(9); ``(ii) a State rail plan prepared in accordance with chapter 227; or ``(iii) a State highway-rail grade crossing action plan, as required under section 11401(b) of the Passenger Rail Reform and Investment Act of 2015 (title XI of Public Law 114-94); and ``(E) the level of financial support provided by impacted rail carriers. [[Page 135 STAT. 722]] ``(3) <<NOTE: Compliance.>> Award distribution.--In selecting grants for Program funds in any fiscal year, the Secretary shall comply with the following limitations: ``(A) Grant funds.--Not less than 20 percent of the grant funds available for the Program in any fiscal year shall be reserved for projects located in rural areas or on Tribal lands. The requirement under section 22907(l), which applies to this section, shall not apply to grant funds reserved specifically under this subparagraph. Not less than 5 percent of the grant funds reserved under this subparagraph shall be reserved for projects in counties with 20 or fewer residents per square mile, according to the most recent decennial census, provided that sufficient eligible applications have been submitted. ``(B) Planning grants.--Not less than 25 percent of the grant funds set aside for planning projects in any fiscal year pursuant to section 22104(b) of the Passenger Rail Expansion and Rail Safety Act of 2021 shall be awarded for projects located in rural areas or on tribal lands. ``(C) State limitation.--Not more than 20 percent of the grant funds available for the Program in any fiscal year may be selected for projects in any single State. ``(D) Minimum size.--No grant awarded under this section shall be for less than $1,000,000, except for a planning grant described in subsection (d)(6). ``(g) Cost Share.--Except as provided in paragraph (2), the Federal share of the cost of a project carried out using a grant under the Program may not exceed 80 percent of the total cost of the project. Applicants may count costs incurred for preliminary engineering associated with highway-rail and pathway-rail grade crossing improvement projects as part of the total project costs. ``(h) <<NOTE: Deadline.>> Congressional Notification.--Not later than 3 days before awarding a grant for a project under the Program, the Secretary shall submit written notification of the proposed grant to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives, which shall include-- ``(1) <<NOTE: Summary.>> a summary of the project; and ``(2) the amount of the proposed grant award. ``(i) <<NOTE: Web posting. Public information. Lists.>> Annual Report.--Not later than 60 days after each round of award notifications, the Secretary shall post, on the public website of the Department of Transportation-- ``(1) a list of all eligible applicants that submitted an application for funding under the Program during the current fiscal year; ``(2) a list of the grant recipients and projects that received grant funding under the Program during such fiscal year; and ``(3) a list of the proposed projects and applicants that were determined to be ineligible. ``(j) Commuter Rail Eligibility and Grant Conditions.-- ``(1) In general.--Section 22905(f) shall not apply to grants awarded under this section for commuter rail passenger transportation projects. ``(2) Administration of funds.--The Secretary of Transportation shall transfer amounts awarded under this section for commuter rail passenger transportation projects to [[Page 135 STAT. 723]] the Federal Transit Administration, which shall administer such funds in accordance with chapter 53. ``(3) Protective arrangements.-- ``(A) In general.--Notwithstanding paragraph (2) and section 22905(e)(1), as a condition of receiving a grant under this section, any employee covered by the Railway Labor Act (45 U.S.C. 151 et seq.) and the Railroad Retirement Act of 1974 (45 U.S.C. 231 et seq.) who is adversely affected by actions taken in connection with the project financed in whole or in part by such grant shall be covered by employee protective arrangements required to be established under section 22905(c)(2)(B). ``(B) Implementation.--A grant recipient under this section, and the successors, assigns, and contractors of such grant recipient-- ``(i) shall be bound by the employee protective arrangements required under subparagraph (A); and ``(ii) shall be responsible for the implementation of such arrangements and for the obligations under such arrangements, but may arrange for another entity to take initial responsibility for compliance with the conditions of such arrangement. ``(k) Defined Term.--In this section, the term `rural area' means any area that is not within an area designated as an urbanized area by the Bureau of the Census.''. (b) Clerical Amendment.--The analysis for chapter 229 of title 49, United States Code, <<NOTE: 49 USC 22901 prec.>> is amended by adding at the end the following: ``22909. Railroad Crossing Elimination Program.''. SEC. 22306. INTERSTATE RAIL COMPACTS. (a) In General.--Chapter 229 of title 49, United States Code (as amended by section 22305(a)), is further amended by adding at the end the following: ``Sec. 22910. <<NOTE: 49 USC 22910.>> Interstate Rail Compacts Grant Program ``(a) Grants Authorized.--The Secretary of Transportation shall establish a competitive grant program to provide financial assistance to entities implementing interstate rail compacts pursuant to section 410 of the Amtrak Reform and Accountability Act of 1997 (49 U.S.C. 24101 note) for-- ``(1) costs of administration; ``(2) systems planning, including studying the impacts on freight rail operations and ridership; ``(3) promotion of intercity passenger rail operation; ``(4) preparation of applications for competitive Federal grant programs; and ``(5) operations coordination. ``(b) Maximum Amount.--The Secretary may not award a grant under this section in an amount exceeding $1,000,000 per year. ``(c) Selection Criteria.--In selecting a recipient of a grant for an eligible project under this section, the Secretary shall consider-- ``(1) the amount of funding received (including funding from a rail carrier (as defined in section 24102)) or other participation by State, local, and regional governments and the private sector; [[Page 135 STAT. 724]] ``(2) the applicant's work to foster economic development through rail service, particularly in rural communities; ``(3) whether the applicant seeks to restore service over routes formerly operated by Amtrak, including routes described in section 11304(a) of the Passenger Rail Reform and Investment Act of 2015 (title XI of division A of Public Law 114-94); ``(4) the applicant's dedication to providing intercity passenger rail service to regions and communities that are underserved or not served by other intercity public transportation; ``(5) whether the applicant is enhancing connectivity and geographic coverage of the existing national network of intercity passenger rail service; ``(6) whether the applicant has prepared regional rail or corridor service development plans and corresponding environmental analysis; and ``(7) whether the applicant has engaged with appropriate government entities and transportation providers to identify projects necessary to enhance multimodal connections or facilitate service integration between rail service and other modes, including between intercity passenger rail service and intercity bus service or commercial air service. ``(d) Numerical Limitation.--The Secretary may not award grants under this section for more than 10 interstate rail compacts in any fiscal year. ``(e) Operator Limitation.--The Secretary may only award grants under this section to applicants with eligible expenses related to intercity passenger rail service to be operated by Amtrak. ``(f) <<NOTE: Requirement.>> Non-Federal Match.--The Secretary shall require each recipient of a grant under this section to provide a non-Federal match of not less than 50 percent of the eligible expenses of carrying out the interstate rail compact under this section. ``(g) <<NOTE: Consultation.>> Report.--Not later than 3 years after the date of enactment of the Passenger Rail Expansion and Rail Safety Act of 2021, the Secretary, after consultation with grant recipients under this section, shall submit a report to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives that describes-- ``(1) the implementation of this section; ``(2) the status of the planning efforts and coordination funded by grants awarded under this section; ``(3) the plans of grant recipients for continued implementation of the interstate rail compacts; ``(4) the status of, and data regarding, any new, restored, or enhanced rail services initiated under the interstate rail compacts; and ``(5) <<NOTE: Recommenda- tions.>> any legislative recommendations.''. (b) Clerical Amendment.--The analysis for chapter 229 of title 49, <<NOTE: 49 USC 22901 prec.>> United States Code (as amended by section 22305(b)), is amended by adding at the end the following: ``22910. Interstate Rail Compacts Grant Program.''. (c) Identification.--Section 410 of the Amtrak Reform and Accountability Act of 1997 (Public Law 105-134; 49 U.S.C. 24101 note) is amended-- (1) in subsection (b)(2), by striking ``(except funds made available for Amtrak)''; and [[Page 135 STAT. 725]] (2) by adding at the end the following: ``(c) <<NOTE: Deadline.>> Notification Requirement.--Any State that enters into an interstate compact pursuant to subsection (a) shall notify the Secretary of Transportation of such compact not later than 60 days after it is formed. The failure of any State to notify the Secretary under this subsection shall not affect the status of the interstate compact. ``(d) <<NOTE: Public information.>> Interstate Rail Compacts Program.--The Secretary of Transportation shall-- ``(1) <<NOTE: List.>> make available on a publicly accessible website a list of interstate rail compacts established under subsection (a) before the date of enactment of the Passenger Rail Expansion and Rail Safety Act of 2021 and interstate rail compacts established after such date; and ``(2) <<NOTE: Update.>> make information regarding interstate rail compacts available to the public, including how States may establish interstate rail compacts under subsection (a), and update such information, as necessary.''. SEC. 22307. FEDERAL-STATE PARTNERSHIP FOR INTERCITY PASSENGER RAIL GRANTS. (a) In General.--Section 24911 of title 49, United States Code, is amended-- (1) in the section heading, by striking ``for state of good repair'' and inserting ``for intercity passenger rail''; (2) in subsection (a)-- (A) in paragraph (1)-- (i) in subparagraph (F), by striking ``or'' at the end; (ii) by redesignating subsection (G) as subsection (H); (iii) by inserting after subparagraph (F), the following: ``(G) a federally recognized Indian Tribe; or''; and (iv) in subsection (H), as redesignated, by striking ``(F)'' and inserting ``(G)''; (B) by striking paragraphs (2) and (5); and (C) by redesignating paragraphs (3) and (4) as paragraphs (2) and (3), respectively; (3) in subsection (b), by striking ``with respect to qualified railroad assets'' and inserting ``, improve performance, or expand or establish new intercity passenger rail service, including privately operated intercity passenger rail service if an eligible applicant is involved;''; (4) by striking subsections (c) through (e) and inserting the following: ``(c) Eligible Projects.--The following capital projects, including acquisition of real property interests, are eligible to receive grants under this section: ``(1) A project to replace, rehabilitate, or repair infrastructure, equipment, or a facility used for providing intercity passenger rail service to bring such assets into a state of good repair. ``(2) <<NOTE: Determination.>> A project to improve intercity passenger rail service performance, including reduced trip times, increased train frequencies, higher operating speeds, improved reliability, [[Page 135 STAT. 726]] expanded capacity, reduced congestion, electrification, and other improvements, as determined by the Secretary. ``(3) A project to expand or establish new intercity passenger rail service. ``(4) A group of related projects described in paragraphs (1) through (3). ``(5) The planning, environmental studies, and final design for a project or group of projects described in paragraphs (1) through (4). ``(d) Project Selection Criteria.--In selecting a project for funding under this section-- ``(1) for projects located on the Northeast Corridor, the Secretary shall-- ``(A) make selections consistent with the Northeast Corridor Project Inventory published pursuant to subsection (e)(1), unless when necessary to address materially changed infrastructure or service conditions, changes in project sponsor capabilities or commitments, or other significant changes since the completion of the most recently issued Northeast Corridor Project Inventory; and ``(B) for projects that benefit intercity and commuter rail services, only make such selections when Amtrak and the public authorities providing commuter rail passenger transportation at the eligible project location-- ``(i) <<NOTE: Compliance.>> are in compliance with section 24905(c)(2); and ``(ii) identify funding for the intercity passenger rail share, the commuter rail share, and the local share of the eligible project before the commencement of the project; ``(2) for projects not located on the Northeast Corridor, the Secretary shall-- ``(A) give preference to eligible projects-- ``(i) for which Amtrak is not the sole applicant; ``(ii) that improve the financial performance, reliability, service frequency, or address the state of good repair of an Amtrak route; and ``(iii) that are identified in, and consistent with, a corridor inventory prepared under the Corridor Identification and Development Program pursuant to section 25101; and ``(B) take into account-- ``(i) the cost-benefit analysis of the proposed project, including anticipated private and public benefits relative to the costs of the proposed project, including-- ``(I) effects on system and service performance, including as measured by applicable metrics set forth in part 273 of title 49, Code of Federal Regulations (or successor regulations); ``(II) effects on safety, competitiveness, reliability, trip or transit time, greenhouse gas emissions, and resilience; ``(III) anticipated positive economic and employment impacts, including development in areas near passenger stations, historic districts, or other opportunity zones; [[Page 135 STAT. 727]] ``(IV) efficiencies from improved connections with other modes; and ``(V) ability to meet existing or anticipated demand; ``(ii) the degree to which the proposed project's business plan considers potential private sector participation in the financing, construction, or operation of the proposed project; ``(iii) the applicant's past performance in developing and delivering similar projects, and previous financial contributions; ``(iv) whether the applicant has, or will have-- ``(I) the legal, financial, and technical capacity to carry out the project; ``(II) satisfactory continuing access to the equipment or facilities; and ``(III) the capability and willingness to maintain the equipment or facilities; ``(v) if applicable, the consistency of the project with planning guidance and documents set forth by the Secretary or otherwise required by law; ``(vi) whether the proposed project serves historically unconnected or underconnected communities; and ``(vii) any other relevant factors, as determined by the Secretary; and ``(3) the Secretary shall reserve-- ``(A) not less than 45 percent of the amounts appropriated for grants under this section for projects not located along the Northeast Corridor, of which not less than 20 percent shall be for projects that benefit (in whole or in part) a long-distance route; and ``(B) not less than 45 percent of the amounts appropriated for grants under this section for projects listed on the Northeast Corridor project inventory published pursuant to subsection (e)(1). ``(e) <<NOTE: Deadline. Publication. Inventory.>> Long-term Planning.--Not later than 1 year after the date of enactment of the Passenger Rail Expansion and Rail Safety Act of 2021, and every 2 years thereafter, the Secretary shall create a predictable project pipeline that will assist Amtrak, States, and the public with long-term capital planning by publishing a Northeast Corridor project inventory that-- ``(1) identifies capital projects for Federal investment, project applicants, and proposed Federal funding levels under this section; ``(2) <<NOTE: Plan. Time period.>> specifies the order in which the Secretary will provide grant funding to projects that have identified sponsors and are located along the Northeast Corridor, including a method and plan for apportioning funds to project sponsors for the 2-year period, which may be altered by the Secretary, as necessary, if recipients are not carrying out projects in accordance with the anticipated schedule; ``(3) takes into consideration the appropriate sequence and phasing of projects described in the Northeast Corridor capital investment plan developed pursuant to section 24904(a); ``(4) is consistent with the most recent Northeast Corridor service development plan update described in section 24904(d); [[Page 135 STAT. 728]] ``(5) <<NOTE: Time period.>> takes into consideration the existing commitments and anticipated Federal, project applicant, sponsor, and other relevant funding levels for the next 5 fiscal years based on information currently available to the Secretary; and ``(6) <<NOTE: Consultation.>> is developed in consultation with the Northeast Corridor Commission and the owners of Northeast Corridor infrastructure and facilities.''; (5) in subsection (f)(2), by inserting ``, except as specified under paragraph (4)'' after ``80 percent''; (6) in subsection (g)-- (A) in the subsection heading, by inserting ``; Phased Funding Agreements'' after ``Intent''; (B) in paragraph (1)-- (i) in the paragraph heading, by striking ``In general'' and inserting ``Letters of intent''; and (ii) by striking ``shall, to the maximum extent practicable,'' and inserting ``may''; (C) by redesignating paragraphs (2) and (3) as paragraphs (3) and (4), respectively; (D) by inserting after paragraph (1) the following: ``(2) <<NOTE: Contracts.>> Phased funding agreements.-- ``(A) In general.--The Secretary may enter into a phased funding agreement with an applicant if-- ``(i) the project is highly rated, based on the evaluations and ratings conducted pursuant to this section and the applicable notice of funding opportunity; and ``(ii) the Federal assistance to be provided for the project under this section is more than $80,000,000. ``(B) Terms.--A phased funding agreement shall-- ``(i) establish the terms of participation by the Federal Government in the project; ``(ii) establish the maximum amount of Federal financial assistance for the project; ``(iii) include the period of time for completing the project, even if such period extends beyond the period for which Federal financial assistance is authorized; ``(iv) make timely and efficient management of the project easier in accordance with Federal law; and ``(v) if applicable, specify when the process for complying with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and related environmental laws will be completed for the project. ``(C) Special financial rules.-- ``(i) In general.--A phased funding agreement under this paragraph obligates an amount of available budget authority specified in law and may include a commitment, contingent on amounts to be specified in law in advance for commitments under this paragraph, to obligate an additional amount from future available budget authority specified in law. ``(ii) Statement of contingent commitment.-- The agreement shall state that the contingent commitment is not an obligation of the Government. ``(iii) Interest and other financing costs.-- Interest and other financing costs of efficiently carrying out a part of the project within a reasonable time are a cost of carrying out the project under a phased [[Page 135 STAT. 729]] funding agreement, except that eligible costs may not be more than the cost of the most favorable financing terms reasonably available for the project at the time of borrowing. <<NOTE: Certification.>> The applicant shall certify, to the satisfaction of the Secretary, that the applicant has shown reasonable diligence in seeking the most favorable financing terms. ``(iv) Failure to carry out project.--If an applicant does not carry out the project for reasons within the control of the applicant, the applicant shall repay all Federal grant funds awarded for the project from all Federal funding sources, for all project activities, facilities, and equipment, plus reasonable interest and penalty charges allowable by law or established by the Secretary in the phased funding agreement. For purposes of this clause, a process for complying with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) that results in the selection of the no build alternative is not within the applicant's control. ``(v) Crediting of funds received.--Any funds received by the Government under this paragraph, except for interest and penalty charges, shall be credited to the appropriation account from which the funds were originally derived.''; (E) in paragraph (3), as redesignated-- (i) in subparagraph (A), in the matter preceding clause (i), by inserting ``a phased funding agreement under paragraph (2) or'' after ``issuing''; and (ii) in subparagraph (B)(i), by inserting ``the phased funding agreement or'' after ``a copy of''; and (F) in paragraph (4), as redesignated-- (i) by striking ``An obligation'' and inserting the following: ``(B) Appropriations required.--An obligation''; and (ii) by inserting before subparagraph (B), as added by clause (i), the following: ``(A) <<NOTE: Determination.>> In general.--The Secretary may enter into phased funding agreements under this subsection that contain contingent commitments to incur obligations in such amounts as the Secretary determines are appropriate.''; (7) in subsection (i), by striking ``section 22905'' and inserting ``sections 22903 and 22905''; and (8) by adding at the end the following: ``(j) Annual Report on Phased Funding Agreements and Letters of Intent.--Not later than the first Monday in February of each year, the Secretary shall submit a report to the Committee on Commerce, Science, and Transportation of the Senate, the Committee on Appropriations of the Senate, the Committee on Transportation and Infrastructure of the House of Representatives, and the Committee on Appropriations of the House of Representatives that includes-- ``(1) <<NOTE: Proposal.>> a proposal for the allocation of amounts to be available to finance grants for projects under this section among applicants for such amounts; [[Page 135 STAT. 730]] ``(2) <<NOTE: Evaluations.>> evaluations and ratings, as applicable, for each project that has received a phased funding agreement or a letter of intent; and ``(3) <<NOTE: Recommenda- tions. Time period.>> recommendations for each project that has received a phased funding agreement or a letter of intent for funding based on the evaluations and ratings, as applicable, and on existing commitments and anticipated funding levels for the next 3 fiscal years based on information currently available to the Secretary. ``(k) Regional Planning Guidance Corridor Planning.--The Secretary may withhold up to 5 percent of the total amount made available for this section to carry out planning and development activities related to section 25101, including-- ``(1) providing funding to public entities for the development of service development plans selected under the Corridor Identification and Development Program; ``(2) facilitating and providing guidance for intercity passenger rail systems planning; and ``(3) providing funding for the development and refinement of intercity passenger rail systems planning analytical tools and models.''. (b) Clerical Amendment.--The analysis for chapter 249 of title 49, United States Code, <<NOTE: 49 USC 24901 prec.>> is amended by striking the item relating to section 24911 and inserting the following: ``24911. Federal-State partnership for intercity passenger rail.''. SEC. 22308. CORRIDOR IDENTIFICATION AND DEVELOPMENT PROGRAM. (a) In General.--Part C of subtitle V of title 49, United States Code, is amended by adding at the end the following: ``CHAPTER 251 <<NOTE: 49 USC 25101 prec.>> --PASSENGER RAIL PLANNING ``Sec. ``25101. Corridor Identification and Development Program. ``Sec. 25101. <<NOTE: 49 USC 25101.>> Corridor Identification and Development Program ``(a) <<NOTE: Deadline.>> In General.--Not later than 180 days after the date of enactment of the Passenger Rail Expansion and Rail Safety Act of 2021, the Secretary of Transportation shall establish a program to facilitate the development of intercity passenger rail corridors. The program shall include-- ``(1) a process for eligible entities described in subsection (b) to submit proposals for the development of intercity passenger rail corridors; ``(2) a process for the Secretary to review and select proposals in accordance with subsection (c); ``(3) <<NOTE: Criteria.>> criteria for determining the level of readiness for Federal financial assistance of an intercity passenger rail corridor, which shall include-- ``(A) identification of a service operator which may include Amtrak or private rail carriers; ``(B) identification of a service sponsor or sponsors; ``(C) identification capital project sponsors; ``(D) engagement with the host railroads; and ``(E) other criteria as determined appropriate by the Secretary; [[Page 135 STAT. 731]] ``(4) a process for preparing service development plans in accordance with subsection (d), including the identification of planning funds, such as funds made available under section 24911(k) and interstate rail compact grants established under section 22210; ``(5) the creation of a pipeline of intercity passenger rail corridor projects under subsection (g); ``(6) planning guidance to achieve the purposes of this section, including guidance for intercity passenger rail corridors not selected under this section; and ``(7) such other features as the Secretary considers relevant to the successful development of intercity passenger rail corridors. ``(b) Eligible Entities.--The Secretary may receive proposals under this section from Amtrak, States, groups of States, entities implementing interstate compacts, regional passenger rail authorities, regional planning organizations, political subdivisions of a State, federally recognized Indian Tribes, and other public entities, as determined by the Secretary. ``(c) Corridor Selection.--In selecting intercity passenger rail corridors pursuant to subsection (a), the Secretary shall consider-- ``(1) whether the route was identified as part of a regional or interregional intercity passenger rail systems planning study; ``(2) projected ridership, revenues, capital investment, and operating funding requirements; ``(3) anticipated environmental, congestion mitigation, and other public benefits; ``(4) projected trip times and their competitiveness with other transportation modes; ``(5) anticipated positive economic and employment impacts, including development in the areas near passenger stations, historic districts, or other opportunity zones; ``(6) committed or anticipated State, regional transportation authority, or other non-Federal funding for operating and capital costs; ``(7) benefits to rural communities; ``(8) whether the corridor is included in a State's approved State rail plan developed pursuant to chapter 227; ``(9) whether the corridor serves historically unserved or underserved and low-income communities or areas of persistent poverty; ``(10) whether the corridor would benefit or improve connectivity with existing or planned transportation services of other modes; ``(11) whether the corridor connects at least 2 of the 100 most populated metropolitan areas; ``(12) whether the corridor would enhance the regional equity and geographic diversity of intercity passenger rail service; ``(13) whether the corridor is or would be integrated into the national rail passenger transportation system and whether the corridor would create benefits for other passenger rail routes and services; and ``(14) whether a passenger rail operator, including a private rail carrier, has expressed support for the corridor. [[Page 135 STAT. 732]] ``(d) Service Development Plans.--For each corridor proposal selected for development under this section, the Secretary shall partner with the entity that submitted the proposal, relevant States, and Amtrak, as appropriate, to prepare a service development plan (or to update an existing service development plan), which shall include-- ``(1) a detailed description of the proposed intercity passenger rail service, including train frequencies, peak and average operating speeds, and trip times; ``(2) <<NOTE: Inventory.>> a corridor project inventory that-- ``(A) identifies the capital projects necessary to achieve the proposed intercity passenger rail service, including-- ``(i) the capital projects for which Federal investment will be sought; ``(ii) the likely project applicants; and ``(iii) the proposed Federal funding levels; ``(B) specifies the order in which Federal funding will be sought for the capital projects identified under subparagraph (A), after considering the appropriate sequence and phasing of projects based on the anticipated availability of funds; and ``(C) is developed in consultation with the entities listed in subsection (e); ``(3) <<NOTE: Schedule.>> a schedule and any associated phasing of projects and related service initiation or changes; ``(4) project sponsors and other entities expected to participate in carrying out the plan; ``(5) a description of how the corridor would comply with Federal rail safety and security laws, orders, and regulations; ``(6) the locations of existing and proposed stations; ``(7) the needs for rolling stock and other equipment; ``(8) a financial plan identifying projected-- ``(A) annual revenues; ``(B) annual ridership; ``(C) capital investments before service could be initiated; ``(D) capital investments required to maintain service; ``(E) annual operating and costs; and ``(F) sources of capital investment and operating financial support; ``(9) a description of how the corridor would contribute to the development of a multi-State regional network of intercity passenger rail; ``(10) an intermodal plan describing how the new or improved corridor facilitates travel connections with other passenger transportation services; ``(11) a description of the anticipated environmental benefits of the corridor; and ``(12) a description of the corridor's impacts on highway and aviation congestion, energy consumption, land use, and economic development in the service area. ``(e) Consultation.--In partnering on the preparation of a service development plan under subsection (d), the Secretary shall consult with-- ``(1) Amtrak; ``(2) appropriate State and regional transportation authorities and local officials; [[Page 135 STAT. 733]] ``(3) representatives of employee labor organizations representing railroad and other appropriate employees; ``(4) host railroads for the proposed corridor; and ``(5) other stakeholders, as determined by the Secretary. ``(f) <<NOTE: Time period. Consultation. Determination.>> Updates.--Every 5 years, after the initial development of the service development plan under subsection (d), if at least 40 percent of the work to implement a service development plan prepared under subsection (d) has not yet been completed, the plan's sponsor, in consultation with the Secretary, shall determine whether such plan should be updated. ``(g) <<NOTE: Deadlines.>> Project Pipeline.--Not later than 1 year after the establishment of the program under this section, and by February 1st of each year thereafter, the Secretary shall submit to the Committee on Commerce, Science, and Transportation of the Senate, the Committee on Appropriations of the Senate, and the Committee on Transportation and Infrastructure of the House of Representatives, and the Committee on Appropriations of the House of Representatives a project pipeline, in accordance with this section, that-- ``(1) identifies intercity passenger rail corridors selected for development under this section; ``(2) identifies capital projects for Federal investment, project applicants, and proposed Federal funding levels, as applicable, consistent with the corridor project inventory; ``(3) <<NOTE: Time period.>> specifies the order in which the Secretary would provide Federal financial assistance, subject to the availability of funds, to projects that have identified sponsors, including a method and plan for apportioning funds to project sponsors for a 5-year period, which may be altered by the Secretary, as necessary, if recipients are not carrying out projects on the anticipated schedule; ``(4) takes into consideration the appropriate sequence and phasing of projects described in the corridor project inventory; ``(5) <<NOTE: Time period.>> takes into consideration the existing commitments and anticipated Federal, project applicant, sponsor, and other relevant funding levels for the next 5 fiscal years based on information currently available to the Secretary; ``(6) is prioritized based on the level of readiness of the corridor; and ``(7) reflects consultation with Amtrak. ``(h) Definition.--In this section, the term `intercity passenger rail corridor' means-- ``(1) a new intercity passenger rail route of less than 750 miles; ``(2) the enhancement of an existing intercity passenger rail route of less than 750 miles; ``(3) the restoration of service over all or portions of an intercity passenger rail route formerly operated by Amtrak; or ``(4) the increase of service frequency of a long-distance intercity passenger rail route.''. (b) Clerical Amendment.--The table of chapters for subtitle V of title 49, United States Code, <<NOTE: 49 USC 20101 prec.>> is amended by inserting after the item relating to chapter 249 the following: ``Chapter 251. Passenger rail planning.........................25101''. [[Page 135 STAT. 734]] SEC. 22309. <<NOTE: 49 USC 1301 note.>> SURFACE TRANSPORTATION BOARD PASSENGER RAIL PROGRAM. The Surface Transportation Board shall-- (1) establish a passenger rail program with primary responsibility for carrying out the Board's passenger rail responsibilities; and (2) hire up to 10 additional full-time employees to assist in carrying out the responsibilities referred to in paragraph (1). Subtitle D--Rail Safety SEC. 22401. RAILWAY-HIGHWAY CROSSINGS PROGRAM EVALUATION. (a) <<NOTE: Deadline. Determination.>> In General.--Not later than 3 years after the date of enactment of this Act, the Secretary shall evaluate the requirements of the railway-highway crossings program authorized under section 130 of title 23, United States Code, to determine whether-- (1) the requirements of the program provide States sufficient flexibility to adequately address current and emerging highway-rail grade crossing safety issues; (2) the structure of the program provides sufficient incentives and resources to States and local agencies to make changes at highway-rail grade crossings that are most effective at reducing deaths and injuries; (3) there are appropriate tools and resources to support States in using data driven programs to determine the most cost- effective use of program funds; and (4) any statutory changes are recommended to improve the effectiveness of the program. (b) <<NOTE: Summaries. Recommenda- tions.>> Report.--Not later than 4 years after the date of enactment of this Act, the Secretary shall submit a report to the Committee on Commerce, Science, and Transportation of the Senate, the Committee on Environment and Public Works of the Senate, and the Committee on Transportation and Infrastructure of the House of Representatives that summarizes and describes the results of the evaluation conducted pursuant to subsection (a), including any recommended statutory changes. SEC. 22402. <<NOTE: Deadline. 49 USC 22907 note.>> GRADE CROSSING ACCIDENT PREDICTION MODEL. Not later than 2 years after the date of enactment of this Act, the Administrator of the Federal Railroad Administration shall-- (1) <<NOTE: Update.>> update the grade crossing accident prediction and severity model used by the Federal Railroad Administration to analyze accident risk at highway-rail grade crossings; and (2) provide training on the use of the updated grade crossing accident prediction and severity model. SEC. 22403. PERIODIC UPDATES TO HIGHWAY-RAIL CROSSING REPORTS AND PLANS. (a) Highway-rail Grade Crossing Safety.--Section 11401 of the Fixing America's Surface Transportation Act (Public Law 114-94; 49 U.S.C. 22907 note) is amended-- (1) by striking subsection (c); and (2) by redesignating subsections (d) and (e) as subsections (c) and (d), respectively. (b) Reports on Highway-rail Grade Crossing Safety.-- [[Page 135 STAT. 735]] (1) In general.--Chapter 201 of title 49, United States Code, is amended by inserting after section 20166 the following: ``Sec. 20167. <<NOTE: 49 USC 20167.>> Reports on highway-rail grade crossing safety ``(a) <<NOTE: Consultation. Summaries.>> Report.--Not later than 4 years after the date by which States are required to submit State highway-rail grade crossing action plans under section 11401(b) of the Fixing America's Surface Transportation Act (49 U.S.C. 22907 note), the Administrator of the Federal Railroad Administration, in consultation with the Administrator of the Federal Highway Administration, shall submit a report to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives that summarizes the State highway-rail grade crossing action plans, including-- ``(1) <<NOTE: Analysis. Evaluation.>> an analysis and evaluation of each State railway-highway crossings program under section 130 of title 23, including-- ``(A) <<NOTE: Compliance.>> compliance with section 11401 of the Fixing America's Surface Transportation Act and section 130(g) of title 23; and ``(B) <<NOTE: Strategies.>> the specific strategies identified by each State to improve safety at highway- rail grade crossings, including crossings with multiple accidents or incidents; ``(2) the progress of each State in implementing its State highway-rail grade crossings action plan; ``(3) the number of highway-rail grade crossing projects undertaken pursuant to section 130 of title 23, including the distribution of such projects by cost range, road system, nature of treatment, and subsequent accident experience at improved locations; ``(4) <<NOTE: Compliance.>> which States are not in compliance with their schedule of projects under section 130(d) of title 23; and ``(5) <<NOTE: Recommenda- tions.>> any recommendations for future implementation of the railway-highway crossings program under section 130 of title 23. ``(b) <<NOTE: Deadline. Consultation.>> Updates.--Not later than 5 years after the submission of the report required under subsection (a), the Administrator of the Federal Railroad Administration, in consultation with the Administrator of the Federal Highway Administration, shall-- ``(1) update the report based on the State annual reports submitted pursuant to section 130(g) of title 23 and any other information obtained by or available to the Administrator of the Federal Railroad Administration; and ``(2) submit the updated report to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives. ``(c) Definitions.--In this section: ``(1) Highway-rail grade crossing.--The term `highway-rail grade crossing' means a location within a State, other than a location at which 1 or more railroad tracks cross 1 or more railroad tracks at grade, at which-- ``(A) a public highway, road, or street, or a private roadway, including associated sidewalks and pathways, crosses 1 or more railroad tracks, either at grade or grade-separated; or ``(B) a pathway explicitly authorized by a public authority or a railroad carrier that-- [[Page 135 STAT. 736]] ``(i) is dedicated for the use of nonvehicular traffic, including pedestrians, bicyclists, and others; ``(ii) is not associated with a public highway, road, or street, or a private roadway; and ``(iii) crosses 1 or more railroad tracks, either at grade or grade-separated. ``(2) State.--The term `State' means a State of the United States or the District of Columbia.''. (2) Clerical amendment.--The analysis for chapter 201 of title 49, United States Code, <<NOTE: 49 USC 20101 prec.>> is amended by inserting after the item relating to section 20166 the following: ``20167. Reports on highway-rail grade crossing safety.''. (c) Annual Report.--Section 130(g) of title 23, United States Code, is amended to read as follows: ``(g) Annual Report.-- ``(1) In general.--Not later than August 31 of each year, each State shall submit a report to the Administrator of the Federal Highway Administration that describes-- ``(A) the progress being made to implement the railway-highway crossings program authorized under this section; and ``(B) the effectiveness of the improvements made as a result of such implementation. ``(2) <<NOTE: Assessments.>> Contents.--Each report submitted pursuant to paragraph (1) shall contain an assessment of-- ``(A) the costs of the various treatments employed by the State to implement the railway-highway crossings program; and ``(B) the effectiveness of such treatments, as measured by the accident experience at the locations that received such treatments. ``(3) Coordination.--Not later than 30 days after the Federal Highway Administration's acceptance of each report submitted pursuant to paragraph (1), the Administrator of the Federal Highway Administration shall make such report available to the Administrator of the Federal Railroad Administration.''. SEC. 22404. <<NOTE: 49 USC 22907 note.>> BLOCKED CROSSING PORTAL. (a) <<NOTE: Time period.>> In General.--The Administrator of the Federal Railroad Administration shall establish a 3-year blocked crossing portal, which shall include the maintenance of the portal and corresponding database to receive, store, and retrieve information regarding blocked highway-rail grade crossings. (b) Blocked Crossing Portal.--The Administrator of the Federal Railroad Administration shall establish a blocked crossing portal that-- (1) collects information from the public, including first responders, regarding blocked highway-rail grade crossing events; (2) solicits the apparent cause of the blocked crossing and provides examples of common causes of blocked crossings, such as idling trains or instances when lights or gates are activated when no train is present; (3) provides each complainant with the contact information for reporting a blocked crossing to the relevant railroad; and [[Page 135 STAT. 737]] (4) encourages each complainant to report the blocked crossing to the relevant railroad. (c) Complaints.--The blocked crossing portal shall be programmed to receive complaints from the general public about blocked highway-rail grade crossings. Any complaint reported through the portal shall indicate whether the complainant also reported the blocked crossing to the relevant railroad. (d) <<NOTE: Review.>> Information Received.--In reviewing complaints received pursuant to subsection (c), the Federal Railroad Administration shall review, to the extent practicable, the information received from the complainant to account for duplicative or erroneous reporting. (e) Use of Information.--The information received and maintained in the blocked crossing portal database shall be used by the Federal Railroad Administration-- (1) to identify frequent and long-duration blocked highway- rail grade crossings; (2) as a basis for conducting outreach to communities, emergency responders, and railroads; (3) to support collaboration in the prevention of incidents at highway-rail grade crossings; and (4) to assess the impacts of blocked crossings. (f) Sharing Information Received.-- (1) <<NOTE: Public information. Procedures.>> In general.-- The Administrator of the Federal Railroad Administration shall implement and make publicly available procedures for sharing any nonaggregated information received through the blocked crossing portal with the public. (2) Rule of construction.--Nothing in this section may be construed to authorize the Federal Railroad Administration to make publically available sensitive security information. (g) Additional Information.--If the information submitted to the blocked crossing portal is insufficient to determine the locations and potential impacts of blocked highway-rail grade crossings, the Federal Railroad Administration may collect, from the general public, State and local law enforcement personnel, and others as appropriate, and on a voluntary basis, such additional information as may be necessary to make such determinations. (h) Limitations.--Complaints, data, and other information received through the blocked crossing portal may not be used-- (1) to infer or extrapolate the rate or instances of crossings beyond the data received through the portal; or (2) for any regulatory or enforcement purposes except those specifically described in this section. (i) Reports.-- (1) <<NOTE: Web posting.>> Annual public report.--The Administrator of the Federal Railroad Administration shall publish an annual report on a public website regarding the blocked crossing program, including the underlying causes of blocked crossings, program challenges, and other findings. (2) Report to congress.--Not later than 1 year after the date of enactment of this Act, the Administrator of the Federal Railroad Administration shall submit a report to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives that describes-- (A) based on the information received through the blocked crossing portal, frequent and long-duration blocked [[Page 135 STAT. 738]] highway-rail grade crossings, including the locations, dates, durations, and impacts resulting from such occurrences; (B) the Federal Railroad Administration's process for verifying the accuracy of the complaints submitted to the blocked crossing portal, including whether the portal continues to be effective in collecting such information and identifying blocked crossings; (C) the Federal Railroad Administration's use of the data compiled by the blocked crossing portal to assess the underlying cause and overall impacts of blocked crossings; (D) the engagement of the Federal Railroad Administration with affected parties to identify and facilitate solutions to frequent and long-duration blocked highway-rail grade crossings identified by the blocked crossing portal; and (E) whether the blocked crossing portal continues to be an effective method to collect blocked crossing information and what changes could improve its effectiveness. (j) Sunset.--This section (other than subsection (k)) shall have no force or effect beginning on the date that is 3 years after the date of enactment of this Act. (k) Rule of Construction.--Nothing in this section may be construed to invalidate any authority of the Secretary with respect to blocked highway-rail grade crossings. The Secretary may continue to use any such authority after the sunset date set forth in subsection (j). SEC. 22405. <<NOTE: Deadlines. 49 USC 20101 note.>> DATA ACCESSIBILITY. (a) Review.--Not later than 180 days after the date of enactment of this Act, the Chief Information Officer of the Department shall-- (1) conduct a review of the website of the Office of Safety Analysis of the Federal Railroad Administration; and (2) <<NOTE: Recommenda- tions.>> provide recommendations to the Secretary for improving the public's usability and accessibility of the website referred to in paragraph (1). (b) <<NOTE: Website.>> Updates.--Not later than 1 year after receiving recommendations from the Chief Information Officer pursuant to subsection (a)(2), the Secretary, after considering such recommendations, shall update the website of the Office of Safety Analysis of the Federal Railroad Administration to improve the usability and accessibility of the website. SEC. 22406. <<NOTE: Deadline. Regulations. Requirements. Plans. Comp liance. 49 USC 20133 note.>> EMERGENCY LIGHTING. Not later than 1 year after the date of enactment of this Act, the Secretary shall initiate a rulemaking to require that all rail carriers providing intercity passenger rail transportation or commuter rail passenger transportation (as such terms are defined in section 24102 of title 49, United States Code), develop and implement periodic inspection plans to ensure that passenger equipment offered for revenue service complies with the requirements under part 238 of title 49, Code of Federal Regulations, including ensuring that, in the event of a loss of power, there is adequate emergency lighting available to allow passengers, crew members, and first responders-- (1) to see and orient themselves; (2) to identify obstacles; [[Page 135 STAT. 739]] (3) to safely move throughout the rail car; and (4) to evacuate safely. SEC. 22407. <<NOTE: Deadlines. 49 USC 24313 note.>> COMPREHENSIVE RAIL SAFETY REVIEW OF AMTRAK. (a) Comprehensive Safety Assessment.--Not later than 1 year after the date of enactment of this Act, the Secretary shall-- (1) <<NOTE: Compliance.>> conduct a focused review of Amtrak's safety-related processes and procedures, compliance with safety regulations and requirements, and overall safety culture; and (2) <<NOTE: Reports. Recommenda- tions.>> submit a report to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives that includes the findings and recommendations resulting from such assessment. (b) Plan.-- (1) Initial plan.--Not later than 6 months after the completion of the comprehensive safety assessment under subsection (a)(1), Amtrak shall submit a plan to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives for addressing the findings and recommendations raised in the comprehensive safety assessment. (2) Annual updates.--Amtrak shall submit annual updates of its progress toward implementing the plan submitted pursuant to paragraph (1) to the committees listed in such paragraph. SEC. 22408. <<NOTE: 49 USC 21109 note.>> COMPLETION OF HOURS OF SERVICE AND FATIGUE STUDIES. (a) <<NOTE: Deadline.>> In General.--Not later than 90 days after the date of enactment of this Act, the Administrator of the Federal Railroad Administration shall commence the pilot programs required under subparagraphs (A) and (B) of section 21109(e)(1) of title 49, United States Code. (b) Consultation.--The Federal Railroad Administration shall consult with the class or craft of employees impacted by the pilot projects, including railroad carriers, and representatives of labor organizations representing the impacted employees when designing and conducting the pilot programs referred to in subsection (a). (c) Report.--If the pilot programs required under section 21109(e)(1) of title 49, United States Code, have not commenced on the date that is 1 year and 120 days after the date of enactment of this Act, the Secretary, not later than 30 days after such date, submit a report to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives that describes-- (1) the status of such pilot programs; (2) actions that the Federal Railroad Administration has taken to commence the pilot programs, including efforts to recruit participant railroads; (3) any challenges impacting the commencement of the pilot programs; and (4) any other details associated with the development of the pilot programs that affect progress toward meeting the mandate under such section 21109(e)(1). [[Page 135 STAT. 740]] SEC. 22409. POSITIVE TRAIN CONTROL STUDY. (a) <<NOTE: Determination.>> Study.--The Comptroller General of the United States shall conduct a study to determine the annual positive train control system operation and maintenance costs for public commuter railroads. (b) <<NOTE: Summaries.>> Report.--Not later than 2 years after the date of enactment of this Act, the Comptroller General of the United States shall submit a report to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives that summarizes the study conducted pursuant to subsection (a), including the estimated annual positive train control system operation and maintenance costs for public commuter railroads. SEC. 22410. <<NOTE: 49 USC 20162 note.>> OPERATING CREW MEMBER TRAINING, QUALIFICATION, AND CERTIFICATION. (a) <<NOTE: Deadline.>> Audits.--Not later than 60 days after the date of enactment of this Act, the Secretary shall initiate audits of the training, qualification, and certification programs of locomotive engineers and conductors of railroad carriers, subject to the requirements of parts 240 and 242 of title 49, Code of Federal Regulations, which audits shall-- (1) be conducted in accordance with subsection (b); (2) <<NOTE: Compliance.>> consider whether such programs are in compliance with such parts 240 and 242; (3) <<NOTE: Assessment.>> assess the type and content of training that such programs provide locomotive engineers and conductors, relevant to their respective roles, including training related to installed technology; (4) <<NOTE: Determination.>> determine whether such programs provide locomotive engineers and conductors the knowledge, skill, and ability to safely operate a locomotive or train, consistent with such parts 240 and 242; (5) <<NOTE: Determination.>> determine whether such programs reflect the current operating practices of the railroad carrier; (6) <<NOTE: Assessment. Examination.>> assess the current practice by which railroads utilize simulator training, or any other technologies used to train and qualify locomotive engineers and conductors by examining how such technologies are used; (7) consider international experience and practice using similar technology, as appropriate, particularly before qualifying locomotive engineers on new or unfamiliar equipment, new train control, diagnostics, or other on-board technology; (8) <<NOTE: Assessment.>> assess the current practice for familiarizing locomotive engineers and conductors with new territory and using recurrency training to expose such personnel to normal and abnormal conditions; and (9) ensure that locomotive engineers and conductor training programs are considered separately, as appropriate, based on the unique requirements and regulations. (b) Audit Scheduling.--The Secretary shall-- (1) <<NOTE: Time periods.>> schedule the audits required under subsection (a) to ensure that-- (A) each Class I railroad, including the National Railroad Passenger Corporation and other intercity passenger rail providers, is audited not less frequently than once every 5 years; and [[Page 135 STAT. 741]] (B) <<NOTE: Determination.>> a select number, as determined appropriate by the Secretary, of Class II and Class III railroads, along with other railroads providing passenger rail service that are not included in subparagraph (A), are audited annually; and (2) conduct the audits described in paragraph (1)(B) in accordance with the Small Business Regulatory Enforcement Fairness Act of 1996 (5 U.S.C. 601 note) and appendix C of part 209 of title 49, Code of Federal Regulations. (c) Updates to Qualification and Certification Program.--If the Secretary, while conducting the audits required under this section, identifies a deficiency in a railroad's training, qualification, and certification program for locomotive engineers or conductors, the railroad shall update the program to eliminate such deficiency. (d) Consultation and Cooperation.-- (1) Consultation.--In conducting any audit required under this section, the Secretary shall consult with the railroad and its employees, including any nonprofit employee labor organization representing the engineers or conductors of the railroad. (2) Cooperation.--The railroad and its employees, including any nonprofit employee labor organization representing engineers or conductors of the railroad, shall fully cooperate with any such audit, including by-- (A) providing any relevant documents requested; and (B) making available any employees for interview without undue delay or obstruction. (3) <<NOTE: Determination. Notification.>> Failure to cooperate.--If the Secretary determines that a railroad or any of its employees, including any nonprofit employee labor organization representing engineers or conductors of the railroad is not fully cooperating with an audit, the Secretary shall electronically notify the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives. (e) <<NOTE: Determination. Evaluation.>> Review of Regulations.-- The Secretary shall triennially determine whether any update to part 240 or 242 of title 49, Code of Federal Regulations, is necessary to better prepare locomotive engineers and conductors to safely operate trains by evaluating whether such regulations establish appropriate Federal standards requiring railroads-- (1) to provide locomotive engineers or conductors the knowledge and skills to safely operate trains under conditions that reflect industry practices; (2) to adequately address locomotive engineer or conductor route situational awareness, including ensuring locomotive engineers and conductors to demonstrate knowledge on the physical characteristics of a territory under various conditions and using various resources; (3) to provide relevant and adequate hands-on training before a locomotive engineer or conductor is certified; (4) to adequately prepare locomotive engineers or conductors to understand relevant locomotive operating characteristics, to include instructions on functions they are required to operate on any installed technology; and [[Page 135 STAT. 742]] (5) to address any other safety issue that the Secretary determines to be appropriate for better preparing locomotive engineers or conductors. (f) <<NOTE: Public information. Web posting. Summaries.>> Annual Report.--The Secretary shall publish an annual report on the public website of the Federal Railroad Administration that-- (1) summarizes the findings of the prior year's audits; (2) summarizes any updates made pursuant to subsection (c); and (3) excludes and confidential business information or sensitive security information. SEC. 22411. TRANSPARENCY AND SAFETY. Section 20103(d) of title 49, United States Code, is amended to read as follows: ``(d) Nonemergency Waivers.-- ``(1) In general.--The Secretary of Transportation may waive, or suspend the requirement to comply with, any part of a regulation prescribed or an order issued under this chapter if such waiver or suspension is in the public interest and consistent with railroad safety. ``(2) Notice required.--The Secretary shall-- ``(A) provide timely public notice of any request for a waiver under this subsection or for a suspension under subpart E of part 211 of title 49, Code of Federal Regulations, or successor regulations; ``(B) <<NOTE: Data.>> make available the application for such waiver or suspension and any nonconfidential underlying data to interested parties; ``(C) <<NOTE: Public comment.>> provide the public with notice and a reasonable opportunity to comment on a proposed waiver or suspension under this subsection before making a final decision; and ``(D) <<NOTE: Public information. Web posting.>> publish on a publicly accessible website the reasons for granting each such waiver or suspension. ``(3) Information protection.--Nothing in this subsection may be construed to require the release of information protected by law from public disclosure. ``(4) Rulemaking.-- ``(A) <<NOTE: Deadline. Time period. Review. Analysis. Determination.>> In general.--Not later than 1 year after the first day on which a waiver under this subsection or a suspension under subpart E of part 211 of title 49, Code of Federal Regulations, or successor regulations, has been in continuous effect for a 6-year period, the Secretary shall complete a review and analysis of such waiver or suspension to determine whether issuing a rule that is consistent with the waiver is-- ``(i) in the public interest; and ``(ii) consistent with railroad safety. ``(B) Factors.--In conducting the review and analysis under subparagraph (A), the Secretary shall consider-- ``(i) the relevant safety record under the waiver or suspension; ``(ii) the likelihood that other entities would have similar safety outcomes; ``(iii) the materials submitted in the applications, including any comments regarding such materials; and ``(iv) related rulemaking activity. [[Page 135 STAT. 743]] ``(C) Notice and comment.-- ``(i) <<NOTE: Federal Register, publication. Summary. Data.>> In general.--The Secretary shall publish the review and analysis required under this paragraph in the Federal Register, which shall include a summary of the data collected and all relevant underlying data, if the Secretary decides not to initiate a regulatory update under subparagraph (D). ``(ii) Notice of proposed rulemaking.--The review and analysis under this paragraph shall be included as part of the notice of proposed rulemaking if the Secretary initiates a regulatory update under subparagraph (D). ``(D) Regulatory update.--The Secretary may initiate a rulemaking to incorporate relevant aspects of a waiver under this subsection or a suspension under subpart E of part 211 of title 49, Code of Federal Regulations, or successor regulations, into the relevant regulation, to the extent the Secretary considers appropriate. ``(5) Rule of construction.--Nothing in this subsection may be construed to delay any waiver granted pursuant to this subsection that is in the public interest and consistent with railroad safety.''. SEC. 22412. RESEARCH AND DEVELOPMENT. Section 20108 of title 49, United States Code, is amended by adding at the end the following: ``(d) Facilities.--The Secretary may erect, alter, and repair buildings and make other public improvements to carry out necessary railroad research, safety, and training activities at the Transportation Technology Center in Pueblo, Colorado. ``(e) <<NOTE: Fees.>> Offsetting Collections.--The Secretary may collect fees or rents from facility users to offset appropriated amounts for the cost of providing facilities or research, development, testing, training, or other services, including long-term sustainment of the on- site physical plant. ``(f) Revolving Fund.--Amounts appropriated to carry out subsection (d) and all fees and rents collected pursuant to subsection (e) shall be credited to a revolving fund and remain available until expended. The Secretary may use such fees and rents for operation, maintenance, repair, or improvement of the Transportation Technology Center. ``(g) <<NOTE: Time period. Determination.>> Leases and Contracts.-- Notwithstanding section 1302 of title 40, the Secretary may lease to others or enter into contracts for terms of up to 20 years, for such consideration and subject to such terms and conditions as the Secretary determines to be in the best interests of the Government of the United States, for the operation, maintenance, repair, and improvement of the Transportation Technology Center. ``(h) Property and Casualty Loss Insurance.--The Secretary may allow its lessees and contractors to purchase property and casualty loss insurance for its assets and activities at the Transportation Technology Center to mitigate the lessee's or contractor's risk associated with operating a facility. ``(i) <<NOTE: Contracts. Time period.>> Energy Projects.-- Notwithstanding section 1341 of title 31, the Secretary may enter into contracts or agreements, or commit to obligations in connection with third-party contracts or agreements, including contingent liability for the purchase of electric [[Page 135 STAT. 744]] power in connection with such contracts or agreements, for terms not to exceed 20 years, to enable the use of the land at the Transportation Technology Center for projects to produce energy from renewable sources.''. SEC. 22413. RAIL RESEARCH AND DEVELOPMENT CENTER OF EXCELLENCE. Section 20108 of title 49, United States Code, as amended by section 22412, is further amended by adding at the end the following: ``(j) Rail Research and Development Center of Excellence.-- ``(1) <<NOTE: Grants.>> Center of excellence.--The Secretary shall award grants to establish and maintain a center of excellence to advance research and development that improves the safety, efficiency, and reliability of passenger and freight rail transportation. ``(2) Eligibility.--An institution of higher education (as defined in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001)) or a consortium of nonprofit institutions of higher education shall be eligible to receive a grant from the center established pursuant to paragraph (1). ``(3) Selection criteria.--In awarding a grant under this subsection, the Secretary shall-- ``(A) give preference to applicants with strong past performance related to rail research, education, and workforce development activities; ``(B) consider the extent to which the applicant would involve public and private sector passenger and freight railroad operators; and ``(C) consider the regional and national impacts of the applicant's proposal. ``(4) Use of funds.--Grant funds awarded pursuant to this subsection shall be used for basic and applied research, evaluation, education, workforce development, and training efforts related to safety, project delivery, efficiency, reliability, resiliency, and sustainability of urban commuter, intercity high-speed, and freight rail transportation, to include advances in rolling stock, advanced positive train control, human factors, rail infrastructure, shared corridors, grade crossing safety, inspection technology, remote sensing, rail systems maintenance, network resiliency, operational reliability, energy efficiency, and other advanced technologies. ``(5) Federal share.--The Federal share of a grant awarded under this subsection shall be 50 percent of the cost of establishing and operating the center of excellence and related research activities carried out by the grant recipient.''. SEC. 22414. QUARTERLY REPORT ON POSITIVE TRAIN CONTROL SYSTEM PERFORMANCE. Section 20157 of title 49, United States Code, is amended by adding at the end the following: ``(m) Reports on Positive Train Control System Performance.-- ``(1) In general.--Each host railroad subject to this section or subpart I of part 236 of title 49, Code of Federal Regulations, shall electronically submit to the Secretary of Transportation a Report of PTC System Performance on Form FRA F 6180.152, [[Page 135 STAT. 745]] which shall be submitted on or before the applicable due date set forth in paragraph (3) and contain the information described in paragraph (2), which shall be separated by the host railroad, each applicable tenant railroad, and each positive train control-governed track segment, consistent with the railroad's positive train control Implementation Plan described in subsection (a)(1). ``(2) Required information.--Each report submitted pursuant to paragraph (1) shall include, for the applicable reporting period-- ``(A) the number of positive train control system initialization failures, disaggregated by the number of initialization failures for which the source or cause was the onboard subsystem, the wayside subsystem, the communications subsystem, the back office subsystem, or a non-positive train control component; ``(B) the number of positive train control system cut outs, disaggregated by each component listed in subparagraph (A) that was the source or cause of such cut outs; ``(C) the number of positive train control system malfunctions, disaggregated by each component listed in subparagraph (A) that was the source or cause of such malfunctions; ``(D) the number of enforcements by the positive train control system; ``(E) the number of enforcements by the positive train control system in which it is reasonable to assume an accident or incident was prevented; ``(F) the number of scheduled attempts at initialization of the positive train control system; ``(G) the number of train miles governed by the positive train control system; and ``(H) <<NOTE: Summary.>> a summary of any actions the host railroad and its tenant railroads are taking to reduce the frequency and rate of initialization failures, cut outs, and malfunctions, such as any actions to correct or eliminate systemic issues and specific problems. ``(3) Due dates.-- ``(A) In general.--Except as provided in subparagraph (B), each host railroad shall electronically submit the report required under paragraph (1) not later than-- ``(i) April 30, for the period from January 1 through March 31; ``(ii) July 31, for the period from April 1 through June 30; ``(iii) October 31, for the period from July 1 through September 30; and ``(iv) January 31, for the period from October 1 through December 31 of the prior calendar year. ``(B) <<NOTE: Effective date.>> Frequency reduction.--Beginning on the date that is 3 years after the date of enactment of the Passenger Rail Expansion and Rail Safety Act of 2021, the Secretary shall reduce the frequency with which host railroads are required to submit the report described in paragraph (1) to not less frequently than twice per year, unless the Secretary-- [[Page 135 STAT. 746]] ``(i) <<NOTE: Determination.>> determines that quarterly reporting is in the public interest; and ``(ii) <<NOTE: Federal Register, publication.>> publishes a justification for such determination in the Federal Register. ``(4) Tenant railroads.--Each tenant railroad that operates on a host railroad's positive train control-governed main line and is not currently subject to an exception under section 236.1006(b) of title 49, Code of Federal Regulations, shall submit the information described in paragraph (2) to each applicable host railroad on a continuous basis. ``(5) <<NOTE: Deadline.>> Enforcements.--Any railroad operating a positive train control system classified under Federal Railroad Administration Type Approval number FRA-TA- 2010-001 or FRA-TA-2013-003 shall begin submitting the metric required under paragraph (2)(D) not later than January 31, 2023.''. SEC. 22415. SPEED LIMIT ACTION PLANS. (a) Codification of, and Amendment to, Section 11406 of the FAST Act.--Subchapter II of chapter 201 of subtitle V of title 49, United States Code, is amended by inserting after section 20168 the following: ``Sec. 20169. <<NOTE: Deadlines. 49 USC 20169.>> Speed limit action plans ``(a) <<NOTE: Consultation. Surveys.>> In General.--Not later than March 3, 2016, each railroad carrier providing intercity rail passenger transportation or commuter rail passenger transportation, in consultation with any applicable host railroad carrier, shall survey its entire system and identify each main track location where there is a reduction of more than 20 miles per hour from the approach speed to a curve, bridge, or tunnel and the maximum authorized operating speed for passenger trains at that curve, bridge, or tunnel. ``(b) Action Plans.--Not later than 120 days after the date that the survey under subsection (a) is complete, a railroad carrier described in subsection (a) shall submit to the Secretary of Transportation an action plan that-- ``(1) identifies each main track location where there is a reduction of more than 20 miles per hour from the approach speed to a curve, bridge, or tunnel and the maximum authorized operating speed for passenger trains at that curve, bridge, or tunnel; ``(2) describes appropriate actions to enable warning and enforcement of the maximum authorized speed for passenger trains at each location identified under paragraph (1), including-- ``(A) modification to automatic train control systems, if applicable, or other signal systems; ``(B) increased crew size; ``(C) installation of signage alerting train crews of the maximum authorized speed for passenger trains in each location identified under paragraph (1); ``(D) installation of alerters; ``(E) increased crew communication; and ``(F) other practices; ``(3) contains milestones and target dates for implementing each appropriate action described under paragraph (2); and ``(4) <<NOTE: Compliance.>> ensures compliance with the maximum authorized speed at each location identified under paragraph (1). [[Page 135 STAT. 747]] ``(c) Approval.--Not later than 90 days after the date on which an action plan is submitted under subsection (b) or (d)(2), the Secretary shall approve, approve with conditions, or disapprove the action plan. ``(d) Periodic Reviews and Updates.--Each railroad carrier that submits an action plan to the Secretary pursuant to subsection (b) shall-- ``(1) not later than 1 year after the date of enactment of the Passenger Rail Expansion and Rail Safety Act of 2021, and annually thereafter, review such plan to ensure the effectiveness of actions taken to enable warning and enforcement of the maximum authorized speed for passenger trains at each location identified pursuant to subsection (b)(1); and ``(2) <<NOTE: Consultation.>> not later than 90 days before implementing any significant operational or territorial operating change, including initiating a new service or route, submit to the Secretary a revised action plan, after consultation with any applicable host railroad, that addresses such operational or territorial operating change. ``(e) <<NOTE: Consultation.>> New Service.--If a railroad carrier providing intercity rail passenger transportation or commuter rail passenger transportation did not exist on the date of enactment of the FAST Act (Public Law 114-94; 129 Stat. 1312), such railroad carrier, in consultation with any applicable host railroad carrier, shall-- ``(1) <<NOTE: Surveys.>> survey its routes pursuant to subsection (a) not later than 90 days after the date of enactment of the Passenger Rail Expansion and Rail Safety Act of 2021; and ``(2) develop an action plan pursuant to subsection (b) not later than 120 days after the date on which such survey is complete. ``(f) Alternative Safety Measures.--The Secretary may exempt from the requirements under this section each segment of track for which operations are governed by a positive train control system certified under section 20157, or any other safety technology or practice that would achieve an equivalent or greater level of safety in reducing derailment risk. ``(g) <<NOTE: Compliance.>> Prohibition.--No new intercity or commuter rail passenger service may begin operation unless the railroad carrier providing such service is in compliance with the requirements under this section. ``(h) Savings Clause.--Nothing in this section may be construed to prohibit the Secretary from applying the requirements under this section to other segments of track at high risk of overspeed derailment.''. (b) Clerical Amendment.--The analysis for chapter 201 of subtitle V of title 49, United States Code, <<NOTE: 49 USC 20101 prec.>> is amended by adding at the end the following: ``20169. Speed limit action plans.''. SEC. 22416. NEW PASSENGER SERVICE PRE-REVENUE SAFETY VALIDATION PLAN. (a) In General.--Subchapter II of chapter 201 of subtitle V of title 49, United States Code, as amended by section 22415, is further amended by adding at the end the following: ``Sec. 20170. <<NOTE: 49 USC 20170.>> Pre-revenue service safety validation plan ``(a) <<NOTE: Time period. Deadline.>> Plan Submission.--Any railroad providing new, regularly scheduled, intercity or commuter rail passenger transportation, an [[Page 135 STAT. 748]] extension of existing service, or a renewal of service that has been discontinued for more than 180 days shall develop and submit for review a comprehensive pre-revenue service safety validation plan to the Secretary of Transportation not later than 60 days before initiating such revenue service. Such plan shall include pertinent safety milestones and a minimum period of simulated revenue service to ensure operational readiness and that all safety sensitive personnel are properly trained and qualified. ``(b) <<NOTE: Notification.>> Compliance.--After submitting a plan pursuant to subsection (a), the railroad shall adopt and comply with such plan and may not amend the plan without first notifying the Secretary of the proposed amendment. Revenue service may not begin until the railroad has completed the requirements of its plan, including the minimum simulated service period required by the plan. ``(c) Rulemaking.--The Secretary shall promulgate regulations to carry out this section, including-- ``(1) <<NOTE: Requirement.>> requiring that any identified safety deficiencies be addressed and corrected before the initiation of revenue service; and ``(2) establishing appropriate deadlines to enable the Secretary to review and approve the pre-revenue service safety validation plan to ensure that service is not unduly delayed.''. (b) Clerical Amendment.--The analysis for chapter 201 of title 49, United States Code, as amended by section 22415(b), <<NOTE: 49 USC 20101 prec.>> is further amended by adding at the end the following: ``20170. Pre-revenue service safety validation plan.''. SEC. 22417. FEDERAL RAILROAD ADMINISTRATION ACCIDENT AND INCIDENT INVESTIGATIONS. Section 20902 of title 49, United States Code, is amended-- (1) in subsection (b) by striking ``subpena'' and inserting ``subpoena''; and (2) by adding at the end the following: ``(d) Gathering Information and Technical Expertise.-- ``(1) <<NOTE: Determination.>> In general.--The Secretary shall create a standard process for investigators to use during accident and incident investigations conducted under this section for determining when it is appropriate and the appropriate method for-- ``(A) gathering information about an accident or incident under investigation from railroad carriers, contractors or employees of railroad carriers or representatives of employees of railroad carriers, and others, as determined relevant by the Secretary; and ``(B) <<NOTE: Consultation.>> consulting with railroad carriers, contractors or employees of railroad carriers or representatives of employees of railroad carriers, and others, as determined relevant by the Secretary, for technical expertise on the facts of the accident or incident under investigation. ``(2) Confidentiality.--In developing the process required under paragraph (1), the Secretary shall factor in ways to maintain the confidentiality of any entity identified under paragraph (1) if-- ``(A) such entity requests confidentiality; ``(B) such entity was not involved in the accident or incident; and [[Page 135 STAT. 749]] ``(C) maintaining such entity's confidentiality does not adversely affect an investigation of the Federal Railroad Administration. ``(3) Applicability.--This subsection shall not apply to any investigation carried out by the National Transportation Safety Board.''. SEC. 22418. CIVIL PENALTY ENFORCEMENT AUTHORITY. Section 21301(a) of title 49, United States Code, is amended by striking paragraph (3) and inserting the following: ``(3) <<NOTE: Notices. Hearings.>> The Secretary may find that a person has violated this chapter or a regulation prescribed or order, special permit, or approval issued under this chapter only after notice and an opportunity for a hearing. The Secretary shall impose a penalty under this section by giving the person written notice of the amount of the penalty. The Secretary may compromise the amount of a civil penalty by settlement agreement without issuance of an order. <<NOTE: Determination.>> In determining the amount of a compromise, the Secretary shall consider-- ``(A) the nature, circumstances, extent, and gravity of the violation; ``(B) with respect to the violator, the degree of culpability, any history of violations, the ability to pay, and any effect on the ability to continue to do business; and ``(C) other matters that justice requires. ``(4) The Attorney General may bring a civil action in an appropriate district court of the United States to collect a civil penalty imposed or compromise under this section and any accrued interest on the civil penalty. In the civil action, the amount and appropriateness of the civil penalty shall not be subject to review.''. SEC. 22419. ADVANCING SAFETY AND INNOVATIVE TECHNOLOGY. (a) In General.--Section 26103 of title 49, United States Code, is amended to read as follows: ``Sec. 26103. Safety regulations and evaluation ``The Secretary-- ``(1) shall promulgate such safety regulations as may be necessary for high-speed rail services; ``(2) <<NOTE: Consultation.>> shall, before promulgating such regulations, consult with developers of new high-speed rail technologies to develop a method for evaluating safety performance; and ``(3) may solicit feedback from relevant safety experts or representatives of rail employees who perform work on similar technology or who may be expected to perform work on new technology, as appropriate.''. (b) Clerical Amendment.--The analysis for chapter 261 of title 49, United States Code, <<NOTE: 49 USC 26101 prec.>> is amended by striking the item relating to section 26103 and inserting the following: ``26103. Safety regulations and evaluation.''. SEC. 22420. <<NOTE: 49 USC 20133 note.>> PASSENGER RAIL VEHICLE OCCUPANT PROTECTION SYSTEMS. (a) Study.--The Administrator of the Federal Railroad Administration shall conduct a study of the potential installation and use in new passenger rail rolling stock of passenger rail vehicle occupant protection systems that could materially improve passenger safety. [[Page 135 STAT. 750]] (b) <<NOTE: Cost estimates.>> Considerations.--In conducting the study under subsection (a), the Administrator shall consider minimizing the risk of secondary collisions, including estimating the costs and benefits of the new requirements, through the use of-- (1) occupant restraint systems; (2) air bags; (3) emergency window retention systems; and (4) interior designs, including seats, baggage restraints, and table configurations and attachments. (c) Report.--Not later than 2 years after the date of enactment of this Act, the Administrator shall-- (1) <<NOTE: Summaries.>> submit a report summarizing the findings of the study conducted pursuant to subsection (a) to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives; and (2) <<NOTE: Web posting.>> publish such report on the website of the Federal Railroad Administration. (d) <<NOTE: Standards.>> Rulemaking.--Following the completion of the study required under subsection (a), and after considering the costs and benefits of the proposed protection systems, the Administrator may promulgate a rule that establishes standards for the use of occupant protection systems in new passenger rail rolling stock. SEC. 22421. FEDERAL RAILROAD ADMINISTRATION REPORTING REQUIREMENTS. (a) <<NOTE: Consultations. Determinations. 49 USC 20101 note.>> Elimination of Duplicative or Unnecessary Reporting or Paperwork Requirements in the Federal Railroad Administration.-- (1) Review.--The Administrator of the Federal Railroad Administration (referred to in this subsection as the ``FRA Administrator''), in consultation with the Administrator of the Federal Transit Administration, shall conduct a review of existing reporting and paperwork requirements in the Federal Railroad Administration to determine if any such requirements are duplicative or unnecessary. (2) Elimination of certain requirements.--If the FRA Administrator determines, as a result of the review conducted pursuant to paragraph (1), that any reporting or paperwork requirement that is not statutorily required is duplicative or unnecessary, the FRA Administrator, after consultation with the Administrator of the Federal Transit Administration, shall terminate such requirement. (3) Report.--Not later than 1 year after the date of enactment of this Act, the FRA Administrator shall submit a report to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives that-- (A) identifies all of the reporting or paperwork requirements that were terminated pursuant to paragraph (2); and (B) identifies any statutory reporting or paperwork requirements that are duplicative or unnecessary and should be repealed. (b) <<NOTE: Time period. Update. 49 USC 20901 note.>> Safety Reporting.--Not later than 1 year after the date of enactment of this Act, and annually thereafter for the following 4 years, the Secretary shall update Special Study Block 49 on [[Page 135 STAT. 751]] Form FRA F 6180.54 (Rail Equipment Accident/Incident Report) to collect, with respect to trains involved in accidents required to be reported to the Federal Railroad Administration-- (1) the number of cars and length of the involved trains; and (2) the number of crew members who were aboard a controlling locomotive involved in an accident at the time of such accident. SEC. 22422. NATIONAL ACADEMIES STUDY ON TRAINS LONGER THAN 7,500 FEET. (a) <<NOTE: Contracts.>> Study.--The Secretary shall seek to enter into an agreement with the National Academies to conduct a study on the operation of freight trains that are longer than 7,500 feet. (b) Elements.--The study conducted pursuant to subsection (a) shall-- (1) <<NOTE: Examination.>> examine any potential impacts to safety from the operation of freight trains that are longer than 7,500 feet and the mitigation of any identified risks, including-- (A) any potential changes in the risk of loss of communications between the end of train device and the locomotive cab, including communications over differing terrains and conditions; (B) any potential changes in the risk of loss of radio communications between crew members when a crew member alights from the train, including communications over differing terrains and conditions; (C) any potential changes in the risk of derailments, including any risks associated with in- train compressive forces and slack action or other safety risks in the operations of such trains in differing terrains and conditions; (D) any potential impacts associated with the deployment of multiple distributed power units in the consists of such trains; and (E) any potential impacts on braking and locomotive performance and track wear and tear; (2) <<NOTE: Evaluation.>> evaluate any impacts on scheduling and efficiency of passenger operations and in the shipping of goods by freight as a result of longer trains; (3) <<NOTE: Determination.>> determine whether additional engineer and conductor training is required for safely operating such trains; (4) <<NOTE: Assessment.>> assess the potential impact on the amount of time and frequency of occurrence highway-rail grade crossings are occupied; and (5) identify any potential environmental impacts, including greenhouse gas emissions, that have resulted from the operation of longer trains. (c) Comparison.--When evaluating the potential impacts of the operation of trains longer than 7,500 feet under subsection (b), the impacts of such trains shall be compared to the impacts of trains that are shorter than 7,500 feet, after taking into account train frequency. (d) Report.--Not later than 2 years after the date of enactment of this Act, the Secretary shall submit a report to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of [[Page 135 STAT. 752]] Representatives that contains the results of the study conducted by the National Academies under this section. (e) Funding.--From the amounts appropriated for fiscal year 2021 pursuant to the authorization under section 20117(a) of title 49, United States Code, the Secretary shall expend not less than $1,000,000 and not more than $2,000,000 to carry out the study required under this section. SEC. 22423. HIGH-SPEED TRAIN NOISE EMISSIONS. (a) In General.--Section 17 of the Noise Control Act of 1972 (42 U.S.C. 4916) is amended-- (1) by redesignating subsections (c) and (d) as subsections (d) and (e), respectively; and (2) by inserting after subsection (b) the following: ``(c) High-speed Train Noise Emissions.-- ``(1) <<NOTE: Consultation. Regulations.>> In general.--The Secretary of Transportation, in consultation with the Administrator, may prescribe regulations governing railroad- related noise emission standards for trains operating on the general railroad system of transportation at speeds exceeding 160 miles per hour, including noise related to magnetic levitation systems and other new technologies not traditionally associated with railroads. ``(2) Factors in rulemaking.--The regulations prescribed pursuant to paragraph (1) may-- ``(A) consider variances in maximum pass-by noise with respect to the speed of the equipment; ``(B) account for current engineering best practices; and ``(C) encourage the use of noise mitigation techniques to the extent reasonable if the benefits exceed the costs. ``(3) Conventional-speed trains.--Railroad-related noise regulations prescribed under subsection (a) shall continue to govern noise emissions from the operation of trains, including locomotives and rail cars, when operating at speeds not exceeding 160 miles per hour.''. (b) Technical Amendment.--The second sentence of section 17(b) of the Noise Control Act of 1972 (42 U.S.C. 4916(b)) is amended by striking ``the Safety Appliance Acts, the Interstate Commerce Act, and the Department of Transportation Act'' and inserting ``subtitle V of title 49, United States Code''. SEC. 22424. <<NOTE: 49 USC 20109 note.>> CRITICAL INCIDENT STRESS PLANS. The Secretary shall amend part 272 of title 49, Code of Federal Regulations, to the extent necessary to ensure that-- (1) the coverage of a critical incident stress plan under section 272.7 of such part includes employees of commuter railroads and intercity passenger railroads (as such terms are defined in section 272.9 of such part), including employees who directly interact with passengers; and (2) an assault against an employee requiring medical attention is included in the definition of critical incident under section 272.9 of such part. SEC. 22425. REQUIREMENTS FOR RAILROAD FREIGHT CARS PLACED INTO SERVICE IN THE UNITED STATES. (a) In General.--Subchapter II of chapter 201 of subtitle V of title 49, United States Code (as amended by section 22416(a)), is amended by adding at the end the following: [[Page 135 STAT. 753]] ``Sec. 20171. <<NOTE: 49 USC 20171.>> Requirements for railroad freight cars placed into service in the United States ``(a) Definitions.--In this section: ``(1) Component.--The term `component' means a part or subassembly of a railroad freight car. ``(2) Control.--The term `control' means the power, whether direct or indirect and whether or not exercised, through the ownership of a majority or a dominant minority of the total outstanding voting interest in an entity, representation on the board of directors of an entity, proxy voting on the board of directors of an entity, a special share in the entity, a contractual arrangement with the entity, a formal or informal arrangement to act in concert with an entity, or any other means, to determine, direct, make decisions, or cause decisions to be made for the entity. ``(3) Cost of sensitive technology.--The term `cost of sensitive technology' means the aggregate cost of the sensitive technology located on a railroad freight car. ``(4) Country of concern.--The term `country of concern' means a country that-- ``(A) is identified by the Department of Commerce as a nonmarket economy country (as defined in section 771(18) of the Tariff Act of 1930 (19 U.S.C. 1677(18))) as of the date of enactment of the Passenger Rail Expansion and Rail Safety Act of 2021; ``(B) was identified by the United States Trade Representative in the most recent report required by section 182 of the Trade Act of 1974 (19 U.S.C. 2242) as a foreign country included on the priority watch list (as defined in subsection (g)(3) of such section); and ``(C) is subject to monitoring by the Trade Representative under section 306 of the Trade Act of 1974 (19 U.S.C. 2416). ``(5) Net cost.--The term `net cost' has the meaning given such term in chapter 4 of the USMCA or any subsequent free trade agreement between the United States, Mexico, and Canada. ``(6) Qualified facility.--The term `qualified facility' means a facility that is not owned or under the control of a state-owned enterprise. ``(7) Qualified manufacturer.--The term `qualified manufacturer' means a railroad freight car manufacturer that is not owned or under the control of a state-owned enterprise. ``(8) Railroad freight car.--The term `railroad freight car' means a car designed to carry freight or railroad personnel by rail, including-- ``(A) a box car; ``(B) a refrigerator car; ``(C) a ventilator car; ``(D) an intermodal well car; ``(E) a gondola car; ``(F) a hopper car; ``(G) an auto rack car; ``(H) a flat car; ``(I) a special car; ``(J) a caboose car; ``(K) a tank car; and [[Page 135 STAT. 754]] ``(L) a yard car. ``(9) Sensitive technology.--The term `sensitive technology' means any device embedded with electronics, software, sensors, or other connectivity, that enables the device to connect to, collect data from, or exchange data with another device, including-- ``(A) onboard telematics; ``(B) remote monitoring software; ``(C) firmware; ``(D) analytics; ``(E) global positioning system satellite and cellular location tracking systems; ``(F) event status sensors; ``(G) predictive component condition and performance monitoring sensors; and ``(H) similar sensitive technologies embedded into freight railcar components and sub-assemblies. ``(10) State-owned enterprise.--The term `state-owned enterprise' means-- ``(A) an entity that is owned by, or under the control of, a national, provincial, or local government of a country of concern, or an agency of such government; or ``(B) an individual acting under the direction or influence of a government or agency described in subparagraph (A). ``(11) Substantially transformed.--The term `substantially transformed' means a component of a railroad freight car that undergoes an applicable change in tariff classification as a result of the manufacturing process, as described in chapter 4 and related annexes of the USMCA or any subsequent free trade agreement between the United States, Mexico, and Canada. ``(12) USMCA.--The term `USMCA' has the meaning given the term in section 3 of the United States-Mexico-Canada Agreement Implementation Act (19 U.S.C. 4502). ``(b) Requirements for Railroad Freight Cars.-- ``(1) <<NOTE: Effective date.>> Limitation on railroad freight cars.--A railroad freight car wholly manufactured on or after the date that is 1 year after the date of issuance of the regulations required under subsection (c)(1) may only operate on the United States general railroad system of transportation if-- ``(A) the railroad freight car is manufactured, assembled, and substantially transformed, as applicable, by a qualified manufacturer in a qualified facility; ``(B) none of the sensitive technology located on the railroad freight car, including components necessary to the functionality of the sensitive technology, originates from a country of concern or is sourced from a state-owned enterprise; and ``(C) none of the content of the railroad freight car, excluding sensitive technology, originates from a country of concern or is sourced from a state-owned enterprise that has been determined by a recognized court or administrative agency of competent jurisdiction and legal authority to have violated or infringed valid United States intellectual property rights of another including such a finding [[Page 135 STAT. 755]] by a Federal district court under title 35 or the U.S. International Trade Commission under section 337 of the Tariff Act of 1930 (19 U.S.C. 1337). ``(2) Limitation on railroad freight car content.-- ``(A) Percentage limitation.-- ``(i) <<NOTE: Deadline.>> Initial limitation.--Not later than 1 year after the date of issuance of the regulations required under subsection (c)(1), a railroad freight car described in paragraph (1) may operate on the United States general railroad system of transportation only if not more than 20 percent of the content of the railroad freight car, calculated by the net cost of all components of the car and excluding the cost of sensitive technology, originates from a country of concern or is sourced from a state-owned enterprise. ``(ii) <<NOTE: Effective date.>> Subsequent limitation.--Effective beginning on the date that is 3 years after the date of issuance of the regulations required under subsection (c)(1), a railroad freight car described in paragraph (1) may operate on the United States general railroad system of transportation only if not more than 15 percent of the content of the railroad freight car, calculated by the net cost of all components of the car and excluding the cost of sensitive technology, originates from a country of concern or is sourced from a state-owned enterprise. ``(B) <<NOTE: Applicability.>> Conflict.--The percentages specified in clauses (i) and (ii) of subparagraph (A), as applicable, shall apply notwithstanding any apparent conflict with provisions of chapter 4 of the USMCA. ``(c) Regulations and Penalties.-- ``(1) <<NOTE: Deadline.>> Regulations required.--Not later than 2 years after the date of enactment of the Passenger Rail Expansion and Rail Safety Act of 2021, the Secretary of Transportation shall issue such regulations as are necessary to carry out this section, including for the monitoring and sensitive technology requirements of this section. ``(2) Certification required.--To be eligible to provide a railroad freight car for operation on the United States general railroad system of transportation, the manufacturer of such car shall annually certify to the Secretary of Transportation that any railroad freight cars to be so provided meet the requirements under this section. ``(3) Compliance.-- ``(A) Valid certification required.--At the time a railroad freight car begins operation on the United States general railroad system of transportation, the manufacturer of such railroad freight car shall have valid certification described in paragraph (2) for the year in which such car begins operation. ``(B) Registration of noncompliant cars prohibited.--A railroad freight car manufacturer may not register, or cause to be registered, a railroad freight car that does not comply with the requirements under this section in the Association of American Railroad's Umler system. ``(4) Civil penalties.-- [[Page 135 STAT. 756]] ``(A) In general.--Pursuant to section 21301, the Secretary of Transportation may assess a civil penalty of not less than $100,000, but not more than $250,000, for each violation of this section for each railroad freight car. ``(B) <<NOTE: Determination.>> Prohibition on operation for violations.--The Secretary of Transportation may prohibit a railroad freight car manufacturer with respect to which the Secretary has assessed more than 3 violations under subparagraph (A) from providing additional railroad freight cars for operation on the United States general railroad system of transportation until the Secretary determines-- ``(i) such manufacturer is in compliance with this section; and ``(ii) all civil penalties assessed to such manufacturer pursuant to subparagraph (A) have been paid in full.''. (b) Clerical Amendment.--The analysis for chapter 201 of subtitle V of title 49, United States Code (as amended by section 22416(b)), <<NOTE: 49 USC 20101 prec.>> is amended by adding at the end the following: ``20171. Requirements for railroad freight cars placed into service in the United States.''. SEC. 22426. <<NOTE: 49 USC 20103 note.>> RAILROAD POINT OF CONTACT FOR PUBLIC SAFETY ISSUES. All railroads shall-- (1) provide railroad contact information for public safety issues, including a telephone number, to the relevant Federal, State, and local oversight agencies; and (2) <<NOTE: Public information. Web posting.>> post the information described in paragraph (1) on a publicly accessible website. SEC. 22427. <<NOTE: Deadline. 49 USC 20140 note.>> CONTROLLED SUBSTANCES TESTING FOR MECHANICAL EMPLOYEES. Not later than 180 days after the date of enactment of this Act, the Secretary shall amend the regulations under part 219 of title 49, Code of Federal Regulations, to require all mechanical employees of railroads to be subject to all of the breath or body fluid testing set forth in subpart C, D, and E of such part, including random testing, reasonable suspicion testing, reasonable cause testing, pre-employment testing, return-to-duty testing, and follow-up testing. TITLE III--MOTOR CARRIER SAFETY SEC. 23001. <<NOTE: Time periods.>> AUTHORIZATION OF APPROPRIATIONS. (a) Administrative Expenses.--Section 31110 of title 49, United States Code, is amended by striking subsection (a) and inserting the following: ``(a) Administrative Expenses.--There are authorized to be appropriated from the Highway Trust Fund (other than the Mass Transit Account) for the Secretary of Transportation to pay administrative expenses of the Federal Motor Carrier Safety Administration-- ``(1) $360,000,000 for fiscal year 2022; ``(2) $367,500,000 for fiscal year 2023; ``(3) $375,000,000 for fiscal year 2024; ``(4) $382,500,000 for fiscal year 2025; and [[Page 135 STAT. 757]] ``(5) $390,000,000 for fiscal year 2026.''. (b) Financial Assistance Programs.--Section 31104 of title 49, United States Code, is amended-- (1) by striking subsection (a) and inserting the following: ``(a) Financial Assistance Programs.--There are authorized to be appropriated from the Highway Trust Fund (other than the Mass Transit Account)-- ``(1) subject to subsection (c), to carry out the motor carrier safety assistance program under section 31102 (other than the high priority program under subsection (l) of that section)-- ``(A) $390,500,000 for fiscal year 2022; ``(B) $398,500,000 for fiscal year 2023; ``(C) $406,500,000 for fiscal year 2024; ``(D) $414,500,000 for fiscal year 2025; and ``(E) $422,500,000 for fiscal year 2026; ``(2) subject to subsection (c), to carry out the high priority program under section 31102(l) (other than the commercial motor vehicle enforcement training and support grant program under paragraph (5) of that section)-- ``(A) $57,600,000 for fiscal year 2022; ``(B) $58,800,000 for fiscal year 2023; ``(C) $60,000,000 for fiscal year 2024; ``(D) $61,200,000 for fiscal year 2025; and ``(E) $62,400,000 for fiscal year 2026; ``(3) to carry out the commercial motor vehicle enforcement training and support grant program under section 31102(l)(5), $5,000,000 for each of fiscal years 2022 through 2026; ``(4) to carry out the commercial motor vehicle operators grant program under section 31103-- ``(A) $1,100,000 for fiscal year 2022; ``(B) $1,200,000 for fiscal year 2023; ``(C) $1,300,000 for fiscal year 2024; ``(D) $1,400,000 for fiscal year 2025; and ``(E) $1,500,000 for fiscal year 2026; and ``(5) subject to subsection (c), to carry out the financial assistance program for commercial driver's license implementation under section 31313-- ``(A) $41,800,000 for fiscal year 2022; ``(B) $42,650,000 for fiscal year 2023; ``(C) $43,500,000 for fiscal year 2024; ``(D) $44,350,000 for fiscal year 2025; and ``(E) $45,200,000 for fiscal year 2026.''; (2) in subsection (b)(2)-- (A) in the third sentence, by striking ``The Secretary'' and inserting the following: ``(C) In-kind contributions.--The Secretary''; (B) in the second sentence, by striking ``The Secretary'' and inserting the following: ``(B) Limitation.--The Secretary''; (C) in the first sentence-- (i) by inserting ``(except subsection (l)(5) of that section)'' after ``section 31102''; and (ii) by striking ``The Secretary'' and inserting the following: ``(A) Reimbursement percentage.-- ``(i) In general.--The Secretary''; and [[Page 135 STAT. 758]] (D) in subparagraph (A) (as so designated), by adding at the end the following: ``(ii) <<NOTE: Reimbursement.>> Commercial motor vehicle enforcement training and support grant program.--The Secretary shall reimburse a recipient, in accordance with a financial assistance agreement made under section 31102(l)(5), an amount that is equal to 100 percent of the costs incurred by the recipient in a fiscal year in developing and implementing a training program under that section.''; (3) in subsection (c)-- (A) in the subsection heading, by striking ``Partner Training and''; (B) in the first sentence-- (i) by striking ``(4)'' and inserting ``(5)''; and (ii) by striking ``partner training and''; and (C) by striking the second sentence; and (4) in subsection (f)-- (A) in paragraph (1), by striking ``for the next fiscal year'' and inserting ``for the next 2 fiscal years''; (B) in paragraph (4), by striking ``for the next fiscal year'' and inserting ``for the next 2 fiscal years''; (C) by redesignating paragraphs (4) and (5) as paragraphs (5) and (6), respectively; and (D) by inserting after paragraph (3) the following: ``(4) For grants made for carrying out section 31102(l)(5), for the fiscal year in which the Secretary approves the financial assistance agreement and for the next 4 fiscal years.''; and (5) in subsection (i)-- (A) by striking ``Amounts not expended'' and inserting the following: ``(1) In general.--Except as provided in paragraph (2), amounts not expended''; and (B) by adding at the end the following: ``(2) Motor carrier safety assistance program.--Amounts made available for the motor carrier safety assistance program established under section 31102 (other than amounts made available to carry out section 31102(l)) that are not expended by a recipient during the period of availability shall be released back to the Secretary for reallocation under that program.''. (c) Enforcement Data Updates.--Section 31102(h)(2)(A) of title 49, United States Code, is amended by striking ``2004 and 2005'' and inserting ``2014 and 2015''. SEC. 23002. MOTOR CARRIER SAFETY ADVISORY COMMITTEE. Section 4144 of the SAFETEA-LU (49 U.S.C. 31100 note; Public Law 109-59) is amended-- (1) in subsection (b)(1), in the second sentence, by inserting ``, including small business motor carriers'' after ``industry''; and (2) in subsection (d), by striking ``September 30, 2013'' and inserting ``September 30, 2025''. SEC. 23003. COMBATING HUMAN TRAFFICKING. Section 31102(l) of title 49, United States Code, is amended-- (1) in paragraph (2)-- [[Page 135 STAT. 759]] (A) in subparagraph (G)(ii), by striking ``and'' at the end; (B) by redesignating subparagraph (H) as subparagraph (J); and (C) by inserting after subparagraph (G) the following: ``(H) support, through the use of funds otherwise available for such purposes-- ``(i) the recognition, prevention, and reporting of human trafficking, including the trafficking of human beings-- ``(I) in a commercial motor vehicle; or ``(II) by any occupant, including the operator, of a commercial motor vehicle; ``(ii) the detection of criminal activity or any other violation of law relating to human trafficking; and ``(iii) enforcement of laws relating to human trafficking; ``(I) otherwise support the recognition, prevention, and reporting of human trafficking; and''; and (2) in paragraph (3)(D)-- (A) in clause (ii), by striking ``and'' at the end; (B) in clause (iii), by striking the period at the end and inserting a semicolon; and (C) by adding at the end the following: ``(iv) for the detection of, and enforcement actions taken as a result of, criminal activity (including the trafficking of human beings)-- ``(I) in a commercial motor vehicle; or ``(II) by any occupant, including the operator, of a commercial motor vehicle; and ``(v) in addition to any funds otherwise made available for the recognition, prevention, and reporting of human trafficking, to support the recognition, prevention, and reporting of human trafficking.''. SEC. 23004. IMMOBILIZATION GRANT PROGRAM. Section 31102(l) of title 49, United States Code, is amended by adding at the end the following: ``(4) Immobilization grant program.-- ``(A) Definition of passenger-carrying commercial motor vehicle.--In this paragraph, the term `passenger- carrying commercial motor vehicle' has the meaning given the term `commercial motor vehicle' in section 31301. ``(B) Establishment.--The Secretary shall establish an immobilization grant program under which the Secretary shall provide to States discretionary grants for the immobilization or impoundment of passenger- carrying commercial motor vehicles that-- ``(i) <<NOTE: Determination.>> are determined to be unsafe; or ``(ii) fail inspection. ``(C) <<NOTE: Consultation. Determination.>> List of criteria for immobilization.--The Secretary, in consultation with State commercial motor vehicle entities, shall develop a list of commercial motor vehicle safety violations and defects that the Secretary determines warrant the immediate immobilization of a passenger-carrying commercial motor vehicle. [[Page 135 STAT. 760]] ``(D) Eligibility.--A State shall be eligible to receive a grant under this paragraph only if the State has the authority to require the immobilization or impoundment of a passenger-carrying commercial motor vehicle-- ``(i) with respect to which a motor vehicle safety violation included in the list developed under subparagraph (C) is determined to exist; or ``(ii) that is determined to have a defect included in that list. ``(E) Use of funds.--A grant provided under this paragraph may be used for-- ``(i) the immobilization or impoundment of passenger-carrying commercial motor vehicles described in subparagraph (D); ``(ii) safety inspections of those passenger- carrying commercial motor vehicles; and ``(iii) any other activity relating to an activity described in clause (i) or (ii), as determined by the Secretary. ``(F) Secretary authorization.--The Secretary may provide to a State amounts for the costs associated with carrying out an immobilization program using funds made available under section 31104(a)(2).''. SEC. 23005. COMMERCIAL MOTOR VEHICLE ENFORCEMENT TRAINING AND SUPPORT. Section 31102(l) of title 49, United States Code (as amended by section 23004), is amended-- (1) in paragraph (1), by striking ``(2) and (3)'' and inserting ``(2) through (5)''; and (2) by adding at the end the following: ``(5) Commercial motor vehicle enforcement training and support grant program.-- ``(A) In general.--The Secretary shall administer a commercial motor vehicle enforcement training and support grant program funded under section 31104(a)(3), under which the Secretary shall make discretionary grants to eligible entities described in subparagraph (C) for the purposes described in subparagraph (B). ``(B) Purposes.--The purposes of the grant program under subparagraph (A) are-- ``(i) to train non-Federal employees who conduct commercial motor vehicle enforcement activities; and ``(ii) to develop related training materials. ``(C) Eligible entities.--An entity eligible for a discretionary grant under the program described in subparagraph (A) is a nonprofit organization that has-- ``(i) expertise in conducting a training program for non-Federal employees; and ``(ii) the ability to reach and involve in a training program a target population of commercial motor vehicle safety enforcement employees.''. SEC. 23006. STUDY OF COMMERCIAL MOTOR VEHICLE CRASH CAUSATION. (a) Definitions.--In this section: [[Page 135 STAT. 761]] (1) Commercial motor vehicle.--The term ``commercial motor vehicle'' has the meaning given the term in section 31132 of title 49, United States Code. (2) Study.--The term ``study'' means the study carried out under subsection (b). (b) Study.--The Secretary shall carry out a comprehensive study-- (1) <<NOTE: Determination.>> to determine the causes of, and contributing factors to, crashes that involve a commercial motor vehicle; and (2) <<NOTE: Data.>> to identify data requirements, data collection procedures, reports, and any other measures that can be used to improve the ability of States and the Secretary-- (A) <<NOTE: Evaluation.>> to evaluate future crashes involving commercial motor vehicles; (B) to monitor crash trends and identify causes and contributing factors; and (C) to develop effective safety improvement policies and programs. (c) Design.--The study shall be designed to yield information that can be used to help policy makers, regulators, and law enforcement identify activities and other measures that are likely to lead to reductions in-- (1) the frequency of crashes involving a commercial motor vehicle; (2) the severity of crashes involving a commercial motor vehicle; and (3) fatalities and injuries. (d) Consultation.--In designing and carrying out the study, the Secretary may consult with individuals or entities with expertise on-- (1) crash causation and prevention; (2) commercial motor vehicles, commercial drivers, and motor carriers, including passenger carriers; (3) highways and noncommercial motor vehicles and drivers; (4) Federal and State highway and motor carrier safety programs; (5) research methods and statistical analysis; and (6) other relevant topics, as determined by the Secretary. (e) Public Comment.--The Secretary shall make available for public comment information about the objectives, methodology, implementation, findings, and other aspects of the study. (f) <<NOTE: Recommenda- tions.>> Reports.--As soon as practicable after the date on which the study is completed, the Secretary shall submit to Congress a report describing the results of the study and any legislative recommendations to facilitate reductions in the matters described in paragraphs (1) through (3) of subsection (c). SEC. 23007. PROMOTING WOMEN IN THE TRUCKING WORKFORCE. (a) Findings.--Congress finds that-- (1) women make up 47 percent of the workforce of the United States; (2) women are significantly underrepresented in the trucking industry, holding only 24 percent of all transportation and warehousing jobs and representing only-- (A) 6.6 percent of truck drivers; [[Page 135 STAT. 762]] (B) 12.5 percent of all workers in truck transportation; and (C) 8 percent of freight firm owners; (3) given the total number of women truck drivers, women are underrepresented in the truck-driving workforce; and (4) women truck drivers have been shown to be 20 percent less likely than male counterparts to be involved in a crash. (b) Sense of Congress Regarding Women in Trucking.--It is the sense of Congress that the trucking industry should explore every opportunity to encourage and support the pursuit and retention of careers in trucking by women, including through programs that support recruitment, driver training, and mentorship. (c) Definitions.--In this section: (1) Administrator.--The term ``Administrator'' means the Administrator of the Federal Motor Carrier Safety Administration. (2) Board.--The term ``Board'' means the Women of Trucking Advisory Board established under subsection (d)(1). (3) Large trucking company.--The term ``large trucking company'' means a motor carrier (as defined in section 13102 of title 49, United States Code) with more than 100 power units. (4) Mid-sized trucking company.--The term ``mid-sized trucking company'' means a motor carrier (as defined in section 13102 of title 49, United States Code) with not fewer than 11 power units and not more than 100 power units. (5) Power unit.--The term ``power unit'' means a self- propelled vehicle under the jurisdiction of the Federal Motor Carrier Safety Administration. (6) Small trucking company.--The term ``small trucking company'' means a motor carrier (as defined in section 13102 of title 49, United States Code) with not fewer than 1 power unit and not more than 10 power units. (d) Women of Trucking Advisory Board.-- (1) Establishment.--To encourage women to enter the field of trucking, the Administrator shall establish and facilitate an advisory board, to be known as the ``Women of Trucking Advisory Board'', to review and report on policies that-- (A) provide education, training, mentorship, or outreach to women in the trucking industry; and (B) recruit, retain, or advance women in the trucking industry. (2) Membership.-- (A) In general.--The Board shall be composed of not fewer than 8 members whose backgrounds, experience, and certifications allow those members to contribute balanced points of view and diverse ideas regarding the matters described in paragraph (3)(B). (B) Appointment.-- (i) <<NOTE: Deadline.>> In general.--Not later than 270 days after the date of enactment of this Act, the Administrator shall appoint the members of the Board, of whom-- (I) not fewer than 1 shall be a representative of large trucking companies; (II) not fewer than 1 shall be a representative of mid-sized trucking companies; [[Page 135 STAT. 763]] (III) not fewer than 1 shall be a representative of small trucking companies; (IV) not fewer than 1 shall be a representative of nonprofit organizations in the trucking industry; (V) not fewer than 1 shall be a representative of trucking business associations; (VI) not fewer than 1 shall be a representative of independent owner- operators; (VII) not fewer than 1 shall be a woman who is a professional truck driver; and (VIII) not fewer than 1 shall be a representative of an institution of higher education or trucking trade school. (ii) Diversity.--A member of the Board appointed under any of subclauses (I) through (VIII) of clause (i) may not be appointed under any other subclause of that clause. (C) Terms.--Each member shall be appointed for the life of the Board. (D) Compensation.--A member of the Board shall serve without compensation. (3) Duties.-- (A) In general.--The Board shall identify-- (i) barriers and industry trends that directly or indirectly discourage women from pursuing and retaining careers in trucking, including-- (I) any particular barriers and trends that impact women minority groups; (II) any particular barriers and trends that impact women who live in rural, suburban, or urban areas; and (III) any safety risks unique to women in the trucking industry; (ii) ways in which the functions of trucking companies, nonprofit organizations, training and education providers, and trucking associations may be coordinated to facilitate support for women pursuing careers in trucking; (iii) opportunities to expand existing opportunities for women in the trucking industry; and (iv) opportunities to enhance trucking training, mentorship, education, and advancement and outreach programs that would increase the number of women in the trucking industry. (B) <<NOTE: Recommenda- tions.>> Report.--Not later than 2 years after the date of enactment of this Act, the Board shall submit to the Administrator a report containing the findings and recommendations of the Board, including recommendations that companies, associations, institutions, other organizations, or the Administrator may adopt-- (i) to address any industry trends identified under subparagraph (A)(i); (ii) <<NOTE: Coordination.>> to coordinate the functions of trucking companies, nonprofit organizations, and trucking associations in a manner that facilitates support for women pursuing careers in trucking; [[Page 135 STAT. 764]] (iii)(I) to take advantage of any opportunities identified under subparagraph (A)(iii); and (II) to create new opportunities to expand existing scholarship opportunities for women in the trucking industry; and (iv) to enhance trucking training, mentorship, education, and outreach programs that are exclusive to women. (4) Report to congress.-- (A) In general.--Not later than 3 years after the date of enactment of this Act, the Administrator shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report describing-- (i) the findings and recommendations of the Board under paragraph (3)(B); and (ii) any actions taken by the Administrator to adopt the recommendations of the Board (or an explanation of the reasons for not adopting the recommendations). (B) Public availability.--The Administrator shall make the report under subparagraph (A) publicly available-- (i) <<NOTE: Web posting.>> on the website of the Federal Motor Carrier Safety Administration; and (ii) in appropriate offices of the Federal Motor Carrier Safety Administration. (5) Termination.--The Board shall terminate on submission of the report to Congress under paragraph (4). SEC. 23008. <<NOTE: 49 USC 31142 note.>> STATE INSPECTION OF PASSENGER-CARRYING COMMERCIAL MOTOR VEHICLES. (a) <<NOTE: Deadline.>> In General.--Not later than 1 year after the date of enactment of this Act, the Secretary shall solicit additional comment on the advance notice of proposed rulemaking entitled ``State Inspection Programs for Passenger-Carrier Vehicles'' (81 Fed. Reg. 24769 (April 27, 2016)). (b) Final Rule.-- (1) <<NOTE: Determination.>> In general.--After reviewing all comments received in response to the solicitation under subsection (a), if the Secretary determines that data and information exist to support moving forward with a final rulemaking action, the Secretary shall issue a final rule relating to the advance notice of proposed rulemaking described in that subsection. (2) Considerations.--In determining whether to issue a final rule under paragraph (1), the Secretary shall consider the impact of continuing to allow self-inspection as a means to satisfy periodic inspection requirements on the safety of passenger carrier operations. SEC. 23009. TRUCK LEASING TASK FORCE. (a) <<NOTE: Deadline. Consultation.>> Establishment.--Not later than 180 days after the date of enactment of this Act, the Secretary, in consultation with the Secretary of Labor, shall establish a task force, to be known as the ``Truck Leasing Task Force'' (referred to in this section as the ``Task Force''). (b) Membership.-- [[Page 135 STAT. 765]] (1) In general.--The Secretary shall select not more than 10 individuals to serve as members of the Task Force, including at least 1 representative from each of the following: (A) Labor organizations. (B) Motor carriers that provide lease-purchase agreements to owner-operators. (C) Consumer protection groups. (D) Members of the legal profession who specialize in consumer finance issues, including experience with lease-purchase agreements. (E) Owner-operators in the trucking industry with experience regarding lease-purchase agreements. (F) Businesses that provide or are subject to lease- purchase agreements in the trucking industry. (2) Compensation.--A member of the Task Force shall serve without compensation. (c) Duties.--The Task Force shall examine, at a minimum-- (1) common truck leasing arrangements available to commercial motor vehicle drivers, including lease-purchase agreements; (2) the terms of the leasing agreements described in paragraph (1); (3)(A) the existence of inequitable leasing agreements and terms in the motor carrier industry; (B) whether any such inequitable terms and agreements affect the frequency of maintenance performed on vehicles subject to those agreements; and (C) whether any such inequitable terms and agreements affect whether a vehicle is kept in a general state of good repair; (4) specific agreements available to drayage drivers at ports relating to the Clean Truck Program or any similar program to decrease emissions from port operations; (5) the impact of truck leasing agreements on the net compensation of commercial motor vehicle drivers, including port drayage drivers; (6) whether truck leasing agreements properly incentivize the safe operation of vehicles, including driver compliance with the hours of service regulations and laws governing speed and safety generally; (7) resources to assist commercial motor vehicle drivers in assessing the financial impacts of leasing agreements; and (8)(A) the opportunity that equitable leasing agreements provide for drivers to start or expand trucking companies; and (B) the history of motor carriers starting from single owner-operators. (d) Report.--On completion of the examination under subsection (c), the Task Force shall submit to the Secretary, the Secretary of Labor, and the appropriate committees of Congress a report containing-- (1) the findings of the Task Force with respect to the matters described in subsection (c); (2) best practices relating to-- (A) assisting a commercial motor vehicle driver in assessing the impacts of leasing agreements prior to entering into such an agreement; [[Page 135 STAT. 766]] (B) assisting a commercial motor vehicle driver who has entered into a predatory lease agreement; and (C) preventing coercion and impacts on safety as described in section 31136 of title 49, United States Code; and (3) <<NOTE: Recommenda- tions.>> recommendations relating to changes to laws (including regulations), as applicable, at the Federal, State, or local level to promote fair leasing agreements under which a commercial motor vehicle driver, including a short haul driver, who is a party to such an agreement is able to earn a rate commensurate with other commercial motor vehicle drivers performing similar duties. (e) Termination.--Not later than 30 days after the date on which the report under subsection (d) is submitted, the Task Force shall terminate. SEC. 23010. <<NOTE: 49 USC 31136 note.>> AUTOMATIC EMERGENCY BRAKING. (a) Definitions.--In this section: (1) Automatic emergency braking system.--The term ``automatic emergency braking system'' means a system on a commercial motor vehicle that, based on a predefined distance and closing rate with respect to an obstacle in the path of the commercial motor vehicle-- (A) alerts the driver of the obstacle; and (B) if necessary to avoid or mitigate a collision with the obstacle, automatically applies the brakes of the commercial motor vehicle. (2) Commercial motor vehicle.--The term ``commercial motor vehicle'' has the meaning given the term in section 31101 of title 49, United States Code. (b) Federal Motor Vehicle Safety Standard.-- (1) <<NOTE: Deadline.>> In general.--Not later than 2 years after the date of enactment of this Act, the Secretary shall-- (A) prescribe a motor vehicle safety standard under section 30111 of title 49, United States Code, that requires any commercial motor vehicle subject to section 571.136 of title 49, Code of Federal Regulations (relating to Federal Motor Vehicle Safety Standard Number 136) (or a successor regulation) that is manufactured after the effective date of the standard prescribed under this subparagraph to be equipped with an automatic emergency braking system; and (B) as part of the standard under subparagraph (A), establish performance requirements for automatic emergency braking systems. (2) Considerations.--Prior to prescribing the motor vehicle safety standard under paragraph (1)(A), the Secretary shall-- (A) <<NOTE: Review.>> conduct a review of automatic emergency braking systems in use in applicable commercial motor vehicles and address any identified deficiencies with respect to those automatic emergency braking systems in the rulemaking proceeding to prescribe the standard, if practicable; and (B) <<NOTE: Consultation.>> consult with representatives of commercial motor vehicle drivers regarding the experiences of drivers with automatic emergency braking systems in use in applicable commercial motor vehicles, including any malfunctions or [[Page 135 STAT. 767]] unwarranted activations of those automatic emergency braking systems. (c) <<NOTE: Deadline.>> Federal Motor Carrier Safety Regulation.-- Not later than 1 year after the date of enactment of this Act, the Secretary shall prescribe a regulation under section 31136 of title 49, United States Code, that requires that an automatic emergency braking system installed in a commercial motor vehicle manufactured after the effective date of the standard prescribed under subsection (b)(1)(A) that is in operation on or after that date and is subject to section 571.136 of title 49, Code of Federal Regulations (relating to Federal Motor Vehicle Safety Standard Number 136) (or a successor regulation) be used at any time during which the commercial motor vehicle is in operation. (d) Report on Automatic Emergency Braking in Other Commercial Motor Vehicles.-- (1) <<NOTE: Deadline. Assessment.>> Study.--Not later than 2 years after the date of enactment of this Act, the Secretary shall complete a study on equipping a variety of commercial motor vehicles not subject to section 571.136 of title 49, Code of Federal Regulations (relating to Federal Motor Vehicle Safety Standard Number 136) (or a successor regulation) as of that date of enactment with automatic emergency braking systems to avoid or mitigate a collision with an obstacle in the path of the commercial motor vehicle, including an assessment of the feasibility, benefits, and costs associated with installing automatic emergency braking systems on a variety of newly manufactured commercial motor vehicles with a gross vehicle weight rating greater than 10,001 pounds. (2) <<NOTE: Contracts.>> Independent research.--If the Secretary enters into a contract with a third party to perform research relating to the study required under paragraph (1), the Secretary shall ensure that the third party does not have any financial or contractual ties to, or relationships with-- (A) a motor carrier that transports passengers or property for compensation; (B) the motor carrier industry; or (C) an entity producing or supplying automatic emergency braking systems. (3) <<NOTE: Deadline.>> Public comment.--Not later than 90 days after the date on which the study under paragraph (1) is completed, the Secretary shall-- (A) <<NOTE: Notice. Federal Register, publication.>> issue a notice in the Federal Register containing the findings of the study; and (B) provide an opportunity for public comment. (4) Report to congress.--Not later than 90 days after the conclusion of the public comment period under paragraph (3)(B), the Secretary shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committees on Transportation and Infrastructure and Energy and Commerce of the House of Representatives a report that includes-- (A) the results of the study under paragraph (1); (B) <<NOTE: Summary.>> a summary of any comments received under paragraph (3)(B); and (C) <<NOTE: Determination.>> a determination as to whether the Secretary intends to develop performance requirements for automatic emergency braking systems for applicable commercial [[Page 135 STAT. 768]] motor vehicles, including any analysis that led to that determination. (5) <<NOTE: Deadline. Determinations.>> Rulemaking.--Not later than 2 years after the date on which the study under paragraph (1) is completed, the Secretary shall-- (A) determine whether a motor vehicle safety standard relating to equipping the commercial motor vehicles described in that paragraph with automatic emergency braking systems would meet the requirements and considerations described in subsections (a) and (b) of section 30111 of title 49, United States Code; and (B) if the Secretary determines that a motor vehicle safety standard described in subparagraph (A) would meet the requirements and considerations described in that subparagraph, initiate a rulemaking to prescribe such a motor vehicle safety standard. SEC. 23011. <<NOTE: 49 USC 39111 note.>> UNDERRIDE PROTECTION. (a) Definitions.--In this section: (1) Committee.--The term ``Committee'' means the Advisory Committee on Underride Protection established under subsection (d)(1). (2) Motor carrier.--The term ``motor carrier'' has the meaning given the term in section 13102 of title 49, United States Code. (3) Passenger motor vehicle.--The term ``passenger motor vehicle'' has the meaning given the term in section 32101 of title 49, United States Code. (4) Underride crash.--The term ``underride crash'' means a crash in which a trailer or semitrailer intrudes into the passenger compartment of a passenger motor vehicle. (b) Rear Underride Guards.-- (1) Trailers and semitrailers.-- (A) <<NOTE: Deadline. Regulations. Requirement.>> In general.--Not later than 1 year after the date of enactment of this Act, the Secretary shall promulgate such regulations as are necessary to revise sections 571.223 and 571.224 of title 49, Code of Federal Regulations (relating to Federal Motor Vehicle Safety Standard Numbers 223 and 224, respectively), to require trailers and semitrailers manufactured after the date on which those regulations are promulgated to be equipped with rear impact guards that are designed to prevent passenger compartment intrusion from a trailer or semitrailer when a passenger motor vehicle traveling at 35 miles per hour makes-- (i) an impact in which the passenger motor vehicle impacts the center of the rear of the trailer or semitrailer; (ii) an impact in which 50 percent of the width of the passenger motor vehicle overlaps the rear of the trailer or semitrailer; and (iii) <<NOTE: Determination.>> an impact in which 30 percent of the width of the passenger motor vehicle overlaps the rear of the trailer or semitrailer, if the Secretary determines that a revision of sections 571.223 and 571.224 of title 49, Code of Federal Regulations (relating to Federal Motor Vehicle Safety Standard Numbers 223 and 224, [[Page 135 STAT. 769]] respectively) to address such an impact would meet the requirements and considerations described in subsections (a) and (b) of section 30111 of title 49, United States Code. (B) <<NOTE: Compliance. Deadline.>> Effective date.--The regulations promulgated under subparagraph (A) shall require full compliance with each Federal Motor Vehicle Safety Standard revised pursuant to those regulations not later than 2 years after the date on which those regulations are promulgated. (2) Additional research.--The Secretary shall conduct additional research on the design and development of rear impact guards that can-- (A) prevent underride crashes in cases in which the passenger motor vehicle is traveling at speeds of up to 65 miles per hour; and (B) protect passengers in passenger motor vehicles against severe injury in crashes in which the passenger motor vehicle is traveling at speeds of up to 65 miles per hour. (3) <<NOTE: Deadline.>> Review of standards.--Not later than 5 years after the date on which the regulations under paragraph (1)(A) are promulgated, the Secretary shall-- (A) review the Federal Motor Vehicle Safety Standards revised pursuant to those regulations and any other requirements of those regulations relating to rear underride guards on trailers or semitrailers to evaluate the need for changes in response to advancements in technology; and (B) <<NOTE: Update.>> update those Federal Motor Vehicle Safety Standards and those regulations accordingly. (4) Inspections.-- (A) <<NOTE: Deadline. Regulations.>> In general.-- Not later than 1 year after the date of enactment of this Act, the Secretary shall promulgate such regulations as are necessary to revise the regulations relating to minimum periodic inspection standards under appendix G to subchapter B of chapter III of title 49, Code of Federal Regulations, and the regulations relating to driver vehicle inspection reports under section 396.11 of that title to include requirements relating to rear impact guards and rear end protection that are consistent with the requirements described in section 393.86 of that title. (B) Considerations.--In revising the regulations described in subparagraph (A), the Secretary shall consider it to be a defect or a deficiency if a rear impact guard is missing an, or has a corroded or compromised, element that affects the structural integrity and protective feature of the rear impact guard. (c) Side Underride Guards.-- (1) <<NOTE: Deadline.>> In general.--Not later than 1 year after the date of enactment of this Act, the Secretary shall-- (A) complete additional research on side underride guards to better understand the overall effectiveness of side underride guards; (B) <<NOTE: Assessment.>> assess the feasibility, benefits, and costs of, and any impacts on intermodal equipment, freight mobility (including port operations), and freight capacity associated [[Page 135 STAT. 770]] with, installing side underride guards on newly manufactured trailers and semitrailers with a gross vehicle weight rating of 10,000 pounds or more; (C) consider the unique structural and operational aspects of-- (i) intermodal chassis (as defined in section 340.2 of title 46, Code of Federal Regulations; and (ii) pole trailers (as defined in section 390.5 of title 49, Code of Federal Regulations; and (D) <<NOTE: Standards.>> if warranted, develop performance standards for side underride guards. (2) <<NOTE: Contracts.>> Independent research.--If the Secretary enters into a contract with a third party to perform the research required under paragraph (1)(A), the Secretary shall ensure that the third party does not have any financial or contractual ties to, or relationships with-- (A) a motor carrier that transports passengers or property for compensation; (B) the motor carrier industry; or (C) an entity producing or supplying underride guards. (3) <<NOTE: Deadline.>> Publication of assessment.--Not later than 90 days after completion of the assessment required under paragraph (1)(B), the Secretary shall-- (A) <<NOTE: Notice. Federal Register, publication.>> issue a notice in the Federal Register containing the findings of the assessment; and (B) <<NOTE: Public comment.>> provide an opportunity for public comment. (4) Report to congress.--Not later than 90 days after the conclusion of the public comment period under paragraph (3)(B), the Secretary shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report that includes-- (A) the results of the assessment under paragraph (1)(B); (B) <<NOTE: Summary.>> a summary of any comments received by the Secretary under paragraph (3)(B); and (C) <<NOTE: Determination. Analysis.>> a determination as to whether the Secretary intends to develop performance requirements for side underride guards, including any analysis that led to that determination. (d) Advisory Committee on Underride Protection.-- (1) <<NOTE: Recommenda-tions.>> Establishment.--The Secretary shall establish an Advisory Committee on Underride Protection to provide advice and recommendations to the Secretary on safety regulations to reduce underride crashes and fatalities relating to underride crashes. (2) Membership.-- (A) <<NOTE: Appointments.>> In general.--The Committee shall be composed of not more than 20 members, appointed by the Secretary, who-- (i) are not employees of the Department; and (ii) are qualified to serve on the Committee because of their expertise, training, or experience. (B) Representation.--The Committee shall include 2 representatives of each of the following: (i) Truck and trailer manufacturers. [[Page 135 STAT. 771]] (ii) Motor carriers, including independent owner-operators. (iii) Law enforcement. (iv) Motor vehicle engineers. (v) Motor vehicle crash investigators. (vi) Truck safety organizations. (vii) The insurance industry. (viii) Emergency medical service providers. (ix) Families of underride crash victims. (x) Labor organizations. (3) Compensation.--Members of the Committee shall serve without compensation. (4) <<NOTE: Time period.>> Meetings.--The Committee shall meet not less frequently than annually. (5) Support.--On request of the Committee, the Secretary shall provide information, administrative services, and supplies necessary for the Committee to carry out the duties of the Committee. (6) Report.--The Committee shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a biennial report that-- (A) <<NOTE: Recommenda- tions.>> describes the advice and recommendations made to the Secretary; and (B) <<NOTE: Assessment.>> includes an assessment of progress made by the Secretary in advancing safety regulations relating to underride crashes. (e) <<NOTE: Deadline.>> Data Collection.--Not later than 1 year after the date of enactment of this Act, the Secretary shall implement the recommendations described in the report of the Government Accountability Office entitled ``Truck Underride Guards: Improved Data Collection, Inspections, and Research Needed'', published on March 14, 2019, and numbered GAO-19-264. SEC. 23012. PROVIDERS OF RECREATIONAL ACTIVITIES. Section 13506(b) of title 49, United States Code, is amended-- (1) in paragraph (2), by striking ``or'' at the end; (2) in paragraph (3), by striking the period at the end and inserting ``; or''; and (3) by adding at the end the following: ``(4) transportation by a motor vehicle designed or used to transport not fewer than 9, and not more than 15, passengers (including the driver), whether operated alone or with a trailer attached for the transport of recreational equipment, if-- ``(A) the motor vehicle is operated by a person that provides recreational activities; ``(B) the transportation is provided within a 150 air-mile radius of the location at which passengers initially boarded the motor vehicle at the outset of the trip; and ``(C) in the case of a motor vehicle transporting passengers over a route between a place in a State and a place in another State, the person operating the motor vehicle is lawfully providing transportation of passengers over the entire route in accordance with applicable State law.''. [[Page 135 STAT. 772]] SEC. 23013. <<NOTE: 49 USC 14104 note.>> AMENDMENTS TO REGULATIONS RELATING TO TRANSPORTATION OF HOUSEHOLD GOODS IN INTERSTATE COMMERCE. (a) Definitions.--In this section: (1) Administration.--The term ``Administration'' means the Federal Motor Carrier Safety Administration. (2) Covered carrier.--The term ``covered carrier'' means a motor carrier that is-- (A) engaged in the interstate transportation of household goods; and (B) subject to the requirements of part 375 of title 49, Code of Federal Regulations (as in effect on the effective date of any amendments made pursuant to the notice of proposed rulemaking issued under subsection (b)). (b) <<NOTE: Deadline. Notice. Determination.>> Amendments to Regulations.--Not later than 1 year after the date of enactment of this Act, the Secretary shall issue a notice of proposed rulemaking to amend, as the Secretary determines to be appropriate, regulations relating to the interstate transportation of household goods. (c) <<NOTE: Recommenda- tions. Requirements.>> Considerations.--In issuing the notice of proposed rulemaking under subsection (b), the Secretary shall consider amending the following provisions of title 49, Code of Federal Regulations, in accordance with the following recommendations: (1) <<NOTE: Web postings.>> Section 375.207(b) to require each covered carrier to include on the website of the covered carrier a link-- (A) to the publication of the Administration entitled ``Ready to Move-Tips for a Successful Interstate Move'' and numbered ESA-03-005 on the website of the Administration; or (B) <<NOTE: Records.>> to a copy of the publication referred to in subparagraph (A) on the website of the covered carrier. (2) <<NOTE: Web posting. Records.>> Subsections (a) and (b)(1) of section 375.213 to require each covered carrier to provide to each individual shipper, together with any written estimate provided to the shipper, a copy of the publication described in appendix A of part 375 of that title, entitled ``Your Rights and Responsibilities When You Move'' and numbered ESA-03-006 (or a successor publication), in the form of a written copy or a hyperlink on the website of the covered carrier to the location on the website of the Administration containing that publication. (3) <<NOTE: Repeal.>> Section 375.213 to repeal subsection (e) of that section. (4) <<NOTE: Surveys.>> Section 375.401(a) to require each covered carrier-- (A) to conduct a visual survey of the household goods to be transported by the covered carrier-- (i) in person; or (ii) virtually, using-- (I) a remote camera; or (II) another appropriate technology; (B) to offer a visual survey described in subparagraph (A) for all household goods shipments, regardless of the distance between-- (i) the location of the household goods; and (ii) the location of the agent of the covered carrier preparing the estimate; and (C) <<NOTE: Records.>> to provide to each shipper a copy of the publication of the Administration entitled ``Ready to Move-Tips for a Successful Interstate Move'' and numbered ESA-03-005 [[Page 135 STAT. 773]] on receipt from the shipper of a request to schedule, or a waiver of, a visual survey offered under subparagraph (B). (5) Sections 375.401(b)(1), 375.403(a)(6)(ii), and 375.405(b)(7)(ii), and subpart D of appendix A of part 375, to require that, in any case in which a shipper tenders any additional item or requests any additional service prior to loading a shipment, the affected covered carrier shall-- (A) <<NOTE: Estimate.>> prepare a new estimate; and (B) <<NOTE: Records.>> maintain a record of the date, time, and manner in which the new estimate was accepted by the shipper. (6) Section 375.501(a), to establish that a covered carrier is not required to provide to a shipper an order for service if the covered carrier elects to provide the information described in paragraphs (1) through (15) of that section in a bill of lading that is presented to the shipper before the covered carrier receives the shipment. (7) Subpart H of part 375, to replace the replace the terms ``freight bill'' and ``expense bill'' with the term ``invoice''. SEC. 23014. <<NOTE: 49 USC 31144 note.>> IMPROVING FEDERAL-STATE MOTOR CARRIER SAFETY ENFORCEMENT COORDINATION. (a) Definitions.--In this section: (1) Covered state.--The term ``covered State'' means a State that receives Federal funds under the motor carrier safety assistance program established under section 31102 of title 49, United States Code. (2) Imminent hazard.--The term ``imminent hazard'' has the same meaning as in section 521 of title 49, United States Code. (b) <<NOTE: Federal Register, publication. Deadline.>> Review and Enforcement of State Out-of-service Orders.--As soon as practicable after the date of enactment of this Act, the Secretary shall publish in the Federal Register a process under which the Secretary shall review each out-of-service order issued by a covered State in accordance with section 31144(d) of title 49, United States Code, by not later than 30 days after the date on which the out-of-service order is submitted to the Secretary by the covered State. (c) Review and Enforcement of State Imminent Hazard Determinations.-- (1) <<NOTE: Federal Register, publication.>> In general.-- As soon as practicable after the date of enactment of this Act, the Secretary shall publish in the Federal Register a process under which the Secretary shall review imminent hazard determinations made by covered States. (2) Enforcement.--On reviewing an imminent hazard determination under paragraph (1), the Secretary shall pursue enforcement under section 521 of title 49, United States Code, as the Secretary determines to be appropriate. SEC. 23015. <<NOTE: Deadlines. 49 USC 30111 note.>> LIMOUSINE RESEARCH. (a) Definitions.--In this section: (1) Limousine.--The term ``limousine'' means a motor vehicle-- (A) that has a seating capacity of 9 or more persons (including the driver); (B) with a gross vehicle weight rating greater than 10,000 pounds but not greater than 26,000 pounds; [[Page 135 STAT. 774]] (C) that the Secretary has determined by regulation has physical characteristics resembling-- (i) a passenger car; (ii) a multipurpose passenger vehicle; or (iii) a truck with a gross vehicle weight rating of 10,000 pounds or less; and (D) that is not a taxi, nonemergency medical, or paratransit motor vehicle. (2) Limousine operator.--The term ``limousine operator'' means a person who owns or leases, and uses, a limousine to transport passengers for compensation. (3) Motor vehicle safety standard.--The term ``motor vehicle safety standard'' has the meaning given the term in section 30102(a) of title 49, United States Code. (4) State.--The term ``State'' has the meaning given such term in section 30102(a) of title 49, United States Code. (b) Crashworthiness.-- (1) Research.--Not later than 4 years after the date of enactment of this Act, the Secretary shall complete research into the development of motor vehicle safety standards for side impact protection, roof crush resistance, and air bag systems for the protection of occupants in limousines with alternative seating positions, including perimeter seating arrangements. (2) Rulemaking or report.-- (A) Crashworthiness standards.-- (i) In general.--Subject to clause (ii), not later than 2 years after the date on which the research under paragraph (1) is completed, the Secretary shall prescribe, for the protection of occupants in limousines with alternative seating positions, a final motor vehicle safety standard for each of the following: (I) Side impact protection. (II) Roof crush resistance. (III) Air bag systems. (ii) <<NOTE: Determination.>> Requirements and considerations.--The Secretary may only prescribe a motor vehicle safety standard described in clause (i) if the Secretary determines that the standard meets the requirements and considerations described in subsections (a) and (b) of section 30111 of title 49, United States Code. (B) <<NOTE: Determination. Federal Register, publication.>> Report.--If the Secretary determines that a motor vehicle safety standard described in subparagraph (A)(i) would not meet the requirements and considerations described in subsections (a) and (b) of section 30111 of title 49, United States Code, the Secretary shall publish in the Federal Register and submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives a report describing the reasons for not prescribing the standard. (c) Evacuation.-- (1) Research.--Not later than 2 years after the date of enactment of this Act, the Secretary shall complete research into safety features and standards that aid evacuation in the event that an exit in the passenger compartment of a limousine is blocked. [[Page 135 STAT. 775]] (2) Rulemaking or report.-- (A) Limousine evacuation.-- (i) In general.--Subject to clause (ii), not later than 2 years after the date on which the research under paragraph (1) is completed, the Secretary shall prescribe a final motor vehicle safety standard based on the results of that research. (ii) <<NOTE: Determination.>> Requirements and considerations.--The Secretary may only prescribe a motor vehicle safety standard described in clause (i) if the Secretary determines that the standard meets the requirements and considerations described in subsections (a) and (b) of section 30111 of title 49, United States Code. (B) <<NOTE: Determination. Federal Register, publication.>> Report.--If the Secretary determines that a standard described in subparagraph (A)(i) would not meet the requirements and considerations described in subsections (a) and (b) of section 30111 of title 49, United States Code, the Secretary shall publish in the Federal Register and submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives a report describing the reasons for not prescribing the standard. (d) Limousine Inspection Disclosure.-- (1) <<NOTE: Notice. Web posting.>> In general.--A limousine operator may not introduce a limousine into interstate commerce unless the limousine operator has prominently disclosed in a clear and conspicuous notice, including on the website of the operator if the operator has a website, the following: (A) The date of the most recent inspection of the limousine required under State or Federal law, if applicable. (B) The results of the inspection, if applicable. (C) Any corrective action taken by the limousine operator to ensure the limousine passed inspection, if applicable. (2) Federal trade commission enforcement.-- (A) In general.--The Federal Trade Commission shall enforce this subsection in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of the Federal Trade Commission Act (15 U.S.C. 41 et seq.) were incorporated into and made a part of this subsection. (B) Treatment.--Any person who violates this subsection shall be subject to the penalties and entitled to the privileges and immunities provided in the Federal Trade Commission Act (15 U.S.C. 41 et seq.). (3) Savings provision.--Nothing in this subsection limits the authority of the Federal Trade Commission under any other provision of law. (4) Effective date.--This subsection shall take effect on the date that is 180 days after the date of enactment of this Act. SEC. 23016. NATIONAL CONSUMER COMPLAINT DATABASE. (a) <<NOTE: Reports.>> In General.--Not later than 18 months after the date of enactment of this Act, the Comptroller General of the United States shall submit to the Committee on Commerce, Science, and [[Page 135 STAT. 776]] Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on the National Consumer Complaint Database of the Federal Motor Carrier Safety Administration. (b) <<NOTE: Reviews.>> Contents.--The report under subsection (a) shall include-- (1) a review of the process and effectiveness of efforts to review and follow-up on complaints submitted to the National Consumer Complaint Database; (2) an identification of the top 5 complaint categories; (3) an identification of-- (A) the process that the Federal Motor Carrier Safety Administration uses to determine which entities to take enforcement actions against; and (B) the top categories of enforcement actions taken by the Federal Motor Carrier Safety Administration; (4) <<NOTE: Time period. Determination.>> a review of the use of the National Consumer Complaint Database website over the 5-year period ending on December 31, 2020, including information obtained by conducting interviews with drivers, customers of movers of household goods, brokers, motor carriers, including small business motor carriers, and other users of the website to determine the usability of the website; (5) a review of efforts taken by the Federal Motor Carrier Safety Administration to raise awareness of the National Consumer Complaint Database; and (6) <<NOTE: Recommenda- tions.>> recommendations, as appropriate, including with respect to methods-- (A) for improving the usability of the National Consumer Complaint Database website; (B) for improving the review of complaints; (C) for using data collected through the National Consumer Complaint Database to identify bad actors; (D) to improve confidence and transparency in the complaint process; and (E) for improving stakeholder awareness of and participation in the National Consumer Complaint Database and the complaint system, including improved communication about the purpose of the National Consumer Complaint Database. SEC. 23017. <<NOTE: Reports. Analysis.>> ELECTRONIC LOGGING DEVICE OVERSIGHT. Not later than 180 days after the date of enactment of this Act, the Secretary shall submit to Congress a report analyzing the cost and effectiveness of electronic logging devices and detailing the processes-- (1) used by the Federal Motor Carrier Safety Administration-- (A) <<NOTE: Review.>> to review electronic logging device logs; and (B) to protect proprietary information and personally identifiable information obtained from electronic logging device logs; and (2) through which an operator may challenge or appeal a violation notice issued by the Federal Motor Carrier Safety Administration relating to an electronic logging device. [[Page 135 STAT. 777]] SEC. 23018. TRANSPORTATION OF AGRICULTURAL COMMODITIES AND FARM SUPPLIES. Section 229(a)(1) of the Motor Carrier Safety Improvement Act of 1999 (49 U.S.C. 31136 note; Public Law 106-159) is amended-- (1) in subparagraph (B), by striking ``or'' at the end; (2) in subparagraph (C), by striking the period at the end and inserting ``; or''; and (3) by adding at the end the following: ``(D) drivers transporting livestock (as defined in section 602 of the Emergency Livestock Feed Assistance Act of 1988 (7 U.S.C. 1471) including insects) within a 150 air-mile radius from the final destination of the livestock.''. SEC. 23019. <<NOTE: Time period. 49 USC 31305 note.>> MODIFICATION OF RESTRICTIONS ON CERTAIN COMMERCIAL DRIVER'S LICENSES. The Administrator of the Federal Motor Carrier Safety Administration shall revise section 383.3(f)(3)(ii) of title 49, Code of Federal Regulations (or a successor regulation), to provide that a restricted commercial driver's license issued to an employee in a farm-related service industry shall be limited to the applicable seasonal periods defined by the State issuing the restricted commercial driver's license, subject to the condition that the total number of days in any calendar year during which the restricted commercial driver's license is valid does not exceed 210. SEC. 23020. <<NOTE: Coordination. Recommenda- tions. Assessment. 49 USC 31102 note.>> REPORT ON HUMAN TRAFFICKING VIOLATIONS INVOLVING COMMERCIAL MOTOR VEHICLES. Not later than 3 years after the date of enactment of this Act, and every 3 years thereafter, the Secretary, acting through the Department of Transportation Advisory Committee on Human Trafficking established under section 5(a) of the Combating Human Trafficking in Commercial Vehicles Act (Public Law 115-99; 131 Stat. 2243), shall coordinate with the Attorney General to prepare and submit to Congress a report relating to human trafficking violations involving commercial motor vehicles, which shall include recommendations for countering human trafficking, including an assessment of previous best practices by transportation stakeholders. SEC. 23021. <<NOTE: 49 USC 13301 note.>> BROKER GUIDANCE RELATING TO FEDERAL MOTOR CARRIER SAFETY REGULATIONS. (a) <<NOTE: Deadline.>> In General.--Not later than 1 year after the date of enactment of this Act, the Secretary shall issue guidance to clarify the definitions of the terms ``broker'' and ``bona fide agents'' in section 371.2 of title 49, Code of Federal Regulations. (b) Considerations.--In issuing guidance under subsection (a), the Secretary shall take into consideration-- (1) the extent to which technology has changed the nature of freight brokerage; (2) the role of bona fide agents; and (3) other aspects of the freight transportation industry. (c) <<NOTE: Examinations.>> Dispatch Services.--In issuing guidance under subsection (a), the Secretary shall, at a minimum-- (1) examine the role of a dispatch service in the transportation industry; (2) examine the extent to which dispatch services could be considered brokers or bona fide agents; and [[Page 135 STAT. 778]] (3) clarify the level of financial penalties for unauthorized brokerage activities under section 14916 of title 49, United States Code, applicable to a dispatch service. SEC. 23022. <<NOTE: 49 USC 31315 note.>> APPRENTICESHIP PILOT PROGRAM. (a) Definitions.--In this section: (1) Apprentice.--The term ``apprentice'' means an individual who-- (A) is under the age of 21; and (B) holds a commercial driver's license. (2) Commercial driver's license.--The term ``commercial driver's license'' has the meaning given the term in section 31301 of title 49, United States Code. (3) Commercial motor vehicle.--The term ``commercial motor vehicle'' has the meaning given the term in section 390.5 of title 49, Code of Federal Regulations (as in effect on the date of enactment of this Act). (4) Driving time.--The term ``driving time'' has the meaning given the term in section 395.2 of title 49, Code of Federal Regulations (as in effect on the date of enactment of this Act). (5) Experienced driver.--The term ``experienced driver'' means an individual who-- (A) is not younger than 26 years of age; (B) has held a commercial driver's license for the 2-year period ending on the date on which the individual serves as an experienced driver under subsection (b)(2)(C)(ii); (C) during the 2-year period ending on the date on which the individual serves as an experienced driver under subsection (b)(2)(C)(ii), has had no-- (i) preventable accidents reportable to the Department; or (ii) pointed moving violations; and (D) has a minimum of 5 years of experience driving a commercial motor vehicle in interstate commerce. (6) On-duty time.--The term ``on-duty time'' has the meaning given the term in section 395.2 of title 49, Code of Federal Regulations (as in effect on the date of enactment of this Act). (7) Pointed moving violation.--The term ``pointed moving violation'' means a violation that results in points being added to the license of a driver, or a similar comparable violation, as determined by the Secretary. (b) Pilot Program.-- (1) <<NOTE: Deadline.>> In general.--Not later than 60 days after the date of enactment of this Act, the Secretary shall establish, in accordance with section 31315(c) of title 49, United States Code, a pilot program allowing employers to establish the apprenticeship programs described in paragraph (2). (2) <<NOTE: Requirements.>> Description of apprenticeship program.--An apprenticeship program referred to in paragraph (1) is a program that consists of the following requirements: (A) 120-hour probationary period.-- (i) In general.--The apprentice shall complete 120 hours of on-duty time, of which not less than [[Page 135 STAT. 779]] 80 hours shall be driving time in a commercial motor vehicle. (ii) <<NOTE: Determination.>> Performance benchmarks.--To complete the 120-hour probationary period under clause (i), the employer of an apprentice shall determine that the apprentice is competent in each of the following areas: (I) Interstate, city traffic, rural 2-lane, and evening driving. (II) Safety awareness. (III) Speed and space management. (IV) Lane control. (V) Mirror scanning. (VI) Right and left turns. (VII) Logging and complying with rules relating to hours of service. (B) 280-hour probationary period.-- (i) In general.--After completing the 120-hour probationary period under subparagraph (A), an apprentice shall complete 280 hours of on-duty time, of which not less than 160 hours shall be driving time in a commercial motor vehicle. (ii) <<NOTE: Determination.>> Performance benchmarks.--To complete the 280-hour probationary period under clause (i), the employer of an apprentice shall determine that the apprentice is competent in each of the following areas: (I) Backing and maneuvering in close quarters. (II) Pretrip inspections. (III) Fueling procedures. (IV) Weighing loads, weight distribution, and sliding tandems. (V) Coupling and uncoupling procedures. (VI) Trip planning, truck routes, map reading, navigation, and permits. (C) Restrictions for probationary periods.--During the 120-hour probationary period under subparagraph (A) and the 280-hour probationary period under subparagraph (B)-- (i) an apprentice may only drive a commercial motor vehicle that has-- (I) an automatic manual or automatic transmission; (II) an active braking collision mitigation system; (III) a forward-facing video event capture system; and (IV) a governed speed of 65 miles per hour-- (aa) at the pedal; and (bb) under adaptive cruise control; and (ii) an apprentice shall be accompanied in the passenger seat of the commercial motor vehicle by an experienced driver. (D) Records retention.--The employer of an apprentice shall maintain records, in a manner required by the Secretary, relating to the satisfaction of the performance benchmarks described in subparagraphs (A)(ii) and (B)(ii) by the apprentice. [[Page 135 STAT. 780]] (E) Reportable incidents.--If an apprentice is involved in a preventable accident reportable to the Department or a pointed moving violation while driving a commercial motor vehicle as part of an apprenticeship program described in this paragraph, the apprentice shall undergo remediation and additional training until the apprentice can demonstrate, to the satisfaction of the employer, competence in each of the performance benchmarks described in subparagraphs (A)(ii) and (B)(ii). (F) <<NOTE: Time period.>> Completion of program.-- An apprentice shall be considered to have completed an apprenticeship program on the date on which the apprentice completes the 280-hour probationary period under subparagraph (B). (G) Minimum requirements.-- (i) In general.--Nothing in this section prevents an employer from imposing any additional requirement on an apprentice participating in an apprenticeship program established under this section. (ii) Technologies.--Nothing in this section prevents an employer from requiring or installing in a commercial motor vehicle any technology in addition to the technologies described in subparagraph (C)(i). (3) Apprentices.--An apprentice may-- (A) drive a commercial motor vehicle in interstate commerce while participating in the 120-hour probationary period under paragraph (2)(A) or the 280- hour probationary period under paragraph (2)(B) pursuant to an apprenticeship program established by an employer in accordance with this section; and (B) <<NOTE: Determination.>> drive a commercial motor vehicle in interstate commerce after the apprentice completes an apprenticeship program described in paragraph (2), unless the Secretary determines there exists a safety concern. (4) Limitation.--The Secretary may not allow more than 3,000 apprentices at any 1 time to participate in the pilot program established under paragraph (1). (c) Termination.--Effective beginning on the date that is 3 years after the date of establishment of the pilot program under subsection (b)(1)-- (1) the pilot program shall terminate; and (2) <<NOTE: Determination.>> any driver under the age of 21 who has completed an apprenticeship program described in subsection (b)(2) may drive a commercial motor vehicle in interstate commerce, unless the Secretary determines there exists a safety concern. (d) No Effect on License Requirement.--Nothing in this section exempts an apprentice from any requirement to hold a commercial driver's license in order to operate a commercial motor vehicle. (e) <<NOTE: Analysis.>> Data Collection.--The Secretary shall collect and analyze-- (1) data relating to any incident in which an apprentice participating in the pilot program established under subsection (b)(1) is involved; (2) data relating to any incident in which a driver under the age of 21 operating a commercial motor vehicle in intrastate commerce is involved; and [[Page 135 STAT. 781]] (3) <<NOTE: Determination.>> such other data relating to the safety of apprentices aged 18 to 20 years operating in interstate commerce as the Secretary determines to be necessary. (f) Limitation.--A driver under the age of 21 participating in the pilot program under this section may not-- (1) transport-- (A) a passenger; or (B) hazardous cargo; or (2) operate a commercial motor vehicle-- (A) in special configuration; or (B) with a gross vehicle weight rating of more than 80,000 pounds. (g) Report to Congress.--Not later than 120 days after the date of conclusion of the pilot program under subsection (b), the Secretary shall submit to Congress a report including-- (1) the findings and conclusions resulting from the pilot program, including with respect to technologies or training provided by commercial motor carriers for apprentices as part of the pilot program to successfully improve safety; (2) <<NOTE: Analysis.>> an analysis of the safety record of apprentices participating in the pilot program, as compared to other commercial motor vehicle drivers; (3) the number of drivers that discontinued participation in the apprenticeship program before completion; (4) a comparison of the safety records of participating drivers before, during, and after the probationary periods under subparagraphs (A) and (B) of subsection (b)(2); (5) a comparison, for each participating driver, of average on-duty time, driving time, and time spent away from home terminal before, during, and after the probationary periods referred to in paragraph (4); and (6) <<NOTE: Recommenda- tions.>> a recommendation, based on the data collected, regarding whether the level of safety achieved by the pilot program is equivalent to, or greater than, the level of safety for equivalent commercial motor vehicle drivers aged 21 years or older. (h) Rule of Construction.--Nothing in this section affects the authority of the Secretary under section 31315 of title 49, United States Code, with respect to the pilot program established under subsection (b)(1), including the authority to revoke participation in, and terminate, the pilot program under paragraphs (3) and (4) of subsection (c) of that section. (i) Driver Compensation Study.-- (1) <<NOTE: Deadline. Contracts.>> In general.--Not later than 1 year after the date of enactment of this Act, the Secretary, acting through the Administrator of the Federal Motor Carrier Safety Administration, shall offer to enter into a contract with the Transportation Research Board under which the Transportation Research Board shall conduct a study of the impacts of various methods of driver compensation on safety and driver retention, including-- (A) hourly pay; (B) payment for detention time; and (C) other payment methods used in the industry as of the date on which the study is conducted. [[Page 135 STAT. 782]] (2) Consultation.--In conducting the study under paragraph (1), the Transportation Research Board shall consult with-- (A) labor organizations representing commercial motor vehicle drivers; (B) representatives of the motor carrier industry, including owner-operators; and (C) <<NOTE: Determination.>> such other stakeholders as the Transportation Research Board determines to be relevant. SEC. 23023. <<NOTE: 49 USC 30127 note.>> LIMOUSINE COMPLIANCE WITH FEDERAL SAFETY STANDARDS. (a) Limousine Standards.-- (1) <<NOTE: Deadline. Regulations.>> Safety belt and seating system standards for limousines.--Not later than 2 years after the date of enactment of this Act, the Secretary shall prescribe a final rule that-- (A) amends Federal Motor Vehicle Safety Standard Numbers 208, 209, and 210 to require to be installed in limousines on each designated seating position, including on side-facing seats-- (i) an occupant restraint system consisting of integrated lap-shoulder belts; or (ii) an occupant restraint system consisting of a lap belt, if an occupant restraint system described in clause (i) does not meet the need for motor vehicle safety; and (B) amends Federal Motor Vehicle Safety Standard Number 207 to require limousines to meet standards for seats (including side-facing seats), seat attachment assemblies, and seat installation to minimize the possibility of failure by forces acting on the seats, attachment assemblies, and installations as a result of motor vehicle impact. (2) <<NOTE: Assessment.>> Report on retrofit assessment for limousines.--Not later than 2 years after the date of enactment of this Act, the Secretary shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives a report that assesses the feasibility, benefits, and costs with respect to the application of any requirement established under paragraph (1) to a limousine introduced into interstate commerce before the date on which the requirement takes effect. (b) <<NOTE: Applicability.>> Modifications of Certain Vehicles.-- The final rule prescribed under subsection (a)(1) and any standards prescribed under subsection (b) or (c) of section 23015 shall apply to a person modifying a passenger motor vehicle (as defined in section 32101 of title 49, United States Code) that has already been purchased by the first purchaser (as defined in section 30102(b) of that title) by increasing the wheelbase of the vehicle to make the vehicle a limousine. (c) Application.--The requirements of this section apply notwithstanding section 30112(b)(1) of title 49, United States Code. [[Page 135 STAT. 783]] TITLE IV--HIGHWAY AND MOTOR VEHICLE SAFETY Subtitle A--Highway Traffic Safety SEC. 24101. <<NOTE: Time period.>> AUTHORIZATION OF APPROPRIATIONS. (a) In General.--The following amounts are authorized to be appropriated out of the Highway Trust Fund (other than the Mass Transit Account): (1) Highway safety programs.--To carry out section 402 of title 23, United States Code-- (A) $363,400,000 for fiscal year 2022; (B) $370,900,000 for fiscal year 2023; (C) $378,400,000 for fiscal year 2024; (D) $385,900,000 for fiscal year 2025; and (E) $393,400,000 for fiscal year 2026. (2) Highway safety research and development.--To carry out section 403 of title 23, United States Code-- (A) $186,000,000 for fiscal year 2022; (B) $190,000,000 for fiscal year 2023; (C) $194,000,000 for fiscal year 2024; (D) $198,000,000 for fiscal year 2025; and (E) $202,000,000 for fiscal year 2026. (3) High-visibility enforcement program.--To carry out section 404 of title 23, United States Code-- (A) $36,400,000 for fiscal year 2022; (B) $38,300,000 for fiscal year 2023; (C) $40,300,000 for fiscal year 2024; (D) $42,300,000 for fiscal year 2025; and (E) $44,300,000 for fiscal year 2026. (4) National priority safety programs.--To carry out section 405 of title 23, United States Code-- (A) $336,500,000 for fiscal year 2022; (B) $346,500,000 for fiscal year 2023; (C) $353,500,000 for fiscal year 2024; (D) $360,500,000 for fiscal year 2025; and (E) $367,500,000 for fiscal year 2026. (5) Administrative expenses.--For administrative and related operating expenses of the National Highway Traffic Safety Administration in carrying out chapter 4 of title 23, United States Code, and this title-- (A) $38,000,000 for fiscal year 2022; (B) $39,520,000 for fiscal year 2023; (C) $41,100,800 for fiscal year 2024; (D) $42,744,832 for fiscal year 2025; and (E) $44,454,625 for fiscal year 2026. (6) National driver register.--For the National Highway Traffic Safety Administration to carry out chapter 303 of title 49, United States Code-- (A) $6,800,000 for fiscal year 2022; (B) $7,000,000 for fiscal year 2023; (C) $7,200,000 for fiscal year 2024; (D) $7,400,000 for fiscal year 2025; and (E) $7,600,000 for fiscal year 2026. [[Page 135 STAT. 784]] (b) <<NOTE: 23 USC 401 note.>> Prohibition on Other Uses.--Except as otherwise provided in chapter 4 of title 23, and chapter 303 of title 49, United States Code, the amounts made available under subsection (a) or any other provision of law from the Highway Trust Fund (other than the Mass Transit Account) for a program under those chapters-- (1) shall only be used to carry out that program; and (2) may not be used by a State or local government for construction purposes. (c) <<NOTE: Apportionment. Time period.>> Applicability of Title 23.--Except as otherwise provided in chapter 4 of title 23, and chapter 303 of title 49, United States Code, the amounts made available under subsection (a) for fiscal years 2022 through 2026 shall be available for obligation in the same manner as if those funds were apportioned under chapter 1 of title 23, United States Code. (d) Highway Safety General Requirements.-- (1) In general.--Chapter 4 of title 23, United States Code, is amended-- (A) by redesignating sections 409 and 412 and sections 407 and 408, respectively; and (B) by inserting after section 405 the following: ``Sec. 406. <<NOTE: 23 USC 406.>> General requirements for Federal assistance ``(a) Definition of Funded Project.--In this section, the term `funded project' means a project funded, in whole or in part, by a grant provided under section 402 or 405. ``(b) Regulatory Authority.--Each funded project shall be carried out in accordance with applicable regulations promulgated by the Secretary. ``(c) State Matching Requirements.--If a grant provided under this chapter requires any State to share in the cost of a funded project, the aggregate of the expenditures made by the State (including any political subdivision of the State) for highway safety activities during a fiscal year, exclusive of Federal funds, for carrying out the funded project (other than expenditures for planning or administration) shall be credited toward the non-Federal share of the cost of any other funded project (other than planning and administration) during that fiscal year, regardless of whether those expenditures were made in connection with the project. ``(d) Grant Application and Deadline.-- ``(1) Applications.--To be eligible to receive a grant under this chapter, a State shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. ``(2) Deadline.--The Secretary shall establish a single deadline for the submission of applications under paragraph (1) to enable the provision of grants under this chapter early in each applicable fiscal year beginning after the date of submission. ``(e) <<NOTE: Deadline.>> Distribution of Funds to States.--Not later than 60 days after the later of the start of a fiscal year or the date of enactment of any appropriations Act making funds available to carry out this chapter for that fiscal year, the Secretary shall distribute to each State the portion of those funds to which the State is entitled for the applicable fiscal year.''. [[Page 135 STAT. 785]] (2) Clerical amendment.--The analysis for chapter 4 of title 23, United States Code, <<NOTE: 23 USC 401 prec.>> is amended by striking the items relating to sections 406 through 412 and inserting the following: ``406. General requirements for Federal assistance. ``407. Discovery and admission as evidence of certain reports and surveys. ``408. Agency accountability.''. SEC. 24102. HIGHWAY SAFETY PROGRAMS. (a) In General.--Section 402 of title 23, United States Code, is amended-- (1) by striking ``accidents'' each place it appears and inserting ``crashes''; (2) by striking ``accident'' each place it appears and inserting ``crash''; (3) in subsection (a)-- (A) in paragraph (1), by striking ``shall have'' and all that follows through the period at the end and inserting the following: ``shall have in effect a highway safety program that-- ``(i) is designed to reduce-- ``(I) traffic crashes; and ``(II) deaths, injuries, and property damage resulting from those crashes; ``(ii) includes-- ``(I) an approved, current, triennial highway safety plan in accordance with subsection (k); and ``(II) an approved grant application under subsection (l) for the fiscal year; ``(iii) demonstrates compliance with the applicable administrative requirements of subsection (b)(1); and ``(iv) is approved by the Secretary.''; (B) in paragraph (2)(A)-- (i) in clause (ii), by striking ``occupant protection devices (including the use of safety belts and child restraint systems)'' and inserting ``safety belts''; (ii) in clause (vii), by striking ``and'' at the end; (iii) by redesignating clauses (iii) through (viii) as clauses (iv) through (ix), respectively; (iv) by inserting after clause (ii) the following: ``(iii) to encourage more widespread and proper use of child restraints, with an emphasis on underserved populations;''; and (v) by adding at the end the following: ``(x) to reduce crashes caused by driver misuse or misunderstanding of new vehicle technology; ``(xi) to increase vehicle recall awareness; ``(xii) to provide to the public information relating to the risks of child heatstroke death when left unattended in a motor vehicle after the motor is deactivated by the operator; ``(xiii) to reduce injuries and deaths resulting from the failure by drivers of motor vehicles to move to another traffic lane or reduce the speed of the vehicle when law enforcement, fire service, emergency medical services, or other emergency or first responder vehicles are stopped or parked on or next to a roadway with emergency lights activated; and [[Page 135 STAT. 786]] ``(xiv) to prevent crashes, injuries, and deaths caused by unsecured vehicle loads;''; and (C) by adding at the end the following: ``(3) Additional considerations.--A State that has legalized medicinal or recreational marijuana shall take into consideration implementing programs in addition to the programs described in paragraph (2)(A)-- ``(A) to educate drivers regarding the risks associated with marijuana-impaired driving; and ``(B) to reduce injuries and deaths resulting from individuals driving motor vehicles while impaired by marijuana.''; (4) in subsection (b)(1)-- (A) in the matter preceding subparagraph (A), by striking ``may'' and inserting ``shall''; (B) by striking subparagraph (B) and inserting the following: ``(B) provide for a comprehensive, data-driven traffic safety program that results from meaningful public participation and engagement from affected communities, particularly those most significantly impacted by traffic crashes resulting in injuries and fatalities;''; (C) in subparagraph (C), by striking ``authorized in accordance with subparagraph (B)''; (D) in subparagraph (D), by striking ``with disabilities, including those in wheelchairs'' and inserting ``, including those with disabilities and those in wheelchairs''; (E) by striking subparagraph (E) and inserting the following: ``(E) as part of a comprehensive program, support-- ``(i) data-driven traffic safety enforcement programs that foster effective community collaboration to increase public safety; and ``(ii) data collection and analysis to ensure transparency, identify disparities in traffic enforcement, and inform traffic enforcement policies, procedures, and activities; and''; and (F) in subparagraph (F)-- (i) in clause (i), by striking ``national law enforcement mobilizations and high-visibility'' and inserting ``national, high-visibility''; (ii) in clause (iv), by striking ``and'' after the semicolon at the end; (iii) in clause (v), by striking the period at the end and inserting ``; and''; and (iv) by adding at the end the following: ``(vi) unless the State highway safety program is developed by American Samoa, Guam, the Commonwealth of the Northern Mariana Islands, or the United States Virgin Islands, participation in the Fatality Analysis Reporting System.''; (5) in subsection (c)-- (A) in paragraph (1)-- (i) by striking the paragraph designation and heading and all that follows through ``Funds authorized'' and inserting the following: ``(1) Use for state activities.-- [[Page 135 STAT. 787]] ``(A) In general.--The funds authorized''; and (ii) by adding at the end the following: ``(B) Neighboring states.--A State, acting in cooperation with any neighboring State, may use funds provided under this section for a highway safety program that may confer a benefit on the neighboring State.''; (B) by striking paragraphs (2) and (3) and inserting the following: ``(2) Apportionment to states.-- ``(A) Definition of public road.--In this paragraph, the term `public road' means any road that is-- ``(i) subject to the jurisdiction of, and maintained by, a public authority; and ``(ii) held open to public travel. ``(B) Apportionment.-- ``(i) In general.--Except for the amounts identified in section 403(f) and the amounts subject to subparagraph (C), of the funds made available under this section-- ``(I) 75 percent shall be apportioned to each State based on the ratio that, as determined by the most recent decennial census-- ``(aa) the population of the State; bears to ``(bb) the total population of all States; and ``(II) 25 percent shall be apportioned to each State based on the ratio that, subject to clause (ii)-- ``(aa) the public road mileage in each State; bears to ``(bb) the total public road mileage in all States. ``(ii) Calculation.--For purposes of clause (i)(II), public road mileage shall be-- ``(I) determined as of the end of the calendar year preceding the year during which the funds are apportioned; ``(II) <<NOTE: Certification.>> certified by the Governor of the State; and ``(III) subject to approval by the Secretary. ``(C) Minimum apportionments.--The annual apportionment under this section to-- ``(i) each State shall be not less than \3/4\ of 1 percent of the total apportionment; ``(ii) the Secretary of the Interior shall be not less than 2 percent of the total apportionment; and ``(iii) <<NOTE: Territories.>> the United States Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands shall be not less than \1/4\ of 1 percent of the total apportionment. ``(D) Penalty.-- ``(i) In general.--The funds apportioned under this section to a State that does not have approved or in effect a highway safety program described in subsection (a)(1) shall be reduced by an amount equal to not less than 20 percent of the amount that would [[Page 135 STAT. 788]] otherwise be apportioned to the State under this section, until the date on which the Secretary, as applicable-- ``(I) approves such a highway safety program; or ``(II) <<NOTE: Determination.>> determines that the State is implementing such a program. ``(ii) Factor for consideration.--In determining the amount of the reduction in funds apportioned to a State under this subparagraph, the Secretary shall take into consideration the gravity of the failure by the State to secure approval, or to implement, a highway safety program described in subsection (a)(1). ``(E) Limitations.-- ``(i) In general.--A highway safety program approved by the Secretary shall not include any requirement that a State shall implement such a program by adopting or enforcing any law, rule, or regulation based on a guideline promulgated by the Secretary under this section requiring any motorcycle operator aged 18 years or older, or a motorcycle passenger aged 18 years or older, to wear a safety helmet when operating or riding a motorcycle on the streets and highways of that State. ``(ii) Effect of guidelines.--Nothing in this section requires a State highway safety program to require compliance with every uniform guideline, or with every element of every uniform guideline, in every State. ``(3) Reapportionment.-- ``(A) <<NOTE: Approval. Determination. Deadline.>> In general.--The Secretary shall promptly apportion to a State any funds withheld from the State under paragraph (2)(D) if the Secretary makes an approval or determination, as applicable, described in that paragraph by not later than July 31 of the fiscal year for which the funds were withheld. ``(B) <<NOTE: Determination.>> Continuing state failure.--If the Secretary determines that a State fails to correct a failure to have approved or in effect a highway safety program described in subsection (a)(1) by the date described in subparagraph (A), the Secretary shall reapportion the funds withheld from that State under paragraph (2)(D) for the fiscal year to the other States in accordance with the formula described in paragraph (2)(B) by not later than the last day of the fiscal year.''; and (C) in paragraph (4)-- (i) by striking subparagraph (C); (ii) by redesignating subparagraphs (A) and (B) as subparagraphs (B) and (A), respectively, and moving the subparagraphs so as to appear in alphabetical order; and (iii) by adding at the end the following: ``(C) Special rule for school and work zones.-- Notwithstanding subparagraph (B), a State may expend funds apportioned to the State under this section to carry out a program to purchase, operate, or maintain an automated traffic enforcement system in a work zone or school zone. [[Page 135 STAT. 789]] ``(D) Automated traffic enforcement system guidelines. <<NOTE: Compliance.>> --An automated traffic enforcement system installed pursuant to subparagraph (C) shall comply with such guidelines applicable to speed enforcement camera systems and red light camera systems as are established by the Secretary.''; (6) in subsection (k)-- (A) by striking the subsection designation and heading and all that follows through ``thereafter'' in paragraph (1) and inserting the following: ``(k) Triennial Highway Safety Plan.-- ``(1) In general.--For fiscal year 2024, and not less frequently than once every 3 fiscal years thereafter''; (B) in paragraph (1), by striking ``for that fiscal year, to develop and submit to the Secretary for approval a highway safety plan'' and inserting ``for the 3 fiscal years covered by the plan, to develop and submit to the Secretary for approval a triennial highway safety plan''; (C) by striking paragraph (2) and inserting the following: ``(2) <<NOTE: Deadline.>> Timing.--Each State shall submit to the Secretary a triennial highway safety plan by not later than July 1 of the fiscal year preceding the first fiscal year covered by the plan.''; (D) in paragraph (3), by inserting ``triennial'' before ``highway''; (E) in paragraph (4)-- (i) in the matter preceding subparagraph (A)-- (I) by striking ``State highway safety plans'' and inserting ``Each State triennial highway safety plan''; and (II) by inserting ``, with respect to the 3 fiscal years covered by the plan, based on the information available on the date of submission under paragraph (2)'' after ``include''; (ii) in subparagraph (A)(ii), by striking ``annual performance targets'' and inserting ``performance targets that demonstrate constant or improved performance''; (iii) by striking subparagraph (B) and inserting the following: ``(B) a countermeasure strategy for programming funds under this section for projects that will allow the State to meet the performance targets described in subparagraph (A), including a description-- ``(i) that demonstrates the link between the effectiveness of each proposed countermeasure strategy and those performance targets; and ``(ii) of the manner in which each countermeasure strategy is informed by uniform guidelines issued by the Secretary;''; (iv) in subparagraph (D)-- (I) by striking ``, State, local, or private''; and (II) by inserting ``and'' after the semicolon at the end; (v) in subparagraph (E)-- [[Page 135 STAT. 790]] (I) by striking ``for the fiscal year preceding the fiscal year to which the plan applies,''; and (II) by striking ``performance targets set forth in the previous year's highway safety plan; and'' and inserting ``performance targets set forth in the most recently submitted highway safety plan.''; and (vi) by striking subparagraph (F); (F) by striking paragraph (5) and inserting the following: ``(5) Performance measures.--The Secretary shall develop minimum performance measures under paragraph (4)(A) in consultation with the Governors Highway Safety Association.''; and (G) in paragraph (6)-- (i) in the paragraph heading, by inserting ``triennial'' before ``highway''; (ii) by redesignating subparagraphs (B) through (E) as subparagraphs (C) through (F), respectively; (iii) in each of subparagraphs (C) through (F) (as so redesignated), by inserting ``triennial'' before ``highway'' each place it appears; and (iv) by striking subparagraph (A) and inserting the following: ``(A) <<NOTE: Review. Deadline.>> In general.-- Except as provided in subparagraph (B), the Secretary shall review and approve or disapprove a triennial highway safety plan of a State by not later than 60 days after the date on which the plan is received by the Secretary. ``(B) <<NOTE: Determinations.>> Additional information.-- ``(i) In general.--The Secretary may request a State to submit to the Secretary such additional information as the Secretary determines to be necessary for review of the triennial highway safety plan of the State. ``(ii) Extension of deadline.--On providing to a State a request for additional information under clause (i), the Secretary may extend the deadline to approve or disapprove the triennial highway safety plan of the State under subparagraph (A) for not more than an additional 90 days, as the Secretary determines to be necessary to accommodate that request, subject to clause (iii). ``(iii) <<NOTE: Deadline.>> Timing.--Any additional information requested under clause (i) shall be submitted to the Secretary by not later than 7 business days after the date of receipt by the State of the request.''; (7) by inserting after subsection (k) the following: ``(l) Annual Grant Application and Reporting Requirements.-- ``(1) Annual grant application.-- ``(A) <<NOTE: Determination.>> In general.--To be eligible to receive grant funds under this chapter for a fiscal year, each State shall submit to the Secretary an annual grant application that, as determined by the Secretary-- ``(i) demonstrates alignment with the approved triennial highway safety plan of the State; and [[Page 135 STAT. 791]] ``(ii) <<NOTE: Compliance.>> complies with the requirements under this subsection. ``(B) <<NOTE: Determination.>> Timing.--The deadline for submission of annual grant applications under this paragraph shall be determined by the Secretary in accordance with section 406(d)(2). ``(C) Contents.--An annual grant application under this paragraph shall include, at a minimum-- ``(i) <<NOTE: Updates. Analysis.>> such updates, as necessary, to any analysis included in the triennial highway safety plan of the State; ``(ii) an identification of each project and subrecipient to be funded by the State using the grants during the upcoming grant year, subject to the condition that the State shall separately submit, on a date other than the date of submission of the annual grant application, a description of any projects or subrecipients to be funded, as that information becomes available; ``(iii) a description of the means by which the strategy of the State to use grant funds was adjusted and informed by the previous report of the State under paragraph (2); and ``(iv) an application for any additional grants available to the State under this chapter. ``(D) <<NOTE: Deadline.>> Review.--The Secretary shall review and approve or disapprove an annual grant application under this paragraph by not later than 60 days after the date of submission of the application. ``(2) Reporting requirements.--Not later than 120 days after the end of each fiscal year for which a grant is provided to a State under this chapter, the State shall submit to the Secretary an annual report that includes-- ``(A) <<NOTE: Assessment.>> an assessment of the progress made by the State in achieving the performance targets identified in the triennial highway safety plan of the State, based on the most currently available Fatality Analysis Reporting System data; and ``(B)(i) a description of the extent to which progress made in achieving those performance targets is aligned with the triennial highway safety plan of the State; and ``(ii) if applicable, any plans of the State to adjust a strategy for programming funds to achieve the performance targets.''; (8) in subsection (m)(1), by striking ``a State's highway safety plan'' and inserting ``the applicable triennial highway safety plan of the State''; and (9) by striking subsection (n) and inserting the following: ``(n) Public Transparency.-- ``(1) <<NOTE: Website. Deadline.>> In general.--The Secretary shall publicly release on a Department of Transportation website, by not later than 45 calendar days after the applicable date of availability-- ``(A) each triennial highway safety plan approved by the Secretary under subsection (k); ``(B) each State performance target under subsection (k); and [[Page 135 STAT. 792]] ``(C) <<NOTE: Evaluation.>> an evaluation of State achievement of applicable performance targets under subsection (k). ``(2) State highway safety plan website.-- ``(A) In general.--In carrying out paragraph (1), the Secretary shall establish a public website that is easily accessible, navigable, and searchable for the information required under that paragraph, in order to foster greater transparency in approved State highway safety programs. ``(B) Contents.--The website established under subparagraph (A) shall-- ``(i) include the applicable triennial highway safety plan, and the annual report, of each State submitted to, and approved by, the Secretary under subsection (k); and ``(ii) provide a means for the public to search the website for State highway safety program content required under subsection (k), including-- ``(I) performance measures required by the Secretary; ``(II) progress made toward meeting the applicable performance targets during the preceding program year; ``(III) program areas and expenditures; and ``(IV) a description of any sources of funds, other than funds provided under this section, that the State proposes to use to carry out the triennial highway safety plan of the State.''. (b) <<NOTE: 23 USC 402 note.>> Effective Date.--The amendments made by subsection (a) shall take effect with respect to any grant application or State highway safety plan submitted under chapter 4 of title 23, United States Code, for fiscal year 2024 or thereafter. SEC. 24103. HIGHWAY SAFETY RESEARCH AND DEVELOPMENT. Section 403 of title 23, United States Code, is amended-- (1) by striking ``accident'' each place it appears and inserting ``crash''; (2) in subsection (b)(1), in the matter preceding subparagraph (A), by inserting ``, training, education,'' after ``demonstration projects''; (3) in subsection (f)(1)-- (A) by striking ``$2,500,000'' and inserting ``$3,500,000''; and (B) by striking ``subsection 402(c) in each fiscal year ending before October 1, 2015, and $443,989 of the total amount available for apportionment to the States for highway safety programs under section 402(c) in the period beginning on October 1, 2015, and ending on December 4, 2015,'' and inserting ``section 402(c) in each fiscal year''; (4) in subsection (h)-- (A) in paragraph (2), by striking ``2017 through 2021 not more than $26,560,000' to conduct the research described in paragraph (1)'' and inserting ``2022 through 2025, not more than $45,000,000 to conduct the research described in paragraph (2)''; (B) in paragraph (5)(A), by striking ``section 30102(a)(6)'' and inserting ``section 30102(a)''; and [[Page 135 STAT. 793]] (C) by redesignating paragraphs (1), (2), (3), (4), and (5) as paragraphs (2), (3), (4), (5), and (1), respectively, and moving the paragraphs so as to appear in numerical order; and (5) by adding at the end the following: ``(k) Child Safety Campaign.-- ``(1) In general.--The Secretary shall carry out an education campaign to reduce the incidence of vehicular heatstroke of children left in passenger motor vehicles (as defined in section 30102(a) of title 49). ``(2) Advertising.--The Secretary may use, or authorize the use of, funds made available to carry out this section to pay for the development, production, and use of broadcast and print media advertising and Internet-based outreach for the education campaign under paragraph (1). ``(3) Coordination.--In carrying out the education campaign under paragraph (1), the Secretary shall coordinate with-- ``(A) interested State and local governments; ``(B) private industry; and ``(C) other parties, as determined by the Secretary. ``(l) Development of State Processes for Informing Consumers of Recalls.-- ``(1) Definitions.--In this subsection: ``(A) Motor vehicle.--The term `motor vehicle' has the meaning given the term in section 30102(a) of title 49. ``(B) Open recall.--The term `open recall' means a motor vehicle recall-- ``(i) for which a notification by a manufacturer has been provided under section 30119 of title 49; and ``(ii) that has not been remedied under section 30120 of that title. ``(C) Program.--The term `program' means the program established under paragraph (2)(A). ``(D) Registration.--The term `registration' means the process for registering a motor vehicle in a State (including registration renewal). ``(E) State.--The term `State' has the meaning given the term in section 101(a). ``(2) Grants.-- ``(A) <<NOTE: Deadline.>> Establishment of program.--Not later than 2 years after the date of enactment of this subsection, the Secretary shall establish a program under which the Secretary shall provide grants to States for use in developing and implementing State processes for informing each applicable owner and lessee of a motor vehicle of any open recall on the motor vehicle at the time of registration of the motor vehicle in the State, in accordance with this paragraph. ``(B) Eligibility.--To be eligible to receive a grant under the program, a State shall-- ``(i) submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require; and ``(ii) agree-- [[Page 135 STAT. 794]] ``(I) <<NOTE: Notification.>> to notify each owner or lessee of a motor vehicle presented for registration in the State of any open recall on that motor vehicle; and ``(II) to provide to each owner or lessee of a motor vehicle presented for registration, at no cost-- ``(aa) the open recall information for the motor vehicle; and ``(bb) such other information as the Secretary may require. ``(C) Factors for consideration.--In selecting grant recipients under the program, the Secretary shall take into consideration the methodology of a State for-- ``(i) identifying open recalls on a motor vehicle; ``(ii) informing each owner and lessee of a motor vehicle of an open recall; and ``(iii) measuring performance in-- ``(I) informing owners and lessees of open recalls; and ``(II) remedying open recalls. ``(D) Performance period.--A grant provided under the program shall require a performance period of 2 years. ``(E) <<NOTE: Evaluation.>> Report.--Not later than 90 days after the date of completion of the performance period under subparagraph (D), each State that receives a grant under the program shall submit to the Secretary a report that contains such information as the Secretary considers to be necessary to evaluate the extent to which open recalls have been remedied in the State. ``(F) No regulations required.--Notwithstanding any other provision of law, the Secretary shall not be required to issue any regulations to carry out the program. ``(3) Paperwork reduction act.--Chapter 35 of title 44 (commonly known as the `Paperwork Reduction Act') shall not apply to information collected under the program. ``(4) Funding.-- ``(A) <<NOTE: Time period.>> In general.--For each of fiscal years 2022 through 2026, the Secretary shall obligate from funds made available to carry out this section $1,500,000 to carry out the program. ``(B) Reallocation.--To ensure, to the maximum extent practicable, that all amounts described in subparagraph (A) are obligated each fiscal year, the Secretary, before the last day of any fiscal year, may reallocate any of those amounts remaining available to increase the amounts made available to carry out any other activities authorized under this section. ``(m) Innovative Highway Safety Countermeasures.-- ``(1) <<NOTE: Evaluation.>> In general.--In conducting research under this section, the Secretary shall evaluate the effectiveness of innovative behavioral traffic safety countermeasures, other than traffic enforcement, that are considered promising or likely to be effective for the purpose of enriching revisions to the document entitled `Countermeasures That Work: A Highway Safety Countermeasure Guide for State Highway Safety Offices, Ninth Edition' and numbered DOT HS 812 478 (or any successor document). [[Page 135 STAT. 795]] ``(2) Treatment.--The research described in paragraph (1) shall be in addition to any other research carried out under this section.''. SEC. 24104. HIGH-VISIBILITY ENFORCEMENT PROGRAMS. Section 404(a) of title 23, United States Code, is amended by striking ``each of fiscal years 2016 through 2020'' and inserting ``each of fiscal years 2022 through 2026''. SEC. 24105. NATIONAL PRIORITY SAFETY PROGRAMS. (a) In General.--Section 405 of title 23, United States Code, is amended-- (1) in subsection (a)-- (A) by striking paragraphs (6) and (9); (B) by redesignating paragraphs (1) through (5) as paragraphs (2) through (6), respectively; (C) by striking the subsection designation and heading and all that follows through ``the following:'' in the matter preceding paragraph (2) (as so redesignated) and inserting the following: ``(a) Program Authority.-- ``(1) In general.--Subject to the requirements of this section, the Secretary shall-- ``(A) manage programs to address national priorities for reducing highway deaths and injuries; and ``(B) allocate funds for the purpose described in subparagraph (A) in accordance with this subsection.''; (D) in paragraph (4) (as so redesignated), by striking ``52.5 percent'' and inserting ``53 percent''; (E) in paragraph (7)-- (i) by striking ``5 percent'' and inserting ``7 percent''; and (ii) by striking ``subsection (h)'' and inserting ``subsection (g)''; (F) by redesignating paragraphs (8) and (10) as paragraphs (10) and (11), respectively; (G) by inserting after paragraph (7) the following: ``(8) <<NOTE: Time periods. Allocation.>> Preventing roadside deaths.--In each fiscal year, 1 percent of the funds provided under this section shall be allocated among States that meet requirements with respect to preventing roadside deaths under subsection (h). ``(9) <<NOTE: Time periods.>> Driver officer safety education.--In each fiscal year, 1.5 percent of the funds provided under this section shall be allocated among States that meet requirements with respect to driver and officer safety education under subsection (i).''; and (H) in paragraph (10) (as so redesignated)-- (i) by striking ``(1) through (7)'' and inserting ``(2) through (9)''; and (ii) by striking ``(b) through (h)'' and inserting ``(b) through (i)''; (2) in subsection (b)-- (A) in paragraph (1), by striking ``of Transportation''; (B) in paragraph (3)(B)(ii)(VI)(aa), by striking ``3-year'' and inserting ``5-year''; and (C) in paragraph (4)-- (i) in subparagraph (A), by striking clause (v) and inserting the following: [[Page 135 STAT. 796]] ``(v) implement programs-- ``(I) to recruit and train nationally certified child passenger safety technicians among police officers, fire and other first responders, emergency medical personnel, and other individuals or organizations serving low-income and underserved populations; ``(II) to educate parents and caregivers in low-income and underserved populations regarding the importance of proper use and correct installation of child restraints on every trip in a motor vehicle; and ``(III) to purchase and distribute child restraints to low-income and underserved populations; and''; and (ii) by striking subparagraph (B) and inserting the following: ``(B) Requirements.--Each State that is eligible to receive funds-- ``(i) under paragraph (3)(A) shall use-- ``(I) not more than 90 percent of those funds to carry out a project or activity eligible for funding under section 402; and ``(II) not less than 10 percent of those funds to carry out subparagraph (A)(v); and ``(ii) under paragraph (3)(B) shall use not less than 10 percent of those funds to carry out the activities described in subparagraph (A)(v).''; (3) in subsection (c)-- (A) in paragraph (1)-- (i) in the matter preceding subparagraph (A), by striking ``of Transportation''; and (ii) in subparagraph (D), by striking ``States; and'' and inserting ``States, including the National EMS Information System;''; (B) in paragraph (3)-- (i) by striking the paragraph designation and heading and all that follows through ``has a functioning'' in subparagraph (A) and inserting the following: ``(3) Eligibility.--A State shall not be eligible to receive a grant under this subsection for a fiscal year unless the State-- ``(A) <<NOTE: Certification.>> has certified to the Secretary that the State-- ``(i) has a functioning''; (ii) in subparagraph (B)-- (I) by adding ``and'' after the semicolon at the end; and (II) by redesignating the subparagraph as clause (ii) of subparagraph (A) and indenting the clause appropriately; (iii) in subparagraph (C)-- (I) by adding ``and'' after the semicolon at the end; and (II) by redesignating the subparagraph as clause (iii) of subparagraph (A) and indenting the clause appropriately; [[Page 135 STAT. 797]] (iv) by redesignating subparagraph (D) as subparagraph (B); (v) in clause (vi) of subparagraph (B) (as so redesignated), by striking ``; and'' and inserting a period; and (vi) by striking subparagraph (E); (C) by striking paragraph (4) and inserting the following: ``(4) Use of grant amounts.--A State may use a grant received under this subsection to make data program improvements to core highway safety databases relating to quantifiable, measurable progress in any significant data program attribute described in paragraph (3)(B), including through-- ``(A) software or applications to identify, collect, and report data to State and local government agencies, and enter data into State core highway safety databases, including crash, citation or adjudication, driver, emergency medical services or injury surveillance system, roadway, and vehicle data; ``(B) purchasing equipment to improve a process by which data are identified, collated, and reported to State and local government agencies, including technology for use by law enforcement for near-real time, electronic reporting of crash data; ``(C) improving the compatibility and interoperability of the core highway safety databases of the State with national data systems and data systems of other States, including the National EMS Information System; ``(D) enhancing the ability of a State and the Secretary to observe and analyze local, State, and national trends in crash occurrences, rates, outcomes, and circumstances; ``(E) supporting traffic records improvement training and expenditures for law enforcement, emergency medical, judicial, prosecutorial, and traffic records professionals; ``(F) hiring traffic records professionals for the purpose of improving traffic information systems (including a State Fatal Accident Reporting System (FARS) liaison); ``(G) adoption of the Model Minimum Uniform Crash Criteria, or providing to the public information regarding why any of those criteria will not be used, if applicable; ``(H) supporting reporting criteria relating to emerging topics, including-- ``(i) impaired driving as a result of drug, alcohol, or polysubstance consumption; and ``(ii) advanced technologies present on motor vehicles; and ``(I) conducting research relating to State traffic safety information systems, including developing programs to improve core highway safety databases and processes by which data are identified, collected, reported to State and local government agencies, and entered into State core safety databases.''; and (D) by adding at the end the following: ``(6) Technical assistance.-- ``(A) In general.--The Secretary shall provide technical assistance to States, regardless of whether a State receives a grant under this subsection, with respect to [[Page 135 STAT. 798]] improving the timeliness, accuracy, completeness, uniformity, integration, and public accessibility of State safety data that are needed to identify priorities for Federal, State, and local highway and traffic safety programs, including on adoption by a State of the Model Minimum Uniform Crash Criteria. ``(B) Funds.--The Secretary may use not more than 3 percent of the amounts available under this subsection to carry out subparagraph (A).''; (4) in subsection (d)-- (A) in paragraph (4)-- (i) in subparagraph (B)-- (I) by striking clause (iii) and inserting the following: ``(iii) court support of impaired driving prevention efforts, including-- ``(I) hiring criminal justice professionals, including law enforcement officers, prosecutors, traffic safety resource prosecutors, judges, judicial outreach liaisons, and probation officers; ``(II) training and education of those professionals to assist the professionals in preventing impaired driving and handling impaired driving cases, including by providing compensation to a law enforcement officer to carry out safety grant activities to replace a law enforcement officer who is receiving drug recognition expert training or participating as an instructor in that drug recognition expert training; and ``(III) establishing driving while intoxicated courts;''; (II) by striking clause (v) and inserting the following: ``(v) improving blood alcohol and drug concentration screening and testing, detection of potentially impairing drugs (including through the use of oral fluid as a specimen), and reporting relating to testing and detection;''; (III) in clause (vi), by striking ``conducting standardized field sobriety training, advanced roadside impaired driving evaluation training, and'' and inserting ``conducting initial and continuing standardized field sobriety training, advanced roadside impaired driving evaluation training, law enforcement phlebotomy training, and''; (IV) in clause (ix), by striking ``and'' at the end; (V) in clause (x), by striking the period at the end and inserting ``; and''; and (VI) by adding at the end the following: ``(xi) testing and implementing programs, and purchasing technologies, to better identify, monitor, or treat impaired drivers, including-- ``(I) oral fluid-screening technologies; ``(II) electronic warrant programs; [[Page 135 STAT. 799]] ``(III) equipment to increase the scope, quantity, quality, and timeliness of forensic toxicology chemical testing; ``(IV) case management software to support the management of impaired driving offenders; and ``(V) technology to monitor impaired-driving offenders, and equipment and related expenditures used in connection with impaired-driving enforcement in accordance with criteria established by the National Highway Traffic Safety Administration.''; and (ii) in subparagraph (C)-- (I) in the second sentence, by striking ``Medium-range'' and inserting the following: ``(ii) Medium-range and high-range states.-- Subject to clause (iii), medium-range''; (II) in the first sentence, by striking ``Low-range'' and inserting the following: ``(i) Low-range states.--Subject to clause (iii), low-range''; and (III) by adding at the end the following: ``(iii) Reporting and impaired driving measures.--A State may use grant funds for any expenditure relating to-- ``(I) increasing the timely and accurate reporting to Federal, State, and local databases of-- ``(aa) crash information, including electronic crash reporting systems that allow accurate real- or near-real-time uploading of crash information; and ``(bb) impaired driving criminal justice information; or ``(II) researching or evaluating impaired driving countermeasures.''; (B) in paragraph (6)-- (i) by striking subparagraph (A) and inserting the following: ``(A) <<NOTE: Time periods.>> Grants to states with alcohol-ignition interlock laws.--The Secretary shall make a separate grant under this subsection to each State that-- ``(i) adopts, and is enforcing, a mandatory alcohol-ignition interlock law for all individuals convicted of driving under the influence of alcohol or of driving while intoxicated; ``(ii) does not allow an individual convicted of driving under the influence of alcohol or of driving while intoxicated to receive any driving privilege or driver's license unless the individual installs on each motor vehicle registered, owned, or leased for operation by the individual an ignition interlock for a period of not less than 180 days; or ``(iii) has in effect, and is enforcing-- ``(I) a State law requiring for any individual who is convicted of, or the driving privilege of whom is revoked or denied for, refusing to submit to a chemical or other appropriate test for the [[Page 135 STAT. 800]] purpose of determining the presence or concentration of any intoxicating substance, a State law requiring a period of not less than 180 days of ignition interlock installation on each motor vehicle to be operated by the individual; and ``(II) a compliance-based removal program, under which an individual convicted of driving under the influence of alcohol or of driving while intoxicated shall-- ``(aa) satisfy a period of not less than 180 days of ignition interlock installation on each motor vehicle to be operated by the individual; and ``(bb) have completed a minimum consecutive period of not less than 40 percent of the required period of ignition interlock installation immediately preceding the date of release of the individual, without a confirmed violation.''; and (ii) in subparagraph (D), by striking ``2009'' and inserting ``2022''; and (C) in paragraph (7)(A), in the matter preceding clause (i), by inserting ``or local'' after ``authorizes a State''; (5) in subsection (e)-- (A) by striking paragraphs (6) and (8); (B) by redesignating paragraphs (1), (2), (3), (4), (5), (7), and (9) as paragraphs (2), (4), (6), (7), (8), (9), and (1), respectively, and moving the paragraphs so as to appear in numerical order; (C) in paragraph (1) (as so redesignated)-- (i) in the matter preceding subparagraph (A), by striking ``, the following definitions apply''; (ii) by striking subparagraph (B) and inserting the following: ``(B) <<NOTE: Definition.>> Personal wireless communications device.-- ``(i) In general.--The term `personal wireless communications device' means-- ``(I) a device through which personal wireless services (as defined in section 332(c)(7)(C) of the Communications Act of 1934 (47 U.S.C. 332(c)(7)(C))) are transmitted; and ``(II) a mobile telephone or other portable electronic communication device with which a user engages in a call or writes, sends, or reads a text message using at least 1 hand. ``(ii) Exclusion.--The term `personal wireless communications device' does not include a global navigation satellite system receiver used for positioning, emergency notification, or navigation purposes.''; and (iii) <<NOTE: Definitions.>> by striking subparagraph (E) and inserting the following: ``(E) Text.--The term `text' means-- ``(i) to read from, or manually to enter data into, a personal wireless communications device, including [[Page 135 STAT. 801]] for the purpose of SMS texting, emailing, instant messaging, or any other form of electronic data retrieval or electronic data communication; and ``(ii) manually to enter, send, or retrieve a text message to communicate with another individual or device. ``(F) Text message.-- ``(i) In general.--The term `text message' means-- ``(I) a text-based message; ``(II) an instant message; ``(III) an electronic message; and ``(IV) email. ``(ii) Exclusions.--The term `text message' does not include-- ``(I) an emergency, traffic, or weather alert; or ``(II) a message relating to the operation or navigation of a motor vehicle.''; (D) by striking paragraph (2) (as so redesignated) and inserting the following: ``(2) Grant program.--The Secretary shall provide a grant under this subsection to any State that includes distracted driving awareness as part of the driver's license examination of the State. ``(3) Allocation.-- ``(A) In general.--For each fiscal year, not less than 50 percent of the amounts made available to carry out this subsection shall be allocated to States, based on the proportion that-- ``(i) the apportionment of the State under section 402 for fiscal year 2009; bears to ``(ii) the apportionment of all States under section 402 for that fiscal year. ``(B) Grants for states with distracted driving laws.-- ``(i) In general.--In addition to the allocations under subparagraph (A), for each fiscal year, not more than 50 percent of the amounts made available to carry out this subsection shall be allocated to States that enact and enforce a law that meets the requirements of paragraph (4), (5), or (6)-- ``(I) based on the proportion that-- ``(aa) the apportionment of the State under section 402 for fiscal year 2009; bears to ``(bb) the apportionment of all States under section 402 for that fiscal year; and ``(II) subject to clauses (ii), (iii), and (iv), as applicable. ``(ii) Primary laws.--Subject to clause (iv), in the case of a State that enacts and enforces a law that meets the requirements of paragraph (4), (5), or (6) as a primary offense, the allocation to the State under this subparagraph shall be 100 percent of the amount calculated to be allocated to the State under clause (i)(I). ``(iii) Secondary laws.--Subject to clause (iv), in the case of a State that enacts and enforces a law [[Page 135 STAT. 802]] that meets the requirements of paragraph (4), (5), or (6) as a secondary enforcement action, the allocation to the State under this subparagraph shall be an amount equal to 50 percent of the amount calculated to be allocated to the State under clause (i)(I). ``(iv) Texting while driving.--Notwithstanding clauses (ii) and (iii), the allocation under this subparagraph to a State that enacts and enforces a law that prohibits a driver from viewing a personal wireless communications device (except for purposes of navigation) shall be 25 percent of the amount calculated to be allocated to the State under clause (i)(I).''; (E) in paragraph (4) (as so redesignated)-- (i) in the matter preceding subparagraph (A), by striking ``set forth in this'' and inserting ``of this''; (ii) by striking subparagraph (B); (iii) by redesignating subparagraphs (C) and (D) as subparagraphs (B) and (C), respectively; (iv) in subparagraph (B) (as so redesignated), by striking ``minimum''; and (v) in subparagraph (C) (as so redesignated), by striking ``text through a personal wireless communication device'' and inserting ``use a personal wireless communications device for texting''; (F) by inserting after paragraph (4) (as so redesignated) the following: ``(5) Prohibition on handheld phone use while driving.--A State law meets the requirements of this paragraph if the law-- ``(A) prohibits a driver from holding a personal wireless communications device while driving; ``(B) establishes a fine for a violation of that law; and ``(C) does not provide for an exemption that specifically allows a driver to use a personal wireless communications device for texting while stopped in traffic.''; (G) in paragraph (6) (as so redesignated)-- (i) in the matter preceding subparagraph (A), by striking ``set forth in this'' and inserting ``of this''; (ii) in subparagraph (A)(ii), by striking ``set forth in subsection (g)(2)(B)''; (iii) by striking subparagraphs (B) and (D); (iv) by redesignating subparagraph (C) as subparagraph (B); (v) in subparagraph (B) (as so redesignated), by striking ``minimum''; and (vi) by adding at the end the following: ``(C) does not provide for-- ``(i) an exemption that specifically allows a driver to use a personal wireless communications device for texting while stopped in traffic; or ``(ii) an exemption described in paragraph (7)(E).''; and (H) in paragraph (7) (as so redesignated)-- (i) in the matter preceding subparagraph (A), by striking ``set forth in paragraph (2) or (3)'' and inserting ``of paragraph (4), (5), or (6)''; [[Page 135 STAT. 803]] (ii) by striking subparagraph (A) and inserting the following: ``(A) a driver who uses a personal wireless communications device during an emergency to contact emergency services to prevent injury to persons or property;''; (iii) in subparagraph (C), by striking ``and'' at the end; (iv) by redesignating subparagraph (D) as subparagraph (F); and (v) by inserting after subparagraph (C) the following: ``(D) a driver who uses a personal wireless communications device for navigation; ``(E) except for a law described in paragraph (6), the use of a personal wireless communications device-- ``(i) in a hands-free manner; ``(ii) with a hands-free accessory; or ``(iii) with the activation or deactivation of a feature or function of the personal wireless communications device with the motion of a single swipe or tap of the finger of the driver; and''; (6) in subsection (f)(3)-- (A) in subparagraph (A)(i), by striking ``accident'' and inserting ``crash''; (B) by redesignating subparagraphs (C) through (F) as subparagraphs (D) through (G), respectively; (C) by inserting after subparagraph (B) the following: ``(C) Helmet law.--A State law requiring the use of a helmet for each motorcycle rider under the age of 18.''; and (D) in subparagraph (F) (as so redesignated), in the subparagraph heading, by striking ``accidents'' and inserting ``crashes''; (7) by striking subsection (g); (8) by redesignating subsection (h) as subsection (g); (9) in subsection (g) (as so redesignated)-- (A) by redesignating paragraphs (1) through (5) as paragraphs (2) through (6), respectively; (B) by inserting before paragraph (2) (as so redesignated) the following: ``(1) Definition of nonmotorized road user.--In this subsection, the term `nonmotorized road user' means-- ``(A) a pedestrian; ``(B) an individual using a nonmotorized mode of transportation, including a bicycle, a scooter, or a personal conveyance; and ``(C) an individual using a low-speed or low- horsepower motorized vehicle, including an electric bicycle, electric scooter, personal mobility assistance device, personal transporter, or all-terrain vehicle.''; (C) in paragraph (2) (as so redesignated), by striking ``pedestrian and bicycle fatalities and injuries that result from crashes involving a motor vehicle'' and inserting ``nonmotorized road user fatalities involving a motor vehicle in transit on a trafficway''; [[Page 135 STAT. 804]] (D) in paragraph (4) (as so redesignated), by striking ``pedestrian and bicycle'' and inserting ``nonmotorized road user''; and (E) by striking paragraph (5) (as so redesignated) and inserting the following: ``(5) Use of grant amounts.--Grant funds received by a State under this subsection may be used for the safety of nonmotorized road users, including-- ``(A) training of law enforcement officials relating to nonmotorized road user safety, State laws applicable to nonmotorized road user safety, and infrastructure designed to improve nonmotorized road user safety; ``(B) carrying out a program to support enforcement mobilizations and campaigns designed to enforce State traffic laws applicable to nonmotorized road user safety; ``(C) public education and awareness programs designed to inform motorists and nonmotorized road users regarding-- ``(i) nonmotorized road user safety, including information relating to nonmotorized mobility and the importance of speed management to the safety of nonmotorized road users; ``(ii) the value of the use of nonmotorized road user safety equipment, including lighting, conspicuity equipment, mirrors, helmets, and other protective equipment, and compliance with any State or local laws requiring the use of that equipment; ``(iii) State traffic laws applicable to nonmotorized road user safety, including the responsibilities of motorists with respect to nonmotorized road users; and ``(iv) infrastructure designed to improve nonmotorized road user safety; and ``(D) <<NOTE: Data.>> the collection of data, and the establishment and maintenance of data systems, relating to nonmotorized road user traffic fatalities.''; and (10) by adding at the end the following: ``(h) Preventing Roadside Deaths.-- ``(1) In general.--The Secretary shall provide grants to States to prevent death and injury from crashes involving motor vehicles striking other vehicles and individuals stopped at the roadside. ``(2) Federal share.--The Federal share of the cost of carrying out an activity funded through a grant under this subsection may not exceed 80 percent. ``(3) <<NOTE: Plan.>> Eligibility.--A State shall receive a grant under this subsection in a fiscal year if the State submits to the Secretary a plan that describes the method by which the State will use grant funds in accordance with paragraph (4). ``(4) Use of funds.--Amounts received by a State under this subsection shall be used by the State-- ``(A) to purchase and deploy digital alert technology that-- ``(i) is capable of receiving alerts regarding nearby first responders; and ``(ii) in the case of a motor vehicle that is used for emergency response activities, is capable of sending [[Page 135 STAT. 805]] alerts to civilian drivers to protect first responders on the scene and en route; ``(B) to educate the public regarding the safety of vehicles and individuals stopped at the roadside in the State through public information campaigns for the purpose of reducing roadside deaths and injury; ``(C) for law enforcement costs relating to enforcing State laws to protect the safety of vehicles and individuals stopped at the roadside; ``(D) for programs to identify, collect, and report to State and local government agencies data relating to crashes involving vehicles and individuals stopped at the roadside; and ``(E) to pilot and incentivize measures, including optical visibility measures, to increase the visibility of stopped and disabled vehicles. ``(5) Grant amount.--The allocation of grant funds to a State under this subsection for a fiscal year shall be in proportion to the apportionment of that State under section 402 for fiscal year 2022. ``(i) Driver and Officer Safety Education.-- ``(1) Definition of peace officer.--In this subsection, the term `peace officer' includes any individual-- ``(A) who is an elected, appointed, or employed agent of a government entity; ``(B) who has the authority-- ``(i) to carry firearms; and ``(ii) to make warrantless arrests; and ``(C) whose duties involve the enforcement of criminal laws of the United States. ``(2) Grants.--Subject to the requirements of this subsection, the Secretary shall provide grants to-- ``(A) States that enact or adopt a law or program described in paragraph (4); and ``(B) qualifying States under paragraph (7). ``(3) Federal share.--The Federal share of the cost of carrying out an activity funded through a grant under this subsection may not exceed 80 percent. ``(4) Description of law or program.--A law or program referred to in paragraph (2)(A) is a law or program that requires 1 or more of the following: ``(A) Driver education and driving safety courses.-- The inclusion, in driver education and driver safety courses provided to individuals by educational and motor vehicle agencies of the State, of instruction and testing relating to law enforcement practices during traffic stops, including information relating to-- ``(i) the role of law enforcement and the duties and responsibilities of peace officers; ``(ii) the legal rights of individuals concerning interactions with peace officers; ``(iii) best practices for civilians and peace officers during those interactions; ``(iv) the consequences for failure of an individual or officer to comply with the law or program; and ``(v) how and where to file a complaint against, or a compliment relating to, a peace officer. [[Page 135 STAT. 806]] ``(B) Peace officer training programs.--Development and implementation of a training program, including instruction and testing materials, for peace officers and reserve law enforcement officers (other than officers who have received training in a civilian course described in subparagraph (A)) with respect to proper interaction with civilians during traffic stops. ``(5) Use of funds.--A State may use a grant provided under this subsection for-- ``(A) the production of educational materials and training of staff for driver education and driving safety courses and peace officer training described in paragraph (4); and ``(B) the implementation of a law or program described in paragraph (4). ``(6) Grant amount.--The allocation of grant funds to a State under this subsection for a fiscal year shall be in proportion to the apportionment of that State under section 402 for fiscal year 2022. ``(7) Special rule for certain states.-- ``(A) Definition of qualifying state.--In this paragraph, the term `qualifying State' means a State that-- ``(i) has received a grant under this subsection for a period of not more than 5 years; and ``(ii) as determined by the Secretary-- ``(I) has not fully enacted or adopted a law or program described in paragraph (4); but ``(II)(aa) has taken meaningful steps toward the full implementation of such a law or program; and ``(bb) has established a timetable for the implementation of such a law or program. ``(B) Withholding.--The Secretary shall-- ``(i) withhold 50 percent of the amount that each qualifying State would otherwise receive under this subsection if the qualifying State were a State described in paragraph (2)(A); and ``(ii) direct any amounts withheld under clause (i) for distribution among the States that are enforcing and carrying out a law or program described in paragraph (4).''. (b) Technical Amendment.--Section 4010(2) of the FAST Act (23 U.S.C. 405 note; Public Law 114-94) is amended by inserting ``all'' before ``deficiencies''. (c) <<NOTE: 23 USC 405 note.>> Effective Date.--The amendments made by subsection (a) shall take effect with respect to any grant application or State highway safety plan submitted under chapter 4 of title 23, United States Code, for fiscal year 2024 or thereafter. SEC. 24106. MULTIPLE SUBSTANCE-IMPAIRED DRIVING PREVENTION. (a) Impaired Driving Countermeasures.--Section 154(c)(1) of title 23, United States Code, is amended by striking ``alcohol-impaired'' each place it appears and inserting ``impaired''. (b) Comptroller General Study of National DUI Reporting.-- (1) In general.--The Comptroller General of the United States shall conduct a study of the reporting of impaired driving [[Page 135 STAT. 807]] arrest and citation data into Federal databases and the interstate sharing of information relating to impaired driving- related convictions and license suspensions to facilitate the widespread identification of repeat impaired driving offenders. (2) <<NOTE: Assessment. Data.>> Inclusions.--The study conducted under paragraph (1) shall include a detailed assessment of-- (A) the extent to which State and local criminal justice agencies are reporting impaired driving arrest and citation data to Federal databases; (B) barriers-- (i) at the Federal, State, and local levels, to the reporting of impaired driving arrest and citation data to Federal databases; and (ii) to the use of those databases by criminal justice agencies; (C) Federal, State, and local resources available to improve the reporting and sharing of impaired driving data; and (D) <<NOTE: Recommenda- tions.>> any options or recommendations for actions that Federal agencies or Congress could take to further improve the reporting and sharing of impaired driving data. (3) Report.--Not later than 1 year after the date of enactment of this Act, the Comptroller General shall submit to the appropriate committees of Congress a report describing the results of the study conducted under this subsection. SEC. 24107. MINIMUM PENALTIES FOR REPEAT OFFENDERS FOR DRIVING WHILE INTOXICATED OR DRIVING UNDER THE INFLUENCE. Section 164(b)(1) of title 23, United States Code, is amended-- (1) in subparagraph (A), by striking ``alcohol-impaired'' and inserting ``alcohol- or multiple substance-impaired''; and (2) in subparagraph (B)-- (A) by striking ``intoxicated or driving'' and inserting ``intoxicated, driving while multiple substance-impaired, or driving''; and (B) by striking ``alcohol-impaired'' and inserting ``alcohol- or multiple substance-impaired''. SEC. 24108. <<NOTE: 23 USC 405 note.>> CRASH DATA. (a) <<NOTE: Deadline.>> In General.--Not later than 3 years after the date of enactment of this Act, the Secretary shall revise the crash data collection system to include the collection of crash report data elements that distinguish individual personal conveyance vehicles, such as electric scooters and bicycles, from other vehicles involved in a crash. (b) Coordination.--In carrying out subsection (a), the Secretary may coordinate with States to update the Model Minimum Uniform Crash Criteria to provide guidance to States regarding the collection of information and data elements for the crash data collection system. (c) Vulnerable Road Users.-- (1) Update.--Based on the information contained in the vulnerable road user safety assessments required by subsection (f) of section 32302 of title 49, United States Code (as added by section 24213(b)(2)), the Secretary shall modify existing [[Page 135 STAT. 808]] crash data collection systems to include the collection of additional crash report data elements relating to vulnerable road user safety. (2) <<NOTE: Coordination.>> Injury health data.--The Secretary shall coordinate with the Director of the Centers for Disease Control and Prevention to develop and implement a plan for States to combine highway crash data and injury health data to produce a national database of pedestrian injuries and fatalities, disaggregated by demographic characteristics. (d) State Electronic Data Collection.-- (1) Definitions.--In this subsection: (A) Electronic data transfer.--The term ``electronic data transfer'' means a protocol for automated electronic transfer of State crash data to the National Highway Traffic Safety Administration. (B) State.--The term ``State'' means-- (i) each of the 50 States; (ii) the District of Columbia; (iii) the Commonwealth of Puerto Rico; (iv) the United States Virgin Islands; (v) Guam; (vi) American Samoa; (vii) the Commonwealth of the Northern Mariana Islands; and (viii) the Secretary of the Interior, acting on behalf of an Indian Tribe. (2) Establishment of program.--The Secretary shall establish a program under which the Secretary shall-- (A) <<NOTE: Grants.>> provide grants for the modernization of State data collection systems to enable full electronic data transfer under paragraph (3); and (B) upgrade the National Highway Traffic Safety Administration system to manage and support State electronic data transfers relating to crashes under paragraph (4). (3) State grants.-- (A) In general.--The Secretary shall provide grants to States to upgrade and standardize State crash data systems to enable electronic data collection, intrastate data sharing, and electronic data transfers to the National Highway Traffic Safety Administration to increase the accuracy, timeliness, and accessibility of the data, including data relating to fatalities involving vulnerable road users. (B) <<NOTE: Plan. Deadline.>> Eligibility.--A State shall be eligible to receive a grant under this paragraph if the State submits to the Secretary an application, at such time, in such manner, and containing such information as the Secretary may require, that includes a plan to implement full electronic data transfer to the National Highway Traffic Safety Administration by not later than 5 years after the date on which the grant is provided. (C) Use of funds.--A grant provided under this paragraph may be used for the costs of-- (i) equipment to upgrade a statewide crash data repository; (ii) adoption of electronic crash reporting by law enforcement agencies; and [[Page 135 STAT. 809]] (iii) increasing alignment of State crash data with the latest Model Minimum Uniform Crash Criteria. (D) Federal share.--The Federal share of the cost of a project funded with a grant under this paragraph may be up to 80 percent. (4) National highway traffic safety administration system upgrade.--The Secretary shall manage and support State electronic data transfers relating to vehicle crashes by-- (A) increasing the capacity of the National Highway Traffic Safety Administration system; and (B) <<NOTE: Public information.>> making State crash data accessible to the public. (e) Crash Investigation Sampling System.--The Secretary may use funds made available to carry out this section to enhance the collection of crash data by upgrading the Crash Investigation Sampling System to include-- (1) additional program sites; (2) an expanded scope that includes all crash types; and (3) on-scene investigation protocols. (f) <<NOTE: Time periods.>> Authorization of Appropriations.--There is authorized to be appropriated to the Secretary to carry out this section $150,000,000 for each of fiscal years 2022 through 2026, to remain available for a period of 3 fiscal years following the fiscal year for which the amounts are appropriated. SEC. 24109. REVIEW OF MOVE OVER OR SLOW DOWN LAW PUBLIC AWARENESS. (a) Definition of Move Over or Slow Down Law.--In this section, the term ``Move Over or Slow Down Law'' means any Federal or State law intended to ensure first responder and motorist safety by requiring motorists to change lanes or slow down when approaching an authorized emergency vehicle that is stopped or parked on or next to a roadway with emergency lights activated. (b) Study.-- (1) In general.--The Comptroller General of the United States shall carry out a study of the efficacy of Move Over or Slow Down Laws and related public awareness campaigns. (2) Inclusions.--The study under paragraph (1) shall include-- (A) <<NOTE: Review.>> a review of each Federal and State Move Over or Slow Down Law, including-- (i) penalties associated with the Move Over or Slow Down Laws; (ii) the level of enforcement of Move Over or Slow Down Laws; and (iii) the applicable class of vehicles that triggers Move Over or Slow Down Laws. (B) an identification and description of each Federal and State public awareness campaign relating to Move Over or Slow Down Laws; and (C) a description of the role of the Department in supporting State efforts with respect to Move Over or Slow Down Laws, such as conducting research, collecting data, or supporting public awareness or education efforts. [[Page 135 STAT. 810]] (c) Report.--On completion of the study under subsection (b), the Comptroller General shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report that describes-- (1) the findings of the study; and (2) <<NOTE: Recommenda- tions.>> any recommendations to improve public awareness campaigns, research, or education efforts relating to the issues described in subsection (b)(2). SEC. 24110. REVIEW OF LAWS, SAFETY MEASURES, AND TECHNOLOGIES RELATING TO SCHOOL BUSES. (a) Review of Illegal Passing Laws.-- (1) <<NOTE: Reports.>> In general.--Not later than 2 years after the date of enactment of this Act, the Secretary shall prepare a report that-- (A) identifies and describes all illegal passing laws in each State relating to school buses, including-- (i) the level of enforcement of those laws; (ii) the penalties associated with those laws; (iii) any issues relating to the enforcement of those laws; and (iv) the effectiveness of those laws; (B) reviews existing State laws that may inhibit the effectiveness of safety countermeasures in school bus loading zones, such as-- (i) laws that require the face of a driver to be visible in an image captured by a camera if enforcement action is to be taken based on that image; (ii) laws that may reduce stop-arm camera effectiveness; (iii) the need for a law enforcement officer to witness an event for enforcement action to be taken; and (iv) the lack of primary enforcement for texting and driving offenses; (C) identifies the methods used by each State to review, document, and report to law enforcement school bus stop-arm violations; and (D) identifies best practices relating to the most effective approaches to address the illegal passing of school buses. (2) <<NOTE: Public information. Web posting.>> Publication.--The report under paragraph (1) shall be made publicly available on the website of the Department. (b) <<NOTE: 23 USC 402 note.>> Public Safety Messaging Campaign.-- (1) <<NOTE: Deadline.>> In general.--Not later than 1 year after the date of enactment of this Act, the Secretary shall establish and implement a public safety messaging campaign that uses public safety media messages, posters, digital media messages, and other media messages distributed to States, State departments of motor vehicles, schools, and other public outlets-- (A) to highlight the importance of addressing the illegal passing of school buses; and (B) to educate students and the public regarding the safe loading and unloading of schools buses. (2) Consultation.--In carrying out paragraph (1), the Secretary shall consult with-- [[Page 135 STAT. 811]] (A) representatives of the school bus industry from the public and private sectors; and (B) States. (3) Updates.--The Secretary shall periodically update the materials used in the campaign under paragraph (1). (c) Review of Technologies.-- (1) <<NOTE: Reports. Evaluation.>> In general.--Not later than 2 years after the date of enactment of this Act, the Secretary shall review and evaluate the effectiveness of various technologies for enhancing school bus safety, including technologies such as-- (A) cameras; (B) audible warning systems; and (C) enhanced lighting. (2) Inclusions.--The review under paragraph (1)-- (A) <<NOTE: Assessments.>> shall include-- (i) an assessment of-- (I) the costs of acquiring and operating new equipment; (II) the potential impact of that equipment on overall school bus ridership; and (III) motion-activated detection systems capable of-- (aa) detecting pedestrians, cyclists, and other road users located near the exterior of the school bus; and (bb) alerting the operator of the school bus of those road users; (ii) an assessment of the impact of advanced technologies designed to improve loading zone safety; and (iii) an assessment of the effectiveness of school bus lighting systems at clearly communicating to surrounding drivers the appropriate actions those drivers should take; and (B) <<NOTE: Evaluation.>> may include an evaluation of any technological solutions that may enhance school bus safety outside the school bus loading zone. (3) Consultation.--In carrying out the review under paragraph (1), the Secretary shall consult with-- (A) manufacturers of school buses; (B) manufacturers of various technologies that may enhance school bus safety; and (C) representatives of the school bus industry from the public and private sectors. (4) <<NOTE: Public information. Web posting.>> Publication.--The Secretary shall make the findings of the review under paragraph (1) publicly available on the website of the Department. (d) Review of Driver Education Materials.-- (1) <<NOTE: Deadline.>> In general.--Not later than 2 years after the date of enactment of this Act, the Secretary shall-- (A) review driver manuals, handbooks, and other materials in all States to determine whether and the means by which illegal passing of school buses is addressed in those driver materials, including in-- (i) testing for noncommercial driver's licenses; and (ii) road tests; and [[Page 135 STAT. 812]] (B) <<NOTE: Recommenda- tions.>> make recommendations on methods by which States can improve education regarding the illegal passing of school buses, particularly for new drivers. (2) Consultation.--In carrying out paragraph (1), the Secretary shall consult with-- (A) representatives of the school bus industry from the public and private sectors; (B) States; (C) State motor vehicle administrators or senior State executives responsible for driver licensing; and (D) other appropriate motor vehicle experts. (3) <<NOTE: Public information. Web posting.>> Publication.--The Secretary shall make the findings of the review under paragraph (1) publicly available on the website of the Department. (e) Review of Other Safety Issues.-- (1) <<NOTE: Research and development. Reports.>> In general.--Not later than 2 years after the date of enactment of this Act, the Secretary shall research and prepare a report describing any relationship between the illegal passing of school buses and other safety issues, including issues such as-- (A) distracted driving; (B) poor visibility, such as morning darkness; (C) illumination and reach of vehicle headlights; (D) speed limits; and (E) characteristics associated with school bus stops, including the characteristics of school bus stops in rural areas. (2) <<NOTE: Public information. Web posting.>> Publication.--The Secretary shall make the report under paragraph (1) publicly available on the website of the Department. SEC. 24111. MOTORCYCLIST ADVISORY COUNCIL. (a) In General.--Subchapter III of chapter 3 of title 49, United States Code, is amended by adding at the end the following: ``Sec. 355. <<NOTE: 49 USC 355.>> Motorcyclist Advisory Council ``(a) <<NOTE: Deadline.>> Establishment.--Not later than 90 days after the date of enactment of this section, the Secretary of Transportation (referred to in this section as the `Secretary') shall establish a council, to be known as the `Motorcyclist Advisory Council' (referred to in this section as the `Council'). ``(b) Membership.-- ``(1) <<NOTE: Appointments.>> In general.--The Council shall be comprised of 13 members, to be appointed by the Secretary, of whom-- ``(A) 5 shall be representatives of units of State or local government with expertise relating to highway engineering and safety issues, including-- ``(i) motorcycle and motorcyclist safety; ``(ii) barrier and road design, construction, and maintenance; or ``(iii) intelligent transportation systems; ``(B) 1 shall be a motorcyclist who serves as a State or local-- ``(i) traffic and safety engineer; ``(ii) design engineer; or ``(iii) other transportation department official; [[Page 135 STAT. 813]] ``(C) 1 shall be a representative of a national association of State transportation officials; ``(D) 1 shall be a representative of a national motorcyclist association; ``(E) 1 shall be a representative of a national motorcyclist foundation; ``(F) 1 shall be a representative of a national motorcycle manufacturing association; ``(G) 1 shall be a representative of a motorcycle manufacturing company headquartered in the United States; ``(H) 1 shall be a roadway safety data expert with expertise relating to crash testing and analysis; and ``(I) 1 shall be a member of a national safety organization that represents the traffic safety systems industry. ``(2) Term.-- ``(A) In general.--Subject to subparagraphs (B) and (C), each member shall serve on the Council for a single term of 2 years. ``(B) Additional term.--If a successor is not appointed for a member of the Council before the expiration of the term of service of the member, the member may serve on the Council for a second term of not longer than 2 years. ``(C) Appointment of replacements.--If a member of the Council resigns before the expiration of the 2-year term of service of the member-- ``(i) the Secretary may appoint a replacement for the member, who shall serve the remaining portion of the term; and ``(ii) the resigning member may continue to serve after resignation until the date on which a successor is appointed. ``(3) Vacancies.--A vacancy on the Council shall be filled in the manner in which the original appointment was made. ``(4) Compensation.--A member of the Council shall serve without compensation. ``(c) Duties.-- ``(1) Advising.--The Council shall advise the Secretary, the Administrator of the National Highway Traffic Safety Administration, and the Administrator of the Federal Highway Administration regarding transportation safety issues of concern to motorcyclists, including-- ``(A) motorcycle and motorcyclist safety; ``(B) barrier and road design, construction, and maintenance practices; and ``(C) the architecture and implementation of intelligent transportation system technologies. ``(2) <<NOTE: Recommenda- tions.>> Biennial report.--Not later than October 31 of the calendar year following the calendar year in which the Council is established, and not less frequently than once every 2 years thereafter, the Council shall submit to the Secretary a report containing recommendations of the Council regarding the issues described in paragraph (1). ``(d) Duties of Secretary.-- ``(1) Council recommendations.-- [[Page 135 STAT. 814]] ``(A) <<NOTE: Determination.>> In general.--The Secretary shall determine whether to accept or reject a recommendation contained in a report of the Council under subsection (c)(2). ``(B) Inclusion in review.-- ``(i) In general.--The Secretary shall indicate in each review under paragraph (2) whether the Secretary accepts or rejects each recommendation of the Council covered by the review. ``(ii) Exception.--The Secretary may indicate in a review under paragraph (2) that a recommendation of the Council is under consideration, subject to the condition that a recommendation so under consideration shall be accepted or rejected by the Secretary in the subsequent review of the Secretary under paragraph (2). ``(2) Review.-- ``(A) <<NOTE: Deadline.>> In general.--Not later than 60 days after the date on which the Secretary receives a report from the Council under subsection (c)(2), the Secretary shall submit a review describing the response of the Secretary to the recommendations of the Council contained in the Council report to-- ``(i) the Committee on Commerce, Science, and Transportation of the Senate; ``(ii) the Committee on Environment and Public Works of the Senate; ``(iii) the Subcommittee on Transportation, Housing and Urban Development, and Related Agencies of the Committee on Appropriations of the Senate; ``(iv) the Committee on Transportation and Infrastructure of the House of Representatives; and ``(v) the Subcommittee on Transportation, Housing and Urban Development, and Related Agencies of the Committee on Appropriations of the House of Representatives. ``(B) Contents.--A review of the Secretary under this paragraph shall include a description of-- ``(i) each recommendation contained in the Council report covered by the review; and ``(ii)(I) each recommendation of the Council that was categorized under paragraph (1)(B)(ii) as being under consideration by the Secretary in the preceding review submitted under this paragraph; and ``(II) for each such recommendation, whether the recommendation-- ``(aa) is accepted or rejected by the Secretary; or ``(bb) remains under consideration by the Secretary. ``(3) Administrative and technical support.--The Secretary shall provide to the Council such administrative support, staff, and technical assistance as the Secretary determines to be necessary to carry out the duties of the Council under this section. ``(e) Termination.--The Council shall terminate on the date that is 6 years after the date on which the Council is established under subsection (a).''. [[Page 135 STAT. 815]] (b) Clerical Amendment.--The analysis for subchapter III of chapter 3 of title 49, United States Code, <<NOTE: 49 USC 301 prec.>> is amended by inserting after the item relating to section 354 the following: ``355. Motorcyclist Advisory Council.''. (c) Conforming Amendments.-- (1) <<NOTE: Repeal.>> Section 1426 of the FAST Act (23 U.S.C. 101 note; Public Law 114-94) is repealed. (2) The table of contents for the FAST Act (Public Law 114- 94; 129 Stat. 1313) is amended by striking the item relating to section 1426. SEC. 24112. <<NOTE: 23 USC 402 note.>> SAFE STREETS AND ROADS FOR ALL GRANT PROGRAM. (a) Definitions.--In this section: (1) Comprehensive safety action plan.--The term ``comprehensive safety action plan'' means a plan aimed at preventing transportation-related fatalities and serious injuries in a locality, commonly referred to as a ``Vision Zero'' or ``Toward Zero Deaths'' plan, that may include-- (A) a goal and timeline for eliminating fatalities and serious injuries; (B) an analysis of the location and severity of vehicle-involved crashes in a locality; (C) an analysis of community input, gathered through public outreach and education; (D) a data-driven approach to identify projects or strategies to prevent fatalities and serious injuries in a locality, such as those involving-- (i) education and community outreach; (ii) effective methods to enforce traffic laws and regulations; (iii) new vehicle or other transportation- related technologies; and (iv) roadway planning and design; and (E) mechanisms for evaluating the outcomes and effectiveness of the comprehensive safety action plan, including the means by which that effectiveness will be reported to residents in a locality. (2) Eligible entity.--The term ``eligible entity'' means-- (A) a metropolitan planning organization; (B) a political subdivision of a State; (C) a federally recognized Tribal government; and (D) a multijurisdictional group of entities described in any of subparagraphs (A) through (C). (3) Eligible project.--The term ``eligible project'' means a project-- (A) to develop a comprehensive safety action plan; (B) to conduct planning, design, and development activities for projects and strategies identified in a comprehensive safety action plan; or (C) to carry out projects and strategies identified in a comprehensive safety action plan. (4) Program.--The term ``program'' means the Safe Streets and Roads for All program established under subsection (b). (b) Establishment.--The Secretary shall establish and carry out a program, to be known as the Safe Streets and Roads for All program, that supports local initiatives to prevent death and [[Page 135 STAT. 816]] serious injury on roads and streets, commonly referred to as ``Vision Zero'' or ``Toward Zero Deaths'' initiatives. (c) Grants.-- (1) In general.--In carrying out the program, the Secretary may make grants to eligible entities, on a competitive basis, in accordance with this section. (2) Limitations.-- (A) In general.--Not more than 15 percent of the funds made available to carry out the program for a fiscal year may be awarded to eligible projects in a single State during that fiscal year. (B) Planning grants.--Of the total amount made available to carry out the program for each fiscal year, not less than 40 percent shall be awarded to eligible projects described in subsection (a)(3)(A). (d) Selection of Eligible Projects.-- (1) <<NOTE: Deadline.>> Solicitation.--Not later than 180 days after the date on which amounts are made available to provide grants under the program for a fiscal year, the Secretary shall solicit from eligible entities grant applications for eligible projects in accordance with this section. (2) Applications.-- (A) In general.--To be eligible to receive a grant under the program, an eligible entity shall submit to the Secretary an application in such form and containing such information as the Secretary considers to be appropriate. (B) Requirement.--An application for a grant under this paragraph shall include mechanisms for evaluating the success of applicable eligible projects and strategies. (3) Considerations.--In awarding a grant under the program, the Secretary shall take into consideration the extent to which an eligible entity, and each eligible project proposed to be carried out by the eligible entity, as applicable-- (A) is likely to significantly reduce or eliminate transportation-related fatalities and serious injuries involving various road users, including pedestrians, bicyclists, public transportation users, motorists, and commercial operators, within the timeframe proposed by the eligible entity; (B) demonstrates engagement with a variety of public and private stakeholders; (C) seeks to adopt innovative technologies or strategies to promote safety; (D) employs low-cost, high-impact strategies that can improve safety over a wider geographical area; (E) ensures, or will ensure, equitable investment in the safety needs of underserved communities in preventing transportation-related fatalities and injuries; (F) includes evidence-based projects or strategies; and (G) achieves such other conditions as the Secretary considers to be necessary. (4) Transparency.-- (A) <<NOTE: Evaluation.>> In general.--The Secretary shall evaluate, through a methodology that is discernible and transparent to the public, the means by, and extent to, which each application under the program addresses any applicable merit criteria established by the Secretary. [[Page 135 STAT. 817]] (B) Publication.--The methodology under subparagraph (A) shall be published by the Secretary as part of the notice of funding opportunity under the program. (e) Federal Share.--The Federal share of the cost of an eligible project carried out using a grant provided under the program shall not exceed 80 percent. (f) Funding.-- (1) <<NOTE: Time periods.>> Authorization of appropriations.--There is authorized to be appropriated to carry out this section $200,000,000 for each of fiscal years 2022 through 2026, to remain available for a period of 3 fiscal years following the fiscal year for which the amounts are appropriated. (2) Administrative expenses.--Of the amounts made available to carry out the program for a fiscal year, the Secretary may retain not more than 2 percent for the administrative expenses of the program. (3) <<NOTE: Time period.>> Availability to eligible entities.--Amounts made available under a grant under the program shall remain available for use by the applicable eligible entity until the date that is 5 years after the date on which the grant is provided. (g) Data Submission.-- (1) In general.--As a condition of receiving a grant under this program, an eligible entity shall submit to the Secretary, on a regular basis as established by the Secretary, data, information, or analyses collected or conducted in accordance with subsection (d)(3). (2) Form.--The data, information, and analyses under paragraph (1) shall be submitted in such form such manner as may be prescribed by the Secretary. (h) Reports.--Not later than 120 days after the end of the period of performance for a grant under the program, the eligible entity shall submit to the Secretary a report that describes-- (1) the costs of each eligible project carried out using the grant; (2) the outcomes and benefits that each such eligible project has generated, as-- (A) identified in the grant application of the eligible entity; and (B) measured by data, to the maximum extent practicable; and (3) the lessons learned and any recommendations relating to future projects or strategies to prevent death and serious injury on roads and streets. (i) Best Practices.--Based on the information submitted by eligible entities under subsection (g), the Secretary shall-- (1) periodically post on a publicly available website best practices and lessons learned for preventing transportation- related fatalities and serious injuries pursuant to strategies or interventions implemented under the program; and (2) evaluate and incorporate, as appropriate, the effectiveness of strategies and interventions implemented under the program for the purpose of enriching revisions to the document entitled ``Countermeasures That Work: A Highway Safety Countermeasure Guide for State Highway Safety Offices, Ninth Edition'' and numbered DOT HS 812 478 (or any successor document). [[Page 135 STAT. 818]] SEC. 24113. <<NOTE: Deadlines.>> IMPLEMENTATION OF GAO RECOMMENDATIONS. (a) <<NOTE: 47 USC 942 note.>> Next Generation 911.-- (1) In general.--Not later than 1 year after the date of enactment of this Act, the Secretary shall implement the recommendations of the Comptroller General of the United States contained in the report entitled ``Next Generation 911: National 911 Program Could Strengthen Efforts to Assist States'', numbered GAO-18-252, and dated January 1, 2018, by requiring that the Administrator of the National Highway Traffic Safety Administration, in collaboration with the appropriate Federal agencies, shall determine the roles and responsibilities of the Federal agencies participating in the initiative entitled ``National NG911 Roadmap initiative'' to carry out the national- level tasks with respect which each agency has jurisdiction. (2) Implementation plan.--The Administrator of the National Highway Traffic Safety Administration shall develop an implementation plan to support the completion of national-level tasks under the National NG911 Roadmap initiative. (b) <<NOTE: 23 USC 402 note.>> Pedestrian and Cyclists Information and Enhanced Performance Management.-- (1) In general.--Not later than 2 years after the date of enactment of this Act, the Secretary shall implement the recommendations of the Comptroller General of the United States contained in the report entitled ``Pedestrians and Cyclists: Better Information to States and Enhanced Performance Management Could Help DOT Improve Safety'', numbered GAO-21-405, and dated May 20, 2021, by-- (A) carrying out measures to collect information relating to the range of countermeasures implemented by States; (B) <<NOTE: Analysis.>> analyzing that information to help advance knowledge regarding the effectiveness of those countermeasures; and (C) sharing with States any results. (2) Performance management practices.--The Administrator of the National Highway Traffic Safety Administration shall use performance management practices to guide pedestrian and cyclist safety activities by-- (A) developing performance measures for the Administration and program offices responsible for implementing pedestrian and cyclist safety activities to demonstrate the means by which those activities contribute to safety goals; and (B) using performance information to make any necessary changes to advance pedestrian and cyclist safety efforts. Subtitle B--Vehicle Safety SEC. 24201. <<NOTE: Time period.>> AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to the Secretary to carry out chapter 301, and part C of subtitle VI, of title 49, United States Code-- (1) $200,294,333 for fiscal year 2022; (2) $204,300,219 for fiscal year 2023; [[Page 135 STAT. 819]] (3) $208,386,224 for fiscal year 2024; (4) $212,553,948 for fiscal year 2025; and (5) $216,805,027 for fiscal year 2026. SEC. 24202. RECALL COMPLETION. (a) Reports on Recall Campaigns.--Section 30118 of title 49, United States Code, is amended by adding at the end the following: ``(f) Reports on Notification Campaigns.-- ``(1) In general.--Each manufacturer that is conducting a campaign under subsection (b) or (c) or any other provision of law (including regulations) to notify manufacturers, distributors, owners, purchasers, or dealers of a defect or noncompliance shall submit to the Administrator of the National Highway Traffic Safety Administration-- ``(A) by the applicable date described in section 573.7(d) of title 49, Code of Federal Regulations (or a successor regulation), a quarterly report describing the campaign for each of 8 consecutive quarters, beginning with the quarter in which the campaign was initiated; and ``(B) <<NOTE: Time periods.>> an annual report for each of the 3 years beginning after the date of completion of the last quarter for which a quarterly report is submitted under subparagraph (A). ``(2) <<NOTE: Compliance.>> Requirements.--Except as otherwise provided in this subsection, each report under this subsection shall comply with the requirements of section 573.7 of title 49, Code of Federal Regulations (or a successor regulation).''. (b) Recall Completion Rates.--Section 30120 of title 49, United States Code, is amended by adding at the end the following: ``(k) Recall Completion Rates.-- ``(1) <<NOTE: Publication. List.>> In general.--The Administrator of the National Highway Traffic Safety Administration shall publish an annual list of recall completion rates for each recall campaign for which 8 quarterly reports have been submitted under subsection (f) of section 30118 as of the date of publication of the list. ``(2) Requirements.--The annual list under paragraph (1) shall include-- ``(A) for each applicable campaign-- ``(i) the total number of vehicles subject to recall; and ``(ii) the percentage of vehicles that have been remedied; and ``(B) for each manufacturer submitting an applicable quarterly report under section 30118(f)-- ``(i) the total number of recalls issued by the manufacturer during the year covered by the list; ``(ii) the estimated number of vehicles of the manufacturer subject to recall during the year covered by the list; and ``(iii) the percentage of vehicles that have been remedied.''. SEC. 24203. RECALL ENGAGEMENT. (a) <<NOTE: Deadline.>> Recall Repair.--Not later than 2 years after the date of enactment of this Act, the Comptroller General of the United States shall-- (1) <<NOTE: Study. Determination.>> conduct a study to determine-- [[Page 135 STAT. 820]] (A) the reasons why vehicle owners do not have repairs performed for vehicles subject to open recalls; and (B) whether engagement by third parties, including State and local governments, insurance companies, or other entities, could increase the rate at which vehicle owners have repairs performed for vehicles subject to open recalls; and (2) <<NOTE: Reports. Recommenda- tions.>> submit to Congress a report describing the results of the study under paragraph (1), including any recommendations for increasing the rate of repair for vehicles subject to open recalls. (b) <<NOTE: Deadline.>> Ridesharing.--Not later than 18 months after the date of enactment of this Act, the Comptroller General shall-- (1) <<NOTE: Study. Determination.>> conduct a study to determine the number of passenger motor vehicles in each State that-- (A) are used by transportation network companies for for-hire purposes, such as ridesharing; and (B) have 1 or more open recalls; and (2) <<NOTE: Reports.>> submit to Congress a report describing the results of the study under paragraph (1). (c) NHTSA Study and Report.--Not later than 3 years after the date of enactment of this Act, the Administrator of the National Highway Traffic Safety Administration shall-- (1) conduct a study to determine the ways in which vehicle recall notices could-- (A) more effectively reach vehicle owners; (B) be made easier for all consumers to understand; and (C) incentivize vehicle owners to complete the repairs described in the recall notices; and (2) <<NOTE: Recommenda- tions.>> submit to Congress a report describing the results of the study under paragraph (1), including any recommendations for-- (A) increasing the rate of repair for vehicles subject to open recalls; or (B) any regulatory or statutory legislative changes that would facilitate an increased rate of repair. SEC. 24204. <<NOTE: Regulations. 49 USC 30111 note.>> MOTOR VEHICLE SEAT BACK SAFETY STANDARDS. (a) <<NOTE: Deadlines.>> In General.--Not later than 2 years after the date of enactment of this Act, subject to subsection (b), the Secretary shall issue an advanced notice of proposed rulemaking to update section 571.207 of title 49, Code of Federal Regulations. (b) <<NOTE: Determination.>> Compliance Date.--If the Secretary determines that a final rule is appropriate consistent with the considerations described in section 30111(b) of title 49, United States Code, in issuing a final rule pursuant to subsection (a), the Secretary shall establish a date for required compliance with the final rule of not later than 2 motor vehicle model years after the model year during which the effective date of the final rule occurs. SEC. 24205. <<NOTE: 49 USC 30111 note.>> AUTOMATIC SHUTOFF. (a) Definitions.--In this section: (1) Key.--The term ``key'' has the meaning given the term in section 571.114 of title 49, Code of Federal Regulations (or a successor regulation). [[Page 135 STAT. 821]] (2) Manufacturer.--The term ``manufacturer'' has the meaning given the term in section 30102(a) of title 49, United States Code. (3) Motor vehicle.-- (A) In general.--The term ``motor vehicle'' has the meaning given the term in section 30102(a) of title 49, United States Code. (B) Exclusions.--The term ``motor vehicle'' does not include-- (i) a motorcycle or trailer (as those terms are defined in section 571.3 of title 49, Code of Federal Regulations (or a successor regulation)); (ii) any motor vehicle with a gross vehicle weight rating of more than 10,000 pounds; (iii) a battery electric vehicle; or (iv) a motor vehicle that requires extended periods with the engine in idle to operate in service mode or to operate equipment, such as an emergency vehicle (including a police vehicle, an ambulance, or a tow vehicle) and a commercial-use vehicle (including a refrigeration vehicle). (b) Automatic Shutoff Systems for Motor Vehicles.-- (1) Final rule.-- (A) <<NOTE: Deadline.>> In general.--Not later than 2 years after the date of enactment of this Act, the Secretary shall issue a final rule amending section 571.114 of title 49, Code of Federal Regulations, to require manufacturers to install in each motor vehicle that is equipped with a keyless ignition device and an internal combustion engine a device or system to automatically shutoff the motor vehicle after the motor vehicle has idled for the period described in subparagraph (B). (B) Description of period.-- (i) In general.--The period referred to in subparagraph (A) is the period designated by the Secretary as necessary to prevent, to the maximum extent practicable, carbon monoxide poisoning. (ii) Different periods.--The Secretary may designate different periods under clause (i) for different types of motor vehicles, depending on the rate at which the motor vehicle emits carbon monoxide, if-- (I) <<NOTE: Determination.>> the Secretary determines a different period is necessary for a type of motor vehicle for purposes of section 30111 of title 49, United States Code; and (II) requiring a different period for a type of motor vehicle is consistent with the prevention of carbon monoxide poisoning. (2) <<NOTE: Effective date.>> Deadline.--Unless the Secretary finds good cause to phase-in or delay implementation, the rule issued pursuant to paragraph (1) shall take effect on September 1 of the first calendar year beginning after the date on which the Secretary issues the rule. (c) Preventing Motor Vehicles From Rolling Away.-- (1) <<NOTE: Study. Evaluation.>> Requirement.--The Secretary shall conduct a study of the regulations contained in part 571 of title 49, Code of Federal Regulations, to evaluate the potential consequences [[Page 135 STAT. 822]] and benefits of the installation by manufacturers of technology to prevent movement of motor vehicles equipped with keyless ignition devices and automatic transmissions when-- (A) the transmission of the motor vehicle is not in the park setting; (B) the motor vehicle does not exceed the speed determined by the Secretary under paragraph (2); (C) the seat belt of the operator of the motor vehicle is unbuckled; (D) the service brake of the motor vehicle is not engaged; and (E) the door for the operator of the motor vehicle is open. (2) <<NOTE: Recommenda- tions.>> Review and report.--The Secretary shall-- (A) provide a recommended maximum speed at which a motor vehicle may be safely locked in place under the conditions described in subparagraphs (A), (C), (D), and (E) of paragraph (1) to prevent vehicle rollaways; and (B) not later than 1 year after the date of completion of the study under paragraph (1), submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report-- (i) describing the findings of the study; and (ii) providing additional recommendations, if any. SEC. 24206. PETITIONS BY INTERESTED PERSONS FOR STANDARDS AND ENFORCEMENT. Section 30162 of title 49, United States Code, is amended-- (1) in subsection (b), by striking ``The petition'' and inserting ``A petition under this section''; (2) in subsection (c), by striking ``the petition'' and inserting ``a petition under this section''; and (3) in subsection (d)-- (A) in the third sentence, by striking ``If a petition'' and inserting the following: ``(3) Denial.--If a petition under this section''; (B) in the second sentence , by striking ``If a petition is granted'' and inserting the following: ``(2) Approval.--If a petition under this section is approved''; and (C) in the first sentence, by striking ``The Secretary shall grant or deny a petition'' and inserting the following: ``(1) <<NOTE: Determination.>> In general.--The Secretary shall determine whether to approve or deny a petition under this section by''. SEC. 24207. CHILD SAFETY SEAT ACCESSIBILITY STUDY. (a) <<NOTE: Coordination.>> In General.--The Secretary, in coordination with other relevant Federal departments and agencies, including the Secretary of Agriculture, the Secretary of Education, and the Secretary of Health and Human Services, shall conduct a study to review the status of motor vehicle child safety seat accessibility for low-income families and underserved populations. (b) Addressing Needs.--In conducting the study under subsection (a), the Secretary shall-- (1) <<NOTE: Examination.>> examine the impact of Federal funding provided under section 405 of title 23, United States Code; and [[Page 135 STAT. 823]] (2) <<NOTE: Plan.>> develop a plan for addressing any needs identified in the study, including by working with social service providers. SEC. 24208. CRASH AVOIDANCE TECHNOLOGY. (a) In General.--Subchapter II of chapter 301 of title 49, United States Code, is amended by adding at the end the following: ``Sec. 30129. <<NOTE: 49 USC 30129.>> Crash avoidance technology ``(a) <<NOTE: Regulations.>> In General.--The Secretary of Transportation shall promulgate a rule-- ``(1) to establish minimum performance standards with respect to crash avoidance technology; and ``(2) <<NOTE: Requirement.>> to require that all passenger motor vehicles manufactured for sale in the United States on or after the compliance date described in subsection (b) shall be equipped with-- ``(A) a forward collision warning and automatic emergency braking system that-- ``(i) alerts the driver if-- ``(I) the distance to a vehicle ahead or an object in the path of travel ahead is closing too quickly; and ``(II) a collision is imminent; and ``(ii) automatically applies the brakes if the driver fails to do so; and ``(B) a lane departure warning and lane-keeping assist system that-- ``(i) warns the driver to maintain the lane of travel; and ``(ii) corrects the course of travel if the driver fails to do so. ``(b) <<NOTE: Determination.>> Compliance Date.--The Secretary of Transportation shall determine the appropriate effective date, and any phasing-in of requirements, of the final rule promulgated pursuant to subsection (a).''. (b) Clerical Amendment.--The analysis for subchapter II of chapter 301 of title 49, United States Code, <<NOTE: 49 USC 30101 prec.>> is amended by adding at the end the following: ``30129. Crash avoidance technology.''. SEC. 24209. <<NOTE: 49 USC 30111 note.>> REDUCTION OF DRIVER DISTRACTION. (a) <<NOTE: Deadline. Research and development.>> In General.--Not later than 3 years after the date of enactment of this Act, the Secretary shall conduct research regarding the installation and use on motor vehicles of driver monitoring systems to minimize or eliminate-- (1) driver distraction; (2) driver disengagement; (3) automation complacency by drivers; and (4) foreseeable misuse of advanced driver-assist systems. (b) Report.--Not later than 180 days after the date of completion of the research under subsection (a), the Secretary shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives a detailed report describing the findings of the research. (c) <<NOTE: Determinations.>> Rulemaking.-- (1) In general.--If, based on the research completed under subsection (a), the Secretary determines that-- [[Page 135 STAT. 824]] (A) <<NOTE: Deadline.>> 1 or more rulemakings are necessary to ensure safety, in accordance with the section 30111 of title 49, United States Code, the Secretary shall initiate the rulemakings by not later than 2 years after the date of submission of the report under subsection (b); and (B) an additional rulemaking is not necessary, or an additional rulemaking cannot meet the applicable requirements and considerations described in subsections (a) and (b) of section 30111 of title 49, United States Code, the Secretary shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives a report describing the reasons for not prescribing additional Federal motor vehicle safety standards regarding the research conducted under subsection (a). (2) Privacy.--A rule issued pursuant to paragraph (1) shall incorporate appropriate privacy and data security safeguards, as determined by the Secretary. SEC. 24210. <<NOTE: 49 USC 308 note.>> RULEMAKING REPORT. (a) Definition of Covered Rulemaking.--In this section, the term ``covered rulemaking'' means a regulation or rulemaking that-- (1) has not been finalized by the date on which the relevant notification is submitted under subsection (b); and (2) relates to-- (A) section 30120A of title 49, United States Code; (B) section 30166(o) of title 49, United States Code; (C) section 30172 of title 49, United States Code; (D) section 32302(c) of title 49, United States Code; (E) a defect reporting requirement under section 32302(d) of title 49, United States Code; (F) subsections (b) and (c) of section 32304A of title 49, United States Code; (G) the tire pressure monitoring standards required under section 24115 of the FAST Act (49 U.S.C. 30123 note; Public Law 114-94); (H) the amendment made by section 24402 of the FAST Act (129 Stat. 1720; Public Law 114-94) to section 30120(g)(1) of title 49, United States Code; (I) the records retention rule required under section 24403 of the FAST Act (49 U.S.C. 30117 note; Public Law 114-94); (J) the amendments made by section 24405 of the FAST Act (Public Law 114-94; 129 Stat. 1721) to section 30114 of title 49, United States Code; (K) a defect and noncompliance notification required under-- (i) section 24104 of the FAST Act (49 U.S.C. 30119 note; Public Law 114-94); or (ii) section 31301 of MAP-21 (49 U.S.C. 30166 note; Public Law 112-141); (L) a side impact or frontal impact test procedure for child restraint systems under section 31501 of MAP- 21 (49 U.S.C. 30127 note; Public Law 112-141); (M) an upgrade to child restraint anchorage system usability requirements required under section 31502 of MAP-21 (49 U.S.C. 30127 note; Public Law 112-141); [[Page 135 STAT. 825]] (N) the rear seat belt reminder system required under section 31503 of MAP-21 (49 U.S.C. 30127 note; Public Law 112-141); (O) a motorcoach rulemaking required under section 32703 of MAP-21 (49 U.S.C. 31136 note; Public Law 112- 141); or (P) any rulemaking required under this Act. (b) <<NOTE: Deadline.>> Notification.--Not later than 180 days after the date of enactment of this Act, and not less frequently than biannually thereafter until the applicable covered rulemaking is complete, the Secretary shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives a written notification that includes, with respect to each covered rulemaking-- (1) for a covered rulemaking with a statutory deadline for completion-- (A) an explanation of why the deadline was not met; and (B) an expected date of completion of the covered rulemaking; and (2) for a covered rulemaking without a statutory deadline for completion, an expected date of completion of the covered rulemaking. (c) Additional Contents.--A notification under subsection (b) shall include, for each applicable covered rulemaking-- (1) an updated timeline; (2) <<NOTE: List.>> a list of factors causing delays in the completion of the covered rulemaking; and (3) any other details associated with the status of the covered rulemaking. SEC. <<NOTE: 49 USC 30101 note.>> 24211. GLOBAL HARMONIZATION. The Secretary shall cooperate, to the maximum extent practicable, with foreign governments, nongovernmental stakeholder groups, the motor vehicle industry, and consumer groups with respect to global harmonization of vehicle regulations as a means for improving motor vehicle safety. SEC. 24212. <<NOTE: 49 USC 30111 note.>> HEADLAMPS. (a) Definitions.--In this section: (1) Adaptive driving beam headlamp.--The term ``adaptive driving beam headlamp'' means a headlamp (as defined in Standard 108) that meets the performance requirements specified in SAE International Standard J3069, published on June 30, 2016. (2) Standard 108.--The term ``Standard 108'' means Federal Motor Vehicle Safety Standard Number 108, contained in section 571.108 of title 49, Code of Federal Regulations (as in effect on the date of enactment of this Act). (b) <<NOTE: Deadline.>> Rulemaking.--Not later than 2 years after the date of enactment of this Act, the Secretary shall issue a final rule amending Standard 108-- (1) to include performance-based standards for vehicle headlamp systems-- (A) to ensure that headlights are correctly aimed on the road; and [[Page 135 STAT. 826]] (B) requiring those systems to be tested on-vehicle to account for headlight height and lighting performance; and (2) to allow for the use on vehicles of adaptive driving beam headlamp systems. (c) Periodic Review.--Nothing in this section precludes the Secretary from-- (1) reviewing Standard 108, as amended pursuant to subsection (b); and (2) revising Standard 108 to reflect an updated version of SAE International Standard J3069, as the Secretary determines to be-- (A) appropriate; and (B) in accordance with section 30111 of title 49, United States Code. SEC. 24213. NEW CAR ASSESSMENT PROGRAM. (a) <<NOTE: Deadline. 49 USC 32302 note.>> Updates.--Not later than 1 year after the date of enactment of this Act, the Secretary shall finalize the proceeding for which comments were requested in the notice entitled ``New Car Assessment Program'' (80 Fed. Reg. 78522 (December 16, 2015)) to update the passenger motor vehicle information required under section 32302(a) of title 49, United States Code. (b) Information Program.--Section 32302 of title 49, United States Code, is amended-- (1) in subsection (a), in the matter preceding paragraph (1), by inserting ``(referred to in this section as the `Secretary')'' after ``of Transportation''; and (2) by adding at the end the following: ``(e) Advanced Crash-avoidance Technologies.-- ``(1) <<NOTE: Deadline. Publication. Public comment.>> Notice.--Not later than 1 year after the date of enactment of this subsection, the Secretary shall publish a notice, for purposes of public review and comment, to establish, distinct from crashworthiness information, a means for providing to consumers information relating to advanced crash-avoidance technologies, in accordance with subsection (a). ``(2) <<NOTE: Determinations.>> Inclusions.--The notice under paragraph (1) shall include-- ``(A) an appropriate methodology for-- ``(i) determining which advanced crash- avoidance technologies shall be included in the information; ``(ii) developing performance test criteria for use by manufacturers in evaluating advanced crash-avoidance technologies; ``(iii) determining a distinct rating involving each advanced crash-avoidance technology to be included; and ``(iv) <<NOTE: Updates.>> updating overall vehicle ratings to incorporate advanced crash- avoidance technology ratings; and ``(B) <<NOTE: Analyses.>> such other information and analyses as the Secretary determines to be necessary to implement the rating of advanced crash-avoidance technologies. ``(3) Report.--Not later than 18 months after the date of enactment of this subsection, the Secretary shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives a report that describes a plan [[Page 135 STAT. 827]] for implementing an advanced crash-avoidance technology information and rating system, in accordance with subsection (a). ``(f) Vulnerable Road User Safety.-- ``(1) <<NOTE: Deadline. Publication. Public comment.>> Notice.--Not later than 1 year after the date of enactment of this subsection, the Secretary shall publish a notice, for purposes of public review and comment, to establish a means for providing to consumers information relating to pedestrian, bicyclist, or other vulnerable road user safety technologies, in accordance with subsection (a). ``(2) <<NOTE: Determinations.>> Inclusions.--The notice under paragraph (1) shall include-- ``(A) an appropriate methodology for-- ``(i) determining which technologies shall be included in the information; ``(ii) developing performance test criteria for use by manufacturers in evaluating the extent to which automated pedestrian safety systems in light vehicles attempt to prevent and mitigate, to the best extent possible, pedestrian injury; ``(iii) determining a distinct rating involving each technology to be included; and ``(iv) <<NOTE: Updates.>> updating overall vehicle ratings to incorporate vulnerable road user safety technology ratings; and ``(B) <<NOTE: Analyses.>> such other information and analyses as the Secretary determines to be necessary to implement the rating of vulnerable road user safety technologies. ``(3) Report.--Not later than 18 months after the date of enactment of this subsection, the Secretary shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives a report that describes a plan for implementing an information and rating system for vulnerable road user safety technologies, in accordance with subsection (a).''. (c) Roadmap.-- (1) In general.--Chapter 323 of title 49, United States Code, is amended by adding at the end the following: ``Sec. 32310. <<NOTE: 49 USC 32310.>> New Car Assessment Program roadmap ``(a) <<NOTE: Deadlines.>> Establishment.--Not later than 1 year after the date of enactment of this section, and not less frequently than once every 4 years thereafter, the Secretary of Transportation (referred to in this section as the `Secretary') shall establish a roadmap for the implementation of the New Car Assessment Program of the National Highway Traffic Safety Administration. ``(b) Requirements.--A roadmap under subsection (a) shall-- ``(1) <<NOTE: Time periods.>> cover a term of 10 years, consisting of-- ``(A) a mid-term component covering the initial 5 years of the term; and ``(B) a long-term component covering the final 5 years of the term; and ``(2) be in accordance with-- ``(A) section 306 of title 5; ``(B) section 1115 of title 31; ``(C) section 24401 of the FAST Act (49 U.S.C. 105 note; Public Law 114-94); and [[Page 135 STAT. 828]] ``(D) any other relevant plans of the National Highway Traffic Safety Administration. ``(c) Contents.--A roadmap under subsection (a) shall include-- ``(1) <<NOTE: Plan.>> a plan for any changes to the New Car Assessment Program of the National Highway Traffic Safety Administration, including-- ``(A) descriptions of actions to be carried out to update the passenger motor vehicle information developed under section 32302(a), including the development of test procedures, test devices, test fixtures, and safety performance metrics, which shall, as applicable, incorporate-- ``(i) objective criteria for evaluating safety technologies; and ``(ii) reasonable time periods for compliance with new or updated tests; ``(B) key milestones, including the anticipated start of an action, completion of an action, and effective date of an update; and ``(C) descriptions of the means by which an update will improve the passenger motor vehicle information developed under section 32302(a); ``(2) an identification and prioritization of safety opportunities and technologies-- ``(A) with respect to the mid-term component of the roadmap under subsection (b)(1)(A)-- ``(i) that are practicable; and ``(ii) for which objective rating tests, evaluation criteria, and other consumer data exist for a market-based, consumer information approach; and ``(B) with respect to the long-term component of the roadmap under subsection (b)(1)(B), exist or are in development; ``(3) an identification of-- ``(A) any safety opportunity or technology that-- ``(i) is identified through the activities carried out pursuant to subsection (d) or (e); and ``(ii) is not included in the roadmap under paragraph (2); ``(B) the reasons why such a safety opportunity or technology is not included in the roadmap; and ``(C) any developments or information that would be necessary for the Secretary to consider including such a safety opportunity or technology in a future roadmap; and ``(4) consideration of the benefits of consistency with other rating systems used-- ``(A) within the United States; and ``(B) internationally. ``(d) <<NOTE: Public comments.>> Considerations.--Before finalizing a roadmap under this section, the Secretary shall-- ``(1) make the roadmap available for public comment; ``(2) <<NOTE: Review.>> review any public comments received under paragraph (1); and ``(3) incorporate in the roadmap under this section those comments, as the Secretary determines to be appropriate. ``(e) Stakeholder Engagement.--Not less frequently than annually, the Secretary shall engage stakeholders that represent a diversity of technical backgrounds and viewpoints-- [[Page 135 STAT. 829]] ``(1) to identify-- ``(A) safety opportunities or technologies in development that could be included in future roadmaps; and ``(B) opportunities to benefit from collaboration or harmonization with third-party safety rating programs; ``(2) to assist with long-term planning; ``(3) to provide an interim update of the status and development of the following roadmap to be established under subsection (a); and ``(4) to collect feedback or other information that the Secretary determines to be relevant to enhancing the New Car Assessment Program of the National Highway Traffic Safety Administration.''. (2) Clerical amendment.--The analysis for chapter 323 of title 49, United States Code, <<NOTE: 49 USC 32301 prec.>> is amended by adding at the end the following: ``32310. New Car Assessment Program roadmap.''. SEC. 24214. <<NOTE: 49 USC 32502 note.>> HOOD AND BUMPER STANDARDS. (a) <<NOTE: Deadline. Public comment.>> Notice.--Not later than 2 years after the date of enactment of this Act, the Secretary shall issue a notice, for purposes of public review and comment, regarding potential updates to hood and bumper standards for motor vehicles (as defined in section 30102(a) of title 49, United States Code). (b) Inclusions.--The notice under subsection (a) shall include information relating to-- (1) the incorporation or consideration of advanced crash- avoidance technology in existing motor vehicle standards; (2) the incorporation or consideration of standards or technologies to reduce the number of injuries and fatalities suffered by pedestrians, bicyclists, or other vulnerable road users; (3) the development of performance test criteria for use by manufacturers in evaluating advanced crash-avoidance technology, including technology relating to vulnerable road user safety; (4) potential harmonization with global standards, including United Nations Economic Commission for Europe Regulation Number 42; and (5) such other information and analyses as the Secretary determines to be necessary. (c) Report.--Not later than 2 years after the date of enactment of this Act, the Secretary shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives a report that describes-- (1) the current status of hood and bumper standards; (2) relevant advanced crash-avoidance technology; (3) actions needed to be carried out to develop performance test criteria; and (4) if applicable, a plan for incorporating advanced crash- avoidance technology, including technology relating to vulnerable road user safety, in existing standards. SEC. 24215. EMERGENCY MEDICAL SERVICES AND 9-1-1. Section 158(a) of the National Telecommunications and Information Administration Organization Act (47 U.S.C. 942(a)) is amended by striking paragraph (4). [[Page 135 STAT. 830]] SEC. 24216. EARLY WARNING REPORTING. (a) In General.--Section 30166(m)(3) of title 49, United States Code, is amended by adding at the end the following: ``(D) Settlements.--Notwithstanding any order entered in a civil action restricting the disclosure of information, a manufacturer of a motor vehicle or motor vehicle equipment shall comply with the requirements of this subsection and any regulations promulgated pursuant to this subsection.''. (b) Study and Report.--Not later than 18 months after the date of enactment of this Act, the Administrator of the National Highway Traffic Safety Administration shall-- (1) conduct a study-- (A) <<NOTE: Evaluation.>> to evaluate the early warning reporting data submitted under section 30166(m) of title 49, United States Code (including regulations); and (B) to identify improvements, if any, that would enhance the use by the National Highway Traffic Administration of early warning reporting data to enhance safety; and (2) <<NOTE: Recommenda- tions.>> submit to the Committee on the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives a report describing the results of the study under paragraph (1), including any recommendations for regulatory or legislative action. SEC. 24217. <<NOTE: 49 USC 32302 note.>> IMPROVED VEHICLE SAFETY DATABASES. Not <<NOTE: Deadline. Consultation. Public information.>> later than 3 years after the date of enactment of this Act, after consultation with frequent users of publicly available databases, the Secretary shall improve public accessibility to information relating to the publicly accessible vehicle safety databases of the National Highway Traffic Safety Administration by revising the publicly accessible vehicle safety databases-- (1) to improve organization and functionality, including design features such as drop-down menus; (2) to allow data from applicable publicly accessible vehicle safety databases to be searched, sorted, aggregated, and downloaded in a manner that-- (A) is consistent with the public interest; and (B) facilitates easy use by consumers; (3) to provide greater consistency in presentation of vehicle safety issues; (4) to improve searchability regarding specific vehicles and issues, which may include the standardization of commonly used search terms; and (5) to ensure nonconfidential documents and materials relating to information created or obtained by the National Highway Traffic Safety Administration are made publicly available in a manner that is-- (A) timely; and (B) searchable in databases by any element that the Secretary determines to be in the public interest. [[Page 135 STAT. 831]] SEC. 24218. NATIONAL DRIVER REGISTER ADVISORY COMMITTEE REPEAL. (a) In General.--Section 30306 of title 49, United States Code, is repealed. (b) Clerical Amendment.--The analysis for chapter 303 of title 49, United States Code, <<NOTE: 49 USC 30301 prec.>> is amended by striking the item relating to section 30306. SEC. 24219. <<NOTE: Deadlines. 23 USC 503 note.>> RESEARCH ON CONNECTED VEHICLE TECHNOLOGY. The Administrator of the National Highway Traffic Safety Administration, in collaboration with the head of the Intelligent Transportation Systems Joint Program Office and the Administrator of the Federal Highway Administration, shall-- (1) not later than 180 days after the date of enactment of this Act, expand vehicle-to-pedestrian research efforts focused on incorporating bicyclists and other vulnerable road users into the safe deployment of connected vehicle systems; and (2) <<NOTE: Public information. Analysis.>> not later than 2 years after the date of enactment of this Act, submit to Congress and make publicly available a report describing the findings of the research efforts described in paragraph (1), including an analysis of the extent to which applications supporting vulnerable road users can be accommodated within existing spectrum allocations for connected vehicle systems. SEC. 24220. <<NOTE: 49 USC 30111 note.>> ADVANCED IMPAIRED DRIVING TECHNOLOGY. (a) Findings.--Congress finds that-- (1) alcohol-impaired driving fatalities represent approximately \1/3\ of all highway fatalities in the United States each year; (2) in 2019, there were 10,142 alcohol-impaired driving fatalities in the United States involving drivers with a blood alcohol concentration level of .08 or higher, and 68 percent of the crashes that resulted in those fatalities involved a driver with a blood alcohol concentration level of .15 or higher; (3) the estimated economic cost for alcohol-impaired driving in 2010 was $44,000,000,000; (4) according to the Insurance Institute for Highway Safety, advanced drunk and impaired driving prevention technology can prevent more than 9,400 alcohol-impaired driving fatalities annually; and (5) to ensure the prevention of alcohol-impaired driving fatalities, advanced drunk and impaired driving prevention technology must be standard equipment in all new passenger motor vehicles. (b) Definitions.--In this section: (1) Advanced drunk and impaired driving prevention technology.--The term ``advanced drunk and impaired driving prevention technology'' means a system that-- (A) can-- (i) passively monitor the performance of a driver of a motor vehicle to accurately identify whether that driver may be impaired; and (ii) prevent or limit motor vehicle operation if an impairment is detected; (B) can-- [[Page 135 STAT. 832]] (i) passively and accurately detect whether the blood alcohol concentration of a driver of a motor vehicle is equal to or greater than the blood alcohol concentration described in section 163(a) of title 23, United States Code; and (ii) prevent or limit motor vehicle operation if a blood alcohol concentration above the legal limit is detected; or (C) is a combination of systems described in subparagraphs (A) and (B). (2) New.--The term ``new'', with respect to a passenger motor vehicle, means that the passenger motor vehicle-- (A) is a new vehicle (as defined in section 37.3 of title 49, Code of Federal Regulations (or a successor regulation)); and (B) has not been purchased for purposes other than resale. (3) Passenger motor vehicle.--The term ``passenger motor vehicle'' has the meaning given the term in section 32101 of title 49, United States Code. (4) Secretary.--The term ``Secretary'' means the Secretary of Transportation, acting through the Administrator of the National Highway Traffic Safety Administration. (c) Advanced Drunk and Impaired Driving Prevention Technology Safety Standard.-- <<NOTE: Deadline.>> Subject to subsection (e) and not later than 3 years after the date of enactment of this Act, the Secretary shall issue a final rule prescribing a Federal motor vehicle safety standard under section 30111 of title 49, United States Code, that requires passenger motor vehicles manufactured after the effective date of that standard to be equipped with advanced drunk and impaired driving prevention technology. (d) <<NOTE: Compliance. Time period.>> Requirement.--To allow sufficient time for manufacturer compliance, the compliance date of the rule issued under subsection (c) shall be not earlier than 2 years and not more than 3 years after the date on which that rule is issued. (e) <<NOTE: Determinations.>> Timing.--If the Secretary determines that the Federal motor vehicle safety standard required under subsection (c) cannot meet the requirements and considerations described in subsections (a) and (b) of section 30111 of title 49, United States Code, by the applicable date, the Secretary-- (1) <<NOTE: Extension. Deadline.>> may extend the time period to such date as the Secretary determines to be necessary, but not later than the date that is 3 years after the date described in subsection (c); (2) <<NOTE: Reports.>> shall, not later than the date described in subsection (c) and not less frequently than annually thereafter until the date on which the rule under that subsection is issued, submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives a report describing, as of the date of submission of the report-- (A) the reasons for not prescribing a Federal motor vehicle safety standard under section 30111 of title 49, United States Code, that requires advanced drunk and impaired driving prevention technology in all new passenger motor vehicles; (B) the deployment of advanced drunk and impaired driving prevention technology in vehicles; [[Page 135 STAT. 833]] (C) any information relating to the ability of vehicle manufacturers to include advanced drunk and impaired driving prevention technology in new passenger motor vehicles; and (D) <<NOTE: Timeline.>> an anticipated timeline for prescribing the Federal motor vehicle safety standard described in subsection (c); and (3) <<NOTE: Deadline. Reports.>> if the Federal motor vehicle safety standard required by subsection (c) has not been finalized by the date that is 10 years after the date of enactment of this Act, shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representative a report describing-- (A) the reasons why the Federal motor vehicle safety standard has not been finalized; (B) the barriers to finalizing the Federal motor vehicle safety standard; and (C) <<NOTE: Recommenda- tions.>> recommendations to Congress to facilitate the Federal motor vehicle safety standard. SEC. 24221. GAO REPORT ON CRASH DUMMIES. (a) In General.--Not later than 1 year after the date of enactment of this Act, the Comptroller General of the United States shall conduct a study and submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives a report that-- (1) <<NOTE: Examination.>> examines-- (A) the processes used by the National Highway Traffic Safety Administration (referred to in this section as the ``Administration'') for studying and deploying crash test dummies; (B)(i) the types of crash test dummies used by the Administration as of the date of enactment of this Act; (ii) the seating positions in which those crash test dummies are tested; and (iii) whether the seating position affects disparities in motor vehicle safety outcomes based on demographic characteristics, including sex, and, if so, how the seating position affects those disparities; (C) the biofidelic crash test dummies that are available in the global and domestic marketplace that reflect the physical and demographic characteristics of the driving public in the United States, including-- (i) females; (ii) the elderly; (iii) young adults; (iv) children; and (v) individuals of differing body weights; (D) how the Administration determines whether to study and deploy new biofidelic crash test dummies, including the biofidelic crash test dummies examined under subparagraph (C), and the timelines by which the Administration conducts the work of making those determinations and studying and deploying new biofidelic crash test dummies; [[Page 135 STAT. 834]] (E) challenges the Administration faces in studying and deploying new crash test dummies; and (F) how the practices of the Administration with respect to crash test dummies compare to other programs that test vehicles and report results to the public, including the European New Car Assessment Programme; (2) <<NOTE: Evaluation.>> evaluates potential improvements to the processes described in paragraph (1) that could reduce disparities in motor vehicle safety outcomes based on demographic characteristics, including sex; (3) <<NOTE: Analyses.>> analyzes the potential use of computer simulation techniques, as a supplement to physical crash tests, to conduct virtual simulations of vehicle crash tests in order to evaluate predicted motor vehicle safety outcomes based on the different physical and demographic characteristics of motor vehicle occupants; and (4) <<NOTE: Assessments. Recommenda- tions.>> includes, as applicable, any assessments or recommendations relating to crash test dummies that are relevant to reducing disparities in motor vehicle safety outcomes based on demographic characteristics, including sex. (b) Interim Report From the Administration.--Not later than 90 days after the date of enactment of this Act, the Administrator of the Administration shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives a report that-- (1) identifies-- (A) the types of crash test dummies used by the Administration as of the date of enactment of this Act with respect to-- (i) the New Car Assessment Program of the Administration; and (ii) testing relating to Federal Motor Vehicle Safety Standards; (B) how each type of crash test dummy identified under subparagraph (A) is tested with respect to seating position; and (C) any crash test dummies that the Administration is actively evaluating for future use-- (i) in the New Car Assessment Program of the Administration; or (ii) for testing relating to Federal Motor Vehicle Safety Standards; (2) explains-- (A) the plans of the Administration, including the expected timelines, for putting any crash test dummies identified under paragraph (1)(C) to use as described in that paragraph; (B) any challenges to putting those crash test dummies to use; and (C) the potential use of computer simulation techniques, as a supplement to physical crash tests, to conduct virtual simulations of vehicle crash tests in order to evaluate predicted motor vehicle safety outcomes based on the different physical and demographic characteristics of motor vehicle occupants; and [[Page 135 STAT. 835]] (3) <<NOTE: Recommenda- tions.>> provides policy recommendations for reducing disparities in motor vehicle safety testing and outcomes based on demographic characteristics, including sex. SEC. 24222. CHILD SAFETY. (a) Amendment.-- (1) In general.--Chapter 323 of title 49, United States Code, is amended by adding after section 32304A the following: ``Sec. 32304B. <<NOTE: 49 USC 32304B.>> Child safety ``(a) Definitions.--In this section: ``(1) Passenger motor vehicle.--The term `passenger motor vehicle' has the meaning given that term in section 32101. ``(2) Rear-designated seating position.--The term `rear- designated seating position' means designated seating positions that are rearward of the front seat. ``(3) Secretary.--The term `Secretary' means the Secretary of Transportation. ``(b) <<NOTE: Deadline.>> Rulemaking.--Not later than 2 years after the date of enactment of this section, the Secretary shall issue a final rule requiring all new passenger motor vehicles weighing less than 10,000 pounds gross vehicle weight to be equipped with a system to alert the operator to check rear-designated seating positions after the vehicle engine or motor is deactivated by the operator. ``(c) Means.--The alert required under subsection (b)-- ``(1) shall include a distinct auditory and visual alert, which may be combined with a haptic alert; and ``(2) shall be activated when the vehicle motor is deactivated by the operator. ``(d) <<NOTE: Effective date.>> Phase-in.--The rule issued pursuant to subsection (b) shall require full compliance with the rule beginning on September 1st of the first calendar year that begins 2 years after the date on which the final rule is issued.''. (2) Clerical amendment.--The analysis for chapter 323 of title 49, United States Code, <<NOTE: 49 USC 32301 prec.>> is amended by inserting after the item relating to section 32304A the following: ``32304B. Child safety.''. (b) Awareness of Children in Motor Vehicles.--Section 402 of title 23, United States Code (as amended by section 24102(a)(9)), is amended by adding at the end the following: ``(o) Unattended Passengers.-- ``(1) In general.--Each State shall use a portion of the amounts received by the State under this section to carry out a program to educate the public regarding the risks of leaving a child or unattended passenger in a vehicle after the vehicle motor is deactivated by the operator. ``(2) Program placement.--Nothing in this subsection requires a State to carry out a program described in paragraph (1) through the State transportation or highway safety office.''. (c) Study and Report.-- (1) Study.-- (A) In general.--The Secretary shall conduct a study on-- (i) the potential retrofitting of existing passenger motor vehicles with 1 or more technologies that may address the problem of children left in rear-designated [[Page 135 STAT. 836]] seating positions of motor vehicles after deactivation of the motor vehicles by an operator; and (ii) the potential benefits and burdens, logistical or economic, associated with widespread use of those technologies. (B) Elements.--In carrying out the study under subparagraph (A), the Secretary shall-- (i) <<NOTE: Survey. Evaluation.>> survey and evaluate a variety of methods used by current and emerging aftermarket technologies or products to reduce the risk of children being left in rear- designated seating positions after deactivation of a motor vehicle; and (ii) <<NOTE: Recommenda- tions.>> provide recommendations-- (I) for manufacturers of the technologies and products described in clause (i) to carry out a functional safety performance evaluation to ensure that the technologies and products perform as designed by the manufacturer under a variety of real-world conditions; and (II) for consumers on methods to select an appropriate technology or product described in clause (i) in order to retrofit existing vehicles. (2) Report by secretary.--Not later than 180 days after the date on which the Secretary issues the final rule required by section 32304B(b) of title 49, United States Code (as added by subsection (a)(1)), the Secretary shall submit a report describing the results of the study carried out under paragraph (1) to-- (A) the Committee on Commerce, Science, and Transportation of the Senate; and (B) the Committee on Energy and Commerce of the House of Representatives. TITLE V--RESEARCH AND INNOVATION SEC. 25001. INTELLIGENT TRANSPORTATION SYSTEMS PROGRAM ADVISORY COMMITTEE. Section 515(h) of title 23, United States Code, is amended-- (1) in paragraph (1), by inserting ``(referred to in this subsection as the `Advisory Committee')'' after ``an Advisory Committee''; (2) in paragraph (2)-- (A) in the matter preceding subparagraph (A), by striking ``20 members'' and inserting ``25 members''; (B) in subparagraph (O) (as redesignated by section 13008(a)(2))-- (i) by striking ``utilities,''; and (ii) by striking the period at the end and inserting a semicolon; (C) by redesignating subparagraphs (F), (G), (H), (I), (J), (K), (L), (M), (N), and (O) (as added or redesignated by section 13008(a)) as subparagraphs (H), (J), (K), (L), (M), (N), (O), (S), (T), and (U), respectively; (D) by inserting after subparagraph (E) (as redesignated by section 13008(a)(2)) the following: ``(F) a representative of a national transit association; [[Page 135 STAT. 837]] ``(G) a representative of a national, State, or local transportation agency or association;''; (E) by inserting after subparagraph (H) (as redesignated by subparagraph (C)) the following: ``(I) a private sector developer of intelligent transportation system technologies, which may include emerging vehicle technologies;''; (F) by inserting after subparagraph (O) (as so redesignated) the following: ``(P) a representative of a labor organization; ``(Q) a representative of a mobility-providing entity; ``(R) an expert in traffic management;''; and (G) by adding at the end the following: ``(V) an expert in cybersecurity; and ``(W) an automobile manufacturer.''; (3) in paragraph (3)-- (A) in subparagraph (A), by striking ``section 508'' and inserting ``section 6503 of title 49''; and (B) in subparagraph (B)-- (i) in the matter preceding clause (i), by inserting ``programs and'' before ``research''; and (ii) in clause (iii), by striking ``research and'' and inserting ``programs, research, and''; (4) by redesignating paragraphs (3) through (5) as paragraphs (5) through (7); and (5) by inserting after paragraph (2) the following: ``(3) Term.-- ``(A) In general.--The term of a member of the Advisory Committee shall be 3 years. ``(B) Renewal.--On expiration of the term of a member of the Advisory Committee, the member-- ``(i) may be reappointed; or ``(ii) if the member is not reappointed under clause (i), may serve until a new member is appointed. ``(4) Meetings.--The Advisory Committee-- ``(A) shall convene not less frequently than twice each year; and ``(B) may convene with the use of remote video conference technology.''. SEC. 25002. <<NOTE: 23 USC 502 note.>> SMART COMMUNITY RESOURCE CENTER. (a) Definitions.--In this section: (1) Resource center.--The term ``resource center'' means the Smart Community Resource Center established under subsection (b). (2) Smart community.--The term ``smart community'' means a community that uses innovative technologies, data, analytics, and other means to improve the community and address local challenges. (b) <<NOTE: Public information. Web posting.>> Establishment.--The Secretary shall work with the modal administrations of the Department and with such other Federal agencies and departments as the Secretary determines to be appropriate to make available to the public on an Internet website a resource center, to be known as the ``Smart Community Resource Center'', that includes a compilation of resources or links to resources for States and local communities to use in developing and implementing-- [[Page 135 STAT. 838]] (1) intelligent transportation system programs; or (2) smart community transportation programs. (c) Inclusions.--The resource center shall include links to-- (1) existing programs and resources for intelligent transportation system or smart community transportation programs, including technical assistance, education, training, funding, and examples of intelligent transportation systems or smart community transportation programs implemented by States and local communities, available from-- (A) the Department; (B) other Federal agencies; and (C) non-Federal sources; (2) existing reports or databases with the results of intelligent transportation system or smart community transportation programs; (3) any best practices developed or lessons learned from intelligent transportation system or smart community transportation programs; and (4) such other resources as the Secretary determines to be appropriate. (d) Deadline.--The Secretary shall establish the resource center by the date that is 1 year after the date of enactment of this Act. (e) Updates.--The Secretary shall ensure that the resource center is updated on a regular basis. SEC. 25003. <<NOTE: 49 USC 6302 note.>> FEDERAL SUPPORT FOR LOCAL DECISIONMAKING. (a) <<NOTE: Determination.>> Local Outreach.--To determine the data analysis tools needed to assist local communities in making infrastructure decisions, the Director of the Bureau of Transportation Statistics shall perform outreach to planning and infrastructure decision-making officials in units of local government and other units of government, including a geographically diverse group of individuals from-- (1) States; (2) political subdivisions of States; (3) cities; (4) metropolitan planning organizations; (5) regional transportation planning organizations; and (6) federally recognized Indian Tribes. (b) <<NOTE: Reviews Updates.>> Work Plan.-- (1) <<NOTE: Deadline.>> In general.--Not later than 1 year after the date of enactment of this Act, based on the outreach performed under subsection (a), the Director of the Bureau of Transportation Statistics shall submit to the Secretary a work plan for reviewing and updating existing data analysis tools and developing any additional data analysis tools needed to assist local communities with making infrastructure investment decisions. (2) Contents.--Based on the needs identified pursuant to the outreach performed under subsection (a), the work plan submitted under paragraph (1) shall include-- (A) a description of the data analysis tools identified that would benefit infrastructure decision- making by local governments and address the goals described in subsection (c); [[Page 135 STAT. 839]] (B) a review of the datasets that local governments need to effectively use the data analysis tools described in subparagraph (A); (C) an identification of existing or proposed data analysis tools that use publicly available data; (D) <<NOTE: Cost estimate.>> the estimated cost of obtaining each dataset described in subparagraph (B); (E) <<NOTE: Cost estimate.>> the estimated cost to develop the data analysis tools described in subparagraph (A); (F) a prioritization for the development of data analysis tools described in subparagraph (A); and (G) <<NOTE: Determination.>> a determination as to whether it would be appropriate for the Federal Government to develop the data analysis tools described in subparagraph (A). (c) Goals.-- (1) In general.--A data analysis tool created pursuant to the work plan submitted under subsection (b)(1) shall be developed to help inform local communities in making infrastructure investments. (2) Specific issues.--A data analysis tool created pursuant to the work plan submitted under subsection (b)(1) shall be intended to help units of local government and other units of government address 1 or more of the following: (A) Improving maintenance of existing assets. (B) Rebuilding infrastructure to a state of good repair. (C) Creating economic development through infrastructure development. (D) Establishing freight plans and infrastructure that connects the community to supply chains. (E) Increasing options for communities that lack access to affordable transportation to improve access to jobs, affordable housing, schools, medical services, foods and other essential community services. (F) Reducing congestion. (G) Improving community resilience to extreme weather events. (H) Any other subject, as the Director determines to be necessary. (d) Implementation.--Subject to the availability of appropriations, the Secretary shall develop data analysis tools and purchase datasets as prioritized in the work plan. (e) Coordination.--The Director of the Bureau of Transportation Statistics may utilize existing working groups or advisory committees to perform the local outreach required under subsection (a). SEC. 25004. BUREAU OF TRANSPORTATION STATISTICS. (a) <<NOTE: Time period.>> Funding.--In addition to amounts made available from the Highway Trust Fund, there is authorized to be appropriated to the Secretary for use by the Bureau of Transportation Statistics for data collection and analysis activities $10,000,000 for each of fiscal years 2022 through 2026. (b) Amendment.--Section 6302(b)(3)(B)(vi) of title 49, United States Code, is amended-- (1) by striking subclause (V); (2) by redesignating subclauses (VI) through (XI) as subclauses (VII) through (XII), respectively; and [[Page 135 STAT. 840]] (3) by adding after subclause (IV) the following: ``(V) employment in the transportation sector; ``(VI) the effects of the transportation system, including advanced technologies and automation, on global and domestic economic competitiveness;''. SEC. 25005. <<NOTE: 23 USC 502 note.>> STRENGTHENING MOBILITY AND REVOLUTIONIZING TRANSPORTATION GRANT PROGRAM. (a) Definitions.--In this section: (1) Eligible entity.--The term ``eligible entity'' means-- (A) a State; (B) a political subdivision of a State; (C) a Tribal government; (D) a public transit agency or authority; (E) a public toll authority; (F) a metropolitan planning organization; and (G) a group of 2 or more eligible entities described in any of subparagraphs (A) through (F) applying through a single lead applicant. (2) Eligible project.--The term ``eligible project'' means a project described in subsection (e). (3) Large community.--The term ``large community'' means a community with a population of not less than 400,000 individuals, as determined under the most recent annual estimate of the Bureau of the Census. (4) Midsized community.--The term ``midsized community'' means any community that is not a large community or a rural community. (5) Regional partnership.--The term ``regional partnership'' means a partnership composed of 2 or more eligible entities located in jurisdictions with a combined population that is equal to or greater than the population of any midsized community. (6) Rural community.--The term ``rural community'' means a community that is located in an area that is outside of an urbanized area (as defined in section 5302 of title 49, United States Code). (7) SMART grant.--The term ``SMART grant'' means a grant provided to an eligible entity under the Strengthening Mobility and Revolutionizing Transportation Grant Program established under subsection (b). (b) Establishment of Program.--The Secretary shall establish a program, to be known as the ``Strengthening Mobility and Revolutionizing Transportation Grant Program'', under which the Secretary shall provide grants to eligible entities to conduct demonstration projects focused on advanced smart city or community technologies and systems in a variety of communities to improve transportation efficiency and safety. (c) <<NOTE: Determination.>> Distribution.--In determining the projects for which to provide a SMART grant, the Secretary shall consider contributions to geographical diversity among grant recipients, including the need for balancing the needs of rural communities, midsized communities, and large communities, consistent with the requirements of subparagraphs (A) through (C) of subsection (g)(1). (d) Applications.-- (1) In general.--An eligible entity may submit to the Secretary an application for a SMART grant at such time, [[Page 135 STAT. 841]] in such manner, and containing such information as the Secretary may require. (2) Transparency.--The Secretary shall include, in any notice of funding availability relating to SMART grants, a full description of the method by which applications under paragraph (1) will be evaluated. (3) Selection criteria.-- (A) <<NOTE: Evaluation.>> In general.--The Secretary shall evaluate applications for SMART grants based on-- (i) the extent to which the eligible entity or applicable beneficiary community-- (I) has a public transportation system or other transit options capable of integration with other systems to improve mobility and efficiency; (II) has a population density and transportation needs conducive to demonstrating proposed strategies; (III) has continuity of committed leadership and the functional capacity to carry out the proposed project; (IV) is committed to open data sharing with the public; and (V) is likely to successfully implement the proposed eligible project, including through technical and financial commitments from the public and private sectors; and (ii) the extent to which a proposed eligible project will use advanced data, technology, and applications to provide significant benefits to a local area, a State, a region, or the United States, including the extent to which the proposed eligible project will-- (I) reduce congestion and delays for commerce and the traveling public; (II) improve the safety and integration of transportation facilities and systems for pedestrians, bicyclists, and the broader traveling public; (III) improve access to jobs, education, and essential services, including health care; (IV) connect or expand access for underserved or disadvantaged populations and reduce transportation costs; (V) contribute to medium- and long- term economic competitiveness; (VI) improve the reliability of existing transportation facilities and systems; (VII) promote connectivity between and among connected vehicles, roadway infrastructure, pedestrians, bicyclists, the public, and transportation systems (VIII) incentivize private sector investments or partnerships, including by working with mobile and fixed telecommunication service providers, to the extent practicable; (IX) improve energy efficiency or reduce pollution; (X) increase the resiliency of the transportation system; and [[Page 135 STAT. 842]] (XI) improve emergency response. (B) Priority.--In providing SMART grants, the Secretary shall give priority to applications for eligible projects that would-- (i) demonstrate smart city or community technologies in repeatable ways that can rapidly be scaled; (ii) encourage public and private sharing of data and best practices; (iii) encourage private-sector innovation by promoting industry-driven technology standards, open platforms, technology-neutral requirements, and interoperability; (iv) promote a skilled workforce that is inclusive of minority or disadvantaged groups; (v) allow for the measurement and validation of the cost savings and performance improvements associated with the installation and use of smart city or community technologies and practices; (vi) encourage the adoption of smart city or community technologies by communities; (vii) promote industry practices regarding cybersecurity; and (viii) safeguard individual privacy. (4) Technical assistance.--On request of an eligible entity that submitted an application under paragraph (1) with respect to a project that is not selected for a SMART grant, the Secretary shall provide to the eligible entity technical assistance and briefings relating to the project. (e) Use of Grant Funds.-- (1) Eligible projects.-- (A) In general.--A SMART grant may be used to carry out a project that demonstrates at least 1 of the following: (i) Coordinated automation.--The use of automated transportation and autonomous vehicles, while working to minimize the impact on the accessibility of any other user group or mode of travel. (ii) Connected vehicles.--Vehicles that send and receive information regarding vehicle movements in the network and use vehicle-to- vehicle and vehicle-to-everything communications to provide advanced and reliable connectivity. (iii) Intelligent, sensor-based infrastructure.--The deployment and use of a collective intelligent infrastructure that allows sensors to collect and report real-time data to inform everyday transportation-related operations and performance. (iv) Systems integration.--The integration of intelligent transportation systems with other existing systems and other advanced transportation technologies. (v) Commerce delivery and logistics.-- Innovative data and technological solutions supporting efficient goods movement, such as connected vehicle probe data, road weather data, or global positioning data to improve on-time pickup and delivery, improved travel time reliability, reduced fuel consumption and [[Page 135 STAT. 843]] emissions, and reduced labor and vehicle maintenance costs. (vi) Leveraging use of innovative aviation technology.--Leveraging the use of innovative aviation technologies, such as unmanned aircraft systems, to support transportation safety and efficiencies, including traffic monitoring and infrastructure inspection. (vii) Smart grid.--Development of a programmable and efficient energy transmission and distribution system to support the adoption or expansion of energy capture, electric vehicle deployment, or freight or commercial fleet fuel efficiency. (viii) Smart technology traffic signals.-- Improving the active management and functioning of traffic signals, including through-- (I) the use of automated traffic signal performance measures; (II) implementing strategies, activities, and projects that support active management of traffic signal operations, including through optimization of corridor timing, improved vehicle, pedestrian, and bicycle detection at traffic signals, or the use of connected vehicle technologies; (III) replacing outdated traffic signals; or (IV) for an eligible entity serving a population of less than 500,000, paying the costs of temporary staffing hours dedicated to updating traffic signal technology. (2) Eligible project costs.--A SMART grant may be used for-- (A) development phase activities, including-- (i) planning; (ii) feasibility analyses; (iii) revenue forecasting; (iv) environmental review; (v) permitting; (vi) preliminary engineering and design work; (vii) systems development or information technology work; and (viii) acquisition of real property (including land and improvements to land relating to an eligible project); and (B) construction phase activities, including-- (i) construction; (ii) reconstruction; (iii) rehabilitation; (iv) replacement; (v) environmental mitigation; (vi) construction contingencies; and (vii) acquisition of equipment, including vehicles. (3) Prohibited uses.--A SMART grant shall not be used-- (A) to reimburse any preaward costs or application preparation costs of the SMART grant application; (B) for any traffic or parking enforcement activity; or (C) to purchase or lease a license plate reader. [[Page 135 STAT. 844]] (f) Reports.-- (1) Eligible entities.--Not later than 2 years after the date on which an eligible entity receives a SMART grant, and annually thereafter until the date on which the SMART grant is expended, the eligible entity shall submit to the Secretary an implementation report that describes-- (A) the deployment and operational costs of each eligible project carried out by the eligible entity, as compared to the benefits and savings from the eligible project; and (B) the means by which each eligible project carried out by the eligible entity has met the original expectation, as projected in the SMART grant application, including-- (i) <<NOTE: Data.>> data describing the means by which the eligible project met the specific goals for the project, such as-- (I) reducing traffic-related fatalities and injuries; (II) reducing traffic congestion or improving travel-time reliability; (III) providing the public with access to real-time integrated traffic, transit, and multimodal transportation information to make informed travel decisions; or (IV) reducing barriers or improving access to jobs, education, or various essential services; (ii) the effectiveness of providing to the public real-time integrated traffic, transit, and multimodal transportation information to make informed travel decisions; and (iii) lessons learned and recommendations for future deployment strategies to optimize transportation efficiency and multimodal system performance. (2) GAO.--Not later than 4 years after the date of enactment of this Act, the Comptroller General of the United States shall conduct, and submit to the Committee on Commerce, Science, and Transportation of the Senate, the Committee on Energy and Commerce of the House of Representatives, and the Committee on Transportation and Infrastructure of the House of Representatives a report describing the results of, a review of the SMART grant program under this section. (3) Secretary.-- (A) Report to congress.--Not later than 2 years after the date on which the initial SMART grants are provided under this section, the Secretary shall submit to the Committee on Commerce, Science, and Transportation of the Senate, the Committee on Energy and Commerce of the House of Representatives, and the Committee on Transportation and Infrastructure of the House of Representatives a report that-- (i) describes each eligible entity that received a SMART grant; (ii) identifies the amount of each SMART grant provided; (iii) summarizes the intended uses of each SMART grant; (iv) describes the effectiveness of eligible entities in meeting the goals described in the SMART grant [[Page 135 STAT. 845]] application of the eligible entity, including an assessment or measurement of the realized improvements or benefits resulting from each SMART grant; and (v) describes lessons learned and recommendations for future deployment strategies to optimize transportation efficiency and multimodal system performance. (B) Best practices.--The Secretary shall-- (i) develop and regularly update best practices based on, among other information, the data, lessons learned, and feedback from eligible entities that received SMART grants; (ii) <<NOTE: Public information. Web posting.>> publish the best practices under clause (i) on a publicly available website; and (iii) <<NOTE: Updates.>> update the best practices published on the website under clause (ii) regularly. (g) Authorization of Appropriations.-- (1) <<NOTE: Time period.>> In general.--There is authorized to be appropriated to the Secretary $100,000,000 for each of the first 5 fiscal years beginning after the date of enactment of this Act, of which-- (A) not more than 40 percent shall be used to provide SMART grants for eligible projects that primarily benefit large communities; (B) not more than 30 percent shall be provided for eligible projects that primarily benefit midsized communities; and (C) not more than 30 percent shall be used to provide SMART grants for eligible projects that primarily benefit rural communities or regional partnerships. (2) Administrative costs.--Of the amounts made available under paragraph (1) for each fiscal year, not more than 2 percent shall be used for administrative costs of the Secretary in carrying out this section. (3) Limitation.--An eligible entity may not use more than 3 percent of the amount of a SMART grant for each fiscal year to achieve compliance with applicable planning and reporting requirements. (4) <<NOTE: Time period.>> Availability.--The amounts made available for a fiscal year pursuant to this subsection shall be available for obligation during the 2-fiscal-year period beginning on the first day of the fiscal year for which the amounts were appropriated. SEC. 25006. <<NOTE: 23 USC 151 note.>> ELECTRIC VEHICLE WORKING GROUP. (a) Definitions.--In this section: (1) Secretaries.--The term ``Secretaries'' means-- (A) the Secretary; and (B) the Secretary of Energy. (2) Working group.--The term ``working group'' means the electric vehicle working group established under subsection (b)(1). (b) Establishment.-- (1) <<NOTE: Deadline. Recommenda- tions.>> In general.--Not later than 1 year after the date of enactment of this Act, the Secretaries shall jointly establish an electric vehicle working group to make recommendations regarding the development, adoption, and integration of light-, medium-, and heavy-duty electric vehicles into the transportation and energy systems of the United States. [[Page 135 STAT. 846]] (2) Membership.-- (A) In general.--The working group shall be composed of-- (i) the Secretaries (or designees), who shall be cochairs of the working group; and (ii) <<NOTE: Appointments.>> not more than 25 members, to be appointed by the Secretaries, of whom-- (I) not more than 6 shall be Federal stakeholders as described in subparagraph (B); and (II) not more than 19 shall be non- Federal stakeholders as described in subparagraph (C). (B) Federal stakeholders.--The working group-- (i) shall include not fewer than 1 representative of each of-- (I) the Department; (II) the Department of Energy; (III) the Environmental Protection Agency; (IV) the Council on Environmental Quality; and (V) the General Services Administration; and (ii) may include a representative of any other Federal agency the Secretaries consider to be appropriate. (C) Non-federal stakeholders.-- (i) In general.--Subject to clause (ii), the working group-- (I) shall include not fewer than 1 representative of each of-- (aa) a manufacturer of light-duty electric vehicles or the relevant components of light-duty electric vehicles; (bb) a manufacturer of medium- and heavy-duty vehicles or the relevant components of medium- and heavy-duty electric vehicles; (cc) a manufacturer of electric vehicle batteries; (dd) an owner, operator, or manufacturer of electric vehicle charging equipment; (ee) the public utility industry; (ff) a public utility regulator or association of public utility regulators; (gg) the transportation fueling distribution industry; (hh) the energy provider industry; (ii) the automotive dealing industry; (jj) the for-hire passenger transportation industry; (kk) an organization representing units of local government; (ll) an organization representing regional transportation or planning agencies; (mm) an organization representing State departments of transportation; (nn) an organization representing State departments of energy or State energy planners; [[Page 135 STAT. 847]] (oo) the intelligent transportation systems and technologies industry; (pp) labor organizations representing workers in transportation manufacturing, construction, or operations; (qq) the trucking industry; (rr) Tribal governments; and (ss) the property development industry; and (II) may include a representative of any other non-Federal stakeholder that the Secretaries consider to be appropriate. (ii) Requirement.--The stakeholders selected under clause (i) shall, in the aggregate-- (I) consist of individuals with a balance of backgrounds, experiences, and viewpoints; and (II) include individuals that represent geographically diverse regions of the United States, including individuals representing the perspectives of rural, urban, and suburban areas. (D) Compensation.--A member of the working group shall serve without compensation. (3) Meetings.-- (A) <<NOTE: Time period.>> In general.--The working group shall meet not less frequently than once every 120 days. (B) Remote participation.--A member of the working group may participate in a meeting of the working group via teleconference or similar means. (4) Coordination.--In carrying out the duties of the working group, the working group shall coordinate and consult with any existing Federal interagency working groups on fleet conversion or other similar matters relating to electric vehicles. (c) Reports and Strategy on Electric Vehicle Adoption.-- (1) Working group reports.--The working group shall complete by each of the deadlines described in paragraph (2) a report describing the status of electric vehicle adoption including-- (A) a description of the barriers and opportunities to scaling up electric vehicle adoption throughout the United States, including recommendations for issues relating to-- (i) consumer behavior; (ii) charging infrastructure needs, including standardization and cybersecurity; (iii) manufacturing and battery costs, including the raw material shortages for batteries and electric motor magnets; (iv) the adoption of electric vehicles for low- and moderate-income individuals and underserved communities, including charging infrastructure access and vehicle purchase financing; (v) business models for charging personal electric vehicles outside the home, including wired and wireless charging; (vi) charging infrastructure permitting and regulatory issues; (vii) the connections between housing and transportation costs and emissions; [[Page 135 STAT. 848]] (viii) freight transportation, including local, port and drayage, regional, and long-haul trucking; (ix) intercity passenger travel; (x) the process by which governments collect a user fee for the contribution of electric vehicles to funding roadway improvements; (xi) State- and local-level policies, incentives, and zoning efforts; (xii) the installation of highway corridor signage; (xiii) secondary markets and recycling for batteries; (xiv) grid capacity and integration; (xv) energy storage; and (xvi) specific regional or local issues that may not appear to apply throughout the United States, but may hamper nationwide adoption or coordination of electric vehicles; (B) examples of successful public and private models and demonstration projects that encourage electric vehicle adoption; (C) <<NOTE: Analysis.>> an analysis of current efforts to overcome the barriers described in subparagraph (A); (D) <<NOTE: Analysis. Cost estimates.>> an analysis of the estimated costs and benefits of any recommendations of the working group; and (E) any other topics, as determined by the working group. (2) Deadlines.--A report under paragraph (1) shall be submitted to the Secretaries, the Committees on Commerce, Science, and Transportation and Appropriations of the Senate and the Committees on Transportation and Infrastructure and Appropriations of the House of Representatives-- (A) in the case of the first report, by not later than 18 months after the date on which the working group is established under subsection (b)(1); (B) in the case of the second report, by not later than 2 years after the date on which the first report is required to be submitted under subparagraph (A); and (C) in the case of the third report, by not later than 2 years after the date on which the second report is required to be submitted under subparagraph (B). (3) Strategy.-- (A) <<NOTE: Update.>> In general.--Based on the reports submitted by the working group under paragraph (1), the Secretaries shall jointly develop, maintain, and update a strategy that describes the means by which the Federal Government, States, units of local government, and industry can-- (i) establish quantitative targets for transportation electrification; (ii) overcome the barriers described in paragraph (1)(A); (iii) identify areas of opportunity in research and development to improve battery manufacturing, mineral mining, recycling costs, material recovery, fire risks, and battery performance for electric vehicles; (iv) enhance Federal interagency coordination to promote electric vehicle adoption; [[Page 135 STAT. 849]] (v) prepare the workforce for the adoption of electric vehicles, including through collaboration with labor unions, educational institutions, and relevant manufacturers; (vi) expand electric vehicle and charging infrastructure; (vii) expand knowledge of the benefits of electric vehicles among the general public; (viii) maintain the global competitiveness of the United States in the electric vehicle and charging infrastructure markets; (ix) provide clarity in regulations to improve national uniformity with respect to electric vehicles; and (x) ensure the sustainable integration of electric vehicles into the national electric grid. (B) Notice and comment.--In carrying out subparagraph (A), the Secretaries shall provide public notice and opportunity for comment on the strategy described in that subparagraph. (4) Information.-- (A) <<NOTE: Contracts.>> In general.--The Secretaries may enter into an agreement with the Transportation Research Board of the National Academies of Sciences, Engineering, and Medicine to provide, track, or report data, information, or research to assist the working group in carrying out paragraph (1). (B) Use of existing information.--In developing a report under paragraph (1) or a strategy under paragraph (3), the Secretaries and the working group shall take into consideration existing Federal, State, local, private sector, and academic data and information relating to electric vehicles and, to the maximum extent practicable, coordinate with the entities that publish that information-- (i) to prevent duplication of efforts by the Federal Government; and (ii) to leverage existing information and complementary efforts. (d) Coordination.--To the maximum extent practicable, the Secretaries and the working group shall carry out this section using all available existing resources, websites, and databases of Federal agencies, such as-- (1) the Alternative Fuels Data Center; (2) the Energy Efficient Mobility Systems program; and (3) the Clean Cities Coalition Network. (e) Termination.--The working group shall terminate on submission of the third report required under subsection (c)(2)(C). SEC. 25007. <<NOTE: 49 USC 301 note.>> RISK AND SYSTEM RESILIENCE. (a) <<NOTE: Consultation.>> In General.--The Secretary, in consultation with appropriate Federal, State, and local agencies, shall develop a process for quantifying annual risk in order to increase system resilience with respect to the surface transportation system of the United States by measuring-- (1) resilience to threat probabilities by type of hazard and geographical location; [[Page 135 STAT. 850]] (2) resilience to asset vulnerabilities with respect to each applicable threat; and (3) anticipated consequences from each applicable threat to each asset. (b) Use by State, Regional, Tribal, and Local Entities.-- (1) In general.--The Secretary shall provide the process developed under subsection (a) to State departments of transportation, metropolitan planning organizations, Indian Tribes, local governments, and other relevant entities. (2) Guidance and technical assistance.--The Secretary shall provide to the entities described in paragraph (1) guidance and technical assistance on the use of the process referred to in that paragraph. (c) Research.-- (1) In general.--The Secretary shall-- (A) identify and support fundamental research to develop a framework and quantitative models to support compilation of information for risk-based analysis of transportation assets by standardizing the basis for quantifying annual risk and increasing system resilience; and (B) build on existing resilience research, including studies conducted by-- (i) the Transportation Research Board of the National Academies of Sciences, Engineering, and Medicine; and (ii) the National Institute of Standards and Technology. (2) Use of existing facilities.--In carrying out paragraph (1), the Secretary shall use existing research facilities available to the Secretary, including the Turner-Fairbank Highway Research Center and University Transportation Centers established under section 5505 of title 49, United States Code. SEC. 25008. COORDINATION ON EMERGING TRANSPORTATION TECHNOLOGY. (a) In General.--Subchapter I of chapter 3 of title 49, United States Code, is amended by adding at the end the following: ``Sec. 313. <<NOTE: 49 USC 313.>> Nontraditional and Emerging Transportation Technology Council ``(a) <<NOTE: Deadline.>> Establishment.--Not later than 180 days after the date of enactment of this section, the Secretary of Transportation (referred to in this section as the `Secretary') shall establish a council, to be known as the `Nontraditional and Emerging Transportation Technology Council' (referred to in this section as the `Council'), to address coordination on emerging technology issues across all modes of transportation. ``(b) Membership.-- ``(1) In general.--The Council shall be composed of-- ``(A) the Secretary, who shall serve as an ex officio member of the Council; ``(B) the Deputy Secretary of Transportation; ``(C) the Under Secretary of Transportation for Policy; ``(D) the Assistant Secretary for Research and Technology of the Department of Transportation; ``(E) the Assistant Secretary for Budget and Programs of the Department of Transportation; [[Page 135 STAT. 851]] ``(F) the General Counsel of the Department of Transportation; ``(G) the Chief Information Officer of the Department of Transportation; ``(H) the Administrator of the Federal Aviation Administration; ``(I) the Administrator of the Federal Highway Administration; ``(J) the Administrator of the Federal Motor Carrier Safety Administration; ``(K) the Administrator of the Federal Railroad Administration; ``(L) the Administrator of the Federal Transit Administration; ``(M) the Administrator of the Maritime Administration; ``(N) the Administrator of the National Highway Traffic Safety Administration; ``(O) the Administrator of the Pipeline and Hazardous Materials Safety Administration; and ``(P) any other official of the Department of Transportation, as determined by the Secretary. ``(2) Chair and vice chair.-- ``(A) Chair.--The Deputy Secretary of Transportation (or a designee) shall serve as Chair of the Council. ``(B) Vice chair.--The Under Secretary of Transportation for Policy (or a designee) shall serve as Vice Chair of the Council. ``(c) Duties.--The Council shall-- ``(1) identify and resolve jurisdictional and regulatory gaps or inconsistencies associated with nontraditional and emerging transportation technologies, modes, or projects pending or brought before the Department of Transportation to reduce, to the maximum extent practicable, impediments to the prompt and safe deployment of new and innovative transportation technology, including with respect to-- ``(A) safety oversight; ``(B) environmental review; and ``(C) funding and financing issues; ``(2) coordinate the response of the Department of Transportation to nontraditional and emerging transportation technology projects; ``(3) engage with stakeholders in nontraditional and emerging transportation technology projects; and ``(4) develop and establish Department of Transportation- wide processes, solutions, and best practices for identifying and managing nontraditional and emerging transportation technology projects. ``(d) <<NOTE: Deadline.>> Best Practices.--Not later than 1 year after the date of enactment of this section, the Council shall-- ``(1) <<NOTE: Publication. Guidelines.>> publish initial guidelines to achieve the purposes described in subsection (c)(4); and ``(2) promote each modal administration within the Department of Transportation to further test and support the advancement of nontraditional and emerging transportation technologies not specifically considered by the Council. [[Page 135 STAT. 852]] ``(e) Support.--The Office of the Secretary shall provide support for the Council. ``(f) <<NOTE: Time period.>> Meetings.--The Council shall meet not less frequently than 4 times per year, at the call of the Chair. ``(g) Lead Modal Administration.--For each nontraditional or emerging transportation technology, mode, or project associated with a jurisdictional or regulatory gap or inconsistency identified under subsection (c)(1), the Chair of the Council shall-- ``(1) designate a lead modal administration of the Department of Transportation for review of the technology, mode, or project; and ``(2) arrange for the detailing of staff between modal administrations or offices of the Department of Transportation as needed to maximize the sharing of experience and expertise. ``(h) <<NOTE: Time period. Public information. Web posting. Reports.>> Transparency.--Not later than 1 year after the date of establishment of the Council, and not less frequently than annually thereafter until December 31, 2026, the Council shall post on a publicly accessible website a report describing the activities of the Council during the preceding calendar year.''. (b) Clerical Amendment.--The analysis for subchapter I of chapter 3 of title 49, United States Code, <<NOTE: 49 USC 301 prec.>> is amended by adding at the end the following: ``313. Nontraditional and Emerging Transportation Technology Council.''. SEC. 25009. INTERAGENCY INFRASTRUCTURE PERMITTING IMPROVEMENT CENTER. (a) In General.--Section 102 of title 49, United States Code (as amended by section 14009), is amended-- (1) in subsection (a), by inserting ``(referred to in this section as the `Department')'' after ``Transportation''; (2) in subsection (b), in the first sentence, by inserting ``(referred to in this section as the `Secretary')'' after ``Transportation''; (3) by redesignating subsection (h) as subsection (i); and (4) by inserting after subsection (g) the following: ``(h) Interagency Infrastructure Permitting Improvement Center.-- ``(1) Definitions.--In this subsection: ``(A) Center.--The term `Center' means the Interagency Infrastructure Permitting Improvement Center established by paragraph (2). ``(B) Project.--The term `project' means a project authorized or funded under-- ``(i) this title; or ``(ii) title 14, 23, 46, or 51. ``(2) Establishment.--There is established within the Office of the Secretary a center, to be known as the `Interagency Infrastructure Permitting Improvement Center'. ``(3) Purposes.--The purposes of the Center shall be-- ``(A) to implement reforms to improve interagency coordination and expedite projects relating to the permitting and environmental review of major transportation infrastructure projects, including-- ``(i) developing and deploying information technology tools to track project schedules and metrics; and [[Page 135 STAT. 853]] ``(ii) improving the transparency and accountability of the permitting process; ``(B)(i) to identify appropriate methods to assess environmental impacts; and ``(ii) to develop innovative methods for reasonable mitigation; ``(C) to reduce uncertainty and delays with respect to environmental reviews and permitting; and ``(D) to reduce costs and risks to taxpayers in project delivery. ``(4) Executive director.--The Center shall be headed by an Executive Director, who shall-- ``(A) report to the Under Secretary of Transportation for Policy; ``(B) be responsible for the management and oversight of the daily activities, decisions, operations, and personnel of the Center; and ``(C) carry out such additional duties as the Secretary may prescribe. ``(5) Duties.--The Center shall carry out the following duties: ``(A) Coordinate and support implementation of priority reform actions for Federal agency permitting and reviews. ``(B) Support modernization efforts at the operating administrations within the Department and interagency pilot programs relating to innovative approaches to the permitting and review of transportation infrastructure projects. ``(C) Provide technical assistance and training to Department staff on policy changes, innovative approaches to project delivery, and other topics, as appropriate. ``(D) Identify, develop, and track metrics for timeliness of permit reviews, permit decisions, and project outcomes. ``(E) Administer and expand the use of online transparency tools providing for-- ``(i) tracking and reporting of metrics; ``(ii) development and posting of schedules for permit reviews and permit decisions; ``(iii) the sharing of best practices relating to efficient project permitting and reviews; and ``(iv) the visual display of relevant geospatial data to support the permitting process. ``(F) <<NOTE: Reports.>> Submit to the Secretary reports describing progress made toward achieving-- ``(i) greater efficiency in permitting decisions and review of infrastructure projects; and ``(ii) better outcomes for communities and the environment. ``(6) Innovative best practices.-- ``(A) In general.--The Center shall work with the operating administrations within the Department, eligible entities, and other public and private interests to develop and promote best practices for innovative project delivery. ``(B) Activities.--The Center shall support the Department and operating administrations in conducting environmental reviews and permitting, together with project sponsor technical assistance activities, by-- [[Page 135 STAT. 854]] ``(i) carrying out activities that are appropriate and consistent with the goals and policies of the Department to improve the delivery timelines for projects; ``(ii) serving as the Department liaison to-- ``(I) the Council on Environmental Quality; and ``(II) the Federal Permitting Improvement Steering Council established by section 41002(a) of the Fixing America's Surface Transportation Act (42 U.S.C. 4370m-1(a)); ``(iii) supporting the National Surface Transportation and Innovative Finance Bureau (referred to in this paragraph as the `Bureau') in implementing activities to improve delivery timelines, as described in section 116(f), for projects carried out under the programs described in section 116(d)(1) for which the Bureau administers the application process; ``(iv) leading activities to improve delivery timelines for projects carried out under programs not administered by the Bureau by-- ``(I) coordinating efforts to improve the efficiency and effectiveness of the environmental review and permitting process; ``(II) providing technical assistance and training to field and headquarters staff of Federal agencies with respect to policy changes and innovative approaches to the delivery of projects; and ``(III) identifying, developing, and tracking metrics for permit reviews and decisions by Federal agencies for projects under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). ``(C) NEPA compliance assistance.-- ``(i) In general.--Subject to clause (ii), at the request of an entity that is carrying out a project, the Center, in coordination with the appropriate operating administrations within the Department, shall provide technical assistance relating to compliance with the applicable requirements of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and applicable Federal authorizations. ``(ii) Assistance from the bureau.--For projects carried out under the programs described in section 116(d)(1) for which the Bureau administers the application process, the Bureau, on request of the entity carrying out the project, shall provide the technical assistance described in clause (i).''. (b) Conforming Amendment.--Section 116(f)(2) of title 49, United States Code, is amended-- (1) by striking subparagraph (A); and (2) by redesignating subparagraphs (B) through (D) and subparagraphs (A) through (C), respectively. SEC. 25010. <<NOTE: 49 USC 102 note.>> RURAL OPPORTUNITIES TO USE TRANSPORTATION FOR ECONOMIC SUCCESS INITIATIVE. (a) Definitions.--In this section: [[Page 135 STAT. 855]] (1) Build america bureau.--The term ``Build America Bureau'' means the National Surface Transportation and Innovative Finance Bureau established under section 116 of title 49, United States Code. (2) Indian tribe.--The term ``Indian Tribe'' has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304). (3) ROUTES council.--The term ``ROUTES Council'' means the Rural Opportunities to Use Transportation for Economic Success Council established by subsection (c)(1). (4) ROUTES office.--The term ``ROUTES Office'' means the Rural Opportunities to Use Transportation for Economic Success Office established by subsection (b)(1). (b) Routes Office.-- (1) In general.--The Secretary shall establish within the Department the Rural Opportunities to Use Transportation for Economic Success Office-- (A) to improve analysis of projects from rural areas, Indian Tribes, and historically disadvantaged communities in rural areas applying for Department discretionary grants, including ensuring that project costs, local resources, and the larger benefits to the people and the economy of the United States are appropriately considered; and (B) to provide rural communities, Indian Tribes, and historically disadvantaged communities in rural areas with technical assistance for meeting the transportation infrastructure investment needs of the United States in a financially sustainable manner. (2) Objectives.--The ROUTES Office shall-- (A) collect input from knowledgeable entities and the public on-- (i) the benefits of rural and Tribal transportation projects; (ii) the technical and financial assistance required for constructing and operating transportation infrastructure and services within rural areas and on the land of Indian Tribes; (iii) barriers and opportunities to funding transportation projects in rural areas and on the land of Indian Tribes; and (iv) unique transportation barriers and challenges faced by Indian Tribes and historically disadvantaged communities in rural areas; (B) evaluate data on transportation challenges faced by rural communities and Indian Tribes and determine methods to align the discretionary funding and financing opportunities of the Department with the needs of those communities for meeting national transportation goals; (C) provide education and technical assistance to rural communities and Indian Tribes about applicable Department discretionary grants, develop effective methods to evaluate projects in those communities in discretionary grant programs, and communicate those methods through program guidance; [[Page 135 STAT. 856]] (D) carry out research and utilize innovative approaches to resolve the transportation challenges faced by rural areas and Indian Tribes; and (E) perform such other duties as determined by the Secretary. (c) Routes Council.-- (1) In general.--The Secretary shall establish a Rural Opportunities to Use Transportation for Economic Success Council-- (A) to organize, guide, and lead the ROUTES Office; and (B) to coordinate rural-related and Tribal-related funding programs and assistance among the modal administrations of the Department, the offices of the Department, and other Federal agencies, as appropriate-- (i) to ensure that the unique transportation needs and attributes of rural areas and Indian Tribes are fully addressed during the development and implementation of programs, policies, and activities of the Department; (ii) to increase coordination of programs, policies, and activities of the Department in a manner that improves and expands transportation infrastructure in order to further economic development in, and the quality of life of, rural areas and Indian Tribes; and (iii) to provide rural areas and Indian Tribes with proactive outreach-- (I) to improve access to discretionary funding and financing programs; and (II) to facilitate timely resolution of environmental reviews for complex or high-priority projects. (2) Membership.-- (A) In general.--The ROUTES Council shall be composed of the following officers of the Department, or their designees: (i) The Deputy Secretary of Transportation. (ii) The Under Secretary of Transportation for Policy. (iii) The General Counsel. (iv) The Chief Financial Officer and Assistant Secretary for Budget and Programs. (v) The Assistant Secretary for Research and Technology. (vi) The Assistant Secretary for Multimodal Freight. (vii) The Administrators of-- (I) the Federal Aviation Administration; (II) the Federal Highway Administration; (III) the Federal Railroad Administration; and (IV) the Federal Transit Administration. (viii) The Executive Director of the Build America Bureau. (ix) The Assistant Secretary for Governmental Affairs. (x) The Assistant Secretary for Transportation Policy. [[Page 135 STAT. 857]] (xi) The Deputy Assistant Secretary for Tribal Government Affairs. (B) Chair.--The Deputy Secretary of Transportation shall be the Chair of the ROUTES Council. (C) Additional members.--The Secretary or the Chair of the ROUTES Council may designate additional members to serve on the ROUTES Council. (3) <<NOTE: Consultation.>> Additional modal input.--To address issues related to safety and transport of commodities produced in or by, or transported through, as applicable, rural areas, Indian Tribes, or the land of Indian Tribes, the ROUTES Council shall consult with the Administrators (or their designees) of-- (A) the Maritime Administration; (B) the Great Lakes St. Lawrence Seaway Development Corporation; and (C) the National Highway Traffic Safety Administration. (4) Duties.--Members of the ROUTES Council shall-- (A) participate in all meetings and relevant ROUTES Council activities and be prepared to share information relevant to rural and Tribal transportation infrastructure projects and issues; (B) provide guidance and leadership on rural and Tribal transportation infrastructure issues and represent the work of the ROUTES Council and the Department on those issues to external stakeholders; and (C) recommend initiatives for the consideration of the Chair of the ROUTES Council to establish and staff any resulting activities or working groups. (5) Meetings.--The ROUTES Council shall meet bimonthly. (6) Additional staffing.--The Secretary shall ensure that the ROUTES Council and ROUTES Office have adequate staff support to carry out the duties of the ROUTES Council and the ROUTES Office, respectively, under this section. (7) <<NOTE: Reports.>> Work products and deliverables.--The ROUTES Council may develop work products or deliverables to meet the goals of the ROUTES Council, including-- (A) an annual report to Congress describing ROUTES Council activities for the past year and expected activities for the coming year; (B) <<NOTE: Recommenda- tions.>> any recommendations to enhance the effectiveness of Department discretionary grant programs regarding rural and Tribal infrastructure issues; and (C) other guides and reports for relevant groups and the public. SEC. 25011. <<NOTE: 49 USC 301 note.>> SAFETY DATA INITIATIVE. (a) Definition of Eligible Entity.--In this section, the term ``eligible entity'' means-- (1) a State; (2) a unit of local government; (3) a transit agency or authority; (4) a metropolitan planning organization; (5) any other subdivision of a State or local government; (6) an institution of higher education; and (7) a multi-State or multijurisdictional group. [[Page 135 STAT. 858]] (b) Safety Data Initiative.-- (1) Establishment.--The Secretary shall establish an initiative, to be known as the ``Safety Data Initiative'', to promote the use of data integration, data visualization, and advanced analytics for surface transportation safety through the development of innovative practices and products for use by Federal, State, and local entities. (2) Activities.-- (A) Applied research.-- (i) In general.--The Secretary shall support and carry out applied research to develop practices and products that will encourage the integration and use of traditional and new sources of safety data and safety information to improve policy and decisionmaking at the Federal, State, and local government levels. (ii) Methodology.--In carrying out clause (i), the Secretary may-- (I) carry out demonstration programs; (II) award grants and provide incentives to eligible entities; (III) enter into partnerships with-- (aa) eligible entities; (bb) private sector entities; and (cc) National Laboratories; and (IV) use any other tools, strategies, or methods that will result in the effective use of data and information for safety purposes. (B) Tools and practices.--In carrying out subparagraph (A), the Secretary, to the maximum extent practicable, shall-- (i) develop safety analysis tools for State and local governments, with a particular focus on State and local governments with limited capacity to perform safety analysis; (ii)(I) identify innovative State and local government practices; (II) incubate those practices for further development; and (III) replicate those practices nationwide; and (iii) transfer to State and local governments the results of the applied research carried out under that subparagraph. (C) Data sharing.-- (i) In general.--To inform the creation of information useful for safety policy and decisionmaking, the Secretary shall-- (I) encourage the sharing of data between and among Federal, State, and local transportation agencies; and (II) leverage data from private sector entities. (ii) Goals.--The goals of the data-sharing activities under clause (i) shall include-- (I) the creation of data ecosystems to reduce barriers to the efficient integration and analysis of relevant datasets for use by safety professionals; and [[Page 135 STAT. 859]] (II) the establishment of procedures adequate to ensure sufficient security, privacy, and confidentiality as needed to promote the sharing of sensitive or proprietary data. (iii) Management of data ecosystems.--A data ecosystem described in clause (ii)(I) may be managed by-- (I) the Director of the Bureau of Transportation Statistics; (II) 1 or more trusted third parties, as determined by the Secretary; or (III) 1 or more other entities or partnerships capable of securing, managing, and analyzing sensitive or proprietary data. (3) Plan.-- (A) In general.--The Safety Data Initiative shall be carried out pursuant to a plan to be jointly established by-- (i) the Under Secretary of Transportation for Policy; (ii) the Chief Information Officer of the Department; (iii) the Administrator of the National Highway Traffic Safety Administration; (iv) the Administrator of the Federal Highway Administration; (v) the Administrator of the Federal Motor Carrier Safety Administration; (vi) the Administrator of the Federal Transit Administration; and (vii) the Administrator of the Federal Railroad Administration. (B) Requirement.--The plan established under subparagraph (A) shall include details regarding the means by which tools and innovations developed by projects carried out under the Safety Data Initiative will be transferred to the appropriate program of the Department for further implementation. (C) <<NOTE: Determination.>> Deadline.--Not later than 1 year after the date of enactment of this Act, the Secretary shall direct the officials described in clauses (i) through (vii) of subparagraph (A) to establish, by a date determined by the Secretary, the plan referred to in that subparagraph. (4) Termination.--The Safety Data Initiative shall terminate on the later of-- (A) the date that is 1 year after the date of enactment of this Act; and (B) the date on which the Secretary makes the direction to officials described in paragraph (3)(C). SEC. 25012. ADVANCED TRANSPORTATION RESEARCH. (a) In General.--Chapter 1 of title 49, United States Code (as amended by section 21101(a)), is amended by adding at the end the following: ``Sec. 119. <<NOTE: 49 USC 119.>> Advanced Research Projects Agency-Infrastructure ``(a) Definitions.--In this section: [[Page 135 STAT. 860]] ``(1) ARPA-I.-- The term `ARPA-I' means the Advanced Research Projects Agency-Infrastructure established by subsection (b). ``(2) Department.--The term `Department' means the Department of Transportation. ``(3) Director.--The term `Director' means the Director of ARPA-I appointed under subsection (d). ``(4) Eligible entity.--The term `eligible entity' means-- ``(A) a unit of State or local government; ``(B) an institution of higher education; ``(C) a commercial entity; ``(D) a research foundation; ``(E) a trade or industry research collaborative; ``(F) a federally funded research and development center; ``(G) a research facility owned or funded by the Department; ``(H) a collaborative that includes relevant international entities; and ``(I) a consortia of 2 or more entities described in any of subparagraphs (A) through (H). ``(5) Infrastructure.-- ``(A) In general.--The term `infrastructure' means any transportation method or facility that facilitates the transit of goods or people within the United States (including territories). ``(B) Inclusions.--The term `infrastructure' includes-- ``(i) roads; ``(ii) highways; ``(iii) bridges; ``(iv) airports; ``(v) rail lines; ``(vi) harbors; and ``(vii) pipelines. ``(6) Secretary.--The term `Secretary' means the Secretary of Transportation. ``(b) Establishment.--There is established within the Department an agency, to be known as the `Advanced Research Projects Agency- Infrastructure', to support the development of science and technology solutions-- ``(1) to overcome long-term challenges; and ``(2) to advance the state of the art for United States transportation infrastructure. ``(c) Goals.-- ``(1) In general.--The goals of ARPA-I shall be-- ``(A) to advance the transportation infrastructure of the United States by developing innovative science and technology solutions that-- ``(i) lower the long-term costs of infrastructure development, including costs of planning, construction, and maintenance; ``(ii) reduce the lifecycle impacts of transportation infrastructure on the environment, including through the reduction of greenhouse gas emissions; ``(iii) contribute significantly to improving the safe, secure, and efficient movement of goods and people; and [[Page 135 STAT. 861]] ``(iv) promote the resilience of infrastructure from physical and cyber threats; and ``(B) to ensure that the United States is a global leader in developing and deploying advanced transportation infrastructure technologies and materials. ``(2) Research projects.--ARPA-I shall achieve the goals described in paragraph (1) by providing assistance under this section for infrastructure research projects that-- ``(A) advance novel, early-stage research with practicable application to transportation infrastructure; ``(B) translate techniques, processes, and technologies, from the conceptual phase to prototype, testing, or demonstration; ``(C) develop advanced manufacturing processes and technologies for the domestic manufacturing of novel transportation-related technologies; and ``(D) accelerate transformational technological advances in areas in which industry entities are unlikely to carry out projects due to technical and financial uncertainty. ``(d) Director.-- ``(1) <<NOTE: President.>> Appointment.--ARPA-I shall be headed by a Director, who shall be appointed by the President, by and with the advice and consent of the Senate. ``(2) Qualifications.--The Director shall be an individual who, by reason of professional background and experience, is especially qualified to advise the Secretary regarding, and manage research programs addressing, matters relating to the development of science and technology solutions to advance United States transportation infrastructure. ``(3) Relationship to secretary.--The Director shall-- ``(A) be located within the Office of the Assistant Secretary for Research and Technology; and ``(B) report to the Secretary. ``(4) Relationship to other programs.--No other program within the Department shall report to the Director. ``(5) Responsibilities.--The responsibilities of the Director shall include-- ``(A) approving new programs within ARPA-I; ``(B) developing funding criteria, and assessing the success of programs, to achieve the goals described in subsection (c)(1) through the establishment of technical milestones; ``(C) administering available funding by providing to eligible entities assistance to achieve the goals described in subsection (c)(1); ``(D) terminating programs carried out under this section that are not achieving the goals of the programs; and ``(E) establishing a process through which eligible entities can submit to ARPA-I unsolicited research proposals for assistance under this section in accordance with subsection (f). ``(e) Personnel.-- ``(1) In general.--The Director shall establish and maintain within ARPA-I a staff with sufficient qualifications and expertise to enable ARPA-I to carry out the responsibilities [[Page 135 STAT. 862]] under this section, in conjunction with other operations of the Department. ``(2) Program directors.-- ``(A) In general.--The Director shall designate employees to serve as program directors for ARPA-I. ``(B) Responsibilities.--Each program director shall be responsible for-- ``(i) establishing research and development goals for the applicable program, including by convening workshops and conferring with outside experts; ``(ii) publicizing the goals of the applicable program; ``(iii) soliciting applications for specific areas of particular promise, especially in areas that the private sector or the Federal Government are not likely to carry out absent assistance from ARPA-I; ``(iv) establishing research collaborations for carrying out the applicable program; ``(v) selecting on the basis of merit each project to be supported under the applicable program, taking into consideration-- ``(I) the novelty and scientific and technical merit of proposed projects; ``(II) the demonstrated capabilities of eligible entities to successfully carry out proposed projects; ``(III) the extent to which an eligible entity took into consideration future commercial applications of a proposed project, including the feasibility of partnering with 1 or more commercial entities; and ``(IV) such other criteria as the Director may establish; ``(vi) identifying innovative cost-sharing arrangements for projects carried out or funded by ARPA-I; ``(vii) monitoring the progress of projects supported under the applicable program; ``(viii) identifying mechanisms for commercial application of successful technology development projects, including through establishment of partnerships between eligible entities and commercial entities; and ``(ix) as applicable, recommending-- ``(I) program restructuring; or ``(II) termination of applicable research partnerships or projects. ``(C) Term of service.--A program director-- ``(i) shall serve for a term of 3 years; and ``(ii) may be reappointed for any subsequent term of service. ``(3) Hiring and management.-- ``(A) In general.--The Director may-- ``(i) make appointments of scientific, engineering, and professional personnel, without regard to the civil service laws; ``(ii) fix the basic pay of such personnel at such rate as the Director may determine, but not to exceed [[Page 135 STAT. 863]] level II of the Executive Schedule, without regard to the civil service laws; and ``(iii) pay an employee appointed under this subparagraph payments in addition to basic pay, subject to the condition that the total amount of those additional payments for any 12-month period shall not exceed the least of-- ``(I) $25,000; ``(II) an amount equal to 25 percent of the annual rate of basic pay of the employee; and ``(III) the amount of the applicable limitation for a calendar year under section 5307(a)(1) of title 5. ``(B) <<NOTE: Contracts.>> Private recruiting firms.--The Director may enter into a contract with a private recruiting firm for the hiring of qualified technical staff to carry out this section. ``(C) Additional staff.--The Director may use all authorities available to the Secretary to hire administrative, financial, and clerical staff, as the Director determines to be necessary to carry out this section. ``(f) Research Proposals.-- ``(1) In general.--An eligible entity may submit to the Director an unsolicited research proposal at such time, in such manner, and containing such information as the Director may require, including a description of-- ``(A) the extent of current and prior efforts with respect to the project proposed to be carried out using the assistance, if applicable; and ``(B) any current or prior investments in the technology area for which funding is requested, including as described in subsection (c)(2)(D). ``(2) Review.--The Director-- ``(A) shall review each unsolicited research proposal submitted under paragraph (1), taking into consideration-- ``(i) the novelty and scientific and technical merit of the research proposal; ``(ii) the demonstrated capabilities of the applicant to successfully carry out the research proposal; ``(iii) the extent to which the applicant took into consideration future commercial applications of the proposed research project, including the feasibility of partnering with 1 or more commercial entities; and ``(iv) such other criteria as the Director may establish; ``(B) <<NOTE: Determination.>> may approve a research proposal if the Director determines that the research-- ``(i) is in accordance with-- ``(I) the goals described in subsection (c)(1); or ``(II) an applicable transportation research and development strategic plan developed under section 6503; and ``(ii) would not duplicate any other Federal research being conducted or funded by another Federal agency; and [[Page 135 STAT. 864]] ``(C)(i) <<NOTE: Notices.>> if funding is denied for the research proposal, shall provide to the eligible entity that submitted the proposal a written notice of the denial that, as applicable-- ``(I) explains why the research proposal was not selected, including whether the research proposal fails to cover an area of need; and ``(II) <<NOTE: Recommenda- tion.>> recommends that the research proposal be submitted to another research program; or ``(ii) if the research proposal is approved for funding, shall provide to the eligible entity that submitted the proposal-- ``(I) a written notice of the approval; and ``(II) assistance in accordance with subsection (g) for the proposed research. ``(g) Forms of Assistance.--On approval of a research proposal of an eligible entity, the Director may provide to the eligible entity assistance in the form of-- ``(1) a grant; ``(2) a contract; ``(3) a cooperative agreement; ``(4) a cash prize; or ``(5) another, similar form of funding. ``(h) Reports and Roadmaps.-- ``(1) Annual reports.--For each fiscal year, the Director shall provide to the Secretary, for inclusion in the budget request submitted by the Secretary to the President under section 1108 of title 31 for the fiscal year, a report that, with respect to the preceding fiscal year, describes-- ``(A) the projects that received assistance from ARPA-I, including-- ``(i) each such project that was funded as a result of an unsolicited research proposal; and ``(ii) each such project that examines topics or technologies closely related to other activities funded by the Department, including an analysis of whether the Director achieved compliance with subsection (i)(1) in supporting the project; and ``(B) the instances of, and reasons for, the provision of assistance under this section for any projects being carried out by industry entities. ``(2) <<NOTE: Time period.>> Strategic vision roadmap.--Not later than October 1, 2022, and not less frequently than once every 4 years thereafter, the Director shall submit to the relevant authorizing and appropriations committees of Congress a roadmap describing the strategic vision that ARPA-I will use to guide the selection of future projects for technology investment during the 4 fiscal-year period beginning on the date of submission of the report. ``(i) Coordination and Nonduplication.--The Director shall ensure that-- ``(1) the activities of ARPA-I are coordinated with, and do not duplicate the efforts of, programs and laboratories within-- ``(A) the Department; and ``(B) other relevant research agencies; and ``(2) no funding is provided by ARPA-I for a project, unless the eligible entity proposing the project-- [[Page 135 STAT. 865]] ``(A) demonstrates sufficient attempts to secure private financing; or ``(B) indicates that the project is not independently commercially viable. ``(j) Federal Demonstration of Technologies.--The Director shall seek opportunities to partner with purchasing and procurement programs of Federal agencies to demonstrate technologies resulting from activities funded through ARPA-I. ``(k) <<NOTE: Contracts.>> Partnerships.--The Director shall seek opportunities to enter into contracts or partnerships with minority- serving institutions (as described in any of paragraphs (1) through (7) of section 371(a) of the Higher Education Act of 1965 (20 U.S.C. 1067q(a)))-- ``(1) to accomplish the goals of ARPA-I; ``(2) to develop institutional capacity in advanced transportation infrastructure technologies and materials; ``(3) to engage underserved populations in developing, demonstrating, and deploying those technologies and materials; and ``(4) to otherwise address the needs of ARPA-I. ``(l) University Transportation Centers.--The Director may-- ``(1) partner with university transportation centers under section 5505 to accomplish the goals, and address the needs, of ARPA-I; and ``(2) sponsor and select for funding, in accordance with section 5505, competitively selected university transportation center grants, in addition to the assistance provided under section 5505, to address targeted technology and material goals of ARPA-I. ``(m) Advice.-- ``(1) Advisory committees.--The Director may seek advice regarding any aspect of ARPA-I from-- ``(A) an existing advisory committee, office, or other group within the Department; and ``(B) a new advisory committee organized to support the programs of ARPA-I by providing advice and assistance regarding-- ``(i) specific program tasks; or ``(ii) the overall direction of ARPA-I. ``(2) Additional sources.--In carrying out this section, the Director may seek advice and review from-- ``(A) the President's Council of Advisors on Science and Technology; ``(B) the Advanced Research Projects Agency-Energy; and ``(C) any professional or scientific organization with expertise relating to specific processes or technologies under development by ARPA-I. ``(n) Evaluation.-- ``(1) <<NOTE: Deadline. Contracts.>> In general.--Not later than December 27, 2024, the Secretary may enter into an arrangement with the National Academy of Sciences under which the National Academy shall conduct an evaluation of the achievement by ARPA-I of the goals described in subsection (c)(1). ``(2) <<NOTE: Recommenda- tions.>> Inclusions.--The evaluation under paragraph (1) may include-- [[Page 135 STAT. 866]] ``(A) a recommendation regarding whether ARPA-I should be continued; ``(B) a recommendation regarding whether ARPA-I, or the Department generally, should continue to allow entities to submit unsolicited research proposals; and ``(C) a description of-- ``(i) the lessons learned from the operation of ARPA-I; and ``(ii) the manner in which those lessons may apply to the operation of other programs of the Department. ``(3) Availability.--On completion of the evaluation under paragraph (1), the evaluation shall be made available to-- ``(A) Congress; and ``(B) <<NOTE: Public information.>> the public. ``(o) Protection of Information.-- ``(1) In general.--Each type of information described in paragraph (2) that is collected by ARPA-I from eligible entities shall be considered to be-- ``(A) commercial and financial information obtained from a person; ``(B) privileged or confidential; and ``(C) not subject to disclosure under section 552(b)(4) of title 5. ``(2) Description of types of information.--The types of information referred to in paragraph (1) are-- ``(A) information relating to plans for commercialization of technologies developed using assistance provided under this section, including business plans, technology-to-market plans, market studies, and cost and performance models; ``(B) information relating to investments provided to an eligible entity from a third party (such as a venture capital firm, a hedge fund, and a private equity firm), including any percentage of ownership of an eligible entity provided in return for such an investment; ``(C) information relating to additional financial support that the eligible entity-- ``(i) plans to invest, or has invested, in the technology developed using assistance provided under this section; or ``(ii) is seeking from a third party; and ``(D) information relating to revenue from the licensing or sale of a new product or service resulting from research conducted using assistance provided under this section. ``(p) Effect on Existing Authorities.--The authority provided by this section-- ``(1) shall be in addition to any existing authority provided to the Secretary; and ``(2) shall not supersede or modify any other existing authority. ``(q) Funding.-- ``(1) Authorization of appropriations.--There are authorized to be appropriated to the Secretary such sums as are necessary to carry out this section. ``(2) Separate budget and appropriation.-- ``(A) Budget request.--The budget request for ARPA-I shall be separate from the budget request of the remainder of the Department. [[Page 135 STAT. 867]] ``(B) Appropriations.--The funding appropriated for ARPA-I shall be separate and distinct from the funding appropriated for the remainder of the Department. ``(3) Allocation.--Of the amounts made available for a fiscal year under paragraph (1)-- ``(A) not less than 5 percent shall be used for technology transfer and outreach activities-- ``(i) in accordance with the goal described in subsection (c)(2)(D); and ``(ii) within the responsibilities of the program directors described in subsection (e)(2)(B)(viii); and ``(B) <<NOTE: Time period.>> none may be used for the construction of any new building or facility during the 5-year period beginning on the date of enactment of the Surface Transportation Investment Act of 2021.''. (b) Clerical Amendment.--The analysis for chapter 1 of title 49, United States Code (as amended by section 21101(c)), <<NOTE: 49 USC 101 prec.>> is amended by adding at the end the following: ``119. Advanced Research Projects Agency-Infrastructure.''. SEC. 25013. OPEN RESEARCH INITIATIVE. (a) In General.--Subchapter I of chapter 55 of title 49, United States Code, is amended by adding at the end the following: ``Sec. 5506. <<NOTE: 49 USC 5506.>> Advanced transportation research initiative ``(a) Definition of Eligible Entity.--In this section, the term `eligible entity' means-- ``(1) a State agency; ``(2) a local government agency; ``(3) an institution of higher education (as defined in section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002)), including a university transportation center established under section 5505; ``(4) a nonprofit organization, including a nonprofit research organization; and ``(5) a private sector organization working in collaboration with an entity described in any of paragraphs (1) through (4). ``(b) Pilot Program.--The Secretary of Transportation (referred to in this section as the `Secretary') shall establish an advanced transportation research pilot program under which the Secretary-- ``(1) shall establish a process for eligible entities to submit to the Secretary unsolicited research proposals; and ``(2) may enter into arrangements with 1 or more eligible entities to fund research proposed under paragraph (1), in accordance with this section. ``(c) Eligible Research.--The Secretary may enter into an arrangement with an eligible entity under this section to fund research that-- ``(1) addresses-- ``(A) a research need identified by-- ``(i) the Secretary; or ``(ii) the Administrator of a modal administration of the Department of Transportation; or ``(B) an issue that the Secretary determines to be important; and ``(2) is not duplicative of-- [[Page 135 STAT. 868]] ``(A) any other Federal research project; or ``(B) any project for which funding is provided by another Federal agency. ``(d) Project Review.--The Secretary shall-- ``(1) review each research proposal submitted under the pilot program established under subsection (b); and ``(2)(A) <<NOTE: Notices.>> if funding is denied for the research proposal-- ``(i) provide to the eligible entity that submitted the proposal a written notice of the denial that, as applicable-- ``(I) explains why the research proposal was not selected, including whether the research proposal fails to cover an area of need; and ``(II) <<NOTE: Recommenda- tion.>> recommends that the research proposal be submitted to another research program; and ``(ii) if the Secretary recommends that the research proposal be submitted to another research program under clause (i)(II), provide guidance and direction to-- ``(I) the eligible entity; and ``(II) the proposed research program office; or ``(B) if the research proposal is selected for funding-- ``(i) provide to the eligible entity that submitted the proposal a written notice of the selection; and ``(ii) <<NOTE: Contracts.>> seek to enter into an arrangement with the eligible entity to provide funding for the proposed research. ``(e) Coordination.-- ``(1) In general.--The Secretary shall ensure that the activities carried out under subsection (c) are coordinated with, and do not duplicate the efforts of, programs of the Department of Transportation and other Federal agencies. ``(2) Intraagency coordination.--The Secretary shall coordinate the research carried out under this section with-- ``(A) the research, education, and technology transfer activities carried out by grant recipients under section 5505; and ``(B) the research, development, demonstration, and commercial application activities of other relevant programs of the Department of Transportation, including all modal administrations of the Department. ``(3) Interagency collaboration.--The Secretary shall coordinate, as appropriate, regarding fundamental research with the potential for application in the transportation sector with-- ``(A) the Director of the Office of Science and Technology Policy; ``(B) the Director of the National Science Foundation; ``(C) the Secretary of Energy; ``(D) the Director of the National Institute of Standards and Technology; ``(E) the Secretary of Homeland Security; ``(F) the Administrator of the National Oceanic and Atmospheric Administration; ``(G) the Secretary of Defense; and ``(H) the heads of other appropriate Federal agencies, as determined by the Secretary. [[Page 135 STAT. 869]] ``(f) Review, Evaluation, and Report.--Not less frequently than biennially, in accordance with the plan developed under section 6503, the Secretary shall-- ``(1) review and evaluate the pilot program established under subsection (b), including the research carried out under that pilot program; and ``(2) <<NOTE: Public information. Web posting.>> make public on a website of the Department of Transportation a report describing the review and evaluation under paragraph (1). ``(g) Federal Share.-- ``(1) In general.--The Federal share of the cost of an activity carried out under this section shall not exceed 80 percent. ``(2) Non-federal share.--All costs directly incurred by the non-Federal partners (including personnel, travel, facility, and hardware development costs) shall be credited toward the non- Federal share of the cost of an activity carried out under this section. ``(h) Limitation on Certain Expenses.--Of any amounts made available to carry out this section for a fiscal year, the Secretary may use not more than 1.5 percent for coordination, evaluation, and oversight activities under this section. ``(i) <<NOTE: Time period.>> Authorization of Appropriations.-- There is authorized to be appropriated to the Secretary to carry out this section $50,000,000 for each of fiscal years 2022 through 2026.''. (b) Clerical Amendment.--The analysis for subchapter I of chapter 55 of title 49, United States Code, <<NOTE: 49 USC 5501 prec.>> is amended by adding at the end the following: ``5506. Advanced transportation research initiative.''. SEC. 25014. TRANSPORTATION RESEARCH AND DEVELOPMENT 5-YEAR STRATEGIC PLAN. Section 6503 of title 49, United States Code, is amended-- (1) <<NOTE: Deadline.>> in subsection (a), by striking ``The Secretary'' and inserting ``Not later than 180 days after the date of publication of the Department of Transportation Strategic Plan and not less frequently than once every 5 years thereafter, the Secretary''; (2) in subsection (b), in the matter preceding paragraph (1), by striking ``The strategic'' and inserting ``Each strategic''; (3) in subsection (c)-- (A) in the matter preceding paragraph (1), by striking ``The strategic'' and inserting ``Each strategic''; and (B) in paragraph (1)-- (i) in subparagraph (E), by striking ``and'' at the end; (ii) in subparagraph (F), by adding ``and'' after the semicolon at the end; and (iii) by adding at the end the following: ``(G) reducing transportation cybersecurity risks;''; (4) in subsection (d)-- (A) in the matter preceding paragraph (1), by striking ``the strategic'' and inserting ``each strategic''; and (B) in paragraph (4), by striking ``2016'' and inserting ``2021, and not less frequently than once every 5 years thereafter''; and (5) by striking subsection (e). [[Page 135 STAT. 870]] SEC. 25015. RESEARCH PLANNING MODIFICATIONS. (a) Annual Modal Research Plans.--Section 6501 of title 49, United States Code, is amended-- (1) in subsection (a)-- (A) by striking paragraph (1) and inserting the following: ``(1) <<NOTE: Deadline.>> In general.--Not later than June 1 of each year, the head of each modal administration and joint program office of the Department of Transportation shall prepare and submit to the Assistant Secretary for Research and Technology of the Department of Transportation (referred to in this chapter as the `Assistant Secretary')-- ``(A) a comprehensive annual modal research plan for the following fiscal year; and ``(B) a detailed outlook for the fiscal year thereafter.''; (B) in paragraph (2), by inserting ``prepared or'' before ``submitted''; (C) by redesignating paragraph (2) as paragraph (3); and (D) by inserting after paragraph (1) the following: ``(2) Requirements.--Each plan under paragraph (1) shall include-- ``(A) a general description of the strategic goals of the Department that are addressed by the research programs being carried out by the Assistant Secretary or modal administration, as applicable; ``(B) a description of each proposed research program, as described in the budget request submitted by the Secretary of Transportation to the President under section 1108 of title 31 for the following fiscal year, including-- ``(i) the major objectives of the program; and ``(ii) the requested amount of funding for each program and area; ``(C) <<NOTE: List.>> a list of activities the Assistant Secretary or modal administration plans to carry out under the research programs described in subparagraph (B); ``(D) <<NOTE: Assessment.>> an assessment of the potential impact of the research programs described in subparagraph (B), including-- ``(i) potential outputs, outcomes, and impacts on technologies and practices used by entities subject to the jurisdiction of the modal administration; ``(ii) potential effects on applicable regulations of the modal administration, including the modification or modernization of those regulations; ``(iii) potential economic or societal impacts; and ``(iv) progress made toward achieving strategic goals of-- ``(I) the applicable modal administration; or ``(II) the Department of Transportation; ``(E) a description of potential partnerships to be established to conduct the research program, including partnerships with-- ``(i) institutions of higher education; and ``(ii) private sector entities; and ``(F) such other requirements as the Assistant Secretary considers to be necessary.''; [[Page 135 STAT. 871]] (2) in subsection (b)-- (A) in paragraph (1)-- (i) in the matter preceding subparagraph (A), by inserting ``by the head of a modal administration or joint program office'' after ``submitted''; and (ii) in subparagraph (B), by striking clause (ii) and inserting the following: ``(ii) request that the plan and outlook be-- ``(I) revised in accordance with such suggestions as the Assistant Secretary shall include to ensure conformity with the criteria described in paragraph (2); and ``(II) resubmitted to the Assistant Secretary for approval.''; (B) by redesignating paragraphs (2) and (3) as paragraphs (3) and (4), respectively; and (C) by inserting after paragraph (1) the following: ``(2) Criteria.--In conducting a review under paragraph (1)(A), the Assistant Secretary shall, with respect to the modal research plan that is the subject of the review-- ``(A) take into consideration whether-- ``(i) <<NOTE: Plan.>> the plan contains research objectives that are consistent with the strategic research and policy objectives of the Department of Transportation included in the strategic plan required under section 6503; and ``(ii) the research programs described in the plan have the potential to benefit the safety, mobility, and efficiency of the United States transportation system; ``(B) identify and evaluate any potential opportunities for collaboration between or among modal administrations with respect to particular research programs described in the plan; ``(C) identify and evaluate whether other modal administrations may be better suited to carry out the research programs described in the plan; ``(D) <<NOTE: Assessment.>> assess whether any projects described in the plan are-- ``(i) duplicative across modal administrations; or ``(ii) unnecessary; and ``(E) take into consideration such other criteria as the Assistant Secretary determines to be necessary.''; and (D) by adding at the end the following: ``(5) Savings clause.--Nothing in this subsection limits the ability of the head of a modal administration to comply with applicable law.''; and (3) in subsection (c), in the matter preceding paragraph (1), by striking ``subsection (b)(3)'' and inserting ``subsection (b)(4). (b) Consolidated Research Database.--Section 6502(a) of title 49, United States Code, is amended by striking the subsection designation and heading and all that follows through subparagraph (B) of paragraph (2) and inserting the following: ``(a) Research Abstract Database.-- ``(1) <<NOTE: Deadline. Review. Public information.>> Submission.--Not later than September 1 of each year, the head of each modal administration and joint program office of the Department of Transportation shall submit to the Assistant Secretary, for review and public posting, a description [[Page 135 STAT. 872]] of each proposed research project to be carried out during the following fiscal year, including-- ``(A) proposed funding for any new projects; and ``(B) proposed additional funding for any existing projects. ``(2) <<NOTE: Public information. Web posting.>> Publication.--Not less frequently than annually, after receiving the descriptions under paragraph (1), the Assistant Secretary shall publish on a public website a comprehensive database including a description of all research projects conducted by the Department of Transportation, including research funded through university transportation centers under section 5505. ``(3) Contents.--The database published under paragraph (2) shall-- ``(A) be delimited by research project; and ``(B) include a description of, with respect to each research project-- ``(i) research objectives; ``(ii) the progress made with respect to the project, including whether the project is ongoing or complete; ``(iii) any outcomes of the project, including potential implications for policy, regulations, or guidance issued by a modal administration or the Department of Transportation; ``(iv) any findings of the project; ``(v) the amount of funds allocated for the project; and ``(vi) such other information as the Assistant Secretary determines to be necessary to address Departmental priorities and statutory mandates;''. SEC. 25016. INCORPORATION OF DEPARTMENT OF TRANSPORTATION RESEARCH. (a) In General.--Chapter 65 of title 49, United States Code, is amended by adding at the end the following: ``Sec. 6504. <<NOTE: 49 USC 6504.>> Incorporation of Department of Transportation research ``(a) <<NOTE: Deadline. Time period.>> Review.--Not later than December 31, 2021, and not less frequently than once every 5 years thereafter, in concurrence with the applicable strategic plan under section 6503, the Secretary of Transportation shall-- ``(1) conduct a review of research conducted by the Department of Transportation; and ``(2) to the maximum extent practicable and appropriate, identify modifications to laws, regulations, guidance, and other policy documents to incorporate any innovations resulting from the research described in paragraph (1) that have the potential to improve the safety or efficiency of the United States transportation system. ``(b) Requirements.--In conducting a review under subsection (a), the Secretary of Transportation shall-- ``(1) identify any innovative practices, materials, or technologies that have demonstrable benefits to the transportation system; [[Page 135 STAT. 873]] ``(2) <<NOTE: Determination.>> determine whether the practices, materials, or technologies described in paragraph (1) require any statutory or regulatory modifications for adoption; and ``(3)(A) if modifications are determined to be required under paragraph (2), develop-- ``(i) <<NOTE: Proposal.>> a proposal for those modifications; and ``(ii) a description of the manner in which any such regulatory modifications would be-- ``(I) incorporated into the Unified Regulatory Agenda; or ``(II) adopted into existing regulations as soon as practicable; or ``(B) if modifications are determined not to be required under paragraph (2), develop a description of the means by which the practices, materials, or technologies described in paragraph (1) will otherwise be incorporated into Department of Transportation or modal administration policy or guidance, including as part of the Technology Transfer Program of the Office of the Assistant Secretary for Research and Technology. ``(c) Report.--On completion of each review under subsection (a), the Secretary of Transportation shall submit to the appropriate committees of Congress a report describing, with respect to the period covered by the report-- ``(1) each new practice, material, or technology identified under subsection (b)(1); and ``(2) any statutory or regulatory modification for the adoption of such a practice, material, or technology that-- ``(A) is determined to be required under subsection (b)(2); or ``(B) was otherwise made during that period.''. (b) Clerical Amendment.--The analysis for chapter 65 of title 49, United States Code, <<NOTE: 49 USC 6501 prec.>> is amended by adding at the end the following: ``6504. Incorporation of Department of Transportation research.''. SEC. 25017. UNIVERSITY TRANSPORTATION CENTERS PROGRAM. Section 5505 of title 49, United States Code, is amended-- (1) in subsection (a)-- (A) in paragraph (1), by inserting ``of Transportation, acting through the Assistant Secretary for Research and Technology (referred to in this section as the `Secretary'),'' after ``The Secretary''; and (B) in paragraph (2)-- (i) in subparagraph (B), by inserting ``multimodal'' after ``critical''; and (ii) in subparagraph (C), by inserting ``with respect to the matters described in subparagraphs (A) through (G) of section 6503(c)(1)'' after ``transportation leaders''; (2) in subsection (b)-- (A) in paragraph (2)(A), by striking ``for each of the transportation centers described under paragraphs (2), (3), and (4) of subsection (c)'' and inserting ``as a lead institution under this section, except as provided in subparagraph (B)''; (B) in paragraph (4)-- [[Page 135 STAT. 874]] (i) in subparagraph (A), by striking ``identified in chapter 65'' and inserting ``described in subparagraphs (A) through (G) of section 6503(c)(1)''; and (ii) in subparagraph (B), in the matter preceding clause (i), by striking ``the Assistant Secretary'' and all that follows through ``modal administrations'' and inserting ``the heads of the modal administrations of the Department of Transportation,''; and (C) in paragraph (5)(B), in the matter preceding clause (i), by striking ``submit'' and all that follows through ``of the Senate'' and inserting ``make available to the public on a website of the Department of Transportation''; (3) in subsection (c)(3)(E)-- (A) by inserting ``, including the cybersecurity implications of technologies relating to connected vehicles, connected infrastructure, and autonomous vehicles'' after ``autonomous vehicles''; and (B) by striking ``The Secretary'' and inserting the following: ``(i) <<NOTE: Research and development.>> In general.--A regional university transportation center receiving a grant under this paragraph shall carry out research focusing on 1 or more of the matters described in subparagraphs (A) through (G) of section 6503(c)(1). ``(ii) Focused objectives.--The Secretary''; and (4) in subsection (d)-- (A) in paragraph (2)-- (i) in the paragraph heading, by striking ``Annual review'' and inserting ``Review''; (ii) in the matter preceding subparagraph (A), by striking ``annually'' and inserting ``biennially''; and (iii) in subparagraph (B), by striking ``submit'' and all that follows through ``of the Senate'' and inserting ``make available to the public on a website of the Department of Transportation''; and (B) in paragraph (3), by striking ``2016 through 2020'' and inserting ``2022 through 2026''. SEC. 25018. NATIONAL TRAVEL AND TOURISM INFRASTRUCTURE STRATEGIC PLAN. (a) In General.--Section 1431(e) of the FAST Act (49 U.S.C. 301 note; Public Law 114-94) is amended-- (1) by redesignating paragraphs (1) through (7) as subparagraphs (A) though (G), respectively, and indenting appropriately; (2) in the matter preceding subparagraph (A) (as so redesignated)-- (A) by striking ``Not later than 3 years after the date of enactment of this Act'' and inserting ``Not later than 180 days after the date of enactment of the Surface Transportation Investment Act of 2021''; and (B) by striking ``plan that includes'' and inserting the following: ``plan-- ``(1) <<NOTE: Recommenda- tions.>> to develop an immediate- term and long-term strategy, including policy recommendations across all modes of transportation, for the Department and other agencies to use infrastructure investments to revive the travel and tourism industry [[Page 135 STAT. 875]] and the overall travel and tourism economy in the wake of the Coronavirus Disease 2019 (COVID-19) pandemic; and ``(2) that includes''; and (3) in paragraph (2) (as so redesignated)-- (A) in subparagraph (A) (as so redesignated), by inserting ``, including consideration of the impacts of the COVID-19 pandemic'' after ``network''; (B) in subparagraph (D) (as so redesignated), by inserting ``of regional significance'' after ``corridors''; (C) in subparagraph (F) (as so redesignated), by striking ``and'' at the end; (D) in subparagraph (G) (as so redesignated), by striking the period at the end and inserting ``; and''; and (E) by adding at the end the following: ``(H) an identification of possible infrastructure investments that create recovery opportunities for small, underserved, minority, and rural businesses in the travel and tourism industry, including efforts to preserve and protect the scenic, but often less- traveled, roads that promote tourism and economic development throughout the United States.''. (b) Chief Travel and Tourism Officer.--Section 102 of title 49, United States Code, is amended by striking subsection (i) (as redesignated by section 25009(a)(3)) and inserting the following: ``(i) Chief Travel and Tourism Officer.-- ``(1) Establishment.--There is established in the Office of the Secretary of Transportation a position, to be known as the `Chief Travel and Tourism Officer'. ``(2) Duties.--The Chief Travel and Tourism Officer shall collaborate with the Assistant Secretary for Aviation and International Affairs to carry out-- ``(A) the National Travel and Tourism Infrastructure Strategic Plan under section 1431(e) of Public Law 114- 94 (49 U.S.C. 301 note); and ``(B) other travel- and tourism-related matters involving the Department of Transportation.''. SEC. 25019. <<NOTE: 23 USC 114 note.>> LOCAL HIRING PREFERENCE FOR CONSTRUCTION JOBS. (a) Authorization.-- (1) In general.--A recipient or subrecipient of a grant provided by the Secretary under title 23 or 49, United States Code, may implement a local or other geographical or economic hiring preference relating to the use of labor for construction of a project funded by the grant, including prehire agreements, subject to any applicable State and local laws, policies, and procedures. (2) Treatment.--The use of a local or other geographical or economic hiring preference pursuant to paragraph (1) in any bid for a contract for the construction of a project funded by a grant described in paragraph (1) shall not be considered to unduly limit competition. (b) Workforce Diversity Report.--Not later than 1 year after the date of enactment of this Act, the Secretary shall submit to Congress a report describing methods-- [[Page 135 STAT. 876]] (1) to ensure preapprenticeship programs are established and implemented to meet the needs of employers in transportation and transportation infrastructure construction industries, including with respect to the formal connection of the preapprenticeship programs to registered apprenticeship programs; (2) to address barriers to employment (within the meaning of the Workforce Innovation and Opportunity Act (29 U.S.C. 3101 et seq.)) in transportation and transportation infrastructure construction industries for-- (A) individuals who are former offenders (as defined in section 3 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3102)); (B) individuals with a disability (as defined in section 3 of the Americans with Disabilities Act of 1990 (42 U.S.C. 12102)); and (C) individuals that represent populations that are traditionally underrepresented in the workforce; and (3) to encourage a recipient or subrecipient implementing a local or other geographical or economic hiring preference pursuant to subsection (a)(1) to establish, in coordination with nonprofit organizations that represent employees, outreach and support programs that increase diversity within the workforce, including expanded participation from individuals described in subparagraphs (A) through (C) of paragraph (2). (c) <<NOTE: Deadline. Web posting.>> Model Plan.--Not later than 1 year after the date of submission of the report under subsection (b), the Secretary shall establish, and publish on the website of the Department, a model plan for use by States, units of local government, and private sector entities to address the issues described in that subsection. SEC. 25020. TRANSPORTATION WORKFORCE DEVELOPMENT. (a) <<NOTE: Contracts.>> Assessment.--The Secretary shall enter into an arrangement with the National Academy of Sciences under which the National Academy shall develop and submit to the Secretary a workforce needs assessment that-- (1) addresses-- (A) the education and recruitment of technical workers for the intelligent transportation technologies and systems industry; (B) the development of a workforce skilled in various types of intelligent transportation technologies, components, infrastructure, and equipment, including with respect to-- (i) installation; (ii) maintenance; (iii) manufacturing; (iv) operations, including data analysis and review; and (v) cybersecurity; and (C) barriers to employment in the intelligent transportation technologies and systems industry for-- (i) individuals who are former offenders (as defined in section 3 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3102)); [[Page 135 STAT. 877]] (ii) individuals with a disability (as defined in section 3 of the Americans with Disabilities Act of 1990 (42 U.S.C. 12102)); and (iii) individuals that represent populations that are traditionally underrepresented in the workforce; and (2) <<NOTE: Recommenda- tions.>> includes recommendations relating to the issues described in paragraph (1). (b) Working Group.-- (1) Establishment.--The Secretary shall establish a working group, to be composed of-- (A) the Secretary of Energy; (B) the Secretary of Labor; and (C) the heads of such other Federal agencies as the Secretary determines to be necessary. (2) Implementation plan.-- (A) In general.--The working group established under paragraph (1) shall develop an intelligent transportation technologies and systems industry workforce development implantation plan. (B) Requirements.--The implementation plan under subparagraph (A) shall address any issues and recommendations included in the needs assessment under subsection (a), taking into consideration a whole-of- government approach with respect to-- (i) using registered apprenticeship and preapprenticeship programs; and (ii) re-skilling workers who may be interested in working within the intelligent transportation technologies and systems industry. (3) Submission to congress.--Not later than 1 year after the date of receipt of the needs assessment under subsection (a), the Secretary shall submit to Congress the implementation plan developed under paragraph (2). (4) Termination.--The working group established under paragraph (1) shall terminate on the date on which the implementation plan developed under paragraph (2) is submitted to Congress under paragraph (3). (c) Transportation Workforce Outreach Program.-- (1) In general.--Subchapter I of chapter 55 of title 49, United States Code (as amended by section 25013(a)), is amended by adding at the end the following: ``Sec. 5507. <<NOTE: 49 USC 5507.>> Transportation workforce outreach program ``(a) <<NOTE: Public information. Time period.>> In General.--The Secretary of Transportation (referred to in this section as the `Secretary') shall establish and administer a transportation workforce outreach program, under which the Secretary shall carry out a series of public service announcement campaigns during each of fiscal years 2022 through 2026. ``(b) Purposes.--The purpose of the campaigns carried out under the program under this section shall be-- ``(1) to increase awareness of career opportunities in the transportation sector, including aviation pilots, safety inspectors, mechanics and technicians, air traffic controllers, flight attendants, truck and bus drivers, engineers, transit workers, railroad workers, and other transportation professionals; and [[Page 135 STAT. 878]] ``(2) to target awareness of professional opportunities in the transportation sector to diverse segments of the population, including with respect to race, sex, ethnicity, ability (including physical and mental ability), veteran status, and socioeconomic status. ``(c) Advertising.--The Secretary may use, or authorize the use of, amounts made available to carry out the program under this section for the development, production, and use of broadcast, digital, and print media advertising and outreach in carrying out a campaign under this section. ``(d) <<NOTE: Time period.>> Funding.--The Secretary may use to carry out this section any amounts otherwise made available to the Secretary, not to exceed $5,000,000, for each of fiscal years 2022 through 2026.''. (2) Clerical amendment.--The analysis for subchapter I of chapter 55 of title 49, United States Code (as amended by section 25013(b)), <<NOTE: 49 USC 5501 prec.>> is amended by adding at the end the following: ``5507. Transportation workforce outreach program.''. SEC. 25021. INTERMODAL TRANSPORTATION ADVISORY BOARD REPEAL. (a) In General.--Section 5502 of title 49, United States Code, is repealed. (b) Clerical Amendment.--The analysis for subchapter I of chapter 55 of title 49, United States Code, <<NOTE: 49 USC 5501 prec.>> is amended by striking the item relating to section 5502. SEC. 25022. <<NOTE: 49 USC 301 note.>> GAO CYBERSECURITY RECOMMENDATIONS. (a) <<NOTE: Deadline. Updates.>> Cybersecurity Risk Management.-- Not later than 3 years after the date of enactment of this Act, the Secretary shall implement the recommendation for the Department made by the Comptroller General of the United States in the report entitled ``Cybersecurity: Agencies Need to Fully Establish Risk Management Programs and Address Challenges'', numbered GAO-19-384, and dated July 2019-- (1) <<NOTE: Strategy.>> by developing a cybersecurity risk management strategy for the systems and information of the Department; (2) by updating policies to address an organization-wide risk assessment; and (3) by updating the processes for coordination between cybersecurity risk management functions and enterprise risk management functions. (b) <<NOTE: Deadline.>> Work Roles.--Not later than 3 years after the date of enactment of this Act, the Secretary shall implement the recommendation of the Comptroller General of the United States in the report entitled ``Cybersecurity Workforce: Agencies Need to Accurately Categorize Positions to Effectively Identify Critical Staffing Needs'', numbered GAO-19-144, and dated March 2019, by-- (1) <<NOTE: Review.>> reviewing positions in the Department; and (2) assigning appropriate work roles in accordance with the National Initiative for Cybersecurity Education Cybersecurity Workforce Framework. (c) GAO Review.-- (1) <<NOTE: Examination.>> Report.--Not later than 18 months after the date of enactment of this Act, the Comptroller General of the United States shall submit to the Committee on Commerce, Science, [[Page 135 STAT. 879]] and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report that examines the approach of the Department to managing cybersecurity for the systems and information of the Department. (2) <<NOTE: Evaluation.>> Contents.--The report under paragraph (1) shall include an evaluation of-- (A) the roles, responsibilities, and reporting relationships of the senior officials of the Department with respect to cybersecurity at the components of the Department; (B) the extent to which officials of the Department-- (i) establish requirements for, share information with, provide resources to, and monitor the performance of managers with respect to cybersecurity within the components of the Department; and (ii) hold managers accountable for cybersecurity within the components of the Department; and (C) other aspects of cybersecurity, as the Comptroller General of the United States determines to be appropriate. SEC. 25023. <<NOTE: 49 USC 330 note.>> VOLPE OVERSIGHT. (a) <<NOTE: Deadline.>> Financial Management.--Not later than 1 year after the date of enactment of this Act, the Secretary shall implement the recommendations of the Inspector General of the Department included in the report entitled ``DOT Needs to Strengthen Its Oversight of IAAs With Volpe'' and dated September 30, 2019, to improve planning, financial management, and the sharing of performance information with respect to intraagency agreements with the John A. Volpe National Transportation Systems Center (referred to in this section as the ``Volpe Center''). (b) GAO Review.-- (1) <<NOTE: Deadline.>> In general.--Not later than 2 years after the date of enactment of this Act, the Comptroller General of the United States shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report that examines the surface transportation activities at the Volpe Center. (2) <<NOTE: Evaluation.>> Contents.--The report under paragraph (1) shall include an evaluation of-- (A) the amount of Department funding provided to the Volpe Center, as compared to other Federal and non- Federal research partners; (B) the process used by the Department to determine whether to work with the Volpe Center, as compared to any other Federal or non-Federal research partner; (C) the extent to which the Department is collaborating with the Volpe Center to address research needs relating to emerging issues; and (D) whether the operation of the Volpe Center is duplicative of other public or private sector efforts. SEC. 25024. MODIFICATIONS TO GRANT PROGRAM. Section 1906 of the SAFETEA-LU (23 U.S.C. 402 note; Public Law 109- 59) is amended-- (1) in subsection (b)-- (A) in paragraph (1), by striking ``and'' at the end; [[Page 135 STAT. 880]] (B) in paragraph (2), by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following: ``(3) developing and implementing programs, public outreach, and training to reduce the impact of traffic stops described in subsection (a)(1).''; (2) by striking subsection (c) and inserting the following: ``(c) Maximum Amount.--The total amount provided to a State under this section in any fiscal year may not exceed-- ``(1) for a State described in subsection (a)(1), 10 percent of the amount made available to carry out this section in that fiscal year; and ``(2) for a State described in subsection (a)(2), 5 percent of the amount made available to carry out this section in that fiscal year.''; and (3) in subsection (d)-- (A) by striking ``$7,500,000 for each of fiscal years 2017 through 2020'' and inserting ``$11,500,000 for each fiscal year''; (B) by redesignating paragraph (3) as paragraph (4); and (C) by inserting after paragraph (2) the following: ``(3) Technical assistance.--The Secretary may allocate not more than 10 percent of the amount made available to carry out this section in a fiscal year to provide technical assistance to States to carry out activities under this section.''. SEC. 25025. DRUG-IMPAIRED DRIVING DATA COLLECTION. Not <<NOTE: Consultation. Reports.>> later than 2 years after the date of enactment of this Act, the Secretary, in consultation with the heads of appropriate Federal agencies, State highway safety offices, State toxicologists, traffic safety advocates, and other interested parties, shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report that, in accordance with the document entitled ``Recommendations for Toxicological Investigations of Drug-Impaired Driving and Motor Vehicle Fatalities--2017 Update'' (and subsequent updates to that document)-- (1) identifies any barriers that States encounter in submitting alcohol and drug toxicology results to the Fatality Analysis Reporting System; (2) <<NOTE: Recommenda- tions.>> provides recommendations on how to address the barriers identified pursuant to paragraph (1); and (3) describes steps that the Secretary, acting through the Administrator of the National Highway Traffic Safety Administration, will take to assist States in improving-- (A) toxicology testing in cases of motor vehicle crashes; and (B) the reporting of alcohol and drug toxicology results in cases of motor vehicle crashes. SEC. 25026. REPORT ON MARIJUANA RESEARCH. (a) Definition of Marijuana.--In this section, the term ``marijuana'' has the meaning given the term in section 4008(d) of the FAST Act (Public Law 114-94; 129 Stat. 1511). (b) <<NOTE: Consultation. Public information. Web posting. Recommenda- tions.>> Report.--Not later than 2 years after the date of enactment of this Act, the Secretary, in consultation with the Attorney General and the Secretary of Health and Human Services, shall submit [[Page 135 STAT. 881]] to the Committees on Commerce, Science, and Transportation and the Judiciary of the Senate and the Committees on Transportation and Infrastructure and the Judiciary of the House of Representatives, and make publicly available on the website of the Department, a report that-- (1) describes methods for, and contains recommendations with respect to-- (A) increasing and improving, for scientific researchers studying impairment while driving under the influence of marijuana, access to samples and strains of marijuana and products containing marijuana that are lawfully available to patients or consumers in a State on a retail basis; (B) establishing a national clearinghouse to collect and distribute samples and strains of marijuana for scientific research that includes marijuana and products containing marijuana lawfully available to patients or consumers in a State on a retail basis; and (C) facilitating, for scientific researchers located in States that have not legalized marijuana for medical or recreational use, access to samples and strains of marijuana and products containing marijuana from the clearinghouse described in subparagraph (B) for purposes of research on marijuana-impaired driving; and (2) identifies, and contains recommendations for addressing, Federal statutory and regulatory barriers to-- (A) the conduct of scientific research on marijuana- impaired driving; and (B) the establishment of a national clearinghouse for purposes of facilitating research on marijuana- impaired driving. SEC. 25027. <<NOTE: Reports.>> GAO STUDY ON IMPROVING THE EFFICIENCY OF TRAFFIC SYSTEMS. Not later than 1 year after the date of enactment of this Act, the Comptroller General of the United States shall carry out, and submit to Congress a report describing the results of, a study on the potential societal benefits of improving the efficiency of traffic systems. TITLE VI--HAZARDOUS MATERIALS SEC. 26001. <<NOTE: Time period.>> AUTHORIZATION OF APPROPRIATIONS. Section 5128 of title 49, United States Code, is amended to read as follows: ``Sec. 5128. Authorization of appropriations ``(a) In General.--There are authorized to be appropriated to the Secretary to carry out this chapter (except sections 5107(e), 5108(g)(2), 5113, 5115, 5116, and 5119)-- ``(1) $67,000,000 for fiscal year 2022; ``(2) $68,000,000 for fiscal year 2023; ``(3) $69,000,000 for fiscal year 2024; ``(4) $70,000,000 for fiscal year 2025; and ``(5) $71,000,000 for fiscal year 2026. [[Page 135 STAT. 882]] ``(b) Hazardous Materials Emergency Preparedness Fund.--From the Hazardous Materials Preparedness Fund established under section 5116(h), the Secretary may expend, for each of fiscal years 2022 through 2026-- ``(1) $39,050,000 to carry out section 5116(a); ``(2) $150,000 to carry out section 5116(e); ``(3) $625,000 to publish and distribute the Emergency Response Guidebook under section 5116(h)(3); and ``(4) $2,000,000 to carry out section 5116(i). ``(c) Hazardous Materials Training Grants.--From the Hazardous Materials Emergency Preparedness Fund established pursuant to section 5116(h), the Secretary may expend $5,000,000 for each of fiscal years 2022 through 2026 to carry out section 5107(e). ``(d) Community Safety Grants.--Of the amounts made available under subsection (a) to carry out this chapter, the Secretary shall withhold $4,000,000 for each of fiscal years 2022 through 2026 to carry out section 5107(i). ``(e) Credits to Appropriations.-- ``(1) Expenses.--In addition to amounts otherwise made available to carry out this chapter, the Secretary may credit amounts received from a State, Indian tribe, or other public authority or private entity for expenses the Secretary incurs in providing training to the State, Indian tribe, authority or entity. ``(2) Availability of amounts.--Amounts made available under this section shall remain available until expended.''. SEC. 26002. ASSISTANCE FOR LOCAL EMERGENCY RESPONSE TRAINING GRANT PROGRAM. Section 5116 of title 49, United States Code, is amended-- (1) in subsection (j), in the second sentence of the matter preceding paragraph (1), by striking ``subsection (i)'' and inserting ``subsections (i) and (j)''; (2) by redesignating subsection (j) as subsection (k); and (3) by inserting after subsection (i) the following: ``(j) Alert Grant Program.-- ``(1) Assistance for local emergency response training.--The Secretary shall establish a grant program to make grants to eligible entities described in paragraph (2)-- ``(A) to develop a hazardous materials response training curriculum for emergency responders, including response activities for the transportation of crude oil, ethanol, and other flammable liquids by rail, consistent with the standards of the National Fire Protection Association; and ``(B) to make the training described in subparagraph (A) available in an electronic format. ``(2) Eligible entities.--An eligible entity referred to in paragraph (1) is a nonprofit organization that-- ``(A) represents first responders or public officials responsible for coordinating disaster response; and ``(B) is able to provide direct or web-based training to individuals responsible for responding to accidents and incidents involving hazardous materials. ``(3) Funding.-- ``(A) In general.--To carry out the grant program under paragraph (1), the Secretary may use, for each fiscal year, any amounts recovered during such fiscal year from [[Page 135 STAT. 883]] grants awarded under this section during a prior fiscal year. ``(B) Other hazardous material training activities.--For each fiscal year, after providing grants under paragraph (1), if funds remain available, the Secretary may use the amounts described in subparagraph (A)-- ``(i) to make grants under-- ``(I) subsection (a)(1)(C); ``(II) subsection (i); and ``(III) section 5107(e); ``(ii) to conduct monitoring and provide technical assistance under subsection (e); ``(iii) to publish and distribute the emergency response guide referred to in subsection (h)(3); and ``(iv) to pay administrative costs in accordance with subsection (h)(4). ``(C) Obligation limitation.--Notwithstanding any other provision of law, for each fiscal year, amounts described in subparagraph (A) shall not be included in the obligation limitation for the Hazardous Materials Emergency Preparedness grant program for that fiscal year.''. SEC. 26003. REAL-TIME EMERGENCY RESPONSE INFORMATION. Section 7302 of the FAST Act (49 U.S.C. 20103 note; Public Law 114- 94) is amended-- (1) in subsection (a)-- (A) in the matter preceding paragraph (1), by striking ``1 year after the date of enactment of this Act'' and inserting ``December 5, 2022''; (B) in paragraph (1), by amending subparagraph (B) to read as follows: ``(B) to provide the electronic train consist information described in subparagraph (A) to authorized State and local first responders, emergency response officials, and law enforcement personnel that are involved in the response to, or investigation of, an accident, incident, or public health or safety emergency involving the rail transportation of hazardous materials;''; (C) by striking paragraph (2); (D) by redesignating paragraphs (3), (4), (5), (6), and (7) as paragraphs (2), (3), (4), (5), and (6), respectively; and (E) in paragraph (3), as redesignated, by striking ``paragraph (3)'' and inserting ``paragraph (2)''; (2) in subsection (b)-- (A) by striking paragraphs (1) and (4); and (B) by redesignating paragraphs (2), (3), (5), (6), and (7) as paragraphs (1), (2), (3), (4), and (5), respectively; and (3) in subsection (c), by striking ``, as described in subsection (a)(1)(B),''. [[Page 135 STAT. 884]] TITLE VII--GENERAL PROVISIONS SEC. 27001. <<NOTE: 49 USC 301 note.>> PERFORMANCE MEASUREMENT, TRANSPARENCY, AND ACCOUNTABILITY. For each grant awarded under this Act, or an amendment made by this Act, the Secretary may-- (1) develop metrics to assess the effectiveness of the activities funded by the grant; (2) establish standards for the performance of the activities funded by the grant that are based on the metrics developed under paragraph (1); and (3) not later than the date that is 4 years after the date of the initial award of the grant and every 2 years thereafter until the date on which Federal financial assistance is discontinued for the applicable activity, conduct an assessment of the activity funded by the grant to confirm whether the performance is meeting the standards for performance established under paragraph (2). SEC. 27002. COORDINATION REGARDING FORCED LABOR. The Secretary shall coordinate with the Commissioner of U.S. Customs and Border Protection to ensure that no illegal products or materials produced with forced labor are procured with funding made available under this Act. SEC. 27003. DEPARTMENT OF TRANSPORTATION SPECTRUM AUDIT. (a) Audit and Report.--Not later than 18 months after the date of enactment of this Act, the Assistant Secretary of Commerce for Communications and Information and the Secretary shall jointly-- (1) conduct an audit of the electromagnetic spectrum that is assigned or otherwise allocated to the Department as of the date of the audit; and (2) submit to Congress, and make available to each Member of Congress upon request, a report containing the results of the audit conducted under paragraph (1). (b) Contents of Report.--The Assistant Secretary of Commerce for Communications and Information and the Secretary shall include in the report submitted under subsection (a)(2), with respect to the electromagnetic spectrum that is assigned or otherwise allocated to the Department as of the date of the audit-- (1) each particular band of spectrum being used by the Department; (2) a description of each purpose for which a particular band described in paragraph (1) is being used, and how much of the band is being used for that purpose; (3) the State or other geographic area in which a particular band described in paragraph (1) is assigned or allocated for use; (4) whether a particular band described in paragraph (1) is used exclusively by the Department or shared with another Federal entity or a non-Federal entity; and (5) any portion of the spectrum that is not being used by the Department. (c) Form of Report.--The report required under subsection (a)(2) shall be submitted in unclassified form but may include a classified annex. [[Page 135 STAT. 885]] SEC. 27004. STUDY AND REPORTS ON THE TRAVEL AND TOURISM ACTIVITIES OF THE DEPARTMENT. (a) Study.-- (1) In general.--The Secretary shall conduct a study (referred to in this section as the ``study'') on the travel and tourism activities within the Department. (2) Requirement.--The study shall evaluate how the Department evaluates travel and tourism needs or criteria in considering applications for grants under the grant programs of the Department. (b) Report of the Secretary.--Not later than 1 year after the date of enactment of this Act, the Secretary shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on the results of the study, which shall include-- (1) an identification of how the Department currently evaluates travel and tourism needs or criteria in considering applications for grants under the grant programs of the Department; (2) a description of any actions that the Department will take to improve the evaluation of tourism- and travel-related criteria in considering applications for grants under those grant programs; and (3) <<NOTE: Recommenda- tions.>> recommendations as to any statutory or regulatory changes that may be required to enhance the consideration by the Department of travel and tourism needs or criteria in considering applications for grants under those grant programs. (c) GAO Assessment and Report.-- (1) Assessment.--The Comptroller General of the United States shall conduct an assessment of the existing resources of the Department used to conduct travel- and tourism-related activities, including the consideration of travel and tourism needs or criteria in considering applications for grants under the grant programs of the Department, in order to identify-- (A) any resources needed by the Department; and (B) any barriers to carrying out those activities. (2) <<NOTE: Assessments.>> Report.--Not later than 18 months after the date of enactment of this Act, the Comptroller General of the United States shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on the assessment conducted under paragraph (1), which shall include-- (A) <<NOTE: Recommenda- tions.>> recommendations for improving the evaluation and consideration by the Department of travel and tourism with respect to the discretionary grant programs of the Department; (B) an assessment of the resources needed to carry out the tourism- and travel-related activities of the Department; (C) an assessment of any barriers to carrying out activities relating to travel and tourism; and (D) <<NOTE: Recommenda- tions.>> recommendations for improving the ability of the Department to carry out activities relating to travel and [[Page 135 STAT. 886]] tourism, which may include proposed statutory or regulatory changes that may be needed to facilitate those activities. TITLE VIII--SPORT FISH RESTORATION AND RECREATIONAL BOATING SAFETY SEC. 28001. SPORT FISH RESTORATION AND RECREATIONAL BOATING SAFETY. (a) Division of Annual Appropriations.-- (1) In general.--Section 4 of the Dingell-Johnson Sport Fish Restoration Act (16 U.S.C. 777c) is amended-- (A) in subsection (a), by striking ``2021'' and inserting ``2026''; (B) in subsection (b)-- (i) in paragraph (1)-- (I) in subparagraph (A), by striking ``2021'' and inserting ``2026''; and (II) by striking subparagraph (B) and inserting the following: ``(B) Available amounts.--The available amount referred to in subparagraph (A) is-- ``(i) for the fiscal year that includes the date of enactment of the Surface Transportation Reauthorization Act of 2021, the sum obtained by adding-- ``(I) the available amount specified in this subparagraph for the preceding fiscal year; and ``(II) $979,500; and ``(ii) for each fiscal year thereafter, the sum obtained by adding-- ``(I) the available amount specified in this subparagraph for the preceding fiscal year; and ``(II) the product obtained by multiplying-- ``(aa) the available amount specified in this subparagraph for the preceding fiscal year; and ``(bb) the change, relative to the preceding fiscal year, in the Consumer Price Index for All Urban Consumers published by the Department of Labor.''; and (ii) in paragraph (2)-- (I) in subparagraph (A), by striking ``2016 through 2021'' and inserting ``2022 through 2026''; and (II) by striking subparagraph (B) and inserting the following: ``(B) Available amounts.--The available amount referred to in subparagraph (A) is-- ``(i) for fiscal year 2022, $12,786,434; and ``(ii) for fiscal year 2023 and each fiscal year thereafter, the sum obtained by adding-- ``(I) the available amount specified in this subparagraph for the preceding fiscal year; and ``(II) the product obtained by multiplying-- [[Page 135 STAT. 887]] ``(aa) the available amount specified in this subparagraph for the preceding fiscal year; and ``(bb) the change, relative to the preceding fiscal year, in the Consumer Price Index for All Urban Consumers published by the Department of Labor.''; and (C) in subsection (e)(2), by striking ``$900,000'' and inserting ``$1,300,000''. (2) Administration.--Section 9(a) of the Dingell-Johnson Sport Fish Restoration Act (16 U.S.C. 777h(a)) is amended-- (A) by striking paragraphs (1) and (2) and inserting the following: ``(1) personnel costs of employees for the work hours of each employee spent directly administering this Act, as those hours are certified by the supervisor of the employee;''; (B) by redesignating paragraphs (3) through (12) as paragraphs (2) through (11), respectively; (C) in paragraph (2) (as so redesignated), by striking ``paragraphs (1) and (2)'' and inserting ``paragraph (1)''; (D) in paragraph (4)(B) (as so redesignated), by striking ``full-time equivalent employee authorized under paragraphs (1) and (2)'' and inserting ``employee authorized under paragraph (1)''; (E) in paragraph (8)(A) (as so redesignated), by striking ``on a full-time basis''; and (F) in paragraph (10) (as so redesignated)-- (i) by inserting ``or part-time'' after ``full-time''; and (ii) by inserting ``, subject to the condition that the percentage of the relocation expenses paid with funds made available pursuant to this Act may not exceed the percentage of the work hours of the employee that are spent administering this Act'' after ``incurred''. (3) Other activities.--Section 14(e) of the Dingell-Johnson Sport Fish Restoration Act (16 U.S.C. 777m(e)) is amended by adding at the end the following: ``(3) A portion, as determined by the Sport Fishing and Boating Partnership Council, of funds disbursed for the purposes described in paragraph (2) but remaining unobligated as of October 1, 2021, shall be used to study the impact of derelict vessels and identify recyclable solutions for recreational vessels.''. (4) Recreational boating safety.--Section 13107(c)(2) of title 46, United States Code, is amended by striking ``No funds available'' and inserting ``On or after October 1, 2024, no funds available''. (b) Wildlife Restoration Fund Administration.-- (1) Allocation and apportionment of available amounts.-- Section 4(a) of the Pittman-Robertson Wildlife Restoration Act (16 U.S.C. 669c(a)) is amended-- (A) in paragraph (1), by striking subparagraph (B) and inserting the following: ``(B) Available amounts.--The available amount referred to in subparagraph (A) is-- [[Page 135 STAT. 888]] ``(i) for the fiscal year that includes the date of enactment of the Surface Transportation Reauthorization Act of 2021, the sum obtained by adding-- ``(I) the available amount specified in this subparagraph for the preceding fiscal year; and ``(II) $979,500; and ``(ii) for each fiscal year thereafter, the sum obtained by adding-- ``(I) the available amount specified in this subparagraph for the preceding fiscal year; and ``(II) the product obtained by multiplying-- ``(aa) the available amount specified in this subparagraph for the preceding fiscal year; and ``(bb) the change, relative to the preceding fiscal year, in the Consumer Price Index for All Urban Consumers published by the Department of Labor.''; and (B) in paragraph (2)-- (i) in subparagraph (A), by inserting ``subsequent'' before ``fiscal year.''; and (ii) by striking subparagraph (B) and inserting the following: ``(B) Apportionment of unobligated amounts.-- ``(i) <<NOTE: Deadline.>> In general.--Not later than 60 days after the end of a fiscal year, the Secretary of the Interior shall apportion among the States any of the available amount under paragraph (1) that remained available for obligation pursuant to subparagraph (A) during that fiscal year and remains unobligated at the end of that fiscal year. ``(ii) Requirement.--The available amount apportioned under clause (i) shall be apportioned on the same basis and in the same manner as other amounts made available under this Act were apportioned among the States for the fiscal year in which the amount was originally made available.''. (2) Authorized expenses for administration.--Section 9(a) of the Pittman-Robertson Wildlife Restoration Act (16 U.S.C. 669h(a)) is amended-- (A) by striking paragraphs (1) and (2) and inserting the following: ``(1) personnel costs of employees for the work hours of each employee spent directly administering this Act, as those hours are certified by the supervisor of the employee;''; (B) by redesignating paragraphs (3) through (12) as paragraphs (2) through (11), respectively; (C) in paragraph (2) (as so redesignated), by striking ``paragraphs (1) and (2)'' and inserting ``paragraph (1)''; (D) in paragraph (4)(B) (as so redesignated), by striking ``full-time equivalent employee authorized under paragraphs (1) and (2)'' and inserting ``employee authorized under paragraph (1)''; (E) in paragraph (8)(A) (as so redesignated), by striking ``on a full-time basis''; and (F) in paragraph (10) (as so redesignated)-- (i) by inserting ``or part-time'' after ``full-time''; and [[Page 135 STAT. 889]] (ii) by inserting ``, subject to the condition that the percentage of the relocation expenses paid with funds made available pursuant to this Act may not exceed the percentage of the work hours of the employee that are spent administering this Act'' after ``incurred''. (c) Recreational Boating Access.-- (1) <<NOTE: Reports.>> In general.--Not later than 1 year after the date of enactment of this Act, the Comptroller General of the United States shall submit to the Sport Fishing and Boating Partnership Council, the Committee on Natural Resources and the Committee on Transportation and Infrastructure of the House of Representatives, and the Committee on Commerce, Science, and Transportation and the Committee on Environment and Public Works of the Senate a report that, to the extent practicable, given available data, shall document-- (A) the use of nonmotorized vessels in each State and how the increased use of nonmotorized vessels is impacting motorized and nonmotorized vessel access; (B) user conflicts at waterway access points; and (C) the use of-- (i) Sport Fish Restoration Program funds to improve nonmotorized access at waterway entry points and the reasons for providing that access; and (ii) Recreational Boating Safety Program funds for nonmotorized boating safety programs. (2) Consultation.--The Comptroller General of the United States shall consult with the Sport Fishing and Boating Partnership Council and the National Boating Safety Advisory Council on study design, scope, and priorities for the report under paragraph (1). (d) Sport Fishing and Boating Partnership Council.-- (1) <<NOTE: 16 USC 1801 note.>> In general.--The Sport Fishing and Boating Partnership Council established by the Secretary of the Interior shall be an advisory committee of the Department of the Interior and the Department of Commerce subject to the Federal Advisory Committee Act (5 U.S.C. App.). (2) FACA.-- The Secretary of the Interior and the Secretary of Commerce shall jointly carry out the requirements of the Federal Advisory Committee Act (5 U.S.C. App.) with respect to the Sport Fishing and Boating Partnership Council described in paragraph (1). (3) Effective date.--This subsection shall take effect on January 1, 2023. DIVISION C--TRANSIT SEC. 30001. DEFINITIONS. (a) In General.--Section 5302 of title 49, United States Code, is amended-- (1) by redesignating paragraphs (1) through (24) as paragraphs (2), (3), (4), (5), (6), (7), (8), (9), (10), (11), (12), (13), (14), (15), (16), (17), (18), (19), (20), (21), (22), (23), (24), and (25), respectively; and (2) by inserting before paragraph (2) (as so redesignated) the following: [[Page 135 STAT. 890]] ``(1) Assault on a transit worker.--The term `assault on a transit worker' means a circumstance in which an individual knowingly, without lawful authority or permission, and with intent to endanger the safety of any individual, or with a reckless disregard for the safety of human life, interferes with, disables, or incapacitates a transit worker while the transit worker is performing the duties of the transit worker.''; and (3) in subparagraph (G) of paragraph (4) (as so redesignated)-- (A) by redesignating clauses (iv) and (v) as clauses (v) and (vi), respectively; (B) by inserting after clause (iii) the following: ``(iv) provides that if equipment to fuel privately owned zero-emission passenger vehicles is installed, the recipient of assistance under this chapter shall collect fees from users of the equipment in order to recover the costs of construction, maintenance, and operation of the equipment;''; (C) in clause (vi) (as so redesignated)-- (i) in subclause (XIII), by striking ``and'' at the end; (ii) in subclause (XIV), by adding ``and'' after the semicolon; and (iii) by adding at the end the following: ``(XV) technology to fuel a zero- emission vehicle;''. (b) Conforming Amendments.-- (1) Section 601(a)(12)(E) of title 23, United States Code, is amended by striking ``section 5302(3)(G)(v)'' and inserting ``section 5302(4)(G)(v)''. (2) Section 5323(e)(3) of title 49, United States Code, is amended by striking ``section 5302(3)(J)'' and inserting ``section 5302(4)(J)''. (3) Section 5336(e) of title 49, United States Code, is amended by striking ``, as defined in section 5302(4)''. (4) Section 28501(4) of title 49, United States Code, is amended by striking ``section 5302(a)(6)'' and inserting ``section 5302''. SEC. 30002. METROPOLITAN TRANSPORTATION PLANNING. (a) In General.--Section 5303 of title 49, United States Code, is amended-- (1) in subsection (a)(1), by inserting ``and better connect housing and employment'' after ``urbanized areas''; (2) in subsection (g)(3)(A), by inserting ``housing,'' after ``economic development,''; (3) in subsection (h)(1)(E), by inserting ``, housing,'' after ``growth''; (4) in subsection (i)-- (A) in paragraph (4)(B)-- (i) by redesignating clauses (iii) through (vi) as clauses (iv) through (vii), respectively; and (ii) by inserting after clause (ii) the following: ``(iii) assumed distribution of population and housing;''; and [[Page 135 STAT. 891]] (B) in paragraph (6)(A), by inserting ``affordable housing organizations,'' after ``disabled,''; and (5) in subsection (k)-- (A) by redesignating paragraphs (4) and (5) as paragraphs (5) and (6), respectively; and (B) by inserting after paragraph (3) the following: ``(4) Housing coordination process.-- ``(A) In general.--Within a metropolitan planning area serving a transportation management area, the transportation planning process under this section may address the integration of housing, transportation, and economic development strategies through a process that provides for effective integration, based on a cooperatively developed and implemented strategy, of new and existing transportation facilities eligible for funding under this chapter and title 23. ``(B) Coordination in integrated planning process.-- In carrying out the process described in subparagraph (A), a metropolitan planning organization may-- ``(i) <<NOTE: Consultation.>> consult with-- ``(I) State and local entities responsible for land use, economic development, housing, management of road networks, or public transportation; and ``(II) other appropriate public or private entities; and ``(ii) coordinate, to the extent practicable, with applicable State and local entities to align the goals of the process with the goals of any comprehensive housing affordability strategies established within the metropolitan planning area pursuant to section 105 of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 12705) and plans developed under section 5A of the United States Housing Act of 1937 (42 U.S.C. 1437c-1). ``(C) Housing coordination plan.-- ``(i) In general.--A metropolitan planning organization serving a transportation management area may develop a housing coordination plan that includes projects and strategies that may be considered in the metropolitan transportation plan of the metropolitan planning organization. ``(ii) Contents.--A plan described in clause (i) may-- ``(I) develop regional goals for the integration of housing, transportation, and economic development strategies to-- ``(aa) better connect housing and employment while mitigating commuting times; ``(bb) align transportation improvements with housing needs, such as housing supply shortages, and proposed housing development; ``(cc) align planning for housing and transportation to address needs in relationship to household incomes within the metropolitan planning area; ``(dd) expand housing and economic development within the catchment areas of [[Page 135 STAT. 892]] existing transportation facilities and public transportation services when appropriate, including higher- density development, as locally determined; ``(ee) manage effects of growth of vehicle miles traveled experienced in the metropolitan planning area related to housing development and economic development; ``(ff) increase share of households with sufficient and affordable access to the transportation networks of the metropolitan planning area; ``(II) identify the location of existing and planned housing and employment, and transportation options that connect housing and employment; and ``(III) include a comparison of transportation plans to land use management plans, including zoning plans, that may affect road use, public transportation ridership and housing development.''. (b) Additional Consideration and Coordination.--Section 5303 of title 49, United States Code, is amended-- (1) in subsection (d)-- (A) in paragraph (3), by adding at the end the following: ``(D) Considerations.--In designating officials or representatives under paragraph (2) for the first time, subject to the bylaws or enabling statute of the metropolitan planning organization, the metropolitan planning organization shall consider the equitable and proportional representation of the population of the metropolitan planning area.''; and (B) in paragraph (7)-- (i) by striking ``an existing metropolitan planning area'' and inserting ``an existing urbanized area (as defined by the Bureau of the Census)''; and (ii) by striking ``the existing metropolitan planning area'' and inserting ``the area''; (2) in subsection (g)-- (A) in paragraph (1), by striking ``a metropolitan area'' and inserting ``an urbanized area (as defined by the Bureau of the Census)''; and (B) by adding at the end the following: ``(4) Coordination between mpos.--If more than 1 metropolitan planning organization is designated within an urbanized area (as defined by the Bureau of the Census) under subsection (d)(7), the metropolitan planning organizations designated within the area shall ensure, to the maximum extent practicable, the consistency of any data used in the planning process, including information used in forecasting travel demand. ``(5) Savings clause.--Nothing in this subsection requires metropolitan planning organizations designated within a single urbanized area to jointly develop planning documents, including a unified long-range transportation plan or unified TIP.''; (3) in subsection (i)(6), by adding at the end the following: [[Page 135 STAT. 893]] ``(D) Use of technology.--A metropolitan planning organization may use social media and other web-based tools-- ``(i) to further encourage public participation; and ``(ii) to solicit public feedback during the transportation planning process.''; and (4) in subsection (p), by striking ``section 104(b)(5)'' and inserting ``section 104(b)(6)''. SEC. 30003. STATEWIDE AND NONMETROPOLITAN TRANSPORTATION PLANNING. (a) Technical Amendments.--Section 5304 of title 49, United States Code, is amended-- (1) in subsection (e), in the matter preceding paragraph (1), by striking the quotation marks before ``In''; and (2) in subsection (i), by striking ``this this'' and inserting ``this''. (b) Use of Technology.--Section 5304(f)(3) of title 49, United States Code, is amended by adding at the end the following: ``(C) Use of technology.--A State may use social media and other web-based tools-- ``(i) to further encourage public participation; and ``(ii) to solicit public feedback during the transportation planning process.''. SEC. 30004. PLANNING PROGRAMS. Section 5305 of title 49, United States Code, is amended-- (1) in subsection (e)(1)(A), in the matter preceding clause (i), by striking ``this section and section'' and inserting ``this section and sections''; and (2) by striking subsection (f) and inserting the following: ``(f) Government Share of Costs.-- ``(1) <<NOTE: Determination.>> In general.--Except as provided in paragraph (2), the Government share of the cost of an activity funded using amounts made available under this section may not exceed 80 percent of the cost of the activity unless the Secretary determines that it is in the interests of the Government-- ``(A) not to require a State or local match; or ``(B) to allow a Government share greater than 80 percent. ``(2) Certain activities.-- ``(A) In general.--The Government share of the cost of an activity funded using amounts made available under this section shall be not less than 90 percent for an activity that assists parts of an urbanized area or rural area with lower population density or lower average income levels compared to-- ``(i) the applicable urbanized area; ``(ii) the applicable rural area; ``(iii) an adjoining urbanized area; or ``(iv) an adjoining rural area. ``(B) <<NOTE: Determination.>> Report.--A State or metropolitan planning organization that carries out an activity described in subparagraph (A) with an increased Government share described in that subparagraph shall report to the Secretary, in a form as determined by the Secretary, how the increased Government share for transportation planning activities benefits commuting and other essential [[Page 135 STAT. 894]] travel in parts of the applicable urbanized area or rural area described in subparagraph (A) with lower population density or lower average income levels.''. SEC. 30005. FIXED GUIDEWAY CAPITAL INVESTMENT GRANTS. (a) In General.--Section 5309 of title 49, United States Code, is amended-- (1) in subsection (a)-- (A) by striking paragraph (6); (B) by redesignating paragraph (7) as paragraph (6); and (C) in paragraph (6) (as so redesignated)-- (i) in subparagraph (A), by striking ``$100,000,000'' and inserting ``$150,000,000''; and (ii) in subparagraph (B), by striking ``$300,000,000'' and inserting ``$400,000,000''; (2) in subsection (c)(1)-- (A) in subparagraph (A), by striking ``and'' at the end; (B) in subparagraph (B)(iii), by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following: ``(C) the applicant has made progress toward meeting the performance targets in section 5326(c)(2).''; (3) in subsection (e)(2)(A)(iii)(II), by striking ``the next 5 years'' and inserting ``the next 10 years, without regard to any temporary measures employed by the applicant expected to increase short-term capacity within the next 10 years''; (4) in subsection (g)-- (A) in paragraph (3)(A), by striking ``exceed'' and all that follows through ``50 percent'' and inserting ``exceed 50 percent''; (B) by redesignating paragraph (7) as paragraph (8); and (C) by inserting after paragraph (6) the following: ``(7) Project re-entry.--In carrying out ratings and evaluations under this subsection, the Secretary shall provide full and fair consideration to projects that seek an updated rating after a period of inactivity following an earlier rating and evaluation.''; (5) in subsection (i), by striking paragraphs (1) through (8) and inserting the following: ``(1) Future bundling.-- ``(A) Definition.--In this paragraph, the term `future bundling request' means a letter described in subparagraph (B) that requests future funding for additional projects. ``(B) Request.--When an applicant submits a letter to the Secretary requesting entry of a project into the project development phase under subsection (d)(1)(A)(i)(I), (e)(1)(A)(i)(I), or (h)(2)(A)(i)(I), the applicant may include a description of other projects for consideration for future funding under this section. An applicant shall include in the request the amount of funding requested under this section for each additional project and the estimated capital cost of each project. ``(C) <<NOTE: Time period.>> Readiness.--Other projects included in the request shall be ready to enter the project development phase under subsection (d)(1)(A), (e)(1)(A), or (h)(2)(A), [[Page 135 STAT. 895]] within 5 years of the initial project submitted as part of the request. ``(D) Planning.--Projects in the future bundling request shall be included in the metropolitan transportation plan in accordance with section 5303(i). ``(E) Project sponsor.--The applicant that submits a future bundling request shall be the project sponsor for each project included in the request. ``(F) Program and project share.--A future bundling request submitted under this paragraph shall include a proposed share of each of the request's projects that is consistent with the requirements of subsections (k)(2)(C)(ii) or (h)(7), as applicable. ``(G) Benefits.--The bundling of projects under this subsection-- ``(i) shall enhance, or increase the capacity of-- ``(I) the total transportation system of the applicant; or ``(II) the transportation system of the region the applicant serves (which, in the case of a State whose request addresses a single region, means that region); and ``(ii) shall-- ``(I) streamline procurements for the applicant; or ``(II) enable time or cost savings for the projects. ``(H) Evaluation.--Each project submitted for consideration for funding in a future bundling request shall be subject to the applicable evaluation criteria under this section for the project type, including demonstrating the availability of local resources to recapitalize, maintain, and operate the overall existing and proposed public transportation system pursuant to subsection (f)(1)(C). ``(I) Letter of intent.-- ``(i) In general.--Upon entering into a grant agreement for the initial project for which an applicant submits a future bundling request, the Secretary may issue a letter of intent to the applicant that announces an intention to obligate, for 1 or more additional projects included in the request, an amount from future available budget authority specified in law that is not more than the amount stipulated as the financial participation of the Secretary in the additional project or projects in the future bundling. Such letter may include a condition that the project or projects must meet the evaluation criteria in this subsection before a grant agreement can be executed. ``(ii) Amount.--The amount that the Secretary announces an intention to obligate for an additional project in the future bundling request through a letter of intent issued under clause (i) shall be sufficient to complete at least an operable segment of the project. ``(iii) Treatment.--The issuance of a letter of intent under clause (i) shall not be deemed to be an obligation under sections 1108(c), 1501, and 1502(a) of title 31 or an administrative commitment. [[Page 135 STAT. 896]] ``(2) Immediate bundling.-- ``(A) Definition.--In this paragraph, the term `immediate bundling request' means a letter described in subparagraph (B) that requests immediate funding for multiple projects. ``(B) Request.--An applicant may submit a letter to the Secretary requesting entry of multiple projects into the project development phase under subsection (d)(1)(A)(i)(I), (e)(1)(A)(i)(I), or (h)(2)(A)(i)(I), for consideration for funding under this section. An applicant shall include in the request the amount of funding requested under this section for each additional project and the estimated capital cost of each project. ``(C) Readiness.--Projects included in the request must be ready to enter the project development phase under subsection (d)(1)(A), (e)(1)(A), or (h)(2)(A) at the same time. ``(D) Planning.--Projects in the bundle shall be included in the metropolitan transportation plan in accordance with section 5303(i). ``(E) Project sponsor.--The applicant that submits an immediate bundling request shall be the project sponsor for each project included in the request. ``(F) Program and project share.--An immediate bundling request submitted under this subsection shall include a proposed share of each of the request's projects that is consistent with the requirements of subsections (k)(2)(C)(ii) or (h)(7), as applicable. ``(G) Benefits.--The bundling of projects under this subsection-- ``(i) shall enhance, or increase the capacity of-- ``(I) the total transportation system of the applicant; or ``(II) the transportation system of the region the applicant serves (which, in the case of a State whose request addresses a single region, means that region); and ``(ii) shall-- ``(I) streamline procurements for the applicant; or ``(II) enable time or cost savings for the projects. ``(H) Evaluation.--A project submitted for consideration for immediate funding in an immediate bundling request shall be subject to the applicable evaluation criteria under this section for the project type, including demonstrating the availability of local resources to recapitalize, maintain, and operate the overall existing and proposed public transportation system pursuant to subsection (f)(1)(C). ``(I) Letter of intent or single grant agreement.-- ``(i) In general.--Upon entering into a grant agreement for the initial project for which an applicant submits a request, the Secretary may issue a letter of intent or single, combined grant agreement to the applicant. ``(ii) Letter of intent.-- [[Page 135 STAT. 897]] ``(I) In general.--A letter of intent announces an intention to obligate, for 1 or more additional projects included in the request, an amount from future available budget authority specified in law that is not more than the amount stipulated as the financial participation of the Secretary in the additional project or projects. Such letter may include a condition that the project or projects must meet the evaluation criteria in this subsection before a grant agreement can be executed. ``(II) Amount.--The amount that the Secretary announces an intention to obligate for an additional project in a letter of intent issued under clause (i) shall be sufficient to complete at least an operable segment of the project. ``(III) Treatment.--The issuance of a letter of intent under clause (i) shall not be deemed to be an obligation under sections 1108(c), 1501, and 1502(a) of title 31 or an administrative commitment. ``(3) Evaluation criteria.--When the Secretary issues rules or policy guidance under this section, the Secretary may request comment from the public regarding potential changes to the evaluation criteria for project justification and local financial commitment under subsections (d), (e), (f), and (h) for the purposes of streamlining the evaluation process for projects included in a future bundling request or an immediate bundling request, including changes to enable simultaneous evaluation of multiple projects under 1 or more evaluation criteria. Notwithstanding paragraphs (1)(H) and (2)(H), such criteria may be utilized for projects included in a future bundling request or an immediate bundling request under this subsection upon promulgation of the applicable rule or policy guidance. ``(4) Grant agreements.-- ``(A) New start and core capacity improvement projects.--A new start project or core capacity improvement project in an immediate bundling request or future bundling request shall be carried out through a full funding grant agreement or expedited grant agreement pursuant to subsection (k)(2). ``(B) Small start.--A small start project shall be carried out through a grant agreement pursuant to subsection (h)(7). ``(C) Requirement.--A combined grant agreement described in paragraph (2)(I)(i) shall-- ``(i) include only projects in an immediate future bundling request that are ready to receive a grant agreement under this section, ``(ii) be carried out through a full funding grant agreement or expedited grant agreement pursuant to subsection (k)(2) for the included projects, if a project seeking assistance under the combined grant agreement is a new start project or core capacity improvement project; and ``(iii) be carried out through a grant agreement pursuant to subsection (h)(7) for the included projects, [[Page 135 STAT. 898]] if the projects seeking assistance under the combined grant agreement consist entirely of small start projects. ``(D) Savings provision.--The use of a combined grant agreement shall not waive or amend applicable evaluation criteria under this section for projects included in the combined grant agreement.''; (6) in subsection (k)-- (A) in paragraph (2)(E)-- (i) by striking ``(E) Before and after study.--'' and all that follows through ``(I) Submission of plan.--'' and inserting the following: ``(E) Information collection and analysis plan.-- ``(i) Submission of plan.--''; (ii) by redesignating subclause (II) of clause (i) (as so designated) as clause (ii), and adjusting the margin accordingly; and (iii) in clause (ii) (as so redesignated)-- (I) by redesignating items (aa) through (dd) as subclauses (I) through (IV), respectively, and adjusting the margins accordingly; and (II) in the matter preceding subclause (I) (as so redesignated), by striking ``subclause (I)'' and inserting ``clause (i)''; and (B) in paragraph (5), by striking ``At least 30'' and inserting ``Not later than 15''; (7) in subsection (o)-- (A) by striking paragraph (2); (B) by redesignating paragraph (3) as paragraph (2); and (C) in paragraph (2) (as so redesignated)-- (i) in subparagraph (A)-- (I) in the matter preceding clause (i), by striking ``of'' and inserting ``that''; (II) by redesignating clauses (i) and (ii) as subclauses (I) and (II), respectively, and adjusting the margins accordingly; (III) by inserting before subclause (I) (as so redesignated), the following: ``(i) assesses--''; (IV) in clause (i) (as so designated)-- (aa) in subclause (I) (as so redesignated), by striking ``new fixed guideway capital projects and core capacity improvement projects'' and inserting ``all new fixed guideway capital projects and core capacity improvement projects for grant agreements under this section and section 3005(b) of the Federal Public Transportation Act of 2015 (49 U.S.C. 5309 note; Public Law 114-94)''; and (bb) in subclause (II) (as so redesignated), by striking ``and'' at the end; and (V) by adding at the end the following: ``(ii) includes, with respect to projects that entered into revenue service since the previous biennial review-- [[Page 135 STAT. 899]] ``(I) a description and analysis of the impacts of the projects on public transportation services and public transportation ridership; ``(II) a description and analysis of the consistency of predicted and actual benefits and costs of the innovative project development and delivery methods of, or innovative financing for, the projects; and ``(III) an identification of the reasons for any differences between predicted and actual outcomes for the projects; and ``(iii) in conducting the review under clause (ii), incorporates information from the plans submitted by applicants under subsection (k)(2)(E)(i); and''; and (ii) in subparagraph (B), by striking ``each year'' and inserting ``the applicable year''; and (8) by adding at the end the following: ``(r) Capital Investment Grant Dashboard.-- ``(1) <<NOTE: Public information. Web posting.>> In general.--The Secretary shall make publicly available in an easily identifiable location on the website of the Department of Transportation a dashboard containing the following information for each project seeking a grant agreement under this section: ``(A) Project name. ``(B) Project sponsor. ``(C) City or urbanized area and State in which the project will be located. ``(D) Project type. ``(E) Project mode. ``(F) Project length and number of stops, including length of exclusive bus rapid transit lanes, if applicable. ``(G) Anticipated total project cost. ``(H) Anticipated share of project costs to be sought under this section. ``(I) Date of compliance with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). ``(J) Date on which the project entered the project development phase. ``(K) Date on which the project entered the engineering phase, if applicable. ``(L) Date on which a Letter of No Prejudice was requested, and date on which a Letter of No Prejudice was issued or denied, if applicable. ``(M) Date of the applicant's most recent project ratings, including date of request for updated ratings, if applicable. ``(N) Status of the project sponsor in securing non- Federal matching funds. ``(O) Date on which a project grant agreement is anticipated to be executed. ``(2) Updates.--The Secretary shall update the information provided under paragraph (1) not less frequently than monthly. ``(3) <<NOTE: Public information. Web posting.>> Project profiles.--The Secretary shall continue to make profiles for projects that have applied for or are receiving assistance under this section publicly available in an easily identifiable location on the website of the Department of Transportation, in the same manner as the Secretary did as of the day before the date of enactment of this subsection.''. [[Page 135 STAT. 900]] (b) Expedited Project Delivery for Capital Investment Grants Pilot Program.--Section 3005(b) of the Federal Public Transportation Act of 2015 (49 U.S.C. 5309 note; Public Law 114-94) is amended-- (1) in paragraph (1)(I)-- (A) in clause (i), by striking ``$75,000,000'' and inserting ``$150,000,000''; and (B) in clause (ii), by striking ``$300,000,000'' and inserting ``$400,000,000''; (2) in paragraph (8)(D)(i), by striking ``30 days'' and inserting ``15 days''; (3) by striking paragraph (12); and (4) by redesignating paragraph (13) as paragraph (12). SEC. 30006. FORMULA GRANTS FOR RURAL AREAS. Section 5311 of title 49, United States Code, is amended-- (1) in subsection (c)-- (A) by redesignating paragraphs (2) and (3) as paragraphs (3) and (4), respectively; (B) by striking paragraph (1) and inserting the following: ``(1) In general.--Of the amounts made available or appropriated for each fiscal year pursuant to section 5338(a)(2)(F) to carry out this section-- ``(A) an amount equal to 5 percent shall be available to carry out paragraph (2); and ``(B) 3 percent shall be available to carry out paragraph (3). ``(2) Public transportation on indian reservations.-- For <<NOTE: Apportionment.>> each fiscal year, the amounts made available under paragraph (1)(A) shall be apportioned for grants to Indian tribes for any purpose eligible under this section, under such terms and conditions as may be established by the Secretary, of which-- ``(A) 20 percent shall be distributed by the Secretary on a competitive basis; and ``(B) 80 percent shall be apportioned as formula grants as provided in subsection (j).''; and (2) in subsection (j)(1)(A), in the matter preceding clause (i), by striking ``subsection (c)(1)(B)'' and inserting ``subsection (c)(2)(B)''. SEC. 30007. PUBLIC TRANSPORTATION INNOVATION. (a) In General.--Section 5312 of title 49, United States Code, is amended-- (1) by striking the first subsection designated as subsection (g), relating to annual reports on research, as so designated by section 3008(a)(6)(A) of the FAST Act (Public Law 114-94; 129 Stat. 1468) and inserting the following: ``(f) Annual Report on Research.-- ``(1) <<NOTE: Public information. Web posting.>> In general.--Not later than the first Monday in February of each year, the Secretary shall make available to the public on the Web site of the Department of Transportation, a report that includes-- ``(A) a description of each project that received assistance under this section during the preceding fiscal year; [[Page 135 STAT. 901]] ``(B) <<NOTE: Evaluation.>> an evaluation of each project described in paragraph (1), including any evaluation conducted under subsection (e)(4) for the preceding fiscal year; and ``(C) <<NOTE: Proposal.>> a strategic research roadmap proposal for allocations of amounts for assistance under this section for the current and subsequent fiscal year, including anticipated work areas, proposed demonstrations and strategic partnership opportunities; ``(2) <<NOTE: Time period. Web posting.>> Updates.--Not less than every 3 months, the Secretary shall update on the Web site of the Department of Transportation the information described in paragraph (1)(C) to reflect any changes to the Secretary's plans to make assistance available under this section. ``(3) Long-term research plans.--The Secretary is encouraged to develop long-term research plans and shall identify in the annual report under paragraph (1) and in updates under paragraph (2) allocations of amounts for assistance and notices of funding opportunities to execute long-term strategic research roadmap plans.''; (2) in paragraph (1) of subsection (g), relating to Government share of costs, by striking the period at the end and inserting ``, except that if there is substantial public interest or benefit, the Secretary may approve a greater Federal share.''; and (3) in subsection (h)-- (A) in paragraph (2)-- (i) by striking subparagraph (A) and inserting the following: ``(A) In general.--The Secretary shall competitively select at least 1 facility-- ``(i) to conduct testing, evaluation, and analysis of low or no emission vehicle components intended for use in low or no emission vehicles; and ``(ii) to conduct directed technology research.''; (ii) by striking subparagraph (B) and inserting the following: ``(B) Testing, evaluation, and analysis.-- ``(i) <<NOTE: Contracts.>> In general.--The Secretary shall enter into a contract or cooperative agreement with, or make a grant to, at least 1 institution of higher education to operate and maintain a facility to conduct testing, evaluation, and analysis of low or no emission vehicle components, and new and emerging technology components, intended for use in low or no emission vehicles. ``(ii) Requirements.--An institution of higher education described in clause (i) shall have-- ``(I) capacity to carry out transportation-related advanced component and vehicle evaluation; ``(II) laboratories capable of testing and evaluation; and ``(III) direct access to or a partnership with a testing facility capable of emulating real-world circumstances in order to test low or no emission vehicle components installed on the intended vehicle.''; and (iii) by adding at the end the following: [[Page 135 STAT. 902]] ``(H) Capital equipment and directed research.--A facility operated and maintained under subparagraph (A) may use funds made available under this subsection for-- ``(i) acquisition of equipment and capital projects related to testing low or no emission vehicle components; or ``(ii) research related to advanced vehicle technologies that provides advancements to the entire public transportation industry. ``(I) Cost share.--The cost share for activities described in subparagraph (H) shall be subject to the terms in subsection (g).''; and (B) in paragraph (3), by inserting ``, as applicable'' before the period at the end. (b) <<NOTE: 49 USC 5312 note.>> Low or No Emission Vehicle Component Assessment.-- (1) In general.--Institutions of higher education selected to operate and maintain a facility to conduct testing, evaluation, and analysis of low or no emission vehicle components pursuant to section 5312(h) of title 49, United States Code, shall not carry out testing for a new bus model under section 5318 of that title. (2) Use of funds.--Funds made available to institutions of higher education described in paragraph (1) for testing under section 5318 of title 49, United States Code, may be used for eligible activities under section 5312(h) of that title. (c) Accelerated Implementation and Deployment of Advanced Digital Construction Management Systems.--Section 5312(b) of title 49, United States Code, is amended by adding at the end the following: ``(4) Accelerated implementation and deployment of advanced digital construction management systems.-- ``(A) In general.--The Secretary shall establish and implement a program under this subsection to promote, implement, deploy, demonstrate, showcase, support, and document the application of advanced digital construction management systems, practices, performance, and benefits. ``(B) Goals.--The goals of the accelerated implementation and deployment of advanced digital construction management systems program established under subparagraph (A) shall include-- ``(i) accelerated adoption of advanced digital systems applied throughout the lifecycle of transportation infrastructure (including through the planning, design and engineering, construction, operations, and maintenance phases) that-- ``(I) maximize interoperability with other systems, products, tools, or applications; ``(II) boost productivity; ``(III) manage complexity; ``(IV) reduce project delays and cost overruns; ``(V) enhance safety and quality; and ``(VI) reduce total costs for the entire lifecycle of transportation infrastructure assets; ``(ii) more timely and productive information- sharing among stakeholders through reduced reliance on paper to manage construction processes and [[Page 135 STAT. 903]] deliverables such as blueprints, design drawings, procurement and supply-chain orders, equipment logs, daily progress reports, and punch lists; ``(iii) deployment of digital management systems that enable and leverage the use of digital technologies on construction sites by contractors, such as state-of-the-art automated and connected machinery and optimized routing software that allows construction workers to perform tasks faster, safer, more accurately, and with minimal supervision; ``(iv) the development and deployment of best practices for use in digital construction management; ``(v) increased technology adoption and deployment by States, local governmental authorities, and designated recipients that enables project sponsors-- ``(I) to integrate the adoption of digital management systems and technologies in contracts; and ``(II) to weigh the cost of digitization and technology in setting project budgets; ``(vi) technology training and workforce development to build the capabilities of project managers and sponsors that enables States, local governmental authorities, or designated recipients-- ``(I) to better manage projects using advanced construction management technologies; and ``(II) to properly measure and reward technology adoption across projects; ``(vii) development of guidance to assist States, local governmental authorities, and designated recipients in updating regulations to allow project sponsors and contractors-- ``(I) <<NOTE: Reports. Data.>> to report data relating to the project in digital formats; and ``(II) to fully capture the efficiencies and benefits of advanced digital construction management systems and related technologies; ``(viii) reduction in the environmental footprint of construction projects using advanced digital construction management systems resulting from elimination of congestion through more efficient projects; and ``(ix) enhanced worker and pedestrian safety resulting from increased transparency. ``(C) Publication.--The reporting requirements for the accelerated implementation and deployment of advanced digital construction management systems program established under section 503(c)(5) of title 23 shall include data and analysis collected under this section.''. SEC. 30008. BUS TESTING FACILITIES. Section 5318 of title 49, United States Code, is amended by adding at the end the following: ``(f) Capital Equipment.--A facility operated and maintained under this section may use funds made available under this section for the acquisition of equipment and capital projects related to testing new bus models.''. [[Page 135 STAT. 904]] SEC. 30009. TRANSIT-ORIENTED DEVELOPMENT. Section 20005(b) of MAP-21 (49 U.S.C. 5303 note; Public Law 112-141) is amended-- (1) in paragraph (2), in the matter preceding subparagraph (A), by inserting ``or site-specific'' after ``comprehensive''; and (2) in paragraph (3)-- (A) in subparagraph (B), by inserting ``or a site- specific plan'' after ``comprehensive plan''; (B) in subparagraph (C), by inserting ``or the proposed site-specific plan'' after ``proposed comprehensive plan''; (C) in subparagraph (D), by inserting ``or the site- specific plan'' after ``comprehensive plan''; and (D) in subparagraph (E)(iii), by inserting ``or the site-specific plan'' after ``comprehensive plan''. SEC. 30010. GENERAL PROVISIONS. Section 5323(u) of title 49, United States Code, is amended by striking paragraph (2) and inserting the following: ``(2) Exception.--For purposes of paragraph (1), the term `otherwise related legally or financially' does not include-- ``(A) a minority relationship or investment; or ``(B) relationship with or investment in a subsidiary, joint venture, or other entity based in a country described in paragraph (1)(B) that does not export rolling stock or components of rolling stock for use in the United States.''. SEC. 30011. PUBLIC TRANSPORTATION EMERGENCY RELIEF PROGRAM. Section 5324 of title 49, United States Code, is amended by adding at the end the following: ``(f) Insurance.--Before receiving a grant under this section following an emergency, an applicant shall-- ``(1) submit to the Secretary documentation demonstrating proof of insurance required under Federal law for all structures related to the grant application; and ``(2) <<NOTE: Certification.>> certify to the Secretary that the applicant has insurance required under State law for all structures related to the grant application.''. SEC. 30012. PUBLIC TRANSPORTATION SAFETY PROGRAM. (a) In General.--Section 5329 of title 49, United States Code, is amended-- (1) in subsection (b)-- (A) in paragraph (2)-- (i) in subparagraph (A), by inserting ``, or, in the case of a recipient receiving assistance under section 5307 that is serving an urbanized area with a population of 200,000 or more, safety performance measures, including measures related to the risk reduction program under subsection (d)(1)(I), for all modes of public transportation'' after ``public transportation''; (ii) in subparagraph (C)(ii)-- (I) in subclause (I), by striking ``and'' at the end; (II) in subclause (II), by adding ``and'' at the end; and (III) by adding at the end the following: ``(III) innovations in driver assistance technologies and driver protection infrastructure, [[Page 135 STAT. 905]] where appropriate, and a reduction in visibility impairments that contribute to pedestrian fatalities;''; (iii) in subparagraph (D)(ii)(V), by striking ``and'' at the end; (iv) in subparagraph (E), by striking the period at the end and inserting ``; and''; (v) by redesignating subparagraphs (D) and (E) as subparagraphs (E) and (F), respectively; (vi) by inserting after subparagraph (C) the following: ``(D) <<NOTE: Consultation.>> in consultation with the Secretary of Health and Human Services, precautionary and reactive actions required to ensure public and personnel safety and health during an emergency (as defined in section 5324(a));''; and (vii) by adding at the end the following: ``(G) consideration, where appropriate, of performance-based and risk-based methodologies.''; and (B) by adding at the end the following: ``(3) Plan updates.--The Secretary shall update the national public transportation safety plan under paragraph (1) as necessary with respect to recipients receiving assistance under section 5307 that serve an urbanized area with a population of 200,000 or more.''; (2) in subsection (c)-- (A) by striking paragraph (2); and (B) by striking the subsection designation and heading and all that follows through ``The Secretary'' in paragraph (1) and inserting the following: ``(c) Public Transportation Safety Certification Training Program.-- The Secretary''; (3) in subsection (d)-- (A) in paragraph (1)-- (i) in the matter preceding subparagraph (A), by striking ``Effective 1 year'' and all that follows through ``each recipient'' and inserting ``Each recipient''; (ii) in subparagraph (A), by inserting ``, or, in the case of a recipient receiving assistance under section 5307 that is serving an urbanized area with a population of 200,000 or more, the safety committee of the entity established under paragraph (5), followed by the board of directors (or equivalent entity) of the recipient approve,'' after ``approve''; (iii) by redesignating subparagraphs (B) through (G) as subparagraphs (C) through (H), respectively; (iv) by inserting after subparagraph (A) the following: ``(B) for each recipient serving an urbanized area with a population of fewer than 200,000, a requirement that the agency safety plan be developed in cooperation with frontline employee representatives;''; (v) in subparagraph (D) (as so redesignated), by inserting ``, and consistent with guidelines of the Centers for Disease Control and Prevention or a State health authority, minimize exposure to infectious diseases'' after ``public, personnel, and property to hazards and unsafe conditions''; [[Page 135 STAT. 906]] (vi) by striking subparagraph (F) (as so redesignated) and inserting the following: ``(F) performance targets based on-- ``(i) the safety performance criteria and state of good repair standards established under subparagraphs (A) and (B), respectively, of subsection (b)(2); or ``(ii) in the case of a recipient receiving assistance under section 5307 that is serving an urbanized area with a population of 200,000 or more, safety performance measures established under the national public transportation safety plan, as described in subsection (b)(2)(A);''; (vii) in subparagraph (G) (as so redesignated), by striking ``and'' at the end; and (viii) by striking subparagraph (H) (as so redesignated) and inserting the following: ``(H) a comprehensive staff training program for-- ``(i) the operations personnel and personnel directly responsible for safety of the recipient that includes-- ``(I) the completion of a safety training program; and ``(II) continuing safety education and training; or ``(ii) in the case of a recipient receiving assistance under section 5307 that is serving an urbanized area with a population of 200,000 or more, the operations and maintenance personnel and personnel directly responsible for safety of the recipient that includes-- ``(I) the completion of a safety training program; ``(II) continuing safety education and training; and ``(III) de-escalation training; and ``(I) in the case of a recipient receiving assistance under section 5307 that is serving an urbanized area with a population of 200,000 or more, a risk reduction program for transit operations to improve safety by reducing the number and rates of accidents, injuries, and assaults on transit workers based on data submitted to the national transit database under section 5335, including-- ``(i) a reduction of vehicular and pedestrian accidents involving buses that includes measures to reduce visibility impairments for bus operators that contribute to accidents, including retrofits to buses in revenue service and specifications for future procurements that reduce visibility impairments; and ``(ii) the mitigation of assaults on transit workers, including the deployment of assault mitigation infrastructure and technology on buses, including barriers to restrict the unwanted entry of individuals and objects into the workstations of bus operators when a risk analysis performed by the safety committee of the recipient established under paragraph (5) determines that such barriers or other measures would reduce assaults on transit workers and injuries to transit workers.''; and [[Page 135 STAT. 907]] (B) by adding at the end the following: ``(4) Risk reduction performance targets.-- ``(A) <<NOTE: Time period.>> In general.--The safety committee of a recipient receiving assistance under section 5307 that is serving an urbanized area with a population of 200,000 or more established under paragraph (5) shall establish performance targets for the risk reduction program required under paragraph (1)(I) using a 3-year rolling average of the data submitted by the recipient to the national transit database under section 5335. ``(B) Safety set aside.--A recipient receiving assistance under section 5307 that is serving an urbanized area with a population of 200,000 or more shall allocate not less than 0.75 percent of those funds to safety-related projects eligible under section 5307. ``(C) Failure to meet performance targets.--A recipient receiving assistance under section 5307 that is serving an urbanized area with a population of 200,000 or more that does not meet the performance targets established under subparagraph (A) shall allocate the amount made available in subparagraph (B) in the following fiscal year to projects described in subparagraph (D). ``(D) Eligible projects.--Funds set aside under subparagraph (C) shall be used for projects that are reasonably likely to assist the recipient in meeting the performance targets established in subparagraph (A), including modifications to rolling stock and de- escalation training. ``(5) Safety committee.-- ``(A) In general.--For purposes of this subsection, the safety committee of a recipient shall-- ``(i) be convened by a joint labor-management process; ``(ii) consist of an equal number of-- ``(I) frontline employee representatives, selected by a labor organization representing the plurality of the frontline workforce employed by the recipient or, if applicable, a contractor to the recipient, to the extent frontline employees are represented by labor organizations; and ``(II) management representatives; and ``(iii) have, at a minimum, responsibility for-- ``(I) identifying and recommending risk-based mitigations or strategies necessary to reduce the likelihood and severity of consequences identified through the agency's safety risk assessment; ``(II) identifying mitigations or strategies that may be ineffective, inappropriate, or were not implemented as intended; and ``(III) identifying safety deficiencies for purposes of continuous improvement. ``(B) Applicability.--This paragraph applies only to a recipient receiving assistance under section 5307 that is serving an urbanized area with a population of 200,000 or more.''; (4) in subsection (e)-- (A) in paragraph (4)(A)(v), by inserting ``, inspection,'' after ``investigative''; and [[Page 135 STAT. 908]] (B) by adding at the end the following: ``(11) Effectiveness of enforcement authorities and practices.--The Secretary shall develop and disseminate to State safety oversight agencies the process and methodology that the Secretary will use to monitor the effectiveness of the enforcement authorities and practices of State safety oversight agencies.''; and (5) by striking subsection (k) and inserting the following: ``(k) Inspections.-- ``(1) Inspection access.-- ``(A) In general.--A State safety oversight program shall provide the State safety oversight agency established by the program with the authority and capability to enter the facilities of each rail fixed guideway public transportation system that the State safety oversight agency oversees to inspect infrastructure, equipment, records, personnel, and data, including the data that the rail fixed guideway public transportation agency collects when identifying and evaluating safety risks. ``(B) <<NOTE: Consultation.>> Policies and procedures.--A State safety oversight agency, in consultation with each rail fixed guideway public transportation agency that the State safety oversight agency oversees, shall establish policies and procedures regarding the access of the State safety oversight agency to conduct inspections of the rail fixed guideway public transportation system, including access for inspections that occur without advance notice to the rail fixed guideway public transportation agency. ``(2) Data collection.-- ``(A) In general.--A rail fixed guideway public transportation agency shall provide the applicable State safety oversight agency with the data that the rail fixed guideway public transportation agency collects when identifying and evaluating safety risks, in accordance with subparagraph (B). ``(B) <<NOTE: Consultation.>> Policies and procedures.--A State safety oversight agency, in consultation with each rail fixed guideway public transportation agency that the State safety oversight agency oversees, shall establish policies and procedures for collecting data described in subparagraph (A) from a rail fixed guideway public transportation agency, including with respect to frequency of collection, that is commensurate with the size and complexity of the rail fixed guideway public transportation system. ``(3) Incorporation.--Policies and procedures established under this subsection shall be incorporated into-- ``(A) the State safety oversight program standard adopted by a State safety oversight agency under section 674.27 of title 49, Code of Federal Regulations (or any successor regulation); and ``(B) the public transportation agency safety plan established by a rail fixed guideway public transportation agency under subsection (d). ``(4) Assessment by secretary.--In assessing the capability of a State safety oversight agency to conduct inspections as required under paragraph (1), the Secretary shall ensure that-- [[Page 135 STAT. 909]] ``(A) the inspection practices of the State safety oversight agency are commensurate with the number, size, and complexity of the rail fixed guideway public transportation systems that the State safety oversight agency oversees; ``(B) the inspection program of the State safety oversight agency is risk-based; and ``(C) the State safety oversight agency has sufficient resources to conduct the inspections. ``(5) Special directive.--The Secretary shall issue a special directive to each State safety oversight agency on the development and implementation of risk-based inspection programs under this subsection. ``(6) Enforcement.--The Secretary may use any authority under this section, including any enforcement action authorized under subsection (g), to ensure the compliance of a State safety oversight agency or State safety oversight program with this subsection.''. (b) Deadline; Effective Date.-- (1) <<NOTE: 49 USC 5329 note.>> Special directive on risk- based inspection programs.--Not later than 1 year after the date of enactment of this Act, the Secretary of Transportation shall issue each special directive required under section 5329(k)(5) of title 49, United States Code (as added by subsection (a)). (2) <<NOTE: 49 USC 5329 note.>> Inspection requirements.-- Section 5329(k) of title 49, United States Code (as amended by subsection (a)), shall apply with respect to a State safety oversight agency on and after the date that is 2 years after the date on which the Secretary of Transportation issues the special directive to the State safety oversight agency under paragraph (5) of that section 5329(k). (c) <<NOTE: 49 USC 5329 note.>> No Effect on Initial Certification Process.--Nothing in this section or the amendments made by this section affects the requirements for initial approval of a State safety oversight program, including the initial deadline, under section 5329(e)(3) of title 49, United States Code. SEC. 30013. ADMINISTRATIVE PROVISIONS. Section 5334(h)(4) of title 49, United States Code, is amended-- (1) by redesignating subparagraphs (B) and (C) as subparagraphs (C) and (D), respectively; and (2) by inserting after subparagraph (A) the following: ``(B) Reimbursement.-- ``(i) Fair market value of less than $5,000.-- With respect to rolling stock and equipment with a unit fair market value of $5,000 or less per unit and unused supplies with a total aggregate fair market value of $5,000 or less that was purchased using Federal financial assistance under this chapter, the rolling stock, equipment, and supplies may be retained, sold, or otherwise disposed of at the end of the service life of the rolling stock, equipment, or supplies without any obligation to reimburse the Federal Transit Administration. ``(ii) Fair market value of more than $5,000.-- ``(I) In general.--With respect to rolling stock and equipment with a unit fair market value of more than $5,000 per unit and unused supplies [[Page 135 STAT. 910]] with a total aggregate fair market value of more than $5,000 that was purchased using Federal financial assistance under this chapter, the rolling stock, equipment, and supplies may be retained or sold at the end of the service life of the rolling stock, equipment, or supplies. ``(II) Reimbursement required.--If rolling stock, equipment, or supplies described in subclause (I) is sold, of the proceeds from the sale-- ``(aa) the recipient shall retain an amount equal to the sum of-- ``(AA) $5,000; and ``(BB) of the remaining proceeds, a percentage of the amount equal to the non- Federal share expended by the recipient in making the original purchase; and ``(bb) any amounts remaining after application of item (aa) shall be returned to the Federal Transit Administration. ``(iii) Rolling stock and equipment retained.--Rolling stock, equipment, or supplies described in clause (i) or (ii) that is retained by a recipient under those clauses may be used by the recipient for other public transportation projects or programs with no obligation to reimburse the Federal Transit Administration, and no approval of the Secretary to retain that rolling stock, equipment, or supplies is required.''. SEC. 30014. NATIONAL TRANSIT DATABASE. Section 5335 of title 49, United States Code, is amended-- (1) in subsection (a), in the first sentence, by inserting ``geographic service area coverage,'' after ``operating,''; and (2) by striking subsection (c) and inserting the following: ``(c) Data Required to Be Reported.--Each recipient of a grant under this chapter shall report to the Secretary, for inclusion in the national transit database under this section-- ``(1) any information relating to a transit asset inventory or condition assessment conducted by the recipient; ``(2) any data on assaults on transit workers of the recipients; and ``(3) any data on fatalities that result from an impact with a bus.''. SEC. 30015. APPORTIONMENT OF APPROPRIATIONS FOR FORMULA GRANTS. (a) Small Urbanized Areas.--Section 5336(h)(3) of title 49, United States Code, is amended by striking ``paragraphs (1) and (2)'' and all that follows through ``2 percent'' in subparagraph (B) and inserting ``paragraphs (1) and (2), 3 percent''. (b) Funding for State Safety Oversight Program Grants.-- (1) In general.--Section 5336(h)(4) of title 49, United States Code, is amended by striking ``0.5 percent'' and inserting ``0.75 percent''. (2) <<NOTE: 49 USC 5336 note.>> Applicability.--The amendment made by paragraph (1) shall apply with respect to fiscal year 2022 and each fiscal year thereafter. [[Page 135 STAT. 911]] SEC. 30016. STATE OF GOOD REPAIR GRANTS. Section 5337 of title 49, United States Code, is amended by adding at the end the following: ``(f) Competitive Grants for Rail Vehicle Replacement.-- ``(1) In general.--The Secretary may make grants under this subsection to assist State and local governmental authorities in financing capital projects for the replacement of rail rolling stock. ``(2) Grant requirements.--Except as otherwise provided in this subsection, a grant under this subsection shall be subject to the same terms and conditions as a grant under subsection (b). ``(3) Competitive process.--The Secretary shall solicit grant applications and make not more than 3 new awards to eligible projects under this subsection on a competitive basis each fiscal year. ``(4) Consideration.--In awarding grants under this subsection, the Secretary shall consider-- ``(A) the size of the rail system of the applicant; ``(B) the amount of funds available to the applicant under this subsection; ``(C) <<NOTE: Time period.>> the age and condition of the rail rolling stock of the applicant that has exceeded or will exceed the useful service life of the rail rolling stock in the 5-year period following the grant; and ``(D) whether the applicant has identified replacement of the rail vehicles as a priority in the investment prioritization portion of the transit asset management plan of the recipient pursuant to part 625 of title 49, Code of Federal Regulations (or successor regulations). ``(5) Maximum share of competitive grant assistance.--The amount of grant assistance provided by the Secretary under this subsection, as a share of eligible project costs, shall be not more than 50 percent. ``(6) Government share of cost.--The Government share of the cost of an eligible project carried out under this subsection shall not exceed 80 percent. ``(7) Multi-year grant agreements.-- ``(A) In general.--An eligible project for which a grant is provided under this subsection may be carried out through a multi-year grant agreement in accordance with this paragraph. ``(B) Requirements.--A multi-year grant agreement under this paragraph shall-- ``(i) establish the terms of participation by the Federal Government in the project; and ``(ii) <<NOTE: Time period.>> establish the maximum amount of Federal financial assistance for the project that may be provided through grant payments to be provided in not more than 3 consecutive fiscal years. ``(C) Financial rules.--A multi-year grant agreement under this paragraph-- ``(i) shall obligate an amount of available budget authority specified in law; and ``(ii) may include a commitment, contingent on amounts to be specified in law in advance for commitments under this paragraph, to obligate an additional [[Page 135 STAT. 912]] amount from future available budget authority specified in law. ``(D) Statement of contingent commitment.--A multi- year agreement under this paragraph shall state that the contingent commitment is not an obligation of the Federal Government.''. SEC. 30017. AUTHORIZATIONS. Section 5338 of title 49, United States Code, is amended to read as follows: ``Sec. 5338. Authorizations ``(a) <<NOTE: Time periods.>> Grants.-- ``(1) In general.--There shall be available from the Mass Transit Account of the Highway Trust Fund to carry out sections 5305, 5307, 5310, 5311, 5312, 5314, 5318, 5335, 5337, 5339, and 5340, section 20005(b) of the Federal Public Transportation Act of 2012 (49 U.S.C. 5303 note; Public Law 112-141), and section 3006(b) of the Federal Public Transportation Act of 2015 (49 U.S.C. 5310 note; Public Law 114-94)-- ``(A) $13,355,000,000 for fiscal year 2022; ``(B) $13,634,000,000 for fiscal year 2023; ``(C) $13,990,000,000 for fiscal year 2024; ``(D) $14,279,000,000 for fiscal year 2025; and ``(E) $14,642,000,000 for fiscal year 2026. ``(2) Allocation of funds.--Of the amounts made available under paragraph (1)-- ``(A) $184,647,343 for fiscal year 2022, $188,504,820 for fiscal year 2023, $193,426,906 for fiscal year 2024, $197,422,644 for fiscal year 2025, and $202,441,512 for fiscal year 2026 shall be available to carry out section 5305; ``(B) $13,157,184 for fiscal year 2022, $13,432,051 for fiscal year 2023, $13,782,778 for fiscal year 2024, $14,067,497 for fiscal year 2025, and $14,425,121 for fiscal year 2026 shall be available to carry out section 20005(b) of the Federal Public Transportation Act of 2012 (49 U.S.C. 5303 note; Public Law 112-141); ``(C) $6,408,288,249 for fiscal year 2022, $6,542,164,133 for fiscal year 2023, $6,712,987,840 for fiscal year 2024, $6,851,662,142 for fiscal year 2025, and $7,025,844,743 for fiscal year 2026 shall be allocated in accordance with section 5336 to provide financial assistance for urbanized areas under section 5307; ``(D) $371,247,094 for fiscal year 2022, $379,002,836 for fiscal year 2023, $388,899,052 for fiscal year 2024, $396,932,778 for fiscal year 2025, and $407,023,583 for fiscal year 2026 shall be available to provide financial assistance for services for the enhanced mobility of seniors and individuals with disabilities under section 5310; ``(E) $4,605,014 for fiscal year 2022, $4,701,218 for fiscal year 2023, $4,823,972 for fiscal year 2024, $4,923,624 for fiscal year 2025, and $5,048,792 for fiscal year 2026 shall be available for the pilot program for innovative coordinated access and mobility under section 3006(b) of [[Page 135 STAT. 913]] the Federal Public Transportation Act of 2015 (49 U.S.C. 5310 note; Public Law 114-94); ``(F) $875,289,555 for fiscal year 2022, $893,575,275 for fiscal year 2023, $916,907,591 for fiscal year 2024, $935,848,712 for fiscal year 2025, and $959,639,810 for fiscal year 2026 shall be available to provide financial assistance for rural areas under section 5311; ``(G) $36,840,115 for fiscal year 2022, $37,609,743 for fiscal year 2023, $38,591,779 for fiscal year 2024, $39,388,993 for fiscal year 2025, and $40,390,337 for fiscal year 2026 shall be available to carry out section 5312, of which-- ``(i) $5,000,000 for fiscal year 2022, $5,104,455 for fiscal year 2023, $5,237,739 for fiscal year 2024, $5,345,938 for fiscal year 2025, and $5,481,842 for fiscal year 2026 shall be available to carry out section 5312(h); and ``(ii) $6,578,592 for fiscal year 2022, $6,716,026 for fiscal year 2023, $6,891,389 for fiscal year 2024, $7,033,749 for fiscal year 2025, and $7,212,560 for fiscal year 2026 shall be available to carry out section 5312(i); ``(H) $11,841,465 for fiscal year 2022, $12,088,846 for fiscal year 2023, $12,404,500 for fiscal year 2024, $12,660,748 for fiscal year 2025, and $12,982,608 for fiscal year 2026 shall be available to carry out section 5314, of which $6,578,592 for fiscal year 2022, $6,716,026 for fiscal year 2023, $6,891,389 for fiscal year 2024, $7,033,749 for fiscal year 2025, and $7,212,560 for fiscal year 2026 shall be available for the national transit institute under section 5314(c); ``(I) $5,000,000 for fiscal year 2022, $5,104,455 for fiscal year 2023, $5,237,739 for fiscal year 2024, $5,345,938 for fiscal year 2025, and $5,481,842 for fiscal year 2026 shall be available for bus testing under section 5318; ``(J) $131,000,000 for fiscal year 2022, $134,930,000 for fiscal year 2023, $138,977,900 for fiscal year 2024, $143,147,237 for fiscal year 2025, and $147,441,654 for fiscal year 2026 shall be available to carry out section 5334; ``(K) $5,262,874 for fiscal year 2022, $5,372,820 for fiscal year 2023, $5,513,111 for fiscal year 2024, $5,626,999 for fiscal year 2025, and $5,770,048 for fiscal year 2026 shall be available to carry out section 5335; ``(L) $3,515,528,226 for fiscal year 2022, $3,587,778,037 for fiscal year 2023, $3,680,934,484 for fiscal year 2024, $3,755,675,417 for fiscal year 2025, and $3,850,496,668 for fiscal year 2026 shall be available to carry out section 5337, of which $300,000,000 for each of fiscal years 2022 through 2026 shall be available to carry out section 5337(f); ``(M) $603,992,657 for fiscal year 2022, $616,610,699 for fiscal year 2023, $632,711,140 for fiscal year 2024, $645,781,441 for fiscal year 2025, and $662,198,464 for fiscal year 2026 shall be available for the bus and buses facilities program under section 5339(a); ``(N) $447,257,433 for fiscal year 2022, $456,601,111 for fiscal year 2023, $468,523,511 for fiscal year 2024, [[Page 135 STAT. 914]] $478,202,088 for fiscal year 2025, and $490,358,916 for fiscal year 2026 shall be available for buses and bus facilities competitive grants under section 5339(b) and no or low emission grants under section 5339(c), of which $71,561,189 for fiscal year 2022, $73,056,178 for fiscal year 2023, $74,963,762 for fiscal year 2024, $76,512,334 for fiscal year 2025, and $78,457,427 for fiscal year 2026 shall be available to carry out section 5339(c); and ``(O) $741,042,792 for fiscal year 2022, $756,523,956 for fiscal year 2023, $776,277,698 for fiscal year 2024, $792,313,742 for fiscal year 2025, and $812,455,901 for fiscal year 2026, to carry out section 5340 to provide financial assistance for urbanized areas under section 5307 and rural areas under section 5311, of which-- ``(i) $392,752,680 for fiscal year 2022, $400,957,696 for fiscal year 2023, $411,427,180 for fiscal year 2024, $419,926,283 for fiscal year 2025, and $430,601,628 for fiscal year 2026 shall be for growing States under section 5340(c); and ``(ii) $348,290,112 for fiscal year 2022, $355,566,259 for fiscal year 2023, $364,850,518 for fiscal year 2024, $372,387,459 for fiscal year 2025, and $381,854,274 for fiscal year 2026 shall be for high density States under section 5340(d). ``(b) <<NOTE: Appropriation authorization. Time period.>> Capital Investment Grants.--There are authorized to be appropriated to carry out section 5309 of this title and section 3005(b) of the Federal Public Transportation Act of 2015 (49 U.S.C. 5309 note; Public Law 114-94), $3,000,000,000 for each of fiscal years 2022 through 2026. ``(c) Oversight.-- ``(1) In general.--Of the amounts made available to carry out this chapter for a fiscal year, the Secretary may use not more than the following amounts for the activities described in paragraph (2): ``(A) 0.5 percent of amounts made available to carry out section 5305. ``(B) 0.75 percent of amounts made available to carry out section 5307. ``(C) 1 percent of amounts made available to carry out section 5309. ``(D) 1 percent of amounts made available to carry out section 601 of the Passenger Rail Investment and Improvement Act of 2008 (Public Law 110-432; 126 Stat. 4968). ``(E) 0.5 percent of amounts made available to carry out section 5310. ``(F) 0.5 percent of amounts made available to carry out section 5311. ``(G) 1 percent of amounts made available to carry out section 5337, of which not less than 0.25 percent of amounts made available for this subparagraph shall be available to carry out section 5329. ``(H) 0.75 percent of amounts made available to carry out section 5339. ``(2) Activities.--The activities described in this paragraph are as follows: [[Page 135 STAT. 915]] ``(A) Activities to oversee the construction of a major capital project. ``(B) Activities to review and audit the safety and security, procurement, management, and financial compliance of a recipient or subrecipient of funds under this chapter. ``(C) Activities to provide technical assistance generally, and to provide technical assistance to correct deficiencies identified in compliance reviews and audits carried out under this section. ``(D) Activities to carry out section 5334. ``(3) Government share of costs.--The Government shall pay the entire cost of carrying out a contract under this subsection. ``(4) Availability of certain funds.--Funds made available under paragraph (1)(C) shall be made available to the Secretary before allocating the funds appropriated to carry out any project under a full funding grant agreement. ``(d) Grants as Contractual Obligations.-- ``(1) Grants financed from highway trust fund.--A grant or contract that is approved by the Secretary and financed with amounts made available from the Mass Transit Account of the Highway Trust Fund pursuant to this section is a contractual obligation of the Government to pay the Government share of the cost of the project. ``(2) Grants financed from general fund.--A grant or contract that is approved by the Secretary and financed with amounts appropriated in advance from the General Fund of the Treasury pursuant to this section is a contractual obligation of the Government to pay the Government share of the cost of the project only to the extent that amounts are appropriated for such purpose by an Act of Congress. ``(e) Availability of Amounts.--Amounts made available by or appropriated under this section shall remain available until expended.''. SEC. 30018. GRANTS FOR BUSES AND BUS FACILITIES. Section 5339 of title 49, United States Code, is amended-- (1) in subsection (a)-- (A) in paragraph (5)(A)-- (i) by striking ``$90,500,000 for each of fiscal years 2016 through 2020'' and inserting ``$206,000,000 each fiscal year''; (ii) by striking ``$1,750,000'' and inserting ``$4,000,000''; and (iii) by striking ``$500,000'' and inserting ``$1,000,000''; and (B) by adding at the end the following: ``(10) Maximizing use of funds.-- ``(A) In general.--Eligible recipients and subrecipients under this subsection should, to the extent practicable, seek to utilize the procurement tools authorized under section 3019 of the FAST Act (49 U.S.C. 5325 note; Public Law 114-94). ``(B) Written explanation.--If an eligible recipient or subrecipient under this subsection purchases less than 5 buses through a standalone procurement, the eligible recipient or subrecipient shall provide to the Secretary [[Page 135 STAT. 916]] a written explanation regarding why the tools authorized under section 3019 of the FAST Act (49 U.S.C. 5325 note; Public Law 114-94) were not utilized.''; (2) in subsection (b)-- (A) by striking paragraph (5) and inserting the following: ``(5) Rural projects.-- ``(A) In general.--Subject to subparagraph (B), not less than 15 percent of the amounts made available under this subsection in a fiscal year shall be distributed to projects in rural areas. ``(B) Unutilized amounts.--The Secretary may use less than 15 percent of the amounts made available under this subsection in a fiscal year for the projects described in subparagraph (A) if the Secretary cannot meet the requirement of that subparagraph due to insufficient eligible applications.''; and (B) by adding at the end the following: ``(9) Competitive process.--The Secretary shall-- ``(A) <<NOTE: Deadline.>> not later than 30 days after the date on which amounts are made available for obligation under this subsection for a full fiscal year, solicit grant applications for eligible projects on a competitive basis; and ``(B) <<NOTE: Grants. Deadlines.>> award a grant under this subsection based on the solicitation under subparagraph (A) not later than the earlier of-- ``(i) 75 days after the date on which the solicitation expires; or ``(ii) the end of the fiscal year in which the Secretary solicited the grant applications. ``(10) Continued use of partnerships.-- ``(A) In general.--An eligible recipient of a grant under this subsection may submit an application in partnership with other entities, including a transit vehicle manufacturer that intends to participate in the implementation of a project under this subsection and subsection (c). ``(B) Competitive procurement.--Projects awarded with partnerships under this subsection shall be considered to satisfy the requirement for a competitive procurement under section 5325. ``(11) Maximizing use of funds.-- ``(A) In general.--Eligible recipients under this subsection should, to the extent practicable, seek to utilize the procurement tools authorized under section 3019 of the FAST Act (49 U.S.C. 5325 note; Public Law 114-94). ``(B) Written explanation.--If an eligible recipient under this subsection purchases less than 5 buses through a standalone procurement, the eligible recipient shall provide to the Secretary a written explanation regarding why the tools authorized under section 3019 of the FAST Act (49 U.S.C. 5325 note; Public Law 114-94) were not utilized.''; (3) in subsection (c)-- (A) in paragraph (3)-- (i) by amending subparagraph (A) to read as follows: [[Page 135 STAT. 917]] ``(A) In general.--A grant under this subsection shall be subject to-- ``(i) with respect to eligible recipients in urbanized areas, section 5307; and ``(ii) with respect to eligible recipients in rural areas, section 5311.''; and (ii) by adding at the end the following: ``(D) Fleet transition plan.--In awarding grants under this subsection or under subsection (b) for projects related to zero emission vehicles, the Secretary shall require the applicant to submit a zero emission transition plan, which, at a minimum-- ``(i) demonstrates a long-term fleet management plan with a strategy for how the applicant intends to use the current application and future acquisitions; ``(ii) addresses the availability of current and future resources to meet costs; ``(iii) considers policy and legislation impacting technologies; ``(iv) <<NOTE: Evaluation.>> includes an evaluation of existing and future facilities and their relationship to the technology transition; ``(v) describes the partnership of the applicant with the utility or alternative fuel provider of the applicant; and ``(vi) <<NOTE: Examination.>> examines the impact of the transition on the applicant's current workforce by identifying skill gaps, training needs, and retraining needs of the existing workers of the applicant to operate and maintain zero emission vehicles and related infrastructure and avoids the displacement of the existing workforce.''; (B) by striking paragraph (5) and inserting the following: ``(5) Consideration.--In awarding grants under this subsection, the Secretary-- ``(A) shall consider eligible projects relating to the acquisition or leasing of low or no emission buses or bus facilities that make greater reductions in energy consumption and harmful emissions, including direct carbon emissions, than comparable standard buses or other low or no emission buses; and ``(B) shall, for no less than 25 percent of the funds made available to carry out this subsection, only consider eligible projects related to the acquisition of low or no emission buses or bus facilities other than zero emission vehicles and related facilities.''; and (C) by adding at the end the following: ``(8) Continued use of partnerships.-- ``(A) In general.--A recipient of a grant under this subsection may submit an application in partnership with other entities, including a transit vehicle manufacturer, that intends to participate in the implementation of an eligible project under this subsection. ``(B) Competitive procurement.--Eligible projects awarded with partnerships under this subsection shall be considered to satisfy the requirement for a competitive procurement under section 5325.''; and [[Page 135 STAT. 918]] (4) by adding at the end the following: ``(d) <<NOTE: Certification.>> Workforce Development Training Activities.--5 percent of grants related to zero emissions vehicles (as defined in subsection (c)(1)) or related infrastructure under subsection (b) or (c) shall be used by recipients to fund workforce development training, as described in section 5314(b)(2) (including registered apprenticeships and other labor-management training programs) under the recipient's plan to address the impact of the transition to zero emission vehicles on the applicant's current workforce under subsection (c)(3)(D), unless the recipient certifies a smaller percentage is necessary to carry out that plan.''. SEC. 30019. WASHINGTON METROPOLITAN AREA TRANSIT AUTHORITY SAFETY, ACCOUNTABILITY, AND INVESTMENT. (a) Definitions.--In this section: (1) Board.--The term ``Board'' means the Board of Directors of the Transit Authority. (2) Compact.--The term ``Compact'' means the Washington Metropolitan Area Transit Authority Compact consented to by Congress under Public Law 89-774 (80 Stat. 1324). (3) Covered recipient.--The term ``covered recipient'' means-- (A)(i) the Committee on Banking, Housing, and Urban Affairs of the Senate; (ii) the Committee on Homeland Security and Governmental Affairs of the Senate; (iii) the Committee on Transportation and Infrastructure of the House of Representatives; and (iv) the Committee on Oversight and Reform of the House of Representatives; (B)(i) the Governor of Maryland; (ii) the President of the Maryland Senate; and (iii) the Speaker of the Maryland House of Delegates; (C)(i) the Governor of Virginia; (ii) the President of the Virginia Senate; and (iii) the Speaker of the Virginia House of Delegates; (D)(i) the Mayor of the District of Columbia; and (ii) the Chairman of the Council of the District of Columbia; and (E) the Chairman of the Northern Virginia Transportation Commission. (4) Inspector general; office of the inspector general.--The terms ``Inspector General'' and ``Office of Inspector General'' mean the Inspector General and the Office of Inspector General, respectively, of the Transit Authority. (5) Transit authority.--The term ``Transit Authority'' means the Washington Metropolitan Area Transit Authority established under Article III of the Compact. (b) Reauthorization of Capital and Preventive Maintenance Grants to Washington Metropolitan Area Transit Authority.--Section 601(f) of the Passenger Rail Investment and Improvement Act of 2008 (division B of Public Law 110-432; 122 Stat. 4970) is amended by striking ``an aggregate amount'' and all that follows through the period at the end and inserting ``$150,000,000 for each of fiscal years 2022 through 2030.''. (c) Funds for Washington Metropolitan Area Transit Authority's Inspector General.--Title VI of the Passenger Rail [[Page 135 STAT. 919]] Investment and Improvement Act of 2008 (division B of Public Law 110- 432; 122 Stat. 4968) is amended by adding at the end the following: ``SEC. 602. FUNDING FOR INSPECTOR GENERAL. ``(a) Definitions.--In this section: ``(1) Compact.--The term `Compact' means the Washington Metropolitan Area Transit Authority Compact consented to by Congress under Public Law 89-774 (80 Stat. 1324). ``(2) Secretary.--The term `Secretary' means the Secretary of Transportation. ``(3) Transit authority.--The term `Transit Authority' has the meaning given the term in section 601(a)(2). ``(b) Funding for Office of Inspector General of the Washington Metropolitan Area Transit Authority.--Subject to subsection (c), of the amounts authorized to be appropriated for a fiscal year under section 601(f), the Secretary shall use $5,000,000 for grants to the Transit Authority for use exclusively by the Office of Inspector General of the Transit Authority for the operations of the Office in accordance with Section 9 of Article III of the Compact, to remain available until expended. ``(c) Matching Inspector General Funds Required From Transit Authority.--The Secretary may not provide any amounts to the Transit Authority for a fiscal year under subsection (b) until the Transit Authority notifies the Secretary that the Transit Authority has made available $5,000,000 in non-Federal funds for that fiscal year for use exclusively by the Office of Inspector General of the Transit Authority for the operations of the Office in accordance with Section 9 of Article III of the Compact.''. (d) Reforms to Office of Inspector General.-- (1) Sense of congress.--Congress recognizes the importance of the Transit Authority having a strong and independent Office of Inspector General, as codified in subsections (a) and (d) of Section 9 of Article III of the Compact. (2) <<NOTE: Certification.>> Reforms.--The Secretary of Transportation may not provide any amounts to the Transit Authority under section 601(f) of the Passenger Rail Investment and Improvement Act of 2008 (division B of Public Law 110-432; 122 Stat. 4968) (as amended by subsection (b)), until the Secretary of Transportation certifies that the Board has passed a resolution that-- (A) <<NOTE: Budget estimate.>> provides that, for each fiscal year, the Office of Inspector General shall transmit a budget estimate and request to the Board specifying the aggregate amount of funds requested for the fiscal year for the operations of the Office of Inspector General; (B) delegates to the Inspector General, to the extent possible under the Compact and in accordance with each applicable Federal law or regulation, contracting officer authority, subject to the requirement that the Inspector General exercise that authority-- (i) in accordance with Section 73 of Article XVI of the Compact, after working with the Transit Authority to amend procurement policies and procedures to give the Inspector General approving authority for exceptions to those policies and procedures; and [[Page 135 STAT. 920]] (ii) only as is necessary to carry out the duties of the Office of Inspector General; (C) delegates to the Inspector General, to the extent possible under the Compact and in accordance with each applicable Federal law or regulation-- (i) the authority to select, appoint, and employ such officers and employees as may be necessary for carrying out the duties of the Office of Inspector General, subject to the requirement that the Inspector General exercise that authority in accordance with-- (I) subsections (g) and (h) of Section 12 of Article V of the Compact; and (II) personnel policies and procedures of the Transit Authority; and (ii) approving authority, subject to the approval of the Board, for exceptions to policies that impact the independence of the Office of Inspector General, but those exceptions may not include the use of employee benefits and pension plans other than the employee benefits and pension plans of the Transit Authority; (D)(i) ensures that the Inspector General obtains legal advice from a counsel reporting directly to the Inspector General; and (ii) prohibits the counsel described in clause (i) from-- (I) providing legal advice for or on behalf of the Transit Authority; (II) issuing a legal opinion on behalf of the Transit Authority or making a statement about a legal position of the Transit Authority; or (III) waiving any privilege or protection from disclosure on any matter under the jurisdiction of the Transit Authority; and (E) requires the Inspector General to-- (i) <<NOTE: Reports. Recommenda- tions.>> post any report containing a recommendation for corrective action to the website of the Office of Inspector General not later than 3 days after the report is submitted in final form to the Board, except that-- (I) the Inspector General shall, if required by law or otherwise appropriate, redact-- (aa) personally identifiable information; (bb) legally privileged information; (cc) information legally prohibited from disclosure; and (dd) information that, in the determination of the Inspector General, would pose a security risk to the systems of the Transit Authority; and (II) <<NOTE: Recommenda- tions.>> with respect to any investigative findings in a case involving administrative misconduct, whether included in a recommendation or otherwise, the Inspector General shall publish only a summary of the findings, which summary shall be redacted in accordance with the procedures set forth in subclause (I); (ii) <<NOTE: Reports. Recommenda- tions.>> submit a semiannual report containing recommendations of corrective action to the Board, which [[Page 135 STAT. 921]] the Board shall transmit not later than 30 days after receipt of the report, together with any comments the Board determines appropriate, to-- (I) each covered recipient described in subsection (a)(3)(A); and (II) any other recipients that the Board determines appropriate; and (iii) not later than 2 years after the date of enactment of this Act and 5 years after the date of enactment of this Act, submit to each covered recipient a report that-- (I) describes the implementation by the Transit Authority of the reforms required under, and the use by the Transit Authority of the funding authorized under-- (aa) chapter 34 of title 33.2 of the Code of Virginia; (bb) section 10-205 of the Transportation Article of the Code of Maryland; and (cc) section 6002 of the Dedicated WMATA Funding and Tax Changes Affecting Real Property and Sales Amendment Act of 2018 (1-325.401, D.C. Official Code); and (II) contains-- (aa) an assessment of the effective use of the funding described in subclause (I) to address major capital improvement projects; (bb) a discussion of compliance with strategic plan deadlines; (cc) an examination of compliance with the reform requirements under the laws described in subclause (I), including identifying any challenges to compliance or implementation; and (dd) recommendations to the Transit Authority to improve implementation. (e) Capital Program and Planning.-- (1) Capital planning procedures.--The Transit Authority may not expend any amounts received under section 602(b) of the Passenger Rail Investment and Improvement Act of 2008 (division B of Public Law 110-432; 122 Stat. 4968), (as added by subsection (c)), until the General Manager of the Transit Authority certifies to the Secretary of Transportation that the Transit Authority has implemented-- (A) documented policies and procedures for the capital planning process that include-- (i) a process that aligns projects to the strategic goals of the Transit Authority; and (ii) a process to develop total project costs and alternatives for all major capital projects (as defined in section 633.5 of title 49, Code of Federal Regulations (or successor regulations)); (B) a transit asset management planning process that includes -- (i) <<NOTE: Inventory.>> asset inventory and condition assessment procedures; and [[Page 135 STAT. 922]] (ii) procedures to develop a data set of track, guideway, and infrastructure systems, including tunnels, bridges, and communications assets, that complies with the transit asset management regulations of the Secretary of Transportation under part 625 of title 49, Code of Federal Regulations (or successor regulations); and (C) performance measures, aligned with the strategic goals of the Transit Authority, to assess the effectiveness and outcomes of major capital projects. (2) Annual report.--As a condition of receiving amounts under section 602(b) of the Passenger Rail Investment and Improvement Act of 2008 (division B of Public Law 110-432; 122 Stat. 4968) (as added by subsection (c)), the Transit Authority shall submit an annual report detailing the Capital Improvement Program of the Transit Agency approved by the Board and compliance with the transit asset management regulations of the Secretary of Transportation under part 625 of title 49, Code of Federal Regulations (or successor regulations), to-- (A) each covered recipient; and (B) any other recipient that the Board determines appropriate. (f) Sense of Congress.--It is the sense of Congress that the Transit Authority should-- (1) continue to prioritize the implementation of new technological systems that include robust cybersecurity protections; and (2) prioritize continued integration of new wireless services and emergency communications networks, while also leveraging partnerships with mobility services to improve the competitiveness of the core business. (g) Additional Reporting.-- (1) <<NOTE: Assessments.>> In general.--Not later than 3 years after the date of enactment of this Act, the Comptroller General of the United States shall submit to the congressional committees described in paragraph (2) a report that-- (A) assesses whether the reforms required under subsection (d) (relating to strengthening the independence of the Office of Inspector General) have been implemented; and (B) assesses-- (i) whether the reforms required under subsection (g) have been implemented; and (ii) the impact of those reforms on the capital planning process of the Transit Authority. (2) Congressional committees.--The congressional committees described in this paragraph are-- (A) the Committee on Banking, Housing, and Urban Affairs of the Senate; (B) the Committee on Homeland Security and Governmental Affairs of the Senate; (C) the Committee on Transportation and Infrastructure of the House of Representatives; and (D) the Committee on Oversight and Reform of the House of Representatives. [[Page 135 STAT. 923]] DIVISION D--ENERGY SEC. 40001. <<NOTE: 42 USC 18701.>> DEFINITIONS. In this division: (1) Department.--The term ``Department'' means the Department of Energy. (2) Indian tribe.--The term ``Indian Tribe'' has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304). (3) Secretary.--The term ``Secretary'' means the Secretary of Energy. TITLE I--GRID INFRASTRUCTURE AND RESILIENCY Subtitle A--Grid Infrastructure Resilience and Reliability SEC. 40101. <<NOTE: 42 USC 18711.>> PREVENTING OUTAGES AND ENHANCING THE RESILIENCE OF THE ELECTRIC GRID. (a) Definitions.--In this section: (1) Disruptive event.--The term ``disruptive event'' means an event in which operations of the electric grid are disrupted, preventively shut off, or cannot operate safely due to extreme weather, wildfire, or a natural disaster. (2) Eligible entity.--The term ``eligible entity'' means-- (A) an electric grid operator; (B) an electricity storage operator; (C) an electricity generator; (D) a transmission owner or operator; (E) a distribution provider; (F) a fuel supplier; and (G) any other relevant entity, as determined by the Secretary. (3) Natural disaster.--The term ``natural disaster'' has the meaning given the term in section 602(a) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5195a(a)). (4) Power line.--The term ``power line'' includes a transmission line or a distribution line, as applicable. (5) Program.--The term ``program'' means the program established under subsection (b). (b) <<NOTE: Deadline.>> Establishment of Program.--Not later than 180 days after the date of enactment of this Act, the Secretary shall establish a program under which the Secretary shall make grants to eligible entities, States, and Indian Tribes in accordance with this section. (c) Grants to Eligible Entities.-- (1) In general.--The Secretary may make a grant under the program to an eligible entity to carry out activities that-- (A) are supplemental to existing hardening efforts of the eligible entity planned for any given year; and (B)(i) reduce the risk of any power lines owned or operated by the eligible entity causing a wildfire; or [[Page 135 STAT. 924]] (ii) increase the ability of the eligible entity to reduce the likelihood and consequences of disruptive events. (2) Application.-- (A) In general.--An eligible entity desiring a grant under the program shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. (B) Requirement.--As a condition of receiving a grant under the program, an eligible entity shall submit to the Secretary, as part of the application of the eligible entity submitted under subparagraph (A), a report detailing past, current, and future efforts by the eligible entity to reduce the likelihood and consequences of disruptive events. (3) Limitation.--The Secretary may not award a grant to an eligible entity in an amount that is greater than the total amount that the eligible entity has spent in the previous 3 years on efforts to reduce the likelihood and consequences of disruptive events. (4) Priority.--In making grants to eligible entities under the program, the Secretary shall give priority to projects that, in the determination of the Secretary, will generate the greatest community benefit (whether rural or urban) in reducing the likelihood and consequences of disruptive events. (5) Small utilities set aside.--The Secretary shall ensure that not less than 30 percent of the amounts made available to eligible entities under the program are made available to eligible entities that sell not more than 4,000,000 megawatt hours of electricity per year. (d) Grants to States and Indian Tribes.-- (1) In general.--The Secretary, in accordance with this subsection, may make grants under the program to States and Indian Tribes, which each State or Indian Tribe may use to award grants to eligible entities. (2) Annual application.-- (A) In general.--For each fiscal year, to be eligible to receive a grant under this subsection, a State or Indian Tribe shall submit to the Secretary an application that includes a plan described in subparagraph (B). (B) Plan required.--A plan prepared by a State or Indian Tribe for purposes of an application described in subparagraph (A) shall-- (i) describe the criteria and methods that will be used by the State or Indian Tribe to award grants to eligible entities; (ii) be adopted after notice and a public hearing; and (iii) describe the proposed funding distributions and recipients of the grants to be provided by the State or Indian Tribe. (3) Distribution of funds.-- (A) In general.--The Secretary shall provide grants to States and Indian Tribes under this subsection based on a formula determined by the Secretary, in accordance with subparagraph (B). (B) Requirement.--The formula referred to in subparagraph (A) shall be based on the following factors: [[Page 135 STAT. 925]] (i) The total population of the State or Indian Tribe. (ii)(I) The total area of the State or the land of the Indian Tribe; or (II) the areas in the State or on the land of the Indian Tribe with a low ratio of electricity customers per mileage of power lines. (iii) The probability of disruptive events in the State or on the land of the Indian Tribe during the previous 10 years, as determined based on the number of federally declared disasters or emergencies in the State or on the land of the Indian Tribe, as applicable, including-- (I) disasters for which Fire Management Assistance Grants are provided under section 420 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5187); (II) major disasters declared by the President under section 401 of that Act (42 U.S.C. 5170); (III) emergencies declared by the President under section 501 of that Act (42 U.S.C. 5191); and (IV) any other federally declared disaster or emergency in the State or on the land of the Indian Tribe. (iv) The number and severity, measured by population and economic impacts, of disruptive events experienced by the State or Indian Tribe on or after January 1, 2011. (v) The total amount, on a per capita basis, of public and private expenditures during the previous 10 years to carry out mitigation efforts to reduce the likelihood and consequences of disruptive events in the State or on the land of the Indian Tribe, with States or Indian Tribes with higher per capita expenditures receiving additional weight or consideration as compared to States or Indian Tribes with lower per capita expenditures. (C) Annual update of data used in distribution of funds.-- <<NOTE: Effective date.>> Beginning 1 year after the date of enactment of this Act, the Secretary shall annually update-- (i) all data relating to the factors described in subparagraph (B); and (ii) all other data used in distributing grants to States and Indian Tribes under this subsection. (4) Oversight.--The Secretary shall ensure that each grant provided to a State or Indian Tribe under the program is allocated, pursuant to the applicable plan of the State or Indian Tribe, to eligible entities for projects within the State or on the land of the Indian Tribe. (5) Priority.--In making grants to eligible entities using funds made available to the applicable State or Indian Tribe under the program, the State or Indian Tribe shall give priority to projects that, in the determination of the State or Indian Tribe, will generate the greatest community benefit (whether rural or urban) in reducing the likelihood and consequences of disruptive events. [[Page 135 STAT. 926]] (6) Small utilities set aside.--A State or Indian Tribe receiving a grant under the program shall ensure that, of the amounts made available to eligible entities from funds made available to the State or Indian Tribe under the program, the percentage made available to eligible entities that sell not more than 4,000,000 megawatt hours of electricity per year is not less than the percentage of all customers in the State or Indian Tribe that are served by those eligible entities. (7) Technical assistance and administrative expenses.--Of the amounts made available to a State or Indian Tribe under the program each fiscal year, the State or Indian Tribe may use not more than 5 percent for-- (A) providing technical assistance under subsection (g)(1)(A); and (B) administrative expenses associated with the program. (8) Matching requirement.--Each State and Indian Tribe shall be required to match 15 percent of the amount of each grant provided to the State or Indian Tribe under the program. (e) Use of Grants.-- (1) In general.--A grant awarded to an eligible entity under the program may be used for activities, technologies, equipment, and hardening measures to reduce the likelihood and consequences of disruptive events, including-- (A) weatherization technologies and equipment; (B) fire-resistant technologies and fire prevention systems; (C) monitoring and control technologies; (D) the undergrounding of electrical equipment; (E) utility pole management; (F) the relocation of power lines or the reconductoring of power lines with low-sag, advanced conductors; (G) vegetation and fuel-load management; (H) the use or construction of distributed energy resources for enhancing system adaptive capacity during disruptive events, including-- (i) microgrids; and (ii) battery-storage subcomponents; (I) adaptive protection technologies; (J) advanced modeling technologies; (K) hardening of power lines, facilities, substations, of other systems; and (L) the replacement of old overhead conductors and underground cables. (2) Prohibitions and limitations.-- (A) In general.--A grant awarded to an eligible entity under the program may not be used for-- (i) construction of a new-- (I) electric generating facility; or (II) large-scale battery-storage facility that is not used for enhancing system adaptive capacity during disruptive events; or (ii) cybersecurity. (B) Certain investments eligible for recovery.-- (i) In general.--An eligible entity may not seek cost recovery for the portion of the cost of any system, [[Page 135 STAT. 927]] technology, or equipment that is funded through a grant awarded under the program. (ii) Savings provision.--Nothing in this subparagraph prohibits an eligible entity from recovering through traditional or incentive-based ratemaking any portion of an investment in a system, technology, or equipment that is not funded by a grant awarded under the program. (C) Application limitations.--An eligible entity may not submit an application for a grant provided by the Secretary under subsection (c) and a grant provided by a State or Indian Tribe pursuant to subsection (d) during the same application cycle. (f) Distribution of Funding.--Of the amounts made available to carry out the program for a fiscal year, the Secretary shall ensure that-- (1) 50 percent is used to award grants to eligible entities under subsection (c); and (2) 50 percent is used to make grants to States and Indian Tribes under subsection (d). (g) Technical and Other Assistance.-- (1) In general.--The Secretary, States, and Indian Tribes may-- (A) provide technical assistance and facilitate the distribution and sharing of information to reduce the likelihood and consequences of disruptive events; and (B) promulgate consumer-facing information and resources to inform the public of best practices and resources relating to reducing the likelihood and consequences of disruptive events. (2) Use of funds by the secretary.--Of the amounts made available to the Secretary to carry out the program each fiscal year, the Secretary may use not more than 5 percent for-- (A) providing technical assistance under paragraph (1)(A); and (B) administrative expenses associated with the program. (h) Matching Requirement.-- (1) In general.--Except as provided in paragraph (2), an eligible entity that receives a grant under this section shall be required to match 100 percent of the amount of the grant. (2) Exception for small utilities.--An eligible entity that sells not more than 4,000,000 megawatt hours of electricity per year shall be required to match \1/3\ of the amount of the grant. (i) Biennial Report to Congress.-- (1) In general.--Not later than 2 years after the date of enactment of this Act, and every 2 years thereafter through 2026, the Secretary shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Energy and Commerce of the House of Representatives a report describing the program. (2) Requirements.--The report under paragraph (1) shall include information and data on-- (A) the costs of the projects for which grants are awarded to eligible entities; [[Page 135 STAT. 928]] (B) the types of activities, technologies, equipment, and hardening measures funded by those grants; and (C) the extent to which the ability of the power grid to withstand disruptive events has increased. (j) <<NOTE: Time period.>> Authorization of Appropriations.--There is authorized to be appropriated to the Secretary to carry out the program $5,000,000,000 for the period of fiscal years 2022 through 2026. SEC. 40102. HAZARD MITIGATION USING DISASTER ASSISTANCE. Section 404(f)(12) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170c(f)(12)) is amended-- (1) by inserting ``and wildfire'' after ``windstorm''; (2) by striking ``including replacing'' and inserting the following: ``including-- ``(A) replacing''; (3) in subparagraph (A) (as so designated)-- (A) by inserting ``, wildfire,'' after ``extreme wind''; and (B) by adding ``and'' after the semicolon at the end; and (4) by adding at the end the following: ``(B) the installation of fire-resistant wires and infrastructure and the undergrounding of wires;''. SEC. 40103. <<NOTE: 42 USC 18712.>> ELECTRIC GRID RELIABILITY AND RESILIENCE RESEARCH, DEVELOPMENT, AND DEMONSTRATION. (a) Definition of Federal Financial Assistance.--In this section, the term ``Federal financial assistance'' has the meaning given the term in section 200.1 of title 2, Code of Federal Regulations. (b) Energy Infrastructure Federal Financial Assistance Program.-- (1) Definitions.--In this subsection: (A) Eligible entity.--The term ``eligible entity'' means each of-- (i) a State; (ii) a combination of 2 or more States; (iii) an Indian Tribe; (iv) a unit of local government; and (v) a public utility commission. (B) Program.--The term ``program'' means the competitive Federal financial assistance program established under paragraph (2). (2) Establishment.--Not later than 180 days after the date of enactment of this Act, the Secretary shall establish a program, to be known as the ``Program Upgrading Our Electric Grid and Ensuring Reliability and Resiliency'', to provide, on a competitive basis, Federal financial assistance to eligible entities to carry out the purpose described in paragraph (3). (3) Purpose.--The purpose of the program is to coordinate and collaborate with electric sector owners and operators-- (A) to demonstrate innovative approaches to transmission, storage, and distribution infrastructure to harden and enhance resilience and reliability; and (B) to demonstrate new approaches to enhance regional grid resilience, implemented through States by public and rural electric cooperative entities on a cost-shared basis. (4) Applications.--To be eligible to receive Federal financial assistance under the program, an eligible entity shall [[Page 135 STAT. 929]] submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require, including a description of-- (A) how the Federal financial assistance would be used; (B) the expected beneficiaries, and (C) in the case of a proposal from an eligible entity described in paragraph (1)(A)(ii), how the proposal would improve regional energy infrastructure. (5) Selection.--The Secretary shall select eligible entities to receive Federal financial assistance under the program on a competitive basis. (6) Cost share.--Section 988 of the Energy Policy Act of 2005 (42 U.S.C. 16352) shall apply to Federal financial assistance provided under the program. (7) <<NOTE: Time period.>> Authorization of appropriations.--There is authorized to be appropriated to the Secretary to carry out this subsection, $5,000,000,000 for the period of fiscal years 2022 through 2026. (c) Energy Improvement in Rural or Remote Areas.-- (1) Definition of rural or remote area.--In this subsection, the term ``rural or remote area'' means a city, town, or unincorporated area that has a population of not more than 10,000 inhabitants. (2) Required activities.--The Secretary shall carry out activities to improve in rural or remote areas of the United States-- (A) the resilience, safety, reliability, and availability of energy; and (B) environmental protection from adverse impacts of energy generation. (3) Federal financial assistance.--The Secretary, in consultation with the Secretary of the Interior, may provide Federal financial assistance to rural or remote areas for the purpose of-- (A) overall cost-effectiveness of energy generation, transmission, or distribution systems; (B) siting or upgrading transmission and distribution lines; (C) reducing greenhouse gas emissions from energy generation by rural or remote areas; (D) providing or modernizing electric generation facilities; (E) developing microgrids; and (F) increasing energy efficiency. (4) <<NOTE: Time period.>> Authorization of appropriations.--There is authorized to be appropriated to the Secretary to carry out this subsection, $1,000,000,000 for the period of fiscal years 2022 through 2026. (d) Energy Infrastructure Resilience Framework.-- (1) In general.--The Secretary, in collaboration with the Secretary of Homeland Security, the Federal Energy Regulatory Commission, the North American Electric Reliability Corporation, and interested energy infrastructure stakeholders, shall develop common analytical frameworks, tools, metrics, and data to assess the resilience, reliability, safety, and security of energy infrastructure in the United States, including by developing [[Page 135 STAT. 930]] and storing an inventory of easily transported high-voltage recovery transformers and other required equipment. (2) Assessment and report.-- (A) Assessment.--The Secretary shall carry out an assessment of-- (i) with respect to the inventory of high- voltage recovery transformers, new transformers, and other equipment proposed to be developed and stored under paragraph (1)-- (I) the policies, technical specifications, and logistical and program structures necessary to mitigate the risks associated with the loss of high-voltage recovery transformers; (II) the technical specifications for high-voltage recovery transformers; (III) where inventory of high- voltage recovery transformers should be stored; (IV) the quantity of high-voltage recovery transformers necessary for the inventory; (V) how the stored inventory of high-voltage recovery transformers would be secured and maintained; (VI) how the high-voltage recovery transformers may be transported; (VII) opportunities for developing new flexible advanced transformer designs; and (VIII) whether new Federal regulations or cost-sharing requirements are necessary to carry out the storage of high-voltage recovery transformers; and (ii) any efforts carried out by industry as of the date of the assessment-- (I) to share transformers and equipment; (II) to develop plans for next generation transformers; and (III) to plan for surge and long- term manufacturing of, and long-term standardization of, transformer designs. (B) Protection of information.--Information that is provided to, generated by, or collected by the Secretary under subparagraph (A) shall be considered to be critical electric infrastructure information under section 215A of the Federal Power Act (16 U.S.C. 824o- 1). (C) Report.--Not later than 180 days after the date of enactment of this Act, the Secretary shall submit to Congress a report describing the results of the assessment carried out under subparagraph (A). SEC. 40104. UTILITY DEMAND RESPONSE. (a) Consideration of Demand-Response Standard.-- (1) In general.--Section 111(d) of the Public Utility Regulatory Policies Act of 1978 (16 U.S.C. 2621(d)) is amended by adding at the end the following: ``(20) Demand-response practices.-- ``(A) In general.--Each electric utility shall promote the use of demand-response and demand flexibility practices by commercial, residential, and industrial consumers [[Page 135 STAT. 931]] to reduce electricity consumption during periods of unusually high demand. ``(B) Rate recovery.-- ``(i) In general.--Each State regulatory authority shall consider establishing rate mechanisms allowing an electric utility with respect to which the State regulatory authority has ratemaking authority to timely recover the costs of promoting demand-response and demand flexibility practices in accordance with subparagraph (A). ``(ii) Nonregulated electric utilities.--A nonregulated electric utility may establish rate mechanisms for the timely recovery of the costs of promoting demand-response and demand flexibility practices in accordance with subparagraph (A).''. (2) Compliance.-- (A) Time limitations.--Section 112(b) of the Public Utility Regulatory Policies Act of 1978 (16 U.S.C. 2622(b)) is amended by adding at the end the following: ``(7)(A) <<NOTE: Deadline.>> Not later than 1 year after the date of enactment of this paragraph, each State regulatory authority (with respect to each electric utility for which the State has ratemaking authority) and each nonregulated electric utility shall commence consideration under section 111, or set a hearing date for consideration, with respect to the standard established by paragraph (20) of section 111(d). ``(B) <<NOTE: Deadline.>> Not later than 2 years after the date of enactment of this paragraph, each State regulatory authority (with respect to each electric utility for which the State has ratemaking authority), and each nonregulated electric utility shall complete the consideration and make the determination under section 111 with respect to the standard established by paragraph (20) of section 111(d).''. (B) Failure to comply.-- (i) In general.--Section 112(c) of the Public Utility Regulatory Policies Act of 1978 (16 U.S.C. 2622(c)) is amended-- (I) by striking ``such paragraph (14)'' and all that follows through ``paragraphs (16)'' and inserting ``such paragraph (14). In the case of the standard established by paragraph (15) of section 111(d), the reference contained in this subsection to the date of enactment of this Act shall be deemed to be a reference to the date of enactment of that paragraph (15). In the case of the standards established by paragraphs (16)''; and (II) by adding at the end the following: ``In the case of the standard established by paragraph (20) of section 111(d), the reference contained in this subsection to the date of enactment of this Act shall be deemed to be a reference to the date of enactment of that paragraph (20).''. (ii) Technical correction.--Paragraph (2) of section 1254(b) of the Energy Policy Act of 2005 (Public Law 109-58; 119 Stat. 971) <<NOTE: 16 USC 2622 and note.>> is repealed and the amendment made by that paragraph (as in effect on the day before the date of enactment of this Act) is void, [[Page 135 STAT. 932]] and section 112(d) of the Public Utility Regulatory Policies Act of 1978 (16 U.S.C. 2622(d)) shall be in effect as if that amendment had not been enacted. (C) Prior state actions.-- (i) In general.--Section 112 of the Public Utility Regulatory Policies Act of 1978 (16 U.S.C. 2622) is amended by adding at the end the following: ``(g) Prior State Actions.--Subsections (b) and (c) shall not apply to the standard established by paragraph (20) of section 111(d) in the case of any electric utility in a State if, before the date of enactment of this subsection-- ``(1) the State has implemented for the electric utility the standard (or a comparable standard); ``(2) the State regulatory authority for the State or the relevant nonregulated electric utility has conducted a proceeding to consider implementation of the standard (or a comparable standard) for the electric utility; or ``(3) the State legislature has voted on the implementation of the standard (or a comparable standard) for the electric utility.''. (ii) Cross-reference.--Section 124 of the Public Utility Regulatory Policies Act of 1978 (16 U.S.C. 2634) is amended-- (I) by striking ``this subsection'' each place it appears and inserting ``this section''; and (II) by adding at the end the following: ``In the case of the standard established by paragraph (20) of section 111(d), the reference contained in this section to the date of enactment of this Act shall be deemed to be a reference to the date of enactment of that paragraph (20).''. (b) Optional Features of State Energy Conservation Plans.--Section 362(d) of the Energy Policy and Conservation Act (42 U.S.C. 6322(d)) is amended-- (1) in paragraph (16), by striking ``and'' at the end; (2) by redesignating paragraph (17) as paragraph (18); and (3) by inserting after paragraph (16) the following: ``(17) programs that promote the installation and use of demand-response technology and demand-response practices; and''. (c) Federal Energy Management Program.--Section 543(i) of the National Energy Conservation Policy Act (42 U.S.C. 8253(i)) is amended-- (1) in paragraph (1)-- (A) in subparagraph (A), by striking ``and'' at the end; (B) in subparagraph (B), by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following: ``(C) to reduce energy consumption during periods of unusually high electricity or natural gas demand.''; and (2) in paragraph (3)(A)-- (A) in clause (v), by striking ``and'' at the end; (B) in clause (vi), by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following: [[Page 135 STAT. 933]] ``(vii) promote the installation of demand- response technology and the use of demand-response practices in Federal buildings.''. (d) Components of Zero-Net-Energy Commercial Buildings Initiative.-- Section 422(d)(3) of the Energy Independence and Security Act of 2007 (42 U.S.C. 17082(d)) is amended by inserting ``(including demand- response technologies, practices, and policies)'' after ``policies''. SEC. 40105. SITING OF INTERSTATE ELECTRIC TRANSMISSION FACILITIES. (a) Designation of National Interest Electric Transmission Corridors.--Section 216(a) of the Federal Power Act (16 U.S.C. 824p(a)) is amended-- (1) in paragraph (1)-- (A) by inserting ``and Indian Tribes'' after ``affected States''; and (B) by inserting ``capacity constraints and'' before ``congestion''; (2) in paragraph (2)-- (A) by striking ``After'' and inserting ``Not less frequently than once every 3 years, the Secretary, after''; and (B) by striking ``affected States'' and all that follows through the period at the end and inserting the following: ``affected States and Indian Tribes), shall issue a report, based on the study under paragraph (1) or other information relating to electric transmission capacity constraints and congestion, which may designate as a national interest electric transmission corridor any geographic area that-- ``(i) is experiencing electric energy transmission capacity constraints or congestion that adversely affects consumers; or ``(ii) is expected to experience such energy transmission capacity constraints or congestion.''; (3) in paragraph (3)-- (A) by striking ``The Secretary shall conduct the study and issue the report in consultation'' and inserting ``Not less frequently than once every 3 years, the Secretary, in conducting the study under paragraph (1) and issuing the report under paragraph (2), shall consult''; and (4) in paragraph (4)-- (A) in subparagraph (C), by inserting ``or energy security'' after ``independence''; (B) in subparagraph (D), by striking ``and'' at the end; (C) in subparagraph (E), by striking the period at the end and inserting a semicolon; and (D) by adding at the end the following: ``(F) the designation would enhance the ability of facilities that generate or transmit firm or intermittent energy to connect to the electric grid; ``(G) the designation-- ``(i) maximizes existing rights-of-way; and ``(ii) avoids and minimizes, to the maximum extent practicable, and offsets to the extent appropriate and practicable, sensitive environmental areas and cultural heritage sites; and [[Page 135 STAT. 934]] ``(H) the designation would result in a reduction in the cost to purchase electric energy for consumers.''. (b) Construction Permit.--Section 216(b) of the Federal Power Act (16 U.S.C. 824p(b)) is amended-- (1) in paragraph (1)-- (A) in subparagraph (A)(ii), by inserting ``or interregional benefits'' after ``interstate benefits''; and (B) by striking subparagraph (C) and inserting the following: ``(C) a State commission or other entity that has authority to approve the siting of the facilities-- ``(i) has not made a determination on an application seeking approval pursuant to applicable law by the date that is 1 year after the later of-- ``(I) the date on which the application was filed; and ``(II) the date on which the relevant national interest electric transmission corridor was designated by the Secretary under subsection (a); ``(ii) has conditioned its approval in such a manner that the proposed construction or modification will not significantly reduce transmission capacity constraints or congestion in interstate commerce or is not economically feasible; or ``(iii) has denied an application seeking approval pursuant to applicable law;''. (c) Rights-of-Way.--Section 216(e)(1) of the Federal Power Act (16 U.S.C. 824p(e)(1)) is amended by striking ``modify the transmission facilities, the'' and inserting ``modify, and operate and maintain, the transmission facilities and, in the determination of the Commission, the permit holder has made good faith efforts to engage with landowners and other stakeholders early in the applicable permitting process, the''. (d) Interstate Compacts.--Section 216(i) of the Federal Power Act (16 U.S.C. 824p(i)) is amended-- (1) in paragraph (2), by striking ``may'' and inserting ``shall''; and (2) in paragraph (4), by striking ``the members'' and all that follows through the period at the end and inserting the following: ``the Secretary determines that the members of the compact are in disagreement after the later of-- ``(A) the date that is 1 year after the date on which the relevant application for the facility was filed; and ``(B) the date that is 1 year after the date on which the relevant national interest electric transmission corridor was designated by the Secretary under subsection (a).''. SEC. 40106. <<NOTE: 42 USC 18713.>> TRANSMISSION FACILITATION PROGRAM. (a) Definitions.--In this section: (1) Capacity contract.--The term ``capacity contract'' means a contract entered into by the Secretary and an eligible entity under subsection (e)(1)(A) for the right to the use of the transmission capacity of an eligible project. (2) Eligible electric power transmission line.--The term ``eligible electric power transmission line'' means an electric power transmission line that is capable of transmitting not less than-- [[Page 135 STAT. 935]] (A) 1,000 megawatts; or (B) in the case of a project that consists of upgrading an existing transmission line or constructing a new transmission line in an existing transmission, transportation, or telecommunications infrastructure corridor, 500 megawatts. (3) Eligible entity.--The term ``eligible entity'' means an entity seeking to carry out an eligible project. (4) Eligible project.--The term ``eligible project'' means a project (including any related facility)-- (A) to construct a new or replace an existing eligible electric power transmission line; (B) to increase the transmission capacity of an existing eligible electric power transmission line; or (C) to connect an isolated microgrid to an existing transmission, transportation, or telecommunications infrastructure corridor located in Alaska, Hawaii, or a territory of the United States. (5) Fund.--The term ``Fund'' means the Transmission Facilitation Fund established by subsection (d)(1). (6) Program.--The term ``program'' means the Transmission Facilitation Program established by subsection (b). (7) Related facility.-- (A) In general.--The term ``related facility'' means a facility related to an eligible project described in paragraph (4). (B) Exclusions.--The term ``related facility'' does not include-- (i) facilities used primarily to generate electric energy; or (ii) facilities used in the local distribution of electric energy. (b) Establishment.--There is established a program, to be known as the ``Transmission Facilitation Program'', under which the Secretary shall facilitate the construction of electric power transmission lines and related facilities in accordance with subsection (e). (c) Applications.-- (1) In general.--To be eligible for assistance under this section, an eligible entity shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. (2) Procedures.--The Secretary shall establish procedures for the solicitation and review of applications from eligible entities. (d) Funding.-- (1) Transmission facilitation fund.--There is established in the Treasury a fund, to be known as the ``Transmission Facilitation Fund'', consisting of-- (A) all amounts received by the Secretary, including receipts, collections, and recoveries, from any source relating to expenses incurred by the Secretary in carrying out the program, including-- (i) costs recovered pursuant to paragraph (4); (ii) amounts received as repayment of a loan issued to an eligible entity under subsection (e)(1)(B); and [[Page 135 STAT. 936]] (iii) amounts contributed by eligible entities for the purpose of carrying out an eligible project with respect to which the Secretary is participating with the eligible entity under subsection (e)(1)(C); (B) all amounts borrowed from the Secretary of the Treasury by the Secretary for the program under paragraph (2); and (C) any amounts appropriated to the Secretary for the program. (2) Borrowing authority.--The Secretary of the Treasury may, without further appropriation and without fiscal year limitation, loan to the Secretary on such terms as may be fixed by the Secretary and the Secretary of the Treasury, such sums as, in the judgment of the Secretary, are from time to time required for the purpose of carrying out the program, not to exceed, in the aggregate (including deferred interest), $2,500,000,000 in outstanding repayable balances at any 1 time. (3) <<NOTE: Time period.>> Authorization of appropriations.--There is authorized to be appropriated to the Secretary to carry out the program, including for any administrative expenses of carrying out the program that are not recovered under paragraph (4), $10,000,000 for each of fiscal years 2022 through 2026. (4) Cost recovery.-- (A) In general.--Except as provided in subparagraph (B), the cost of any facilitation activities carried out by the Secretary under subsection (e)(1) shall be collected-- (i) from eligible entities receiving the benefit of the applicable facilitation activity, on a schedule to be determined by the Secretary; or (ii) with respect to a contracted transmission capacity under subsection (e)(1)(A) through rates charged for the use of the contracted transmission capacity. (B) Forgiveness of balances.-- (i) Termination or end of useful life.--If, at the end of the useful life of an eligible project or the termination of a capacity contract under subsection (f)(5), there is a remaining balance owed to the Treasury under this section, the balance shall be forgiven. (ii) Unconstructed projects.--Funds expended to study projects that are considered pursuant to this section but that are not constructed shall be forgiven. (C) Recovery of costs of eligible projects.--The Secretary may collect the costs of any activities carried out by the Secretary with respect to an eligible project in which the Secretary participates with an eligible entity under subsection (e)(1)(C) through rates charged to customers benefitting from the new transmission capability provided by the eligible project. (e) Facilitation of Eligible Projects.-- (1) In general.--To facilitate eligible projects, the Secretary may-- (A) subject to subsections (f) and (i), enter into a capacity contract with respect to an eligible project prior to the date on which the eligible project is completed; [[Page 135 STAT. 937]] (B) subject to subsections (g) and (i), issue a loan to an eligible entity for the costs of carrying out an eligible project; or (C) subject to subsections (h) and (i), participate with an eligible entity in designing, developing, constructing, operating, maintaining, or owning an eligible project. (2) Requirement.--The provision and receipt of assistance for an eligible project under paragraph (1) shall be subject to such terms and conditions as the Secretary determines to be appropriate-- (A) to ensure the success of the program; and (B) to protect the interests of the United States. (f) Capacity Contracts.-- (1) Purpose.--In entering into capacity contracts under subsection (e)(1)(A), the Secretary shall seek to enter into capacity contracts that will encourage other entities to enter into contracts for the transmission capacity of the eligible project. (2) Payment.--The amount paid by the Secretary to an eligible entity under a capacity contract for the right to the use of the transmission capacity of an eligible project shall be-- (A) the fair market value for the use of the transmission capacity, as determined by the Secretary, taking into account, as the Secretary determines to be necessary, the comparable value for the use of the transmission capacity of other electric power transmission lines; and (B) on a schedule and in such divided amounts, which may be a single amount, that the Secretary determines are likely to facilitate construction of the eligible project, taking into account standard industry practice and factors specific to each applicant, including, as applicable-- (i) potential review by a State regulatory entity of the revenue requirement of an electric utility; and (ii) the financial model of an independent transmission developer. (3) Limitations.--A capacity contract shall-- (A) be for a term of not more than 40 years; and (B) be for not more than 50 percent of the total proposed transmission capacity of the applicable eligible project. (4) Transmission marketing.-- (A) In general.--If the Secretary has not terminated a capacity contract under paragraph (5) before the applicable eligible project enters into service, the Secretary may enter into 1 or more contracts with a third party to market the transmission capacity of the eligible project to which the Secretary holds rights under the capacity contract. (B) Return.--Subject to subparagraph (D), the Secretary shall seek to ensure that any contract entered into under subparagraph (A) maximizes the financial return to the Federal Government. (C) Competitive solicitation.--The Secretary shall only select third parties for contracts under this paragraph through a competitive solicitation. [[Page 135 STAT. 938]] (D) Requirement.--The marketing of capacity pursuant to this subsection, including any marketing by a third party under subparagraph (A), shall be undertaken consistent with the requirements of the Federal Power Act (16 U.S.C. 791a et seq.). (5) Termination.-- (A) In general.--The Secretary shall seek to terminate a capacity contract as soon as practicable after determining that sufficient transmission capacity of the eligible project has been secured by other entities to ensure the long-term financial viability of the eligible project, including through 1 or more transfers under subparagraph (B). (B) Transfer.--On payment to the Secretary by a third party for transmission capacity to which the Secretary has rights under a capacity contract, the Secretary may transfer the rights to that transmission capacity to that third party. (C) Relinquishment.--On payment to the Secretary by the applicable eligible entity for transmission capacity to which the Secretary has rights under a capacity contract, the Secretary may relinquish the rights to that transmission capacity to the eligible entity. (D) Requirement.--A payment under subparagraph (B) or (C) shall be in an amount sufficient for the Secretary to recover any remaining costs incurred by the Secretary with respect to the quantity of transmission capacity affected by the transfer under subparagraph (B) or the relinquishment under subparagraph (C), as applicable. (6) Other federal capacity positions.--The existence of a capacity contract does not preclude a Federal entity, including a Federal power marketing administration, from otherwise securing transmission capacity at any time from an eligible project, to the extent that the Federal entity is authorized to secure that transmission capacity. (7) Form of financial assistance.--Entering into a capacity contract under subsection (e)(1)(A) shall be considered a form of financial assistance described in section 1508.1(q)(1)(vii) of title 40, Code of Federal Regulations (as in effect on the date of enactment of this Act). (8) Transmission planning region consultation.--Prior to entering into a capacity contract under this subsection, the Secretary shall consult with the relevant transmission planning region regarding the transmission planning region's identification of needs, and the Secretary shall minimize, to the extent possible, duplication or conflict with the transmission planning region's needs determination and selection of projects that meet such needs. (g) Interest Rate on Loans.--The rate of interest to be charged in connection with any loan made by the Secretary to an eligible entity under subsection (e)(1)(B) shall be fixed by the Secretary, taking into consideration market yields on outstanding marketable obligations of the United States of comparable maturities as of the date of the loan. (h) <<NOTE: Determination.>> Public-private Partnerships.--The Secretary may participate with an eligible entity with respect to an eligible project under subsection (e)(1)(C) if the Secretary determines that the eligible project-- [[Page 135 STAT. 939]] (1)(A) is located in an area designated as a national interest electric transmission corridor pursuant to section 216(a) of the Federal Power Act 16 U.S.C. 824p(a); or (B) is necessary to accommodate an actual or projected increase in demand for electric transmission capacity across more than 1 State or transmission planning region; (2) is consistent with efficient and reliable operation of the transmission grid; (3) will be operated in conformance with prudent utility practices; (4) will be operated in conformance with the rules of-- (A) a Transmission Organization (as defined in section 3 of the Federal Power Act (16 U.S.C. 796)), if applicable; or (B) a regional reliability organization; and (5) is not duplicative of the functions of existing transmission facilities that are the subject of ongoing siting and related permitting proceedings. (i) Certification.--Prior to taking action to facilitate an eligible project under subparagraph (A), (B), or (C) of subsection (e)(1), the Secretary shall certify that-- (1) the eligible project is in the public interest; (2) the eligible project is unlikely to be constructed in as timely a manner or with as much transmission capacity in the absence of facilitation under this section, including with respect to an eligible project for which a Federal investment tax credit may be allowed; and (3) it is reasonable to expect that the proceeds from the eligible project will be adequate, as applicable-- (A) to recover the cost of a capacity contract entered into under subsection (e)(1)(A); (B) to repay a loan provided under subsection (e)(1)(B); or (C) to repay any amounts borrowed from the Secretary of the Treasury under subsection (d)(2). (j) Other Authorities, Limitations, and Effects.-- (1) Participation.--The Secretary may permit other entities to participate in the financing, construction, and ownership of eligible projects facilitated under this section. (2) Operations and maintenance.--Facilitation by the Secretary of an eligible project under this section does not create any obligation on the part of the Secretary to operate or maintain the eligible project. (3) Federal facilities.--For purposes of cost recovery under subsection (d)(4) and repayment of a loan issued under subsection (e)(1)(B), each eligible project facilitated by the Secretary under this section shall be treated as separate and distinct from-- (A) each other eligible project; and (B) all other Federal power and transmission facilities. (4) Effect on ancillary services authority and obligations.--Nothing in this section confers on the Secretary or any Federal power marketing administration any additional authority or obligation to provide ancillary services to users of transmission facilities constructed or upgraded under this section. [[Page 135 STAT. 940]] (5) Effect on western area power administration projects.-- Nothing in this section affects-- (A) any pending project application before the Western Area Power Administration under section 301 of the Hoover Power Plant Act of 1984 (42 U.S.C. 16421a); or (B) any agreement entered into by the Western Power Administration under that section. (6) Third-party finance.--Nothing in this section precludes an eligible project facilitated under this section from being eligible as a project under section 1222 of the Energy Policy Act of 2005 (42 U.S.C. 16421). (7) Limitation on loans.--An eligible project may not be the subject of both-- (A) a loan under subsection (e)(1)(B); and (B) a Federal loan under section 301 of the Hoover Power Plant Act of 1984 (42 U.S.C. 16421a). (8) Considerations.--In evaluating eligible projects for possible facilitation under this section, the Secretary shall prioritize projects that, to the maximum extent practicable-- (A) use technology that enhances the capacity, efficiency, resiliency, or reliability of an electric power transmission system, including-- (i) reconductoring of an existing electric power transmission line with advanced conductors; and (ii) hardware or software that enables dynamic line ratings, advanced power flow control, or grid topology optimization; (B) will improve the resiliency and reliability of an electric power transmission system; (C) facilitate interregional transfer capacity that supports strong and equitable economic growth; and (D) contribute to national or subnational goals to lower electricity sector greenhouse gas emissions. SEC. 40107. DEPLOYMENT OF TECHNOLOGIES TO ENHANCE GRID FLEXIBILITY. (a) In General.--Section 1306 of the Energy Independence and Security Act of 2007 (42 U.S.C. 17386) is amended-- (1) in subsection (b)-- (A) in the matter preceding paragraph (1), by striking ``the date of enactment of this Act'' and inserting ``the date of enactment of the Infrastructure Investment and Jobs Act''; (B) by redesignating paragraph (9) as paragraph (14); and (C) by inserting after paragraph (8) the following: ``(9) In the case of data analytics that enable software to engage in Smart Grid functions, the documented purchase costs of the data analytics. ``(10) In the case of buildings, the documented expenses for devices and software, including for installation, that allow buildings to engage in demand flexibility or Smart Grid functions. ``(11) In the case of utility communications, operational fiber and wireless broadband communications networks to enable data flow between distribution system components. [[Page 135 STAT. 941]] ``(12) In the case of advanced transmission technologies such as dynamic line rating, flow control devices, advanced conductors, network topology optimization, or other hardware, software, and associated protocols applied to existing transmission facilities that increase the operational transfer capacity of a transmission network, the documented expenditures to purchase and install those advanced transmission technologies. ``(13) In the case of extreme weather or natural disasters, the ability to redirect or shut off power to minimize blackouts and avoid further damage.''; and (2) in subsection (d)-- (A) by redesignating paragraph (9) as paragraph (16); and (B) by inserting after paragraph (8) the following: ``(9) The ability to use data analytics and software-as- service to provide flexibility by improving the visibility of the electrical system to grid operators that can help quickly rebalance the electrical system with autonomous controls. ``(10) The ability to facilitate the aggregation or integration of distributed energy resources to serve as assets for the grid. ``(11) The ability to provide energy storage to meet fluctuating electricity demand, provide voltage support, and integrate intermittent generation sources, including vehicle-to- grid technologies. ``(12) The ability of hardware, software, and associated protocols applied to existing transmission facilities to increase the operational transfer capacity of a transmission network. ``(13) The ability to anticipate and mitigate impacts of extreme weather or natural disasters on grid resiliency. ``(14) The ability to facilitate the integration of renewable energy resources, electric vehicle charging infrastructure, and vehicle-to-grid technologies. ``(15) The ability to reliably meet increased demand from electric vehicles and the electrification of appliances and other sectors.''. (b) <<NOTE: Time period.>> Authorization of Appropriations.--There is authorized to be appropriated to the Secretary to carry out the Smart Grid Investment Matching Grant Program established under section 1306(a) of the Energy Independence and Security Act of 2007 (42 U.S.C. 17386(a)) $3,000,000,000 for fiscal year 2022, to remain available through September 30, 2026. SEC. 40108. STATE ENERGY SECURITY PLANS. (a) In General.--Part D of title III of the Energy Policy and Conservation Act (42 U.S.C. 6321 et seq.) is amended-- (1) <<NOTE: 42 USC 6321.>> in section 361-- (A) by striking the section designation and heading and all that follows through ``The Congress'' and inserting the following: ``SEC. 361. FINDINGS; PURPOSE; DEFINITIONS. ``(a) Findings.--Congress''; (B) in subsection (b), by striking ``(b) It is'' and inserting the following: ``(b) Purpose.--It is''; and (C) by adding at the end the following: ``(c) Definitions.--In this part:''; (2) <<NOTE: 42 USC 6326.>> in section 366-- [[Page 135 STAT. 942]] (A) in paragraph (3)(B)(i), by striking ``approved under section 367, and'' ; and inserting ``; and''; (B) in each of paragraphs (1) through (8), by inserting a paragraph heading, the text of which is comprised of the term defined in the paragraph; and (C) by redesignating paragraphs (6) and (7) as paragraphs (7) and (6), respectively, and moving the paragraphs so as to appear in numerical order; (3) <<NOTE: 42 USC 6321, 6326.>> by moving paragraphs (1) through (8) of section 366 (as so redesignated) so as to appear after subsection (c) of section 361 (as designated by paragraph (1)(C)); and (4) by amending section 366 to read as follows: ``SEC. 366. STATE ENERGY SECURITY PLANS. ``(a) Definitions.--In this section: ``(1) Bulk-power system.--The term `bulk-power system' has the meaning given the term in section 215(a) of the Federal Power Act (16 U.S.C. 824o(a)). ``(2) State energy security plan.--The term `State energy security plan' means a State energy security plan described in subsection (b). ``(b) Financial Assistance for State Energy Security Plans.--Federal financial assistance made available to a State under this part may be used for the development, implementation, review, and revision of a State energy security plan that-- ``(1) assesses the existing circumstances in the State; and ``(2) proposes methods to strengthen the ability of the State, in consultation with owners and operators of energy infrastructure in the State-- ``(A) to secure the energy infrastructure of the State against all physical and cybersecurity threats; ``(B)(i) to mitigate the risk of energy supply disruptions to the State; and ``(ii) to enhance the response to, and recovery from, energy disruptions; and ``(C) to ensure that the State has reliable, secure, and resilient energy infrastructure. ``(c) Contents of Plan.--A State energy security plan shall-- ``(1) address all energy sources and regulated and unregulated energy providers; ``(2) provide a State energy profile, including an assessment of energy production, transmission, distribution, and end-use; ``(3) address potential hazards to each energy sector or system, including-- ``(A) physical threats and vulnerabilities; and ``(B) cybersecurity threats and vulnerabilities; ``(4) provide a risk assessment of energy infrastructure and cross-sector interdependencies; ``(5) provide a risk mitigation approach to enhance reliability and end-use resilience; and ``(6)(A) address-- ``(i) multi-State and regional coordination, planning, and response; and ``(ii) coordination with Indian Tribes with respect to planning and response; and ``(B) to the extent practicable, encourage mutual assistance in cyber and physical response plans. [[Page 135 STAT. 943]] ``(d) Coordination.--In developing or revising a State energy security plan, the State energy office of the State shall coordinate, to the extent practicable, with-- ``(1) the public utility or service commission of the State; ``(2) energy providers from the private and public sectors; and ``(3) other entities responsible for-- ``(A) maintaining fuel or electric reliability; and ``(B) securing energy infrastructure. ``(e) <<NOTE: Plans.>> Financial Assistance.--A State is not eligible to receive Federal financial assistance under this part for any purpose for a fiscal year unless the Governor of the State submits to the Secretary, with respect to that fiscal year-- ``(1) a State energy security plan that meets the requirements of subsection (c); or ``(2) <<NOTE: Review.>> after an annual review, carried out by the Governor, of a State energy security plan-- ``(A) any necessary revisions to the State energy security plan; or ``(B) <<NOTE: Certification.>> a certification that no revisions to the State energy security plan are necessary. ``(f) Technical Assistance.--On request of the Governor of a State, the Secretary, in consultation with the Secretary of Homeland Security, may provide information, technical assistance, and other assistance in the development, implementation, or revision of a State energy security plan. ``(g) Requirement.--Each State receiving Federal financial assistance under this part shall provide reasonable assurance to the Secretary that the State has established policies and procedures designed to assure that the financial assistance will be used-- ``(1) to supplement, and not to supplant, State and local funds; and ``(2) to the maximum extent practicable, to increase the amount of State and local funds that otherwise would be available, in the absence of the Federal financial assistance, for the implementation of a State energy security plan. ``(h) Protection of Information.--Information provided to, or collected by, the Federal Government pursuant to this section the disclosure of which the Secretary reasonably foresees could be detrimental to the physical security or cybersecurity of any electric utility or the bulk-power system-- ``(1) shall be exempt from disclosure under section 552(b)(3) of title 5, United States Code; and ``(2) shall not be made available by any Federal agency, State, political subdivision of a State, or Tribal authority pursuant to any Federal, State, political subdivision of a State, or Tribal law, respectively, requiring public disclosure of information or records. ``(i) Sunset.--The requirements of this section shall expire on October 31, 2025.''. (b) Clerical Amendments.--The table of contents of the Energy Policy and Conservation Act (Public Law 94-163; 89 Stat. 872) is amended-- (1) by striking the item relating to section 361 and inserting the following: ``Sec. 361. Findings; purpose; definitions.''; and [[Page 135 STAT. 944]] (2) by striking the item relating to section 366 and inserting the following: ``Sec. 366. State energy security plans.''. (c) Conforming Amendments.-- (1) Section 509(i)(3) of the Housing and Urban Development Act of 1970 (12 U.S.C. 1701z-8(i)(3)) is amended by striking ``prescribed for such terms in section 366 of the Energy Policy and Conservation Act'' and inserting ``given the terms in section 361(c) of the Energy Policy and Conservation Act''. (2) Section 363 of the Energy Policy and Conservation Act (42 U.S.C. 6323) is amended-- (A) by striking subsection (e); and (B) by redesignating subsection (f) as subsection (e). (3) Section 451(i)(3) of the Energy Conservation and Production Act (42 U.S.C. 6881(i)(3)) is amended by striking ``prescribed for such terms in section 366 of the Federal Energy Policy and Conservation Act'' and inserting ``given the terms in section 361(c) of the Energy Policy and Conservation Act''. SEC. 40109. STATE ENERGY PROGRAM. (a) Collaborative Transmission Siting.--Section 362(c) of the Energy Policy and Conservation Act (42 U.S.C. 6322(c)) is amended-- (1) in paragraph (5), by striking ``and'' at the end; (2) in paragraph (6), by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following: ``(7) the mandatory conduct of activities to support transmission and distribution planning, including-- ``(A) support for local governments and Indian Tribes; ``(B) feasibility studies for transmission line routes and alternatives; ``(C) preparation of necessary project design and permits; and ``(D) outreach to affected stakeholders.''. (b) State Energy Conservation Plans.--Section 362(d) of the Energy Policy and Conservation Act (42 U.S.C. 6322(d)) is amended by striking paragraph (3) and inserting the following: ``(3) programs to increase transportation energy efficiency, including programs to help reduce carbon emissions in the transportation sector by 2050 and accelerate the use of alternative transportation fuels for, and the electrification of, State government vehicles, fleet vehicles, taxis and ridesharing services, mass transit, school buses, ferries, and privately owned passenger and medium- and heavy-duty vehicles;''. (c) Authorization of Appropriations for State Energy Program.-- Section 365 of the Energy Policy and Conservation Act (42 U.S.C. 6325) is amended by striking subsection (f) and inserting the following: ``(f) Authorization of Appropriations.-- ``(1) <<NOTE: Time period.>> In general.--There is authorized to be appropriated to carry out this part $500,000,000 for the period of fiscal years 2022 through 2026. ``(2) Distribution.--Amounts made available under paragraph (1)-- [[Page 135 STAT. 945]] ``(A) shall be distributed to the States in accordance with the applicable distribution formula in effect on January 1, 2021; and ``(B) shall not be subject to the matching requirement described in the first proviso of the matter under the heading `energy conservation' under the heading `DEPARTMENT OF ENERGY' in title II of the Department of the Interior and Related Agencies Appropriations Act, 1985 (42 U.S.C. 6323a).''. SEC. 40110. <<NOTE: 16 USC 838m.>> POWER MARKETING ADMINISTRATION TRANSMISSION BORROWING AUTHORITY. (a) Borrowing Authority.-- (1) In general.--Subject to paragraph (2), for the purposes of providing funds to assist in the financing of the construction, acquisition, and replacement of the Federal Columbia River Power System and to implement the authority of the Administrator of the Bonneville Power Administration (referred to in this section as the ``Administrator'') under the Pacific Northwest Electric Power Planning and Conservation Act (16 U.S.C. 839 et seq.), an additional $10,000,000,000 in borrowing authority is made available under the Federal Columbia River Transmission System Act (16 U.S.C. 838 et seq.), to remain outstanding at any 1 time. (2) Limitation.--The obligation of additional borrowing authority under paragraph (1) shall not exceed $6,000,000,000 by fiscal year 2028. (b) Financial Plan.-- (1) In general.--The Administrator shall issue an updated financial plan by the end of fiscal year 2022. (2) Requirement.--As part of the process of issuing an updated financial plan under paragraph (1), the Administrator shall-- (A) consistent with asset management planning and sound business principles, consider projected and planned use and allocation of the borrowing authority of the Administrator across the mission responsibilities of the Bonneville Power Administration; and (B) before issuing the final updated financial plan-- (i) engage, in a manner determined by the Administrator, with customers with respect to a draft of the updated plan; and (ii) consider as a relevant factor any recommendations from customers regarding prioritization of asset investments. (c) Stakeholder Engagement.--The Administrator shall-- (1) engage, in a manner determined by the Administrator, with customers and stakeholders with respect to the financial and cost management efforts of the Administrator through periodic program reviews; and (2) to the maximum extent practicable, implement those policies that would be expected to be consistent with the lowest possible power and transmission rates consistent with sound business principles. (d) Repayment.--Any additional Treasury borrowing authority received under this section shall be fully repaid to the Treasury [[Page 135 STAT. 946]] in a manner consistent with the applicable self-financed Federal budget accounts. SEC. 40111. STUDY OF CODES AND STANDARDS FOR USE OF ENERGY STORAGE SYSTEMS ACROSS SECTORS. (a) In General.--The Secretary shall conduct a study of types and commercial applications of codes and standards applied to-- (1) stationary energy storage systems; (2) mobile energy storage systems; and (3) energy storage systems that move between stationary and mobile applications, such as electric vehicle batteries or batteries repurposed for new applications. (b) Purposes.--The purposes of the study conducted under subsection (a) shall be-- (1) to identify barriers, foster collaboration, and increase conformity across sectors relating to-- (A) use of emerging energy storage technologies; and (B) use cases, such as vehicle-to-grid integration; (2) to identify all existing codes and standards that apply to energy storage systems; (3) to identify codes and standards that require revision or enhancement; (4) to enhance the safe implementation of energy storage systems; and (5) to receive formal input from stakeholders regarding-- (A) existing codes and standards; and (B) new or revised codes and standards. (c) Consultation.--In conducting the study under subsection (a), the Secretary shall consult with all relevant standards-developing organizations and other entities with expertise regarding energy storage system safety. (d) Report.--Not later than 18 months after the date of enactment of this Act, the Secretary shall submit to Congress a report describing the results of the study conducted under subsection (a). SEC. 40112. DEMONSTRATION OF ELECTRIC VEHICLE BATTERY SECOND-LIFE APPLICATIONS FOR GRID SERVICES. Section 3201(c) of the Energy Act of 2020 (42 U.S.C. 17232(c)) is amended-- (1) in paragraph (1)-- (A) by striking the period at the end and inserting ``; and''; (B) by striking ``including at'' and inserting the following: ``including-- ``(A) at''; and (C) by adding at the end the following: ``(B) 1 project to demonstrate second-life applications of electric vehicle batteries as aggregated energy storage installations to provide services to the electric grid, in accordance with paragraph (3).''; (2) by redesignating paragraphs (3) and (4) as paragraphs (4) and (5), respectively; and (3) by inserting after paragraph (2) the following: ``(3) Demonstration of electric vehicle battery second-life applications for grid services.-- ``(A) In general.--The Secretary shall enter into an agreement to carry out a project to demonstrate second- [[Page 135 STAT. 947]] life applications of electric vehicle batteries as aggregated energy storage installations to provide services to the electric grid. ``(B) Purposes.--The purposes of the project under subparagraph (A) shall be-- ``(i) to demonstrate power safety and the reliability of the applications demonstrated under the program; ``(ii) to demonstrate the ability of electric vehicle batteries-- ``(I) to provide ancillary services for grid stability and management; and ``(II) to reduce the peak loads of homes and businesses; ``(iii) to extend the useful life of electric vehicle batteries and the components of electric vehicle batteries prior to the collection, recycling, and reprocessing of the batteries and components; and ``(iv) to increase acceptance of, and participation in, the use of second-life applications of electric vehicle batteries by utilities. ``(C) Priority.--In selecting a project to carry out under subparagraph (A), the Secretary shall give priority to projects in which the demonstration of the applicable second-life applications is paired with 1 or more facilities that could particularly benefit from increased resiliency and lower energy costs, such as a multi-family affordable housing facility, a senior care facility, and a community health center.''. SEC. 40113. <<NOTE: 16 UC 838n.>> COLUMBIA BASIN POWER MANAGEMENT. (a) Definitions.--In this section: (1) Account.--The term ``Account'' means the account established by subsection (b)(1). (2) Administrator.--The term ``Administrator'' means the Administrator of the Bonneville Power Administration. (3) Canadian entitlement.--The term ``Canadian Entitlement'' means the downstream power benefits that Canada is entitled to under Article V of the Treaty Relating to Cooperative Development of the Water Resources of the Columbia River Basin, signed at Washington January 17, 1961 (15 UST 1555; TIAS 5638). (b) Transmission Coordination and Expansion.-- (1) Establishment.--There is established in the Treasury an account for the purposes of making expenditures to increase bilateral transfers of renewable electric generation between the western United States and Canada. (2) Criteria.-- (A) In general.--The Administrator may make expenditures from the Account for activities to improve electric power system coordination by constructing electric power transmission facilities within the western United States that directly or indirectly facilitate non-carbon emitting electric power transactions between the western United States and Canada. (B) Application.--Subparagraph (A) shall be effective after the later of-- (i) September 16, 2024; and [[Page 135 STAT. 948]] (ii) the date on which the Canadian entitlement value calculation is terminated or reduced to the actual electric power value to the United States, as determined by the Administrator. (3) Consultation.--The Administrator shall consult with relevant electric utilities in Canada and appropriate regional transmission planning organizations in considering the construction of transmission activities under this subsection. (4) Authorization.--There is authorized to be appropriated to the Account a nonreimburseable amount equal to the aggregated amount of the Canadian Entitlement during the 5-year period preceding the date of enactment of this Act. (c) Increased Hydroelectric Capacity.-- (1) In general.--The Commissioner of Reclamation shall rehabilitate and enhance the John W. Keys III Pump Generating Plant-- (A) to replace obsolete equipment; (B) to maintain reliability and improve efficiency in system performance and operation; (C) to create more hydroelectric power capacity in the Pacific Northwest; and (D) to ensure the availability of water for irrigation in the event that Columbia River water flows from British Columbia into the United States are insufficient after September 16, 2024. (2) Authorization of appropriations.--There is authorized to be appropriated $100,000,000, which shall be nonreimburseable, to carry out this subsection. (d) Power Coordination Study.-- (1) In general.--The Administrator shall conduct a study considering the potential hydroelectric power value to the Pacific Northwest of increasing the coordination of the operation of hydroelectric and water storage facilities on rivers located in the United States and Canada. (2) Criteria.--The study conducted under paragraph (1) shall analyze-- (A) projected changes to the Pacific Northwest electricity supply; (B) potential reductions in greenhouse gas emissions; (C) any potential need to increase transmission capacity; and (D) any other factor the Administrator considers to be relevant for increasing bilateral coordination. (3) Coordination.--In conducting the study under paragraph (1), the Administrator shall coordinate, to the extent practicable, with-- (A) the British Columbia or a crown corporation owned by British Columbia; (B) the Assistant Secretary; (C) the Commissioner of Reclamation; and (D) any public utility districts that operate hydroelectric projects on the mainstem of the Columbia River. (4) Authorization of appropriations.--There is authorized to be appropriated $10,000,000, which shall be nonreimburseable, to carry out this subsection. [[Page 135 STAT. 949]] Subtitle B--Cybersecurity SEC. 40121. <<NOTE: 42 USC 18721.>> ENHANCING GRID SECURITY THROUGH PUBLIC-PRIVATE PARTNERSHIPS. (a) Definitions.--In this section: (1) Bulk-power system; electric reliability organization.-- The terms ``bulk-power system'' and ``Electric Reliability Organization'' has the meaning given the terms in section 215(a) of the Federal Power Act (16 U.S.C. 824o(a)). (2) Electric utility; state regulatory authority.--The terms ``electric utility'' and ``State regulatory authority'' have the meanings given the terms in section 3 of the Federal Power Act (16 U.S.C. 796). (b) Program to Promote and Advance Physical Security and Cybersecurity of Electric Utilities.-- (1) Establishment.--The Secretary, in coordination with the Secretary of Homeland Security and in consultation with, as the Secretary determines to be appropriate, the heads of other relevant Federal agencies, State regulatory authorities, industry stakeholders, and the Electric Reliability Organization, shall carry out a program-- (A) to develop, and provide for voluntary implementation of, maturity models, self-assessments, and auditing methods for assessing the physical security and cybersecurity of electric utilities; (B) to assist with threat assessment and cybersecurity training for electric utilities; (C) to provide technical assistance for electric utilities subject to the program; (D) to provide training to electric utilities to address and mitigate cybersecurity supply chain management risks; (E) to advance, in partnership with electric utilities, the cybersecurity of third-party vendors that manufacture components of the electric grid; (F) to increase opportunities for sharing best practices and data collection within the electric sector; and (G) to assist, in the case of electric utilities that own defense critical electric infrastructure (as defined in section 215A(a) of the Federal Power Act (16 U.S.C. 824o-1(a))), with full engineering reviews of critical functions and operations at both the utility and defense infrastructure levels-- (i) to identify unprotected avenues for cyber- enabled sabotage that would have catastrophic effects to national security; and (ii) to recommend and implement engineering protections to ensure continued operations of identified critical functions even in the face of constant cyber attacks and achieved perimeter access by sophisticated adversaries. (2) Scope.--In carrying out the program under paragraph (1), the Secretary shall-- (A) take into consideration-- (i) the different sizes of electric utilities; and (ii) the regions that electric utilities serve; (B) prioritize electric utilities with fewer available resources due to size or region; and [[Page 135 STAT. 950]] (C) to the maximum extent practicable, use and leverage-- (i) existing Department and Department of Homeland Security programs; and (ii) existing programs of the Federal agencies determined to be appropriate under paragraph (1). (c) <<NOTE: Consultation. Determination.>> Report on Cybersecurity of Distribution Systems.--Not later than 1 year after the date of enactment of this Act, the Secretary, in coordination with the Secretary of Homeland Security and in consultation with, as the Secretary determines to be appropriate, the heads of other Federal agencies, State regulatory authorities, and industry stakeholders, shall submit to Congress a report that assesses-- (1) priorities, policies, procedures, and actions for enhancing the physical security and cybersecurity of electricity distribution systems, including behind-the-meter generation, storage, and load management devices, to address threats to, and vulnerabilities of, electricity distribution systems; and (2) the implementation of the priorities, policies, procedures, and actions assessed under paragraph (1), including-- (A) an estimate of potential costs and benefits of the implementation; and (B) an assessment of any public-private cost-sharing opportunities. (d) Protection of Information.--Information provided to, or collected by, the Federal Government pursuant to this section the disclosure of which the Secretary reasonably foresees could be detrimental to the physical security or cybersecurity of any electric utility or the bulk-power system-- (1) shall be exempt from disclosure under section 552(b)(3) of title 5, United States Code; and (2) shall not be made available by any Federal agency, State, political subdivision of a State, or Tribal authority pursuant to any Federal, State, political subdivision of a State, or Tribal law, respectively, requiring public disclosure of information or records. SEC. 40122. <<NOTE: 42 USC 18722.>> ENERGY CYBER SENSE PROGRAM. (a) Definitions.--In this section: (1) Bulk-power system.--The term ``bulk-power system'' has the meaning given the term in section 215(a) of the Federal Power Act (16 U.S.C. 824o(a)). (2) Program.--The term ``program'' means the voluntary Energy Cyber Sense program established under subsection (b). (b) <<NOTE: Consultation.>> Establishment.--The Secretary, in coordination with the Secretary of Homeland Security and in consultation with the heads of other relevant Federal agencies, shall establish a voluntary Energy Cyber Sense program to test the cybersecurity of products and technologies intended for use in the energy sector, including in the bulk-power system. (c) Program Requirements.--In carrying out subsection (b), the Secretary, in coordination with the Secretary of Homeland Security and in consultation with the heads of other relevant Federal agencies, shall-- (1) establish a testing process under the program to test the cybersecurity of products and technologies intended for [[Page 135 STAT. 951]] use in the energy sector, including products relating to industrial control systems and operational technologies, such as supervisory control and data acquisition systems; (2) for products and technologies tested under the program, establish and maintain cybersecurity vulnerability reporting processes and a related database that are integrated with Federal vulnerability coordination processes; (3) provide technical assistance to electric utilities, product manufacturers, and other energy sector stakeholders to develop solutions to mitigate identified cybersecurity vulnerabilities in products and technologies tested under the program; (4) biennially review products and technologies tested under the program for cybersecurity vulnerabilities and provide analysis with respect to how those products and technologies respond to and mitigate cyber threats; (5) develop guidance that is informed by analysis and testing results under the program for electric utilities and other components of the energy sector for the procurement of products and technologies; (6) provide reasonable notice to, and solicit comments from, the public prior to establishing or revising the testing process under the program; (7) oversee the testing of products and technologies under the program; and (8) consider incentives to encourage the use of analysis and results of testing under the program in the design of products and technologies for use in the energy sector. (d) Protection of Information.--Information provided to, or collected by, the Federal Government pursuant to this section the disclosure of which the Secretary reasonably foresees could be detrimental to the physical security or cybersecurity of any component of the energy sector, including any electric utility or the bulk-power system-- (1) shall be exempt from disclosure under section 552(b)(3) of title 5, United States Code; and (2) shall not be made available by any Federal agency, State, political subdivision of a State, or Tribal authority pursuant to any Federal, State, political subdivision of a State, or Tribal law, respectively, requiring public disclosure of information or records. (e) Federal Government Liability.--Nothing in this section authorizes the commencement of an action against the United States with respect to the testing of a product or technology under the program. SEC. 40123. INCENTIVES FOR ADVANCED CYBERSECURITY TECHNOLOGY INVESTMENT. Part II of the Federal Power Act is amended by inserting after section 219 (16 U.S.C. 824s) the following: ``SEC. 219A. <<NOTE: 16 USC 824s-1.>> INCENTIVES FOR CYBERSECURITY INVESTMENTS. ``(a) Definitions.--In this section: ``(1) Advanced cybersecurity technology.--The term `advanced cybersecurity technology' means any technology, operational capability, or service, including computer hardware, software, or a related asset, that enhances the security posture of public utilities through improvements in the ability to protect against, detect, respond to, or recover from a cybersecurity [[Page 135 STAT. 952]] threat (as defined in section 102 of the Cybersecurity Act of 2015 (6 U.S.C. 1501)). ``(2) Advanced cybersecurity technology information.--The term `advanced cybersecurity technology information' means information relating to advanced cybersecurity technology or proposed advanced cybersecurity technology that is generated by or provided to the Commission or another Federal agency. ``(b) <<NOTE: Deadline. Consultation.>> Study.--Not later than 180 days after the date of enactment of this section, the Commission, in consultation with the Secretary of Energy, the North American Electric Reliability Corporation, the Electricity Subsector Coordinating Council, and the National Association of Regulatory Utility Commissioners, shall conduct a study to identify incentive-based, including performance- based, rate treatments for the transmission and sale of electric energy subject to the jurisdiction of the Commission that could be used to encourage-- ``(1) investment by public utilities in advanced cybersecurity technology; and ``(2) participation by public utilities in cybersecurity threat information sharing programs. ``(c) <<NOTE: Deadline.>> Incentive-Based Rate Treatment.--Not later than 1 year after the completion of the study under subsection (b), the Commission shall establish, by rule, incentive-based, including performance-based, rate treatments for the transmission of electric energy in interstate commerce and the sale of electric energy at wholesale in interstate commerce by public utilities for the purpose of benefitting consumers by encouraging-- ``(1) investments by public utilities in advanced cybersecurity technology; and ``(2) participation by public utilities in cybersecurity threat information sharing programs. ``(d) Factors for Consideration.--In issuing a rule pursuant to this section, the Commission may provide additional incentives beyond those identified in subsection (c) in any case in which the Commission determines that an investment in advanced cybersecurity technology or information sharing program costs will reduce cybersecurity risks to-- ``(1) defense critical electric infrastructure (as defined in section 215A(a)) and other facilities subject to the jurisdiction of the Commission that are critical to public safety, national defense, or homeland security, as determined by the Commission in consultation with-- ``(A) the Secretary of Energy; ``(B) the Secretary of Homeland Security; and ``(C) other appropriate Federal agencies; and ``(2) facilities of small or medium-sized public utilities with limited cybersecurity resources, as determined by the Commission. ``(e) Ratepayer Protection.-- ``(1) In general.--Any rate approved under a rule issued pursuant to this section, including any revisions to that rule, shall be subject to the requirements of sections 205 and 206 that all rates, charges, terms, and conditions-- ``(A) shall be just and reasonable; and ``(B) shall not be unduly discriminatory or preferential. [[Page 135 STAT. 953]] ``(2) Prohibition of duplicate recovery.--Any rule issued pursuant to this section shall preclude rate treatments that allow unjust and unreasonable double recovery for advanced cybersecurity technology. ``(f) Single-Issue Rate Filings.--The Commission shall permit public utilities to apply for incentive-based rate treatment under a rule issued under this section on a single-issue basis by submitting to the Commission a tariff schedule under section 205 that permits recovery of costs and incentives over the depreciable life of the applicable assets, without regard to changes in receipts or other costs of the public utility. ``(g) Protection of Information.--Advanced cybersecurity technology information that is provided to, generated by, or collected by the Federal Government under subsection (b), (c), or (f) shall be considered to be critical electric infrastructure information under section 215A.''. SEC. 40124. <<NOTE: 42 USC 18723.>> RURAL AND MUNICIPAL UTILITY ADVANCED CYBERSECURITY GRANT AND TECHNICAL ASSISTANCE PROGRAM. (a) Definitions.--In this section: (1) Advanced cybersecurity technology.--The term ``advanced cybersecurity technology'' means any technology, operational capability, or service, including computer hardware, software, or a related asset, that enhances the security posture of electric utilities through improvements in the ability to protect against, detect, respond to, or recover from a cybersecurity threat (as defined in section 102 of the Cybersecurity Act of 2015 (6 U.S.C. 1501)). (2) Bulk-power system.--The term ``bulk-power system'' has the meaning given the term in section 215(a) of the Federal Power Act (16 U.S.C. 824o(a)). (3) Eligible entity.--The term ``eligible entity'' means-- (A) a rural electric cooperative; (B) a utility owned by a political subdivision of a State, such as a municipally owned electric utility; (C) a utility owned by any agency, authority, corporation, or instrumentality of 1 or more political subdivisions of a State; (D) a not-for-profit entity that is in a partnership with not fewer than 6 entities described in subparagraph (A), (B), or (C); and (E) an investor-owned electric utility that sells less than 4,000,000 megawatt hours of electricity per year. (4) Program.--The term ``Program'' means the Rural and Municipal Utility Advanced Cybersecurity Grant and Technical Assistance Program established under subsection (b). (b) <<NOTE: Deadline. Consultation.>> Establishment.--Not later than 180 days after the date of enactment of this Act, the Secretary, in coordination with the Secretary of Homeland Security and in consultation with the Federal Energy Regulatory Commission, the North American Electric Reliability Corporation, and the Electricity Subsector Coordinating Council, shall establish a program, to be known as the ``Rural and Municipal Utility Advanced Cybersecurity Grant and Technical Assistance Program'', to provide grants and technical assistance to, and enter into cooperative agreements with, eligible entities to protect against, detect, respond to, and recover from cybersecurity threats. [[Page 135 STAT. 954]] (c) Objectives.--The objectives of the Program shall be-- (1) to deploy advanced cybersecurity technologies for electric utility systems; and (2) to increase the participation of eligible entities in cybersecurity threat information sharing programs. (d) Awards.-- (1) In general.--The Secretary-- (A) shall award grants and provide technical assistance under the Program to eligible entities on a competitive basis; (B) shall develop criteria and a formula for awarding grants and providing technical assistance under the Program; (C) may enter into cooperative agreements with eligible entities that can facilitate the objectives described in subsection (c); and (D) shall establish a process to ensure that all eligible entities are informed about and can become aware of opportunities to receive grants or technical assistance under the Program. (2) Priority for grants and technical assistance.--In awarding grants and providing technical assistance under the Program, the Secretary shall give priority to an eligible entity that, as determined by the Secretary-- (A) has limited cybersecurity resources; (B) owns assets critical to the reliability of the bulk-power system; or (C) owns defense critical electric infrastructure (as defined in section 215A(a) of the Federal Power Act (16 U.S.C. 824o-1(a))). (e) Protection of Information.--Information provided to, or collected by, the Federal Government pursuant to this section the disclosure of which the Secretary reasonably foresees could be detrimental to the physical security or cybersecurity of any electric utility or the bulk-power system-- (1) shall be exempt from disclosure under section 552(b)(3) of title 5, United States Code; and (2) shall not be made available by any Federal agency, State, political subdivision of a State, or Tribal authority pursuant to any Federal, State, political subdivision of a State, or Tribal law, respectively, requiring public disclosure of information or records. (f) <<NOTE: Time period.>> Authorization of Appropriations.--There is authorized to be appropriated to the Secretary to carry out this section $250,000,000 for the period of fiscal years 2022 through 2026. SEC. 40125. <<NOTE: 42 USC 18724.>> ENHANCED GRID SECURITY. (a) Definitions.--In this section: (1) Electric utility.--The term ``electric utility'' has the meaning given the term in section 3 of the Federal Power Act (16 U.S.C. 796). (2) E-ISAC.--The term ``E-ISAC'' means the Electricity Information Sharing and Analysis Center. (b) Cybersecurity for the Energy Sector Research, Development, and Demonstration Program.-- (1) In general.--The Secretary, in coordination with the Secretary of Homeland Security and in consultation with, as [[Page 135 STAT. 955]] determined appropriate, other Federal agencies, the energy sector, the States, Indian Tribes, Tribal organizations, territories or freely associated states, and other stakeholders, shall develop and carry out a program-- (A) to develop advanced cybersecurity applications and technologies for the energy sector-- (i) to identify and mitigate vulnerabilities, including-- (I) dependencies on other critical infrastructure; (II) impacts from weather and fuel supply; (III) increased dependence on inverter-based technologies; and (IV) vulnerabilities from unpatched hardware and software systems; and (ii) to advance the security of field devices and third-party control systems, including-- (I) systems for generation, transmission, distribution, end use, and market functions; (II) specific electric grid elements including advanced metering, demand response, distribution, generation, and electricity storage; (III) forensic analysis of infected systems; (IV) secure communications; and (V) application of in-line edge security solutions; (B) to leverage electric grid architecture as a means to assess risks to the energy sector, including by implementing an all-hazards approach to communications infrastructure, control systems architecture, and power systems architecture; (C) to perform pilot demonstration projects with the energy sector to gain experience with new technologies; (D) to develop workforce development curricula for energy sector-related cybersecurity; and (E) to develop improved supply chain concepts for secure design of emerging digital components and power electronics. (2) <<NOTE: Time period.>> Authorization of appropriations.--There is authorized to be appropriated to the Secretary to carry out this subsection $250,000,000 for the period of fiscal years 2022 through 2026. (c) Energy Sector Operational Support for Cyberresilience Program.-- (1) In general.--The Secretary may develop and carry out a program-- (A) to enhance and periodically test-- (i) the emergency response capabilities of the Department; and (ii) the coordination of the Department with other agencies, the National Laboratories, and private industry; (B) to expand cooperation of the Department with the intelligence community for energy sector-related threat collection and analysis; (C) to enhance the tools of the Department and E- ISAC for monitoring the status of the energy sector; [[Page 135 STAT. 956]] (D) to expand industry participation in E-ISAC; and (E) to provide technical assistance to small electric utilities for purposes of assessing and improving cybermaturity levels and addressing gaps identified in the assessment. (2) <<NOTE: Time period.>> Authorization of appropriations.--There is authorized to be appropriated to the Secretary to carry out this subsection $50,000,000 for the period of fiscal years 2022 through 2026. (d) Modeling and Assessing Energy Infrastructure Risk.-- (1) In general.--The Secretary, in coordination with the Secretary of Homeland Security, shall develop and carry out an advanced energy security program to secure energy networks, including-- (A) electric networks; (B) natural gas networks; and (C) oil exploration, transmission, and delivery networks. (2) Security and resiliency objective.--The objective of the program developed under paragraph (1) is to increase the functional preservation of electric grid operations or natural gas and oil operations in the face of natural and human-made threats and hazards, including electric magnetic pulse and geomagnetic disturbances. (3) Eligible activities.--In carrying out the program developed under paragraph (1), the Secretary may-- (A) develop capabilities to identify vulnerabilities and critical components that pose major risks to grid security if destroyed or impaired; (B) provide modeling at the national level to predict impacts from natural or human-made events; (C) add physical security to the cybersecurity maturity model; (D) conduct exercises and assessments to identify and mitigate vulnerabilities to the electric grid, including providing mitigation recommendations; (E) conduct research on hardening solutions for critical components of the electric grid; (F) conduct research on mitigation and recovery solutions for critical components of the electric grid; and (G) provide technical assistance to States and other entities for standards and risk analysis. (4) Savings provision.--Nothing in this section authorizes new regulatory requirements. (5) <<NOTE: Time period.>> Authorization of appropriations.--There is authorized to be appropriated to the Secretary to carry out this subsection $50,000,000 for the period of fiscal years 2022 through 2026. SEC. 40126. <<NOTE: 42 USC 18725.>> CYBERSECURITY PLAN. (a) In General.--The Secretary may require, as the Secretary determines appropriate, a recipient of any award or other funding under this division-- (1) to submit to the Secretary, prior to the issuance of the award or other funding, a cybersecurity plan that demonstrates the cybersecurity maturity of the recipient in the [[Page 135 STAT. 957]] context of the project for which that award or other funding was provided; and (2) establish a plan for maintaining and improving cybersecurity throughout the life of the proposed solution of the project. (b) Contents of Cybersecurity Plan.--A cybersecurity plan described in subsection (a) shall, at a minimum, describe how the recipient described in that subsection-- (1) plans to maintain cybersecurity between networks, systems, devices, applications, or components-- (A) within the proposed solution of the project; and (B) at the necessary external interfaces at the proposed solution boundaries; (2) will perform ongoing evaluation of cybersecurity risks to address issues as the issues arise throughout the life of the proposed solution; (3) will report known or suspected network or system compromises of the project to the Secretary; and (4) will leverage applicable cybersecurity programs of the Department, including cyber vulnerability testing and security engineering evaluations. (c) Additional Guidance.--Each recipient described in subsection (a) should-- (1) maximize the use of open guidance and standards, including, wherever possible-- (A) the Cybersecurity Capability Maturity Model of the Department (or a successor model); and (B) the Framework for Improving Critical Infrastructure Cybersecurity of the National Institute of Standards and Technology; and (2) document -- (A) any deviation from open standards; and (B) the utilization of proprietary standards where the recipient determines that such deviation necessary. (d) Coordination.--The Office of Cybersecurity, Energy Security, and Emergency Response of the Department shall review each cybersecurity plan submitted under subsection (a) to ensure integration with Department research, development, and demonstration programs. (e) Protection of Information.--Information provided to, or collected by, the Federal Government pursuant to this section the disclosure of which the Secretary reasonably foresees could be detrimental to the physical security or cybersecurity of any electric utility or the bulk-power system-- (1) shall be exempt from disclosure under section 552(b)(3) of title 5, United States Code; and (2) shall not be made available by any Federal agency, State, political subdivision of a State, or Tribal authority pursuant to any Federal, State, political subdivision of a State, or Tribal law, respectively, requiring public disclosure of information or records. SEC. 40127. <<NOTE: 42 USC 18726.>> SAVINGS PROVISION. Nothing in this subtitle affects the authority, existing on the day before the date of enactment of this Act, of any other Federal department or agency, including the authority provided to the Secretary of Homeland Security and the Director of the Cybersecurity [[Page 135 STAT. 958]] and Infrastructure Security Agency in title XXII of the Homeland Security Act of 2002 (6 U.S.C. 651 et seq.). TITLE II--SUPPLY CHAINS FOR CLEAN ENERGY TECHNOLOGIES SEC. 40201. <<NOTE: 43 USC 311.>> EARTH MAPPING RESOURCES INITIATIVE. (a) Definition of Critical Mineral.--In this section, the term ``critical mineral'' has the meaning given the term in section 7002(a) of the Energy Act of 2020 (30 U.S.C. 1606(a)). (b) Establishment.--There is established within the United States Geological Survey an initiative, to be known as the ``Earth Mapping Resources Initiative'' (referred to in this section as the ``Initiative''). (c) Purpose.--The purpose of the Initiative shall be to accelerate efforts to carry out the fundamental resources and mapping mission of the United States Geological Survey by-- (1) providing integrated topographic, geologic, geochemical, and geophysical mapping; (2) accelerating the integration and consolidation of geospatial and resource data; and (3) providing interpretation of subsurface and above-ground mineral resources data. (d) Cooperative Agreements.-- (1) In general.--In carrying out the Initiative, the Director of the United States Geological Survey may enter into cooperative agreements with State geological surveys. (2) Effect.--Nothing in paragraph (1) precludes the Director of the United States Geological Survey from using existing contracting authorities in carrying out the Initiative. (e) Comprehensive Mapping Modernization.-- (1) <<NOTE: Deadline.>> In general.--Not later than 10 years after the date of enactment of this Act, the Initiative shall complete an initial comprehensive national modern surface and subsurface mapping and data integration effort. (2) Approach.--In carrying out paragraph (1) with regard to minerals, mineralization, and mineral deposits, the Initiative shall focus on the full range of minerals, using a whole ore body approach rather than a single commodity approach, to emphasize all of the recoverable critical minerals in a given surface or subsurface deposit. (3) Priority.--In carrying out paragraph (1) with regard to minerals, mineralization, and mineral deposits, the Initiative shall prioritize mapping and assessing critical minerals. (4) Inclusions.--In carrying out paragraph (1), the Initiative shall also-- (A) map and collect data for areas containing mine waste to increase understanding of above-ground critical mineral resources in previously disturbed areas; and (B) provide for analysis of samples, including samples within the National Geological and Geophysical Data Preservation Program established under section 351(b) of the Energy Policy Act of 2005 (42 U.S.C. 15908(b)) for the occurrence of critical minerals. [[Page 135 STAT. 959]] (f) Availability.--The Initiative shall make the geospatial data and metadata gathered by the Initiative under subsection (e)(1) electronically publicly accessible on an ongoing basis. (g) Integration of Data Sources.--The Initiative shall integrate data sources, including data from-- (1) the National Cooperative Geologic Mapping Program established by section 4(a)(1) of the National Geologic Mapping Act of 1992 (43 U.S.C. 31c(a)(1)); (2) the National Geological and Geophysical Data Preservation Program established under section 351(b) of the Energy Policy Act of 2005 (42 U.S.C. 15908(b)); (3) the USMIN Mineral Deposit Database of the United States Geological Survey; (4) the 3D Elevation Program established under section 5(a) of the National Landslide Preparedness Act (43 U.S.C. 3104(a)); and (5) other relevant sources, including sources providing geothermal resources data. (h) <<NOTE: Time period.>> Authorization of Appropriations.--There is authorized to be appropriated to the Secretary to carry out this section $320,000,000 for the period of fiscal years 2022 through 2026, to remain available until expended. SEC. 40202. NATIONAL COOPERATIVE GEOLOGIC MAPPING PROGRAM. (a) In General.--Section 4(d) of the National Geologic Mapping Act of 1992 (43 U.S.C. 31c(d)) is amended by adding at the end the following: ``(4) Abandoned mine land and mine waste component.-- ``(A) In general.--The geologic mapping program shall include an abandoned mine land and mine waste geologic mapping component, the objective of which shall be to establish the geologic framework of abandoned mine land and other land containing mine waste. ``(B) Mapping priorities.--For the component described in subparagraph (A), the priority shall be mapping abandoned mine land and other land containing mine waste where multiple critical mineral (as defined in section 7002(a) of the Energy Act of 2020 (30 U.S.C. 1606(a))) and metal commodities are anticipated to be present, rather than single mineral resources.''. (b) Authorization of Appropriations.--Section 9(a) of the National Geologic Mapping Act of 1992 (43 U.S.C. 31h(a)) is amended by striking ``2023'' and inserting ``2031''. SEC. 40203. NATIONAL GEOLOGICAL AND GEOPHYSICAL DATA PRESERVATION PROGRAM. Section 351(b) of the Energy Policy Act of 2005 (42 U.S.C. 15908(b)) is amended-- (1) in paragraph (2), by striking ``and'' after the semicolon; (2) in paragraph (3), by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following: ``(4) to provide for preservation of samples to track geochemical signatures from critical mineral (as defined in section 7002(a) of the Energy Act of 2020 (30 U.S.C. 1606(a))) ore bodies for use in provenance tracking frameworks.''. [[Page 135 STAT. 960]] SEC. 40204. <<NOTE: 43 USC 50e.>> USGS ENERGY AND MINERALS RESEARCH FACILITY. (a) Establishment.--The Director of the United States Geological Survey (referred to in this section as the ``Director''), shall fund, through a cooperative agreement with an academic partner, the design, construction, and tenant build-out of a facility to support energy and minerals research and appurtenant associated structures. (b) Ownership.--The United States Geological Survey shall retain ownership of the facility and associated structures described in subsection (a). (c) Agreements.--The Director may enter into agreements with, and to collect and expend funds or in-kind contributions from, academic, Federal, State, or other tenants over the life of the facility described in subsection (a) for the purposes of-- (1) facility planning; (2) design; (3) maintenance; (4) operation; or (5) facility improvements. (d) Leases.--The Director may enter into a lease or other agreement with the academic partner with which the Director has entered into a cooperative agreement under subsection (a), at no cost to the Federal Government, to obtain land on which to construct the facility described in that subsection for a term of not less than 99 years. (e) Reports.--The Director shall submit to Congress annual reports on-- (1) the facility described in subsection (a); and (2) the authorities used under this section. (f) Authorization of Appropriations.--There is authorized to be appropriated to the Secretary of the Interior to carry out this section $167,000,000 for fiscal year 2022, to remain available until expended. SEC. 40205. RARE EARTH ELEMENTS DEMONSTRATION FACILITY. Section 7001 of the Energy Act of 2020 (42 U.S.C. 13344) is amended-- (1) in subsection (b), by inserting ``and annually thereafter while the facility established under subsection (c) remains in operation,'' after ``enactment of this Act,''; (2) by redesignating subsection (c) as subsection (d); and (3) by inserting after subsection (b) the following: ``(c) Rare Earth Demonstration Facility.-- ``(1) Establishment.--In coordination with the research program under subsection (a)(1)(A), the Secretary shall fund, through an agreement with an academic partner, the design, construction, and build-out of a facility to demonstrate the commercial feasibility of a full-scale integrated rare earth element extraction and separation facility and refinery. ``(2) Facility activities.--The facility established under paragraph (1) shall-- ``(A) provide environmental benefits through use of feedstock derived from acid mine drainage, mine waste, or other deleterious material; ``(B) separate mixed rare earth oxides into pure oxides of each rare earth element; [[Page 135 STAT. 961]] ``(C) refine rare earth oxides into rare earth metals; and ``(D) provide for separation of rare earth oxides and refining into rare earth metals at a single site. ``(3) Authorization of appropriations.--There is authorized to be appropriated to the Secretary to carry out this subsection $140,000,000 for fiscal year 2022, to remain available until expended.''. SEC. 40206. <<NOTE: 30 USC 1607.>> CRITICAL MINERALS SUPPLY CHAINS AND RELIABILITY. (a) Definition of Critical Mineral.--In this section, the term ``critical mineral'' has the meaning given the term in section 7002(a) of the Energy Act of 2020 (30 U.S.C. 1606(a)). (b) Sense of Congress.--It is the sense of Congress that-- (1) critical minerals are fundamental to the economy, competitiveness, and security of the United States; (2) many critical minerals are only economic to recover when combined with the production of a host mineral; (3) to the maximum extent practicable, the critical mineral needs of the United States should be satisfied by minerals responsibly produced and recycled in the United States; and (4) the Federal permitting process has been identified as an impediment to mineral production and the mineral security of the United States. (c) Federal Permitting and Review Performance Improvements.--To improve the quality and timeliness of Federal permitting and review processes with respect to critical mineral production on Federal land, the Secretary of the Interior, acting through the Director of the Bureau of Land Management, and the Secretary of Agriculture, acting through the Chief of the Forest Service (referred to in this section as the ``Secretaries''), to the maximum extent practicable, shall complete the Federal permitting and review processes with maximum efficiency and effectiveness, while supporting vital economic growth, by-- (1) establishing and adhering to timelines and schedules for the consideration of, and final decisions regarding, applications, operating plans, leases, licenses, permits, and other use authorizations for critical mineral-related activities on Federal land; (2) establishing clear, quantifiable, and temporal permitting performance goals and tracking progress against those goals; (3) engaging in early collaboration among agencies, project sponsors, and affected stakeholders-- (A) to incorporate and address the interests of those parties; and (B) to minimize delays; (4) ensuring transparency and accountability by using cost- effective information technology to collect and disseminate information regarding individual projects and agency performance; (5) engaging in early and active consultation with State, local, and Tribal governments-- (A) to avoid conflicts or duplication of effort; (B) to resolve concerns; and (C) to allow for concurrent, rather than sequential, reviews; [[Page 135 STAT. 962]] (6) providing demonstrable improvements in the performance of Federal permitting and review processes, including lower costs and more timely decisions; (7) expanding and institutionalizing Federal permitting and review process improvements that have proven effective; (8) developing mechanisms to better communicate priorities and resolve disputes among agencies at the national, regional, State, and local levels; and (9) developing other practices, such as preapplication procedures. (d) Review and Report.--Not later than 1 year after the date of enactment of this Act, the Secretaries shall submit to Congress a report that-- (1) identifies additional measures, including regulatory and legislative proposals, if appropriate, that would increase the timeliness of permitting activities for the exploration and development of domestic critical minerals; (2) identifies options, including cost recovery paid by permit applicants, for ensuring adequate staffing and training of Federal entities and personnel responsible for the consideration of applications, operating plans, leases, licenses, permits, and other use authorizations for critical mineral-related activities on Federal land; (3) quantifies the period of time typically required to complete each step associated with the development and processing of applications, operating plans, leases, licenses, permits, and other use authorizations for critical mineral- related activities on Federal land, including by-- (A) calculating the range, the mean, the median, the variance, and other statistical measures or representations of the period of time; and (B) taking into account other aspects that affect the period of time that are outside the control of the Executive branch, such as judicial review, applicant decisions, or State and local government involvement; and (4) describes actions carried out pursuant to subsection (c). (e) <<NOTE: Deadline.>> Performance Metric.--Not later than 90 days after the date of submission of the report under subsection (d), and after providing public notice and an opportunity to comment, the Secretaries, using as a baseline the period of time quantified under paragraph (3) of that subsection, shall develop and publish a performance metric for evaluating the progress made by the Executive branch to expedite the permitting of activities that will increase exploration for, and development of, domestic critical minerals, while maintaining environmental standards. (f) Annual Reports.--Not later than the date on which the President submits the first budget of the President under section 1105 of title 31, United States Code, after publication of the performance metric required under subsection (e), and annually thereafter, the Secretaries shall submit to Congress a report that-- (1) summarizes the implementation of recommendations, measures, and options identified in paragraphs (1) and (2) of subsection (d); (2) using the performance metric developed under subsection (e), describes progress made by the Executive branch, as compared to the baseline developed pursuant to subsection [[Page 135 STAT. 963]] (d)(3), in expediting the permitting of activities that will increase exploration for, and development of, domestic critical minerals; and (3) compares the United States to other countries in terms of permitting efficiency and any other criteria relevant to the globally competitive critical minerals industry. (g) <<NOTE: Data. Public information. Website.>> Individual Projects.--Each year, using data contained in the reports submitted under subsection (f), the Director of the Office of Management and Budget shall prioritize inclusion of individual critical mineral projects on the website operated by the Office of Management and Budget in accordance with section 1122 of title 31, United States Code. SEC. 40207. <<NOTE: 42 USC 18741.>> BATTERY PROCESSING AND MANUFACTURING. (a) Definitions.--In this section: (1) Advanced battery.--The term ``advanced battery'' means a battery that consists of a battery cell that can be integrated into a module, pack, or system to be used in energy storage applications, including electric vehicles and the electric grid. (2) Advanced battery component.-- (A) In general.--The term ``advanced battery component'' means a component of an advanced battery. (B) Inclusions.--The term ``advanced battery component'' includes materials, enhancements, enclosures, anodes, cathodes, electrolytes, cells, and other associated technologies that comprise an advanced battery. (3) Battery material.--The term ``battery material'' means the raw and processed form of a mineral, metal, chemical, or other material used in an advanced battery component. (4) Eligible entity.--The term ``eligible entity'' means an entity described in any of paragraphs (1) through (5) of section 989(b) of the Energy Policy Act of 2005 (42 U.S.C. 16353(b)). (5) Foreign entity of concern.--The term ``foreign entity of concern'' means a foreign entity that is-- (A) designated as a foreign terrorist organization by the Secretary of State under section 219(a) of the Immigration and Nationality Act (8 U.S.C. 1189(a)); (B) included on the list of specially designated nationals and blocked persons maintained by the Office of Foreign Assets Control of the Department of the Treasury (commonly known as the ``SDN list''); (C) owned by, controlled by, or subject to the jurisdiction or direction of a government of a foreign country that is a covered nation (as defined in section 2533c(d) of title 10, United States Code); (D) alleged by the Attorney General to have been involved in activities for which a conviction was obtained under-- (i) chapter 37 of title 18, United States Code (commonly known as the ``Espionage Act''); (ii) section 951 or 1030 of title 18, United States Code; (iii) chapter 90 of title 18, United States Code (commonly known as the ``Economic Espionage Act of 1996''); [[Page 135 STAT. 964]] (iv) the Arms Export Control Act (22 U.S.C. 2751 et seq.); (v) section 224, 225, 226, 227, or 236 of the Atomic Energy Act of 1954 (42 U.S.C. 2274, 2275, 2276, 2277, and 2284); (vi) the Export Control Reform Act of 2018 (50 U.S.C. 4801 et seq.); or (vii) the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.); or (E) <<NOTE: Consultation.>> determined by the Secretary, in consultation with the Secretary of Defense and the Director of National Intelligence, to be engaged in unauthorized conduct that is detrimental to the national security or foreign policy of the United States. (6) Manufacturing.--The term ``manufacturing'', with respect to an advanced battery and an advanced battery component, means the industrial and chemical steps taken to produce that advanced battery or advanced battery component, respectively. (7) Processing.--The term ``processing'', with respect to battery material, means the refining of materials, including the treating, baking, and coating processes used to convert raw products into constituent materials employed directly in advanced battery manufacturing. (8) Recycling.--The term ``recycling'' means the recovery of materials from advanced batteries to be reused in similar applications, including the extracting, processing, and recoating of battery materials and advanced battery components. (b) Battery Material Processing Grants.-- (1) <<NOTE: Deadline.>> In general.--Not later than 180 days after the date of enactment of this Act, the Secretary shall establish within the Office of Fossil Energy a program, to be known as the ``Battery Material Processing Grant Program'' (referred to in this subsection as the ``program''), under which the Secretary shall award grants in accordance with this subsection. (2) Purposes.--The purposes of the program are-- (A) to ensure that the United States has a viable battery materials processing industry to supply the North American battery supply chain; (B) to expand the capabilities of the United States in advanced battery manufacturing; (C) to enhance national security by reducing the reliance of the United States on foreign competitors for critical materials and technologies; and (D) to enhance the domestic processing capacity of minerals necessary for battery materials and advanced batteries. (3) Grants.-- (A) In general.--Under the program, the Secretary shall award grants to eligible entities-- (i) to carry out 1 or more demonstration projects in the United States for the processing of battery materials; (ii) to construct 1 or more new commercial- scale battery material processing facilities in the United States; and [[Page 135 STAT. 965]] (iii) to retool, retrofit, or expand 1 or more existing battery material processing facilities located in the United States and determined qualified by the Secretary. (B) Amount limitation.--The amount of a grant awarded under the program shall be not less than-- (i) $50,000,000 for an eligible entity carrying out 1 or more projects described in subparagraph (A)(i); (ii) $100,000,000 for an eligible entity carrying out 1 or more projects described in subparagraph (A)(ii); and (iii) $50,000,000 for an eligible entity carrying out 1 or more projects described in subparagraph (A)(iii). (C) Priority; consideration.--In awarding grants to eligible entities under the program, the Secretary shall-- (i) give priority to an eligible entity that-- (I) is located and operates in the United States; (II) is owned by a United States entity; (III) deploys North American-owned intellectual property and content; (IV) represents consortia or industry partnerships; and (V) will not use battery material supplied by or originating from a foreign entity of concern; and (ii) take into consideration whether a project-- (I) provides workforce opportunities in low- and moderate-income communities; (II) encourages partnership with universities and laboratories to spur innovation and drive down costs; (III) partners with Indian Tribes; and (IV) takes into account-- (aa) greenhouse gas emissions reductions and energy efficient battery material processing opportunities throughout the manufacturing process; and (bb) supply chain logistics. (4) <<NOTE: Time period.>> Authorization of appropriations.--There is authorized to be appropriated to the Secretary to carry out the program $3,000,000,000 for the period of fiscal years 2022 through 2026, to remain available until expended. (c) Battery Manufacturing and Recycling Grants.-- (1) <<NOTE: Deadline.>> In general.--Not later than 180 days after the date of enactment of this Act, the Secretary shall establish within the Office of Energy Efficiency and Renewable Energy a battery manufacturing and recycling grant program (referred to in this subsection as the ``program''). (2) Purpose.--The purpose of the program is to ensure that the United States has a viable domestic manufacturing and recycling capability to support and sustain a North American battery supply chain. (3) Grants.-- (A) In general.--Under the program, the Secretary shall award grants to eligible entities-- [[Page 135 STAT. 966]] (i) to carry out 1 or more demonstration projects for advanced battery component manufacturing, advanced battery manufacturing, and recycling; (ii) to construct 1 or more new commercial- scale advanced battery component manufacturing, advanced battery manufacturing, or recycling facilities in the United States; and (iii) to retool, retrofit, or expand 1 or more existing facilities located in the United States and determined qualified by the Secretary for advanced battery component manufacturing, advanced battery manufacturing, and recycling. (B) Amount limitation.--The amount of a grant awarded under the program shall be not less than-- (i) $50,000,000 for an eligible entity carrying out 1 or more projects described in subparagraph (A)(i); (ii) $100,000,000 for an eligible entity carrying out 1 or more projects described in subparagraph (A)(ii); and (iii) $50,000,000 for an eligible entity carrying out 1 or more projects described in subparagraph (A)(iii). (C) Priority; consideration.--In awarding grants to eligible entities under the program, the Secretary shall-- (i) give priority to an eligible entity that-- (I) is located and operates in the United States; (II) is owned by a United States entity; (III) deploys North American-owned intellectual property and content; (IV) represents consortia or industry partnerships; and (V)(aa) if the eligible entity will use the grant for advanced battery component manufacturing, will not use battery material supplied by or originating from a foreign entity of concern; or (bb) if the eligible entity will use the grant for battery recycling, will not export recovered critical materials to a foreign entity of concern; and (ii) take into consideration whether a project-- (I) provides workforce opportunities in low- and moderate-income or rural communities; (II) provides workforce opportunities in communities that have lost jobs due to the displacements of fossil energy jobs; (III) encourages partnership with universities and laboratories to spur innovation and drive down costs; (IV) partners with Indian Tribes; (V) takes into account-- (aa) greenhouse gas emissions reductions and energy efficient battery material processing opportunities throughout the manufacturing process; and (bb) supply chain logistics; and (VI) utilizes feedstock produced in the United States. [[Page 135 STAT. 967]] (4) <<NOTE: Time period.>> Authorization of appropriations.--There is authorized to be appropriated to the Secretary to carry out the program $3,000,000,000 for the period of fiscal years 2022 through 2026, to remain available until expended. (d) Reporting Requirements.--Not later than 1 year after the date of enactment of this Act, and annually thereafter, the Secretary shall submit to Congress a report on the grant programs established under subsections (b) and (c), including, with respect to each grant program, a description of-- (1) the number of grant applications received; (2) the number of grants awarded and the amount of each award; (3) the purpose and status of each project carried out using a grant; and (4) any other information the Secretary determines necessary. (e) Lithium-Ion Battery Recycling Prize Competition.-- (1) In general.--The Secretary shall continue to carry out the Lithium-Ion Battery Recycling Prize Competition of the Department established pursuant to section 24 of the Stevenson- Wydler Technology Innovation Act of 1980 (15 U.S.C. 3719) (referred to in this subsection as the ``competition''). (2) Authorization of appropriations for pilot projects.-- (A) In general.--There is authorized to be appropriated to the Secretary to carry out Phase III of the competition, $10,000,000 for fiscal year 2022, to remain available until expended. (B) Use of funds.--The Secretary may use amounts made available under subparagraph (A)-- (i) to increase the number of winners of Phase III of the competition; (ii) to increase the amount awarded to each winner of Phase III of the competition; and (iii) to carry out any other activity that is consistent with the goals of Phase III of the competition, as determined by the Secretary. (f) Battery and Critical Mineral Recycling.-- (1) Definitions.--In this subsection: (A) Administrator.--The term ``Administrator'' means the Administrator of the Environmental Protection Agency. (B) Battery.--The term ``battery'' means a device that-- (i) consists of 1 or more electrochemical cells that are electrically connected; and (ii) is designed to store and deliver electric energy. (C) Battery producer.--The term ``battery producer'' means, with respect to a covered battery or covered battery-containing product that is sold, offered for sale, or distributed for sale in the United States, including through retail, wholesale, business-to- business, and online sale, the following applicable entity: (i) A person who-- (I) manufactures the covered battery or covered battery-containing product; and [[Page 135 STAT. 968]] (II) sells or offers for sale the covered battery or covered battery- containing product under the brand of that person. (ii) If there is no person described in clause (i) with respect to the covered battery or covered battery-containing product, the owner or licensee of the brand under which the covered battery or covered battery-containing product is sold, offered for sale, or distributed, regardless of whether the trademark of the brand is registered. (iii) If there is no person described in clause (i) or (ii) with respect to the covered battery or covered battery-containing product, a person that imports the covered battery or covered battery-containing product into the United States for sale or distribution. (D) Covered battery.--The term ``covered battery'' means a new or unused primary battery or rechargeable battery. (E) Covered battery-containing product.--The term ``covered battery-containing product'' means a new or unused product that contains or is packaged with a primary battery or rechargeable battery. (F) Critical mineral.--The term ``critical mineral'' has the meaning given the term in section 7002(a) of the Energy Act of 2020 (30 U.S.C. 1606(a)). (G) Primary battery.--The term ``primary battery'' means a nonrechargeable battery that weighs not more than 4.4 pounds, including an alkaline, carbon-zinc, and lithium metal battery. (H) Rechargeable battery.-- (i) In general.--The term ``rechargeable battery'' means a battery that-- (I) contains 1 or more voltaic or galvanic cells that are electrically connected to produce electric energy; (II) is designed to be recharged; (III) weighs not more than 11 pounds; and (IV) has a watt-hour rating of not more than 300 watt-hours. (ii) Exclusions.--The term ``rechargeable battery'' does not include a battery that-- (I) contains electrolyte as a free liquid; or (II) employs lead-acid technology, unless that battery is sealed and does not contain electrolyte as a free liquid. (I) Recycling.--The term ``recycling'' means the series of activities-- (i) during which recyclable materials are processed into specification-grade commodities, and consumed as raw-material feedstock, in lieu of virgin materials, in the manufacturing of new products; (ii) that may include collection, processing, and brokering; and (iii) that result in subsequent consumption by a materials manufacturer, including for the manufacturing of new products. [[Page 135 STAT. 969]] (2) Battery recycling research, development, and demonstration grants.-- (A) In general.--The Secretary, in coordination with the Administrator, shall award multiyear grants to eligible entities for research, development, and demonstration projects to create innovative and practical approaches to increase the reuse and recycling of batteries, including by addressing-- (i) recycling activities; (ii) the development of methods to promote the design and production of batteries that take into full account and facilitate the dismantling, reuse, recovery, and recycling of battery components and materials; (iii) strategies to increase consumer acceptance of, and participation in, the recycling of batteries; (iv) the extraction or recovery of critical minerals from batteries that are recycled; (v) the integration of increased quantities of recycled critical minerals in batteries and other products to develop markets for recycled battery materials and critical minerals; (vi) safe disposal of waste materials and components recovered during the recycling process; (vii) the protection of the health and safety of all persons involved in, or in proximity to, recycling and reprocessing activities, including communities located near recycling and materials reprocessing facilities; (viii) mitigation of environmental impacts that arise from recycling batteries, including disposal of toxic reagents and byproducts related to recycling processes; (ix) protection of data privacy associated with collected covered battery-containing products; (x) the optimization of the value of material derived from recycling batteries; and (xi) the cost-effectiveness and benefits of the reuse and recycling of batteries and critical minerals. (B) Eligible entities.--The Secretary, in coordination with the Administrator, may award a grant under subparagraph (A) to-- (i) an institution of higher education; (ii) a National Laboratory; (iii) a Federal research agency; (iv) a State research agency; (v) a nonprofit organization; (vi) an industrial entity; (vii) a manufacturing entity; (viii) a private battery-collection entity; (ix) an entity operating 1 or more battery recycling activities; (x) a State or municipal government entity; (xi) a battery producer; (xii) a battery retailer; or (xiii) a consortium of 2 or more entities described in clauses (i) through (xii). (C) Applications.-- [[Page 135 STAT. 970]] (i) In general.--To be eligible to receive a grant under subparagraph (A), an eligible entity described in subparagraph (B) shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. (ii) Contents.--An application submitted under clause (i) shall describe how the project will promote collaboration among-- (I) battery producers and manufacturers; (II) battery material and equipment manufacturers; (III) battery recyclers, collectors, and refiners; and (IV) retailers. (D) <<NOTE: Time period.>> Authorization of appropriations.--There is authorized to be appropriated to the Secretary to carry out this paragraph $60,000,000 for the period of fiscal years 2022 through 2026. (3) State and local programs.-- (A) In general.--The Secretary, in coordination with the Administrator, shall establish a program under which the Secretary shall award grants, on a competitive basis, to States and units of local government to assist in the establishment or enhancement of State battery collection, recycling, and reprocessing programs. (B) Non-federal cost share.--The non-Federal share of the cost of a project carried out using a grant under this paragraph shall be 50 percent of the cost of the project. (C) Report.--Not later than 2 years after the date of enactment of this Act, and annually thereafter, the Secretary shall submit to Congress a report that describes the number of battery collection points established or enhanced, an estimate of jobs created, and the quantity of material collected as a result of the grants awarded under subparagraph (A). (D) <<NOTE: Time period.>> Authorization of appropriations.--There is authorized to be appropriated to the Secretary to carry out this paragraph $50,000,000 for the period of fiscal years 2022 through 2026. (4) Retailers as collection points.-- (A) <<NOTE: Grants.>> In general.--The Secretary shall award grants, on a competitive basis, to retailers that sell covered batteries or covered battery- containing products to establish and implement a system for the acceptance and collection of covered batteries and covered battery-containing products, as applicable, for reuse, recycling, or proper disposal. (B) Collection system.--A system described in subparagraph (A) shall include take-back of covered batteries-- (i) at no cost to the consumer; and (ii) on a regular, convenient, and accessible basis. (C) <<NOTE: Time period.>> Authorization of appropriations.--There is authorized to be appropriated to the Secretary to carry out this paragraph $15,000,000 for the period of fiscal years 2022 through 2026. (5) Task force on producer responsibilities.-- [[Page 135 STAT. 971]] (A) In general.--The Secretary, in coordination with the Administrator, shall convene a task force to develop an extended battery producer responsibility framework that-- (i) addresses battery recycling goals, cost structures for mandatory recycling, reporting requirements, product design, collection models, and transportation of collected materials; (ii) provides sufficient flexibility to allow battery producers to determine cost-effective strategies for compliance with the framework; and (iii) outlines regulatory pathways for effective recycling. (B) Task force members.--Members of the task force convened under subparagraph (A) shall include-- (i) battery producers, manufacturers, retailers, recyclers, and collectors or processors; (ii) States and municipalities; and (iii) other relevant stakeholders, such as environmental, energy, or consumer organizations, as determined by the Secretary. (C) Report.--Not later than 1 year after the date on which the Secretary, in coordination with Administrator, convenes the task force under subparagraph (A), the Secretary shall submit to Congress a report that-- (i) describes the extended producer responsibility framework developed by the task force; (ii) <<NOTE: Recommenda- tions.>> includes the recommendations of the task force on how best to implement a mandatory pay-in or other enforcement mechanism to ensure that battery producers and sellers are contributing to the recycling of batteries; and (iii) suggests regulatory pathways for effective recycling. (6) Effect on mercury-containing and rechargeable battery management act.--Nothing in this subsection, or any regulation, guideline, framework, or policy adopted or promulgated pursuant to this subsection, shall modify or otherwise affect the provisions of the Mercury-Containing and Rechargeable Battery Management Act (42 U.S.C. 14301 et seq.). SEC. 40208. ELECTRIC DRIVE VEHICLE BATTERY RECYCLING AND SECOND- LIFE APPLICATIONS PROGRAM. Section 641 of the Energy Independence and Security Act of 2007 (42 U.S.C. 17231) is amended-- (1) by striking subsection (k) and inserting the following: ``(k) Electric Drive Vehicle Battery Second-Life Applications and Recycling.-- ``(1) Definitions.--In this subsection: ``(A) Battery recycling and second-life applications program.--The term `battery recycling and second-life applications program' means the electric drive vehicle battery recycling and second-life applications program established under paragraph (3). ``(B) Critical material.--The term `critical material' has the meaning given the term in section 7002(a) of the Energy Act of 2020 (30 U.S.C. 1606(a)). [[Page 135 STAT. 972]] ``(C) Economically distressed area.--The term `economically distressed area' means an area described in section 301(a) of the Public Works and Economic Development Act of 1965 (42 U.S.C. 3161(a)). ``(D) Electric drive vehicle battery.--The term `electric drive vehicle battery' means any battery that is a motive power source for an electric drive vehicle. ``(E) Eligible entity.--The term `eligible entity' means an entity described in any of paragraphs (1) through (5) of section 989(b) of the Energy Policy Act of 2005 (42 U.S.C. 16353(b)). ``(2) Program.--The Secretary shall carry out a program of research, development, and demonstration of-- ``(A) second-life applications for electric drive vehicle batteries that have been used to power electric drive vehicles; and ``(B) technologies and processes for final recycling and disposal of the devices described in subparagraph (A). ``(3) Electric drive vehicle battery recycling and second- life applications.-- ``(A) In general.--In carrying out the program under paragraph (2), the Secretary shall establish an electric drive vehicle battery recycling and second-life applications program under which the Secretary shall-- ``(i) award grants under subparagraph (D); and ``(ii) carry out other activities in accordance with this paragraph. ``(B) Purposes.--The purposes of the battery recycling and second-life applications program are the following: ``(i) To improve the recycling rates and second-use adoption rates of electric drive vehicle batteries. ``(ii) To optimize the design and adaptability of electric drive vehicle batteries to make electric drive vehicle batteries more easily recyclable. ``(iii) To establish alternative supply chains for critical materials that are found in electric drive vehicle batteries. ``(iv) To reduce the cost of manufacturing, installation, purchase, operation, and maintenance of electric drive vehicle batteries. ``(v) To improve the environmental impact of electric drive vehicle battery recycling processes. ``(C) Targets.--In carrying out the battery recycling and second-life applications program, the Secretary shall address near-term (up to 2 years), mid- term (up to 5 years), and long-term (up to 10 years) challenges to the recycling of electric drive vehicle batteries. ``(D) Grants.-- ``(i) In general.--In carrying out the battery recycling and second-life applications program, the Secretary shall award multiyear grants on a competitive, merit-reviewed basis to eligible entities-- ``(I) to conduct research, development, testing, and evaluation of solutions to increase the rate and productivity of electric drive vehicle battery recycling; and [[Page 135 STAT. 973]] ``(II) for research, development, and demonstration projects to create innovative and practical approaches to increase the recycling and second-use of electric drive vehicle batteries, including by addressing-- ``(aa) technology to increase the efficiency of electric drive vehicle battery recycling and maximize the recovery of critical materials for use in new products; ``(bb) expanded uses for critical materials recovered from electric drive vehicle batteries; ``(cc) product design and construction to facilitate the disassembly and recycling of electric drive vehicle batteries; ``(dd) product design and construction and other tools and techniques to extend the lifecycle of electric drive vehicle batteries, including methods to promote the safe second-use of electric drive vehicle batteries; ``(ee) strategies to increase consumer acceptance of, and participation in, the recycling of electric drive vehicle batteries; ``(ff) improvements and changes to electric drive vehicle battery chemistries that include ways to decrease processing costs for battery recycling without sacrificing front-end performance; ``(gg) second-use of electric drive vehicle batteries, including in applications outside of the automotive industry; and ``(hh) the commercialization and scale-up of electric drive vehicle battery recycling technologies. ``(ii) Priority.--In awarding grants under clause (i), the Secretary shall give priority to projects that-- ``(I) are located in geographically diverse regions of the United States; ``(II) include business commercialization plans that have the potential for the recycling of electric drive vehicle batteries at high volumes; ``(III) support the development of advanced manufacturing technologies that have the potential to improve the competitiveness of the United States in the international electric drive vehicle battery manufacturing sector; ``(IV) provide the greatest potential to reduce costs for consumers and promote accessibility and community implementation of demonstrated technologies; ``(V) increase disclosure and transparency of information to consumers; ``(VI) support the development or demonstration of projects in economically distressed areas; and ``(VII) support other relevant priorities, as determined to be appropriate by the Secretary. [[Page 135 STAT. 974]] `` <<NOTE: Deadline.>> (iii) Solicitation.-- Not later than 90 days after the date of enactment of the Infrastructure Investment and Jobs Act, and annually thereafter, the Secretary shall conduct a national solicitation for applications for grants described in clause (i). ``(iv) Dissemination of results.--The Secretary shall publish the results of the projects carried out through grants awarded under clause (i) through-- ``(I) best practices relating to those grants, for use in the electric drive vehicle battery manufacturing, design, installation, refurbishing, or recycling industries; ``(II) coordination with information dissemination programs relating to general recycling of electronic devices; and ``(III) educational materials for the public, produced in conjunction with State and local governments or nonprofit organizations, on the problems and solutions relating to the recycling and second-life applications of electric drive vehicle batteries. ``(E) Coordination with other programs of the department.--In carrying out the battery recycling and second-life applications program, the Secretary shall coordinate and leverage the resources of complementary efforts of the Department. ``(F) Study and report.-- ``(i) Study.--The Secretary shall conduct a study on the viable market opportunities available for the recycling, second-use, and manufacturing of electric drive vehicle batteries in the United States. ``(ii) Report.--Not later than 1 year after the date of enactment of the Infrastructure Investment and Jobs Act, the Secretary shall submit to the Committee on Energy and Natural Resources of the Senate, the Committee on Science, Space, and Technology of the House of Representatives, and any other relevant committee of Congress a report containing the results of the study under clause (i), including a description of-- ``(I) the ability of relevant businesses or other entities to competitively manufacture electric drive vehicle batteries and recycle electric drive vehicle batteries in the United States; ``(II) any existing electric drive vehicle battery recycling and second-use practices and plans of electric drive vehicle manufacturing companies in the United States; ``(III) any barriers to electric drive vehicle battery recycling in the United States; ``(IV) opportunities and barriers in electric drive vehicle battery supply chains in the United States and internationally, including with allies and trading partners; ``(V) opportunities for job creation in the electric drive vehicle battery recycling and manufacturing fields and the necessary skills employees must acquire for growth of those fields in the United States; [[Page 135 STAT. 975]] ``(VI) <<NOTE: Recommenda- tions.>> policy recommendations for enhancing electric drive vehicle battery manufacturing and recycling in the United States; ``(VII) <<NOTE: Recommenda- tions.>> any recommendations for lowering logistics costs and creating better coordination and efficiency with respect to the removal, collection, transportation, storage, and disassembly of electric drive vehicle batteries; ``(VIII) <<NOTE: Recommenda- tions.>> any recommendations for areas of coordination with other Federal agencies to improve electric drive vehicle battery recycling rates in the United States; ``(IX) an aggressive 2-year target and plan, the implementation of which shall begin during the 90-day period beginning on the date on which the report is submitted, to enhance the competitiveness of electric drive vehicle battery manufacturing and recycling in the United States; and ``(X) needs for future research, development, and demonstration projects in electric drive vehicle battery manufacturing, recycling, and related areas, as determined by the Secretary. ``(G) <<NOTE: Deadline. Time period. Recommenda- tions.>> Evaluation.--Not later than 3 years after the date on which the report under subparagraph (F)(ii) is submitted, and every 4 years thereafter, the Secretary shall conduct, and make available to the public and the relevant committees of Congress, an independent review of the progress of the grants awarded under subparagraph (D) in meeting the recommendations and targets included in the report.''; and (2) in subsection (p), by striking paragraph (6) and inserting the following: ``(6) the electric drive vehicle battery recycling and second-life applications program under subsection (k) $200,000,000 for the period of fiscal years 2022 through 2026.''. SEC. 40209. <<NOTE: 42 USC 18742.>> ADVANCED ENERGY MANUFACTURING AND RECYCLING GRANT PROGRAM. (a) Definitions.--In this section: (1) Advanced energy property.--The term ``advanced energy property'' means-- (A) property designed to be used to produce energy from the sun, water, wind, geothermal or hydrothermal (as those terms are defined in section 612 of the Energy Independence and Security Act of 2007 (42 U.S.C. 17191)) resources, enhanced geothermal systems (as defined in that section), or other renewable resources; (B) fuel cells, microturbines, or energy storage systems and components; (C) electric grid modernization equipment or components; (D) property designed to capture, remove, use, or sequester carbon oxide emissions; (E) equipment designed to refine, electrolyze, or blend any fuel, chemical, or product that is-- (i) renewable; or (ii) low-carbon and low-emission; [[Page 135 STAT. 976]] (F) property designed to produce energy conservation technologies (including for residential, commercial, and industrial applications); (G)(i) light-, medium-, or heavy-duty electric or fuel cell vehicles, electric or fuel cell locomotives, electric or fuel cell maritime vessels, or electric or fuel cell planes; (ii) technologies, components, and materials of those vehicles, locomotives, maritime vessels, or planes; and (iii) charging or refueling infrastructure associated with those vehicles, locomotives, maritime vessels, or planes; (H)(i) hybrid vehicles with a gross vehicle weight rating of not less than 14,000 pounds; and (ii) technologies, components, and materials for those vehicles; and (I) other advanced energy property designed to reduce greenhouse gas emissions, as may be determined by the Secretary. (2) Covered census tract.--The term ``covered census tract'' means a census tract-- (A) in which, after December 31, 1999, a coal mine had closed; (B) in which, after December 31, 2009, a coal-fired electricity generating unit had been retired; or (C) that is immediately adjacent to a census tract described in subparagraph (A) or (B). (3) Eligible entity.--The term ``eligible entity'' means a manufacturing firm-- (A) the gross annual sales of which are less than $100,000,000; (B) that has fewer than 500 employees at the plant site of the manufacturing firm; and (C) the annual energy bills of which total more than $100,000 but less than $2,500,000. (4) Minority-owned.--The term ``minority-owned'', with respect to an eligible entity, means an eligible entity not less than 51 percent of which is owned by 1 or more individuals who are-- (A) citizens of the United States; and (B) Asian American, Native Hawaiian, Pacific Islander, African American, Hispanic, Puerto Rican, Native American, or Alaska Native. (5) Program.--The term ``Program'' means the grant program established under subsection (b). (6) Qualifying advanced energy project.--The term ``qualifying advanced energy project'' means a project that-- (A)(i) re-equips, expands, or establishes a manufacturing or recycling facility for the production or recycling, as applicable, of advanced energy property; or (ii) re-equips an industrial or manufacturing facility with equipment designed to reduce the greenhouse gas emissions of that facility substantially below the greenhouse gas emissions under current best practices, as determined by the Secretary, through the installation of-- (I) low- or zero-carbon process heat systems; (II) carbon capture, transport, utilization, and storage systems; [[Page 135 STAT. 977]] (III) technology relating to energy efficiency and reduction in waste from industrial processes; or (IV) any other industrial technology that significantly reduces greenhouse gas emissions, as determined by the Secretary; (B) has a reasonable expectation of commercial viability, as determined by the Secretary; and (C) is located in a covered census tract. (b) Establishment.--Not later than 180 days after the date of enactment of this Act, the Secretary shall establish a program to award grants to eligible entities to carry out qualifying advanced energy projects. (c) Applications.-- (1) In general.--Each eligible entity seeking a grant under the Program shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require, including a description of the proposed qualifying advanced energy project to be carried out using the grant. (2) Selection criteria.-- (A) Projects.--In selecting eligible entities to receive grants under the Program, the Secretary shall, with respect to the qualifying advanced energy projects proposed by the eligible entities, give higher priority to projects that-- (i) will provide higher net impact in avoiding or reducing anthropogenic emissions of greenhouse gases; (ii) will result in a higher level of domestic job creation (both direct and indirect) during the lifetime of the project; (iii) will result in a higher level of job creation in the vicinity of the project, particularly with respect to-- (I) low-income communities (as described in section 45D(e) of the Internal Revenue Code of 1986); and (II) dislocated workers who were previously employed in manufacturing, coal power plants, or coal mining; (iv) have higher potential for technological innovation and commercial deployment; (v) have a lower levelized cost of-- (I) generated or stored energy; or (II) measured reduction in energy consumption or greenhouse gas emission (based on costs of the full supply chain); and (vi) have a shorter project time. (B) Eligible entities.--In selecting eligible entities to receive grants under the Program, the Secretary shall give priority to eligible entities that are minority-owned. (d) Project Completion and Location; Return of Unobligated Funds.-- (1) Completion; return of unobligated funds.--An eligible entity that receives a grant under the Program shall be required-- (A) <<NOTE: Deadline.>> to complete the qualifying advanced energy project funded by the grant not later than 3 years after the date of receipt of the grant funds; and [[Page 135 STAT. 978]] (B) to return to the Secretary any grant funds that remain unobligated at the end of that 3-year period. (2) Location.--If the Secretary determines that an eligible entity awarded a grant under the Program has carried out the applicable qualifying advanced energy project at a location that is materially different from the location specified in the application for the grant, the eligible entity shall be required to return the grant funds to the Secretary. (e) Technical Assistance.-- (1) <<NOTE: Deadline.>> In general.--Not later than 180 days after the date of enactment of this Act, the Secretary shall provide technical assistance on a selective basis to eligible entities that are seeking a grant under the Program to enhance the impact of the qualifying advanced energy project to be carried out using the grant with respect to the selection criteria described in subsection (c)(2)(A). (2) Applications.--An eligible entity desiring technical assistance under paragraph (1) shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. (3) Factors for consideration.--In selecting eligible entities for technical assistance under paragraph (1), the Secretary shall give higher priority to eligible entities that propose a qualifying advanced energy project that has greater potential for enhancement of the impact of the project with respect to the selection criteria described in subsection (c)(2)(A). (f) <<NOTE: Public information.>> Publication of Grants.--The Secretary shall make publicly available the identity of each eligible entity awarded a grant under the Program and the amount of the grant. (g) Report.--Not later than 4 years after the date of enactment this Act, the Secretary shall-- (1) review the grants awarded under the Program; and (2) submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Energy and Commerce of the House of Representatives a report describing those grants. (h) <<NOTE: Time period.>> Authorization of Appropriations.--There is authorized to be appropriated to the Secretary to carry out the Program $750,000,000 for the period of fiscal years 2022 through 2026. SEC. 40210. <<NOTE: 42 USC 18743.>> CRITICAL MINERALS MINING AND RECYCLING RESEARCH. (a) Definitions.--In this section: (1) Critical mineral.--The term ``critical mineral'' has the meaning given the term in section 7002(a) of the Energy Act of 2020 (30 U.S.C. 1606(a)). (2) Critical minerals and metals.--The term ``critical minerals and metals'' includes any host mineral of a critical mineral. (3) Director.--The term ``Director'' means the Director of the Foundation. (4) End-to-end.--The term ``end-to-end'', with respect to the integration of mining or life cycle of minerals, means the integrated approach of, or the lifecycle determined by, examining the research and developmental process from the mining of the raw minerals to its processing into useful materials, its integration into components and devices, the utilization of such devices in the end-use application to satisfy certain [[Page 135 STAT. 979]] performance metrics, and the recycling or disposal of such devices. (5) Foreign entity of concern.--The term ``foreign entity of concern'' means a foreign entity that is-- (A) designated as a foreign terrorist organization by the Secretary of State under section 219(a) of the Immigration and Nationality Act (8 U.S.C. 1189(a)); (B) included on the list of specially designated nationals and blocked persons maintained by the Office of Foreign Assets Control of the Department of the Treasury (commonly known as the SDN list); (C) owned by, controlled by, or subject to the jurisdiction or direction of a government of a foreign country that is a covered nation (as defined in section 2533c(d) of title 10, United States Code); (D) alleged by the Attorney General to have been involved in activities for which a conviction was obtained under-- (i) chapter 37 of title 18, United States Code (commonly known as the ``Espionage Act''); (ii) section 951 or 1030 of title 18, United States Code; (iii) chapter 90 of title 18, United States Code (commonly known as the ``Economic Espionage Act of 1996)''; (iv) the Arms Export Control Act (22 U.S.C. 2751 et seq.); (v) section 224, 225, 226, 227, or 236 of the Atomic Energy Act of 1954 (42 U.S.C. 2274, 2275, 2276, 2277, and 2284); (vi) the Export Control Reform Act of 2018 (50 U.S.C. 4801 et seq.); or (vii) the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.); or (E) determined by the Secretary of Commerce, in consultation with the Secretary of Defense and the Director of National Intelligence, to be engaged in unauthorized conduct that is detrimental to the national security or foreign policy of the United States. (6) Foundation.--The term ``Foundation'' means the National Science Foundation. (7) Institution of higher education.--The term ``institution of higher education'' has the meaning given the term in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001). (8) National laboratory.--The term ``National Laboratory'' has the meaning given the term in section 2 of the Energy Policy Act of 2005 (42 U.S.C. 15801). (9) Recycling.--The term ``recycling'' means the process of collecting and processing spent materials and devices and turning the materials and devices into raw materials or components that can be reused either partially or completely. (10) Secondary recovery.--The term ``secondary recovery'' means the recovery of critical minerals and metals from discarded end-use products or from waste products produced during the metal refining and manufacturing process, including from mine waste piles, acid mine drainage sludge, [[Page 135 STAT. 980]] or byproducts produced through legacy mining and metallurgy activities. (b) Critical Minerals Mining and Recycling Research and Development.-- (1) In general.--In order to support supply chain resiliency, the Secretary, in coordination with the Director, shall issue awards, on a competitive basis, to eligible entities described in paragraph (2) to support basic research that will accelerate innovation to advance critical minerals mining, recycling, and reclamation strategies and technologies for the purposes of-- (A) making better use of domestic resources; and (B) eliminating national reliance on minerals and mineral materials that are subject to supply disruptions. (2) Eligible entities.--Entities eligible to receive an award under paragraph (1) are the following: (A) Institutions of higher education. (B) National Laboratories. (C) Nonprofit organizations. (D) Consortia of entities described in subparagraphs (A) through (C), including consortia that collaborate with private industry. (3) Use of funds.--Activities funded by an award under this section may include-- (A) advancing mining research and development activities to develop new mapping and mining technologies and techniques, including advanced critical mineral extraction and production-- (i) to improve existing, or to develop new, supply chains of critical minerals; and (ii) to yield more efficient, economical, and environmentally benign mining practices; (B) advancing critical mineral processing research activities to improve separation, alloying, manufacturing, or recycling techniques and technologies that can decrease the energy intensity, waste, potential environmental impact, and costs of those activities; (C) advancing research and development of critical minerals mining and recycling technologies that take into account the potential end-uses and disposal of critical minerals, in order to improve end-to-end integration of mining and technological applications; (D) conducting long-term earth observation of reclaimed mine sites, including the study of the evolution of microbial diversity at those sites; (E) examining the application of artificial intelligence for geological exploration of critical minerals, including what size and diversity of data sets would be required; (F) examining the application of machine learning for detection and sorting of critical minerals, including what size and diversity of data sets would be required; (G) conducting detailed isotope studies of critical minerals and the development of more refined geologic models; or (H) providing training and research opportunities to undergraduate and graduate students to prepare the next generation of mining engineers and researchers. [[Page 135 STAT. 981]] (c) Critical Minerals Interagency Subcommittee.-- (1) In general.--In order to support supply chain resiliency, the Critical Minerals Subcommittee of the National Science and Technology Council (referred to in this subsection as the ``Subcommittee'') shall coordinate Federal science and technology efforts to ensure secure and reliable supplies of critical minerals to the United States. (2) Purposes.--The purposes of the Subcommittee shall be-- (A) to advise and assist the National Science and Technology Council, including the Committee on Homeland and National Security of the National Science and Technology Council, on United States policies, procedures, and plans relating to critical minerals, including-- (i) Federal research, development, and deployment efforts to optimize methods for extractions, concentration, separation, and purification of conventional, secondary, and unconventional sources of critical minerals, including research that prioritizes end-to-end integration of mining and recycling techniques and the end-use target for critical minerals; (ii) efficient use and reuse of critical minerals, including recycling technologies for critical minerals and the reclamation of critical minerals from components, such as spent batteries; (iii) addressing the technology transitions between research or lab-scale mining and recycling and commercialization of these technologies; (iv) the critical minerals workforce of the United States; and (v) United States private industry investments in innovation and technology transfer from federally funded science and technology; (B) to identify emerging opportunities, stimulate international cooperation, and foster the development of secure and reliable supply chains of critical minerals, including activities relating to the reuse of critical minerals via recycling; (C) to ensure the transparency of information and data related to critical minerals; and (D) to provide recommendations on coordination and collaboration among the research, development, and deployment programs and activities of Federal agencies to promote a secure and reliable supply of critical minerals necessary to maintain national security, economic well-being, and industrial production. (3) Responsibilities.--In carrying out paragraphs (1) and (2), the Subcommittee may, taking into account the findings and recommendations of relevant advisory committees-- (A) provide recommendations on how Federal agencies may improve the topographic, geologic, and geophysical mapping of the United States and improve the discoverability, accessibility, and usability of the resulting and existing data, to the extent permitted by law and subject to appropriate limitation for purposes of privacy and security; [[Page 135 STAT. 982]] (B) assess the progress toward developing critical minerals recycling and reprocessing technologies; (C) assess the end-to-end lifecycle of critical minerals, including for mining, usage, recycling, and end-use material and technology requirements; (D) examine, and provide recommendations for, options for accessing and developing critical minerals through investment and trade with allies and partners of the United States; (E) evaluate and provide recommendations to incentivize the development and use of advances in science and technology in the private industry; (F) assess the need for, and make recommendations to address, the challenges the United States critical minerals supply chain workforce faces, including-- (i) aging and retiring personnel and faculty; (ii) public perceptions about the nature of mining and mineral processing; and (iii) foreign competition for United States talent; (G) develop, and update as necessary, a strategic plan to guide Federal programs and activities to enhance-- (i) scientific and technical capabilities across critical mineral supply chains, including a roadmap that identifies key research and development needs and coordinates ongoing activities for source diversification, more efficient use, recycling, and substitution for critical minerals; and (ii) cross-cutting mining science, data science techniques, materials science, manufacturing science and engineering, computational modeling, and environmental health and safety research and development; and (H) report to the appropriate committees of Congress on activities and findings under this subsection. (4) Mandatory responsibilities.--In carrying out paragraphs (1) and (2), the Subcommittee shall, taking into account the findings and recommendations of relevant advisory committees, identify and evaluate Federal policies and regulations that restrict the mining of critical minerals. (d) Grant Program for Processing of Critical Minerals and Development of Critical Minerals and Metals.-- (1) Establishment.--The Secretary, in consultation with the Director, the Secretary of the Interior, and the Secretary of Commerce, shall establish a grant program to finance pilot projects for-- (A) the processing or recycling of critical minerals in the United States; or (B) the development of critical minerals and metals in the United States (2) Limitation on grant awards.--A grant awarded under paragraph (1) may not exceed $10,000,000. (3) Economic viability.--In awarding grants under paragraph (1), the Secretary shall give priority to projects that the Secretary determines are likely to be economically viable over the long term. (4) Secondary recovery.--In awarding grants under paragraph (1), the Secretary shall seek to award not less than [[Page 135 STAT. 983]] 30 percent of the total amount of grants awarded during the fiscal year for projects relating to secondary recovery of critical minerals and metals. (5) Domestic priority.--In awarding grants for the development of critical minerals and metals under paragraph (1)(B), the Secretary shall prioritize pilot projects that will process the critical minerals and metals domestically. (6) Prohibition on processing by foreign entity of concern.--In awarding grants under paragraph (1), the Secretary shall ensure that pilot projects do not export for processing any critical minerals and metals to a foreign entity of concern. (7) <<NOTE: Time period.>> Authorization of appropriations.--There is authorized to be appropriated to the Secretary to carry out the grant program established under paragraph (1) $100,000,000 for each of fiscal years 2021 through 2024. SEC. 40211. <<NOTE: 42 USC 18744.>> 21ST CENTURY ENERGY WORKFORCE ADVISORY BOARD. (a) Establishment.--The Secretary shall establish a board, to be known as the ``21st Century Energy Workforce Advisory Board'', to develop a strategy for the Department that, with respect to the role of the Department in the support and development of a skilled energy workforce-- (1) meets the current and future industry and labor needs of the energy sector; (2) provides opportunities for students to become qualified for placement in traditional energy sector and emerging energy sector jobs; (3) identifies areas in which the Department can effectively utilize the technical expertise of the Department to support the workforce activities of other Federal agencies; (4) strengthens and engages the workforce training programs of the Department and the National Laboratories in carrying out the Equity in Energy Initiative of the Department and other Department workforce priorities; (5) develops plans to support and retrain displaced and unemployed energy sector workers; and (6) prioritizes education and job training for underrepresented groups, including racial and ethnic minorities, Indian Tribes, women, veterans, and socioeconomically disadvantaged individuals. (b) Membership.-- (1) <<NOTE: Appointment. Deadline.>> In general.--The Board shall be composed of not fewer than 10 and not more than 15 members, with the initial members of the Board to be appointed by the Secretary not later than 1 year after the date of enactment of this Act. (2) Requirement.--The Board shall include not fewer than 1 representative of a labor organization with significant energy experience who has been nominated by a national labor federation. (3) Qualifications.--Each individual appointed to the Board under paragraph (1) shall have expertise in-- (A) the field of economics or workforce development; (B) relevant traditional energy industries or emerging energy industries, including energy efficiency; (C) secondary or postsecondary education; [[Page 135 STAT. 984]] (D) energy workforce development or apprenticeship programs of States or units of local government; (E) relevant organized labor organizations; or (F) bringing underrepresented groups, including racial and ethnic minorities, women, veterans, and socioeconomically disadvantaged individuals, into the workforce. (c) Advisory Board Review and Recommendations.-- (1) Determination by board.--In developing the strategy required under subsection (a), the Board shall-- (A) determine whether there are opportunities to more effectively and efficiently use the capabilities of the Department in the development of a skilled energy workforce; (B) identify ways in which the Department could work with other relevant Federal agencies, States, units of local government, institutions of higher education, labor organizations, Indian Tribes and tribal organizations, and industry in the development of a skilled energy workforce, subject to applicable law; (C) identify ways in which the Department and National Laboratories can-- (i) increase outreach to minority-serving institutions; and (ii) make resources available to increase the number of skilled minorities and women trained to go into the energy and energy-related manufacturing sectors; (iii) increase outreach to displaced and unemployed energy sector workers; and (iv) make resources available to provide training to displaced and unemployed energy sector workers to reenter the energy workforce; and (D)(i) identify the energy sectors in greatest need of workforce training; and (ii) in consultation with the Secretary of Labor, develop recommendations for the skills necessary to develop a workforce trained to work in those energy sectors. (2) Required analysis.--In developing the strategy required under subsection (a), the Board shall analyze the effectiveness of-- (A) existing Department-directed support; and (B) existing energy workforce training programs. (3) Report.-- (A) In general.--Not later than 1 year after the date on which the Board is established under this section, and biennially thereafter until the date on which the Board is terminated under subsection (f), the Board shall submit to the Secretary a report containing, with respect to the strategy required under subsection (a)-- (i) the findings of the Board; and (ii) the proposed energy workforce strategy of the Board. (B) Response of the secretary.--Not later than 90 days after the date on which a report is submitted to the Secretary under subparagraph (A), the Secretary shall-- [[Page 135 STAT. 985]] (i) submit to the Board a response to the report that-- (I) describes whether the Secretary approves or disapproves of each recommendation of the Board under subparagraph (A); and (II) if the Secretary approves of a recommendation, provides an implementation plan for the recommendation; and (ii) submit to Congress-- (I) the report of the Board under subparagraph (A); and (II) the response of the Secretary under clause (i). (C) Public availability of report.-- (i) In general.--The Board shall make each report under subparagraph (A) available to the public on the earlier of-- (I) the date on which the Board receives the response of the Secretary under subparagraph (B)(i); and (II) the date that is 90 days after the date on which the Board submitted the report to the Secretary. (ii) Requirement.--If the Board has received a response to a report from the Secretary under subparagraph (B)(i), the Board shall make that response publicly available with the applicable report. (d) Report by the Secretary.--Not later than 180 days before the date of expiration of a term of the Board under subsection (f), the Secretary shall submit to the Committees on Energy and Natural Resources and Appropriations of the Senate and the Committees on Energy and Commerce and Appropriations of the House of Representatives a report that-- (1) describes the effectiveness and accomplishments of the Board during the applicable term; (2) contains a determination of the Secretary as to whether the Board should be renewed; and (3) if the Secretary determines that the Board should be renewed, any recommendations as to whether and how the scope and functions of the Board should be modified. (e) Outreach to Minority-Serving Institutions, Veterans, and Displaced and Unemployed Energy Workers.--In developing the strategy under subsection (a), the Board shall-- (1) give special consideration to increasing outreach to minority-serving institutions, veterans, and displaced and unemployed energy workers; (2) make resources available to-- (A) minority-serving institutions, with the objective of increasing the number of skilled minorities and women trained to go into the energy and manufacturing sectors; (B) institutions that serve veterans, with the objective of increasing the number veterans in the energy industry by ensuring that veterans have the credentials and training necessary to secure careers in the energy industry; and (C) institutions that serve displaced and unemployed energy workers to increase the number of individuals trained for jobs in the energy industry; [[Page 135 STAT. 986]] (3) encourage the energy industry to improve the opportunities for students of minority-serving institutions, veterans, and displaced and unemployed energy workers to participate in internships, preapprenticeships, apprenticeships, and cooperative work-study programs in the energy industry; and (4) work with the National Laboratories to increase the participation of underrepresented groups, veterans, and displaced and unemployed energy workers in internships, fellowships, training programs, and employment at the National Laboratories. (f) Term.-- (1) In general.--Subject to paragraph (2), the Board shall terminate on September 30, 2026. (2) Extensions.--The Secretary may renew the Board for 1 or more 5-year periods by submitting, not later than the date described in subsection (d), a report described in that subsection that contains a determination by the Secretary that the Board should be renewed. TITLE III--FUELS AND TECHNOLOGY INFRASTRUCTURE INVESTMENTS Subtitle A--Carbon Capture, Utilization, Storage, and Transportation Infrastructure SEC. 40301. <<NOTE: 42 USC 16292 note.>> FINDINGS. Congress finds that-- (1) the industrial sector is integral to the economy of the United States-- (A) providing millions of jobs and essential products; and (B) demonstrating global leadership in manufacturing and innovation; (2) carbon capture and storage technologies are necessary for reducing hard-to-abate emissions from the industrial sector, which emits nearly 25 percent of carbon dioxide emissions in the United States; (3) carbon removal and storage technologies, including direct air capture, must be deployed at large-scale in the coming decades to remove carbon dioxide directly from the atmosphere; (4) large-scale deployment of carbon capture, removal, utilization, transport, and storage-- (A) is critical for achieving mid-century climate goals; and (B) will drive regional economic development, technological innovation, and high-wage employment; (5) carbon capture, removal, and utilization technologies require a backbone system of shared carbon dioxide transport and storage infrastructure to enable large-scale deployment, realize economies of scale, and create an interconnected carbon management market; [[Page 135 STAT. 987]] (6) carbon dioxide transport infrastructure and permanent geological storage are proven and safe technologies with existing Federal and State regulatory frameworks; (7) carbon dioxide transport and storage infrastructure share similar barriers to deployment previously faced by other types of critical national infrastructure, such as high capital costs and chicken-and-egg challenges, that require Federal and State support, in combination with private investment, to be overcome; and (8) each State should take into consideration, with respect to new carbon dioxide transportation infrastructure-- (A) qualifying the infrastructure as pollution control devices under applicable laws (including regulations) of the State; and (B) establishing a waiver of ad valorem and property taxes for the infrastructure for a period of not less than 10 years. SEC. 40302. CARBON UTILIZATION PROGRAM. Section 969A of the Energy Policy Act of 2005 (42 U.S.C. 16298a) is amended-- (1) in subsection (a)-- (A) by redesignating paragraphs (3) and (4) as paragraphs (4) and (5), respectively; and (B) by inserting after paragraph (2) the following: ``(3) to develop or obtain, in coordination with other applicable Federal agencies and standard-setting organizations, standards and certifications, as appropriate, to facilitate the commercialization of the products and technologies described in paragraph (2);''; (2) in subsection (b)-- (A) by redesignating paragraph (2) as paragraph (3); (B) by inserting after paragraph (1) the following: ``(2) Grant program.-- ``(A) <<NOTE: Deadline.>> In general.--Not later than 1 year after the date of enactment of the Infrastructure Investment and Jobs Act, the Secretary shall establish a program to provide grants to eligible entities to use in accordance with subparagraph (D). ``(B) Eligible entities.--To be eligible to receive a grant under this paragraph, an entity shall be-- ``(i) a State; ``(ii) a unit of local government; or ``(iii) a public utility or agency. ``(C) Applications.--Eligible entities desiring a grant under this paragraph shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary determines to be appropriate. ``(D) Use of funds.--An eligible entity shall use a grant received under this paragraph to procure and use commercial or industrial products that-- ``(i) use or are derived from anthropogenic carbon oxides; and ``(ii) demonstrate significant net reductions in lifecycle greenhouse gas emissions compared to incumbent technologies, processes, and products.''; and [[Page 135 STAT. 988]] (C) in paragraph (3) (as so redesignated), by striking ``paragraph (1)'' and inserting ``this subsection''; and (3) by striking subsection (d) and inserting the following: ``(d) <<NOTE: Time period.>> Authorization of Appropriations.-- There are authorized to be appropriated to the Secretary to carry out this section-- ``(1) $41,000,000 for fiscal year 2022; ``(2) $65,250,000 for fiscal year 2023; ``(3) $66,562,500 for fiscal year 2024; ``(4) $67,940,625 for fiscal year 2025; and ``(5) $69,387,656 for fiscal year 2026.''. SEC. 40303. CARBON CAPTURE TECHNOLOGY PROGRAM. Section 962 of the Energy Policy Act of 2005 (42 U.S.C. 16292) is amended-- (1) in subsection (b)(2)-- (A) in subparagraph (C), by striking ``and'' at the end; (B) in subparagraph (D), by striking ``program.'' and inserting ``program for carbon capture technologies; and''; and (C) by adding at the end the following: ``(E) a front-end engineering and design program for carbon dioxide transport infrastructure necessary to enable deployment of carbon capture, utilization, and storage technologies.''; and (2) in subsection (d)(1)-- (A) in subparagraph (C), by striking ``and'' at the end; (B) in subparagraph (D), by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following: ``(E) for activities under the front-end engineering and design program described in subsection (b)(2)(E), $100,000,000 for the period of fiscal years 2022 through 2026.''. SEC. 40304. CARBON DIOXIDE TRANSPORTATION INFRASTRUCTURE FINANCE AND INNOVATION. (a) In General.--Title IX of the Energy Policy Act of 2005 (42 U.S.C. 16181 et seq.) is amended by adding at the end the following: ``Subtitle J--Carbon Dioxide Transportation Infrastructure Finance and Innovation ``SEC. 999A. <<NOTE: 42 USC 16371.>> DEFINITIONS. ``In this subtitle: ``(1) CIFIA program.--The term `CIFIA program' means the carbon dioxide transportation infrastructure finance and innovation program established under section 999B(a). ``(2) Common carrier.--The term `common carrier' means a transportation infrastructure operator or owner that-- ``(A) publishes a publicly available tariff containing the just and reasonable rates, terms, and conditions of nondiscriminatory service; and [[Page 135 STAT. 989]] ``(B) holds itself out to provide transportation services to the public for a fee. ``(3) Contingent commitment.--The term `contingent commitment' means a commitment to obligate funds from future available budget authority that is-- ``(A) contingent on those funds being made available in law at a future date; and ``(B) not an obligation of the Federal Government. ``(4) Eligible project costs.--The term `eligible project costs' means amounts substantially all of which are paid by, or for the account of, an obligor in connection with a project, including-- ``(A) the cost of-- ``(i) development-phase activities, including planning, feasibility analysis, revenue forecasting, environmental review, permitting, preliminary engineering and design work, and other preconstruction activities; ``(ii) construction, reconstruction, rehabilitation, replacement, and acquisition of real property (including land relating to the project and improvements to land), environmental mitigation, construction contingencies, and acquisition and installation of equipment (including labor); and ``(iii) capitalized interest necessary to meet market requirements, reasonably required reserve funds, capital issuance expenses, and other carrying costs during construction; and ``(B) transaction costs associated with financing the project, including-- ``(i) the cost of legal counsel and technical consultants; and ``(ii) any subsidy amount paid in accordance with section 999B(c)(3)(B)(ii) or section 999C(b)(6)(B)(ii). ``(5) Federal credit instrument.--The term `Federal credit instrument' means a secured loan or loan guarantee authorized to be provided under the CIFIA program with respect to a project. ``(6) Lender.--The term `lender' means a qualified institutional buyer (as defined in section 230.144A(a) of title 17, Code of Federal Regulations (or a successor regulation), commonly known as Rule 144A(a) of the Securities and Exchange Commission and issued under the Securities Act of 1933 (15 U.S.C. 77a et seq.)), that is not a Federal qualified institutional buyer. ``(7) Letter of interest.--The term `letter of interest' means a letter submitted by a potential applicant prior to an application for credit assistance in a format prescribed by the Secretary on the website of the CIFIA program that-- ``(A) describes the project and the location, purpose, and cost of the project; ``(B) outlines the proposed financial plan, including the requested credit and grant assistance and the proposed obligor; ``(C) provides a status of environmental review; and ``(D) provides information regarding satisfaction of other eligibility requirements of the CIFIA program. [[Page 135 STAT. 990]] ``(8) Loan guarantee.--The term `loan guarantee' means any guarantee or other pledge by the Secretary to pay all or part of the principal of, and interest on, a loan made to an obligor, or debt obligation issued by an obligor, in each case funded by a lender. ``(9) Master credit agreement.--The term `master credit agreement' means a conditional agreement that-- ``(A) is for the purpose of extending credit assistance for-- ``(i) a project of high priority under section 999B(c)(3)(A); or ``(ii) a project covered under section 999B(c)(3)(B); ``(B) does not provide for a current obligation of Federal funds; and ``(C) would-- ``(i) make a contingent commitment of a Federal credit instrument or grant at a future date, subject to-- ``(I) the availability of future funds being made available to carry out the CIFIA program; and ``(II) the satisfaction of all conditions for the provision of credit assistance under the CIFIA program, including section 999C(b); ``(ii) establish the maximum amounts and general terms and conditions of the Federal credit instruments or grants; ``(iii) identify the 1 or more revenue sources that will secure the repayment of the Federal credit instruments; ``(iv) provide for the obligation of funds for the Federal credit instruments or grants after all requirements have been met for the projects subject to the agreement, including-- ``(I) compliance with all applicable requirements specified under the CIFIA program, including sections 999B(d) and 999C(b)(1); and ``(II) the availability of funds to carry out the CIFIA program; and ``(v) <<NOTE: Deadline.>> require that contingent commitments shall result in a financial close and obligation of credit or grant assistance by not later than 4 years after the date of entry into the agreement or release of the commitment, as applicable, unless otherwise extended by the Secretary. ``(10) Obligor.--The term `obligor' means a corporation, partnership, joint venture, trust, non-Federal governmental entity, agency, or instrumentality, or other entity that is liable for payment of the principal of, or interest on, a Federal credit instrument. ``(11) Produced in the united states.--The term `produced in the United States', with respect to iron and steel, means that all manufacturing processes for the iron and steel, including the application of any coating, occurs within the United States. ``(12) Project.--The term `project' means a project for common carrier carbon dioxide transportation infrastructure or associated equipment, including pipeline, shipping, rail, or [[Page 135 STAT. 991]] other transportation infrastructure and associated equipment, that will transport or handle carbon dioxide captured from anthropogenic sources or ambient air, as the Secretary determines to be appropriate. ``(13) Project obligation.--The term `project obligation' means any note, bond, debenture, or other debt obligation issued by an obligor in connection with the financing of a project, other than a Federal credit instrument. ``(14) Secured loan.--The term `secured loan' means a direct loan to an obligor or a debt obligation issued by an obligor and purchased by the Secretary, in each case funded by the Secretary in connection with the financing of a project under section 999C. ``(15) Subsidy amount.--The term `subsidy amount' means the amount of budget authority sufficient to cover the estimated long-term cost to the Federal Government of a Federal credit instrument-- ``(A) calculated on a net present value basis; and ``(B) excluding administrative costs and any incidental effects on governmental receipts or outlays in accordance with the Federal Credit Reform Act of 1990 (2 U.S.C. 661 et seq.). ``(16) Substantial completion.--The term `substantial completion', with respect to a project, means the date-- ``(A) on which the project commences transportation of carbon dioxide; or ``(B) of a comparable event to the event described in subparagraph (A), as determined by the Secretary and specified in the project credit agreement. ``SEC. 999B. <<NOTE: 42 USC 16372.>> DETERMINATION OF ELIGIBILITY AND PROJECT SELECTION. ``(a) Establishment of Program.--The Secretary shall establish and carry out a carbon dioxide transportation infrastructure finance and innovation program, under which the Secretary shall provide for eligible projects in accordance with this subtitle-- ``(1) a Federal credit instrument under section 999C; ``(2) a grant under section 999D; or ``(3) both a Federal credit instrument and a grant. ``(b) Eligibility.-- ``(1) In general.--A project shall be eligible to receive a Federal credit instrument or a grant under the CIFIA program if-- ``(A) the entity proposing to carry out the project submits a letter of interest prior to submission of an application under paragraph (3) for the project; and ``(B) the project meets the criteria described in this subsection. ``(2) Creditworthiness.-- ``(A) <<NOTE: Determination.>> In general.--Each project and obligor that receives a Federal credit instrument or a grant under the CIFIA program shall be creditworthy, such that there exists a reasonable prospect of repayment of the principal and interest on the Federal credit instrument, as determined by the Secretary under subparagraph (B). ``(B) Reasonable prospect of repayment.--The Secretary shall base a determination of whether there is a [[Page 135 STAT. 992]] reasonable prospect of repayment under subparagraph (A) on a comprehensive evaluation of whether the obligor has a reasonable prospect of repaying the Federal credit instrument for the eligible project, including evaluation of-- ``(i) the strength of the contractual terms of an eligible project (if available for the applicable market segment); ``(ii) the forecast of noncontractual cash flows supported by market projections from reputable sources, as determined by the Secretary, and cash sweeps or other structural enhancements; ``(iii) the projected financial strength of the obligor-- ``(I) at the time of loan close; and ``(II) throughout the loan term, including after the project is completed; ``(iv) the financial strength of the investors and strategic partners of the obligor, if applicable; and ``(v) other financial metrics and analyses that are relied on by the private lending community and nationally recognized credit rating agencies, as determined appropriate by the Secretary. ``(3) Applications.--To be eligible for assistance under the CIFIA program, an obligor shall submit to the Secretary a project application at such time, in such manner, and containing such information as the Secretary determines to be appropriate. ``(4) Eligible project costs.--A project under the CIFIA program shall have eligible project costs that are reasonably anticipated to equal or exceed $100,000,000. ``(5) Revenue sources.--The applicable Federal credit instrument shall be repayable, in whole or in part, from-- ``(A) user fees; ``(B) payments owing to the obligor under a public- private partnership; or ``(C) other revenue sources that also secure or fund the project obligations. ``(6) Obligor will be identified later.--A State, local government, agency, or instrumentality of a State or local government, or a public authority, may submit to the Secretary an application under paragraph (3), under which a private party to a public-private partnership will be-- ``(A) the obligor; and ``(B) identified at a later date through completion of a procurement and selection of the private party. ``(7) Beneficial effects.--The Secretary shall determine that financial assistance for each project under the CIFIA program will-- ``(A) attract public or private investment for the project; or ``(B) enable the project to proceed at an earlier date than the project would otherwise be able to proceed or reduce the lifecycle costs (including debt service costs) of the project. ``(8) <<NOTE: Deadline.>> Project readiness.--To be eligible for assistance under the CIFIA program, the applicant shall demonstrate a reasonable expectation that the contracting process for [[Page 135 STAT. 993]] construction of the project can commence by not later than 90 days after the date on which a Federal credit instrument or grant is obligated for the project under the CIFIA program. ``(c) Selection Among Eligible Projects.-- ``(1) Establishment of application process.--The Secretary shall establish an application process under which projects that are eligible to receive assistance under subsection (b) may-- ``(A) receive credit assistance on terms acceptable to the Secretary, if adequate funds are available (including any funds provided on behalf of an eligible project under paragraph (3)(B)(ii)) to cover the subsidy amount associated with the Federal credit instrument; and ``(B) receive grants under section 999D if-- ``(i) adequate funds are available to cover the amount of the grant; and ``(ii) the Secretary determines that the project is eligible under subsection (b). ``(2) Priority.--In selecting projects to receive credit assistance under subsection (b), the Secretary shall give priority to projects that-- ``(A) are large-capacity, common carrier infrastructure; ``(B) have demonstrated demand for use of the infrastructure by associated projects that capture carbon dioxide from anthropogenic sources or ambient air; ``(C) enable geographical diversity in associated projects that capture carbon dioxide from anthropogenic sources or ambient air, with the goal of enabling projects in all major carbon dioxide-emitting regions of the United States; and ``(D) are sited within, or adjacent to, existing pipeline or other linear infrastructure corridors, in a manner that minimizes environmental disturbance and other siting concerns. ``(3) Master credit agreements.-- ``(A) Priority projects.--The Secretary may enter into a master credit agreement for a project that the Secretary determines-- ``(i) will likely be eligible for credit assistance under subsection (b), on obtaining-- ``(I) additional commitments from associated carbon capture projects to use the project; or ``(II) all necessary permits and approvals; and ``(ii) is a project of high priority, as determined in accordance with the criteria described in paragraph (2). ``(B) Adequate funding not available.--If the Secretary fully obligates funding to eligible projects for a fiscal year and adequate funding is not available to fund a Federal credit instrument, a project sponsor (including a unit of State or local government) of an eligible project may elect-- ``(i)(I) to enter into a master credit agreement in lieu of the Federal credit instrument; and ``(II) to wait to execute a Federal credit instrument until the fiscal year for which additional funds are available to receive credit assistance; or [[Page 135 STAT. 994]] ``(ii) if the lack of adequate funding is solely with respect to amounts available for the subsidy amount, to pay the subsidy amount to fund the Federal credit instrument. ``(d) Federal Requirements.-- ``(1) In general.--Nothing in this subtitle supersedes the applicability of any other requirement under Federal law (including regulations). ``(2) NEPA.--Federal credit assistance may only be provided under this subtitle for a project that has received an environmental categorical exclusion, a finding of no significant impact, or a record of decision under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). ``(e) Use of American Iron, Steel, and Manufactured Goods.-- ``(1) In general.--Except as provided in paragraph (2), no Federal credit instrument or grant provided under the CIFIA program shall be made available for a project unless all iron, steel, and manufactured goods used in the project are produced in the United States. ``(2) Exceptions.--Paragraph (1) shall not apply in any case or category of cases with respect to which the Secretary determines that-- ``(A) the application would be inconsistent with the public interest; ``(B) iron, steel, or a relevant manufactured good is not produced in the United States in sufficient and reasonably available quantity, or of a satisfactory quality; or ``(C) the inclusion of iron, steel, or a manufactured good produced in the United States will increase the cost of the overall project by more than 25 percent. ``(3) Waivers.--If the Secretary receives a request for a waiver under this subsection, the Secretary shall-- ``(A) <<NOTE: Public information.>> make available to the public a copy of the request, together with any information available to the Secretary concerning the request-- ``(i) on an informal basis; and ``(ii) by electronic means, including on the official public website of the Department; ``(B) allow for informal public comment relating to the request for not fewer than 15 days before making a determination with respect to the request; and ``(C) approve or disapprove the request by not later than the date that is 120 days after the date of receipt of the request. ``(4) Applicability.--This subsection shall be applied in accordance with any applicable obligations of the United States under international agreements. ``(f) Application Processing Procedures.-- ``(1) <<NOTE: Deadline.>> Notice of complete application.-- Not later than 30 days after the date of receipt of an application under this section, the Secretary shall provide to the applicant a written notice describing whether-- ``(A) the application is complete; or ``(B) additional information or materials are needed to complete the application. [[Page 135 STAT. 995]] ``(2) <<NOTE: Deadline.>> Approval or denial of application.--Not later than 60 days after the date of issuance of a written notice under paragraph (1), the Secretary shall provide to the applicant a written notice informing the applicant whether the Secretary has approved or disapproved the application. ``(g) Development-phase Activities.--Any Federal credit instrument provided under the CIFIA program may be used to finance up to 100 percent of the cost of development-phase activities, as described in section 999A(4)(A). ``SEC. 999C. <<NOTE: 42 USC 16373.>> SECURED LOANS. ``(a) Agreements.-- ``(1) In general.--Subject to paragraph (2), the Secretary may enter into agreements with 1 or more obligors to make secured loans, the proceeds of which-- ``(A) shall be used-- ``(i) to finance eligible project costs of any project selected under section 999B; ``(ii) to refinance interim construction financing of eligible project costs of any project selected under section 999B; or ``(iii) to refinance long-term project obligations or Federal credit instruments, if the refinancing provides additional funding capacity for the completion, enhancement, or expansion of any project that-- ``(I) is selected under section 999B; or ``(II) otherwise meets the requirements of that section; and ``(B) may be used in accordance with subsection (b)(7) to pay any fees collected by the Secretary under subparagraph (B) of that subsection. ``(2) <<NOTE: Consultation.>> Risk assessment.--Before entering into an agreement under this subsection, the Secretary, in consultation with the Director of the Office of Management and Budget, shall determine an appropriate credit subsidy amount for each secured loan, taking into account all relevant factors, including the creditworthiness factors under section 999B(b)(2). ``(b) Terms and Limitations.-- ``(1) In general.--A secured loan under this section with respect to a project shall be on such terms and conditions and contain such covenants, representations, warranties, and requirements (including requirements for audits) as the Secretary determines to be appropriate. ``(2) Maximum amount.--The amount of a secured loan under this section shall not exceed an amount equal to 80 percent of the reasonably anticipated eligible project costs. ``(3) Payment.--A secured loan under this section shall be payable, in whole or in part, from-- ``(A) user fees; ``(B) payments owing to the obligor under a public- private partnership; or ``(C) other revenue sources that also secure or fund the project obligations. ``(4) Interest rate.-- ``(A) In general.--Except as provided in subparagraph (B), the interest rate on a secured loan under this section shall be not less than the interest rate reflected in the [[Page 135 STAT. 996]] yield on United States Treasury securities of a similar maturity to the maturity of the secured loan on the date of execution of the loan agreement. ``(B) Limited buydowns.-- ``(i) In general.--Subject to clause (iii), the Secretary may lower the interest rate of a secured loan under this section to not lower than the interest rate described in clause (ii), if the interest rate has increased during the period-- ``(I) beginning on, as applicable-- ``(aa) the date on which an application acceptable to the Secretary is submitted for the applicable project; or ``(bb) the date on which the Secretary entered into a master credit agreement for the applicable project; and ``(II) ending on the date on which the Secretary executes the Federal credit instrument for the applicable project that is the subject of the secured loan. ``(ii) Description of interest rate.--The interest rate referred to in clause (i) is the interest rate reflected in the yield on United States Treasury securities of a similar maturity to the maturity of the secured loan in effect, as applicable to the project that is the subject of the secured loan, on-- ``(I) the date described in clause (i)(I)(aa); or ``(II) the date described in clause (i)(I)(bb). ``(iii) Limitation.--The interest rate of a secured loan may not be lowered pursuant to clause (i) by more than 1\1/2\ percentage points (150 basis points). ``(5) Maturity date.--The final maturity date of the secured loan shall be the earlier of-- ``(A) the date that is 35 years after the date of substantial completion of the project; and ``(B) if the useful life of the capital asset being financed is of a lesser period, the date that is the end of the useful life of the asset. ``(6) Nonsubordination.-- ``(A) In general.--Except as provided in subparagraph (B), the secured loan shall not be subordinated to the claims of any holder of project obligations in the event of bankruptcy, insolvency, or liquidation of the obligor. ``(B) Preexisting indenture.-- ``(i) <<NOTE: Waiver authority.>> In general.--The Secretary shall waive the requirement under subparagraph (A) for a public agency borrower that is financing ongoing capital programs and has outstanding senior bonds under a preexisting indenture, if-- ``(I) the secured loan is rated in the A category or higher; and ``(II) the secured loan is secured and payable from pledged revenues not affected by project performance, such as a tax-backed revenue pledge or a system- backed pledge of project revenues. ``(ii) Limitation.--If the Secretary waives the nonsubordination requirement under this subparagraph-- [[Page 135 STAT. 997]] ``(I) the maximum credit subsidy amount to be paid by the Federal Government shall be not more than 10 percent of the principal amount of the secured loan; and ``(II) the obligor shall be responsible for paying the remainder of the subsidy amount, if any. ``(7) Fees.-- ``(A) In general.--The Secretary may collect a fee on or after the date of the financial close of a Federal credit instrument under this section in an amount equal to not more than $3,000,000 to cover all or a portion of the costs to the Federal Government of providing the Federal credit instrument. ``(B) Amendment to add cost of fees to secured loan.--If the Secretary collects a fee from an obligor under subparagraph (A) to cover all or a portion of the costs to the Federal Government of providing a secured loan, the obligor and the Secretary may amend the terms of the secured loan to add to the principal of the secured loan an amount equal to the amount of the fee collected by the Secretary. ``(8) Maximum federal involvement.--The total Federal assistance provided for a project under the CIFIA program, including any grant provided under section 999D, shall not exceed an amount equal to 80 percent of the eligible project costs. ``(c) Repayment.-- ``(1) Schedule.--The Secretary shall establish a repayment schedule for each secured loan under this section based on-- ``(A) the projected cash flow from project revenues and other repayment sources; and ``(B) the useful life of the project. ``(2) <<NOTE: Deadline.>> Commencement.--Scheduled loan repayments of principal or interest on a secured loan under this section shall commence not later than 5 years after the date of substantial completion of the project. ``(3) Deferred payments.-- ``(A) In general.--If, at any time after the date of substantial completion of a project, the project is unable to generate sufficient revenues in excess of reasonable and necessary operating expenses to pay the scheduled loan repayments of principal and interest on the secured loan, the Secretary may, subject to subparagraph (C), allow the obligor to add unpaid principal and interest to the outstanding balance of the secured loan. ``(B) Interest.--Any payment deferred under subparagraph (A) shall-- ``(i) continue to accrue interest in accordance with subsection (b)(4) until fully repaid; and ``(ii) be scheduled to be amortized over the remaining term of the loan. ``(C) Criteria.-- ``(i) In general.--Any payment deferral under subparagraph (A) shall be contingent on the project meeting criteria established by the Secretary. [[Page 135 STAT. 998]] ``(ii) Repayment standards.--The criteria established pursuant to clause (i) shall include standards for the reasonable prospect of repayment. ``(4) Prepayment.-- ``(A) Use of excess revenues.--Any excess revenues that remain after satisfying scheduled debt service requirements on the project obligations and secured loan and all deposit requirements under the terms of any trust agreement, bond resolution, or similar agreement securing project obligations may be applied annually to prepay the secured loan, without penalty. ``(B) Use of proceeds of refinancing.--A secured loan may be prepaid at any time without penalty from the proceeds of refinancing from non-Federal funding sources. ``(d) Sale of Secured Loans.-- ``(1) In general.--Subject to paragraph (2), as soon as practicable after substantial completion of a project and after notifying the obligor, the Secretary may sell to another entity or reoffer into the capital markets a secured loan for the project if the Secretary determines that the sale or reoffering can be made on favorable terms. ``(2) Consent of obligor.--In making a sale or reoffering under paragraph (1), the Secretary may not change any original term or condition of the secured loan without the written consent of the obligor. ``(e) Loan Guarantees.-- ``(1) In general.--The Secretary may provide a loan guarantee to a lender in lieu of making a secured loan under this section if the Secretary determines that the budgetary cost of the loan guarantee is substantially the same as, or less than, that of a secured loan. ``(2) Terms.--The terms of a loan guarantee under paragraph (1) shall be consistent with the terms required under this section for a secured loan, except that the rate on the guaranteed loan and any prepayment features shall be negotiated between the obligor and the lender, with the consent of the Secretary. ``SEC. 999D. <<NOTE: 42 USC 16374.>> FUTURE GROWTH GRANTS. ``(a) Establishment.--The Secretary may provide grants to pay a portion of the cost differential, with respect to any projected future increase in demand for carbon dioxide transportation by an infrastructure project described in subsection (b), between-- ``(1) the cost of constructing the infrastructure asset with the capacity to transport an increased flow rate of carbon dioxide, as made practicable under the project; and ``(2) the cost of constructing the infrastructure asset with the capacity to transport carbon dioxide at the flow rate initially required, based on commitments for the use of the asset. ``(b) Eligibility.--To be eligible to receive a grant under this section, an entity shall-- ``(1) be eligible to receive credit assistance under the CIFIA program; ``(2) carry out, or propose to carry out, a project for large-capacity, common carrier infrastructure with a probable future increase in demand for carbon dioxide transportation; and [[Page 135 STAT. 999]] ``(3) submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary determines to be appropriate. ``(c) Use of Funds.--A grant provided under this section may be used only to pay the costs of any additional flow rate capacity of a carbon dioxide transportation infrastructure asset that the project sponsor demonstrates to the satisfaction of the Secretary can reasonably be expected to be used during the 20-year period beginning on the date of substantial completion of the project described in subsection (b)(2). ``(d) Maximum Amount.--The amount of a grant provided under this section may not exceed an amount equal to 80 percent of the cost of the additional capacity described in subsection (a). ``SEC. 999E. <<NOTE: 42 USC 16375.>> PROGRAM ADMINISTRATION. ``(a) Requirement.--The Secretary shall establish a uniform system to service the Federal credit instruments provided under the CIFIA program. ``(b) Fees.--If funding sufficient to cover the costs of services of expert firms retained pursuant to subsection (d) and all or a portion of the costs to the Federal Government of servicing the Federal credit instruments is not provided in an appropriations Act for a fiscal year, the Secretary, during that fiscal year, may collect fees on or after the date of the financial close of a Federal credit instrument provided under the CIFIA program at a level that is sufficient to cover those costs. ``(c) Servicer.-- ``(1) In general.--The Secretary may appoint a financial entity to assist the Secretary in servicing the Federal credit instruments. ``(2) Duties.--A servicer appointed under paragraph (1) shall act as the agent for the Secretary. ``(3) Fee.--A servicer appointed under paragraph (1) shall receive a servicing fee, subject to approval by the Secretary. ``(d) Assistance From Expert Firms.--The Secretary may retain the services of expert firms, including counsel, in the field of municipal and project finance to assist in the underwriting and servicing of Federal credit instruments. ``(e) Expedited Processing.--The Secretary shall implement procedures and measures to economize the time and cost involved in obtaining approval and the issuance of credit assistance under the CIFIA program. ``SEC. 999F. <<NOTE: 42 USC 16376.>> STATE AND LOCAL PERMITS. ``The provision of credit assistance under the CIFIA program with respect to a project shall not-- ``(1) relieve any recipient of the assistance of any project obligation to obtain any required State or local permit or approval with respect to the project; ``(2) limit the right of any unit of State or local government to approve or regulate any rate of return on private equity invested in the project; or ``(3) otherwise supersede any State or local law (including any regulation) applicable to the construction or operation of the project. [[Page 135 STAT. 1000]] ``SEC. 999G. <<NOTE: 42 USC 16377.>> REGULATIONS. ``The Secretary may promulgate such regulations as the Secretary determines to be appropriate to carry out the CIFIA program. ``SEC. 999H. <<NOTE: 42 USC 16378.>> AUTHORIZATION OF APPROPRIATIONS; CONTRACT AUTHORITY. ``(a) Authorization of Appropriations.-- ``(1) <<NOTE: Time periods.>> In general.--There are authorized to be appropriated to the Secretary to carry out this subtitle-- ``(A) $600,000,000 for each of fiscal years 2022 and 2023; and ``(B) $300,000,000 for each of fiscal years 2024 through 2026. ``(2) Spending and borrowing authority.--Spending and borrowing authority for a fiscal year to enter into Federal credit instruments shall be promptly apportioned to the Secretary on a fiscal-year basis. ``(3) Reestimates.--If the subsidy amount of a Federal credit instrument is reestimated, the cost increase or decrease of the reestimate shall be borne by, or benefit, the general fund of the Treasury, consistent with section 504(f) of the Congressional Budget Act of 1974 (2 U.S.C. 661c(f)). ``(4) Administrative costs.--Of the amounts made available to carry out the CIFIA program, the Secretary may use not more than $9,000,000 (as indexed for United States dollar inflation from the date of enactment of the Infrastructure Investment and Jobs Act (as measured by the Consumer Price Index)) each fiscal year for the administration of the CIFIA program. ``(b) Contract Authority.-- ``(1) In general.--Notwithstanding any other provision of law, execution of a term sheet by the Secretary of a Federal credit instrument that uses amounts made available under the CIFIA program shall impose on the United States a contractual obligation to fund the Federal credit investment. ``(2) Availability.--Amounts made available to carry out the CIFIA program for a fiscal year shall be available for obligation on October 1 of the fiscal year.''. (b) Technical Amendments.--The table of contents for the Energy Policy Act of 2005 (Public Law 109-58; 119 Stat. 600) is amended-- (1) in the item relating to section 917, by striking ``Efficiency''; (2) by striking the items relating to subtitle J of title IX (relating to ultra-deepwater and unconventional natural gas and other petroleum resources) and inserting the following: ``Subtitle J--Carbon Dioxide Transportation Infrastructure Finance and Innovation ``Sec. 999A. Definitions. ``Sec. 999B. Determination of eligibility and project selection. ``Sec. 999C. Secured loans. ``Sec. 999D. Future growth grants. ``Sec. 999E. Program administration. ``Sec. 999F. State and local permits. ``Sec. 999G. Regulations. ``Sec. 999H. Authorization of appropriations; contract authority.''; and (3) by striking the item relating to section 969B and inserting the following: ``Sec. 969B. High efficiency turbines.''. [[Page 135 STAT. 1001]] SEC. 40305. CARBON STORAGE VALIDATION AND TESTING. Section 963 of the Energy Policy Act of 2005 (42 U.S.C. 16293) is amended-- (1) in subsection (a)(1)(B), by striking ``over a 10-year period''; (2) in subsection (b)-- (A) in paragraph (1), by striking ``and demonstration'' and inserting ``demonstration, and commercialization''; and (B) in paragraph (2)-- (i) in subparagraph (G), by striking ``and'' at the end; (ii) in subparagraph (H), by striking the period at the end and inserting ``; and''; and (iii) by adding at the end the following: ``(I) evaluating the quantity, location, and timing of geologic carbon storage deployment that may be needed, and developing strategies and resources to enable the deployment.''; (3) by redesignating subsections (e) through (g) as subsections (f) through (h), respectively; (4) by inserting after subsection (d) the following: ``(e) Large-scale Carbon Storage Commercialization Program.-- ``(1) In general.--The Secretary shall establish a commercialization program under which the Secretary shall provide funding for the development of new or expanded commercial large-scale carbon sequestration projects and associated carbon dioxide transport infrastructure, including funding for the feasibility, site characterization, permitting, and construction stages of project development. ``(2) Applications; selection.-- ``(A) In general.--To be eligible to enter into an agreement with the Secretary for funding under paragraph (1), an entity shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary determines to be appropriate. ``(B) Application process.--The Secretary shall establish an application process that, to the maximum extent practicable-- ``(i) is open to projects at any stage of development described in paragraph (1); and ``(ii) facilitates expeditious development of projects described in that paragraph. ``(C) Project selection.--In selecting projects for funding under paragraph (1), the Secretary shall give priority to-- ``(i) projects with substantial carbon dioxide storage capacity; or ``(ii) projects that will store carbon dioxide from multiple carbon capture facilities.''; (5) in subsection (f) (as so redesignated), in paragraph (1), by inserting ``with respect to the research, development, demonstration program components described in subsections (b) through (d)'' before ``give preference''; and (6) by striking subsection (h) (as so redesignated) and inserting the following: [[Page 135 STAT. 1002]] ``(h) <<NOTE: Time period.>> Authorization of Appropriations.-- There is authorized to be appropriated to the Secretary to carry out this section $2,500,000,000 for the period of fiscal years 2022 through 2026.''. SEC. 40306. <<NOTE: Time period. 42 USC 300h-9.>> SECURE GEOLOGIC STORAGE PERMITTING. (a) Definitions.--In this section: (1) Administrator.--The term ``Administrator'' means the Administrator of the Environmental Protection Agency. (2) Class vi well.--The term ``Class VI well'' means a well described in section 144.6(f) of title 40, Code of Federal Regulations (or successor regulations). (b) Authorization of Appropriations for Geologic Sequestration Permitting.--There is authorized to be appropriated to the Administrator for the permitting of Class VI wells by the Administrator for the injection of carbon dioxide for the purpose of geologic sequestration in accordance with the requirements of the Safe Drinking Water Act (42 U.S.C. 300f et seq.) and the final rule of the Administrator entitled ``Federal Requirements Under the Underground Injection Control (UIC) Program for Carbon Dioxide (CO2) Geologic Sequestration (GS) Wells'' (75 Fed. Reg. 77230 (December 10, 2010)), $5,000,000 for each of fiscal years 2022 through 2026. (c) State Permitting Program Grants.-- (1) Establishment.--The Administrator shall award grants to States that, pursuant to section 1422 of the Safe Drinking Water Act (42 U.S.C. 300h-1), receive the approval of the Administrator for a State underground injection control program for permitting Class VI wells for the injection of carbon dioxide. (2) Use of funds.--A State that receives a grant under paragraph (1) shall use the amounts received under the grant to defray the expenses of the State related to the establishment and operation of a State underground injection control program described in paragraph (1). (3) Authorization of appropriations.--There is authorized to be appropriated to the Administrator to carry out this subsection $50,000,000 for the period of fiscal years 2022 through 2026. SEC. 40307. GEOLOGIC CARBON SEQUESTRATION ON THE OUTER CONTINENTAL SHELF. (a) Definitions.--Section 2 of the Outer Continental Shelf Lands Act (43 U.S.C. 1331) is amended-- (1) in the matter preceding subsection (a), by striking ``When used in this Act--'' and inserting ``In this Act:''; (2) in each subsection, by inserting a subsection heading, the text of which is comprised of the term defined in the subsection; (3) by striking the semicolon at the end of each subsection (other than subsection (q)) and ``; and'' at the end of subsection (p) and inserting a period; and (4) by adding at the end the following: ``(r) Carbon Dioxide Stream.-- ``(1) In general.--The term `carbon dioxide stream' means carbon dioxide that-- ``(A) has been captured; and ``(B) consists overwhelmingly of-- [[Page 135 STAT. 1003]] ``(i) carbon dioxide plus incidental associated substances derived from the source material or capture process; and ``(ii) any substances added to the stream for the purpose of enabling or improving the injection process. ``(2) Exclusions.--The term `carbon dioxide stream' does not include additional waste or other matter added to the carbon dioxide stream for the purpose of disposal. ``(s) Carbon Sequestration.--The term `carbon sequestration' means the act of storing carbon dioxide that has been removed from the atmosphere or captured through physical, chemical, or biological processes that can prevent the carbon dioxide from reaching the atmosphere.''. (b) Leases, Easements, or Rights-of-way for Energy and Related Purposes.--Section 8(p)(1) of the Outer Continental Shelf Lands Act (43 U.S.C. 1337(p)(1)) is amended-- (1) in subparagraph (C), by striking ``or'' after the semicolon; (2) in subparagraph (D), by striking the period at the end and inserting ``; or''; and (3) by adding at the end the following: ``(E) provide for, support, or are directly related to the injection of a carbon dioxide stream into sub- seabed geologic formations for the purpose of long-term carbon sequestration.''. (c) <<NOTE: 43 USC 1337 note.>> Clarification.--A carbon dioxide stream injected for the purpose of carbon sequestration under subparagraph (E) of section 8(p)(1) of the Outer Continental Shelf Lands Act (43 U.S.C. 1337(p)(1)) shall not be considered to be material (as defined in section 3 of the Marine Protection, Research, and Sanctuaries Act of 1972 (33 U.S.C. 1402)) for purposes of that Act (33 U.S.C. 1401 et seq.). (d) <<NOTE: Deadline. 43 USC 1331 note.>> Regulations.--Not later than 1 year after the date of enactment of this Act, the Secretary of the Interior shall promulgate regulations to carry out the amendments made by this section. SEC. 40308. CARBON REMOVAL. (a) In General.--Section 969D of the Energy Policy Act of 2005 (42 U.S.C. 16298d) is amended-- (1) by redesignating subsection (j) as subsection (k); and (2) by inserting after subsection (i) the following: ``(j) Regional Direct Air Capture Hubs.-- ``(1) Definitions.--In this subsection: ``(A) Eligible project.--The term `eligible project' means a direct air capture project or a component project of a regional direct air capture hub. ``(B) Regional direct air capture hub.--The term `regional direct air capture hub' means a network of direct air capture projects, potential carbon dioxide utilization off-takers, connective carbon dioxide transport infrastructure, subsurface resources, and sequestration infrastructure located within a region. ``(2) Establishment of program.-- ``(A) In general.--The Secretary shall establish a program under which the Secretary shall provide funding for eligible projects that contribute to the development of 4 [[Page 135 STAT. 1004]] regional direct air capture hubs described in subparagraph (B). ``(B) Regional direct air capture hubs.--Each of the 4 regional direct air capture hubs developed under the program under subparagraph (A) shall be a regional direct air capture hub that-- ``(i) facilitates the deployment of direct air capture projects; ``(ii) has the capacity to capture and sequester, utilize, or sequester and utilize at least 1,000,000 metric tons of carbon dioxide from the atmosphere annually from a single unit or multiple interconnected units; ``(iii) demonstrates the capture, processing, delivery, and sequestration or end-use of captured carbon; and ``(iv) could be developed into a regional or interregional carbon network to facilitate sequestration or carbon utilization. ``(3) Selection of projects.-- ``(A) Solicitation of proposals.-- ``(i) <<NOTE: Deadline.>> In general.--Not later than 180 days after the date of enactment of the Infrastructure Investment and Jobs Act, the Secretary shall solicit applications for funding for eligible projects. ``(ii) Additional solicitations.--The Secretary shall solicit applications for funding for eligible projects on a recurring basis after the first round of applications is received under clause (i) until all amounts appropriated to carry out this subsection are expended. ``(B) <<NOTE: Deadline.>> Selection of projects for the development of regional direct air capture hubs.-- Not later than 3 years after the date of the deadline for the submission of proposals under subparagraph (A)(i), the Secretary shall select eligible projects described in paragraph (2)(A). ``(C) Criteria.--The Secretary shall select eligible projects under subparagraph (B) using the following criteria: ``(i) Carbon intensity of local industry.--To the maximum extent practicable, each eligible project shall be located in a region with-- ``(I) existing carbon-intensive fuel production or industrial capacity; or ``(II) <<NOTE: Time period.>> carbon-intensive fuel production or industrial capacity that has retired or closed in the preceding 10 years. ``(ii) Geographic diversity.--To the maximum extent practicable, eligible projects shall contribute to the development of regional direct air capture hubs located in different regions of the United States. ``(iii) Carbon potential.--To the maximum extent practicable, eligible projects shall contribute to the development of regional direct air capture hubs located in regions with high potential for carbon sequestration or utilization. [[Page 135 STAT. 1005]] ``(iv) Hubs in fossil-producing regions.--To the maximum extent practicable, eligible projects shall contribute to the development of at least 2 regional direct air capture hubs located in economically distressed communities in the regions of the United States with high levels of coal, oil, or natural gas resources. ``(v) Scalability.--The Secretary shall give priority to eligible projects that, as compared to other eligible projects, will contribute to the development of regional direct air capture hubs with larger initial capacity, greater potential for expansion, and lower levelized cost per ton of carbon dioxide removed from the atmosphere. ``(vi) Employment.--The Secretary shall give priority to eligible projects that are likely to create opportunities for skilled training and long-term employment to the greatest number of residents of the region. ``(vii) Additional criteria.--The Secretary may take into consideration other criteria that, in the judgment of the Secretary, are necessary or appropriate to carry out this subsection. ``(D) Coordination.--To the maximum extent practicable, in carrying out the program under this subsection, the Secretary shall take into account and coordinate with activities of the carbon capture technology program established under section 962(b)(1), the carbon storage validation and testing program established under section 963(b)(1), and the CIFIA program established under section 999B(a) such that funding from each of the programs is leveraged to contribute toward the development of integrated regional and interregional carbon capture, removal, transport, sequestration, and utilization networks. ``(E) <<NOTE: Grants. Contracts.>> Funding of eligible projects.--The Secretary may make grants to, or enter into cooperative agreements or contracts with, each eligible project selected under subparagraph (B) to accelerate commercialization of, and demonstrate the removal, processing, transport, sequestration, and utilization of, carbon dioxide captured from the atmosphere. ``(4) <<NOTE: Time period.>> Authorization of appropriations.--There is authorized to be appropriated to the Secretary to carry out this subsection $3,500,000,000 for the period of fiscal years 2022 through 2026, to remain available until expended.''. Subtitle B--Hydrogen Research and Development SEC. 40311. <<NOTE: 42 USC 16151 note.>> FINDINGS; PURPOSE. (a) Findings.--Congress finds that-- (1) hydrogen plays a critical part in the comprehensive energy portfolio of the United States; (2) the use of the hydrogen resources of the United States-- (A) promotes energy security and resilience; and [[Page 135 STAT. 1006]] (B) provides economic value and environmental benefits for diverse applications across multiple sectors of the economy; and (3) hydrogen can be produced from a variety of domestically available clean energy sources, including-- (A) renewable energy resources, including biomass; (B) fossil fuels with carbon capture, utilization, and storage; and (C) nuclear power. (b) Purpose.--The purpose of this subtitle is to accelerate research, development, demonstration, and deployment of hydrogen from clean energy sources by-- (1) providing a statutory definition for the term ``clean hydrogen''; (2) establishing a clean hydrogen strategy and roadmap for the United States; (3) establishing a clearing house for clean hydrogen program information at the National Energy Technology Laboratory; (4) developing a robust clean hydrogen supply chain and workforce by prioritizing clean hydrogen demonstration projects in major shale gas regions; (5) establishing regional clean hydrogen hubs; and (6) authorizing appropriations to carry out the Department of Energy Hydrogen Program Plan, dated November 2020, developed pursuant to title VIII of the Energy Policy Act of 2005 (42 U.S.C. 16151 et seq.). SEC. 40312. DEFINITIONS. Section 803 of the Energy Policy Act of 2005 (42 U.S.C. 16152) is amended-- (1) in paragraph (5), by striking the paragraph designation and heading and all that follows through ``when'' in the matter preceding subparagraph (A) and inserting the following: ``(5) Portable; storage.--The terms `portable' and `storage', when''; (2) by redesignating paragraphs (1) through (7) as paragraphs (2) through (8), respectively; and (3) by inserting before paragraph (2) (as so redesignated) the following: ``(1) Clean hydrogen; hydrogen.--The terms `clean hydrogen' and `hydrogen' mean hydrogen produced in compliance with the greenhouse gas emissions standard established under section 822(a), including production from any fuel source.''. SEC. 40313. CLEAN HYDROGEN RESEARCH AND DEVELOPMENT PROGRAM. (a) In General.--Section 805 of the Energy Policy Act of 2005 (42 U.S. 16154) is amended-- (1) in the section heading, by striking ``programs'' and inserting ``clean hydrogen research and development program''; (2) in subsection (a)-- (A) by striking ``research and development program'' and inserting ``crosscutting research and development program (referred to in this section as the `program')''; and (B) by inserting ``processing,'' after ``production,''; [[Page 135 STAT. 1007]] (3) by striking subsection (b) and inserting the following: ``(b) Goals.--The goals of the program shall be-- ``(1) to advance research and development to demonstrate and commercialize the use of clean hydrogen in the transportation, utility, industrial, commercial, and residential sectors; and ``(2) to demonstrate a standard of clean hydrogen production in the transportation, utility, industrial, commercial, and residential sectors by 2040.''; (4) in subsection (c)(3), by striking ``renewable fuels and biofuels'' and inserting ``fossil fuels with carbon capture, utilization, and sequestration, renewable fuels, biofuels, and nuclear energy''; (5) by striking subsection (e) and inserting the following: ``(e) Activities.--In carrying out the program, the Secretary, in partnership with the private sector, shall conduct activities to advance and support-- ``(1) the establishment of a series of technology cost goals oriented toward achieving the standard of clean hydrogen production developed under section 822(a); ``(2) the production of clean hydrogen from diverse energy sources, including-- ``(A) fossil fuels with carbon capture, utilization, and sequestration; ``(B) hydrogen-carrier fuels (including ethanol and methanol); ``(C) renewable energy resources, including biomass; ``(D) nuclear energy; and ``(E) any other methods the Secretary determines to be appropriate; ``(3) the use of clean hydrogen for commercial, industrial, and residential electric power generation; ``(4) the use of clean hydrogen in industrial applications, including steelmaking, cement, chemical feedstocks, and process heat; ``(5) the use of clean hydrogen for use as a fuel source for both residential and commercial comfort heating and hot water requirements; ``(6) the safe and efficient delivery of hydrogen or hydrogen-carrier fuels, including-- ``(A) transmission by pipelines, including retrofitting the existing natural gas transportation infrastructure system to enable a transition to transport and deliver increasing levels of clean hydrogen, clean hydrogen blends, or clean hydrogen carriers; ``(B) tanks and other distribution methods; and ``(C) convenient and economic refueling of vehicles, locomotives, maritime vessels, or planes-- ``(i) at central refueling stations; or ``(ii) through distributed onsite generation; ``(7) advanced vehicle, locomotive, maritime vessel, or plane technologies, including-- ``(A) engine and emission control systems; ``(B) energy storage, electric propulsion, and hybrid systems; ``(C) automotive, locomotive, maritime vessel, or plane materials; and [[Page 135 STAT. 1008]] ``(D) other advanced vehicle, locomotive, maritime vessel, or plane technologies; ``(8) storage of hydrogen or hydrogen-carrier fuels, including the development of materials for safe and economic storage in gaseous, liquid, or solid form; ``(9) the development of safe, durable, affordable, and efficient fuel cells, including fuel-flexible fuel cell power systems, improved manufacturing processes, high-temperature membranes, cost-effective fuel processing for natural gas, fuel cell stack and system reliability, low-temperature operation, and cold start capability; ``(10) the ability of domestic clean hydrogen equipment manufacturers to manufacture commercially available competitive technologies in the United States; ``(11) the use of clean hydrogen in the transportation sector, including in light-, medium-, and heavy-duty vehicles, rail transport, aviation, and maritime applications; and ``(12) <<NOTE: Coordination.>> in coordination with relevant agencies, the development of appropriate, uniform codes and standards for the safe and consistent deployment and commercialization of clean hydrogen production, processing, delivery, and end-use technologies.''; and (6) by adding at the end the following: ``(j) <<NOTE: Deadline. Time periods.>> Targets.--Not later than 180 days after the date of enactment of the Infrastructure Investment and Jobs Act, the Secretary shall establish targets for the program to address near-term (up to 2 years), mid-term (up to 7 years), and long- term (up to 15 years) challenges to the advancement of clean hydrogen systems and technologies.''. (b) Conforming Amendment.--The table of contents for the Energy Policy Act of 2005 (Public Law 109-58; 119 Stat. 599) is amended by striking the item relating to section 805 and inserting the following: ``Sec. 805. Clean hydrogen research and development program.''. SEC. 40314. ADDITIONAL CLEAN HYDROGEN PROGRAMS. Title VIII of the Energy Policy Act of 2005 (42 U.S.C. 16151 et seq.) is amended-- (1) by redesignating sections 813 through 816 <<NOTE: 42 USC 16162-16165.>> as sections 818 through 821, respectively; and (2) by inserting after section 812 the following: ``SEC. 813. <<NOTE: 42 USC 16161a.>> REGIONAL CLEAN HYDROGEN HUBS. ``(a) Definition of Regional Clean Hydrogen Hub.--In this section, the term `regional clean hydrogen hub' means a network of clean hydrogen producers, potential clean hydrogen consumers, and connective infrastructure located in close proximity. ``(b) Establishment of Program.--The Secretary shall establish a program to support the development of at least 4 regional clean hydrogen hubs that-- ``(1) demonstrably aid the achievement of the clean hydrogen production standard developed under section 822(a); ``(2) demonstrate the production, processing, delivery, storage, and end-use of clean hydrogen; and ``(3) can be developed into a national clean hydrogen network to facilitate a clean hydrogen economy. ``(c) Selection of Regional Clean Hydrogen Hubs.-- [[Page 135 STAT. 1009]] ``(1) <<NOTE: Deadline.>> Solicitation of proposals.--Not later than 180 days after the date of enactment of the Infrastructure Investment and Jobs Act, the Secretary shall solicit proposals for regional clean hydrogen hubs. ``(2) <<NOTE: Deadline.>> Selection of hubs.--Not later than 1 year after the deadline for the submission of proposals under paragraph (1), the Secretary shall select at least 4 regional clean hydrogen hubs to be developed under subsection (b). ``(3) Criteria.--The Secretary shall select regional clean hydrogen hubs under paragraph (2) using the following criteria: ``(A) Feedstock diversity.--To the maximum extent practicable-- ``(i) at least 1 regional clean hydrogen hub shall demonstrate the production of clean hydrogen from fossil fuels; ``(ii) at least 1 regional clean hydrogen hub shall demonstrate the production of clean hydrogen from renewable energy; and ``(iii) at least 1 regional clean hydrogen hub shall demonstrate the production of clean hydrogen from nuclear energy. ``(B) End-use diversity.--To the maximum extent practicable-- ``(i) at least 1 regional clean hydrogen hub shall demonstrate the end-use of clean hydrogen in the electric power generation sector; ``(ii) at least 1 regional clean hydrogen hub shall demonstrate the end-use of clean hydrogen in the industrial sector; ``(iii) at least 1 regional clean hydrogen hub shall demonstrate the end-use of clean hydrogen in the residential and commercial heating sector; and ``(iv) at least 1 regional clean hydrogen hub shall demonstrate the end-use of clean hydrogen in the transportation sector. ``(C) Geographic diversity.--To the maximum extent practicable, each regional clean hydrogen hub-- ``(i) shall be located in a different region of the United States; and ``(ii) shall use energy resources that are abundant in that region. ``(D) Hubs in natural gas-producing regions.--To the maximum extent practicable, at least 2 regional clean hydrogen hubs shall be located in the regions of the United States with the greatest natural gas resources. ``(E) Employment.--The Secretary shall give priority to regional clean hydrogen hubs that are likely to create opportunities for skilled training and long-term employment to the greatest number of residents of the region. ``(F) Additional criteria.--The Secretary may take into consideration other criteria that, in the judgment of the Secretary, are necessary or appropriate to carry out this title ``(4) <<NOTE: Grants.>> Funding of regional clean hydrogen hubs.--The Secretary may make grants to each regional clean hydrogen [[Page 135 STAT. 1010]] hub selected under paragraph (2) to accelerate commercialization of, and demonstrate the production, processing, delivery, storage, and end-use of, clean hydrogen. ``(d) <<NOTE: Time period.>> Authorization of Appropriations.-- There is authorized to be appropriated to the Secretary to carry out this section $8,000,000,000 for the period of fiscal years 2022 through 2026. ``SEC. 814. <<NOTE: 42 USC 16161b.>> NATIONAL CLEAN HYDROGEN STRATEGY AND ROADMAP. ``(a) Development.-- ``(1) <<NOTE: Consultation.>> In general.--In carrying out the programs established under sections 805 and 813, the Secretary, in consultation with the heads of relevant offices of the Department, shall develop a technologically and economically feasible national strategy and roadmap to facilitate widescale production, processing, delivery, storage, and use of clean hydrogen. ``(2) Inclusions.--The national clean hydrogen strategy and roadmap developed under paragraph (1) shall focus on-- ``(A) establishing a standard of hydrogen production that achieves the standard developed under section 822(a), including interim goals towards meeting that standard; ``(B)(i) clean hydrogen production and use from natural gas, coal, renewable energy sources, nuclear energy, and biomass; and ``(ii) identifying potential barriers, pathways, and opportunities, including Federal policy needs, to transition to a clean hydrogen economy; ``(C) identifying-- ``(i) economic opportunities for the production, processing, transport, storage, and use of clean hydrogen that exist in the major shale natural gas-producing regions of the United States; ``(ii) economic opportunities for the production, processing, transport, storage, and use of clean hydrogen that exist for merchant nuclear power plants operating in deregulated markets; and ``(iii) environmental risks associated with potential deployment of clean hydrogen technologies in those regions, and ways to mitigate those risks; ``(D) approaches, including substrategies, that reflect geographic diversity across the country, to advance clean hydrogen based on resources, industry sectors, environmental benefits, and economic impacts in regional economies; ``(E) identifying opportunities to use, and barriers to using, existing infrastructure, including all components of the natural gas infrastructure system, the carbon dioxide pipeline infrastructure system, end-use local distribution networks, end-use power generators, LNG terminals, industrial users of natural gas, and residential and commercial consumers of natural gas, for clean hydrogen deployment; ``(F) identifying the needs for and barriers and pathways to developing clean hydrogen hubs (including, where appropriate, clean hydrogen hubs coupled with carbon capture, utilization, and storage hubs) that-- ``(i) are regionally dispersed across the United States and can leverage natural gas to the maximum extent practicable; [[Page 135 STAT. 1011]] ``(ii) can demonstrate the efficient production, processing, delivery, and use of clean hydrogen; ``(iii) include transportation corridors and modes of transportation, including transportation of clean hydrogen by pipeline and rail and through ports; and ``(iv) where appropriate, could serve as joint clean hydrogen and carbon capture, utilization, and storage hubs; ``(G) prioritizing activities that improve the ability of the Department to develop tools to model, analyze, and optimize single-input, multiple-output integrated hybrid energy systems and multiple-input, multiple-output integrated hybrid energy systems that maximize efficiency in providing hydrogen, high-value heat, electricity, and chemical synthesis services; ``(H) identifying the appropriate points of interaction between and among Federal agencies involved in the production, processing, delivery, storage, and use of clean hydrogen and clarifying the responsibilities of those Federal agencies, and potential regulatory obstacles and recommendations for modifications, in order to support the deployment of clean hydrogen; and ``(I) identifying geographic zones or regions in which clean hydrogen technologies could efficiently and economically be introduced in order to transition existing infrastructure to rely on clean hydrogen, in support of decarbonizing all relevant sectors of the economy. ``(b) Reports to Congress.-- ``(1) In general.--Not later than 180 days after the date of enactment of the Infrastructure Investment and Jobs Act, the Secretary shall submit to Congress the clean hydrogen strategy and roadmap developed under subsection (a). ``(2) <<NOTE: Time period.>> Updates.--The Secretary shall submit to Congress updates to the clean hydrogen strategy and roadmap under paragraph (1) not less frequently than once every 3 years after the date on which the Secretary initially submits the report and roadmap. ``SEC. 815. <<NOTE: 42 USC 16161c.>> CLEAN HYDROGEN MANUFACTURING AND RECYCLING. ``(a) Clean Hydrogen Manufacturing Initiative.-- ``(1) <<NOTE: Grants. Contracts.>> In general.--In carrying out the programs established under sections 805 and 813, the Secretary shall award multiyear grants to, and enter into contracts, cooperative agreements, or any other agreements authorized under this Act or other Federal law with, eligible entities (as determined by the Secretary) for research, development, and demonstration projects to advance new clean hydrogen production, processing, delivery, storage, and use equipment manufacturing technologies and techniques. ``(2) Priority.--In awarding grants or entering into contracts, cooperative agreements, or other agreements under paragraph (1), the Secretary, to the maximum extent practicable, shall give priority to clean hydrogen equipment manufacturing projects that-- ``(A) increase efficiency and cost-effectiveness in-- ``(i) the manufacturing process; and [[Page 135 STAT. 1012]] ``(ii) the use of resources, including existing energy infrastructure; ``(B) support domestic supply chains for materials and components; ``(C) identify and incorporate nonhazardous alternative materials for components and devices; ``(D) operate in partnership with tribal energy development organizations, Indian Tribes, Tribal organizations, Native Hawaiian community-based organizations, or territories or freely associated States; or ``(E) are located in economically distressed areas of the major natural gas-producing regions of the United States. ``(3) <<NOTE: Deadline. Time period. Public information. Review.>> Evaluation.--Not later than 3 years after the date of enactment of the Infrastructure Investment and Jobs Act, and not less frequently than once every 4 years thereafter, the Secretary shall conduct, and make available to the public and the relevant committees of Congress, an independent review of the progress of the projects carried out through grants awarded, or contracts, cooperative agreements, or other agreements entered into, under paragraph (1). ``(b) Clean Hydrogen Technology Recycling Research, Development, and Demonstration Program.-- ``(1) <<NOTE: Grants. Contracts.>> In general.--In carrying out the programs established under sections 805 and 813, the Secretary shall award multiyear grants to, and enter into contracts, cooperative agreements, or any other agreements authorized under this Act or other Federal law with, eligible entities for research, development, and demonstration projects to create innovative and practical approaches to increase the reuse and recycling of clean hydrogen technologies, including by-- ``(A) increasing the efficiency and cost- effectiveness of the recovery of raw materials from clean hydrogen technology components and systems, including enabling technologies such as electrolyzers and fuel cells; ``(B) minimizing environmental impacts from the recovery and disposal processes; ``(C) addressing any barriers to the research, development, demonstration, and commercialization of technologies and processes for the disassembly and recycling of devices used for clean hydrogen production, processing, delivery, storage, and use; ``(D) developing alternative materials, designs, manufacturing processes, and other aspects of clean hydrogen technologies; ``(E) developing alternative disassembly and resource recovery processes that enable efficient, cost- effective, and environmentally responsible disassembly of, and resource recovery from, clean hydrogen technologies; and ``(F) developing strategies to increase consumer acceptance of, and participation in, the recycling of fuel cells. ``(2) <<NOTE: Public information.>> Dissemination of results.--The Secretary shall make available to the public and the relevant committees of Congress the results of the projects carried out through grants awarded, or contracts, cooperative agreements, or other agreements entered into, under paragraph (1), including any educational and outreach materials developed by the projects. [[Page 135 STAT. 1013]] ``(c) <<NOTE: Time period.>> Authorization of Appropriations.-- There is authorized to be appropriated to the Secretary to carry out this section $500,000,000 for the period of fiscal years 2022 through 2026. ``SEC. 816. <<NOTE: 42 USC 16161d.>> CLEAN HYDROGEN ELECTROLYSIS PROGRAM. ``(a) Definitions.--In this section: ``(1) Electrolysis.--The term `electrolysis' means a process that uses electricity to split water into hydrogen and oxygen. ``(2) Electrolyzer.--The term `electrolyzer' means a system that produces hydrogen using electrolysis. ``(3) Program.--The term `program' means the program established under subsection (b). ``(b) <<NOTE: Deadline.>> Establishment.--Not later than 90 days after the date of enactment of the Infrastructure Investment and Jobs Act, the Secretary shall establish a research, development, demonstration, commercialization, and deployment program for purposes of commercialization to improve the efficiency, increase the durability, and reduce the cost of producing clean hydrogen using electrolyzers. ``(c) Goals.--The goals of the program are-- ``(1) to reduce the cost of hydrogen produced using electrolyzers to less than $2 per kilogram of hydrogen by 2026; and ``(2) any other goals the Secretary determines are appropriate. ``(d) Demonstration Projects.--In carrying out the program, the Secretary shall fund demonstration projects-- ``(1) to demonstrate technologies that produce clean hydrogen using electrolyzers; and ``(2) to validate information on the cost, efficiency, durability, and feasibility of commercial deployment of the technologies described in paragraph (1). ``(e) Focus.--The program shall focus on research relating to, and the development, demonstration, and deployment of-- ``(1) low-temperature electrolyzers, including liquid- alkaline electrolyzers, membrane-based electrolyzers, and other advanced electrolyzers, capable of converting intermittent sources of electric power to clean hydrogen with enhanced efficiency and durability; ``(2) high-temperature electrolyzers that combine electricity and heat to improve the efficiency of clean hydrogen production; ``(3) advanced reversible fuel cells that combine the functionality of an electrolyzer and a fuel cell; ``(4) new highly active, selective, and durable electrolyzer catalysts and electro-catalysts that-- ``(A) greatly reduce or eliminate the need for platinum group metals; and ``(B) enable electrolysis of complex mixtures with impurities, including seawater; ``(5) modular electrolyzers for distributed energy systems and the bulk-power system (as defined in section 215(a) of the Federal Power Act (16 U.S.C. 824o(a))); ``(6) low-cost membranes or electrolytes and separation materials that are durable in the presence of impurities or seawater; ``(7) improved component design and material integration, including with respect to electrodes, porous transport layers and bipolar plates, and balance-of-system components, to allow [[Page 135 STAT. 1014]] for scale-up and domestic manufacturing of electrolyzers at a high volume; ``(8) clean hydrogen storage technologies; ``(9) technologies that integrate hydrogen production with-- ``(A) clean hydrogen compression and drying technologies; ``(B) clean hydrogen storage; and ``(C) transportation or stationary systems; and ``(10) integrated systems that combine hydrogen production with renewable power or nuclear power generation technologies, including hybrid systems with hydrogen storage. ``(f) <<NOTE: Determinations.>> Grants, Contracts, Cooperative Agreements.-- ``(1) Grants.--In carrying out the program, the Secretary shall award grants, on a competitive basis, to eligible entities for projects that the Secretary determines would provide the greatest progress toward achieving the goal of the program described in subsection (c). ``(2) Contracts and cooperative agreements.--In carrying out the program, the Secretary may enter into contracts and cooperative agreements with eligible entities and Federal agencies for projects that the Secretary determines would further the purpose of the program described in subsection (b). ``(3) Eligibility; applications.-- ``(A) In general.--The eligibility of an entity to receive a grant under paragraph (1), to enter into a contract or cooperative agreement under paragraph (2), or to receive funding for a demonstration project under subsection (d) shall be determined by the Secretary. ``(B) Applications.--An eligible entity desiring to receive a grant under paragraph (1), to enter into a contract or cooperative agreement under paragraph (2), or to receive funding for a demonstration project under subsection (d) shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. ``(g) <<NOTE: Time period.>> Authorization of Appropriations.-- There is authorized to be appropriated to the Secretary to carry out the program $1,000,000,000 for the period of fiscal years 2022 through 2026, to remain available until expended. ``SEC. 817. <<NOTE: 42 USC 16161e.>> LABORATORY MANAGEMENT. ``(a) In General.--The National Energy Technology Laboratory, the Idaho National Laboratory, and the National Renewable Energy Laboratory shall continue to work in a crosscutting manner to carry out the programs established under sections 813 and 815. ``(b) Coordination; Clearinghouse.--In carrying out subsection (a), the National Energy Technology Laboratory shall-- ``(1) <<NOTE: Coordination.>> coordinate with-- ``(A) the Idaho National Laboratory, the National Renewable Energy Laboratory, and other National Laboratories in a cross-cutting manner; ``(B) institutions of higher education; ``(C) research institutes; ``(D) industrial researchers; and ``(E) international researchers; and ``(2) act as a clearinghouse to collect information from, and distribute information to, the National Laboratories and [[Page 135 STAT. 1015]] other entities described in subparagraphs (B) through (E) of paragraph (1).''. SEC. 40315. CLEAN HYDROGEN PRODUCTION QUALIFICATIONS. (a) In General.--The Energy Policy Act of 2005 (42 U.S.C. 16151 et seq.) (as amended by section 40314(1)) is amended by adding at the end the following: ``SEC. 822. <<NOTE: 42 USC 16166.>> CLEAN HYDROGEN PRODUCTION QUALIFICATIONS. ``(a) <<NOTE: Deadline. Consultation. Determination. Applicability.>> In General.--Not later than 180 days after the date of enactment of the Infrastructure Investment and Jobs Act, the Secretary, in consultation with the Administrator of the Environmental Protection Agency and after taking into account input from industry and other stakeholders, as determined by the Secretary, shall develop an initial standard for the carbon intensity of clean hydrogen production that shall apply to activities carried out under this title. ``(b) Requirements.-- ``(1) In general.--The standard developed under subsection (a) shall-- ``(A) support clean hydrogen production from each source described in section 805(e)(2); ``(B) <<NOTE: Definition.>> define the term `clean hydrogen' to mean hydrogen produced with a carbon intensity equal to or less than 2 kilograms of carbon dioxide-equivalent produced at the site of production per kilogram of hydrogen produced; and ``(C) take into consideration technological and economic feasibility. ``(2) <<NOTE: Deadline. Consultation. Determination.>> Adjustment.--Not later than the date that is 5 years after the date on which the Secretary develops the standard under subsection (a), the Secretary, in consultation with the Administrator of the Environmental Protection Agency and after taking into account input from industry and other stakeholders, as determined by the Secretary, shall-- ``(A) determine whether the definition of clean hydrogen required under paragraph (1)(B) should be adjusted below the standard described in that paragraph; and ``(B) if the Secretary determines the adjustment described in subparagraph (A) is appropriate, carry out the adjustment. ``(c) Application.--The standard developed under subsection (a) shall apply to clean hydrogen production from renewable, fossil fuel with carbon capture, utilization, and sequestration technologies, nuclear, and other fuel sources using any applicable production technology.''. (b) Conforming Amendment.--The table of contents for the Energy Policy Act of 2005 (Public Law 109-58; 119 Stat. 599) is amended by striking the items relating to sections 813 through 816 and inserting the following: ``Sec. 813. Regional clean hydrogen hubs. ``Sec. 814. National clean hydrogen strategy and roadmap. ``Sec. 815. Clean hydrogen manufacturing and recycling. ``Sec. 816. Clean hydrogen electrolysis program. ``Sec. 817. Laboratory management. ``Sec. 818. Technology transfer ``Sec. 819. Miscellaneous provisions. ``Sec. 820. Cost sharing. ``Sec. 821. Savings clause. ``Sec. 822. Clean hydrogen production qualifications.''. [[Page 135 STAT. 1016]] Subtitle C--Nuclear Energy Infrastructure SEC. 40321. <<NOTE: 42 USC 18751.>> INFRASTRUCTURE PLANNING FOR MICRO AND SMALL MODULAR NUCLEAR REACTORS. (a) Definitions.--In this section: (1) Advanced nuclear reactor.-- The term ``advanced nuclear reactor'' has the meaning given the term in section 951(b) of the Energy Policy Act of 2005 (42 U.S.C. 16271(b)). (2) Isolated community.--The term ``isolated community'' has the meaning given the term in section 8011(a) of the Energy Act of 2020 (42 U.S.C. 17392(a)). (3) Micro-reactor.--The term ``micro-reactor'' means an advanced nuclear reactor that has an electric power production capacity that is not greater than 50 megawatts. (4) National laboratory.--The term ``National Laboratory'' has the meaning given the term in section 2 of the Energy Policy Act of 2005 (42 U.S.C. 15801). (5) Small modular reactor.--The term ``small modular reactor'' means an advanced nuclear reactor-- (A) with a rated capacity of less than 300 electrical megawatts; and (B) that can be constructed and operated in combination with similar reactors at a single site. (b) Report.--Not later than 180 days after the date of enactment of this Act, the Secretary shall submit to the Committee on Energy and Natural Resources of the Senate and the Committees on Energy and Commerce and Science, Space, and Technology of the House of Representatives a report that describes how the Department could enhance energy resilience and reduce carbon emissions with the use of micro- reactors and small modular reactors. (c) Elements.--The report required by subsection (b) shall address the following: (1) <<NOTE: Evaluation. Determination.>> An evaluation by the Department of current resilience and carbon reduction requirements for energy for facilities of the Department to determine whether changes are needed to address-- (A) <<NOTE: Time period.>> the need to provide uninterrupted power to facilities of the Department for at least 3 days during power grid failures; (B) the need for protection against cyber threats and electromagnetic pulses; and (C) resilience to extreme natural events, including earthquakes, volcanic activity, tornados, hurricanes, floods, tsunamis, lahars, landslides, seiches, a large quantity of snowfall, and very low or high temperatures. (2) <<NOTE: Strategy.>> A strategy of the Department for using nuclear energy to meet resilience and carbon reduction goals of facilities of the Department. (3) <<NOTE: Strategy.>> A strategy to partner with private industry to develop and deploy micro-reactors and small modular reactors to remote communities in order to replace diesel generation and other fossil fuels. (4) <<NOTE: Assessment.>> An assessment by the Department of the value associated with enhancing the resilience of a facility of the Department by transitioning to power from micro- reactors and small [[Page 135 STAT. 1017]] modular reactors and to co-located nuclear facilities with the capability to provide dedicated power to the facility of the Department during a grid outage or failure. (5) <<NOTE: Plans.>> The plans of the Department-- (A) for deploying a micro-reactor and a small modular reactor to produce energy for use by a facility of the Department in the United States by 2026; (B) for deploying a small modular reactor to produce energy for use by a facility of the Department in the United States by 2029; and (C) to include micro-reactors and small modular reactors in the planning for meeting future facility energy needs. (d) Financial and Technical Assistance for Siting Micro-reactors, Small Modular Reactors, and Advanced Nuclear Reactors.-- (1) In general.--The Secretary shall offer financial and technical assistance to entities to conduct feasibility studies for the purpose of identifying suitable locations for the deployment of micro-reactors, small modular reactors, and advanced nuclear reactors in isolated communities. (2) Requirement.--Prior to providing financial and technical assistance under paragraph (1), the Secretary shall conduct robust community engagement and outreach for the purpose of identifying levels of interest in isolated communities. (3) Limitation.--The Secretary shall not disburse more than 50 percent of the amounts available for financial assistance under this subsection to the National Laboratories. SEC. 40322. PROPERTY INTERESTS RELATING TO CERTAIN PROJECTS AND PROTECTION OF INFORMATION RELATING TO CERTAIN AGREEMENTS. (a) <<NOTE: 42 USC 18752.>> Property Interests Relating to Federally Funded Advanced Nuclear Reactor Projects.-- (1) Definitions.--In this section: (A) Advanced nuclear reactor.--The term ``advanced nuclear reactor'' has the meaning given the term in section 951(b) of the Energy Policy Act of 2005 (42 U.S.C. 16271(b)). (B) Property interest.-- (i) In general.--Except as provided in clause (ii), the term ``property interest'' means any interest in real property or personal property (as those terms are defined in section 200.1 of title 2, Code of Federal Regulations (as in effect on the date of enactment of this Act)). (ii) Exclusion.--The term ``property interest'' does not include any interest in intellectual property developed using funding provided under a project described in paragraph (3). (2) Assignment of property interests.--The Secretary may assign to any entity, including the United States, fee title or any other property interest acquired by the Secretary under an agreement entered into with respect to a project described in paragraph (3). (3) Project described.--A project referred to in paragraph (2) is-- [[Page 135 STAT. 1018]] (A) a project for which funding is provided pursuant to the funding opportunity announcement of the Department numbered DE-FOA-0002271, including any project for which funding has been provided pursuant to that announcement as of the date of enactment of this Act; (B) any other project for which funding is provided using amounts made available for the Advanced Reactor Demonstration Program of the Department under the heading ``Nuclear Energy'' under the heading ``ENERGY PROGRAMS'' in title III of division C of the Further Consolidated Appropriations Act, 2020 (Public Law 116- 94; 133 Stat. 2670); (C) any other project for which Federal funding is provided under the Advanced Reactor Demonstration Program of the Department; or (D) a project-- (i) relating to advanced nuclear reactors; and (ii) for which Federal funding is provided under a program focused on development and demonstration. (4) Retroactive vesting.--The vesting of fee title or any other property interest assigned under paragraph (2) shall be retroactive to the date on which the applicable project first received Federal funding as described in any of subparagraphs (A) through (D) of paragraph (3). (b) <<NOTE: Contracts.>> Considerations in Cooperative Research and Development Agreements.-- (1) In general.--Section 12(c)(7)(B) of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3710a(c)(7)(B)) is amended-- (A) by inserting ``(i)'' after ``(B)''; (B) in clause (i), as so designated, by striking ``The director'' and inserting ``Subject to clause (ii), the director''; and (C) by adding at the end the following: ``(II) <<NOTE: Time period. Determination.>> The agency may authorize the director to provide appropriate protections against dissemination described in clause (i) for a total period of not more than 30 years if the agency determines that the nature of the information protected against dissemination, including nuclear technology, could reasonably require an extended period of that protection to reach commercialization.''. (2) <<NOTE: 15 USC 3710a note.>> Applicability.-- (A) Definition.--In this subsection, the term ``cooperative research and development agreement'' has the meaning given the term in section 12(d) of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3710a(d)). (B) Retroactive effect.--Clause (ii) of section 12(c)(7)(B) of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3710a(c)(7)(B)), as added by subsection (a) of this section, shall apply with respect to any cooperative research and development agreement that is in effect as of the day before the date of enactment of this Act. [[Page 135 STAT. 1019]] (c) Department of Energy Contracts.--Section 646(g)(5) of the Department of Energy Organization Act (42 U.S.C. 7256(g)(5)) is amended-- (1) by striking ``(5) The Secretary'' and inserting the following: ``(5) Protection from disclosure.-- ``(A) In general.--The Secretary''; and (2) <<NOTE: Time periods.>> in subparagraph (A) (as so designated)-- (A) by striking ``, for up to 5 years after the date on which the information is developed,''; and (B) by striking ``agency.'' and inserting the following: ``agency-- ``(i) for up to 5 years after the date on which the information is developed; or ``(ii) <<NOTE: Determination.>> for up to 30 years after the date on which the information is developed, if the Secretary determines that the nature of the technology under the transaction, including nuclear technology, could reasonably require an extended period of protection from disclosure to reach commercialization. ``(B) Extension during term.--The Secretary may extend the period of protection from disclosure during the term of any transaction described in subparagraph (A) in accordance with that subparagraph.''. SEC. 40323. <<NOTE: 42 USC 18753.>> CIVIL NUCLEAR CREDIT PROGRAM. (a) Definitions.--In this section: (1) Certified nuclear reactor.--The term ``certified nuclear reactor'' means a nuclear reactor that-- (A) competes in a competitive electricity market; and (B) is certified under subsection (c)(2)(A)(i) to submit a sealed bid in accordance with subsection (d). (2) Credit.--The term ``credit'' means a credit allocated to a certified nuclear reactor under subsection (e)(2). (b) Establishment of Program.--The Secretary shall establish a civil nuclear credit program-- (1) <<NOTE: Evaluation.>> to evaluate nuclear reactors that are projected to cease operations due to economic factors; and (2) <<NOTE: Allocation.>> to allocate credits to certified nuclear reactors that are selected under paragraph (1)(B) of subsection (e) to receive credits under paragraph (2) of that subsection. (c) Certification.-- (1) Application.-- (A) In general.--In order to be certified under paragraph (2)(A)(i), the owner or operator of a nuclear reactor that is projected to cease operations due to economic factors shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary determines to be appropriate, including-- (i) information on the operating costs necessary to make the determination described in paragraph (2)(A)(ii)(I), including-- (I) <<NOTE: Time period.>> the average projected annual operating loss in dollars per megawatt-hour, inclusive of the cost of operational and market risks, expected to be incurred by the nuclear reactor over the 4-year period for which credits would be allocated; [[Page 135 STAT. 1020]] (II) any private or publicly available data with respect to current or projected bulk power market prices; (III) out-of-market revenue streams; (IV) operations and maintenance costs; (V) capital costs, including fuel; and (VI) operational and market risks; (ii) <<NOTE: Estimate.>> an estimate of the potential incremental air pollutants that would result if the nuclear reactor were to cease operations; (iii) <<NOTE: Time period.>> known information on the source of produced uranium and the location where the uranium is converted, enriched, and fabricated into fuel assemblies for the nuclear reactor for the 4-year period for which credits would be allocated; and (iv) <<NOTE: Plan. Time period.>> a detailed plan to sustain operations at the conclusion of the applicable 4-year period for which credits would be allocated-- (I) without receiving additional credits; or (II) with the receipt of additional credits of a lower amount than the credits allocated during that 4-year credit period. (B) Timeline.--The Secretary shall accept applications described in subparagraph (A)-- (i) <<NOTE: Deadline.>> until the date that is 120 days after the date of enactment of this Act; and (ii) not less frequently than every year thereafter. (C) Payments from state programs.-- (i) <<NOTE: Time period.>> In general.--The owner or operator of a nuclear reactor that receives a payment from a State zero-emission credit, a State clean energy contract, or any other State program with respect to that nuclear reactor shall be eligible to submit an application under subparagraph (A) with respect to that nuclear reactor during any application period beginning after the 120-day period beginning on the date of enactment of this Act. (ii) Requirement.--An application submitted by an owner or operator described in clause (i) with respect to a nuclear reactor described in that clause shall include all projected payments from State programs in determining the average projected annual operating loss described in subparagraph (A)(i)(I), unless the credits allocated to the nuclear reactor pursuant to that application will be used to reduce those payments. (2) Determination to certify.-- (A) Determination.-- (i) <<NOTE: Deadline.>> In general.--Not later than 60 days after the applicable date under subparagraph (B) of paragraph (1), the Secretary shall determine whether to certify, in accordance with clauses (ii) and (iii), each nuclear reactor for which an application is submitted under subparagraph (A) of that paragraph. (ii) Minimum requirements.--To the maximum extent practicable, the Secretary shall only certify a nuclear reactor under clause (i) if-- [[Page 135 STAT. 1021]] (I) after considering the information submitted under paragraph (1)(A)(i), the Secretary determines that the nuclear reactor is projected to cease operations due to economic factors; (II) after considering the estimate submitted under paragraph (1)(A)(ii), the Secretary determines that pollutants would increase if the nuclear reactor were to cease operations and be replaced with other types of power generation; and (III) the Nuclear Regulatory Commission has reasonable assurance that the nuclear reactor-- (aa) will continue to be operated in accordance with the current licensing basis (as defined in section 54.3 of title 10, Code of Federal Regulations (or successor regulations) of the nuclear reactor; and (bb) poses no significant safety hazards. (iii) Priority.--In determining whether to certify a nuclear reactor under clause (i), the Secretary shall give priority to a nuclear reactor that uses, to the maximum extent available, uranium that is produced, converted, enriched, and fabricated into fuel assemblies in the United States. (B) Notice.--For each application received under paragraph (1)(A), the Secretary shall provide to the applicable owner or operator, as applicable-- (i) a notice of the certification of the applicable nuclear reactor; or (ii) a notice that describes the reasons why the certification of the applicable nuclear reactor was denied. (d) Bidding Process.-- (1) <<NOTE: Deadline.>> In general.--Subject to paragraph (2), the Secretary shall establish a deadline by which each certified nuclear reactor shall submit to the Secretary a sealed bid that-- (A) describes the price per megawatt-hour of the credits desired by the certified nuclear reactor, which shall not exceed the average projected annual operating loss described in subsection (c)(1)(A)(i)(I); and (B) <<NOTE: Time period.>> includes a commitment, subject to the receipt of credits, to provide a specific number of megawatt-hours of generation during the 4-year period for which credits would be allocated. (2) <<NOTE: Deadline.>> Requirement.--The deadline established under paragraph (1) shall be not later than 30 days after the first date on which the Secretary has made the determination described in paragraph (2)(A)(i) of subsection (c) with respect to each application submitted under paragraph (1)(A) of that subsection. (e) Allocation.-- (1) Auction.--Notwithstanding section 169 of the Atomic Energy Act of 1954 (42 U.S.C. 2209), the Secretary shall-- (A) <<NOTE: Consultation.>> in consultation with the heads of applicable Federal agencies, establish a process for evaluating bids submitted under subsection (d)(1) through an auction process; and (B) select certified nuclear reactors to be allocated credits. [[Page 135 STAT. 1022]] (2) <<NOTE: Time period.>> Credits.--Subject to subsection (f)(2), on selection under paragraph (1), a certified nuclear reactor shall be allocated credits for a 4-year period beginning on the date of the selection. (3) Requirement.--To the maximum extent practicable, the Secretary shall use the amounts made available for credits under this section to allocate credits to as many certified nuclear reactors as possible. (f) Renewal.-- (1) In general.--The owner or operator of a certified nuclear reactor may seek to recertify the nuclear reactor in accordance with this section. (2) <<NOTE: Termination date.>> Limitation.-- Notwithstanding any other provision of this section, the Secretary may not allocate any credits after September 30, 2031. (g) Additional Requirements.-- (1) <<NOTE: Time period.>> Audit.--During the 4-year period beginning on the date on which a certified nuclear reactor first receives a credit, the Secretary shall periodically audit the certified nuclear reactor. (2) <<NOTE: Regulations.>> Recapture.--The Secretary shall, by regulation, provide for the recapture of the allocation of any credit to a certified nuclear reactor that, during the period described in paragraph (1)-- (A) terminates operations; or (B) does not operate at an annual loss in the absence of an allocation of credits to the certified nuclear reactor. (3) <<NOTE: Procedures.>> Confidentiality.--The Secretary shall establish procedures to ensure that any confidential, private, proprietary, or privileged information that is included in a sealed bid submitted under this section is not publicly disclosed or otherwise improperly used. (h) Report.--Not later than January 1, 2024, the Comptroller General of the United States shall submit to Congress a report with respect to the credits allocated to certified nuclear reactors, which shall include-- (1) <<NOTE: Evaluation.>> an evaluation of the effectiveness of the credits in avoiding air pollutants while ensuring grid reliability; (2) a quantification of the ratepayer savings achieved under this section; and (3) <<NOTE: Recommenda- tions.>> any recommendations to renew or expand the credits. (i) <<NOTE: Time period.>> Authorization of Appropriations.--There is authorized to be appropriated to the Secretary to carry out this section $6,000,000,000 for the period of fiscal years 2022 through 2026. Subtitle D--Hydropower SEC. 40331. HYDROELECTRIC PRODUCTION INCENTIVES. Section 242 of the Energy Policy Act of 2005 (42 U.S.C. 15881) is amended-- (1) in subsection (b)(2), by striking ``before the date of the enactment of this section'' and inserting ``before the date of enactment of the Infrastructure Investment and Jobs Act''; (2) in the undesignated matter following subsection (b)(3), by striking ``the date of the enactment of this section'' and [[Page 135 STAT. 1023]] inserting ``the date of enactment of the Infrastructure Investment and Jobs Act''; (3) in subsection (e)(1), in the second sentence, by striking ``$750,000'' and inserting ``$1,000,000''; and (4) by striking subsection (g) and inserting the following: ``(g) Authorization of Appropriations.--There is authorized to be appropriated to the Secretary to carry out this section $125,000,000 for fiscal year 2022, to remain available until expended.''. SEC. 40332. HYDROELECTRIC EFFICIENCY IMPROVEMENT INCENTIVES. (a) In General.--Section 243 of the Energy Policy Act of 2005 (42 U.S.C. 15882) is amended-- (1) in the section heading, by inserting ``incentives'' after ``improvement''; (2) in subsection (b)-- (A) in the first sentence, by striking ``10 percent'' and inserting ``30 percent''; (B) in the second sentence-- (i) by striking ``$750,000'' and inserting ``$5,000,000''; and (ii) by inserting ``in any 1 fiscal year'' before the period at the end; and (3) by striking subsection (c) and inserting the following: ``(c) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $75,000,000 for fiscal year 2022 to remain available until expended.''. (b) Conforming Amendment.--The table of contents for the Energy Policy Act of 2005 (Public Law 109-58; 119 Stat. 595) is amended by striking the item relating to section 243 and inserting the following: ``243. Hydroelectric efficiency improvement incentives.''. SEC. 40333. MAINTAINING AND ENHANCING HYDROELECTRICITY INCENTIVES. (a) In General.--Subtitle C of title II of the Energy Policy Act of 2005 (Public Law 109-58; 119 Stat. 674) is amended by adding at the end the following: ``SEC. 247. <<NOTE: 42 USC 15883.>> MAINTAINING AND ENHANCING HYDROELECTRICITY INCENTIVES. ``(a) Definition of Qualified Hydroelectric Facility.--In this section, the term `qualified hydroelectric facility' means a hydroelectric project that-- ``(1)(A) is licensed by the Federal Energy Regulatory Commission; or ``(B) is a hydroelectric project constructed, operated, or maintained pursuant to a permit or valid existing right-of-way granted prior to June 10, 1920, or a license granted pursuant to the Federal Power Act (16 U.S.C. 791a et seq.); ``(2) is placed into service before the date of enactment of this section; and ``(3)(A) is in compliance with all applicable Federal, Tribal, and State requirements; or ``(B) would be brought into compliance with the requirements described in subparagraph (A) as a result of the capital improvements carried out using an incentive payment under this section. [[Page 135 STAT. 1024]] ``(b) Incentive Payments.--The Secretary shall make incentive payments to the owners or operators of qualified hydroelectric facilities for capital improvements directly related to-- ``(1) improving grid resiliency, including-- ``(A) adapting more quickly to changing grid conditions; ``(B) providing ancillary services (including black start capabilities, voltage support, and spinning reserves); ``(C) integrating other variable sources of electricity generation; and ``(D) managing accumulated reservoir sediments; ``(2) improving dam safety to ensure acceptable performance under all loading conditions (including static, hydrologic, and seismic conditions), including-- ``(A) the maintenance or upgrade of spillways or other appurtenant structures; ``(B) dam stability improvements, including erosion repair and enhanced seepage controls; and ``(C) upgrades or replacements of floodgates or natural infrastructure restoration or protection to improve flood risk reduction; or ``(3) environmental improvements, including-- ``(A) adding or improving safe and effective fish passage, including new or upgraded turbine technology, fish ladders, fishways, and all other associated technology, equipment, or other fish passage technology to a qualified hydroelectric facility; ``(B) improving the quality of the water retained or released by a qualified hydroelectric facility; ``(C) promoting downstream sediment transport processes and habitat maintenance; and ``(D) improving recreational access to the project vicinity, including roads, trails, boat ingress and egress, flows to improve recreation, and infrastructure that improves river recreation opportunity. ``(c) Limitations.-- ``(1) Costs.--Incentive payments under this section shall not exceed 30 percent of the costs of the applicable capital improvement. ``(2) Maximum amount.--Not more than 1 incentive payment may be made under this section with respect to capital improvements at a single qualified hydroelectric facility in any 1 fiscal year, the amount of which shall not exceed $5,000,000. ``(d) Authorization of Appropriations.--There is authorized to be appropriated to the Secretary to carry out this section $553,600,000 for fiscal year 2022, to remain available until expended.''. (b) Conforming Amendment.--The table of contents for the Energy Policy Act of 2005 (Public Law 109-58; 119 Stat. 595) is amended by inserting after the item relating to section 246 the following: ``247. Maintaining and enhancing hydroelectricity incentives.''. SEC. 40334. PUMPED STORAGE HYDROPOWER WIND AND SOLAR INTEGRATION AND SYSTEM RELIABILITY INITIATIVE. Section 3201 of the Energy Policy Act of 2020 (42 U.S.C. 17232) is amended-- [[Page 135 STAT. 1025]] (1) <<NOTE: 42 USC 17231, 17232.>> by redesignating subsections (e) through (g) as subsections (f) through (h), respectively; and (2) <<NOTE: 42 USC 17232.>> by inserting after subsection (d) the following: ``(e) Pumped Storage Hydropower Wind and Solar Integration and System Reliability Initiative.-- ``(1) Definition of eligible entity.--In this subsection, the term `eligible entity' means-- ``(A)(i) an electric utility, including-- ``(I) a political subdivision of a State, such as a municipally owned electric utility; or ``(II) an instrumentality of a State composed of municipally owned electric utilities; ``(ii) an electric cooperative; or ``(iii) an investor-owned utility; ``(B) an Indian Tribe or Tribal organization; ``(C) a State energy office; ``(D) an institution of higher education; and ``(E) a consortium of the entities described in subparagraphs (A) through (D). ``(2) Demonstration project.-- ``(A) <<NOTE: Deadline. Contracts. Assessments.>> In general.--Not later than September 30, 2023, the Secretary shall, to the maximum extent practicable, enter into an agreement with an eligible entity to provide financial assistance to the eligible entity to carry out project design, transmission studies, power market assessments, and permitting for a pumped storage hydropower project to facilitate the long-duration storage of intermittent renewable electricity. ``(B) Project requirements.--To be eligible for financial assistance under subparagraph (A), a project shall-- ``(i) be designed to provide not less than 1,000 megawatts of storage capacity; ``(ii) be able to provide energy and capacity for use in more than 1 organized electricity market; ``(iii) be able to store electricity generated by intermittent renewable electricity projects located on Tribal land; and ``(iv) have received a preliminary permit from the Federal Energy Regulatory Commission. ``(C) Matching requirement.--An eligible entity receiving financial assistance under subparagraph (A) shall provide matching funds equal to or greater than the amount of financial assistance provided under that subparagraph. ``(3) <<NOTE: Time period.>> Authorization of appropriations.--There is authorized to be appropriated to carry out this subsection $2,000,000 for each of fiscal years 2022 through 2026.''. SEC. 40335. AUTHORITY FOR PUMPED STORAGE HYDROPOWER DEVELOPMENT USING MULTIPLE BUREAU OF RECLAMATION RESERVOIRS. Section 9(c) of the Reclamation Project Act of 1939 (43 U.S.C. 485h(c)) is amended-- (1) in paragraph (1), in the fourth sentence, by striking ``, including small conduit hydropower development'' and inserting ``and reserve to the Secretary the exclusive authority [[Page 135 STAT. 1026]] to develop small conduit hydropower using Bureau of Reclamation facilities and pumped storage hydropower exclusively using Bureau of Reclamation reservoirs''; and (2) in paragraph (8), by striking ``has been filed with the Federal Energy Regulatory Commission as of the date of the enactment of the Bureau of Reclamation Small Conduit Hydropower Development and Rural Jobs Act'' and inserting ``was filed with the Federal Energy Regulatory Commission before August 9, 2013, and is still pending''. SEC. 40336. LIMITATIONS ON ISSUANCE OF CERTAIN LEASES OF POWER PRIVILEGE. (a) Definitions.--In this section: (1) Commission.--The term ``Commission'' means the Federal Energy Regulatory Commission. (2) Director.--The term ``Director'' means the Director of the Office of Hearings and Appeals. (3) Office of hearings and appeals.--The term ``Office of Hearings and Appeals'' means the Office of Hearings and Appeals of the Department of the Interior. (4) Party.--The term ``party'', with respect to a study plan agreement, means each of the following parties to the study plan agreement: (A) The proposed lessee. (B) The Tribes. (5) Project.--The term ``project'' means a proposed pumped storage facility that-- (A) would use multiple Bureau of Reclamation reservoirs; and (B) as of June 1, 2017, was subject to a preliminary permit issued by the Commission pursuant to section 4(f) of the Federal Power Act (16 U.S.C. 797(f)). (6) Proposed lessee.--The term ``proposed lessee'' means the proposed lessee of a project. (7) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (8) Study plan.--The term ``study plan'' means the plan described in subsection (d)(1). (9) Study plan agreement.--The term ``study plan agreement'' means an agreement entered into under subsection (b)(1) and described in subsection (c). (10) Tribes.--The term ``Tribes'' means-- (A) the Confederated Tribes of the Colville Reservation; and (B) the Spokane Tribe of Indians of the Spokane Reservation. (b) Requirement for Issuance of Leases of Power Privilege.--The Secretary shall not issue a lease of power privilege pursuant to section 9(c)(1) of the Reclamation Project Act of 1939 (43 U.S.C. 485h(c)(1)) (as amended by section 40335) for a project unless-- (1) the proposed lessee and the Tribes have entered into a study plan agreement; or (2) <<NOTE: Determination.>> the Secretary or the Director, as applicable, makes a final determination for-- (A) a study plan agreement under subsection (c)(2); or [[Page 135 STAT. 1027]] (B) a study plan under subsection (d). (c) Study Plan Agreement Requirements.-- (1) In general.--A study plan agreement shall-- (A) establish the deadlines for the proposed lessee to formally respond in writing to comments and study requests about the project previously submitted to the Commission; (B) allow for the parties to submit additional comments and study requests if any aspect of the project, as proposed, differs from an aspect of the project, as described in a preapplication document provided to the Commission; (C) except as expressly agreed to by the parties or as provided in paragraph (2) or subsection (d), require that the proposed lessee conduct each study described in-- (i) a study request about the project previously submitted to the Commission; or (ii) any additional study request submitted in accordance with the study plan agreement; (D) require that the proposed lessee study any potential adverse economic effects of the project on the Tribes, including effects on-- (i) annual payments to the Confederated Tribes of the Colville Reservation under section 5(b) of the Confederated Tribes of the Colville Reservation Grand Coulee Dam Settlement Act (Public Law 103-436; 108 Stat. 4579); and (ii) annual payments to the Spokane Tribe of Indians of the Spokane Reservation authorized after the date of enactment of this Act, the amount of which derives from the annual payments described in clause (i); (E) establish a protocol for communication and consultation between the parties; (F) provide mechanisms for resolving disputes between the parties regarding implementation and enforcement of the study plan agreement; and (G) contain other provisions determined to be appropriate by the parties. (2) Disputes.-- (A) <<NOTE: Determination. Notice.>> In general.-- If the parties cannot agree to the terms of a study plan agreement or implementation of those terms, the parties shall submit to the Director, for final determination on the terms or implementation of the study plan agreement, notice of the dispute, consistent with paragraph (1)(F), to the extent the parties have agreed to a study plan agreement. (B) <<NOTE: Evaluation.>> Inclusion.--A dispute covered by subparagraph (A) may include the view of a proposed lessee that an additional study request submitted in accordance with paragraph (1)(B) is not reasonably calculated to assist the Secretary in evaluating the potential impacts of the project. (C) <<NOTE: Determination. Deadline.>> Timing.--The Director shall issue a determination regarding a dispute under subparagraph (A) not later than 120 days after the date on which the Director receives notice of the dispute under that subparagraph. (d) Study Plan.-- [[Page 135 STAT. 1028]] (1) In general.--The proposed lessee shall submit to the Secretary for approval a study plan that details the proposed methodology for performing each of the studies-- (A) identified in the study plan agreement of the proposed lessee; or (B) determined by the Director in a final determination regarding a dispute under subsection (c)(2). (2) <<NOTE: Deadline.>> Initial determination.--Not later than 60 days after the date on which the Secretary receives the study plan under paragraph (1), the Secretary shall make an initial determination that-- (A) approves the study plan; (B) rejects the study plan on the grounds that the study plan-- (i) lacks sufficient detail on a proposed methodology for a study identified in the study plan agreement; or (ii) is inconsistent with the study plan agreement; or (C) imposes additional study plan requirements that the Secretary determines are necessary to adequately define the potential effects of the project on-- (i) the exercise of the paramount hunting, fishing, and boating rights of the Tribes reserved pursuant to the Act of June 29, 1940 (54 Stat. 703, chapter 460; 16 U.S.C. 835d et seq.); (ii) the annual payments described in clauses (i) and (ii) of subsection (c)(1)(D); (iii) the Columbia Basin project (as defined in section 1 of the Act of May 27, 1937 (50 Stat. 208, chapter 269; 57 Stat. 14, chapter 14; 16 U.S.C. 835)); (iv) historic properties and cultural or spiritually significant resources; and (v) the environment. (3) <<NOTE: Deadlines.>> Objections.-- (A) In general.--Not later than 30 days after the date on which the Secretary makes an initial determination under paragraph (2), the Tribes or the proposed lessee may submit to the Director an objection to the initial determination. (B) Final determination.--Not later than 120 days after the date on which the Director receives an objection under subparagraph (A), the Director shall-- (i) hold a hearing on the record regarding the objection; and (ii) make a final determination that establishes the study plan, including a description of studies the proposed lessee is required to perform. (4) No objections.--If no objections are submitted by the deadline described in paragraph (3)(A), the initial determination of the Secretary under paragraph (2) shall be final. (e) Conditions of Lease.-- (1) Consistency with rights of tribes; protection, mitigation, and enhancement of fish and wildlife.-- (A) In general.--Any lease of power privilege issued by the Secretary for a project under subsection (b) shall contain conditions-- [[Page 135 STAT. 1029]] (i) to ensure that the project is consistent with, and will not interfere with, the exercise of the paramount hunting, fishing, and boating rights of the Tribes reserved pursuant to the Act of June 29, 1940 (54 Stat. 703, chapter 460; 16 U.S.C. 835d et seq.); and (ii) to adequately and equitably protect, mitigate damages to, and enhance fish and wildlife, including related spawning grounds and habitat, affected by the development, operation, and management of the project. (B) Recommendations of the tribes.--The conditions required under subparagraph (A) shall be based on joint recommendations of the Tribes. (C) Resolving inconsistencies.-- (i) <<NOTE: Determination.>> In general.--If the Secretary determines that any recommendation of the Tribes under subparagraph (B) is not reasonably calculated to ensure the project is consistent with subparagraph (A) or is inconsistent with the requirements of the Reclamation Project Act of 1939 (43 U.S.C. 485 et seq.), the Secretary shall attempt to resolve any such inconsistency with the Tribes, giving due weight to the recommendations and expertise of the Tribes. (ii) Publication of findings.--If, after an attempt to resolve an inconsistency under clause (i), the Secretary does not adopt in whole or in part a recommendation of the Tribes under subparagraph (B), the Secretary shall issue each of the following findings, including a statement of the basis for each of the findings: (I) A finding that adoption of the recommendation is inconsistent with the requirements of the Reclamation Project Act of 1939 (43 U.S.C. 485 et seq.). (II) A finding that the conditions selected by the Secretary to be contained in the lease of power privilege under subparagraph (A) comply with the requirements of clauses (i) and (ii) of that subparagraph. (2) Annual charges payable by licensee.-- (A) In general.--Subject to subparagraph (B), any lease of power privilege issued by the Secretary for a project under subsection (b) shall contain conditions that require the lessee of the project to make direct payments to the Tribes through reasonable annual charges in an amount that recompenses the Tribes for any adverse economic effect of the project identified in a study performed pursuant to the study plan agreement for the project. (B) Agreement.-- (i) In general.--The amount of the annual charges described in subparagraph (A) shall be established through agreement between the proposed lessee and the Tribes. (ii) Condition.--The agreement under clause (i), including any modification of the agreement, shall be deemed to be a condition to the lease of power privilege [[Page 135 STAT. 1030]] issued by the Secretary for a project under subsection (b). (C) Dispute resolution.-- (i) <<NOTE: Notice.>> In general.--If the proposed lessee and the Tribes cannot agree to the terms of an agreement under subparagraph (B)(i), the proposed lessee and the Tribes shall submit notice of the dispute to the Director. (ii) <<NOTE: Deadline.>> Resolution.--The Director shall resolve the dispute described in clause (i) not later than 180 days after the date on which the Director receives notice of the dispute under that clause. (3) Additional conditions.--The Secretary may include in any lease of power privilege issued by the Secretary for a project under subsection (b) other conditions determined appropriate by the Secretary, on the condition that the conditions shall be consistent with the Reclamation Project Act of 1939 (43 U.S.C. 485 et seq.). (4) Consultation.--In establishing conditions under this subsection, the Secretary shall consult with the Tribes. (f) Deadlines.--The Secretary or any officer of the Office of Hearing and Appeals before whom a proceeding is pending under this section may extend any deadline or enlarge any timeframe described in this section-- (1) at the discretion of the Secretary or the officer; or (2) on a showing of good cause by any party. (g) Judicial Review.--Any final action of the Secretary or the Director made pursuant to this section shall be subject to judicial review in accordance with chapter 7 of title 5, United States Code. (h) Effect on Other Projects.--Nothing in this section establishes any precedent or is binding on any Bureau of Reclamation lease of power privilege, other than for a project. Subtitle E--Miscellaneous SEC. 40341. SOLAR ENERGY TECHNOLOGIES ON CURRENT AND FORMER MINE LAND. Section 3004 of the Energy Act of 2020 (42 U.S.C. 16238) is amended-- (1) in subsection (a)-- (A) by redesignating paragraphs (6) through (15) as paragraphs (7) through (16), respectively; and (B) by inserting after paragraph (5) the following: ``(6) Mine land.--The term `mine land' means-- ``(A) land subject to titles IV and V of the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1231 et seq.; 30 U.S.C. 1251 et seq.); and ``(B) land that has been claimed or patented subject to sections 2319 through 2344 of the Revised Statutes (commonly known as the `Mining Law of 1872') (30 U.S.C. 22 et seq.).''; and (2) in subsection (b)(6)(B)-- (A) in the matter preceding clause (i), by inserting ``, in consultation with the Secretary of the Interior and [[Page 135 STAT. 1031]] the Administrator of the Environmental Protection Agency for purposes of clause (iv),'' after ``the Secretary''; (B) in clause (iii), by striking ``and'' after the semicolon; (C) by redesignating clause (iv) as clause (v); and (D) by inserting after clause (iii) the following: ``(iv) a description of the technical and economic viability of siting solar energy technologies on current and former mine land, including necessary interconnection and transmission siting and the impact on local job creation; and''. SEC. 40342. <<NOTE: 42 USC 18761.>> CLEAN ENERGY DEMONSTRATION PROGRAM ON CURRENT AND FORMER MINE LAND. (a) Definitions.--In this section: (1) Clean energy project.--The term ``clean energy project'' means a project that demonstrates 1 or more of the following technologies: (A) Solar. (B) Micro-grids. (C) Geothermal. (D) Direct air capture. (E) Fossil-fueled electricity generation with carbon capture, utilization, and sequestration. (F) Energy storage, including pumped storage hydropower and compressed air storage. (G) Advanced nuclear technologies. (2) Economically distressed area.--The term ``economically distressed area'' means an area described in section 301(a) of the Public Works and Economic Development Act of 1965 (42 U.S.C. 3161(a)). (3) Mine land.--The term ``mine land'' means-- (A) land subject to titles IV and V of the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1231 et seq.; 30 U.S.C. 1251 et seq.); and (B) land that has been claimed or patented subject to sections 2319 through 2344 of the Revised Statutes (commonly known as the ``Mining Law of 1872'') (30 U.S.C. 22 et seq.). (4) Program.--The term ``program'' means the demonstration program established under subsection (b). (b) Establishment.--The Secretary shall establish a program to demonstrate the technical and economic viability of carrying out clean energy projects on current and former mine land. (c) Selection of Demonstration Projects.-- (1) In general.--In carrying out the program, the Secretary shall select not more than 5 clean energy projects, to be carried out in geographically diverse regions, at least 2 of which shall be solar projects. (2) Eligibility.--To be eligible to be selected for participation in the program under paragraph (1), a clean energy project shall demonstrate, as determined by the Secretary, a technology on a current or former mine land site with a reasonable expectation of commercial viability. (3) Priority.--In selecting clean energy projects for participation in the program under paragraph (1), the Secretary shall prioritize clean energy projects that will-- [[Page 135 STAT. 1032]] (A) be carried out in a location where the greatest number of jobs can be created from the successful demonstration of the clean energy project; (B) provide the greatest net impact in avoiding or reducing greenhouse gas emissions; (C) provide the greatest domestic job creation (both directly and indirectly) during the implementation of the clean energy project; (D) provide the greatest job creation and economic development in the vicinity of the clean energy project, particularly-- (i) in economically distressed areas; and (ii) with respect to dislocated workers who were previously employed in manufacturing, coal power plants, or coal mining; (E) have the greatest potential for technological innovation and commercial deployment; (F) have the lowest levelized cost of generated or stored energy; (G) have the lowest rate of greenhouse gas emissions per unit of electricity generated or stored; and (H) have the shortest project time from permitting to completion. (4) <<NOTE: Consultation.>> Project selection.--The Secretary shall solicit proposals for clean energy projects and select clean energy project finalists in consultation with the Secretary of the Interior, the Administrator of the Environmental Protection Agency, and the Secretary of Labor. (5) <<NOTE: Consultation.>> Compatibility with existing operations.--Prior to selecting a clean energy project for participation in the program under paragraph (1), the Secretary shall consult with, as applicable, mining claimholders or operators or the relevant Office of Surface Mining Reclamation and Enforcement Abandoned Mine Land program office to confirm-- (A) that the proposed project is compatible with any current mining, exploration, or reclamation activities; and (B) the valid existing rights of any mining claimholders or operators. (d) <<NOTE: Determination.>> Consultation.--The Secretary shall consult with the Director of the Office of Surface Mining Reclamation and Enforcement and the Administrator of the Environmental Protection Agency, acting through the Office of Brownfields and Land Revitalization, to determine whether it is necessary to promulgate regulations or issue guidance in order to prioritize and expedite the siting of clean energy projects on current and former mine land sites. (e) Technical Assistance.--The Secretary shall provide technical assistance to project applicants selected for participation in the program under subsection (c) to assess the needed interconnection, transmission, and other grid components and permitting and siting necessary to interconnect, on current and former mine land where the project will be sited, any generation or storage with the electric grid. (f) <<NOTE: Time period.>> Authorization of Appropriations.--There is authorized to be appropriated to the Secretary to carry out this section $500,000,000 for the period of fiscal years 2022 through 2026. [[Page 135 STAT. 1033]] SEC. 40343. LEASES, EASEMENTS, AND RIGHTS-OF-WAY FOR ENERGY AND RELATED PURPOSES ON THE OUTER CONTINENTAL SHELF. Section 8(p)(1)(C) of the Outer Continental Shelf Lands Act (43 U.S.C. 1337(p)(1)(C)) is amended by inserting ``storage,'' before ``or transmission''. TITLE IV--ENABLING ENERGY INFRASTRUCTURE INVESTMENT AND DATA COLLECTION Subtitle A--Department of Energy Loan Program SEC. 40401. DEPARTMENT OF ENERGY LOAN PROGRAMS. (a) Title XVII Innovative Energy Loan Guarantee Program.-- (1) Reasonable prospect of repayment.--Section 1702(d)(1) of the Energy Policy Act of 2005 (42 U.S.C. 16512(d)(1)) is amended-- (A) by striking the paragraph designation and heading and all that follows through ``No guarantee'' and inserting the following: ``(1) Requirement.-- ``(A) In general.--No guarantee''; and (B) by adding at the end the following: ``(B) <<NOTE: Determination.>> Reasonable prospect of repayment.--The Secretary shall base a determination of whether there is reasonable prospect of repayment under subparagraph (A) on a comprehensive evaluation of whether the borrower has a reasonable prospect of repaying the guaranteed obligation for the eligible project, including, as applicable, an evaluation of-- ``(i) the strength of the contractual terms of the eligible project (if commercially reasonably available); ``(ii) the forecast of noncontractual cash flows supported by market projections from reputable sources, as determined by the Secretary; ``(iii) cash sweeps and other structure enhancements; ``(iv) the projected financial strength of the borrower-- ``(I) at the time of loan close; and ``(II) throughout the loan term after the project is completed; ``(v) the financial strength of the investors and strategic partners of the borrower, if applicable; and ``(vi) other financial metrics and analyses that are relied on by the private lending community and nationally recognized credit rating agencies, as determined appropriate by the Secretary.''. (2) Loan guarantees for projects that increase the domestically produced supply of critical minerals.-- [[Page 135 STAT. 1034]] (A) In general.--Section 1703(b) of the Energy Policy Act of 2005 (42 U.S.C. 16513(b)) is amended by adding at the end the following: ``(13) Projects that increase the domestically produced supply of critical minerals (as defined in section 7002(a) of the Energy Act of 2020 (30 U.S.C. 1606(a)), including through the production, processing, manufacturing, recycling, or fabrication of mineral alternatives.''. (B) Prohibition on use of previously appropriated funds.--Amounts appropriated to the Department of Energy before the date of enactment of this Act shall not be made available for the cost of loan guarantees made under paragraph (13) of section 1703(b) of the Energy Policy Act of 2005 (42 U.S.C. 16513(b)). (C) Prohibition on use of previously available commitment authority.--Amounts made available to the Department of Energy for commitments to guarantee loans under section 1703 of the Energy Policy Act of 2005 (42 U.S.C. 16513) before the date of enactment of this Act shall not be made available for commitments to guarantee loans for projects described in paragraph (13) of section 1703(b) of the Energy Policy Act of 2005 (42 U.S.C. 16513(b)). (3) Conflicts of interest.--Section 1702 of the Energy Policy Act of 2005 (42 U.S.C. 16512) is amended by adding at the end the following: ``(r) <<NOTE: Certification.>> Conflicts of Interest.--For each project selected for a guarantee under this title, the Secretary shall certify that political influence did not impact the selection of the project.''. (b) Advanced Technology Vehicle Manufacturing.-- (1) Eligibility.--Section 136(a)(1) of the Energy Independence and Security Act of 2007 (42 U.S.C. 17013(a)(1)) is amended-- (A) in subparagraph (C), by striking the period at the end and inserting a semicolon; (B) by redesignating subparagraphs (A) through (C) as clauses (i) through (iii), respectively, and indenting appropriately; (C) in the matter preceding clause (i) (as so redesignated), by striking ``means an ultra'' and inserting the following: ``means-- ``(A) an ultra''; and (D) by adding at the end the following: ``(B) a medium duty vehicle or a heavy duty vehicle that exceeds 125 percent of the greenhouse gas emissions and fuel efficiency standards established by the final rule of the Environmental Protection Agency entitled `Greenhouse Gas Emissions and Fuel Efficiency Standards for Medium- and Heavy-Duty Engines and Vehicles--Phase 2' (81 Fed. Reg. 73478 (October 25, 2016)); ``(C) a train or locomotive; ``(D) a maritime vessel; ``(E) an aircraft; and ``(F) hyperloop technology.''. (2) Reasonable prospect of repayment.--Section 136(d) of the Energy Independence and Security Act of 2007 (42 U.S.C. 17013(d)) is amended-- [[Page 135 STAT. 1035]] (A) by striking paragraph (3) and inserting the following: ``(3) <<NOTE: Determinations.>> Selection of eligible projects.-- ``(A) In general.--The Secretary shall select eligible projects to receive loans under this subsection if the Secretary determines that-- ``(i) the loan recipient-- ``(I) has a reasonable prospect of repaying the principal and interest on the loan; ``(II) will provide sufficient information to the Secretary for the Secretary to ensure that the qualified investment is expended efficiently and effectively; and ``(III) has met such other criteria as may be established and published by the Secretary; and ``(ii) the amount of the loan (when combined with amounts available to the loan recipient from other sources) will be sufficient to carry out the project. ``(B) Reasonable prospect of repayment.--The Secretary shall base a determination of whether there is a reasonable prospect of repayment of the principal and interest on a loan under subparagraph (A)(i)(I) on a comprehensive evaluation of whether the loan recipient has a reasonable prospect of repaying the principal and interest, including, as applicable, an evaluation of-- ``(i) the strength of the contractual terms of the eligible project (if commercially reasonably available); ``(ii) the forecast of noncontractual cash flows supported by market projections from reputable sources, as determined by the Secretary; ``(iii) cash sweeps and other structure enhancements; ``(iv) the projected financial strength of the loan recipient-- ``(I) at the time of loan close; and ``(II) throughout the loan term after the project is completed; ``(v) the financial strength of the investors and strategic partners of the loan recipient, if applicable; and ``(vi) other financial metrics and analyses that are relied on by the private lending community and nationally recognized credit rating agencies, as determined appropriate by the Secretary.''; and (B) in paragraph (4)-- (i) in subparagraph (C), by striking ``and'' after the semicolon; (ii) in subparagraph (D), by striking the period at the end and inserting ``; and''; and (iii) by adding at the end the following: ``(E) shall be subject to the condition that the loan is not subordinate to other financing.''. (3) Additional reforms.--Section 136 of the Energy Independence and Security Act of 2007 (42 U.S.C. 17013) is amended-- (A) in subsection (b) by striking ``ultra efficient vehicle manufacturers, and component suppliers'' and inserting [[Page 135 STAT. 1036]] ``ultra efficient vehicle manufacturers, advanced technology vehicle manufacturers, and component suppliers''; (B) in subsection (h)-- (i) in the subsection heading, by striking ``Automobile'' and inserting ``Advanced Technology Vehicle''; and (ii) in paragraph (1)(B), by striking ``automobiles, or components of automobiles'' and inserting ``advanced technology vehicles, or components of advanced technology vehicles''; (C) by striking subsection (i); (D) by redesignating subsection (j) as subsection (i); and (E) by adding at the end the following: ``(j) Coordination.--In carrying out this section, the Secretary shall coordinate with relevant vehicle, bioenergy, and hydrogen and fuel cell demonstration project activities supported by the Department. ``(k) Outreach.--In carrying out this section, the Secretary shall-- ``(1) provide assistance with the completion of applications for awards or loans under this section; and ``(2) conduct outreach, including through conferences and online programs, to disseminate information on awards and loans under this section to potential applicants. ``(l) Prohibition on Use of Appropriated Funds.--Amounts appropriated to the Secretary before the date of enactment of this subsection shall not be available to the Secretary to provide awards under subsection (b) or loans under subsection (d) for the costs of activities that were not eligible for those awards or loans on the day before that date. ``(m) Report.--Not later than 2 years after the date of enactment of this subsection, and every 3 years thereafter, the Secretary shall submit to Congress a report on the status of projects supported by a loan under this section, including-- ``(1) <<NOTE: List.>> a list of projects receiving a loan under this section, including the loan amount and construction status of each project; ``(2) the status of the loan repayment for each project, including future repayment projections; ``(3) <<NOTE: Data.>> data regarding the number of direct and indirect jobs retained, restored, or created by financed projects; ``(4) the number of new projects projected to receive a loan under this section in the next 2 years, including the projected aggregate loan amount over the next 2 years; ``(5) <<NOTE: Evaluation.>> evaluation of ongoing compliance with the assurances and commitments, and of the predictions, made by applicants pursuant to paragraphs (2) and (3) of subsection (d); ``(6) the total number of applications received by the Department each year; and ``(7) any other metrics the Secretary determines appropriate.''. (4) Conflicts of interest.--Section 136(d) of the Energy Independence and Security Act of 2007 (42 U.S.C. 17013(d)) is amended by adding at the end the following: ``(5) <<NOTE: Certification.>> Conflicts of interest.--For each eligible project selected to receive a loan under this subsection, the Secretary [[Page 135 STAT. 1037]] shall certify that political influence did not impact the selection of the eligible project.''. (c) State Loan Eligibility.-- (1) Definitions.--Section 1701 of the Energy Policy Act of 2005 (42 U.S.C. 16511) is amended by adding at the end the following: ``(6) State.--The term `State' has the meaning given the term in section 202 of the Energy Conservation and Production Act (42 U.S.C. 6802). ``(7) State energy financing institution.-- ``(A) In general.--The term `State energy financing institution' means a quasi-independent entity or an entity within a State agency or financing authority established by a State-- ``(i) to provide financing support or credit enhancements, including loan guarantees and loan loss reserves, for eligible projects; and ``(ii) to create liquid markets for eligible projects, including warehousing and securitization, or take other steps to reduce financial barriers to the deployment of existing and new eligible projects. ``(B) Inclusion.--The term `State energy financing institution' includes an entity or organization established to achieve the purposes described in clauses (i) and (ii) of subparagraph (A) by an Indian Tribal entity or an Alaska Native Corporation.''. (2) Terms and conditions.--Section 1702 of the Energy Policy Act of 2005 (42 U.S.C. 16512) is amended-- (A) in subsection (a), by inserting ``, including projects receiving financial support or credit enhancements from a State energy financing institution,'' after ``for projects''; (B) in subsection (d)(1), by inserting ``, including a guarantee for a project receiving financial support or credit enhancements from a State energy financing institution,'' after ``No guarantee''; and (C) by adding at the end the following: ``(r) State Energy Financing Institutions.-- ``(1) Eligibility.--To be eligible for a guarantee under this title, a project receiving financial support or credit enhancements from a State energy financing institution-- ``(A) shall meet the requirements of section 1703(a)(1); and ``(B) shall not be required to meet the requirements of section 1703(a)(2). ``(2) Partnerships authorized.--In carrying out a project receiving a loan guarantee under this title, State energy financing institutions may enter into partnerships with private entities, Tribal entities, and Alaska Native corporations. ``(3) Prohibition on use of appropriated funds.--Amounts appropriated to the Department of Energy before the date of enactment of this subsection shall not be available to be used for the cost of loan guarantees for projects receiving financing support or credit enhancements under this subsection.''. (d) Loan Guarantees for Certain Alaska Natural Gas Transportation Projects and Systems.--Section 116 of the Alaska Natural Gas Pipeline Act (15 U.S.C. 720n) is amended-- [[Page 135 STAT. 1038]] (1) in subsection (a)-- (A) in paragraph (1), by striking ``to West Coast States''; and (B) in paragraph (3), in the second sentence, by striking ``to the continental United States''; (2) in subsection (b)(1), in the first sentence, by striking ``to West Coast States''; and (3) in subsection (g)(4)-- (A) by inserting by striking ``plants liquification plants and'' and inserting ``plants, liquification plants, and''; (B) by striking ``to the West Coast''; and (C) by striking ``to the continental United States''. Subtitle B--Energy Information Administration SEC. 40411. <<NOTE: 42 USC 18771.>> DEFINITIONS. In this subtitle: (1) Administrator.--The term ``Administrator'' means the Administrator of the Energy Information Administration. (2) Annual critical minerals outlook.--The term ``Annual Critical Minerals Outlook'' means the Annual Critical Minerals Outlook prepared under section 7002(j)(1)(B) of the Energy Act of 2020 (30 U.S.C. 1606(j)(1)(B)). (3) Critical mineral.--The term ``critical mineral'' has the meaning given the term in section 7002(a) of the Energy Act of 2020 (30 U.S.C. 1606(a)). (4) Household energy burden.--The term ``household energy burden'' means the quotient obtained by dividing-- (A) the residential energy expenditures (as defined in section 440.3 of title 10, Code of Federal Regulations (as in effect on the date of enactment of this Act)) of the applicable household; by (B) the annual income of that household. (5) Household with a high energy burden.--The term ``household with a high energy burden'' has the meaning given the term in section 440.3 of title 10, Code of Federal Regulations (as in effect on the date of enactment of this Act). (6) Large manufacturing facility.--The term ``large manufacturing facility'' means a manufacturing facility that-- (A) annually consumes more than 35,000 megawatt- hours of electricity; or (B) has a peak power demand of more than 10 megawatts. (7) Load-serving entity.--The term ``load-serving entity'' has the meaning given the term in section 217(a) of the Federal Power Act (16 U.S.C. 824q(a)). (8) Miscellaneous electric load.--The term ``miscellaneous electric load'' means electricity that-- (A) is used by an appliance or device-- (i) within a building; or (ii) to serve a building; and (B) is not used for heating, ventilation, air conditioning, lighting, water heating, or refrigeration. (9) Regional transmission organization.--The term ``Regional Transmission Organization'' has the meaning given [[Page 135 STAT. 1039]] the term in section 3 of the Federal Power Act (16 U.S.C. 796). (10) Rural area.--The term ``rural area'' has the meaning given the term in section 609(a) of the Public Utility Regulatory Policies Act of 1978 (7 U.S.C. 918c(a)). SEC. 40412. <<NOTE: 42 USC 18772.>> DATA COLLECTION IN THE ELECTRICITY SECTOR. (a) Dashboard.-- (1) Establishment.-- (A) <<NOTE: Deadline.>> In general.--Not later than 90 days after the date of enactment of this Act, the Administrator shall establish an online database to track the operation of the bulk power system in the contiguous 48 States (referred to in this section as the ``Dashboard''). (B) Improvement of existing dashboard.--The Dashboard may be established through the improvement, in accordance with this subsection, of an existing dashboard of the Energy Information Administration, such as-- (i) the U.S. Electric System Operating Data dashboard; or (ii) the Hourly Electric Grid Monitor. (2) Expansion.-- (A) <<NOTE: Deadline.>> In general.--Not later than 1 year after the date of enactment of this Act, the Administrator shall expand the Dashboard to include, to the maximum extent practicable, hourly operating data collected from the electricity balancing authorities that operate the bulk power system in all of the several States, each territory of the United States, and the District of Columbia. (B) Types of data.--The hourly operating data collected under subparagraph (A) may include data relating to-- (i) total electricity demand; (ii) electricity demand by subregion; (iii) short-term electricity demand forecasts; (iv) total electricity generation; (v) net electricity generation by fuel type, including renewables; (vi) electricity stored and discharged; (vii) total net electricity interchange; (viii) electricity interchange with directly interconnected balancing authorities; and (ix) where available, the estimated marginal greenhouse gas emissions per megawatt hour of electricity generated-- (I) within the metered boundaries of each balancing authority; and (II) for each pricing node. (b) Mix of Energy Sources.-- (1) <<NOTE: Deadline. Determination.>> In general.--Not later than 1 year after the date of enactment of this Act, the Administrator shall establish, in accordance with section 40419 and this subsection and to the extent the Administrator determines to be appropriate, a system to harmonize the operating data on electricity generation collected under subsection (a) with-- [[Page 135 STAT. 1040]] (A) measurements of greenhouse gas and other pollutant emissions collected by the Environmental Protection Agency; (B) other data collected by the Environmental Protection Agency or other relevant Federal agencies, as the Administrator determines to be appropriate; and (C) data collected by State or regional energy credit registries. (2) Outcomes.--The system established under paragraph (1) shall result in an integrated dataset that includes, for any given time-- (A) the net generation of electricity by megawatt hour within the metered boundaries of each balancing authority; and (B) where available, the average and marginal greenhouse gas emissions by megawatt hour of electricity generated within the metered boundaries of each balancing authority. (3) Real-time data dissemination.--To the maximum extent practicable, the system established under paragraph (1) shall disseminate data-- (A) on a real-time basis; and (B) through an application programming interface that is publicly accessible. (4) Complementary efforts.--The system established under paragraph (1) shall complement any existing data dissemination efforts of the Administrator that make use of electricity generation data, such as electricity demand by subregion and electricity interchange with directly interconnected balancing authorities. (c) Observed Characteristics of Bulk Power System Resource Integration.-- (1) <<NOTE: Deadline.>> In general.--Not later than 1 year after the date of enactment of this Act, the Administrator shall establish a system to provide to the public timely data on the integration of energy resources into the bulk power system and the electric distribution grids in the United States, and the observed effects of that integration. (2) Requirements.--In carrying out paragraph (1), the Administrator shall seek to improve the temporal and spatial resolution of data relating to how grid operations are changing, such as through-- (A) thermal generator cycling to accommodate intermittent generation; (B) generation unit self-scheduling practices; (C) renewable source curtailment; (D) utility-scale storage; (E) load response; (F) aggregations of distributed energy resources at the distribution system level; (G) power interchange between directly connected balancing authorities; (H) expanding Regional Transmission Organization balancing authorities; (I) improvements in real-time-- (i) accuracy of locational marginal prices; and (ii) signals to flexible demand; and [[Page 135 STAT. 1041]] (J) disruptions to grid operations, including disruptions caused by cyber sources, physical sources, extreme weather events, or other sources. (d) <<NOTE: Public information.>> Distribution System Operations.-- (1) <<NOTE: Deadline.>> In general.--Not later than 1 year after the date of enactment of this Act, the Administrator shall establish a system to provide to the public timely data on the operations of load-serving entities in the electricity grids of the United States. (2) Requirements.-- (A) In general.--In carrying out paragraph (1), the Administrator shall-- (i) <<NOTE: Deadline.>> not less frequently than annually, provide data on-- (I) the delivered generation resource mix for each load-serving entity; and (II) the distributed energy resources operating within each service area of a load-serving entity; (ii) harmonize the data on delivered generation resource mix described in clause (i)(I) with measurements of greenhouse gas emissions collected by the Environmental Protection Agency; (iii) to the maximum extent practicable, disseminate the data described in clause (i)(I) and the harmonized data described in clause (ii) on a real-time basis; and (iv) <<NOTE: Deadline.>> provide historical data, beginning with the earliest calendar year practicable, but not later than calendar year 2020, on the delivered generation resource mix described in clause (i)(I). (B) Data on the delivered generation resource mix.-- In collecting the data described in subparagraph (A)(i)(I), the Administrator shall-- (i) use existing voluntary industry methodologies, including reporting protocols, databases, and emissions and energy use tracking software that provide consistent, timely, and accessible carbon emissions intensity rates for delivered electricity; (ii) consider that generation and transmission entities may provide data on behalf of load- serving entities; (iii) <<NOTE: Determination.>> to the extent that the Administrator determines necessary, and in a manner designed to protect confidential information, require each load-serving entity to submit additional information as needed to determine the delivered generation resource mix of the load-serving entity, including financial or contractual agreements for power and generation resource type attributes with respect to power owned by or retired by the load-serving entity; and (iv) for any portion of the generation resource mix of a load-serving entity that is otherwise unaccounted for, develop a methodology to assign to the load-serving entity a share of the otherwise unaccounted for resource mix of the relevant balancing authority. [[Page 135 STAT. 1042]] SEC. 40413. <<NOTE: 42 USC 18773.>> EXPANSION OF ENERGY CONSUMPTION SURVEYS. (a) <<NOTE: Deadline.>> In General.--Not later than 2 years after the date of enactment of this Act, the Administrator shall implement measures to expand the Manufacturing Energy Consumption Survey, the Commercial Building Energy Consumption Survey, and the Residential Energy Consumption Survey to include data on energy end use in order to facilitate the identification of-- (1) opportunities to improve energy efficiency and energy productivity; (2) changing patterns of energy use; and (3) opportunities to better understand and manage miscellaneous electric loads. (b) Requirements.-- (1) In general.--In carrying out subsection (a), the Administrator shall-- (A) increase the scope and frequency of data collection on energy end uses and services; (B) use new data collection methods and tools in order to obtain more comprehensive data and reduce the burden on survey respondents, including by-- (i) accessing other existing data sources; and (ii) if feasible, developing online and real- time reporting systems; (C) <<NOTE: Reports.>> identify and report community-level economic and environmental impacts, including with respect to-- (i) the reliability and security of the energy supply; and (ii) local areas with households with a high energy burden; and (D) improve the presentation of data, including by-- (i) enabling the presentation of data in an interactive cartographic format on a national, regional, State, and local level with the functionality of viewing various economic, energy, and demographic measures on an individual basis or in combination; and (ii) incorporating the results of the data collection, methods, and tools described in subparagraphs (A) and (B) into existing and new digital distribution methods. (2) Manufacturing energy consumption survey.--With respect to the Manufacturing Energy Consumption Survey, the Administrator shall-- (A) implement measures to provide more detailed representations of data by region; (B) for large manufacturing facilities, break out process heat use by required process temperatures in order to facilitate the identification of opportunities for cost reductions and energy efficiency or energy productivity improvements; (C) collect information on-- (i) energy source-switching capabilities, especially with respect to thermal processes and the efficiency of thermal processes; (ii) the use of electricity, biofuels, hydrogen, or other alternative fuels to produce process heat; and (iii) the use of demand response; and (D) identify current and potential future industrial clusters in which multiple firms and facilities in a defined [[Page 135 STAT. 1043]] geographic area share the costs and benefits of infrastructure for clean manufacturing, such as-- (i) hydrogen generation, production, transport, use, and storage infrastructure; and (ii) carbon dioxide capture, transport, use, and storage infrastructure. (3) Residential energy consumption survey.--With respect to the Residential Energy Consumption Survey, the Administrator shall-- (A) implement measures to provide more detailed representations of data by-- (i) geographic area, including by State (for each State); (ii) building type, including multi-family buildings; (iii) household income; (iv) location in a rural area; and (v) other demographic characteristics, as determined by the Administrator; and (B) report measures of-- (i) household electrical service capacity; (ii) access to utility demand-side management programs and bill credits; (iii) characteristics of the energy mix used to generate electricity in different regions; and (iv) the household energy burden for households-- (I) in different geographic areas; (II) by electricity, heating, and other end-uses; and (III) with different demographic characteristics that correlate with increased household energy burden, including-- (aa) having a low household income; (bb) being a minority household; (cc) residing in manufactured or multifamily housing; (dd) being in a fixed or retirement income household; (ee) residing in rental housing; and (ff) other factors, as determined by the Administrator. SEC. 40414. <<NOTE: 42 USC 18774.>> DATA COLLECTION ON ELECTRIC VEHICLE INTEGRATION WITH THE ELECTRICITY GRIDS. (a) <<NOTE: Deadline.>> In General.--Not later than 1 year after the date of enactment of this Act, the Administrator shall develop and implement measures to expand data collection with respect to electric vehicle integration with the electricity grids. (b) Sources of Data.--The sources of the data collected pursuant to subsection (a) may include-- (1) host-owned or charging-network-owned electric vehicle charging stations; (2) aggregators of charging-network electricity demand; (3) electric utilities offering managed-charging programs; (4) individual, corporate, or public owners of electric vehicles; and (5) balancing authority analyses of-- (A) transformer loading congestion; and [[Page 135 STAT. 1044]] (B) distribution-system congestion. (c) Consultation and Coordination.--In carrying out subsection (a), the Administrator may consult and enter into agreements with other institutions having relevant data and data collection capabilities, such as-- (1) the Secretary of Transportation; (2) the Secretary; (3) the Administrator of the Environmental Protection Agency; (4) States or State agencies; and (5) private entities. SEC. 40415. <<NOTE: 42 USC 18775.>> PLAN FOR THE MODELING AND FORECASTING OF DEMAND FOR MINERALS USED IN THE ENERGY SECTOR. (a) Plan.-- (1) <<NOTE: Deadline. Coordination.>> In general.--Not later than 180 days after the date of enactment of this Act, the Administrator, in coordination with the Director of the United States Geological Survey, shall develop a plan for the modeling and forecasting of demand for energy technologies, including for energy production, transmission, or storage purposes, that use minerals that are or could be designated as critical minerals. (2) Inclusions.--The plan developed under paragraph (1) shall identify-- (A) the type and quantity of minerals consumed, delineated by energy technology; (B) existing markets for manufactured energy- producing, energy-transmission, and energy-storing equipment; and (C) emerging or potential markets for new energy- producing, energy-transmission, and energy-storing technologies entering commercialization. (b) Metrics.--The plan developed under subsection (a)(1) shall produce forecasts of energy technology demand-- (1) <<NOTE: Time periods.>> over the 1-year, 5-year, and 10-year periods beginning on the date on which development of the plan is completed; (2) by economic sector; and (3) <<NOTE: Determination.>> according to any other parameters that the Administrator, in collaboration with the Secretary of the Interior, acting through the Director of the United States Geological Survey, determines are needed for the Annual Critical Minerals Outlook. (c) <<NOTE: Consultation.>> Collaboration.--The Administrator shall develop the plan under subsection (a)(1) in consultation with-- (1) the Secretary with respect to the possible trajectories of emerging energy-producing and energy-storing technologies; and (2) the Secretary of the Interior, acting through the Director of the United States Geological Survey-- (A) to ensure coordination; (B) to avoid duplicative effort; and (C) to align the analysis of demand with data and analysis of where the minerals are produced, refined, and subsequently processed into materials and parts that are used to build energy technologies. [[Page 135 STAT. 1045]] SEC. 40416. <<NOTE: 42 USC 18776.>> EXPANSION OF INTERNATIONAL ENERGY DATA. (a) <<NOTE: Deadline.>> In General.--Not later than 1 year after the date of enactment of this Act, the Administrator shall implement measures to expand and improve the international energy data resources of the Energy Information Administration in order to understand-- (1) the production and use of energy in various countries; (2) changing patterns of energy use internationally; (3) the relative costs and environmental impacts of energy production and use internationally; and (4) plans for or construction of major energy facilities or infrastructure. (b) Requirements.--In carrying out subsection (a), the Administrator shall-- (1) work with, and leverage the data resources of, the International Energy Agency; (2) include detail on energy consumption by fuel, economic sector, and end use within countries for which data are available; (3) collect relevant measures of energy use, including-- (A) cost; and (B) emissions intensity; and (4) provide tools that allow for straightforward country-to- country comparisons of energy production and consumption across economic sectors and end uses. SEC. 40417. PLAN FOR THE NATIONAL ENERGY MODELING SYSTEM. <<NOTE: Deadline.>> Not later than 180 days after the date of enactment of this Act, the Administrator shall develop a plan to identify any need or opportunity to update or further the capabilities of the National Energy Modeling System, including with respect to-- (1) treating energy demand endogenously; (2) increased natural gas usage and increased market penetration of renewable energy; (3) flexible operating modes of nuclear power plants, such as load following and frequency control; (4) tools to model multiple-output energy systems that provide hydrogen, high-value heat, electricity, and chemical synthesis services, including interactions of those energy systems with the electricity grids, pipeline networks, and the broader economy; (5) demand response and improved representation of energy storage, including long-duration storage, in capacity expansion models; (6) electrification, particularly with respect to the transportation, industrial, and buildings sectors; (7) increasing model resolution to represent all hours of the year and all electricity generators; (8) wholesale electricity market design and the appropriate valuation of all services that support the reliability of electricity grids, such as-- (A) battery storage; and (B) synthetic inertia from grid-tied inverters; (9) economic modeling of the role of energy efficiency, demand response, electricity storage, and a variety of distributed generation technologies; (10) the production, transport, use, and storage of carbon dioxide, hydrogen, and hydrogen carriers; [[Page 135 STAT. 1046]] (11) greater flexibility in-- (A) the modeling of the environmental impacts of electricity systems, such as-- (i) emissions of greenhouse gases and other pollutants; and (ii) the use of land and water resources; and (B) the ability to support climate modeling, such as the climate modeling performed by the Office of Biological and Environmental Research in the Office of Science of the Department; (12) technologies that are in an early stage of commercial deployment and have been identified by the Secretary as candidates for large-scale demonstration projects, such as-- (A) carbon capture, transport, use, and storage from any source or economic sector; (B) direct air capture; (C) hydrogen production, including via electrolysis; (D) synthetic and biogenic hydrocarbon liquid and gaseous fuels; (E) supercritical carbon dioxide combustion turbines; (F) industrial fuel cell and hydrogen combustion equipment; and (G) industrial electric boilers; (13) increased and improved data sources and tools, including-- (A) the establishment of technology and cost baselines, including technology learning rates; (B) economic and employment impacts of energy system policies and energy prices on households, as a function of household income and region; and (C) the use of behavioral economics to inform demand modeling in all sectors; and (14) striving to migrate toward a single, consistent, and open-source modeling platform, and increasing open access to model systems, data, and outcomes, for-- (A) disseminating reference scenarios that can be transparently and broadly replicated; and (B) promoting the development of the researcher and analyst workforce needed to continue the development and validation of improved energy system models in the future. SEC. 40418. REPORT ON COSTS OF CARBON ABATEMENT IN THE ELECTRICITY SECTOR. Not later than 270 days after the date of enactment of this Act, the Administrator shall submit to Congress a report on-- (1) the potential use of levelized cost of carbon abatement or a similar metric in analyzing generators of electricity, including an identification of limitations and appropriate uses of the metric; (2) the feasibility and impact of incorporating levelized cost of carbon abatement in long-term forecasts-- (A) to compare technical approaches and understand real-time changes in fossil-fuel and nuclear dispatch; (B) to compare the system-level costs of technology options to reduce emissions; and [[Page 135 STAT. 1047]] (C) to compare the costs of policy options, including current policies, regarding valid and verifiable reductions and removals of carbon; and (3)(A) a potential process to measure carbon dioxide emissions intensity per unit of output production for a range of-- (i) energy sources; (ii) sectors; and (iii) geographic regions; and (B) a corresponding process to provide an empirical framework for reporting the status and costs of carbon dioxide reduction relative to specified goals. SEC. 40419. <<NOTE: Deadline. Determinations. 42 USC 18777.>> HARMONIZATION OF EFFORTS AND DATA. Not later than 1 year after the date of enactment of this Act, the Administrator shall establish a system to harmonize, to the maximum extent practicable and consistent with data integrity-- (1) the data collection efforts of the Administrator, including any data collection required under this subtitle, with the data collection efforts of-- (A) the Environmental Protection Agency, as the Administrator determines to be appropriate; (B) other relevant Federal agencies, as the Administrator determines to be appropriate; and (C) State or regional energy credit registries, as the Administrator determines to be appropriate; (2) the data collected under this subtitle, including the operating data on electricity generation collected under section 40412(a), with data collected by the entities described in subparagraphs (A) through (C) of paragraph (1), including any measurements of greenhouse gas and other pollutant emissions collected by the Environmental Protection Agency, as the Administrator determines to be appropriate; and (3) the efforts of the Administrator to identify and report relevant impacts, opportunities, and patterns with respect to energy use, including the identification of community-level economic and environmental impacts required under section 40413(b)(1)(C), with the efforts of the Environmental Protection Agency and other relevant Federal agencies, as determined by the Administrator, to identify similar impacts, opportunities, and patterns. Subtitle C--Miscellaneous SEC. 40431. CONSIDERATION OF MEASURES TO PROMOTE GREATER ELECTRIFICATION OF THE TRANSPORTATION SECTOR. (a) In General.--Section 111(d) of the Public Utility Regulatory Policies Act of 1978 (16 U.S.C. 2621(d)) (as amended by section 40104(a)(1)) is amended by adding at the end the following: ``(21) Electric vehicle charging programs.--Each State shall consider measures to promote greater electrification of the transportation sector, including the establishment of rates that-- ``(A) promote affordable and equitable electric vehicle charging options for residential, commercial, and public electric vehicle charging infrastructure; [[Page 135 STAT. 1048]] ``(B) improve the customer experience associated with electric vehicle charging, including by reducing charging times for light-, medium-, and heavy-duty vehicles; ``(C) accelerate third-party investment in electric vehicle charging for light-, medium-, and heavy-duty vehicles; and ``(D) appropriately recover the marginal costs of delivering electricity to electric vehicles and electric vehicle charging infrastructure.''. (b) Compliance.-- (1) Time limitation.--Section 112(b) of the Public Utility Regulatory Policies Act of 1978 (16 U.S.C. 2622(b)) (as amended by section 40104(a)(2)(A)) is amended by adding at the end the following: ``(8)(A) <<NOTE: Deadlines.>> Not later than 1 year after the date of enactment of this paragraph, each State regulatory authority (with respect to each electric utility for which the State has ratemaking authority) and each nonregulated utility shall commence consideration under section 111, or set a hearing date for consideration, with respect to the standard established by paragraph (21) of section 111(d). ``(B) Not later than 2 years after the date of enactment of this paragraph, each State regulatory authority (with respect to each electric utility for which the State has ratemaking authority), and each nonregulated electric utility shall complete the consideration and make the determination under section 111 with respect to the standard established by paragraph (21) of section 111(d).''. (2) Failure to comply.--Section 112(c) of the Public Utility Regulatory Policies Act of 1978 (16 U.S.C. 2622(c)) (as amended by section 40104(a)(2)(B)(i)) is amended by adding at the end the following: ``In the case of the standard established by paragraph (21) of section 111(d), the reference contained in this subsection to the date of enactment of this Act shall be deemed to be a reference to the date of enactment of that paragraph (21).''. (3) Prior state actions.-- (A) In general.--Section 112 of the Public Utility Regulatory Policies Act of 1978 (16 U.S.C. 2622) (as amended by section 40104(a)(2)(C)(i)) is amended by adding at the end the following: ``(h) Other Prior State Actions.--Subsections (b) and (c) shall not apply to the standard established by paragraph (21) of section 111(d) in the case of any electric utility in a State if, before the date of enactment of this subsection-- ``(1) the State has implemented for the electric utility the standard (or a comparable standard); ``(2) the State regulatory authority for the State or the relevant nonregulated electric utility has conducted a proceeding to consider implementation of the standard (or a comparable standard) for the electric utility; or ``(3) <<NOTE: Time period.>> the State legislature has voted on the implementation of the standard (or a comparable standard) for the electric utility during the 3-year period ending on that date of enactment.''. (B) Cross-reference.--Section 124 of the Public Utility Regulatory Policies Act of 1978 (16 U.S.C. 2634) [[Page 135 STAT. 1049]] (as amended by section 40104(a)(2)(C)(ii)(II)) is amended by adding at the end the following: ``In the case of the standard established by paragraph (21) of section 111(d), the reference contained in this section to the date of enactment of this Act shall be deemed to be a reference to the date of enactment of that paragraph (21).''. SEC. 40432. OFFICE OF PUBLIC PARTICIPATION. Section 319 of the Federal Power Act (16 U.S.C. 825q-1) is amended-- (1) in subsection (a)(2)-- (A) in subparagraph (A), by striking the third sentence; and (B) in subparagraph (B)-- (i) by striking the third sentence and inserting the following: ``The Director shall be compensated at a rate of pay not greater than the maximum rate of pay prescribed for a senior executive in the Senior Executive Service under section 5382 of title 5, United States Code.''; and (ii) by striking the first sentence; and (2) in subsection (b), by striking paragraph (4). SEC. 40433. DIGITAL CLIMATE SOLUTIONS REPORT. (a) <<NOTE: Consultation. Assessments.>> In General.--Not later than 1 year after the date of enactment of this Act, the Secretary, in consultation with appropriate Federal agencies and relevant stakeholders, shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Energy and Commerce of the House of Representatives a report that assesses using digital tools and platforms as climate solutions, including-- (1) artificial intelligence and machine learning; (2) blockchain technologies and distributed ledgers; (3) crowdsourcing platforms; (4) the Internet of Things; (5) distributed computing for the grid; and (6) software and systems. (b) Contents.--The report required under subsection (a) shall include-- (1) as practicable, a full inventory and assessment of digital climate solutions; (2) <<NOTE: Analysis.>> an analysis of how the private sector can utilize the digital tools and platforms included in the inventory under paragraph (1) to accelerate digital climate solutions; and (3) <<NOTE: Summary.>> a summary of opportunities to enhance the standardization of voluntary and regulatory climate disclosure protocols, including enabling the data to be disseminated through an application programming interface that is accessible to the public. SEC. 40434. STUDY AND REPORT BY THE SECRETARY OF ENERGY ON JOB LOSS AND IMPACTS ON CONSUMER ENERGY COSTS DUE TO THE REVOCATION OF THE PERMIT FOR THE KEYSTONE XL PIPELINE. (a) Definition of Executive Order.--In this section, the term ``Executive Order'' means Executive Order 13990 (86 Fed. Reg. 7037; relating to protecting public health and the environment and restoring science to tackle the climate crisis). [[Page 135 STAT. 1050]] (b) Study and Report.--The Secretary shall-- (1) <<NOTE: Estimates. Time period.>> conduct a study to estimate-- (A) the total number of jobs that were lost as a direct or indirect result of section 6 of the Executive Order over the 10-year period beginning on the date on which the Executive Order was issued; and (B) the impact on consumer energy costs that are projected to result as a direct or indirect result of section 6 of the Executive Order over the 10-year period beginning on the date on which the Executive Order was issued; and (2) not later than 90 days after the date of enactment of this Act, submit to Congress a report describing the findings of the study conducted under paragraph (1). SEC. 40435. <<NOTE: Reports.>> STUDY ON IMPACT OF ELECTRIC VEHICLES. Not later than 120 days after the date of enactment of this Act, the Secretary shall conduct, and submit to Congress a report describing the results of, a study on the cradle to grave environmental impact of electric vehicles. SEC. 40436. <<NOTE: Deadline. Coordination.>> STUDY ON IMPACT OF FORCED LABOR IN CHINA ON THE ELECTRIC VEHICLE SUPPLY CHAIN. Not later than 120 days after the date of enactment of this Act, the Secretary, in coordination with the Secretary of State and the Secretary of Commerce, shall study the impact of forced labor in China on the electric vehicle supply chain. TITLE V--ENERGY EFFICIENCY AND BUILDING INFRASTRUCTURE Subtitle A--Residential and Commercial Energy Efficiency SEC. 40501. <<NOTE: 42 USC 18791.>> DEFINITIONS. In this subtitle: (1) Priority state.--The term ``priority State'' means a State that-- (A) is eligible for funding under the State Energy Program; and (B)(i) is among the 15 States with the highest annual per-capita combined residential and commercial sector energy consumption, as most recently reported by the Energy Information Administration; or (ii) is among the 15 States with the highest annual per-capita energy-related carbon dioxide emissions by State, as most recently reported by the Energy Information Administration. (2) Program.--The term ``program'' means the program established under section 40502(a). (3) State.--The term ``State'' means a State (as defined in section 3 of the Energy Policy and Conservation Act (42 U.S.C. 6202)), acting through a State energy office. (4) State energy program.--The term ``State Energy Program'' means the State Energy Program established under [[Page 135 STAT. 1051]] part D of title III of the Energy Policy and Conservation Act (42 U.S.C. 6321 et seq.). SEC. 40502. <<NOTE: 42 USC 18792.>> ENERGY EFFICIENCY REVOLVING LOAN FUND CAPITALIZATION GRANT PROGRAM. (a) <<NOTE: Deadline.>> In General.--Not later than 1 year after the date of enactment of this Act, under the State Energy Program, the Secretary shall establish a program under which the Secretary shall provide capitalization grants to States to establish a revolving loan fund under which the State shall provide loans and grants, as applicable, in accordance with this section. (b) Distribution of Funds.-- (1) All states.-- (A) In general.--Of the amounts made available under subsection (j), the Secretary shall use 40 percent to provide capitalization grants to States that are eligible for funding under the State Energy Program, in accordance with the allocation formula established under section 420.11 of title 10, Code of Federal Regulations (or successor regulations). (B) Remaining funding.--After applying the allocation formula described in subparagraph (A), the Secretary shall redistribute any unclaimed funds to the remaining States seeking capitalization grants under that subparagraph. (2) Priority states.-- (A) <<NOTE: Determination.>> In general.--Of the amounts made available under subsection (j), the Secretary shall use 60 percent to provide supplemental capitalization grants to priority States in accordance with an allocation formula determined by the Secretary. (B) Remaining funding.--After applying the allocation formula described in subparagraph (A), the Secretary shall redistribute any unclaimed funds to the remaining priority States seeking supplemental capitalization grants under that subparagraph. (C) Grant amount.-- (i) Maximum amount.--The amount of a supplemental capitalization grant provided to a State under this paragraph shall not exceed $15,000,000. (ii) Supplement not supplant.--A supplemental capitalization grant received by a State under this paragraph shall supplement, not supplant, a capitalization grant received by that State under paragraph (1). (c) Applications for Capitalization Grants.--A State seeking a capitalization grant under the program shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require, including-- (1) <<NOTE: Plan.>> a detailed explanation of how the grant will be used, including a plan to establish a new revolving loan fund or use an existing revolving loan fund; (2) <<NOTE: Audits.>> the need of eligible recipients for loans and grants in the State for assistance with conducting energy audits; (3) a description of the expected benefits that building infrastructure and energy system upgrades and retrofits will have on communities in the State; and [[Page 135 STAT. 1052]] (4) in the case of a priority State seeking a supplemental capitalization grant under subsection (b)(2), a justification for needing the supplemental funding. (d) Timing.-- (1) In general.--The Secretary shall establish a timeline with dates by, or periods by the end of, which a State shall-- (A) on receipt of a capitalization grant under the program, deposit the grant funds into a revolving loan fund; and (B) begin using the capitalization grant as described in subsection (e)(1). (2) Use <<NOTE: Requirement. Deadline.>> of grant.--Under the timeline established under paragraph (1), a State shall be required to begin using a capitalization grant not more than 180 days after the date on which the grant is received. (e) Use of Grant Funds.-- (1) In general.--A State that receives a capitalization grant under the program-- (A) <<NOTE: Loans.>> shall provide loans in accordance with paragraph (2); and (B) may provide grants in accordance with paragraph (3). (2) Loans.-- (A) Commercial energy audit.-- (i) In general.--A State that receives a capitalization grant under the program may provide a loan to an eligible recipient described in clause (iv) to conduct a commercial energy audit. (ii) Audit requirements.--A commercial energy audit conducted using a loan provided under clause (i) shall-- (I) <<NOTE: Determination.>> determine the overall consumption of energy of the facility of the eligible recipient; (II) <<NOTE: Recommenda- tions.>> identify and recommend lifecycle cost-effective opportunities to reduce the energy consumption of the facility of the eligible recipient, including through energy efficient-- (aa) lighting; (bb) heating, ventilation, and air conditioning systems; (cc) windows; (dd) appliances; and (ee) insulation and building envelopes; (III) <<NOTE: Cost estimate.>> estimate the energy and cost savings potential of the opportunities identified in subclause (II) using software approved by the Secretary; (IV) identify-- (aa) the period and level of peak energy demand for each building within the facility of the eligible recipient; and (bb) the sources of energy consumption that are contributing the most to that period of peak energy demand; (V) <<NOTE: Recommenda- tion.>> recommend controls and management systems to reduce or redistribute peak energy consumption; and [[Page 135 STAT. 1053]] (VI) <<NOTE: Cost estimate.>> estimate the total energy and cost savings potential for the facility of the eligible recipient if all recommended upgrades and retrofits are implemented, using software approved by the Secretary. (iii) Additional audit inclusions.--A commercial energy audit conducted using a loan provided under clause (i) may recommend strategies to increase energy efficiency of the facility of the eligible recipient through use of electric systems or other high-efficiency systems utilizing fuels, including natural gas and hydrogen. (iv) Eligible recipients.--An eligible recipient under clause (i) is a business that-- (I) conducts the majority of its business in the State that provides the loan under that clause; and (II) owns or operates-- (aa) 1 or more commercial buildings; or (bb) commercial space within a building that serves multiple functions, such as a building for commercial and residential operations. (B) Residential energy audits.-- (i) In general.--A State that receives a capitalization grant under the program may provide a loan to an eligible recipient described in clause (iv) to conduct a residential energy audit. (ii) Residential energy audit requirements.--A residential energy audit conducted using a loan under clause (i) shall-- (I) utilize the same evaluation criteria as the Home Performance Assessment used in the Energy Star program established under section 324A of the Energy Policy and Conservation Act (42 U.S.C. 6294a); (II) <<NOTE: Recommenda- tion.>> recommend lifecycle cost-effective opportunities to reduce energy consumption within the residential building of the eligible recipient, including through energy efficient-- (aa) lighting; (bb) heating, ventilation, and air conditioning systems; (cc) windows; (dd) appliances; and (ee) insulation and building envelopes; (III) <<NOTE: Recommenda- tion.>> recommend controls and management systems to reduce or redistribute peak energy consumption; (IV) compare the energy consumption of the residential building of the eligible recipient to comparable residential buildings in the same geographic area; and (V) <<NOTE: Determination.>> provide a Home Energy Score, or equivalent score (as determined by the Secretary), for the residential building of the eligible recipient by using the Home Energy Score Tool of the Department or an equivalent scoring tool. [[Page 135 STAT. 1054]] (iii) Additional audit inclusions.--A residential energy audit conducted using a loan provided under clause (i) may recommend strategies to increase energy efficiency of the facility of the eligible recipient through use of electric systems or other high-efficiency systems utilizing fuels, including natural gas and hydrogen. (iv) Eligible recipients.--An eligible recipient under clause (i) is-- (I) an individual who owns-- (aa) a single family home; (bb) a condominium or duplex; or (cc) a manufactured housing unit; or (II) a business that owns or operates a multifamily housing facility. (C) Commercial and residential energy upgrades and retrofits.-- (i) In general.--A State that receives a capitalization grant under the program may provide a loan to an eligible recipient described in clause (ii) to carry out upgrades or retrofits of building infrastructure and systems that-- (I) are recommended in the commercial energy audit or residential energy audit, as applicable, completed for the building or facility of the eligible recipient; (II) satisfy at least 1 of the criteria in the Home Performance Assessment used in the Energy Star program established under section 324A of the Energy Policy and Conservation Act (42 U.S.C. 6294a); (III) improve, with respect to the building or facility of the eligible recipient-- (aa) the physical comfort of the building or facility occupants; (bb) the energy efficiency of the building or facility; or (cc) the quality of the air in the building or facility; and (IV)(aa) are lifecycle cost- effective; and (bb)(AA) reduce the energy intensity of the building or facility of the eligible recipient; or (BB) improve the control and management of energy usage of the building or facility to reduce demand during peak times. (ii) Eligible recipients.--An eligible recipient under clause (i) is an eligible recipient described in subparagraph (A)(iv) or (B)(iv) that-- (I) has completed a commercial energy audit described in subparagraph (A) or a residential energy audit described in subparagraph (B) using a loan provided under the applicable subparagraph; or (II) has completed a commercial energy audit or residential energy audit that-- (aa) was not funded by a loan under this paragraph; and [[Page 135 STAT. 1055]] (bb)(AA) meets the requirements for the applicable audit under subparagraph (A) or (B), as applicable; or (BB) <<NOTE: Determination.>> the Secretary determines is otherwise satisfactory. (iii) Loan term.-- (I) In general.--A loan provided under this subparagraph shall be required to be fully amortized by the earlier of-- (aa) subject to subclause (II), the year in which the upgrades or retrofits carried out using the loan exceed their expected useful life; and (bb) <<NOTE: Time period.>> 15 years after those upgrades or retrofits are installed. (II) Calculation.--For purposes of subclause (I)(aa), in the case of a loan being used to fund multiple upgrades or retrofits, the longest-lived upgrade or retrofit shall be used to calculate the year in which the upgrades or retrofits carried out using the loan exceed their expected useful life. (D) <<NOTE: Determination. Cost estimates.>> Referral to qualified contractors.--Following the completion of an audit under subparagraph (A) or (B) by an eligible recipient of a loan under the applicable subparagraph, the State may refer the eligible recipient to a qualified contractor, as determined by the State, to estimate-- (i) the upfront capital cost of each recommended upgrade; and (ii) the total upfront capital cost of implementing all recommended upgrades. (E) Loan recipients.--Each State providing loans under this paragraph shall, to the maximum extent practicable, provide loans to eligible recipients that do not have access to private capital. (3) Grants and technical assistance.-- (A) In general.--A State that receives a capitalization grant under the program may use not more than 25 percent of the grant funds to provide grants or technical assistance to eligible entities described in subparagraph (B) to carry out the activities described in subparagraphs (A), (B), and (C) of paragraph (2). (B) Eligible entity.--An entity eligible for a grant or technical assistance under subparagraph (A) is-- (i) a business that-- (I) is an eligible recipient described in paragraph (2)(A)(iv); and (II) has fewer than 500 employees; or (ii) a low-income individual (as defined in section 3 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3102)) that owns a residential building. (4) <<NOTE: Deadline.>> Final assessment.--A State that provides a capitalization grant under paragraph (2)(C) to an eligible recipient described in clause (ii) of that paragraph may, not later than 1 year after the date on which the upgrades or retrofits funded by the grant under that paragraph are completed, provide [[Page 135 STAT. 1056]] to the eligible recipient a loan or, in accordance with paragraph (3), a grant to conduct a final energy audit that assesses the total energy savings from the upgrades or retrofits. (5) Administrative expenses.--A State that receives a capitalization grant under the program may use not more than 10 percent of the grant funds for administrative expenses. (f) Coordination With Existing Programs.--A State receiving a capitalization grant under the program is encouraged to utilize and build on existing programs and infrastructure within the State that may aid the State in carrying out a revolving loan fund program. (g) Leveraging Private Capital.--A State receiving a capitalization grant under the program shall, to the maximum extent practicable, use the grant to leverage private capital. (h) Outreach.--The Secretary shall engage in outreach to inform States of the availability of capitalization grants under the program. (i) Report.--Each State that receives a capitalization grant under the program shall, not later than 2 years after a grant is received, submit to the Secretary a report that describes-- (1) the number of recipients to which the State has distributed-- (A) loans for-- (i) commercial energy audits under subsection (e)(2)(A); (ii) residential energy audits under subsection (e)(2)(B); (iii) energy upgrades and retrofits under subsection (e)(2)(C); and (B) grants under subsection (e)(3); and (2) the average capital cost of upgrades and retrofits across all commercial energy audits and residential energy audits that were conducted in the State using loans provided by the State under subsection (e). (j) Authorization of Appropriations.--There is authorized to be appropriated to the Secretary to carry out this section $250,000,000 for fiscal year 2022, to remain available until expended. SEC. 40503. <<NOTE: 42 USC 18793.>> ENERGY AUDITOR TRAINING GRANT PROGRAM. (a) Definitions.--In this section: (1) Covered certification.--The term ``covered certification'' means any of the following certifications: (A) The American Society of Heating, Refrigerating and Air-Conditioning Engineers Building Energy Assessment Professional certification. (B) The Association of Energy Engineers Certified Energy Auditor certification. (C) The Building Performance Institute Home Energy Professional Energy Auditor certification. (D) The Residential Energy Services Network Home Energy Rater certification. (E) Any other third-party certification recognized by the Department. (F) Any third-party certification that the Secretary determines is equivalent to the certifications described in subparagraphs (A) through (E). [[Page 135 STAT. 1057]] (2) Eligible state.--The term ``eligible State'' means a State that-- (A) has a demonstrated need for assistance for training energy auditors; and (B) meets any additional criteria determined necessary by the Secretary. (b) Establishment.--Under the State Energy Program, the Secretary shall establish a competitive grant program under which the Secretary shall award grants to eligible States to train individuals to conduct energy audits or surveys of commercial and residential buildings. (c) Applications.-- (1) In general.--A State seeking a grant under subsection (b) shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require, including the energy auditor training program plan described in paragraph (2). (2) Energy auditor training program plan.--An energy auditor training program plan submitted with an application under paragraph (1) shall include-- (A)(i) a proposed training curriculum for energy audit trainees; and (ii) an identification of the covered certification that those trainees will receive on completion of that training curriculum; (B) the expected per-individual cost of training; (C) a plan for connecting trainees with employment opportunities; and (D) any additional information required by the Secretary. (d) Amount of Grant.--The amount of a grant awarded to an eligible State under subsection (b)-- (1) <<NOTE: Determination.>> shall be determined by the Secretary, taking into account the population of the eligible State; and (2) shall not exceed $2,000,000 for any eligible State. (e) Use of Funds.-- (1) In general.--An eligible State that receives a grant under subsection (b) shall use the grant funds-- (A) to cover any cost associated with individuals being trained or certified to conduct energy audits by-- (i) the State; or (ii) a State-certified third party training program; and (B) subject to paragraph (2), to pay the wages of a trainee during the period in which the trainee receives training and certification. (2) Limitation.--Not more than 10 percent of grant funds provided under subsection (b) to an eligible State may be used for the purpose described in paragraph (1)(B). (f) Consultation.--In carrying out this section, the Secretary shall consult with the Secretary of Labor. (g) <<NOTE: Time period.>> Authorization of Appropriations.--There is authorized to be appropriated to the Secretary to carry out this section $40,000,000 for the period of fiscal years 2022 through 2026. [[Page 135 STAT. 1058]] Subtitle B--Buildings SEC. 40511. COST-EFFECTIVE CODES IMPLEMENTATION FOR EFFICIENCY AND RESILIENCE. (a) In General.--Title III of the Energy Conservation and Production Act (42 U.S.C. 6831 et seq.) is amended by adding at the end the following: ``SEC. 309. <<NOTE: 42 USC 6838.>> COST-EFFECTIVE CODES IMPLEMENTATION FOR EFFICIENCY AND RESILIENCE. ``(a) Definitions.--In this section: ``(1) Eligible entity.--The term `eligible entity' means-- ``(A) a relevant State agency, as determined by the Secretary, such as a State building code agency, State energy office, or Tribal energy office; and ``(B) a partnership. ``(2) Partnership.--The term `partnership' means a partnership between an eligible entity described in paragraph (1)(A) and 1 or more of the following entities: ``(A) Local building code agencies. ``(B) Codes and standards developers. ``(C) Associations of builders and design and construction professionals. ``(D) Local and utility energy efficiency programs. ``(E) Consumer, energy efficiency, and environmental advocates. ``(F) <<NOTE: Determination.>> Other entities, as determined by the Secretary. ``(3) Secretary.--The term `Secretary' means the Secretary of Energy. ``(b) Establishment.-- ``(1) In general.--The Secretary shall establish within the Building Technologies Office of the Department of Energy a program under which the Secretary shall award grants on a competitive basis to eligible entities to enable sustained cost- effective implementation of updated building energy codes. ``(2) Updated building energy code.--An update to a building energy code under this section, including an amendment that results in increased efficiency compared to the previously adopted building energy code, shall include any update made available after the existing building energy code, even if it is not the most recent updated code available. ``(c) Criteria; Priority.--In awarding grants under subsection (b), the Secretary shall-- ``(1) consider-- ``(A) prospective energy savings and plans to measure the savings, including utilizing the Environmental Protection Agency Portfolio Manager, the Home Energy Score rating of the Office of Energy Efficiency and Renewable Energy of the Department of Energy, the Energy Star Building rating methodologies of the Environmental Protection Agency, and other methodologies determined appropriate by the Secretary; ``(B) the long-term sustainability of those measures and savings; ``(C) prospective benefits, and plans to assess the benefits, including benefits relating to-- [[Page 135 STAT. 1059]] ``(i) resilience and peak load reduction; ``(ii) occupant safety and health; and ``(iii) environmental performance; ``(D) the demonstrated capacity of the eligible entity to carry out the proposed project; and ``(E) the need of the eligible entity for assistance; and ``(2) give priority to applications from partnerships. ``(d) Eligible Activities.-- ``(1) In general.--An eligible entity awarded a grant under this section may use the grant funds-- ``(A) to create or enable State or regional partnerships to provide training and materials to-- ``(i) builders, contractors and subcontractors, architects, and other design and construction professionals, relating to meeting updated building energy codes in a cost-effective manner; and ``(ii) building code officials, relating to improving implementation of and compliance with building energy codes; ``(B) <<NOTE: Data.>> to collect and disseminate quantitative data on construction and codes implementation, including code pathways, performance metrics, and technologies used; ``(C) <<NOTE: Plan.>> to develop and implement a plan for highly effective codes implementation, including measuring compliance; ``(D) to address various implementation needs in rural, suburban, and urban areas; and ``(E) <<NOTE: Updates.>> to implement updates in energy codes for-- ``(i) new residential and commercial buildings (including multifamily buildings); and ``(ii) additions and alterations to existing residential and commercial buildings (including multifamily buildings). ``(2) Related topics.--Training and materials provided using a grant under this section may include information on the relationship between energy codes and-- ``(A) cost-effective, high-performance, and zero- net-energy buildings; ``(B) improving resilience, health, and safety; ``(C) water savings and other environmental impacts; and ``(D) the economic impacts of energy codes. ``(e) <<NOTE: Time period.>> Authorization of Appropriations.--There is authorized to be appropriated to the Secretary to carry out this section $225,000,000 for the period of fiscal years 2022 through 2026.''. (b) Conforming Amendment.--Section 303 of the Energy Conservation and Production Act (42 U.S.C. 6832) is amended, in the matter preceding paragraph (1), by striking ``As used in'' and inserting ``Except as otherwise provided, in''. SEC. 40512. <<NOTE: Grants. 42 USC 18801.>> BUILDING, TRAINING, AND ASSESSMENT CENTERS. (a) In General.--The Secretary shall provide grants to institutions of higher education (as defined in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001)) and Tribal Colleges or Universities (as defined in section 316(b) of that Act (20 U.S.C. 1059c(b))) to establish building training and assessment centers-- [[Page 135 STAT. 1060]] (1) to identify opportunities for optimizing energy efficiency and environmental performance in buildings; (2) to promote the application of emerging concepts and technologies in commercial and institutional buildings; (3) to train engineers, architects, building scientists, building energy permitting and enforcement officials, and building technicians in energy-efficient design and operation; (4) to assist institutions of higher education and Tribal Colleges or Universities in training building technicians; (5) to promote research and development for the use of alternative energy sources and distributed generation to supply heat and power for buildings, particularly energy-intensive buildings; and (6) <<NOTE: Coordination.>> to coordinate with and assist State-accredited technical training centers, community colleges, Tribal Colleges or Universities, and local offices of the National Institute of Food and Agriculture and ensure appropriate services are provided under this section to each region of the United States. (b) Coordination and Nonduplication.-- (1) In general.--The Secretary shall coordinate the program with the industrial research and assessment centers program under section 457 of the Energy Independence and Security Act of 2007 (as added by section 40521(b)) and with other Federal programs to avoid duplication of effort. (2) Collocation.--To the maximum extent practicable, building, training, and assessment centers established under this section shall be collocated with industrial research and assessment centers (as defined in section 40531). (c) Authorization of Appropriations.--There is authorized to be appropriated to the Secretary to carry out this section $10,000,000 for fiscal year 2022, to remain available until expended. SEC. 40513. <<NOTE: Grants. 42 USC 18802.>> CAREER SKILLS TRAINING. (a) Definition of Eligible Entity.--In this section, the term ``eligible entity'' means a nonprofit partnership that-- (1) includes the equal participation of industry, including public or private employers, and labor organizations, including joint labor-management training programs; (2) may include workforce investment boards, community-based organizations, qualified service and conservation corps, educational institutions, small businesses, cooperatives, State and local veterans agencies, and veterans service organizations; and (3) demonstrates-- (A) experience in implementing and operating worker skills training and education programs; (B) the ability to identify and involve in training programs carried out under this section, target populations of individuals who would benefit from training and be actively involved in activities relating to energy efficiency and renewable energy industries; and (C) the ability to help individuals achieve economic self-sufficiency. (b) Establishment.--The Secretary shall award grants to eligible entities to pay the Federal share of associated career skills training programs under which students concurrently receive classroom instruction and on-the-job training for the purpose of obtaining [[Page 135 STAT. 1061]] an industry-related certification to install energy efficient buildings technologies. (c) Federal Share.--The Federal share of the cost of carrying out a career skills training program described in subsection (b) shall be 50 percent. (d) Authorization of Appropriations.--There is authorized to be appropriated to the Secretary to carry out this section $10,000,000 for fiscal year 2022, to remain available until expended. SEC. 40514. <<NOTE: 42 USC 18803.>> COMMERCIAL BUILDING ENERGY CONSUMPTION INFORMATION SHARING. (a) Definitions.--In this section: (1) Administrator.--The term ``Administrator'' means the Administrator of the Energy Information Administration. (2) Agreement.--The term ``Agreement'' means the agreement entered into under subsection (b). (3) Survey.--The term ``Survey'' means the Commercial Building Energy Consumption Survey. (b) <<NOTE: Contracts. Deadline.>> Authorization of Agreement.--Not later than 120 days after the date of enactment of this Act, the Administrator and the Administrator of the Environmental Protection Agency shall sign, and submit to Congress, an information sharing agreement relating to commercial building energy consumption data. (c) Content of Agreement.--The Agreement shall-- (1) provide, to the extent permitted by law, that-- (A) the Administrator shall have access to building- specific data in the Portfolio Manager database of the Environmental Protection Agency; and (B) the Administrator of the Environmental Protection Agency shall have access to building-specific data collected by the Survey; (2) describe the manner in which the Administrator shall use the data described in paragraph (1) and subsection (d); (3) describe and compare-- (A) the methodologies that the Energy Information Administration, the Environmental Protection Agency, and State and local government managers use to maximize the quality, reliability, and integrity of data collected through the Survey, the Portfolio Manager database of the Environmental Protection Agency, and State and local building energy disclosure laws (including regulations), respectively, and the manner in which those methodologies can be improved; and (B) consistencies and variations in data for the same buildings captured in-- (i)(I) the 2018 Survey cycle; and (II) each subsequent Survey cycle; and (ii) the Portfolio Manager database of the Environmental Protection Agency; and (4) <<NOTE: Time period.>> consider whether, and the methods by which, the Administrator may collect and publish new iterations of Survey data every 3 years-- (A) using the Survey processes of the Administrator; or (B) as supplemented by information in the Portfolio Manager database of the Environmental Protection Agency. [[Page 135 STAT. 1062]] (d) Data.--The data referred in subsection (c)(2) includes data that-- (1) is collected through the Portfolio Manager database of the Environmental Protection Agency; (2) is required to be publicly available on the internet under State and local government building energy disclosure laws (including regulations); and (3) includes information on private sector buildings that are not less than 250,000 square feet. (e) Protection of Information.--In carrying out the agreement, the Administrator and the Administrator of the Environmental Protection Agency shall protect information in accordance with-- (1) section 552(b)(4) of title 5, United States Code (commonly known as the ``Freedom of Information Act''); (2) subchapter III of chapter 35 of title 44, United States Code; and (3) any other applicable law (including regulations). Subtitle C--Industrial Energy Efficiency PART I--INDUSTRY SEC. 40521. FUTURE OF INDUSTRY PROGRAM AND INDUSTRIAL RESEARCH AND ASSESSMENT CENTERS. (a) Future of Industry Program.-- (1) In general.--Section 452 of the Energy Independence and Security Act of 2007 (42 U.S.C. 17111) is amended-- (A) by striking the section heading and inserting the following: ``future of industry program''; (B) in subsection (a)(2)-- (i) by redesignating subparagraph (E) as subparagraph (F); and (ii) by inserting after subparagraph (D) the following: ``(E) water and wastewater treatment facilities, including systems that treat municipal, industrial, and agricultural waste; and''; (C) by striking subsection (e); and (D) by redesignating subsection (f) as subsection (e). (2) Conforming amendment.--Section 454(b)(2)(C) of the Energy Independence and Security Act of 2007 (42 U.S.C. 17113(b)(2)(C)) is amended by striking ``energy-intensive industries'' and inserting ``Future of Industry''. (b) Industrial Research and Assessment Centers.--Subtitle D of title IV of the Energy Independence and Security Act of 2007 (42 U.S.C. 17111 et seq.) is amended by adding at the end the following: ``SEC. 457. <<NOTE: 42 USC 17116.>> INDUSTRIAL RESEARCH AND ASSESSMENT CENTERS. ``(a) Definitions.--In this section: ``(1) Covered project.--The term `covered project' means a project-- ``(A) that has been recommended in an energy assessment described in paragraph (2)(A) conducted for an eligible entity; and [[Page 135 STAT. 1063]] ``(B) with respect to which the plant site of that eligible entity-- ``(i) improves-- ``(I) energy efficiency; ``(II) material efficiency; ``(III) cybersecurity; or ``(IV) productivity; or ``(ii) reduces-- ``(I) waste production; ``(II) greenhouse gas emissions; or ``(III) nongreenhouse gas pollution. ``(2) Eligible entity.--The term `eligible entity' means a small- or medium-sized manufacturer that has had an energy assessment completed by-- ``(A) an industrial research and assessment center; ``(B) a Department of Energy Combined Heat and Power Technical Assistance Partnership jointly with an industrial research and assessment center; or ``(C) <<NOTE: Determination.>> a third-party assessor that provides an assessment equivalent to an assessment described in subparagraph (A) or (B), as determined by the Secretary. ``(3) Energy service provider.--The term `energy service provider' means-- ``(A) any business providing technology or services to improve the energy efficiency, water efficiency, power factor, or load management of a manufacturing site or other industrial process in an energy-intensive industry (as defined in section 452(a)); and ``(B) any utility operating under a utility energy service project. ``(4) Industrial research and assessment center.--The term `industrial research and assessment center' means-- ``(A) an institution of higher education-based industrial research and assessment center that is funded by the Secretary under subsection (b); and ``(B) an industrial research and assessment center at a trade school, community college, or union training program that is funded by the Secretary under subsection (f). ``(5) Program.--The term `Program' means the program for implementation grants established under subsection (i)(1). ``(6) Small- or medium-sized manufacturer.--The term `small- or medium-sized manufacturer' means a manufacturing firm-- ``(A) the gross annual sales of which are less than $100,000,000; ``(B) that has fewer than 500 employees at the plant site of the manufacturing firm; and ``(C) the annual energy bills of which total more than $100,000 but less than $3,500,000. ``(b) Institution of Higher Education-based Industrial Research and Assessment Centers.-- ``(1) In general.--The Secretary shall provide funding to institution of higher education-based industrial research and assessment centers. [[Page 135 STAT. 1064]] ``(2) Purpose.--The purpose of each institution of higher education-based industrial research and assessment center shall be-- ``(A) to provide in-depth assessments of small- and medium-sized manufacturer plant sites to evaluate the facilities, services, and manufacturing operations of the plant sites; ``(B) to identify opportunities for optimizing energy efficiency and environmental performance, including implementation of-- ``(i) smart manufacturing; ``(ii) energy management systems; ``(iii) sustainable manufacturing; ``(iv) information technology advancements for supply chain analysis, logistics, system monitoring, industrial and manufacturing processes, and other purposes; and ``(v) waste management systems; ``(C) to promote applications of emerging concepts and technologies in small- and medium-sized manufacturers (including water and wastewater treatment facilities and federally owned manufacturing facilities); ``(D) to promote research and development for the use of alternative energy sources to supply heat, power, and new feedstocks for energy-intensive industries; ``(E) <<NOTE: Coordination.>> to coordinate with appropriate Federal and State research offices; ``(F) to provide a clearinghouse for industrial process and energy efficiency technical assistance resources; and ``(G) <<NOTE: Coordination.>> to coordinate with State-accredited technical training centers and community colleges, while ensuring appropriate services to all regions of the United States. ``(c) Coordination.--To increase the value and capabilities of the industrial research and assessment centers, the centers shall-- ``(1) coordinate with Manufacturing Extension Partnership Centers of the National Institute of Standards and Technology; ``(2) coordinate with the Federal Energy Management Program and the Building Technologies Office of the Department of Energy to provide building assessment services to manufacturers; ``(3) increase partnerships with the National Laboratories of the Department of Energy to leverage the expertise, technologies, and research and development capabilities of the National Laboratories for national industrial and manufacturing needs; ``(4) increase partnerships with energy service providers and technology providers to leverage private sector expertise and accelerate deployment of new and existing technologies and processes for energy efficiency, power factor, and load management; ``(5) identify opportunities for reducing greenhouse gas emissions and other air emissions; and ``(6) promote sustainable manufacturing practices for small- and medium-sized manufacturers. ``(d) Outreach.--The Secretary shall provide funding for-- [[Page 135 STAT. 1065]] ``(1) outreach activities by the industrial research and assessment centers to inform small- and medium-sized manufacturers of the information, technologies, and services available; and ``(2) coordination activities by each industrial research and assessment center to leverage efforts with-- ``(A) Federal, State, and Tribal efforts; ``(B) the efforts of utilities and energy service providers; ``(C) the efforts of regional energy efficiency organizations; and ``(D) the efforts of other industrial research and assessment centers. ``(e) Centers of Excellence.-- ``(1) <<NOTE: Determination.>> Establishment.--The Secretary shall establish a Center of Excellence at not more than 5 of the highest-performing industrial research and assessment centers, as determined by the Secretary. ``(2) Duties.--A Center of Excellence shall coordinate with and advise the industrial research and assessment centers located in the region of the Center of Excellence, including-- ``(A) by mentoring new directors and staff of the industrial research and assessment centers with respect to-- ``(i) the availability of resources; and ``(ii) best practices for carrying out assessments, including through the participation of the staff of the Center of Excellence in assessments carried out by new industrial research and assessment centers; ``(B) by providing training to staff and students at the industrial research and assessment centers on new technologies, practices, and tools to expand the scope and impact of the assessments carried out by the centers; ``(C) by assisting the industrial research and assessment centers with specialized technical opportunities, including by providing a clearinghouse of available expertise and tools to assist the centers and clients of the centers in assessing and implementing those opportunities; ``(D) by identifying and coordinating with regional, State, local, Tribal, and utility energy efficiency programs for the purpose of facilitating efforts by industrial research and assessment centers to connect industrial facilities receiving assessments from those centers with regional, State, local, and utility energy efficiency programs that could aid the industrial facilities in implementing any recommendations resulting from the assessments; ``(E) by facilitating coordination between the industrial research and assessment centers and other Federal programs described in paragraphs (1) through (3) of subsection (c); and ``(F) by coordinating the outreach activities of the industrial research and assessment centers under subsection (d)(1). ``(3) Funding.--For each fiscal year, out of any amounts made available to carry out this section under subsection (j), the Secretary shall use not less than $500,000 to support each Center of Excellence. ``(f) Expansion of Industrial Research and Assessment Centers.-- [[Page 135 STAT. 1066]] ``(1) In general.--The Secretary shall provide funding to establish additional industrial research and assessment centers at trade schools, community colleges, and union training programs. ``(2) Purpose.-- ``(A) In general.--Subject to subparagraph (B), to the maximum extent practicable, an industrial research and assessment center established under paragraph (1) shall have the same purpose as an institution of higher education-based industrial research center that is funded by the Secretary under subsection (b)(1). ``(B) <<NOTE: Evaluation.>> Consideration of capabilities.--In evaluating or establishing the purpose of an industrial research and assessment center established under paragraph (1), the Secretary shall take into consideration the varying capabilities of trade schools, community colleges, and union training programs. ``(g) Workforce Training.-- ``(1) Internships.--The Secretary shall pay the Federal share of associated internship programs under which students work with or for industries, manufacturers, and energy service providers to implement the recommendations of industrial research and assessment centers. ``(2) <<NOTE: Payment.>> Apprenticeships.--The Secretary shall pay the Federal share of associated apprenticeship programs under which-- ``(A) students work with or for industries, manufacturers, and energy service providers to implement the recommendations of industrial research and assessment centers; and ``(B) employees of facilities that have received an assessment from an industrial research and assessment center work with or for an industrial research and assessment center to gain knowledge on engineering practices and processes to improve productivity and energy savings. ``(3) Federal share.--The Federal share of the cost of carrying out internship programs described in paragraph (1) and apprenticeship programs described in paragraph (2) shall be 50 percent. ``(h) Small Business Loans.--The Administrator of the Small Business Administration shall, to the maximum extent practicable, expedite consideration of applications from eligible small business concerns for loans under the Small Business Act (15 U.S.C. 631 et seq.) to implement recommendations developed by the industrial research and assessment centers. ``(i) Implementation Grants.-- ``(1) In general.--The Secretary shall establish a program under which the Secretary shall provide grants to eligible entities to implement covered projects. ``(2) Application.--An eligible entity seeking a grant under the Program shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require, including a demonstration of need for financial assistance to implement the proposed covered project. ``(3) Priority.--In awarding grants under the Program, the Secretary shall give priority to eligible entities that-- [[Page 135 STAT. 1067]] ``(A) have had an energy assessment completed by an industrial research and assessment center; and ``(B) propose to carry out a covered project with a greater potential for-- ``(i) energy efficiency gains; or ``(ii) greenhouse gas emissions reductions. ``(4) Grant amount.-- ``(A) Maximum amount.--The amount of a grant provided to an eligible entity under the Program shall not exceed $300,000. ``(B) Federal share.--A grant awarded under the Program for a covered project shall be in an amount that is not more than 50 percent of the cost of the covered project. ``(C) Supplement.--A grant received by an eligible entity under the Program shall supplement, not supplant, any private or State funds available to the eligible entity to carry out the covered project. ``(j) <<NOTE: Time period.>> Authorization of Appropriations.-- There are authorized to be appropriated to the Secretary for the period of fiscal years 2022 through 2026-- ``(1) $150,000,000 to carry out subsections (a) through (h); and ``(2) $400,000,000 to carry out subsection (i).''. (c) Clerical Amendment.--The table of contents of the Energy Independence and Security Act of 2007 (42 U.S.C. prec. 17001) is amended by adding at the end of the items relating to subtitle D of title IV the following: ``Sec. 457. Industrial research and assessment centers.''. SEC. 40522. SUSTAINABLE MANUFACTURING INITIATIVE. (a) In General.--Part E of title III of the Energy Policy and Conservation Act (42 U.S.C. 6341 et seq.) is amended by adding at the end the following: ``SEC. 376. <<NOTE: 42 USC 6346.>> SUSTAINABLE MANUFACTURING INITIATIVE. ``(a) <<NOTE: Assessments.>> In General.--As part of the Office of Energy Efficiency and Renewable Energy of the Department of Energy, the Secretary, on the request of a manufacturer, shall carry out onsite technical assessments to identify opportunities for-- ``(1) maximizing the energy efficiency of industrial processes and cross-cutting systems; ``(2) preventing pollution and minimizing waste; ``(3) improving efficient use of water in manufacturing processes; ``(4) conserving natural resources; and ``(5) achieving such other goals as the Secretary determines to be appropriate. ``(b) Coordination.--To implement any recommendations resulting from an onsite technical assessment carried out under subsection (a) and to accelerate the adoption of new and existing technologies and processes that improve energy efficiency, the Secretary shall coordinate with-- ``(1) the Advanced Manufacturing Office of the Department of Energy; ``(2) the Building Technologies Office of the Department of Energy; [[Page 135 STAT. 1068]] ``(3) the Federal Energy Management Program of the Department of Energy; and ``(4) the private sector and other appropriate agencies, including the National Institute of Standards and Technology. ``(c) Research and Development Program for Sustainable Manufacturing and Industrial Technologies and Processes.--As part of the industrial efficiency programs of the Department of Energy, the Secretary shall carry out a joint industry-government partnership program to research, develop, and demonstrate new sustainable manufacturing and industrial technologies and processes that maximize the energy efficiency of industrial plants, reduce pollution, and conserve natural resources.''. (b) Clerical Amendment.--The table of contents of the Energy Policy and Conservation Act (42 U.S.C. prec. 6201) is amended by adding at the end of the items relating to part E of title III the following: ``376. Sustainable manufacturing initiative.''. PART II--SMART MANUFACTURING SEC. 40531. <<NOTE: 42 USC 18811.>> DEFINITIONS. In this part: (1) Energy management system.--The term ``energy management system'' means a business management process based on standards of the American National Standards Institute that enables an organization to follow a systematic approach in achieving continual improvement of energy performance, including energy efficiency, security, use, and consumption. (2) Industrial research and assessment center.--The term ``industrial research and assessment center'' means a center located at an institution of higher education, a trade school, a community college, or a union training program that-- (A) receives funding from the Department; (B) provides an in-depth assessment of small- and medium-size manufacturer plant sites to evaluate the facilities, services, and manufacturing operations of the plant site; and (C) identifies opportunities for potential savings for small- and medium-size manufacturer plant sites from energy efficiency improvements, waste minimization, pollution prevention, and productivity improvement. (3) Information and communication technology.--The term ``information and communication technology'' means any electronic system or equipment (including the content contained in the system or equipment) used to create, convert, communicate, or duplicate data or information, including computer hardware, firmware, software, communication protocols, networks, and data interfaces. (4) Institution of higher education.--The term ``institution of higher education'' has the meaning given the term in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)). (5) North american industry classification system.--The term ``North American Industry Classification System'' means the standard used by Federal statistical agencies in classifying business establishments for the purpose of collecting, [[Page 135 STAT. 1069]] analyzing, and publishing statistical data relating to the business economy of the United States. (6) Small and medium manufacturers.--The term ``small and medium manufacturers'' means manufacturing firms-- (A) classified in the North American Industry Classification System as any of sectors 31 through 33; (B) with gross annual sales of less than $100,000,000; (C) with fewer than 500 employees at the plant site; and (D) with annual energy bills totaling more than $100,000 and less than $3,500,000. (7) Smart manufacturing.--The term ``smart manufacturing'' means advanced technologies in information, automation, monitoring, computation, sensing, modeling, artificial intelligence, analytics, and networking that-- (A) digitally-- (i) simulate manufacturing production lines; (ii) operate computer-controlled manufacturing equipment; (iii) monitor and communicate production line status; and (iv) manage and optimize energy productivity and cost throughout production; (B) model, simulate, and optimize the energy efficiency of a factory building; (C) monitor and optimize building energy performance; (D) model, simulate, and optimize the design of energy efficient and sustainable products, including the use of digital prototyping and additive manufacturing to enhance product design; (E) connect manufactured products in networks to monitor and optimize the performance of the networks, including automated network operations; and (F) digitally connect the supply chain network. SEC. 40532. <<NOTE: 42 USC 18812.>> LEVERAGING EXISTING AGENCY PROGRAMS TO ASSIST SMALL AND MEDIUM MANUFACTURERS. The Secretary shall expand the scope of technologies covered by the industrial research and assessment centers of the Department-- (1) to include smart manufacturing technologies and practices; and (2) to equip the directors of the industrial research and assessment centers with the training and tools necessary to provide technical assistance in smart manufacturing technologies and practices, including energy management systems, to manufacturers. SEC. 40533. <<NOTE: 42 USC 18813.>> LEVERAGING SMART MANUFACTURING INFRASTRUCTURE AT NATIONAL LABORATORIES. (a) Study.-- (1) <<NOTE: Deadline.>> In general.--Not later than 180 days after the date of enactment of this Act, the Secretary shall conduct a study on how the Department can increase access to existing high-performance computing resources in the National Laboratories, particularly for small and medium manufacturers. [[Page 135 STAT. 1070]] (2) Inclusions.--In identifying ways to increase access to National Laboratories under paragraph (1), the Secretary shall-- (A) focus on increasing access to the computing facilities of the National Laboratories; and (B) ensure that-- (i) the information from the manufacturer is protected; and (ii) the security of the National Laboratory facility is maintained. (3) Report.--Not later than 1 year after the date of enactment of this Act, the Secretary shall submit to Congress a report describing the results of the study. (b) Actions for Increased Access.--The Secretary shall facilitate access to the National Laboratories studied under subsection (a) for small and medium manufacturers so that small and medium manufacturers can fully use the high-performance computing resources of the National Laboratories to enhance the manufacturing competitiveness of the United States. SEC. 40534. <<NOTE: 42 USC 18814.>> STATE MANUFACTURING LEADERSHIP. (a) Financial Assistance Authorized.--The Secretary may provide financial assistance on a competitive basis to States for the establishment of programs to be used as models for supporting the implementation of smart manufacturing technologies. (b) Applications.-- (1) In general.--To be eligible to receive financial assistance under this section, a State shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. (2) <<NOTE: Evaluation.>> Criteria.--The Secretary shall evaluate an application for financial assistance under this section on the basis of merit using criteria identified by the Secretary, including-- (A) technical merit, innovation, and impact; (B) research approach, workplan, and deliverables; (C) academic and private sector partners; and (D) alternate sources of funding. (c) Requirements.-- (1) <<NOTE: Time period.>> Term.--The term of an award of financial assistance under this section shall not exceed 3 years. (2) Maximum amount.--The amount of an award of financial assistance under this section shall be not more than $2,000,000. (3) Matching requirement.--Each State that receives financial assistance under this section shall contribute matching funds in an amount equal to not less than 30 percent of the amount of the financial assistance. (d) Use of Funds.--A State may use financial assistance provided under this section-- (1) to facilitate access to high-performance computing resources for small and medium manufacturers; and (2) to provide assistance to small and medium manufacturers to implement smart manufacturing technologies and practices. (e) Evaluation.--The Secretary shall conduct semiannual evaluations of each award of financial assistance under this section-- [[Page 135 STAT. 1071]] (1) <<NOTE: Determination.>> to determine the impact and effectiveness of programs funded with the financial assistance; and (2) to provide guidance to States on ways to better execute the program of the State. (f) <<NOTE: Time period.>> Authorization of Appropriations.--There is authorized to be appropriated to the Secretary to carry out this section $50,000,000 for the period of fiscal years 2022 through 2026. SEC. 40535. <<NOTE: 42 USC 18815.>> REPORT. The Secretary annually shall submit to Congress and make publicly available a report on the progress made in advancing smart manufacturing in the United States. Subtitle D--Schools and Nonprofits SEC. 40541. <<NOTE: 42 USC 18831.>> GRANTS FOR ENERGY EFFICIENCY IMPROVEMENTS AND RENEWABLE ENERGY IMPROVEMENTS AT PUBLIC SCHOOL FACILITIES. (a) Definitions.--In this section: (1) Alternative fueled vehicle.--The term ``alternative fueled vehicle'' has the meaning given the term in section 301 of the Energy Policy Act of 1992 (42 U.S.C. 13211). (2) Alternative fueled vehicle infrastructure.--The term ``alternative fueled vehicle infrastructure'' means infrastructure used to charge or fuel an alternative fueled vehicle. (3) Eligible entity.--The term ``eligible entity'' means a consortium of-- (A) 1 local educational agency; and (B) 1 or more-- (i) schools; (ii) nonprofit organizations that have the knowledge and capacity to partner and assist with energy improvements; (iii) for-profit organizations that have the knowledge and capacity to partner and assist with energy improvements; or (iv) community partners that have the knowledge and capacity to partner and assist with energy improvements. (4) Energy improvement.--The term ``energy improvement'' means-- (A) any improvement, repair, or renovation to a school that results in a direct reduction in school energy costs, including improvements to the envelope, air conditioning system, ventilation system, heating system, domestic hot water heating system, compressed air system, distribution system, lighting system, power system, and controls of a building; (B) any improvement, repair, or renovation to, or installation in, a school that-- (i) leads to an improvement in teacher and student health, including indoor air quality; and (ii) achieves energy savings; (C) any improvement, repair, or renovation to a school involving the installation of renewable energy technologies; [[Page 135 STAT. 1072]] (D) the installation of alternative fueled vehicle infrastructure on school grounds for-- (i) exclusive use of school buses, school fleets, or students; or (ii) the general public; and (E) the purchase or lease of alternative fueled vehicles to be used by a school, including school buses, fleet vehicles, and other operational vehicles. (5) High school.--The term ``high school'' has the meaning given the term in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). (6) Local educational agency.--The term ``local educational agency'' has the meaning given the term in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). (7) Nonprofit organization.--The term ``nonprofit organization'' means-- (A) an organization described in section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from tax under section 501(a) of such Code; or (B) a mutual or cooperative electric company described in section 501(c)(12) of such Code. (8) Partnering local educational agency.--The term ``partnering local educational agency'', with respect to an eligible entity, means the local educational agency participating in the consortium of the eligible entity. (b) Grants.--The Secretary shall award competitive grants to eligible entities to make energy improvements in accordance with this section. (c) Applications.-- (1) In general.--An eligible entity desiring a grant under this section shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. (2) Contents.--The application submitted under paragraph (1) shall include each of the following: (A) <<NOTE: Assessment.>> A needs assessment of the current condition of the school and school facilities that would receive the energy improvements if the application were approved. (B) <<NOTE: Plan.>> A draft work plan of the intended achievements of the eligible entity at the school. (C) A description of the energy improvements that the eligible entity would carry out at the school if the application were approved. (D) A description of the capacity of the eligible entity to provide services and comprehensive support to make the energy improvements referred to in subparagraph (C). (E) <<NOTE: Assessment.>> An assessment of the expected needs of the eligible entity for operation and maintenance training funds, and a plan for use of those funds, if applicable. (F) <<NOTE: Assessment.>> An assessment of the expected energy efficiency, energy savings, and safety benefits of the energy improvements. (G) <<NOTE: Cost estimate.>> A cost estimate of the proposed energy improvements. (H) An identification of other resources that are available to carry out the activities for which grant funds are [[Page 135 STAT. 1073]] requested under this section, including the availability of utility programs and public benefit funds. (d) Priority.-- (1) In general.--In awarding grants under this section, the Secretary shall give priority to an eligible entity-- (A) that has renovation, repair, and improvement funding needs; (B)(i) <<NOTE: Determination.>> that, as determined by the Secretary, serves a high percentage of students, including students in a high school in accordance with paragraph (2), who are eligible for a free or reduced price lunch under the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.); or (ii) the partnering local educational agency of which is designated with a school district locale code of 41, 42, or 43, as determined by the National Center for Education Statistics in consultation with the Bureau of the Census; and (C) that leverages private sector investment through energy-related performance contracting. (2) High school students.--In the case of students in a high school, the percentage of students eligible for a free or reduced price lunch described in paragraph (1)(B)(i) shall be calculated using data from the schools that feed into the high school. (e) Competitive Criteria.--The competitive criteria used by the Secretary to award grants under this section shall include the following: (1) The extent of the disparity between the fiscal capacity of the eligible entity to carry out energy improvements at school facilities and the needs of the partnering local educational agency for those energy improvements, including consideration of-- (A) the current and historic ability of the partnering local educational agency to raise funds for construction, renovation, modernization, and major repair projects for schools; (B) the ability of the partnering local educational agency to issue bonds or receive other funds to support the current infrastructure needs of the partnering local educational agency for schools; and (C) the bond rating of the partnering local educational agency. (2) The likelihood that the partnering local educational agency or eligible entity will maintain, in good condition, any school and school facility that is the subject of improvements. (3) The potential energy efficiency and safety benefits from the proposed energy improvements. (f) Use of Grant Amounts.-- (1) In general.--Except as provided in this subsection, an eligible entity receiving a grant under this section shall use the grant amounts only to make the energy improvements described in the application submitted by the eligible entity under subsection (c). (2) Operation and maintenance training.--An eligible entity receiving a grant under this section may use not more [[Page 135 STAT. 1074]] than 5 percent of the grant amounts for operation and maintenance training for energy efficiency and renewable energy improvements, such as maintenance staff and teacher training, education, and preventative maintenance training. (3) Third-party investigation and analysis.--An eligible entity receiving a grant under this section may use a portion of the grant amounts for a third-party investigation and analysis of the energy improvements carried out by the eligible entity, such as energy audits and existing building commissioning. (4) Continuing education.--An eligible entity receiving a grant under this section may use not more than 3 percent of the grant amounts to develop a continuing education curriculum relating to energy improvements. (g) Competition in Contracting.--If an eligible entity receiving a grant under this section uses grant funds to carry out repair or renovation through a contract, the eligible entity shall be required to ensure that the contract process-- (1) through full and open competition, ensures the maximum practicable number of qualified bidders, including small, minority, and women-owned businesses; and (2) gives priority to businesses located in, or resources common to, the State or geographical area in which the repair or renovation under the contract will be carried out. (h) <<NOTE: Publication. Guidelines.>> Best Practices.--The Secretary shall develop and publish guidelines and best practices for activities carried out under this section. (i) Report by Eligible Entity.--An eligible entity receiving a grant under this section shall submit to the Secretary, at such time as the Secretary may require, a report describing-- (1) the use of the grant funds for energy improvements; (2) the estimated cost savings realized by those energy improvements; (3) the results of any third-party investigation and analysis conducted relating to those energy improvements; (4) the use of any utility programs and public benefit funds; and (5) the use of performance tracking for energy improvements, such as-- (A) the Energy Star program established under section 324A of the Energy Policy and Conservation Act (42 U.S.C. 6294a); or (B) the United States Green Building Council Leadership in Energy and Environmental Design (LEED) green building rating system for existing buildings. (j) <<NOTE: Time period.>> Authorization of Appropriations.--There is authorized to be appropriated to the Secretary to carry out this section $500,000,000 for the period of fiscal years 2022 through 2026. SEC. 40542. <<NOTE: Grants. 42 USC 18832.>> ENERGY EFFICIENCY MATERIALS PILOT PROGRAM. (a) Definitions.--In this section: (1) Applicant.--The term ``applicant'' means a nonprofit organization that applies for a grant under this section. (2) Energy-efficiency material.-- (A) In general.--The term ``energy-efficiency material'' means a material (including a product, equipment, or [[Page 135 STAT. 1075]] system) the installation of which results in a reduction in use by a nonprofit organization of energy or fuel. (B) Inclusions.--The term ``energy-efficiency material'' includes-- (i) a roof or lighting system or component of the system; (ii) a window; (iii) a door, including a security door; and (iv) a heating, ventilation, or air conditioning system or component of the system (including insulation and wiring and plumbing improvements needed to serve a more efficient system). (3) Nonprofit building.--The term ``nonprofit building'' means a building operated and owned by an organization that is described in section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from tax under section 501(a) of such Code. (b) <<NOTE: Deadline.>> Establishment.--Not later than 1 year after the date of enactment of this Act, the Secretary shall establish a pilot program to award grants for the purpose of providing nonprofit buildings with energy-efficiency materials. (c) Grants.-- (1) In general.--The Secretary may award grants under the program established under subsection (b). (2) Application.--The Secretary may award a grant under paragraph (1) if an applicant submits to the Secretary an application at such time, in such form, and containing such information as the Secretary may prescribe. (3) <<NOTE: Determination. Applicability.>> Criteria for grant.--In determining whether to award a grant under paragraph (1), the Secretary shall apply performance-based criteria, which shall give priority to applicants based on-- (A) the energy savings achieved; (B) the cost effectiveness of the use of energy- efficiency materials; (C) an effective plan for evaluation, measurement, and verification of energy savings; and (D) the financial need of the applicant. (4) Limitation on individual grant amount.--Each grant awarded under this section shall not exceed $200,000. (d) <<NOTE: Time period.>> Authorization of Appropriations.--There is authorized to be appropriated to the Secretary to carry out this section $50,000,000 for the period of fiscal years 2022 through 2026, to remain available until expended. Subtitle E--Miscellaneous SEC. 40551. <<NOTE: 42 USC 6861 note.>> WEATHERIZATION ASSISTANCE PROGRAM. (a) Authorization of Appropriations.--There is authorized to be appropriated to the Secretary for the weatherization assistance program established under part A of title IV of the Energy Conservation and Production Act (42 U.S.C. 6861 et seq.) $3,500,000,000 for fiscal year 2022, to remain available until expended. (b) Application of Wage Rate Requirements to Weatherization Assistance Program.--With respect to work performed under the weatherization assistance program established under [[Page 135 STAT. 1076]] part A of title IV of the Energy Conservation and Production Act (42 U.S.C. 6861 et seq.) on a project assisted in whole or in part by funding made available under subsection (a), the requirements of section 41101 shall apply only to work performed on multifamily buildings with not fewer than 5 units. SEC. 40552. ENERGY EFFICIENCY AND CONSERVATION BLOCK GRANT PROGRAM. (a) Use of Funds.--Section 544 of the Energy Independence and Security Act of 2007 (42 U.S.C. 17154) is amended-- (1) in paragraph (13)(D), by striking ``and'' after the semicolon; (2) by redesignating paragraph (14) as paragraph (15); and (3) by inserting after paragraph (13) the following: ``(14) programs for financing energy efficiency, renewable energy, and zero-emission transportation (and associated infrastructure), capital investments, projects, and programs, which may include loan programs and performance contracting programs, for leveraging of additional public and private sector funds, and programs that allow rebates, grants, or other incentives for the purchase and installation of energy efficiency, renewable energy, and zero-emission transportation (and associated infrastructure) measures; and''. (b) Authorization of Appropriations.--There is authorized to be appropriated to the Secretary for the Energy Efficiency and Conservation Block Grant Program established under section 542(a) of the Energy Independence and Security Act of 2007 (42 U.S.C. 17152(a)) $550,000,000 for fiscal year 2022, to remain available until expended. SEC. 40553. <<NOTE: 42 USC 18841.>> SURVEY, ANALYSIS, AND REPORT ON EMPLOYMENT AND DEMOGRAPHICS IN THE ENERGY, ENERGY EFFICIENCY, AND MOTOR VEHICLE SECTORS OF THE UNITED STATES. (a) Energy Jobs Council.-- (1) Establishment.--The Secretary shall establish a council, to be known as the ``Energy Jobs Council'' (referred to in this section as the ``Council''). (2) <<NOTE: Appointments.>> Membership.--The Council shall be comprised of-- (A) to be appointed by the Secretary-- (i) 1 or more representatives of the Energy Information Administration; and (ii) 1 or more representatives of a State energy office that are serving as members of the State Energy Advisory Board established by section 365(g) of the Energy Policy and Conservation Act (42 U.S.C. 6325(g)); (B) to be appointed by the Secretary of Commerce-- (i) 1 or more representatives of the Department of Commerce; and (ii) 1 or more representatives of the Bureau of the Census; (C) 1 or more representatives of the Bureau of Labor Statistics, to be appointed by the Secretary of Labor; and (D) 1 or more representatives of any other Federal agency the assistance of which is required to carry out this section, as determined by the Secretary, to be appointed by the head of the applicable agency. [[Page 135 STAT. 1077]] (b) Survey and Analysis.-- (1) In general.--The Council shall-- (A) conduct a survey of employers in the energy, energy efficiency, and motor vehicle sectors of the economy of the United States; and (B) perform an analysis of the employment figures and demographics in those sectors, including the number of personnel in each sector who devote a substantial portion of working hours, as determined by the Secretary, to regulatory compliance matters. (2) Methodology.--In conducting the survey and analysis under paragraph (1), the Council shall employ a methodology that-- (A) was approved in 2016 by the Office of Management and Budget for use in the document entitled ``OMB Control Number 1910-5179''; (B) uses a representative, stratified sampling of businesses in the United States; and (C) is designed to elicit a comparable number of responses from businesses in each State and with the same North American Industry Classification System codes as were received for the 2016 and 2017 reports entitled ``U.S. Energy and Employment Report''. (3) Consultation.--In conducting the survey and analysis under paragraph (1), the Council shall consult with key stakeholders, including-- (A) as the Council determines to be appropriate, the heads of relevant Federal agencies and offices, including-- (i) the Secretary of Commerce; (ii) the Secretary of Transportation; (iii) the Director of the Bureau of the Census; (iv) the Commissioner of the Bureau of Labor Statistics; and (v) the Administrator of the Environmental Protection Agency; (B) States; (C) the State Energy Advisory Board established by section 365(g) of the Energy Policy and Conservation Act (42 U.S.C. 6325(g)); and (D) energy industry trade associations. (c) Report.-- (1) <<NOTE: Public information. Web posting.>> In general.-- Not later than 1 year after the date of enactment of this Act, and annually thereafter, the Secretary shall-- (A) make publicly available on the website of the Department a report, to be entitled the ``U.S. Energy and Employment Report'', describing the employment figures and demographics in the energy, energy efficiency, and motor vehicle sectors of the United States, and the average number of hours devoted to regulatory compliance, based on the survey and analysis conducted under subsection (b); and (B) subject to the requirements of subchapter III of chapter 35 of title 44, United States Code, make the data collected by the Council publicly available on the website of the Department. (2) Contents.-- [[Page 135 STAT. 1078]] (A) In general.--The report under paragraph (1) shall include employment figures and demographic data for-- (i) the energy sector of the economy of the United States, including-- (I) the electric power generation and fuels sector; and (II) the transmission, storage, and distribution sector; (ii) the energy efficiency sector of the economy of the United States; and (iii) the motor vehicle sector of the economy of the United States. (B) Inclusion.--With respect to each sector described in subparagraph (A), the report under paragraph (1) shall include employment figures and demographic data sorted by-- (i) each technology, subtechnology, and fuel type of those sectors; and (ii) subject to the requirements of the Confidential Information Protection and Statistical Efficiency Act of 2002 (44 U.S.C. 3501 note; Public Law 107-347)-- (I) each State; (II) each territory of the United States; (III) the District of Columbia; and (IV) each county (or equivalent jurisdiction) in the United States. SEC. 40554. <<NOTE: Appropriation authorization.>> ASSISTING FEDERAL FACILITIES WITH ENERGY CONSERVATION TECHNOLOGIES GRANT PROGRAM. There is authorized to be appropriated to the Secretary to provide grants authorized under section 546(b) of the National Energy Conservation Policy Act (42 U.S.C. 8256(b)), $250,000,000 for fiscal year 2022, to remain available until expended. SEC. 40555. <<NOTE: Appropriation authorization. Time period.>> REBATES. There are authorized to be appropriated to the Secretary for the period of fiscal years 2022 and 2023-- (1) $10,000,000 for the extended product system rebate program authorized under section 1005 of the Energy Act of 2020 (42 U.S.C. 6311 note; Public Law 116-260); and (2) $10,000,000 for the energy efficient transformer rebate program authorized under section 1006 of the Energy Act of 2020 (42 U.S.C. 6317 note; Public Law 116-260). SEC. 40556. <<NOTE: 42 USC 18842.>> MODEL GUIDANCE FOR COMBINED HEAT AND POWER SYSTEMS AND WASTE HEAT TO POWER SYSTEMS. (a) Definitions.--In this section: (1) Additional services.--The term ``additional services'' means the provision of supplementary power, backup or standby power, maintenance power, or interruptible power to an electric consumer by an electric utility. (2) Waste heat to power system.--The term ``waste heat to power system'' means a system that generates electricity through the recovery of waste energy. (3) Other terms.-- (A) Purpa.--The terms ``electric consumer'', ``electric utility'', ``interconnection service'', ``nonregulated electric utility'', and ``State regulatory authority'' have the [[Page 135 STAT. 1079]] meanings given those terms in the Public Utility Regulatory Policies Act of 1978 (16 U.S.C. 2601 et seq.), within the meaning of title I of that Act (16 U.S.C. 2611 et seq.). (B) Epca.--The terms ``combined heat and power system'' and ``waste energy'' have the meanings given those terms in section 371 of the Energy Policy and Conservation Act (42 U.S.C. 6341). (b) Review.-- (1) <<NOTE: Deadline. Consultation.>> In general.--Not later than 180 days after the date of enactment of this Act, the Secretary, in consultation with the Federal Energy Regulatory Commission and other appropriate entities, shall review existing rules and procedures relating to interconnection service and additional services throughout the United States for electric generation with nameplate capacity up to 150 megawatts connecting at either distribution or transmission voltage levels to identify barriers to the deployment of combined heat and power systems and waste heat to power systems. (2) Inclusion.--The review under this subsection shall include a review of existing rules and procedures relating to-- (A) <<NOTE: Determination.>> determining and assigning costs of interconnection service and additional services; and (B) ensuring adequate cost recovery by an electric utility for interconnection service and additional services. (c) Model Guidance.-- (1) <<NOTE: Deadline. Consultation.>> In general.--Not later than 18 months after the date of enactment of this Act, the Secretary, in consultation with the Federal Energy Regulatory Commission and other appropriate entities, shall issue model guidance for interconnection service and additional services for consideration by State regulatory authorities and nonregulated electric utilities to reduce the barriers identified under subsection (b)(1). (2) Current best practices.--The model guidance issued under this subsection shall reflect, to the maximum extent practicable, current best practices to encourage the deployment of combined heat and power systems and waste heat to power systems while ensuring the safety and reliability of the interconnected units and the distribution and transmission networks to which the units connect, including-- (A) relevant current standards developed by the Institute of Electrical and Electronic Engineers; and (B) model codes and rules adopted by-- (i) States; or (ii) associations of State regulatory agencies. (3) Factors for consideration.--In establishing the model guidance under this subsection, the Secretary shall take into consideration-- (A) the appropriateness of using standards or procedures for interconnection service that vary based on unit size, fuel type, or other relevant characteristics; (B) the appropriateness of establishing fast-track procedures for interconnection service; (C) the value of consistency with Federal interconnection rules established by the Federal Energy Regulatory Commission as of the date of enactment of this Act; [[Page 135 STAT. 1080]] (D) the best practices used to model outage assumptions and contingencies to determine fees or rates for additional services; (E) the appropriate duration, magnitude, or usage of demand charge ratchets; (F) potential alternative arrangements with respect to the procurement of additional services, including-- (i) contracts tailored to individual electric consumers for additional services; (ii) procurement of additional services by an electric utility from a competitive market; and (iii) waivers of fees or rates for additional services for small electric consumers; and (G) outcomes such as increased electric reliability, fuel diversification, enhanced power quality, and reduced electric losses that may result from increased use of combined heat and power systems and waste heat to power systems. TITLE VI--METHANE REDUCTION INFRASTRUCTURE SEC. 40601. ORPHANED WELL SITE PLUGGING, REMEDIATION, AND RESTORATION. Section 349 of the Energy Policy Act of 2005 (42 U.S.C. 15907) is amended to read as follows: ``SEC. 349. ORPHANED WELL SITE PLUGGING, REMEDIATION, AND RESTORATION. ``(a) Definitions.--In this section: ``(1) Federal land.--The term `Federal land' means land administered by a land management agency within-- ``(A) the Department of Agriculture; or ``(B) the Department of the Interior. ``(2) Idled well.--The term `idled well' means a well-- ``(A) that has been nonoperational for not fewer than 4 years; and ``(B) for which there is no anticipated beneficial future use. ``(3) Indian tribe.--The term `Indian Tribe' has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304). ``(4) Operator.--The term `operator', with respect to an oil or gas operation, means any entity, including a lessee or operating rights owner, that has provided to a relevant authority a written statement that the entity is responsible for the oil or gas operation, or any portion of the operation. ``(5) Orphaned well.--The term `orphaned well'-- ``(A) with respect to Federal land or Tribal land, means a well-- ``(i)(I) that is not used for an authorized purpose, such as production, injection, or monitoring; and ``(II)(aa) for which no operator can be located; ``(bb) the operator of which is unable-- ``(AA) to plug the well; and ``(BB) to remediate and reclaim the well site; or [[Page 135 STAT. 1081]] ``(cc) that is within the National Petroleum Reserve-Alaska; and ``(B) with respect to State or private land-- ``(i) has the meaning given the term by the applicable State; or ``(ii) if that State uses different terminology, has the meaning given another term used by the State to describe a well eligible for plugging, remediation, and reclamation by the State. ``(6) Tribal land.--The term `Tribal land' means any land or interest in land owned by an Indian Tribe, the title to which is-- ``(A) held in trust by the United States; or ``(B) subject to a restriction against alienation under Federal law. ``(b) Federal Program.-- ``(1) <<NOTE: Deadline.>> Establishment.--Not later than 60 days after the date of enactment of the Infrastructure Investment and Jobs Act, the Secretary shall establish a program to plug, remediate, and reclaim orphaned wells located on Federal land. ``(2) Included activities.--The program under this subsection shall-- ``(A) include a method of-- ``(i) identifying, characterizing, and inventorying orphaned wells and associated pipelines, facilities, and infrastructure on Federal land; and ``(ii) ranking those orphaned wells for priority in plugging, remediation, and reclamation, based on-- ``(I) public health and safety; ``(II) potential environmental harm; and ``(III) other subsurface impacts or land use priorities; ``(B) distribute funding in accordance with the priorities established under subparagraph (A)(ii) for-- ``(i) plugging orphaned wells; ``(ii) remediating and reclaiming well pads and facilities associated with orphaned wells; ``(iii) remediating soil and restoring native species habitat that has been degraded due to the presence of orphaned wells and associated pipelines, facilities, and infrastructure; and ``(iv) remediating land adjacent to orphaned wells and decommissioning or removing associated pipelines, facilities, and infrastructure; ``(C) <<NOTE: Public information.>> provide a public accounting of the costs of plugging, remediation, and reclamation for each orphaned well; ``(D) <<NOTE: Determination.>> seek to determine the identities of potentially responsible parties associated with the orphaned well (or a surety or guarantor of such a party), to the extent such information can be ascertained, and make efforts to obtain reimbursement for expenditures to the extent practicable; ``(E) measure or estimate and track-- ``(i) emissions of methane and other gases associated with orphaned wells; and ``(ii) contamination of groundwater or surface water associated with orphaned wells; and [[Page 135 STAT. 1082]] ``(F) identify and address any disproportionate burden of adverse human health or environmental effects of orphaned wells on communities of color, low-income communities, and Tribal and indigenous communities. ``(3) Idled wells.--The Secretary, acting through the Director of the Bureau of Land Management, shall-- ``(A) <<NOTE: Review.>> periodically review all idled wells on Federal land; and ``(B) reduce the inventory of idled wells on Federal land. ``(4) Cooperation and consultation.--In carrying out the program under this subsection, the Secretary shall-- ``(A) work cooperatively with-- ``(i) the Secretary of Agriculture; ``(ii) affected Indian Tribes; and ``(iii) each State within which Federal land is located; and ``(B) <<NOTE: Consultation.>> consult with-- ``(i) the Secretary of Energy; and ``(ii) the Interstate Oil and Gas Compact Commission. ``(c) Funding for State Programs.-- ``(1) In general.--The Secretary shall provide to States, in accordance with this subsection-- ``(A) initial grants under paragraph (3); ``(B) formula grants under paragraph (4); and ``(C) performance grants under paragraph (5). ``(2) Activities.-- ``(A) In general.--A State may use funding provided under this subsection for any of the following purposes: ``(i) To plug, remediate, and reclaim orphaned wells located on State-owned or privately owned land. ``(ii) To identify and characterize undocumented orphaned wells on State and private land. ``(iii) To rank orphaned wells based on factors including-- ``(I) public health and safety; ``(II) potential environmental harm; and ``(III) other land use priorities. ``(iv) <<NOTE: Public information. Web posting.>> To make information regarding the use of funds received under this subsection available on a public website. ``(v) To measure and track-- ``(I) emissions of methane and other gases associated with orphaned wells; and ``(II) contamination of groundwater or surface water associated with orphaned wells. ``(vi) To remediate soil and restore native species habitat that has been degraded due to the presence of orphaned wells and associated pipelines, facilities, and infrastructure. ``(vii) To remediate land adjacent to orphaned wells and decommission or remove associated pipelines, facilities, and infrastructure. ``(viii) To identify and address any disproportionate burden of adverse human health or environmental effects of orphaned wells on communities of color, low- [[Page 135 STAT. 1083]] income communities, and Tribal and indigenous communities. ``(ix) Subject to subparagraph (B), to administer a program to carry out any activities described in clauses (i) through (viii). ``(B) Administrative cost limitation.-- ``(i) In general.--Except as provided in clause (ii), a State shall not use more than 10 percent of the funds received under this subsection during a fiscal year for administrative costs under subparagraph (A)(ix). ``(ii) Exception.--The limitation under clause (i) shall not apply to funds used by a State as described in paragraph (3)(A)(ii). ``(3) Initial grants.-- ``(A) In general.--Subject to the availability of appropriations, the Secretary shall distribute-- ``(i) <<NOTE: Deadline.>> not more than $25,000,000 to each State that submits to the Secretary, by not later than 180 days after the date of enactment of the Infrastructure Investment and Jobs Act, a request for funding under this clause, including-- ``(I) <<NOTE: Estimate.>> an estimate of the number of jobs that will be created or saved through the activities proposed to be funded; and ``(II) <<NOTE: Certification.>> a certification that-- ``(aa) the State is a Member State or Associate Member State of the Interstate Oil and Gas Compact Commission; ``(bb) there are 1 or more documented orphaned wells located in the State; and ``(cc) the State will use not less than 90 percent of the funding requested under this subsection to issue new contracts, amend existing contracts, or issue grants for plugging, remediation, and reclamation work by not later than 90 days after the date of receipt of the funds; and ``(ii) not more than $5,000,000 to each State that-- ``(I) requests funding under this clause; ``(II) does not receive a grant under clause (i); and ``(III) <<NOTE: Certification.>> certifies to the Secretary that-- ``(aa) the State-- ``(AA) has in effect a plugging, remediation, and reclamation program for orphaned wells; or ``(BB) the capacity to initiate such a program; or ``(bb) the funds provided under this paragraph will be used to carry out any administrative actions necessary to develop an application for a formula grant under paragraph (4) or a performance grant under paragraph (5). ``(B) <<NOTE: Deadline.>> Distribution.--Subject to the availability of appropriations, the Secretary shall distribute funds to a State under this paragraph by not later than the date [[Page 135 STAT. 1084]] that is 30 days after the date on which the State submits to the Secretary the certification required under clause (i)(II) or (ii)(III) of subparagraph (A), as applicable. ``(C) <<NOTE: Reimbursement.>> Deadline for expenditure.--A State that receives funds under this paragraph shall reimburse the Secretary in an amount equal to the amount of the funds that remain unobligated on the date that is 1 year after the date of receipt of the funds. ``(D) Report.--Not later than 15 months after the date on which a State receives funds under this paragraph, the State shall submit to the Secretary a report that describes the means by which the State used the funds in accordance with the certification submitted by the State under subparagraph (A). ``(4) Formula grants.-- ``(A) Establishment.-- ``(i) In general.--The Secretary shall establish a formula for the distribution to each State described in clause (ii) of funds under this paragraph. ``(ii) <<NOTE: Deadline. Notice.>> Description of states.--A State referred to in clause (i) is a State that, by not later than 45 days after the date of enactment of the Infrastructure Investment and Jobs Act, submits to the Secretary a notice of the intent of the State to submit an application under subparagraph (B), including a description of the factors described in clause (iii) with respect to the State. ``(iii) Factors.--The formula established under clause (i) shall account for, with respect to an applicant State, the following factors: ``(I) <<NOTE: Time period.>> Job losses in the oil and gas industry in the State during the period-- ``(aa) beginning on March 1, 2020; and ``(bb) ending on the date of enactment of the Infrastructure Investment and Jobs Act. ``(II) The number of documented orphaned wells located in the State, and the projected cost-- ``(aa) to plug or reclaim those orphaned wells; ``(bb) to reclaim adjacent land; and ``(cc) to decommission or remove associated pipelines, facilities, and infrastructure. ``(iv) <<NOTE: Deadline. Public information. Web posting.>> Publication.--Not later than 75 days after the date of enactment of the Infrastructure Investment and Jobs Act, the Secretary shall publish on a public website the amount that each State is eligible to receive under the formula under this subparagraph. ``(B) Application.--To be eligible to receive a formula grant under this paragraph, a State shall submit to the Secretary an application that includes-- ``(i) a description of-- ``(I) the State program for orphaned well plugging, remediation, and restoration, including legal authorities, processes used to identify and prioritize orphaned wells, procurement mechanisms, and other program elements demonstrating [[Page 135 STAT. 1085]] the readiness of the State to carry out proposed activities using the grant; ``(II) the activities to be carried out with the grant, including an identification of the estimated health, safety, habitat, and environmental benefits of plugging, remediating, or reclaiming orphaned wells; and ``(III) the means by which the information regarding the activities of the State under this paragraph will be made available on a public website; ``(ii) <<NOTE: Estimates.>> an estimate of-- ``(I) the number of orphaned wells in the State that will be plugged, remediated, or reclaimed; ``(II) the projected cost of-- ``(aa) plugging, remediating, or reclaiming orphaned wells; ``(bb) remediating or reclaiming adjacent land; and ``(cc) decommissioning or removing associated pipelines, facilities, and infrastructure; ``(III) the amount of that projected cost that will be offset by the forfeiture of financial assurance instruments, the estimated salvage of well site equipment, or other proceeds from the orphaned wells and adjacent land; ``(IV) the number of jobs that will be created or saved through the activities to be funded under this paragraph; and ``(V) the amount of funds to be spent on administrative costs; ``(iii) <<NOTE: Certification.>> a certification that any financial assurance instruments available to cover plugging, remediation, or reclamation costs will be used by the State; and ``(iv) the definitions and processes used by the State to formally identify a well as-- ``(I) an orphaned well; or ``(II) if the State uses different terminology, otherwise eligible for plugging, remediation, and reclamation by the State. ``(C) Distribution.--Subject to the availability of appropriations, the Secretary shall distribute funds to a State under this paragraph by not later than the date that is 60 days after the date on which the State submits to the Secretary a completed application under subparagraph (B). ``(D) <<NOTE: Reimbursement.>> Deadline for expenditure.--A State that receives funds under this paragraph shall reimburse the Secretary in an amount equal to the amount of the funds that remain unobligated on the date that is 5 years after the date of receipt of the funds. ``(E) <<NOTE: Determination.>> Consultation.--In making a determination under this paragraph regarding the eligibility of a State to receive a formula grant, the Secretary shall consult with-- ``(i) the Administrator of the Environmental Protection Agency; ``(ii) the Secretary of Energy; and [[Page 135 STAT. 1086]] ``(iii) the Interstate Oil and Gas Compact Commission. ``(5) Performance grants.-- ``(A) Establishment.--The Secretary shall provide to States, in accordance with this paragraph-- ``(i) regulatory improvement grants under subparagraph (E); and ``(ii) matching grants under subparagraph (F). ``(B) Application.--To be eligible to receive a grant under this paragraph, a State shall submit to the Secretary an application including-- ``(i) each element described in an application for a grant under paragraph (4)(B); ``(ii) activities carried out by the State to address orphaned wells located in the State, including-- ``(I) increasing State spending on well plugging, remediation, and reclamation; or ``(II) improving regulation of oil and gas wells; and ``(iii) the means by which the State will use funds provided under this paragraph-- ``(I) to lower unemployment in the State; and ``(II) to improve economic conditions in economically distressed areas of the State. ``(C) <<NOTE: Deadline.>> Distribution.--Subject to the availability of appropriations, the Secretary shall distribute funds to a State under this paragraph by not later than the date that is 60 days after the date on which the State submits to the Secretary a completed application under subparagraph (B). ``(D) <<NOTE: Determination.>> Consultation.--In making a determination under this paragraph regarding the eligibility of a State to receive a grant under subparagraph (E) or (F), the Secretary shall consult with-- ``(i) the Administrator of the Environmental Protection Agency; ``(ii) the Secretary of Energy; and ``(iii) the Interstate Oil and Gas Compact Commission. ``(E) Regulatory improvement grants.-- ``(i) <<NOTE: Time periods. Criteria.>> In general.--Beginning on the date that is 180 days after the date on which an initial grant is provided to a State under paragraph (3), the Secretary shall, subject to the availability of appropriations, provide to the State a regulatory improvement grant under this subparagraph, if the State meets, during the 10-year period ending on the date on which the State submits to the Secretary an application under subparagraph (B), 1 of the following criteria: ``(I) The State has strengthened plugging standards and procedures designed to ensure that wells located in the State are plugged in an effective manner that protects groundwater and other natural resources, public health and safety, and the environment. ``(II) The State has made improvements to State programs designed to reduce future [[Page 135 STAT. 1087]] orphaned well burdens, such as financial assurance reform, alternative funding mechanisms for orphaned well programs, and reforms to programs relating to well transfer or temporary abandonment. ``(ii) Limitations.-- ``(I) Number.--The Secretary may issue to a State under this subparagraph not more than 1 grant for each criterion described in subclause (I) or (II) of clause (i). ``(II) Maximum amount.--The amount of a single grant provided to a State under this subparagraph shall be not more than $20,000,000. ``(iii) Reimbursement for failure to maintain protections.-- <<NOTE: Time period.>> A State that receives a grant under this subparagraph shall reimburse the Secretary in an amount equal to the amount of the grant in any case in which, during the 10-year period beginning on the date of receipt of the grant, the State enacts a law or regulation that, if in effect on the date of submission of the application under subparagraph (B), would have prevented the State from being eligible to receive the grant under clause (i). ``(F) Matching grants.-- ``(i) <<NOTE: Time period.>> In general.-- Beginning on the date that is 180 days after the date on which an initial grant is provided to a State under paragraph (3), the Secretary shall, subject to the availability of appropriations, provide to the State funding, in an amount equal to the difference between-- ``(I) <<NOTE: Time period.>> the average annual amount expended by the State during the period of fiscal years 2010 through 2019-- ``(aa) to plug, remediate, and reclaim orphaned wells; and ``(bb) to decommission or remove associated pipelines, facilities, or infrastructure; and ``(II) the amount that the State certifies to the Secretary the State will expend, during the fiscal year in which the State will receive the grant under this subparagraph-- ``(aa) to plug, remediate, and reclaim orphaned wells; ``(bb) to remediate or reclaim adjacent land; and ``(cc) to decommission or remove associated pipelines, facilities, and infrastructure. ``(ii) Limitations.-- ``(I) Fiscal year.--The Secretary may issue to a State under this subparagraph not more than 1 grant for each fiscal year. ``(II) Total funds provided.--The Secretary may provide to a State under this subparagraph a total amount equal to not more than $30,000,000 during the period of fiscal years 2022 through 2031. [[Page 135 STAT. 1088]] ``(d) Tribal <<NOTE: Grants.>> Orphaned Well Site Plugging, Remediation, and Restoration.-- ``(1) Establishment.--The Secretary shall establish a program under which the Secretary shall-- ``(A) provide to Indian Tribes grants in accordance with this subsection; or ``(B) on request of an Indian Tribe and in lieu of a grant under subparagraph (A), administer and carry out plugging, remediation, and reclamation activities in accordance with paragraph (7). ``(2) Eligible activities.-- ``(A) In general.--An Indian Tribe may use a grant received under this subsection-- ``(i) to plug, remediate, or reclaim an orphaned well on Tribal land; ``(ii) to remediate soil and restore native species habitat that has been degraded due to the presence of an orphaned well or associated pipelines, facilities, or infrastructure on Tribal land; ``(iii) to remediate Tribal land adjacent to orphaned wells and decommission or remove associated pipelines, facilities, and infrastructure; ``(iv) <<NOTE: Public information. Web posting.>> to provide an online public accounting of the cost of plugging, remediation, and reclamation for each orphaned well site on Tribal land; ``(v) to identify and characterize undocumented orphaned wells on Tribal land; and ``(vi) to develop or administer a Tribal program to carry out any activities described in clauses (i) through (v). ``(B) Administrative cost limitation.-- ``(i) In general.--Except as provided in clause (ii), an Indian Tribe shall not use more than 10 percent of the funds received under this subsection during a fiscal year for administrative costs under subparagraph (A)(vi). ``(ii) Exception.--The limitation under clause (i) shall not apply to any funds used to carry out an administrative action necessary for the development of a Tribal program described in subparagraph (A)(vi). ``(3) Factors for consideration.--In determining whether to provide to an Indian Tribe a grant under this subsection, the Secretary shall take into consideration-- ``(A) the unemployment rate of the Indian Tribe on the date on which the Indian Tribe submits an application under paragraph (4); and ``(B) the estimated number of orphaned wells on the Tribal land of the Indian Tribe. ``(4) Application.--To be eligible to receive a grant under this subsection, an Indian Tribe shall submit to the Secretary an application that includes-- ``(A) a description of-- ``(i) the Tribal program for orphaned well plugging, remediation, and restoration, including legal authorities, processes used to identify and prioritize orphaned wells, procurement mechanisms, and other program elements demonstrating the readiness of the Indian [[Page 135 STAT. 1089]] Tribe to carry out the proposed activities, or plans to develop such a program; and ``(ii) the activities to be carried out with the grant, including an identification of the estimated health, safety, habitat, and environmental benefits of plugging, remediating, or reclaiming orphaned wells and remediating or reclaiming adjacent land; and ``(B) <<NOTE: Estimates.>> an estimate of-- ``(i) the number of orphaned wells that will be plugged, remediated, or reclaimed; and ``(ii) the projected cost of-- ``(I) plugging, remediating, or reclaiming orphaned wells; ``(II) remediating or reclaiming adjacent land; and ``(III) decommissioning or removing associated pipelines, facilities, and infrastructure. ``(5) <<NOTE: Deadline.>> Distribution.--Subject to the availability of appropriations, the Secretary shall distribute funds to an Indian Tribe under this subsection by not later than the date that is 60 days after the date on which the Indian Tribe submits to the Secretary a completed application under paragraph (4). ``(6) Deadline for expenditure.--An Indian Tribe that receives funds under this subsection shall reimburse the Secretary in an amount equal to the amount of the funds that remain unobligated on the date that is 5 years after the date of receipt of the funds, except for cases in which the Secretary has granted the Indian Tribe an extended deadline for completion of the eligible activities after consultation. ``(7) Delegation to secretary in lieu of a grant.-- ``(A) In general.--In lieu of a grant under this subsection, an Indian Tribe may submit to the Secretary a request for the Secretary to administer and carry out plugging, remediation, and reclamation activities relating to an orphaned well on behalf of the Indian Tribe. ``(B) Administration.--Subject to the availability of appropriations under subsection (h)(1)(E), on submission of a request under subparagraph (A), the Secretary shall administer or carry out plugging, remediation, and reclamation activities for an orphaned well on Tribal land. ``(e) Technical Assistance.--The Secretary of Energy, in cooperation with the Secretary and the Interstate Oil and Gas Compact Commission, shall provide technical assistance to the Federal land management agencies and oil and gas producing States and Indian Tribes to support practical and economical remedies for environmental problems caused by orphaned wells on Federal land, Tribal land, and State and private land, including the sharing of best practices in the management of oil and gas well inventories to ensure the availability of funds to plug, remediate, and restore oil and gas well sites on cessation of operation. ``(f) Report to Congress.--Not later than 1 year after the date of enactment of the Infrastructure Investment and Jobs Act, and not less frequently than annually thereafter, the Secretary shall submit to the Committees on Appropriations and Energy and Natural Resources of the Senate and the Committees on Appropriations and Natural Resources of the House of Representatives [[Page 135 STAT. 1090]] a report describing the program established and grants awarded under this section, including-- ``(1) <<NOTE: Inventory.>> an updated inventory of wells located on Federal land, Tribal land, and State and private land that are-- ``(A) orphaned wells; or ``(B) at risk of becoming orphaned wells; ``(2) an estimate of the quantities of-- ``(A) methane and other gasses emitted from orphaned wells; and ``(B) emissions reduced as a result of plugging, remediating, and reclaiming orphaned wells; ``(3) the number of jobs created and saved through the plugging, remediation, and reclamation of orphaned wells; and ``(4) the acreage of habitat restored using grants awarded to plug, remediate, and reclaim orphaned wells and to remediate or reclaim adjacent land, together with a description of the purposes for which that land is likely to be used in the future. ``(g) Effect of Section.-- ``(1) No expansion of liability.--Nothing in this section establishes or expands the responsibility or liability of any entity with respect to-- ``(A) plugging any well; or ``(B) remediating or reclaiming any well site. ``(2) Tribal land.--Nothing in this section-- ``(A) relieves the Secretary of any obligation under section 3 of the Act of May 11, 1938 (25 U.S.C. 396c; 52 Stat. 348, chapter 198), to plug, remediate, or reclaim an orphaned well located on Tribal land; or ``(B) absolves the United States from a responsibility to plug, remediate, or reclaim an orphaned well located on Tribal land or any other responsibility to an Indian Tribe, including any responsibility that derives from-- ``(i) the trust relationship between the United States and Indian Tribes; ``(ii) any treaty, law, or Executive order; or ``(iii) any agreement between the United States and an Indian Tribe. ``(3) Owner or operator not absolved.--Nothing in this section absolves the owner or operator of an oil or gas well of any potential liability for-- ``(A) reimbursement of any plugging or reclamation costs associated with the well; or ``(B) any adverse effect of the well on the environment. ``(h) Authorization of Appropriations.--There are authorized to be appropriated for fiscal year 2022, to remain available until September 30, 2030: ``(1) to the Secretary-- ``(A) $250,000,000 to carry out the program under subsection (b); ``(B) $775,000,000 to provide grants under subsection (c)(3); ``(C) $2,000,000,000 to provide grants under subsection (c)(4); ``(D) $1,500,000,000 to provide grants under subsection (c)(5); and [[Page 135 STAT. 1091]] ``(E) $150,000,000 to carry out the program under subsection (d); ``(2) to the Secretary of Energy, $30,000,000 to conduct research and development activities in cooperation with the Interstate Oil and Gas Compact Commission to assist the Federal land management agencies, States, and Indian Tribes in-- ``(A) identifying and characterizing undocumented orphaned wells; and ``(B) mitigating the environmental risks of undocumented orphaned wells; and ``(3) to the Interstate Oil and Gas Compact Commission, $2,000,000 to carry out this section.''. TITLE VII--ABANDONED MINE LAND RECLAMATION SEC. 40701. <<NOTE: Grants. 30 USC 1231a.>> ABANDONED MINE RECLAMATION FUND AUTHORIZATION OF APPROPRIATIONS. (a) In General.--There is authorized to be appropriated, for deposit into the Abandoned Mine Reclamation Fund established by section 401(a) of the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1231(a)) $11,293,000,000 for fiscal year 2022, to remain available until expended. (b) Use of Funds.-- (1) In general.--Subject to subsection (g), amounts made available under subsection (a) shall be used to provide, as expeditiously as practicable, to States and Indian Tribes described in paragraph (2) annual grants for abandoned mine land and water reclamation projects under the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1201 et seq.). (2) Eligible grant recipients.--Grants may be made under paragraph (1) to-- (A) States and Indian Tribes that have a State or Tribal program approved under section 405 of the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1235); (B) States and Indian Tribes that are certified under section 411(a) of that Act (30 U.S.C. 1240a(a)); and (C) States and Indian Tribes that are referred to in section 402(g)(8)(B) of that Act (30 U.S.C. 1232(g)(8)(B)). (3) Contract aggregation.--In applying for grants under paragraph (1), States and Indian Tribes may aggregate bids into larger statewide or regional contracts. (c) Covered Activities.--Grants under subsection (b)(1) shall only be used for activities described in subsections (a) and (b) of section 403 and section 410 of the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1233, 1240). (d) Allocation.-- (1) In general.--Subject to subsection (e), the Secretary of the Interior shall allocate and distribute amounts made available for grants under subsection (b)(1) to States and Indian Tribes on an equal annual basis over a 15-year period beginning on the date of enactment of this Act, based on the number of tons of coal historically produced in the States or from the applicable Indian land before August 3, 1977, regardless of whether the State or Indian Tribe is certified under section [[Page 135 STAT. 1092]] 411(a) of the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1240a(a)). (2) Surface mining control and reclamation act exception.-- Section 401(f)(3)(B) of the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1231(f)(3)(B)) shall not apply to grant funds distributed under subsection (b)(1). (3) Report to congress on allocations.-- (A) In general.--Not later than 6 years after the date on which the first allocation to States and Indian Tribes is made under paragraph (1), the Secretary of the Interior shall submit to Congress a report that describes any progress made under this section in addressing outstanding reclamation needs under subsection (a) or (b) of section 403 or section 410 of the Surface Mining Control and Reclamation and Act of 1977 (30 U.S.C. 1233, 1240). (B) Input.--The Secretary of the Interior shall-- (i) prior to submitting the report under subparagraph (A), solicit the input of the States and Indian Tribes regarding the progress referred to in that subparagraph; and (ii) include in the report submitted to Congress under that subparagraph a description of any input received under clause (i). (4) Redistribution of funds.-- (A) <<NOTE: Deadline.>> Evaluation.--Not later than 20 years after the date of enactment of this Act, the Secretary of the Interior shall evaluate grant payments to States and Indian Tribes made under this section. (B) Unused funds.--On completion of the evaluation under subparagraph (A), States and Indian Tribes shall return any unused funds under this section to the Abandoned Mine Reclamation Fund. (e) Total Amount of Grant.--The total amount of grant funding provided under subsection (b)(1) to an eligible State or Indian Tribe shall be not less than $20,000,000, to the extent that the amount needed for reclamation projects described in that subsection on the land of the State or Indian Tribe is not less than $20,000,000. (f) Priority.--In addition to the priorities described in section 403(a) of the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1233(a)), in providing grants under this section, priority may also be given to reclamation projects described in subsection (b)(1) that provide employment for current and former employees of the coal industry. (g) Reservation.--Of the funds made available under subsection (a), $25,000,000 shall be made available to the Secretary of the Interior to provide States and Indian Tribes with the financial and technical assistance necessary for the purpose of making amendments to the inventory maintained under section 403(c) of the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1233(c)). SEC. 40702. ABANDONED MINE RECLAMATION FEE. (a) Amount.--Section 402(a) of the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1232(a)) is amended-- (1) by striking ``28 cents'' and inserting ``22.4 cents''; (2) by striking ``12 cents'' and inserting ``9.6 cents''; and [[Page 135 STAT. 1093]] (3) by striking ``8 cents'' and inserting ``6.4 cents''. (b) Duration.--Section 402(b) of the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1232(b)) is amended by striking ``September 30, 2021'' and inserting ``September 30, 2034''. SEC. 40703. AMOUNTS DISTRIBUTED FROM ABANDONED MINE RECLAMATION FUND. Section 401(f)(2) of the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1231(f)(2)) is amended-- (1) in subparagraph (A)-- (A) in the subparagraph heading, by striking ``2022'' and inserting ``2035''; and (B) in the matter preceding clause (i), by striking ``2022'' and inserting ``2035''; and (2) in subparagraph (B)-- (A) in the subparagraph heading, by striking ``2023'' and inserting ``2036''; (B) by striking ``2023'' and inserting ``2036''; and (C) by striking ``2022'' and inserting ``2035''. SEC. 40704. <<NOTE: Inventory. Assessment. Grants. 30 USC 1245.>> ABANDONED HARDROCK MINE RECLAMATION. (a) Establishment.--Not later than 90 days after the date of enactment of this Act, the Secretary of the Interior (referred to in this section as the ``Secretary'') shall establish a program to inventory, assess, decommission, reclaim, respond to hazardous substance releases on, and remediate abandoned hardrock mine land based on conditions including need, public health and safety, potential environmental harm, and other land use priorities. (b) Award of Grants.--Subject to the availability of funds, the Secretary shall provide grants on a competitive or formula basis to States and Indian Tribes that have jurisdiction over abandoned hardrock mine land to reclaim that land. (c) Eligibility.--Amounts made available under this section may only be used for Federal, State, Tribal, local, and private land that has been affected by past hardrock mining activities, and water resources that traverse or are contiguous to such land, including any of the following: (1) Land and water resources that were-- (A) used for, or affected by, hardrock mining activities; and (B) abandoned or left in an inadequate reclamation status before the date of enactment of this Act. (2) <<NOTE: Determination.>> Land for which the Secretary makes a determination that there is no continuing reclamation responsibility of a claim holder, liable party, operator, or other person that abandoned the site prior to completion of required reclamation under Federal or State law. (d) Eligible Activities.-- (1) In general.--Amounts made available to carry out this section shall be used to inventory, assess, decommission, reclaim, respond to hazardous substance releases on, and remediate abandoned hardrock mine land based on the priorities described in subsection (a). (2) Exclusion.--Amounts made available to carry out this section may not be used to fulfill obligations under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.) agreed to in [[Page 135 STAT. 1094]] a legal settlement or imposed by a court, whether for payment of funds or for work to be performed. (e) Authorization of Appropriations.-- (1) In general.--There is authorized to be appropriated to carry out this section $3,000,000,000, to remain available until expended, of which-- (A) 50 percent shall be for grants to States and Indian Tribes under subsection (b) for eligible activities described in subsection (d)(1); and (B) 50 percent shall be for available to the Secretary for eligible activities described in subsection (d)(1) on Federal land. (2) Transfer.--The Secretary may transfer amounts made available to the Secretary under paragraph (1)(B) to the Secretary of Agriculture for activities described in subsection (a) on National Forest System land. TITLE VIII--NATURAL RESOURCES-RELATED INFRASTRUCTURE, WILDFIRE MANAGEMENT, AND ECOSYSTEM RESTORATION SEC. 40801. FOREST SERVICE LEGACY ROAD AND TRAIL REMEDIATION PROGRAM. (a) Establishment.--Public Law 88-657 (16 U.S.C. 532 et seq.) (commonly known as the ``Forest Roads and Trails Act'') is amended by adding at the end the following: ``SEC. 8. <<NOTE: 16 USC 538a.>> FOREST SERVICE LEGACY ROAD AND TRAIL REMEDIATION PROGRAM. ``(a) Establishment.--The Secretary shall establish the Forest Service Legacy Road and Trail Remediation Program (referred to in this section as the `Program'). ``(b) Activities.--In carrying out the Program, the Secretary shall, taking into account foreseeable changes in weather and hydrology-- ``(1) restore passages for fish and other aquatic species by-- ``(A) improving, repairing, or replacing culverts and other infrastructure; and ``(B) removing barriers, as the Secretary determines appropriate, from the passages; ``(2) decommission unauthorized user-created roads and trails that are not a National Forest System road or a National Forest System trail, if the applicable unit of the National Forest System has published-- ``(A) a Motor Vehicle Use Map and the road is not identified as a National Forest System road on that Motor Vehicle Use Map; or ``(B) a map depicting the authorized trails in the applicable unit of the National Forest System and the trail is not identified as a National Forest System trail on that map; [[Page 135 STAT. 1095]] ``(3) prepare previously closed National Forest System roads for long-term storage, in accordance with subsections (c)(1) and (d), in a manner that-- ``(A) prevents motor vehicle use, as appropriate to conform to route designations; ``(B) prevents the roads from damaging adjacent resources, including aquatic and wildlife resources; ``(C) reduces or eliminates the need for road maintenance; and ``(D) preserves the roads for future use; ``(4) decommission previously closed National Forest System roads and trails in accordance with subsections (c)(1) and (d); ``(5) relocate National Forest System roads and trails-- ``(A) to increase resilience to extreme weather events, flooding, and other natural disasters; and ``(B) to respond to changing resource conditions and public input; ``(6) convert National Forest System roads to National Forest System trails, while allowing for continued use for motorized and nonmotorized recreation, to the extent the use is compatible with the management status of the road or trail; ``(7) decommission temporary roads-- ``(A) that were constructed before the date of enactment of this section-- ``(i) for emergency operations; or ``(ii) to facilitate a resource extraction project; ``(B) that were designated as a temporary road by the Secretary; and ``(C)(i) in violation of section 10(b) of the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1608(b)), on which vegetation cover has not been reestablished; or ``(ii) that have not been fully decommissioned; and ``(8) carry out projects on National Forest System roads, trails, and bridges to improve resilience to extreme weather events, flooding, or other natural disasters. ``(c) Project Selection.-- ``(1) Project eligibility.-- ``(A) In general.--The Secretary may only fund under the Program a project described in paragraph (3) or (4) of subsection (b) if the Secretary previously and separately-- ``(i) solicited public comment for changing the management status of the applicable National Forest System road or trail-- ``(I) to close the road or trail to access; and ``(II) to minimize impacts to natural resources; and ``(ii) has closed the road or trail to access as described in clause (i)(I). ``(B) Requirement.--Each project carried out under the Program shall be on a National Forest System road or trail, except with respect to-- ``(i) a project described in subsection (b)(2); or ``(ii) <<NOTE: Contracts.>> a project carried out on a watershed for which the Secretary has entered into a cooperative agreement under section 323 of the Department of the Interior [[Page 135 STAT. 1096]] and Related Agencies Appropriations Act, 1999 (16 U.S.C. 1011a). ``(2) Annual selection of projects for funding.--The Secretary shall-- ``(A) establish a process for annually selecting projects for funding under the Program, consistent with the requirements of this section; ``(B) solicit and consider public input regionally in the ranking of projects for funding under the Program; ``(C) give priority for funding under the Program to projects that would-- ``(i) protect or improve water quality in public drinking water source areas; ``(ii) restore the habitat of a threatened, endangered, or sensitive fish or wildlife species; or ``(iii) maintain future access to the adjacent area for the public, contractors, permittees, or firefighters; and ``(D) <<NOTE: Web posting.>> publish on the website of the Forest Service-- ``(i) the selection process established under subparagraph (A); and ``(ii) <<NOTE: List.>> a list that includes a description and the proposed outcome of each project funded under the Program in each fiscal year. ``(d) Implementation.--In implementing the Program, the Secretary shall ensure that-- ``(1) the system of roads and trails on the applicable unit of the National Forest System-- ``(A) is adequate to meet any increasing demands for timber, recreation, and other uses; ``(B) provides for intensive use, protection, development, and management of the land under principles of multiple use and sustained yield of products and services; ``(C) does not damage, degrade, or impair adjacent resources, including aquatic and wildlife resources, to the extent practicable; ``(D) reflects long-term funding expectations; and ``(E) is adequate for supporting emergency operations, such as evacuation routes during wildfires, floods, and other natural disasters; and ``(2) all projects funded under the Program are consistent with any applicable forest plan or travel management plan. ``(e) Savings Clause.--A decision to fund a project under the Program shall not affect any determination made previously or to be made in the future by the Secretary with regard to road or trail closures.''. (b) <<NOTE: Time period.>> Authorization of Appropriations.--There is authorized to be appropriated to the Secretary of Agriculture to carry out section 8 of Public Law 88-657 (commonly known as the ``Forest Roads and Trails Act'') $250,000,000 for the period of fiscal years 2022 through 2026. SEC. 40802. STUDY AND REPORT ON FEASIBILITY OF REVEGETATING RECLAIMED MINE SITES. (a) In General.--Not later than 1 year after the date of enactment of this Act, the Secretary of the Interior, acting through the Director of the Office of Surface Mining Reclamation and [[Page 135 STAT. 1097]] Enforcement, shall conduct, and submit to Congress a report describing the results of, a study on the feasibility of revegetating reclaimed mined sites. (b) Inclusions.--The report submitted under subsection (a) shall include-- (1) <<NOTE: Recommenda- tions.>> recommendations for how a program could be implemented through the Office of Surface Mining Reclamation and Enforcement to revegetate reclaimed mined sites; (2) identifications of reclaimed mine sites that would be suitable for inclusion in such a program, including sites on land that-- (A) is subject to title IV of the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1231 et seq.); and (B) is not subject to that title; (3) a description of any barriers to implementation of such a program, including whether the program would potentially interfere with the authorities contained in, or the implementation of, the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1201 et seq.), including the Abandoned Mine Reclamation Fund created by section 401 of that Act (30 U.S.C. 1231) and State reclamation programs under section 405 of that Act (30 U.S.C. 1235); and (4) a description of the potential for job creation and workforce needs if such a program was implemented. SEC. 40803. <<NOTE: 16 USC 6592.>> WILDFIRE RISK REDUCTION. (a) <<NOTE: Time period.>> Authorization of Appropriations.--There is authorized to be appropriated to the Secretary of the Interior and the Secretary of Agriculture, acting through the Chief of the Forest Service, for the activities described in subsection (c), $3,369,200,000 for the period of fiscal years 2022 through 2026. (b) <<NOTE: Deadline.>> Treatment.--Of the Federal land or Indian forest land or rangeland that has been identified as having a very high wildfire hazard potential, the Secretary of the Interior and the Secretary of Agriculture, acting through the Chief of the Forest Service, shall, by not later than September 30, 2027, conduct restoration treatments and improve the Fire Regime Condition Class of 10,000,000 acres that are located in-- (1) the wildland-urban interface; or (2) a public drinking water source area. (c) Activities.--Of the amounts made available under subsection (a) for the period of fiscal years 2022 through 2026-- (1) $20,000,000 shall be made available for entering into an agreement with the Administrator of the National Oceanic and Atmospheric Administration to establish and operate a program that makes use of the Geostationary Operational Environmental Satellite Program to rapidly detect and report wildfire starts in all areas in which the Secretary of the Interior or the Secretary of Agriculture has financial responsibility for wildland fire protection and prevention, of which-- (A) $10,000,000 shall be made available to the Secretary of the Interior; and (B) $10,000,000 shall be made available to the Secretary of Agriculture; [[Page 135 STAT. 1098]] (2) $600,000,000 shall be made available for the salaries and expenses of Federal wildland firefighters in accordance with subsection (d), of which-- (A) $120,000,000 shall be made available to the Secretary of the Interior; and (B) $480,000,000 shall be made available to the Secretary of Agriculture; (3) $10,000,000 shall be made available to the Secretary of the Interior to acquire technology and infrastructure for each Type I and Type II incident management team to maintain interoperability with respect to the radio frequencies used by any responding agency; (4) $30,000,000 shall be made available to the Secretary of Agriculture to provide financial assistance to States, Indian Tribes, and units of local government to establish and operate Reverse-911 telecommunication systems; (5) $50,000,000 shall be made available to the Secretary of the Interior to establish and implement a pilot program to provide to local governments financial assistance for the acquisition of slip-on tanker units to establish fleets of vehicles that can be quickly converted to be operated as fire engines; (6) <<NOTE: Publication. Deadline. Time period.>> $1,200,000 shall be made available to the Secretary of Agriculture, in coordination with the Secretary of the Interior, to develop and publish, not later than 180 days after the date of enactment of this Act, and every 5 years thereafter, a map depicting at-risk communities (as defined in section 101 of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6511)), including Tribal at- risk communities; (7) $100,000,000 shall be made available to the Secretary of the Interior and the Secretary of Agriculture-- (A) for-- (i) preplanning fire response workshops that develop-- (I) potential operational delineations; and (II) select potential control locations; and (ii) workforce training for staff, non-Federal firefighters, and Native village fire crews for-- (I) wildland firefighting; and (II) increasing the pace and scale of vegetation treatments, including training on how to prepare and implement large landscape treatments; and (B) of which-- (i) $50,000,000 shall be made available to the Secretary of the Interior; and (ii) $50,000,000 shall be made available to the Secretary of Agriculture; (8) <<NOTE: Contracts. Data.>> $20,000,000 shall be made available to the Secretary of Agriculture to enter into an agreement with a Southwest Ecological Restoration Institute established under the Southwest Forest Health and Wildfire Prevention Act of 2004 (16 U.S.C. 6701 et seq.)-- (A) to compile and display existing data, including geographic data, for hazardous fuel reduction or wildfire prevention treatments undertaken by the Secretary of the Interior or the Secretary of Agriculture, including treatments undertaken with funding provided under this title; [[Page 135 STAT. 1099]] (B) to compile and display existing data, including geographic data, for large wildfires, as defined by the National Wildfire Coordinating Group, that occur in the United States; (C) <<NOTE: Coordination.>> to facilitate coordination and use of existing and future interagency fuel treatment data, including geographic data, for the purposes of-- (i) <<NOTE: Assessment.>> assessing and planning cross-boundary fuel treatments; and (ii) monitoring the effects of treatments on wildfire outcomes and ecosystem restoration services, using the data compiled under subparagraphs (A) and (B); (D) <<NOTE: Reports. Time period.>> to publish a report every 5 years showing the extent to which treatments described in subparagraph (A) and previous wildfires affect the boundaries of wildfires, categorized by-- (i) Federal land management agency; (ii) region of the United States; and (iii) treatment type; and (E) to carry out other related activities of a Southwest Ecological Restoration Institute, as authorized by the Southwest Forest Health and Wildfire Prevention Act of 2004 (16 U.S.C. 6701 et seq.); (9) $20,000,000 shall be available for activities conducted under the Joint Fire Science Program, of which-- (A) $10,000,000 shall be made available to the Secretary of the Interior; and (B) $10,000,000 shall be made available to the Secretary of Agriculture; (10) $100,000,000 shall be made available to the Secretary of Agriculture for collaboration and collaboration-based activities, including facilitation, certification of collaboratives, and planning and implementing projects under the Collaborative Forest Landscape Restoration Program established under section 4003 of the Omnibus Public Land Management Act of 2009 (16 U.S.C. 7303) in accordance with subsection (e); (11) $500,000,000 shall be made available to the Secretary of the Interior and the Secretary of Agriculture-- (A) for-- (i) conducting mechanical thinning and timber harvesting in an ecologically appropriate manner that maximizes the retention of large trees, as appropriate for the forest type, to the extent that the trees promote fire-resilient stands; or (ii) precommercial thinning in young growth stands for wildlife habitat benefits to provide subsistence resources; and (B) of which-- (i) $100,000,000 shall be made available to the Secretary of the Interior; and (ii) $400,000,000 shall be made available to the Secretary of Agriculture; (12) <<NOTE: Grants.>> $500,000,000 shall be made available to the Secretary of Agriculture, in cooperation with States, to award community wildfire defense grants to at-risk communities in accordance with subsection (f); [[Page 135 STAT. 1100]] (13) $500,000,000 shall be made available for planning and conducting prescribed fires and related activities, of which-- (A) $250,000,000 shall be made available to the Secretary of the Interior; and (B) $250,000,000 shall be made available to the Secretary of Agriculture; (14) $500,000,000 shall be made available for developing or improving potential control locations, in accordance with paragraph (7)(A)(i)(II), including installing fuelbreaks (including fuelbreaks studied under subsection (i)), with a focus on shaded fuelbreaks when ecologically appropriate, of which-- (A) $250,000,000 shall be made available to the Secretary of the Interior; and (B) $250,000,000 shall be made available to the Secretary of Agriculture; (15) <<NOTE: Contracts.>> $200,000,000 shall be made available for contracting or employing crews of laborers to modify and remove flammable vegetation on Federal land and for using materials from treatments, to the extent practicable, to produce biochar and other innovative wood products, including through the use of existing locally based organizations that engage young adults, Native youth, and veterans in service projects, such as youth and conservation corps, of which-- (A) $100,000,000 shall be made available to the Secretary of the Interior; and (B) $100,000,000 shall be made available to the Secretary of Agriculture; (16) <<NOTE: Deadline.>> $200,000,000 shall be made available for post-fire restoration activities that are implemented not later than 3 years after the date that a wildland fire is contained, of which-- (A) $100,000,000 shall be made available to the Secretary of the Interior; and (B) $100,000,000 shall be made available to the Secretary of Agriculture; (17) $8,000,000 shall be made available to the Secretary of Agriculture-- (A) to provide feedstock to firewood banks; and (B) to provide financial assistance for the operation of firewood banks; and (18) <<NOTE: Contracts.>> $10,000,000 shall be available to the Secretary of the Interior and the Secretary of Agriculture for the procurement and placement of wildfire detection and real-time monitoring equipment, such as sensors, cameras, and other relevant equipment, in areas at risk of wildfire or post- burned areas. (d) Wildland Firefighters.-- (1) <<NOTE: Deadline. Coordination.>> In general.--Subject to the availability of appropriations, not later than 180 days after the date of enactment of this Act, the Secretary of the Interior and the Secretary of Agriculture shall, using the amounts made available under subsection (c)(2), coordinate with the Director of the Office of Personnel Management to develop a distinct ``wildland firefighter'' occupational series. (2) Hazardous duty differential not affected.--Section 5545(d)(1) of title 5, United States Code, is amended by striking ``except'' and all that follows through ``and'' at the end and inserting the following: ``except-- [[Page 135 STAT. 1101]] ``(A) <<NOTE: Determination.>> an employee in an occupational series covering positions for which the primary duties involve the prevention, control, suppression, or management of wildland fires, as determined by the Office; and ``(B) <<NOTE: Regulations.>> in such other circumstances as the Office may by regulation prescribe; and''. (3) Current employees.--Any individual employed as a wildland firefighter on the date on which the occupational series established under paragraph (1) takes effect may elect-- (A) to remain in the occupational series in which the individual is employed; or (B) to be included in the ``wildland firefighter'' occupational series established under that paragraph. (4) <<NOTE: Effective date.>> Permanent employees; increase in salary.--Using the amounts made available under subsection (c)(2), beginning October 1, 2021, the Secretary of the Interior and the Secretary of Agriculture shall-- (A) seek to convert not fewer than 1,000 seasonal wildland firefighters to wildland firefighters that-- (i) are full-time, permanent, year-round Federal employees; and (ii) reduce hazardous fuels on Federal land not fewer than 800 hours per year; and (B) <<NOTE: Coordination. Determination.>> increase the base salary of a Federal wildland firefighter by the lesser of an amount that is commensurate with an increase of $20,000 per year or an amount equal to 50 percent of the base salary, if the Secretary concerned, in coordination with the Director of the Office of Personnel Management, makes a written determination that the position of the Federal wildland firefighter is located within a specified geographic area in which it is difficult to recruit or retain a Federal wildland firefighter. (5) <<NOTE: Deadline.>> National wildfire coordinating group.--Using the amounts made available under subsection (c)(2), not later than October 1, 2022, the Secretary of the Interior and the Secretary of Agriculture shall-- (A) <<NOTE: Recommenda- tions.>> develop and adhere to recommendations for mitigation strategies for wildland firefighters to minimize exposure due to line- of-duty environmental hazards; and (B) establish programs for permanent, temporary, seasonal, and year-round wildland firefighters to recognize and address mental health needs, including post-traumatic stress disorder care. (e) Collaborative Forest Landscape Restoration Program.-- Subject <<NOTE: Deadline.>> to the availability of appropriations, not later than 180 days after the date of enactment of this Act, the Secretary of Agriculture shall, using the amounts made available under subsection (c)(10)-- (1) solicit new project proposals under the Collaborative Forest Landscape Restoration Program established under section 4003 of the Omnibus Public Land Management Act of 2009 (16 U.S.C. 7303) (referred to in this subsection as the ``Program''); (2) <<NOTE: Time period.>> provide up to 5 years of additional funding of any proposal originally selected for funding under the Program prior to September 30, 2018-- [[Page 135 STAT. 1102]] (A) that has been approved for an extension of funding by the Secretary of Agriculture prior to the date of enactment of this Act; or (B) that has been recommended for an extension of funding by the advisory panel established under section 4003(e) of the Omnibus Public Land Management Act of 2009 (16 U.S.C. 7303(e)) prior to the date of enactment of this Act that the Secretary of Agriculture subsequently approves; and (3) select project proposals for funding under the Program in a manner that-- (A) gives priority to a project proposal that will treat acres that-- (i) have been identified as having very high wildfire hazard potential; and (ii) are located in-- (I) the wildland-urban interface; or (II) a public drinking water source area; (B) takes into consideration-- (i) the cost per acre of Federal land or Indian forest land or rangeland acres described in subparagraph (A) to be treated; and (ii) the number of acres described in subparagraph (A) to be treated; (C) gives priority to a project proposal that is proposed by a collaborative that has successfully accomplished treatments consistent with a written plan that included a proposed schedule of completing those treatments, which is not limited to an earlier proposal funded under the Program; and (D) <<NOTE: Time period.>> discontinues funding for a project that fails to achieve the results included in a project proposal submitted under paragraph (1) for more than 2 consecutive years. (f) Community Wildfire Defense Grant Program.-- (1) <<NOTE: Deadline.>> Establishment.--Subject to the availability of appropriations, not later than 180 days after the date of enactment of this Act, the Secretary of Agriculture shall, using amounts made available under subsection (c)(12), establish a program, which shall be separate from the program established under section 203 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5133), under which the Secretary of Agriculture, in cooperation with the States, shall award grants to at-risk communities, including Indian Tribes-- (A) to develop or revise a community wildfire protection plan; and (B) <<NOTE: Time period.>> to carry out projects described in a community wildfire protection plan that is not more than 10 years old. (2) Priority.--In awarding grants under the program described in paragraph (1), the Secretary of Agriculture shall give priority to an at-risk community that is-- (A) in an area identified by the Secretary of Agriculture as having high or very high wildfire hazard potential; (B) a low-income community; or (C) a community impacted by a severe disaster. (3) Community wildfire defense grants.-- (A) Grant amounts.--A grant-- [[Page 135 STAT. 1103]] (i) awarded under paragraph (1)(A) shall be for not more than $250,000; and (ii) awarded under paragraph (1)(B) shall be for not more than $10,000,000. (B) Cost sharing requirement.-- (i) In general.--Except as provided in clause (ii), the non-Federal cost (including the administrative cost) of carrying out a project using funds from a grant awarded under the program described in paragraph (1) shall be-- (I) not less than 10 percent for a grant awarded under paragraph (1)(A); and (II) not less than 25 percent for a grant awarded under paragraph (1)(B). (ii) Waiver.--The Secretary of Agriculture may waive the cost-sharing requirement under clause (i) for a project that serves an underserved community. (C) Eligibility.--The Secretary of Agriculture shall not award a grant under paragraph (1) to an at-risk community that is located in a county or community that-- (i) is located in the continental United States; and (ii) has not adopted an ordinance or regulation that requires the construction of new roofs on buildings to adhere to standards that are similar to, or more stringent than-- (I) the roof construction standards established by the National Fire Protection Association; or (II) an applicable model building code established by the International Code Council. (g) Priorities.--In carrying out projects using amounts made available under this section, the Secretary of the Interior or the Secretary of Agriculture, acting through the Chief of the Forest Service, as applicable, shall prioritize funding for projects-- (1) for which any applicable processes under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) have been completed on the date of enactment of this Act; (2) that reduce the likelihood of experiencing uncharacteristically severe effects from a potential wildfire by focusing on areas strategically important for reducing the risks associated with wildfires; (3) that maximize the retention of large trees, as appropriate for the forest type, to the extent that the trees promote fire-resilient stands; (4) that do not include the establishment of permanent roads; (5) for which funding would be committed to decommission all temporary roads constructed to carry out the project; and (6) <<NOTE: Determination.>> that fully maintain or contribute toward the restoration of the structure and composition of old growth stands consistent with the characteristics of that forest type, taking into account the contribution of the old growth stand to landscape fire adaption and watershed health, unless the old growth stand is part of a science-based ecological restoration project authorized by the Secretary concerned that meets applicable protection and old growth enhancement objectives, as determined by the Secretary concerned. [[Page 135 STAT. 1104]] (h) Reports.-- The Secretary of the Interior and the Secretary of Agriculture, acting through the Chief of the Forest Service, shall complete and submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives an annual report describing the number of acres of land on which projects carried out using funds made available under this section improved the Fire Regime Condition Class of the land described in subsection (b). (i) Wildfire Prevention Study.-- (1) <<NOTE: Deadline.>> In general.--Not later than 180 days after the date of enactment of this Act, the Secretary of Agriculture shall initiate a study of the construction and maintenance of a system of strategically placed fuelbreaks to control wildfires in western States. (2) Review.--The study under paragraph (1) shall review-- (A) a full suite of manual, chemical, and mechanical treatments; and (B) the effectiveness of the system described in that paragraph in reducing wildfire risk and protecting communities. (3) <<NOTE: Deadline.>> Determination.--Not later than 90 days after the date of completion of the study under paragraph (1), the Secretary of Agriculture shall determine whether to initiate the preparation of a programmatic environmental impact statement implementing the system described in that paragraph in appropriate locations. (j) Monitoring, Maintenance, and Treatment Plan and Strategy.-- (1) <<NOTE: Deadlines. Time period.>> In general.--Not later than 120 days after the date of enactment of this Act, the Secretary of Agriculture and the Secretary of the Interior shall establish a 5-year monitoring, maintenance, and treatment plan that-- (A) describes activities under subsection (c) that the Secretary of Agriculture and the Secretary of the Interior will take to reduce the risk of wildfire by conducting restoration treatments and improving the Fire Regime Condition Class of 10,000,000 acres of Federal land or Tribal Forest land or rangeland that is identified as having very high wildfire hazard potential, not including annual treatments otherwise scheduled; (B) establishes a process for prioritizing treatments in areas and communities at the highest risk of catastrophic wildfires; (C) includes an innovative plan and process-- (i) to leverage public-private partnerships and resources, shared stewardship agreements, good neighbor agreements, and similar contracting authorities; (ii) to prioritize projects for which any applicable processes under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) have been completed as of the date of enactment of this Act; (iii) to streamline subsequent projects based on existing statutory or regulatory authorities; and (iv) to develop interagency teams to increase coordination and efficiency under the National [[Page 135 STAT. 1105]] Environmental Policy Act of 1969 (42 U.S.C. 4321); and (D) establishes a process for coordinating prioritization and treatment with State and local entities and affected stakeholders. (2) <<NOTE: Coordination. Publication.>> Strategy.--Not later than 5 years after the date of enactment of this Act, the Secretary of Agriculture and the Secretary of the Interior, in coordination with State and local governments, shall publish a long-term, outcome-based monitoring, maintenance, and treatment strategy-- (A) to maintain forest health improvements and wildfire risk reduction accomplished under this section; (B) <<NOTE: Time period.>> to continue treatment at levels necessary to address the 20,000,000 acres needing priority treatment over the 10-year period beginning on the date of publication of the strategy; and (C) to proactively conduct treatment at a level necessary to minimize the risk of wildfire to surrounding at-risk communities. (k) Authorized Hazardous Fuels Projects.--A project carried out using funding authorized under paragraphs (11)(A)(i), (13), or (14) of subsection (c) shall be considered an authorized hazardous fuel reduction project pursuant to section 102 of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6512). SEC. 40804. <<NOTE: 16 USC 6592a.>> ECOSYSTEM RESTORATION. (a) <<NOTE: Time period.>> Authorization of Appropriations.--There is authorized to be appropriated to the Secretary of the Interior and the Secretary of Agriculture, acting through the Chief of the Forest Service, for the activities described in subsection (b), $2,130,000,000 for the period of fiscal years 2022 through 2026. (b) Activities.--Of the amounts made available under subsection (a) for the period of fiscal years 2022 through 2026-- (1) $300,000,000 shall be made available, in accordance with subsection (c), to the Secretary of the Interior and the Secretary of Agriculture-- (A) for-- (i) <<NOTE: Contracts.>> entering into contracts, including stewardship contracts or agreements, the purpose of each of which shall be to restore ecological health on not fewer than 10,000 acres of Federal land, including Indian forest land or rangeland, and for salaries and expenses associated with preparing and executing those contracts; and (ii) establishing a Working Capital Fund that may be accessed by the Secretary of the Interior or the Secretary of Agriculture to fund requirements of contracts described in clause (i), including cancellation and termination costs, consistent with section 604(h) of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6591c(h)), and periodic payments over the span of the contract period; and (B) of which-- (i) $50,000,000 shall be made available to the Secretary of the Interior to enter into contracts described in subparagraph (A)(i); [[Page 135 STAT. 1106]] (ii) $150,000,000 shall be made available to the Secretary of Agriculture to enter into contracts described in subparagraph (A)(i); and (iii) $100,000,000 shall be made available until expended to the Secretary of the Interior, notwithstanding any other provision of this Act, to establish the Working Capital Fund described in subparagraph (A)(ii); (2) $200,000,000 shall be made available to provide to States and Indian Tribes for implementing restoration projects on Federal land pursuant to good neighbor agreements entered into under section 8206 of the Agricultural Act of 2014 (16 U.S.C. 2113a) or agreements entered into under section 2(b) of the Tribal Forest Protection Act of 2004 (25 U.S.C. 3115a(b)), of which-- (A) $40,000,000 shall be made available to the Secretary of the Interior; and (B) $160,000,000 shall be made available to the Secretary of Agriculture; (3) $400,000,000 shall be made available to the Secretary of Agriculture to provide financial assistance to facilities that purchase and process byproducts from ecosystem restoration projects in accordance with subsection (d); (4) <<NOTE: Grants.>> $400,000,000 shall be made available to the Secretary of the Interior to provide grants to States, territories of the United States, and Indian Tribes for implementing voluntary ecosystem restoration projects on private or public land, in consultation with the Secretary of Agriculture, that-- (A) prioritizes funding cross-boundary projects; and (B) requires matching funding from the State, territory of the United States, or Indian Tribe to be eligible to receive the funding; (5) <<NOTE: Grants.>> $50,000,000 shall be made available to the Secretary of Agriculture to award grants to States and Indian Tribes to establish rental programs for portable skidder bridges, bridge mats, or other temporary water crossing structures, to minimize stream bed disturbance on non-Federal land and Federal land; (6) $200,000,000 shall be made available for invasive species detection, prevention, and eradication, including conducting research and providing resources to facilitate detection of invasive species at points of entry and awarding grants for eradication of invasive species on non-Federal land and on Federal land, of which-- (A) $100,000,000 shall be made available to the Secretary of the Interior; and (B) $100,000,000 shall be made available to the Secretary of Agriculture; (7) $100,000,000 shall be made available to restore, prepare, or adapt recreation sites on Federal land, including Indian forest land or rangeland, in accordance with subsection (e); (8) $200,000,000 shall be made available to restore native vegetation and mitigate environmental hazards on mined land on Federal and non-Federal land, of which-- (A) $100,000,000 shall be made available to the Secretary of the Interior; and (B) $100,000,000 shall be made available to the Secretary of Agriculture; [[Page 135 STAT. 1107]] (9) $200,000,000 shall be made available to establish and implement a national revegetation effort on Federal and non- Federal land, including to implement the National Seed Strategy for Rehabilitation and Restoration, of which-- (A) $70,000,000 shall be made available to the Secretary of the Interior; and (B) $130,000,000 shall be made available to the Secretary of Agriculture; and (10) <<NOTE: Coordination. Water.>> $80,000,000 shall be made available to the Secretary of Agriculture, in coordination with the Secretary of the Interior, to establish a collaborative-based, landscape-scale restoration program to restore water quality or fish passage on Federal land, including Indian forest land or rangeland, in accordance with subsection (f). (c) Ecological Health Restoration Contracts.-- (1) <<NOTE: Deadline.>> Submission of list of projects to congress.--Until the date on which all of the amounts made available to carry out subsection (b)(1)(A)(i) are expended, not later than 90 days before the end of each fiscal year, the Secretary of the Interior and the Secretary of Agriculture shall submit to the Committee on Energy and Natural Resources and the Committee on Appropriations of the Senate and the Committee on Natural Resources and the Committee on Appropriations of the House of Representatives a list of projects to be funded under that subsection in the subsequent fiscal year, including-- (A) a detailed description of each project; and (B) <<NOTE: Cost estimate.>> an estimate of the cost, including salaries and expenses, for the project. (2) Alternate allocation.--Appropriations Acts may provide for alternate allocation of amounts made available under subsection (b)(1), consistent with the allocations under subparagraph (B) of that subsection. (3) <<NOTE: President.>> Lack of alternate allocations.--If Congress has not enacted legislation establishing alternate allocations described in paragraph (2) by the date on which the Act making full-year appropriations for the Department of the Interior, Environment, and Related Agencies for the applicable fiscal year is enacted into law, amounts made available under subsection (b)(1)(B) shall be allocated by the President. (d) <<NOTE: Coordination.>> Wood Products Infrastructure.--The Secretary of Agriculture, in coordination with the Secretary of the Interior, shall-- (1) develop a ranking system that categorizes units of Federal land, including Indian forest land or rangeland, with regard to treating areas at risk of unnaturally severe wildfire or insect or disease infestation, as being-- (A) very low priority for ecological restoration involving vegetation removal; (B) low priority for ecological restoration involving vegetation removal; (C) medium priority for ecological restoration involving vegetation removal; (D) high priority for ecological restoration involving vegetation removal; or (E) very high priority for ecological restoration involving vegetation removal; [[Page 135 STAT. 1108]] (2) <<NOTE: Determination.>> determine, for a unit identified under paragraph (1) as being high or very high priority for ecological restoration involving vegetation removal, if-- (A) a sawmill or other wood-processing facility exists in close proximity to, or a forest worker is seeking to conduct restoration treatment work on or in close proximity to, the unit; and (B) the presence of a sawmill or other wood- processing facility would substantially decrease or does substantially decrease the cost of conducting ecological restoration projects involving vegetation removal; (3) <<NOTE: Determination.>> in accordance with any conditions the Secretary of Agriculture determines to be necessary, using the amounts made available under subsection (b)(3), provide financial assistance, including a low-interest loan or a loan guarantee, to an entity seeking to establish, reopen, retrofit, expand, or improve a sawmill or other wood- processing facility in close proximity to a unit of Federal land that has been identified under paragraph (1) as high or very high priority for ecological restoration, if the presence of a sawmill or other wood-processing facility would substantially decrease or does substantially decrease the cost of conducting ecological restoration projects involving vegetation removal on the unit of Federal land, including Indian forest land or rangeland, as determined under paragraph (2)(B); and (4) to the extent practicable, when allocating funding to units of Federal land for ecological restoration projects involving vegetation removal, give priority to a unit of Federal land that-- (A) has been identified under paragraph (1) as being high or very high priority for ecological restoration involving vegetation removal; and (B) has a sawmill or other wood-processing facility-- (i) that, as determined under paragraph (2)-- (I) exists in close proximity to the unit; and (II) does substantially decrease the cost of conducting ecological restoration projects involving vegetation removal on the unit; or (ii) that has received financial assistance under paragraph (3). (e) Recreation Sites.-- (1) Site restoration and improvements.--Of the amounts made available under subsection (b)(7), $45,000,000 shall be made available to the Secretary of the Interior and $35,000,000 shall be made available the Secretary of Agriculture to restore, prepare, or adapt recreation sites on Federal land, including Indian forest land or rangeland, that have experienced or may likely experience visitation and use beyond the carrying capacity of the sites. (2) Public use recreation cabins.-- (A) In general.--Of the amounts made available under subsection (b)(7), $20,000,000 shall be made available to the Secretary of Agriculture for-- (i) the operation, repair, reconstruction, and construction of public use recreation cabins on National Forest System land; and [[Page 135 STAT. 1109]] (ii) to the extent necessary, the repair or reconstruction of historic buildings that are to be outleased under section 306121 of title 54, United States Code. (B) Inclusion.--Of the amount described in subparagraph (A), $5,000,000 shall be made available to the Secretary of Agriculture for associated salaries and expenses in carrying out that subparagraph. (C) <<NOTE: Contracts.>> Agreements.--The Secretary of Agriculture may enter into a lease or cooperative agreement with a State, Indian Tribe, local government, or private entity-- (i) to carry out the activities described in subparagraph (A); or (ii) to manage the renting of a cabin or building described in subparagraph (A) to the public. (3) Exclusion.--A project shall not be eligible for funding under this subsection if-- (A) funding for the project would be used for deferred maintenance, as defined by Federal Accounting Standards Advisory Board; and (B) the Secretary of the Interior or the Secretary of Agriculture has identified the project for funding from the National Parks and Public Land Legacy Restoration Fund established by section 200402(a) of title 54, United States Code. (f) Collaborative-based, Aquatic-focused, Landscape-scale Restoration Program.--Subject <<NOTE: Deadline. Coordination. Time periods.>> to the availability of appropriations, not later than 180 days after the date of enactment of this Act, the Secretary of Agriculture shall, in coordination with the Secretary of the Interior and using the amounts made available under subsection (b)(10)-- (1) solicit collaboratively developed proposals that-- (A) are for 5-year projects to restore fish passage or water quality on Federal land and non-Federal land to the extent allowed under section 323(a) of the Department of the Interior and Related Agencies Appropriations Act, 1999 (16 U.S.C. 1011a(a)), including Indian forest land or rangeland; (B) contain proposed accomplishments and proposed non-Federal funding; and (C) request not more than $5,000,000 in funding made available under subsection (b)(10); (2) select project proposals for funding in a manner that-- (A) gives priority to a project proposal that would result in the most miles of streams being restored for the lowest amount of Federal funding; and (B) discontinues funding for a project that fails to achieve the results included in a proposal submitted under paragraph (1) for more than 2 consecutive years; and (3) <<NOTE: Publication. List.>> publish a list of-- (A) all of the priority watersheds on National Forest System land; (B) the condition of each priority watershed on the date of enactment of this Act; and (C) the condition of each priority watershed on the date that is 5 years after the date of enactment of this Act. [[Page 135 STAT. 1110]] SEC. 40805. GAO STUDY. (a) Study.--Not later than 6 years after the date of enactment of this Act, the Comptroller General of the United States shall-- (1) conduct a study on the implementation of this title and the amendments made by this title, including whether this title and the amendments made by this title have-- (A) effectively reduced wildfire risk, including the extent to which the wildfire hazard on Federal land has changed; and (B) restored ecosystems on Federal and non-Federal land; and (2) submit to Congress a report that describes the results of the study under paragraph (1). (b) Authorization of Appropriations.--There is authorized to be appropriated to the Comptroller General of the Unites States for the activities described in subsection (a) $800,000. SEC. 40806. <<NOTE: 16 USC 6592b.>> ESTABLISHMENT OF FUEL BREAKS IN FORESTS AND OTHER WILDLAND VEGETATION. (a) Definition of Secretary Concerned.--In this section, the term ``Secretary concerned'' means-- (1) the Secretary of Agriculture, with respect to National Forest System land; and (2) the Secretary of the Interior, with respect to public lands (as defined in section 103 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1702)) administered by the Bureau of Land Management. (b) <<NOTE: Records. Memorandum.>> Categorical Exclusion Established.--Forest management activities described in subsection (c) are a category of actions designated as being categorically excluded from the preparation of an environmental assessment or an environmental impact statement under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) if the categorical exclusion is documented through a supporting record and decision memorandum. (c) Forest Management Activities Designated for Categorical Exclusion.-- (1) In general.--The category of forest management activities designated under subsection (b) for a categorical exclusion are forest management activities described in paragraph (2) that are carried out by the Secretary concerned on public lands (as defined in section 103 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1702)) administered by the Bureau of Land Management or National Forest System land the primary purpose of which is to establish and maintain linear fuel breaks that are-- (A) up to 1,000 feet in width contiguous with or incorporating existing linear features, such as roads, water infrastructure, transmission and distribution lines, and pipelines of any length on Federal land; and (B) intended to reduce the risk of uncharacteristic wildfire on Federal land or catastrophic wildfire for an adjacent at-risk community. (2) Activities.--Subject to paragraph (3), the forest management activities that may be carried out pursuant to the categorical exclusion established under subsection (b) are-- (A) mowing or masticating; (B) thinning by manual and mechanical cutting; [[Page 135 STAT. 1111]] (C) piling, yarding, and removal of slash or hazardous fuels; (D) selling of vegetation products, including timber, firewood, biomass, slash, and fenceposts; (E) targeted grazing; (F) application of-- (i) pesticide; (ii) biopesticide; or (iii) herbicide; (G) seeding of native species; (H) controlled burns and broadcast burning; and (I) burning of piles, including jackpot piles. (3) Excluded activities.--A forest management activity described in paragraph (2) may not be carried out pursuant to the categorical exclusion established under subsection (b) if the activity is conducted-- (A) in a component of the National Wilderness Preservation System; (B) on Federal land on which the removal of vegetation is prohibited or restricted by Act of Congress, Presidential proclamation (including the applicable implementation plan), or regulation; (C) in a wilderness study area; or (D) in an area in which carrying out the activity would be inconsistent with the applicable land management plan or resource management plan. (4) <<NOTE: Applicability. Determination.>> Extraordinary circumstances.--The Secretary concerned shall apply the extraordinary circumstances procedures under section 220.6 of title 36, Code of Federal Regulations (or a successor regulation), in determining whether to use a categorical exclusion under subsection (b). (d) Acreage and Location Limitations.--Treatments of vegetation in linear fuel breaks covered by the categorical exclusion established under subsection (b)-- (1) may not contain treatment units in excess of 3,000 acres; (2) shall be located primarily in-- (A) the wildland-urban interface or a public drinking water source area; (B) if located outside the wildland-urban interface or a public drinking water source area, an area within Condition Class 2 or 3 in Fire Regime Group I, II, or III that contains very high wildfire hazard potential; or (C) an insect or disease area designated by the Secretary concerned as of the date of enactment of this Act; and (3) shall consider the best available scientific information. (e) Roads.-- (1) Permanent roads.--A project under this section shall not include the establishment of permanent roads. (2) Existing roads.--The Secretary concerned may carry out necessary maintenance and repairs on existing permanent roads for the purposes of this section. (3) <<NOTE: Deadline.>> Temporary roads.--The Secretary concerned shall decommission any temporary road constructed under a project under this section not later than 3 years after the date on which the project is completed. [[Page 135 STAT. 1112]] (f) Public Collaboration.--To encourage meaningful public participation during the preparation of a project under this section, the Secretary concerned shall facilitate, during the preparation of each project-- (1) collaboration among State and local governments and Indian Tribes; and (2) participation of interested persons. SEC. 40807. <<NOTE: 16 USC 6592c.>> EMERGENCY ACTIONS. (a) Definitions.--In this section: (1) Authorized emergency action.--The term ``authorized emergency action'' means an action carried out pursuant to an emergency situation determination issued under this section to mitigate the harm to life, property, or important natural or cultural resources on National Forest System land or adjacent land. (2) Emergency situation.--The term ``emergency situation'' means a situation on National Forest System land for which immediate implementation of 1 or more authorized emergency actions is necessary to achieve 1 or more of the following results: (A) Relief from hazards threatening human health and safety. (B) Mitigation of threats to natural resources on National Forest System land or adjacent land. (3) Emergency situation determination.--The term ``emergency situation determination'' means a determination made by the Secretary under subsection (b)(1)(A). (4) Land and resource management plan.--The term ``land and resource management plan'' means a plan developed under section 6 of the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1604). (5) National forest system land.--The term ``National Forest System land'' means land of the National Forest System (as defined in section 11(a) of the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1609(a))). (6) Secretary.--The term ``Secretary'' means the Secretary of Agriculture. (b) Authorized Emergency Actions to Respond to Emergency Situations.-- (1) Determination.-- (A) In general.--The Secretary may make a determination that an emergency situation exists with respect to National Forest System land. (B) Review.--An emergency situation determination shall not be subject to objection under the predecisional administrative review processes under part 218 of title 36, Code of Federal Regulations (or successor regulations). (C) Basis of determination.--An emergency situation determination shall be based on an examination of the relevant information. (2) Authorized emergency actions.--After making an emergency situation determination with respect to National Forest System land, the Secretary may carry out authorized emergency actions on that National Forest System land in order to achieve reliefs from hazards threatening human health and safety or mitigation of threats to natural resources on [[Page 135 STAT. 1113]] National Forest System land or adjacent land, including through-- (A) the salvage of dead or dying trees; (B) the harvest of trees damaged by wind or ice; (C) the commercial and noncommercial sanitation harvest of trees to control insects or disease, including trees already infested with insects or disease; (D) the reforestation or replanting of fire-impacted areas through planting, control of competing vegetation, or other activities that enhance natural regeneration and restore forest species; (E) the removal of hazardous trees in close proximity to roads and trails; (F) the removal of hazardous fuels; (G) the restoration of water sources or infrastructure; (H) the reconstruction of existing utility lines; and (I) the replacement of underground cables. (3) Relation to land and resource management plans.--Any authorized emergency action carried out under paragraph (2) on National Forest System land shall be conducted consistent with the applicable land and resource management plan. (c) Environmental Analysis.-- (1) Environmental assessment or environmental impact statement.--If <<NOTE: Determination. Study.>> the Secretary determines that an authorized emergency action requires an environmental assessment or an environmental impact statement pursuant to section 102(2) of the National Environmental Policy Act of 1969 (42 U.S.C. 4332(2)), the Secretary shall study, develop, and describe-- (A) the proposed agency action, taking into account the probable environmental consequences of the authorized emergency action and mitigating foreseeable adverse environmental effects, to the extent practicable; and (B) the alternative of no action. (2) Public notice.--The Secretary shall provide notice of each authorized emergency action that the Secretary determines requires an environmental assessment or environmental impact statement under paragraph (1), in accordance with applicable regulations and administrative guidelines. (3) Public comment.--The Secretary shall provide an opportunity for public comment during the preparation of any environmental assessment or environmental impact statement under paragraph (1). (4) Savings clause.--Nothing in this subsection prohibits the Secretary from-- (A) making an emergency situation determination, including a determination that an emergency exists pursuant to section 218.21(a) of title 36, Code of Federal Regulations (or successor regulations); or (B) taking an emergency action under section 220.4(b) of title 36, Code of Federal Regulations (or successor regulations). (d) Administrative Review of Authorized Emergency Actions.--An authorized emergency action carried out under this section shall not be subject to objection under the predecisional administrative review processes established under section 105 of [[Page 135 STAT. 1114]] the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6515) and section 428 of the Department of the Interior, Environment, and Related Agencies Appropriations Act, 2012 (16 U.S.C. 6515 note; Public Law 112-74). (e) Judicial Review of Emergency Actions.--A court shall not enjoin an authorized emergency action under this section if the court determines that the plaintiff is unable to demonstrate that the claim of the plaintiff is likely to succeed on the merits. (f) Notification and Guidance.--The Secretary shall provide notification and guidance to each local field office of the Forest Service to ensure awareness of, compliance with, and appropriate use of the authorized emergency action authority under this section. SEC. 40808. <<NOTE: 16 USC 6592d.>> JOINT CHIEFS LANDSCAPE RESTORATION PARTNERSHIP PROGRAM. (a) Definitions.--In this section: (1) Chiefs.--The term ``Chiefs'' means the Chief of the Forest Service and the Chief of the Natural Resources Conservation Service. (2) Eligible activity.--The term ``eligible activity'' means an activity-- (A) to reduce the risk of wildfire; (B) to protect water quality and supply; or (C) to improve wildlife habitat for at-risk species. (3) Program.--The term ``Program'' means the Joint Chiefs Landscape Restoration Partnership program established under subsection (b)(1). (4) Secretary.--The term ``Secretary'' means the Secretary of Agriculture. (5) Wildland-urban interface.--The term ``wildland-urban interface'' has the meaning given the term in section 101 of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6511). (b) Establishment.-- (1) In general.--The Secretary shall establish a Joint Chiefs Landscape Restoration Partnership program to improve the health and resilience of forest landscapes across National Forest System land and State, Tribal, and private land. (2) <<NOTE: Coordination.>> Administration.--The Secretary shall administer the Program by coordinating eligible activities conducted on National Forest System land and State, Tribal, or private land across a forest landscape to improve the health and resilience of the forest landscape by-- (A) assisting producers and landowners in implementing eligible activities on eligible private or Tribal land using the applicable programs and authorities administered by the Chief of the Natural Resources Conservation Service under title XII of the Food Security Act of 1985 (16 U.S.C. 3801 et seq.), not including the conservation reserve program established under subchapter B of chapter 1 of subtitle D of that title (16 U.S.C. 3831 et seq.); and (B) conducting eligible activities on National Forest System land or assisting landowners in implementing eligible activities on State, Tribal, or private land using the applicable programs and authorities administered by the Chief of the Forest Service. [[Page 135 STAT. 1115]] (c) Selection of Eligible Activities.--The appropriate Regional Forester and State Conservationist shall jointly submit to the Chiefs on an annual basis proposals for eligible activities under the Program. (d) Evaluation Criteria.--In evaluating and selecting proposals submitted under subsection (c), the Chiefs shall consider-- (1) criteria including whether the proposal-- (A) reduces wildfire risk in a municipal watershed or the wildland-urban interface; (B) was developed through a collaborative process with participation from diverse stakeholders; (C) increases forest workforce capacity or forest business infrastructure and development; (D) leverages existing authorities and non-Federal funding; (E) provides measurable outcomes; or (F) supports established State and regional priorities; and (2) such other criteria relating to the merits of the proposals as the Chiefs determine to be appropriate. (e) Outreach.--The Secretary shall provide-- (1) <<NOTE: Public information. Web posting.>> public notice on the websites of the Forest Service and the Natural Resources Conservation Service describing-- (A) <<NOTE: Proposals.>> the solicitation of proposals under subsection (c); and (B) <<NOTE: Criteria.>> the criteria for selecting proposals in accordance with subsection (d); and (2) information relating to the Program and activities funded under the Program to States, Indian Tribes, units of local government, and private landowners. (f) Exclusions.--An eligible activity may not be carried out under the Program-- (1) in a wilderness area or designated wilderness study area; (2) in an inventoried roadless area; (3) on any Federal land on which, by Act of Congress or Presidential proclamation, the removal of vegetation is restricted or prohibited; or (4) in an area in which the eligible activity would be inconsistent with the applicable land and resource management plan. (g) Accountability.-- (1) <<NOTE: Recommenda- tions.>> Initial report.--Not later than 1 year after the date of enactment of this Act, the Secretary shall submit to Congress a report providing recommendations to Congress relating to the Program, including a review of-- (A) funding mechanisms for the Program; (B) staff capacity to carry out the Program; (C) privacy laws applicable to the Program; (D) data collection under the Program; (E) monitoring and outcomes under the Program; and (F) such other matters as the Secretary considers to be appropriate. (2) Additional reports.--For each of fiscal years 2022 and 2023, the Chiefs shall submit to the Committee on Agriculture, Nutrition, and Forestry and the Committee on Appropriations of the Senate and the Committee on Agriculture and [[Page 135 STAT. 1116]] the Committee on Appropriations of the House of Representatives a report describing projects for which funding is provided under the Program, including the status and outcomes of those projects. (h) Funding.-- (1) <<NOTE: Time period.>> Authorization of appropriations.--There is authorized to be appropriated to the Secretary to carry out the Program $90,000,000 for each of fiscal years 2022 and 2023. (2) Additional funds.--In addition to the funds described in paragraph (1), the Secretary may obligate available funds from accounts used to carry out the existing Joint Chiefs' Landscape Restoration Partnership prior to the date of enactment of this Act to carry out the Program. (3) Duration of availability.--Funds made available under paragraph (1) shall remain available until expended. (4) Distribution of funds.--Of the funds made available under paragraph (1)-- (A) not less than 40 percent shall be allocated to carry out eligible activities through the Natural Resources Conservation Service; (B) not less than 40 percent shall be allocated to carry out eligible activities through the Forest Service; and (C) the remaining funds shall be allocated by the Chiefs to the Natural Resources Conservation Service or the Forest Service-- (i) to carry out eligible activities; or (ii) for other purposes, such as technical assistance, project development, or local capacity building. TITLE IX--WESTERN WATER INFRASTRUCTURE SEC. 40901. <<NOTE: Time period. 43 USC 3201.>> AUTHORIZATIONS OF APPROPRIATIONS. There are authorized to be appropriated to the Secretary of the Interior, acting through the Commissioner of Reclamation (referred to in this title as the ``Secretary''), for the period of fiscal years 2022 through 2026-- (1) $1,150,000,000 for water storage, groundwater storage, and conveyance projects in accordance with section 40902, of which $100,000,000 shall be made available to provide grants to plan and construct small surface water and groundwater storage projects in accordance with section 40903; (2) $3,200,000,000 for the Aging Infrastructure Account established by subsection (d)(1) of section 9603 of the Omnibus Public Land Management Act of 2009 (43 U.S.C. 510b), to be made available for activities in accordance with that subsection, including major rehabilitation and replacement activities, as identified in the Asset Management Report of the Bureau of Reclamation dated April 2021, of which-- (A) $100,000,000 shall be made available for Bureau of Reclamation reserved or transferred works that have suffered a critical failure, in accordance with section 40904(a); and (B) $100,000,000 shall be made available for the rehabilitation, reconstruction, or replacement of a dam in accordance with section 40904(b); [[Page 135 STAT. 1117]] (3) $1,000,000,000 for rural water projects that have been authorized by an Act of Congress before July 1, 2021, in accordance with the Reclamation Rural Water Supply Act of 2006 (43 U.S.C. 2401 et seq.); (4) $1,000,000,000 for water recycling and reuse projects, of which-- (A) $550,000,000 shall be made available for water recycling and reuse projects authorized in accordance with the Reclamation Wastewater and Groundwater Study and Facilities Act (43 U.S.C. 390h et seq.) that are-- (i) authorized or approved for construction funding by an Act of Congress before the date of enactment of this Act; or (ii) selected for funding under the competitive grant program authorized pursuant to section 1602(f) of the Reclamation Wastewater and Groundwater Study and Facilities Act (43 U.S.C. 390h(f)), with funding under this subparagraph to be provided in accordance with that section, notwithstanding section 4013 of the Water Infrastructure Improvements for the Nation Act (43 U.S.C. 390b note; Public Law 114-322), except that section 1602(g)(2) of the Reclamation Wastewater and Groundwater Study and Facilities Act (43 U.S.C. 390h(g)(2)) shall not apply to amounts made available under this subparagraph; and (B) $450,000,000 shall be made available for large- scale water recycling and reuse projects in accordance with section 40905; (5) $250,000,000 for water desalination projects and studies authorized in accordance with the Water Desalination Act of 1996 (42 U.S.C. 10301 note; Public Law 104-298) that are-- (A) authorized or approved for construction funding by an Act of Congress before July 1, 2021; or (B) selected for funding under the program authorized pursuant to section 4(a) of the Water Desalination Act of 1996 (42 U.S.C. 10301 note; Public Law 104-298), with funding to be made available under this paragraph in accordance with that subsection, notwithstanding section 4013 of the Water Infrastructure Improvements for the Nation Act (43 U.S.C. 390b note; Public Law 114-322), except that paragraph (2)(F) of section 4(a) of the Water Desalination Act of 1996 (42 U.S.C. 10301 note; Public Law 104-298) (as redesignated by section 40908) shall not apply to amounts made available under this paragraph; (6) $500,000,000 for the safety of dams program, in accordance with the Reclamation Safety of Dams Act of 1978 (43 U.S.C. 506 et seq.); (7) $400,000,000 for WaterSMART grants in accordance with section 9504 of the Omnibus Public Land Management Act of 2009 (42 U.S.C. 10364), of which $100,000,000 shall be made available for projects that would improve the condition of a natural feature or nature-based feature (as those terms are defined in section 9502 of the Omnibus Public Land Management Act of 2009 (42 U.S.C. 10362)); (8) subject to section 40906, $300,000,000 for implementing the Colorado River Basin Drought Contingency Plan, consistent with the obligations of the Secretary under the Colorado River [[Page 135 STAT. 1118]] Drought Contingency Plan Authorization Act (Public Law 116-14; 133 Stat. 850) and related agreements, of which $50,000,000 shall be made available for use in accordance with the Drought Contingency Plan for the Upper Colorado River Basin; (9) $100,000,000 to provide financial assistance for watershed management projects in accordance with subtitle A of title VI of the Omnibus Public Land Management Act of 2009 (16 U.S.C. 1015 et seq.); (10) $250,000,000 for design, study, and construction of aquatic ecosystem restoration and protection projects in accordance with section 1109 of division FF of the Consolidated Appropriations Act, 2021 (Public Law 116-260); (11) $100,000,000 for multi-benefit projects to improve watershed health in accordance with section 40907; and (12) $50,000,000 for endangered species recovery and conservation programs in the Colorado River Basin in accordance with-- (A) Public Law 106-392 (114 Stat. 1602); (B) the Grand Canyon Protection Act of 1992 (Public Law 102-575; 106 Stat. 4669); and (C) subtitle E of title IX of the Omnibus Public Land Management Act of 2009 (Public Law 111-11; 123 Stat. 1327). SEC. 40902. <<NOTE: 43 USC 3202.>> WATER STORAGE, GROUNDWATER STORAGE, AND CONVEYANCE PROJECTS. (a) Eligibility for Funding.-- (1) Feasibility studies.-- (A) In general.--A feasibility study shall only be eligible for funding under section 40901(1) if-- (i) the feasibility study has been authorized by an Act of Congress before the date of enactment of this Act; (ii) Congress has approved funding for the feasibility study in accordance with section 4007 of the Water Infrastructure Improvements for the Nation Act (43 U.S.C. 390b note; Public Law 114- 322) before the date of enactment of this Act; or (iii) the feasibility study is authorized under subparagraph (B). (B) Feasibility study authorizations.--The Secretary may carry out feasibility studies for the following projects: (i) <<NOTE: Arizona.>> The Verde Reservoirs Sediment Mitigation Project in the State of Arizona. (ii) <<NOTE: Oregon.>> The Tualatin River Basin Project in the State of Oregon. (2) Construction.--A project shall only be eligible for construction funding under section 40901(1) if-- (A) an Act of Congress enacted before the date of enactment of this Act authorizes construction of the project; (B) Congress has approved funding for construction of the project in accordance with section 4007 of the Water Infrastructure Improvements for the Nation Act (43 U.S.C. 390b note; Public Law 114-322) before the date of enactment of this Act, except for any project for which-- [[Page 135 STAT. 1119]] (i) <<NOTE: Time period.>> Congress did not approve the recommendation of the Secretary for funding under subsection (h)(2) of that section for at least 1 fiscal year before the date of enactment of this Act; or (ii) State funding for the project was rescinded by the State before the date of enactment of this Act; or (C)(i) Congress has authorized or approved funding for a feasibility study for the project in accordance with clause (i) or (ii) of paragraph (1)(A) (except that projects described in clauses (i) and (ii) of subparagraph (B) shall not be eligible); and (ii) on completion of the feasibility study for the project, the Secretary-- (I) finds the project to be technically and financially feasible in accordance with the reclamation laws; (II) determines that sufficient non-Federal funding is available for the non-Federal cost share of the project; and (III)(aa) finds the project to be in the public interest; and (bb) <<NOTE: Recommenda- tion.>> recommends the project for construction. (b) Cost-sharing Requirement.-- (1) In general.--The Federal share-- (A) <<NOTE: Determination.>> for a project authorized by an Act of Congress shall be determined in accordance with that Act; (B) for a project approved by Congress in accordance with section 4007 of the Water Infrastructure Improvements for the Nation Act (43 U.S.C. 390b note; Public Law 114-322) (including construction resulting from a feasibility study authorized under that Act) shall be as provided in that Act; and (C) for a project not described in subparagraph (A) or (B)-- (i) in the case of a federally owned project, shall not exceed 50 percent of the total cost of the project; and (ii) in the case of a non-Federal project, shall not exceed 25 percent of the total cost of the project. (2) <<NOTE: Determination.>> Federal benefits.--Before funding a project under this section, the Secretary shall determine that, in return for the Federal investment in the project, at least a proportionate share of the benefits are Federal benefits. (3) Reimbursability.--The reimbursability of Federal funding of projects under this section shall be in accordance with the reclamation laws. (c) <<NOTE: Compliance.>> Environmental Laws.--In providing funding for a project under this section, the Secretary shall comply with all applicable environmental laws, including the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). SEC. 40903. <<NOTE: 43 USC 3203.>> SMALL WATER STORAGE AND GROUNDWATER STORAGE PROJECTS. (a) Establishment of a Competitive Grant Program for Small Water Storage and Groundwater Storage Projects.--The Secretary <<NOTE: Alaska. Hawaii. Determination.>> shall establish a competitive grant program, under [[Page 135 STAT. 1120]] which the non-Federal project sponsor of any project in a Reclamation State, including the State of Alaska or Hawaii, determined by the Secretary to be feasible under subsection (b)(2)(B) shall be eligible to apply for funding for the planning, design, and construction of the project. (b) Eligibility and Selection.-- (1) Submission to the secretary.-- (A) <<NOTE: Study.>> In general.--A non-Federal project sponsor described in subsection (a) may submit to the Secretary a proposal for a project eligible to receive a grant under this section in the form of a completed feasibility study. (B) Eligible projects.--A project shall be considered eligible for consideration for a grant under this section if the project-- (i) has water storage capacity of not less than 2,000 acre-feet and not more than 30,000 acre-feet; and (ii)(I) increases surface water or groundwater storage; or (II) conveys water, directly or indirectly, to or from surface water or groundwater storage. (C) <<NOTE: Deadline.>> Guidelines.--Not later than 60 days after the date of enactment of this Act, the Secretary shall issue guidelines for feasibility studies for small storage projects to provide sufficient information for the formulation of the studies. (2) <<NOTE: Determinations.>> Review by the secretary.--The Secretary shall review each feasibility study received under paragraph (1)(A) for the purpose of determining whether-- (A) the feasibility study, and the process under which the study was developed, each comply with Federal laws (including regulations) applicable to feasibility studies of small storage projects; (B) the project is technically and financially feasible, in accordance with-- (i) the guidelines developed under paragraph (1)(C); and (ii) the reclamation laws; and (C) the project provides a Federal benefit, as determined by the Secretary. (3) <<NOTE: Reports.>> Submission to congress.--Not later than 180 days after the date of receipt of a feasibility study received under paragraph (1)(A), the Secretary shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives a report that describes-- (A) <<NOTE: Determination.>> the results of the review of the study by the Secretary under paragraph (2), including a determination of whether the project is feasible and provides a Federal benefit; (B) <<NOTE: Recommenda- tions.>> any recommendations that the Secretary may have concerning the plan or design of the project; and (C) any conditions the Secretary may require for construction of the project. (4) Eligibility for funding.-- (A) <<NOTE: Determination.>> In general.--The non- Federal project sponsor of any project determined by the Secretary to be feasible [[Page 135 STAT. 1121]] under paragraph (3)(A) shall be eligible to apply to the Secretary for a grant to cover the Federal share of the costs of planning, designing, and constructing the project pursuant to subsection (c). (B) <<NOTE: Determination.>> Required determination.--Prior to awarding grants to a small storage project, the Secretary shall determine whether there is sufficient non-Federal funding available to complete the project. (5) <<NOTE: Criteria.>> Priority.--In awarding grants to projects under this section, the Secretary shall give priority to projects that meet 1 or more of the following criteria: (A) Projects that are likely to provide a more reliable water supply for States, Indian Tribes, and local governments, including subdivisions of those entities. (B) Projects that are likely to increase water management flexibility and reduce impacts on environmental resources from projects operated by Federal and State agencies. (C) Projects that are regional in nature. (D) Projects with multiple stakeholders. (E) Projects that provide multiple benefits, including water supply reliability, ecosystem benefits, groundwater management and enhancements, and water quality improvements. (c) Ceiling on Federal Share.--The Federal share of the costs of each of the individual projects selected under this section shall not exceed the lesser of-- (1) 25 percent of the total project cost; or (2) $30,000,000. (d) <<NOTE: Compliance.>> Environmental Laws.--In providing funding for a grant for a project under this section, the Secretary shall comply with all applicable environmental laws, including the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). (e) Termination of Authority.--The authority to carry out this section terminates on the date that is 5 years after the date of enactment of this Act. SEC. 40904. <<NOTE: 43 USC 3204.>> CRITICAL MAINTENANCE AND REPAIR. (a) Critical Failure at a Reserved or Transferred Work.-- (1) In general.--A reserved or transferred work shall only be eligible for funding under section 40901(2)(A) if-- (A) <<NOTE: Effective date.>> construction of the reserved or transferred work began on or before January 1, 1915; and (B) <<NOTE: Time period.>> a unit of the reserved or transferred work suffered a critical failure in Bureau of Reclamation infrastructure during the 2-year period ending on the date of enactment of this Act that resulted in the failure to deliver water to project beneficiaries. (2) Use of funds.--Rehabilitation, repair, and replacement activities for a transferred or reserved work using amounts made available under section 40901(2)(A) may be used for the entire transferred or reserved work, regardless of whether the critical failure was limited to a single project of the overall work. (3) Nonreimbursable funds.--Notwithstanding section 9603(b) of the Omnibus Public Land Management Act of 2009 (43 U.S.C. 510b(b)), amounts made available to a reserved [[Page 135 STAT. 1122]] or transferred work under section 40901(2)(A) shall be nonreimbursable to the United States. (b) Carey Act Projects.--The Secretary shall use amounts made available under section 40901(2)(B) to fund the rehabilitation, reconstruction, or replacement of a dam-- (1) <<NOTE: Effective date.>> the construction of which began on or after January 1, 1905; (2) that was developed pursuant to section 4 of the Act of August 18, 1894 (commonly known as the ``Carey Act'') (43 U.S.C. 641; 28 Stat. 422, chapter 301); (3) <<NOTE: Determination.>> that the Governor of the State in which the dam is located has-- (A) determined the dam has reached its useful life; (B) determined the dam poses significant health and safety concerns; and (C) requested Federal support; and (4) for which the estimated rehabilitation, reconstruction, or replacement, engineering, and permitting costs would exceed $50,000,000. SEC. 40905. <<NOTE: 43 USC 3205.>> COMPETITIVE GRANT PROGRAM FOR LARGE-SCALE WATER RECYCLING AND REUSE PROGRAM. (a) Definitions.--In this section: (1) Eligible entity.--The term ``eligible entity'' means-- (A) a State, Indian Tribe, municipality, irrigation district, water district, wastewater district, or other organization with water or power delivery authority; (B) a State, regional, or local authority, the members of which include 1 or more organizations with water or power delivery authority; or (C) an agency established under State law for the joint exercise of powers or a combination of entities described in subparagraphs (A) and (B). (2) Eligible project.--The term ``eligible project'' means a project described in subsection (c). (3) Program.--The term ``program'' means the grant program established under subsection (b). (4) Reclamation state.--The term ``Reclamation State'' means a State or territory described in the first section of the Act of June 17, 1902 (43 U.S.C. 391; 32 Stat. 388, chapter 1093). (b) Establishment.--The Secretary shall establish a program to provide grants to eligible entities on a competitive basis for the planning, design, and construction of large-scale water recycling and reuse projects that provide substantial water supply and other benefits to the Reclamation States in accordance with this section. (c) Eligible Project.--A project shall be eligible for a grant under this section if the project-- (1) reclaims and reuses-- (A) municipal, industrial, domestic, or agricultural wastewater; or (B) impaired groundwater or surface water; (2) has a total estimated cost of $500,000,000 or more; (3) is located in a Reclamation State; (4) is constructed, operated, and maintained by an eligible entity; and [[Page 135 STAT. 1123]] (5) provides a Federal benefit in accordance with the reclamation laws. (d) <<NOTE: Determinations.>> Project Evaluation.--The Secretary may provide a grant to an eligible project under the program if-- (1) <<NOTE: Study.>> the eligible entity determines through the preparation of a feasibility study or equivalent study, and the Secretary concurs, that the eligible project-- (A) is technically and financially feasible; (B) provides a Federal benefit in accordance with the reclamation laws; and (C) is consistent with applicable Federal and State laws; (2) the eligible entity has sufficient non-Federal funding available to complete the eligible project, as determined by the Secretary; (3) the eligible entity is financially solvent, as determined by the Secretary; and (4) <<NOTE: Deadline.>> not later than 30 days after the date on which the Secretary concurs with the determinations under paragraph (1) with respect to the eligible project, the Secretary submits to Congress written notice of the determinations. (e) Priority.--In providing grants to eligible projects under the program, the Secretary shall give priority to eligible projects that meet 1 or more of the following criteria: (1) The eligible project provides multiple benefits, including-- (A) water supply reliability benefits for drought- stricken States and communities; (B) fish and wildlife benefits; and (C) water quality improvements. (2) The eligible project is likely to reduce impacts on environmental resources from water projects owned or operated by Federal and State agencies, including through measurable reductions in water diversions from imperiled ecosystems. (3) The eligible project would advance water management plans across a multi-State area, such as drought contingency plans in the Colorado River Basin. (4) The eligible project is regional in nature. (5) The eligible project is collaboratively developed or supported by multiple stakeholders. (f) Federal Assistance.-- (1) Federal cost share.--The Federal share of the cost of any project provided a grant under the program shall not exceed 25 percent of the total cost of the eligible project. (2) Total dollar cap.--The Secretary shall not impose a total dollar cap on Federal contributions for all eligible individual projects provided a grant under the program. (3) Nonreimbursable funds.--Any funds provided by the Secretary to an eligible entity under the program shall be considered nonreimbursable. (4) Funding eligibility.--An eligible project shall not be considered ineligible for assistance under the program because the eligible project has received assistance under-- (A) the Reclamation Wastewater and Groundwater Study and Facilities Act (43 U.S.C. 390h et seq.); [[Page 135 STAT. 1124]] (B) section 4(a) of the Water Desalination Act of 1996 (42 U.S.C. 10301 note; Public Law 104-298) for eligible desalination projects; or (C) section 1602(e) of the Reclamation Wastewater and Groundwater Study and Facilities Act (43 U.S.C. 390h(e)). (g) <<NOTE: Compliance.>> Environmental Laws.--In providing a grant for an eligible project under the program, the Secretary shall comply with all applicable environmental laws, including the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). (h) <<NOTE: Deadline.>> Guidance.--Not later than 1 year after the date of enactment of this Act, the Secretary shall issue guidance on the implementation of the program, including guidelines for the preparation of feasibility studies or equivalent studies by eligible entities. (i) Reports.-- (1) <<NOTE: Web posting.>> Annual report.--At the end of each fiscal year, the Secretary shall make available on the website of the Department of the Interior an annual report that lists each eligible project for which a grant has been awarded under this section during the fiscal year. (2) Comptroller general.-- (A) Assessment.--The Comptroller General of the United States shall conduct an assessment of the administrative establishment, solicitation, selection, and justification process with respect to the funding of grants under this section. (B) Report.--Not later than 1 year after the date of the initial award of grants under this section, the Comptroller General shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives a report that describes-- (i) the adequacy and effectiveness of the process by which each eligible project was selected, if applicable; and (ii) the justification and criteria used for the selection of each eligible project, if applicable. (j) Treatment of Conveyance.--The Secretary shall consider the planning, design, and construction of a conveyance system for an eligible project to be eligible for grant funding under the program. (k) Termination of Authority.--The authority to carry out this section terminates on the date that is 5 years after the date of enactment of this Act. SEC. 40906. <<NOTE: 43 USC 3206.>> DROUGHT CONTINGENCY PLAN FUNDING REQUIREMENTS. (a) In General.--Funds made available under section 40901(8) for use in the Lower Colorado River Basin may be used for projects-- (1) to establish or conserve recurring Colorado River water that contributes to supplies in Lake Mead and other Colorado River water reservoirs in the Lower Colorado River Basin; or (2) to improve the long-term efficiency of operations in the Lower Colorado River Basin. [[Page 135 STAT. 1125]] (b) Limitation.--None of the funds made available under section 40901(8) may be used for the operation of the Yuma Desalting Plant. (c) Effect.--Nothing in section 40901(8) limits existing or future opportunities to augment the water supplies of the Colorado River. SEC. 40907. <<NOTE: 43 USC 3207.>> MULTI-BENEFIT PROJECTS TO IMPROVE WATERSHED HEALTH. (a) Definition of Eligible Applicant.--In this section, the term ``eligible applicant'' means-- (1) a State; (2) a Tribal or local government; (3) an organization with power or water delivery authority; (4) a regional authority; or (5) a nonprofit conservation organization. (b) <<NOTE: Deadline. Consultation.>> Establishment of Competitive Grant Program.--Not later than 1 year after the date of enactment of this Act, the Secretary, in consultation with the heads of relevant agencies, shall establish a competitive grant program under which the Secretary shall award grants to eligible applicants for the design, implementation, and monitoring of conservation outcomes of habitat restoration projects that improve watershed health in a river basin that is adversely impacted by a Bureau of Reclamation water project by accomplishing 1 or more of the following: (1) Ecosystem benefits. (2) Restoration of native species. (3) Mitigation against the impacts of climate change to fish and wildlife habitats. (4) Protection against invasive species. (5) Restoration of aspects of the natural ecosystem. (6) Enhancement of commercial, recreational, subsistence, or Tribal ceremonial fishing. (7) Enhancement of river-based recreation. (c) Requirements.-- (1) In general.--In awarding a grant to an eligible applicant under subsection (b), the Secretary-- (A) shall give priority to an eligible applicant that would carry out a habitat restoration project that achieves more than 1 of the benefits described in that subsection; and (B) may not provide a grant to carry out a habitat restoration project the purpose of which is to meet existing environmental mitigation or compliance obligations under Federal or State law. (2) Compliance.--A habitat restoration project awarded a grant under subsection (b) shall comply with all applicable Federal and State laws. (d) Cost-sharing Requirement.--The Federal share of the cost of any habitat restoration project that is awarded a grant under subsection (b)-- (1) shall not exceed 50 percent of the cost of the habitat restoration project; or (2) in the case of a habitat restoration project that provides benefits to ecological or recreational values in which the nonconsumptive water conservation benefit or habitat restoration benefit accounts for at least 75 percent of the cost of the [[Page 135 STAT. 1126]] habitat restoration project, as determined by the Secretary, shall not exceed 75 percent of the cost of the habitat restoration project. SEC. 40908. ELIGIBLE DESALINATION PROJECTS. Section 4(a) of the Water Desalination Act of 1996 (42 U.S.C. 10301 note; Public Law 104-298) is amended by redesignating the second paragraph (1) (relating to eligible desalination projects) as paragraph (2). SEC. 40909. CLARIFICATION OF AUTHORITY TO USE CORONAVIRUS FISCAL RECOVERY FUNDS TO MEET A NON-FEDERAL MATCHING REQUIREMENT FOR AUTHORIZED BUREAU OF RECLAMATION WATER PROJECTS. (a) Coronavirus State Fiscal Recovery Fund.--Section 602(c) of the Social Security Act (42 U.S.C. 802(c)) is amended by adding at the end the following: ``(4) Use of funds to satisfy non-federal matching requirements for authorized bureau of reclamation water projects.--Funds provided under this section for an authorized Bureau of Reclamation project may be used for purposes of satisfying any non-Federal matching requirement required for the project.''. (b) Coronavirus Local Fiscal Recovery Fund.--Section 603(c) of the Social Security Act (42 U.S.C. 803(c)) is amended by adding at the end the following: ``(5) Use of funds to satisfy non-federal matching, maintenance of effort, or other expenditure requirement.--Funds provided under this section for an authorized Bureau of Reclamation project may be used for purposes of satisfying any non-Federal matching requirement required for the project.''. (c) <<NOTE: 42 USC 802 note.>> Effective Date.--The amendments made by this section shall take effect as if included in the enactment of section 9901 of the American Rescue Plan Act of 2021 (Public Law 117-2; 135 Stat. 223). SEC. 40910. <<NOTE: 43 USC 3208.>> FEDERAL ASSISTANCE FOR GROUNDWATER RECHARGE, AQUIFER STORAGE, AND WATER SOURCE SUBSTITUTION PROJECTS. (a) <<NOTE: Coordination.>> In General.--The Secretary, at the request of and in coordination with affected Indian Tribes, States (including subdivisions and departments of a State), or a public agency organized pursuant to State law, may provide technical or financial assistance for, participate in, and enter into agreements (including agreements with irrigation entities) for-- (1) groundwater recharge projects; (2) aquifer storage and recovery projects; or (3) water source substitution for aquifer protection projects. (b) Limitation.--Nothing in this section authorizes additional technical or financial assistance for, or participation in an agreement for, a surface water storage facility to be constructed or expanded. (c) Requirement.--A construction project shall only be eligible for financial assistance under this section if the project meets the conditions for funding under section 40902(a)(2)(C)(ii). (d) Cost Sharing.--Cost sharing for a project funded under this section shall be in accordance with section 40902(b). [[Page 135 STAT. 1127]] (e) <<NOTE: Compliance.>> Environmental Laws.--In providing funding for a project under this section, the Secretary shall comply with all applicable environmental laws, including -- (1) the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); (2) any obligations for fish, wildlife, or water quality protection in permits or licenses granted by a Federal agency or a State; and (3) any applicable Federal or State laws (including regulations). (f) Authorization by Congress for Major Project Construction.--A project with a total estimated cost of $500,000,000 or more shall only be eligible for construction funding under this section if the project is authorized for construction by an Act of Congress. TITLE <<NOTE: Time periods.>> X--AUTHORIZATION OF APPROPRIATIONS FOR ENERGY ACT OF 2020 SEC. 41001. ENERGY STORAGE DEMONSTRATION PROJECTS. (a) Energy Storage Demonstration Projects; Pilot Grant Program.-- There is authorized to be appropriated to the Secretary to carry out activities under section 3201(c) of the Energy Act of 2020 (42 U.S.C. 17232(c)) $355,000,000 for the period of fiscal years 2022 through 2025. (b) Long-duration Demonstration Initiative and Joint Program.--There is authorized to be appropriated to the Secretary to carry out activities under section 3201(d) of the Energy Act of 2020 (42 U.S.C. 17232(d)) $150,000,000 for the period of fiscal years 2022 through 2025. SEC. 41002. ADVANCED REACTOR DEMONSTRATION PROGRAM. (a) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary to carry out activities under section 959A of the Energy Policy Act of 2005 (42 U.S.C. 16279a) pursuant to the funding opportunity announcement of the Department numbered DE-FOA- 0002271 for Pathway 1, Advanced Reactor Demonstrations-- (1) $511,000,000 for fiscal year 2022; (2) $506,000,000 for fiscal year 2023; (3) $636,000,000 for fiscal year 2024; (4) $824,000,000 for fiscal year 2025; (5) $453,000,000 for fiscal year 2026; and (6) $281,000,000 for fiscal year 2027. (b) Technical Corrections.-- (1) Definition of advanced nuclear reactor.--Section 951(b)(1) of the Energy Policy Act of 2005 (42 U.S.C. 16271(b)(1)) is amended-- (A) in subparagraph (A)(xi), by striking ``; and'' and inserting a semicolon; (B) in subparagraph (B), by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following: ``(C) a radioisotope power system that utilizes heat from radioactive decay to generate energy.''. [[Page 135 STAT. 1128]] (2) Nuclear energy university program funding.--Section 954(a)(6) of the Energy Policy Act of 2005 (42 U.S.C. 16274(a)(6)) is amended by inserting ``, excluding funds appropriated for the Advanced Reactor Demonstration Program of the Department,'' after ``annually''. SEC. 41003. MINERAL SECURITY PROJECTS. (a) National Geological and Geophysical Data Preservation Program.-- There are authorized to be appropriated to the Secretary of the Interior to carry out activities under section 351 of the Energy Policy Act of 2005 (42 U.S.C. 15908)-- (1) $8,668,000 for fiscal year 2022; and (2) $5,000,000 for each of fiscal years 2023 through 2025. (b) Rare Earth Mineral Security.--There are authorized to be appropriated to the Secretary to carry out activities under section 7001(a) of the Energy Act of 2020 (42 U.S.C. 13344(a))-- (1) $23,000,000 for fiscal year 2022; (2) $24,200,000 for fiscal year 2023; (3) $25,400,000 for fiscal year 2024; (4) $26,600,000 for fiscal year 2025; and (5) $27,800,000 for fiscal year 2026. (c) Critical Material Innovation, Efficiency, and Alternatives.-- There are authorized to be appropriated to the Secretary to carry out activities under section 7002(g) of the Energy Act of 2020 (30 U.S.C. 1606(g))-- (1) $230,000,000 for fiscal year 2022; (2) $100,000,000 for fiscal year 2023; and (3) $135,000,000 for each of fiscal years 2024 and 2025. (d) Critical Material Supply Chain Research Facility.--There are authorized to be appropriated to the Secretary to carry out activities under section 7002(h) of the Energy Act of 2020 (30 U.S.C. 1606(h))-- (1) $40,000,000 for fiscal year 2022; and (2) $35,000,000 for fiscal year 2023. SEC. 41004. CARBON CAPTURE DEMONSTRATION AND PILOT PROGRAMS. (a) Carbon Capture Large-scale Pilot Projects.--There are authorized to be appropriated to the Secretary to carry out activities under section 962(b)(2)(B) of the Energy Policy Act of 2005 (42 U.S.C. 16292(b)(2)(B))-- (1) $387,000,000 for fiscal year 2022; (2) $200,000,000 for fiscal year 2023; (3) $200,000,000 for fiscal year 2024; and (4) $150,000,000 for fiscal year 2025. (b) Carbon Capture Demonstration Projects Program.--There are authorized to be appropriated to the Secretary to carry out activities under section 962(b)(2)(C) of the Energy Policy Act of 2005 (42 U.S.C. 16292(b)(2)(C))-- (1) $937,000,000 for fiscal year 2022; (2) $500,000,000 for each of fiscal years 2023 and 2024; and (3) $600,000,000 for fiscal year 2025. SEC. 41005. DIRECT AIR CAPTURE TECHNOLOGIES PRIZE COMPETITIONS. (a) Precommercial.--There is authorized to be appropriated to the Secretary to carry out activities under section 969D(e)(2)(A) [[Page 135 STAT. 1129]] of the Energy Policy Act of 2005 (42 U.S.C. 16298d(e)(2)(A)) $15,000,000 for fiscal year 2022. (b) Commercial.--There is authorized to be appropriated to the Secretary to carry out activities under section 969D(e)(2)(B) of the Energy Policy Act of 2005 (42 U.S.C. 16298d(e)(2)(B)) $100,000,000 for fiscal year 2022. SEC. 41006. WATER POWER PROJECTS. (a) Hydropower and Marine Energy.--There are authorized to be appropriated to the Secretary-- (1) to carry out activities under section 634 of the Energy Independence and Security Act of 2007 (42 U.S.C. 17213), $36,000,000 for the period of fiscal years 2022 through 2025; and (2) to carry out activities under section 635 of the Energy Independence and Security Act of 2007 (42 U.S.C. 17214), $70,400,000 for the period of fiscal years 2022 through 2025. (b) National Marine Energy Centers.--There is authorized to be appropriated to the Secretary to carry out activities under section 636 of the Energy Independence and Security Act of 2007 (42 U.S.C. 17215) $40,000,000 for the period of fiscal years 2022 through 2025. SEC. 41007. RENEWABLE ENERGY PROJECTS. (a) Geothermal Energy.--There is authorized to be appropriated to the Secretary to carry out activities under section 615(d) of the Energy Independence and Security Act of 2007 (42 U.S.C. 17194(d)) $84,000,000 for the period of fiscal years 2022 through 2025. (b) Wind Energy.--There are authorized to be appropriated to the Secretary-- (1) to carry out activities under section 3003(b)(2) of the Energy Act of 2020 (42 U.S.C. 16237(b)(2)), $60,000,000 for the period of fiscal years 2022 through 2025; and (2) to carry out activities under section 3003(b)(4) of the Energy Act of 2020 (42 U.S.C. 16237(b)(4)), $40,000,000 for the period of fiscal years 2022 through 2025. (c) Solar Energy.--There are authorized to be appropriated to the Secretary-- (1) to carry out activities under section 3004(b)(2) of the Energy Act of 2020 (42 U.S.C. 16238(b)(2)), $40,000,000 for the period of fiscal years 2022 through 2025; (2) to carry out activities under section 3004(b)(3) of the Energy Act of 2020 (42 U.S.C. 16238(b)(3)), $20,000,000 for the period of fiscal years 2022 through 2025; and (3) to carry out activities under section 3004(b)(4) of the Energy Act of 2020 (42 U.S.C. 16238(b)(4)), $20,000,000 for the period of fiscal years 2022 through 2025. (d) Clarification.--Amounts authorized to be appropriated under subsection (b) are authorized to be a part of, and not in addition to, any amounts authorized to be appropriated by section 3003(b)(7) of the Energy Act of 2020 (42 U.S.C. 16237(b)(7)). SEC. 41008. INDUSTRIAL EMISSIONS DEMONSTRATION PROJECTS. There are authorized to be appropriated to the Secretary to carry out activities under section 454(d)(3) of the Energy Independence and Security Act of 2007 (42 U.S.C. 17113(d)(3))-- [[Page 135 STAT. 1130]] (1) $100,000,000 for each of fiscal years 2022 and 2023; and (2) $150,000,000 for each of fiscal years 2024 and 2025. TITLE XI--WAGE RATE REQUIREMENTS SEC. 41101. <<NOTE: 42 USC 18851.>> WAGE RATE REQUIREMENTS. (a) <<NOTE: Contracts. Determination.>> Davis-Bacon.--All laborers and mechanics employed by contractors or subcontractors in the performance of construction, alteration, or repair work on a project assisted in whole or in part by funding made available under this division or an amendment made by this division shall be paid wages at rates not less than those prevailing on similar projects in the locality, as determined by the Secretary of Labor in accordance with subchapter IV of chapter 31 of title 40, United States Code (commonly referred to as the ``Davis-Bacon Act''). (b) Authority.--With respect to the labor standards specified in subsection (a), the Secretary of Labor shall have the authority and functions set forth in Reorganization Plan Numbered 14 of 1950 (64 Stat. 1267; 5 U.S.C. App.) and section 3145 of title 40, United States Code. TITLE XII--MISCELLANEOUS SEC. 41201. <<NOTE: 42 USC 18861.>> OFFICE OF CLEAN ENERGY DEMONSTRATIONS. (a) Definitions.--In this section: (1) Covered project.--The term ``covered project'' means a demonstration project of the Department that-- (A) receives or is eligible to receive funding from the Secretary; and (B) is authorized under-- (i) this division; or (ii) the Energy Act of 2020 (Public Law 116- 260; 134 Stat. 1182). (2) Program.--The term ``program'' means the program established under subsection (b). (b) <<NOTE: Coordination.>> Establishment.--The Secretary, in coordination with the heads of relevant program offices of the Department, shall establish a program to conduct project management and oversight of covered projects, including by-- (1) <<NOTE: Evaluations.>> conducting evaluations of proposals for covered projects before the selection of a covered project for funding; (2) conducting independent oversight of the execution of a covered project after funding has been awarded for that covered project; and (3) ensuring a balanced portfolio of investments in covered projects. (c) Duties.--The Secretary shall appoint a head of the program who shall, in coordination with the heads of relevant program offices of the Department-- (1) evaluate proposals for covered projects, including scope, technical specifications, maturity of design, funding profile, estimated costs, proposed schedule, proposed technical and financial milestones, and potential for commercial success based on economic and policy projections; [[Page 135 STAT. 1131]] (2) develop independent cost estimates for a proposal for a covered project, if appropriate; (3) recommend to the head of a program office of the Department, as appropriate, whether to fund a proposal for a covered project; (4) oversee the execution of covered projects that receive funding from the Secretary, including reconciling estimated costs as compared to actual costs; (5) conduct reviews of ongoing covered projects, including-- (A) evaluating the progress of a covered project based on the proposed schedule and technical and financial milestones; and (B) providing the evaluations under subparagraph (A) to the Secretary; and (6) assess the lessons learned in overseeing covered projects and implement improvements in the process of evaluating and overseeing covered projects. (d) Employees.--To carry out the program, the Secretary may hire appropriate personnel to perform the duties of the program. (e) Coordination.--In carrying out the program, the head of the program shall coordinate with-- (1) project management and acquisition management entities with the Department, including the Office of Project Management; and (2) professional organizations in project management, construction, cost estimation, and other relevant fields. (f) Reports.-- (1) Report by secretary.--The Secretary shall include in each updated technology transfer execution plan submitted under subsection (h)(2) of section 1001 of the Energy Policy Act of 2005 (42 U.S.C. 16391) information on the implementation of and progress made under the program, including, for the year covered by the report-- (A) the covered projects under the purview of the program; and (B) <<NOTE: Review.>> the review of each covered project carried out under subsection (c)(5). (2) <<NOTE: Evaluation.>> Report by comptroller general.-- Not later than 3 years after the date of enactment of this Act, the Comptroller General of the United States shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Science, Space, and Technology of the House of Representatives a report evaluating the operation of the program, including-- (A) a description of the processes and procedures used by the program to evaluate proposals of covered projects and the oversight of covered projects; and (B) <<NOTE: Recommenda- tions.>> any recommended changes in the program, including changes to-- (i) the processes and procedures described in subparagraph (A); and (ii) the structure of the program, for the purpose of better carrying out the program. (g) Technical Amendment.--Section 1001 of the Energy Policy Act of 2005 (42 U.S.C. 16391) is amended by redesignating the second subsections (f) (relating to planning and reporting) and [[Page 135 STAT. 1132]] (g) (relating to additional technology transfer programs) as subsections (h) and (i), respectively. SEC. 41202. EXTENSION OF SECURE RURAL SCHOOLS AND COMMUNITY SELF- DETERMINATION ACT OF 2000. (a) <<NOTE: Time periods.>> Definition of Full Funding Amount.-- Section 3(11) of the Secure Rural Schools and Community Self- Determination Act of 2000 (16 U.S.C. 7102(11)) is amended by striking subparagraphs (D) and (E) and inserting the following: ``(D) for fiscal year 2017, the amount that is equal to 95 percent of the full funding amount for fiscal year 2015; ``(E) for each of fiscal years 2018 through 2020, the amount that is equal to 95 percent of the full funding amount for the preceding fiscal year; and ``(F) for fiscal year 2021 and each fiscal year thereafter, the amount that is equal to the full funding amount for fiscal year 2017.''. (b) <<NOTE: Time periods.>> Secure Payments for States and Counties Containing Federal Land.-- (1) Secure payments.--Section 101 of the Secure Rural Schools and Community Self-Determination Act of 2000 (16 U.S.C. 7111) is amended, in subsections (a) and (b), by striking ``2015, 2017, 2018, 2019, and 2020'' each place it appears and inserting ``2015 and 2017 through 2023''. (2) Distribution of payments to eligible counties.--Section 103(d)(2) of the Secure Rural Schools and Community Self- Determination Act of 2000 (16 U.S.C. 7113(d)(2)) is amended by striking ``2020'' and inserting ``2023''. (c) Pilot Program To Streamline Nomination of Members of Resource Advisory Committees.--Section 205 of the Secure Rural Schools and Community Self-Determination Act of 2000 (16 U.S.C. 7125) is amended by striking subsection (g) and inserting the following: ``(g) Resource Advisory Committee Appointment Pilot Programs.-- ``(1) Definitions.--In this subsection: ``(A) Applicable designee.--The term `applicable designee' means the applicable regional forester. ``(B) National pilot program.--The term `national pilot program' means the national pilot program established under paragraph (4)(A). ``(C) Regional pilot program.--The term `regional pilot program' means the regional pilot program established under paragraph (3)(A). ``(2) Establishment of pilot programs.--In accordance with paragraphs (3) and (4), the Secretary concerned shall carry out 2 pilot programs to appoint members of resource advisory committees. ``(3) Regional pilot program.-- ``(A) In general.--The Secretary concerned shall carry out a regional pilot program to allow an applicable designee to appoint members of resource advisory committees. ``(B) <<NOTE: Applicability.>> Geographic limitation.--The regional pilot program shall only apply to resource advisory committees chartered in-- ``(i) <<NOTE: Montana.>> the State of Montana; and [[Page 135 STAT. 1133]] ``(ii) <<NOTE: Arizona.>> the State of Arizona. ``(C) Responsibilities of applicable designee.-- ``(i) <<NOTE: Analysis.>> Review.--Before appointing a member of a resource advisory committee under the regional pilot program, an applicable designee shall conduct the review and analysis that would otherwise be conducted for an appointment to a resource advisory committee if the regional pilot program was not in effect, including any review and analysis with respect to civil rights and budgetary requirements. ``(ii) Savings clause.--Nothing in this paragraph relieves an applicable designee from any requirement developed by the Secretary concerned for making an appointment to a resource advisory committee that is in effect on December 20, 2018, including any requirement for advertising a vacancy. ``(4) National pilot program.-- ``(A) <<NOTE: Nominations.>> In general.--The Secretary concerned shall carry out a national pilot program to allow the Chief of the Forest Service or the Director of the Bureau of Land Management, as applicable, to submit to the Secretary concerned nominations of individuals for appointment as members of resource advisory committees. ``(B) <<NOTE: Deadline.>> Appointment.--Under the national pilot program, subject to subparagraph (C), not later than 30 days after the date on which a nomination is transmitted to the Secretary concerned under subparagraph (A), the Secretary concerned shall-- ``(i) appoint the nominee to the applicable resource advisory committee; or ``(ii) reject the nomination. ``(C) Automatic appointment.--If the Secretary concerned does not act on a nomination in accordance with subparagraph (B) by the date described in that subparagraph, the nominee shall be deemed appointed to the applicable resource advisory committee. ``(D) <<NOTE: Applicability.>> Geographic limitation.--The national pilot program shall apply to a resource advisory committee chartered in any State other than-- ``(i) <<NOTE: Montana.>> the State of Montana; or ``(ii) <<NOTE: Arizona.>> the State of Arizona. ``(E) Savings clause.--Nothing in this paragraph relieves the Secretary concerned from any requirement relating to an appointment to a resource advisory committee, including any requirement with respect to civil rights or advertising a vacancy. ``(5) Termination of effectiveness.--The authority provided under this subsection terminates on October 1, 2023. ``(6) Report to congress.--Not later 180 days after the date described in paragraph (5), the Secretary concerned shall submit to Congress a report that includes-- ``(A) with respect to appointments made under the regional pilot program compared to appointments made under the national pilot program, a description of the extent to which-- ``(i) appointments were faster or slower; and [[Page 135 STAT. 1134]] ``(ii) the requirements described in paragraph (3)(C)(i) differ; and ``(B) <<NOTE: Recommenda- tion.>> a recommendation with respect to whether Congress should terminate, continue, modify, or expand the pilot programs.''. (d) Extension of Authority To Conduct Special Projects on Federal Land.-- (1) Existing advisory committees.--Section 205(a)(4) of the Secure Rural Schools and Community Self-Determination Act of 2000 (16 U.S.C. 7125(a)(4)) is amended by striking ``December 20, 2021'' each place it appears and inserting ``December 20, 2023''. (2) Extension of authority.--Section 208 of the Secure Rural Schools and Community Self-Determination Act of 2000 (16 U.S.C. 7128) is amended-- (A) in subsection (a), by striking ``2022'' and inserting ``2025''; and (B) in subsection (b), by striking ``2023'' and inserting ``2026''. (e) Access to Broadband and Other Technology.--Section 302(a) of the Secure Rural Schools and Community Self-Determination Act of 2000 (16 U.S.C. 7142(a)) is amended-- (1) in paragraph (3), by striking ``and'' at the end; (2) in paragraph (4), by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following: ``(5) to provide or expand access to-- ``(A) broadband telecommunications services at local schools; or ``(B) the technology and connectivity necessary for students to use a digital learning tool at or outside of a local school campus.''. (f) Extension of Authority To Expend County Funds.--Section 304 of the Secure Rural Schools and Community Self-Determination Act of 2000 (16 U.S.C. 7144) is amended-- (1) in subsection (a), by striking ``2022'' and inserting ``2025''; and (2) in subsection (b), by striking ``2023'' and inserting ``2026''. (g) Amounts Obligated but Unspent; Prohibition on Use of Funds.-- Title III of the Secure Rural Schools and Community Self-Determination Act of 2000 (16 U.S.C. 7141 et seq.) is amended-- (1) by redesignating section 304 as section 305; and (2) by inserting after section 303 the following: ``SEC. 304. <<NOTE: 16 USC 7143a.>> AMOUNTS OBLIGATED BUT UNSPENT; PROHIBITION ON USE OF FUNDS. ``(a) Amounts Obligated but Unspent.--Any county funds that were obligated by the applicable participating county before October 1, 2017, but are unspent on October 1, 2020-- ``(1) may, at the option of the participating county, be deemed to have been reserved by the participating county on October 1, 2020, for expenditure in accordance with this title; and ``(2)(A) may be used by the participating county for any authorized use under section 302(a); and [[Page 135 STAT. 1135]] ``(B) <<NOTE: Determination.>> on a determination by the participating county under subparagraph (A) to use the county funds, shall be available for projects initiated after October 1, 2020, subject to section 305. ``(b) <<NOTE: Effective date. Lobbying.>> Prohibition on Use of Funds.--Notwithstanding any other provision of law, effective beginning on the date of enactment of the Infrastructure Investment and Jobs Act, no county funds made available under this title may be used by any participating county for any lobbying activity, regardless of the purpose for which the funds are obligated on or before that date.''. DIVISION E-- <<NOTE: Drinking Water and Wastewater Infrastructure Act of 2021.>> DRINKING WATER AND WASTEWATER INFRASTRUCTURE SEC. 50001. <<NOTE: 33 USC 1251 note.>> SHORT TITLE. This division may be cited as the ``Drinking Water and Wastewater Infrastructure Act of 2021''. SEC. 50002. <<NOTE: 42 USC 300j-18a note.>> DEFINITION OF ADMINISTRATOR. In this division, the term ``Administrator'' means the Administrator of the Environmental Protection Agency. TITLE I--DRINKING WATER SEC. 50101. TECHNICAL ASSISTANCE AND GRANTS FOR EMERGENCIES AFFECTING PUBLIC WATER SYSTEMS. Section 1442 of the Safe Drinking Water Act (42 U.S.C. 300j-1) is amended-- (1) in subsection (a), by adding at the end the following: ``(11) Compliance Evaluation.-- ``(A) <<NOTE: Deadline.>> In general.--Not later than 1 year after the date of enactment of this paragraph, the Administrator shall-- ``(i) evaluate, based on the compliance data found in the Safe Drinking Water Information System of the Administrator, the compliance of community water systems and wastewater systems with environmental, health, and safety requirements under this title, including water quality sampling, testing, and reporting requirements; and ``(ii) <<NOTE: Reports.>> submit to Congress a report describing trends seen as a result of the evaluation under clause (i), including trends that demonstrate how the characteristics of community water systems and wastewater systems correlate to trends in compliance or noncompliance with the requirements described in that clause. ``(B) <<NOTE: Determination.>> Requirement.--To the extent practicable, in carrying out subparagraph (A), the Administrator shall determine whether, in aggregate, community water systems and wastewater systems maintain asset management plans.''; (2) in subsection (b), in the first sentence-- (A) by inserting ``(including an emergency situation resulting from a cybersecurity event)'' after ``emergency situation''; and (B) by inserting ``, including a threat to public health resulting from contaminants, such as, but not limited to, [[Page 135 STAT. 1136]] heightened exposure to lead in drinking water'' after ``public health''; (3) by striking subsection (d) and inserting the following: ``(d) <<NOTE: Time period.>> Authorization of Appropriations.--There is authorized to be appropriated to carry out subsection (b) $35,000,000 for each of fiscal years 2022 through 2026.''; (4) in subsection (e), by striking paragraph (5) and inserting the following: ``(5) <<NOTE: Time period.>> Authorization of appropriations.--There is authorized to be appropriated to the Administrator to carry out this subsection $15,000,000 for each of fiscal years 2022 through 2026.''; (5) by redesignating subsection (f) as subsection (g); and (6) by inserting after subsection (e) the following: ``(f) State-based Nonprofit Organizations.-- ``(1) In general.--The Administrator may provide technical assistance consistent with the authority provided under subsection (e) to State-based nonprofit organizations that are governed by community water systems. ``(2) <<NOTE: Consultation.>> Communication.--Each State- based nonprofit organization that receives funding under paragraph (1) shall, before using that funding to undertake activities to carry out this subsection, consult with the State in which the assistance is to be expended or otherwise made available.''. SEC. 50102. DRINKING WATER STATE REVOLVING LOAN FUNDS. (a) <<NOTE: Time period.>> Drinking Water State Revolving Funds Capitalization Grant Reauthorization.--Section 1452 of the Safe Drinking Water Act (42 U.S.C. 300j-12) is amended-- (1) in subsection (a)(4)(A), by striking ``During fiscal years 2019 through 2023, funds'' and inserting ``Funds''; (2) in subsection (m)(1) -- (A) in subparagraph (B), by striking ``and''; (B) in subparagraph (C), by striking the period at the end and inserting a semicolon; and (C) by adding at the end the following: ``(D) $2,400,000,000 for fiscal year 2022; ``(E) $2,750,000,000 for fiscal year 2023; ``(F) $3,000,000,000 for fiscal year 2024; and ``(G) $3,250,000,000 for each of fiscal years 2025 and 2026.''; and (3) in subsection (q), by striking ``2016 through 2021'' and inserting ``2022 through 2026''. (b) Assistance for Disadvantaged Communities.--Section 1452(d) of the Safe Drinking Water Act (42 U.S.C. 300j-12(d)) is amended-- (1) in paragraph (1)-- (A) by striking ``Notwithstanding any'' and inserting the following: ``(A) In general.--Notwithstanding any''; (B) in subparagraph (A) (as so designated), by inserting ``, grants, negative interest loans, other loan forgiveness, and through buying, refinancing, or restructuring debt'' after ``forgiveness of principal''; and (C) by adding at the end the following: ``(B) Exclusion.--A loan from a State loan fund with an interest rate equal to or greater than 0 percent shall [[Page 135 STAT. 1137]] not be considered additional subsidization for purposes of this subsection.''; and (2) in paragraph (2), by striking subparagraph (B) and inserting the following: ``(B) to the extent that there are sufficient applications for loans to communities described in paragraph (1), may not be less than 12 percent.''. SEC. 50103. SOURCE WATER PETITION PROGRAM. Section 1454 of the Safe Drinking Water Act (42 U.S.C. 300j-14) is amended-- (1) in subsection (a)-- (A) in paragraph (1)(A), in the matter preceding clause (i), by striking ``political subdivision of a State,'' and inserting ``political subdivision of a State (including a county that is designated by the State to act on behalf of an unincorporated area within that county, with the agreement of that unincorporated area),''; (B) in paragraph (4)(D)(i), by inserting ``(including a county that is designated by the State to act on behalf of an unincorporated area within that county)'' after ``of the State''; and (C) by adding at the end the following: ``(5) Savings provision.--Unless otherwise provided within the agreement, an agreement between an unincorporated area and a county for the county to submit a petition under paragraph (1)(A) on behalf of the unincorporated area shall not authorize the county to act on behalf of the unincorporated area in any matter not within a program under this section.''; and (2) in subsection (e), in the first sentence, by striking ``2021'' and inserting ``2026''. SEC. 50104. ASSISTANCE FOR SMALL AND DISADVANTAGED COMMUNITIES. (a) Existing Programs.--Section 1459A of the Safe Drinking Water Act (42 U.S.C. 300j-19a) is amended-- (1) in subsection (b)(2)-- (A) in subparagraph (B), by striking ``and'' at the end; (B) in subparagraph (C), by striking the period at the end and inserting a semicolon; and (C) by adding at the end the following: ``(D) the purchase of point-of-entry or point-of-use filters and filtration systems that are certified by a third party using science-based test methods for the removal of contaminants of concern; ``(E) investments necessary for providing accurate and current information about-- ``(i) the need for filtration and filter safety, including proper use and maintenance practices; and ``(ii) the options for replacing lead service lines (as defined in section 1459B(a)) and removing other sources of lead in water; and ``(F) entering into contracts, including contracts with nonprofit organizations that have water system technical expertise, to assist-- ``(i) an eligible entity; or [[Page 135 STAT. 1138]] ``(ii) the State of an eligible entity, on behalf of that eligible entity.''; (2) in subsection (c), in the matter preceding paragraph (1), by striking ``An eligible entity'' and inserting ``Except for purposes of subsections (j) and (m), an eligible entity''; (3) in subsection (g)(1), by striking ``to pay not less than 45 percent'' and inserting ``except as provided in subsection (l)(5) and subject to subsection (h), to pay not less than 10 percent''; (4) by striking subsection (k) and inserting the following: ``(k) Authorization of Appropriations.--There are authorized to be appropriated to carry out subsections (a) through (j)-- ``(1) $70,000,000 for fiscal year 2022; ``(2) $80,000,000 for fiscal year 2023; ``(3) $100,000,000 for fiscal year 2024; ``(4) $120,000,000 for fiscal year 2025; and ``(5) $140,000,000 for fiscal year 2026.''; and (5) in subsection (l)-- (A) in paragraph (2)-- (i) by striking ``The Administrator may'' and inserting ``The Administrator shall''; and (ii) by striking ``fiscal years 2019 and 2020'' and inserting ``fiscal years 2022 through 2026''; (B) in paragraph (5), by striking ``$4,000,000 for each of fiscal years 2019 and 2020'' and inserting ``$25,000,000 for each of fiscal years 2022 through 2026''; (C) by redesignating paragraph (5) as paragraph (6); and (D) by inserting after paragraph (4) the following: ``(5) Federal share for small, rural, and disadvantaged communities.-- ``(A) In general.--Subject to subparagraph (B), with respect to a program or project that serves an eligible entity and is carried out using a grant under this subsection, the Federal share of the cost of the program or project shall be 90 percent. ``(B) Waiver.--The Administrator may increase the Federal share under subparagraph (A) to 100 percent if the Administrator determines that an eligible entity is unable to pay, or would experience significant financial hardship if required to pay, the non-Federal share.''. (b) Connection to Public Water Systems.--Section 1459A of the Safe Drinking Water Act (42 U.S.C. 300j-19a) is amended by adding at the end the following: ``(m) Connection to Public Water Systems.-- ``(1) Definitions.--In this subsection: ``(A) Eligible entity.--The term `eligible entity' means-- ``(i) an owner or operator of a public water system that assists or is seeking to assist eligible individuals with connecting the household of the eligible individual to the public water system; or ``(ii) a nonprofit entity that assists or is seeking to assist eligible individuals with the costs associated with connecting the household of the eligible individual to a public water system. [[Page 135 STAT. 1139]] ``(B) Eligible individual.--The term `eligible individual' has the meaning given the term in section 603(j) of the Federal Water Pollution Control Act (33 U.S.C. 1383(j)). ``(C) Program.--The term `program' means the competitive grant program established under paragraph (2). ``(2) Establishment.--Subject to the availability of appropriations, the Administrator shall establish a competitive grant program for the purpose of improving the general welfare under which the Administrator awards grants to eligible entities to provide funds to assist eligible individuals in covering the costs incurred by the eligible individual in connecting the household of the eligible individual to a public water system. ``(3) Application.--An eligible entity seeking a grant under the program shall submit to the Administrator an application at such time, in such manner, and containing such information as the Administrator may require. ``(4) <<NOTE: Certification.>> Voluntary connection.-- Before providing funds to an eligible individual for the costs described in paragraph (2), an eligible entity shall ensure and certify to the Administrator that-- ``(A) the eligible individual is voluntarily seeking connection to the public water system; ``(B) if the eligible entity is not the owner or operator of the public water system to which the eligible individual seeks to connect, the public water system to which the eligible individual seeks to connect has agreed to the connection; and ``(C) the connection of the household of the eligible individual to the public water system meets all applicable local and State regulations, requirements, and codes. ``(5) Report.--Not later than 3 years after the date of enactment of this subsection, the Administrator shall submit to Congress a report that describes the implementation of the program, which shall include a description of the use and deployment of amounts made available under the program. ``(6) Authorization of appropriations.--There is authorized to be appropriated to carry out the program $20,000,000 for each of fiscal years 2022 through 2026.''. (c) Competitive Grant Pilot Program.--Section 1459A of the Safe Drinking Water Act (42 U.S.C. 300j-19a) (as amended by subsection (b)) is amended by adding at the end the following: ``(n) State Competitive Grants for Underserved Communities.-- ``(1) In general.--In addition to amounts authorized to be appropriated under subsection (k), there is authorized to be appropriated to carry out subsections (a) through (j) $50,000,000 for each of fiscal years 2022 through 2026 in accordance with paragraph (2). ``(2) Competitive grants.-- ``(A) In general.--Notwithstanding any other provision of this section, the Administrator shall distribute amounts made available under paragraph (1) to States through a competitive grant program. ``(B) Applications.--To seek a grant under the competitive grant program under subparagraph (A), a State [[Page 135 STAT. 1140]] shall submit to the Administrator an application at such time, in such manner, and containing such information as the Administrator may require. ``(C) Criteria.--In selecting recipients of grants under the competitive grant program under subparagraph (A), the Administrator shall establish criteria that give priority to States with a high proportion of underserved communities that meet the condition described in subsection (a)(2)(A). ``(3) Report.--Not later than 2 years after the date of enactment of this subsection, the Administrator shall submit to Congress a report that describes the implementation of the competitive grant program under paragraph (2)(A), which shall include a description of the use and deployment of amounts made available under the competitive grant program. ``(4) Savings provision.--Nothing in this paragraph affects the distribution of amounts made available under subsection (k), including any methods used by the Administrator for distribution of amounts made available under that subsection as in effect on the day before the date of enactment of this subsection.''. SEC. 50105. REDUCING LEAD IN DRINKING WATER. Section 1459B of the Safe Drinking Water Act (42 U.S.C. 300j-19b) is amended-- (1) in subsection (a)-- (A) in paragraph (1), by striking subparagraph (D) and inserting the following: ``(D) a qualified nonprofit organization with experience in lead reduction, as determined by the Administrator; and''; (B) in paragraph (2)(A)-- (i) in clause (i), by striking ``publicly owned''; and (ii) by striking clause (iii) and inserting the following: ``(iii) providing assistance to eligible entities to replace lead service lines, with priority for disadvantaged communities based on the affordability criteria established by the applicable State under section 1452(d)(3), low- income homeowners, and landlords or property owners providing housing to low-income renters.''; and (C) in paragraph (3), by striking ``an individual provided''; (2) in subsection (b)-- (A) in paragraph (5)-- (i) in subparagraph (A), by striking ``to provide assistance'' and all that follows through the period at the end and inserting ``to replace lead service lines, with first priority given to assisting disadvantaged communities based on the affordability criteria established by the applicable State under section 1452(d)(3), low- income homeowners, and landlords or property owners providing housing to low-income renters.''; and (ii) in subparagraph (B), by striking ``line'' and inserting ``lines''; and (B) in paragraph (6)-- [[Page 135 STAT. 1141]] (i) in subparagraph (A), by striking ``any publicly owned portion of''; (ii) in subparagraph (C), in the matter preceding clause (i)-- (I) by striking ``may'' and inserting ``shall''; (II) by inserting ``and may, for other homeowners,'' after ``low-income homeowner,''; and (III) by striking ``a cost that'' and all that follows through the semicolon at the end of clause (ii) and inserting ``no cost to the homeowner;''; (iii) in subparagraph (D), by striking ``and'' at the end; (iv) in subparagraph (E), by striking ``other options'' and all that follows through the period at the end and inserting ``feasible alternatives for reducing the concentration of lead in drinking water, such as corrosion control; and''; and (v) by adding at the end the following: ``(F) shall notify the State of any planned replacement of lead service lines under this program and coordinate, where practicable, with other relevant infrastructure projects.''; (3) in subsection (d)-- (A) by inserting ``(except for subsection (d))'' after ``this section''; and (B) by striking ``$60,000,000 for each of fiscal years 2017 through 2021'' and inserting ``$100,000,000 for each of fiscal years 2022 through 2026''; (4) by redesignating subsections (d) and (e) as subsections (e) and (f), respectively; and (5) by inserting after subsection (c) the following: ``(d) Lead Inventorying Utilization Grant Pilot Program.-- ``(1) Definitions.--In this subsection: ``(A) Eligible entity.--The term `eligible entity' means a municipality that is served by a community water system or a nontransient noncommunity water system in which not less than 30 percent of the service lines are known, or suspected, to contain lead, based on available data, information, or resources, including existing lead inventorying. ``(B) Pilot program.--The term `pilot program' means the pilot program established under paragraph (2). ``(2) Establishment.--The Administrator shall establish a pilot program under which the Administrator shall provide grants to eligible entities to carry out lead reduction projects that are demonstrated to exist or are suspected to exist, based on available data, information, or resources, including existing lead inventorying of those eligible entities. ``(3) Selection.-- ``(A) Application.--To be eligible to receive a grant under the pilot program, an eligible entity shall submit to the Administrator an application at such time, in such manner, and containing such information as the Administrator may require. ``(B) Prioritization.--In selecting recipients under the pilot program, the Administrator shall give priority to-- [[Page 135 STAT. 1142]] ``(i) an eligible entity that meets the affordability criteria of the applicable State established under section 1452(d)(3); and ``(ii) an eligible entity that is located in an area other than a State that has established affordability criteria under section 1452(d)(3). ``(4) Report.--Not later 2 years after the Administrator first awards a grant under the pilot program, the Administrator shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Energy and Commerce of the House of Representatives a report describing-- ``(A) the recipients of grants under the pilot program; ``(B) the existing lead inventorying that was available to recipients of grants under the pilot program; and ``(C) how useful and accurate the lead inventorying described in subparagraph (B) was in locating lead service lines of the eligible entity. ``(5) Authorization of appropriations.--There is authorized to be appropriated to carry out the pilot program $10,000,000, to remain available until expended.''. SEC. 50106. OPERATIONAL SUSTAINABILITY OF SMALL PUBLIC WATER SYSTEMS. Part E of the Safe Drinking Water Act (42 U.S.C. 300j et seq.) is amended by adding at the end the following: ``SEC. 1459E. <<NOTE: 42 USC 300j-19f.>> OPERATIONAL SUSTAINABILITY OF SMALL PUBLIC WATER SYSTEMS. ``(a) Definitions.--In this section: ``(1) Eligible entity.--The term `eligible entity' means-- ``(A) a State; ``(B) a unit of local government; ``(C) a public corporation established by a unit of local government to provide water service; ``(D) a nonprofit corporation, public trust, or cooperative association that owns or operates a public water system; ``(E) an Indian Tribe that owns or operates a public water system; ``(F) a nonprofit organization that provides technical assistance to public water systems; and ``(G) a Tribal consortium. ``(2) Operational sustainability.--The term `operational sustainability' means the ability to improve the operation of a small system through the identification and prevention of potable water loss due to leaks, breaks, and other metering or infrastructure failures. ``(3) Program.--The term `program' means the grant program established under subsection (b). ``(4) Small system.--The term `small system', for the purposes of this section, means a public water system that-- ``(A) serves fewer than 10,000 people; and ``(B) is owned or operated by-- ``(i) a unit of local government; ``(ii) a public corporation; ``(iii) a nonprofit corporation; ``(iv) a public trust; ``(v) a cooperative association; or ``(vi) an Indian Tribe. [[Page 135 STAT. 1143]] ``(b) Establishment.--Subject to the availability of appropriations, the Administrator shall establish a program to award grants to eligible entities for the purpose of improving the operational sustainability of 1 or more small systems. ``(c) Applications.--To be eligible to receive a grant under the program, an eligible entity shall submit to the Administrator an application at such time, in such manner, and containing such information as the Administrator may require, including-- ``(1) <<NOTE: Proposal.>> a proposal of the project to be carried out using grant funds under the program; ``(2) documentation provided by the eligible entity describing the deficiencies or suspected deficiencies in operational sustainability of 1 or more small systems that are to be addressed through the proposed project; ``(3) a description of how the proposed project will improve the operational sustainability of 1 or more small systems; ``(4) <<NOTE: Plan.>> a description of how the improvements described in paragraph (3) will be maintained beyond the life of the proposed project, including a plan to maintain and update any asset data collected as a result of the proposed project; and ``(5) any additional information the Administrator may require. ``(d) <<NOTE: Records. Contracts.>> Additional Required Information.--Before the award of funds for a grant under the program to a grant recipient, the grant recipient shall submit to the Administrator-- ``(1) if the grant recipient is located in a State that has established a State drinking water treatment revolving loan fund under section 1452, a copy of a written agreement between the grant recipient and the State in which the grant recipient agrees to provide a copy of any data collected under the proposed project to the State agency administering the State drinking water treatment revolving loan fund (or a designee); or ``(2) if the grant recipient is located in an area other than a State that has established a State drinking water treatment revolving loan fund under section 1452, a copy of a written agreement between the grant recipient and the Administrator in which the eligible entity agrees to provide a copy of any data collected under the proposed project to the Administrator (or a designee). ``(e) Use of Funds.--An eligible entity that receives a grant under the program shall use the grant funds to carry out projects that improve the operational sustainability of 1 or more small systems through-- ``(1) the development of a detailed asset inventory, which may include drinking water sources, wells, storage, valves, treatment systems, distribution lines, hydrants, pumps, controls, and other essential infrastructure; ``(2) the development of an infrastructure asset map, including a map that uses technology such as-- ``(A) geographic information system software; and ``(B) global positioning system software; ``(3) the deployment of leak detection technology; ``(4) the deployment of metering technology; ``(5) training in asset management strategies, techniques, and technologies for appropriate staff employed by-- ``(A) the eligible entity; or [[Page 135 STAT. 1144]] ``(B) the small systems for which the grant was received; ``(6) the deployment of strategies, techniques, and technologies to enhance the operational sustainability and effective use of water resources through water reuse; and ``(7) the development or deployment of other strategies, techniques, or technologies that the Administrator may determine to be appropriate under the program. ``(f) Cost Share.-- ``(1) In general.--Subject to paragraph (2), the Federal share of the cost of a project carried out using a grant under the program shall be 90 percent of the total cost of the project. ``(2) Waiver.--The Administrator may increase the Federal share under paragraph (1) to 100 percent. ``(g) Report.--Not later than 2 years after the date of enactment of this section, the Administrator shall submit to Congress a report that describes the implementation of the program, which shall include a description of the use and deployment of amounts made available under the program. ``(h) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $50,000,000 for each of fiscal years 2022 through 2026.''. SEC. 50107. MIDSIZE AND LARGE DRINKING WATER SYSTEM INFRASTRUCTURE RESILIENCE AND SUSTAINABILITY PROGRAM. Part E of the Safe Drinking Water Act (42 U.S.C. 300j et seq.) (as amended by section 50106) is amended by adding at the end the following: ``SEC. 1459F. <<NOTE: 42 USC 300j-19g.>> MIDSIZE AND LARGE DRINKING WATER SYSTEM INFRASTRUCTURE RESILIENCE AND SUSTAINABILITY PROGRAM. ``(a) Definitions.--In this section: ``(1) Eligible entity.--The term `eligible entity' means a public water system that serves a community with a population of 10,000 or more. ``(2) Natural hazard; resilience.--The terms `resilience' and `natural hazard' have the meanings given those terms in section 1433(h). ``(3) Resilience and sustainability program.--The term `resilience and sustainability program' means the Midsize and Large Drinking Water System Infrastructure Resilience and Sustainability Program established under subsection (b). ``(b) <<NOTE: Grants.>> Establishment.--The Administrator shall establish and carry out a program, to be known as the `Midsize and Large Drinking Water System Infrastructure Resilience and Sustainability Program', under which the Administrator, subject to the availability of appropriations for the resilience and sustainability program, shall award grants to eligible entities for the purpose of-- ``(1) increasing resilience to natural hazards and extreme weather events; and ``(2) reducing cybersecurity vulnerabilities. ``(c) Use of Funds.--An eligible entity may only use grant funds received under the resilience and sustainability program to [[Page 135 STAT. 1145]] assist in the planning, design, construction, implementation, operation, or maintenance of a program or project that increases resilience to natural hazards and extreme weather events, or reduces cybersecurity vulnerabilities, through-- ``(1) the conservation of water or the enhancement of water- use efficiency; ``(2) the modification or relocation of existing drinking water system infrastructure made, or that is at risk of being, significantly impaired by natural hazards or extreme weather events, including risks to drinking water from flooding; ``(3) the design or construction of new or modified desalination facilities to serve existing communities; ``(4) the enhancement of water supply through the use of watershed management and source water protection; ``(5) the enhancement of energy efficiency or the use and generation of renewable energy in the conveyance or treatment of drinking water; ``(6) the development and implementation of measures-- ``(A) to increase the resilience of the eligible entity to natural hazards and extreme weather events; or ``(B) to reduce cybersecurity vulnerabilities; ``(7) the conservation of water or the enhancement of a water supply through the implementation of water reuse measures; or ``(8) the formation of regional water partnerships to collaboratively address documented water shortages. ``(d) Application.--To seek a grant under the resilience and sustainability program, an eligible entity shall submit to the Administrator an application at such time, in such manner, and containing such information as the Administrator may require, including-- ``(1) <<NOTE: Proposal.>> a proposal of the program or project to be planned, designed, constructed, implemented, operated, or maintained by the eligible entity; ``(2) an identification of the natural hazard risks, extreme weather events, or potential cybersecurity vulnerabilities, as applicable, to be addressed by the proposed program or project; ``(3) documentation prepared by a Federal, State, regional, or local government agency of the natural hazard risk, potential cybersecurity vulnerability, or risk for extreme weather events to the area where the proposed program or project is to be located; ``(4) a description of any recent natural hazards, cybersecurity events, or extreme weather events that have affected the community water system of the eligible entity; ``(5) a description of how the proposed program or project would improve the performance of the community water system of the eligible entity under the anticipated natural hazards, cybersecurity vulnerabilities, or extreme weather events; and ``(6) an explanation of how the proposed program or project is expected-- ``(A) to enhance the resilience of the community water system of the eligible entity to the anticipated natural hazards or extreme weather events; or ``(B) to reduce cybersecurity vulnerabilities. ``(e) Report.--Not later than 2 years after the date of enactment of this section, the Administrator shall submit to Congress a report [[Page 135 STAT. 1146]] that describes the implementation of the resilience and sustainability program, which shall include a description of the use and deployment of amounts made available to carry out the resilience and sustainability program. ``(f) Authorization of Appropriations.-- ``(1) In general.--There is authorized to be appropriated to carry out the resilience and sustainability program $50,000,000 for each of fiscal years 2022 through 2026. ``(2) Use of funds.--Of the amounts made available under paragraph (1) for grants to eligible entities under the resilience and sustainability program-- ``(A) 50 percent shall be used to provide grants to eligible entities that serve a population of-- ``(i) equal to or greater than 10,000; and ``(ii) fewer than 100,000; and ``(B) 50 percent shall be used to provide grants to eligible entities that serve a population equal to or greater than 100,000. ``(3) Administrative costs.--Of the amounts made available under paragraph (1), not more than 2 percent may be used by the Administrator for the administrative costs of carrying out the resilience and sustainability program.''. SEC. 50108. <<NOTE: 42 USC 300j-19a note.>> NEEDS ASSESSMENT FOR NATIONWIDE RURAL AND URBAN LOW-INCOME COMMUNITY WATER ASSISTANCE. (a) Definitions.--In this section and section 50109: (1) Community water system.--The term ``community water system'' has the meaning given the term in section 1401 of the Safe Drinking Water Act (42 U.S.C. 300f). (2) Large water service provider.--The term ``large water service provider'' means a community water system, treatment works, or municipal separate storm sewer system that serves more than 100,000 people. (3) Medium water service provider.--The term ``medium water service provider'' means a community water system, treatment works, or municipal separate storm sewer system that serves more than 10,000 people and not more than 100,000 people. (4) Need.--The term ``need'', with respect to a qualifying household, means the expenditure of a disproportionate amount of household income on access to public drinking water or wastewater services. (5) Qualifying household.--The term ``qualifying household'' means a household that-- (A) includes an individual who is-- (i) the holder of an account for drinking water or wastewater service that is provided to that household by a large water service provider, a medium water service provider, or a rural water service provider; or (ii) separately billed by a landlord that holds an account with a large water service provider, a medium water service provider, or a rural water service provider for the cost of drinking water or wastewater service provided to that household by the respective large water service provider, medium water service provider, or rural water service provider; and [[Page 135 STAT. 1147]] (B) is determined-- (i) by a large water service provider, a medium water service provider, or a rural water service provider to be eligible for assistance through a low-income ratepayer assistance program; (ii) by the Governor of the State in which the household is located to be low-income, based on the affordability criteria established by the State under section 1452(d)(3) of the Safe Drinking Water Act (42 U.S.C. 300j-12(d)(3)); (iii) by the Administrator to experience drinking water and wastewater service costs that exceed the metrics of affordability established in the most recent guidance of the Administrator entitled ``Financial Capability Assessment Guidance''; or (iv) in the case of a household serviced by a rural water service provider, by the State in which the household is located to have an annual income that does not exceed the greater of-- (I) an amount equal to 150 percent of the poverty level of that State; and (II) an amount equal to 60 percent of the State median income for that State. (6) Rural water service provider.--The term ``rural water service provider'' means a community water system, treatment works, or municipal separate storm sewer system that serves not more than 10,000 people. (7) Treatment works.--The term ``treatment works'' has the meaning given the term in section 212 of the Federal Water Pollution Control Act (33 U.S.C. 1292). (b) Study; Report.-- (1) In general.--The Administrator shall conduct, and submit to Congress a report describing the results of, a study that examines the prevalence throughout the United States of municipalities, public entities, or Tribal governments that-- (A) are serviced by rural water service providers, medium water service providers, or large water service providers that service a disproportionate percentage, as determined by the Administrator, of qualifying households with need; or (B) <<NOTE: Determination.>> as determined by the Administrator, have taken on an unsustainable level of debt due to customer nonpayment for the services provided by a large water service provider, a medium water service provider, or a rural water service provider. (2) Affordability inclusions.--The report under paragraph (1) shall include-- (A) a definition of the term ``affordable access to water services''; (B) a description of the criteria used in defining ``affordable access to water services'' under subparagraph (A); (C) a definition of the term ``lack of affordable access to water services''; (D) a description of the methodology and criteria used in defining ``lack of affordable access to water services'' under subparagraph (C); [[Page 135 STAT. 1148]] (E) <<NOTE: Determination.>> a determination of the prevalence of a lack of affordable access to water services, as defined under subparagraph (C); (F) <<NOTE: Criteria.>> the methodology and criteria used to determine the prevalence of a lack of affordable access to water services under subparagraph (E); (G) any additional information with respect to the affordable access to water services, as defined under subparagraph (A), provided by rural water service providers, medium water service providers, and large water service providers; (H) <<NOTE: Consultation.>> with respect to the development of the report, a consultation with all relevant stakeholders, including rural advocacy associations; (I) <<NOTE: Recommenda- tions.>> recommendations of the Administrator regarding the best methods to reduce the prevalence of a lack of affordable access to water services, as defined under subparagraph (C); and (J) a description of the cost of each method described in subparagraph (I). (3) <<NOTE: Contracts.>> Agreements.--The Administrator may enter into an agreement with another Federal agency to carry out the study under paragraph (1). SEC. 50109. RURAL AND LOW-INCOME WATER ASSISTANCE PILOT PROGRAM. (a) Definitions.--In this section: (1) Eligible entity.--The term ``eligible entity'' means-- (A) a municipality, Tribal government, or other entity that-- (i) owns or operates a community water system, treatment works, or municipal separate storm sewer system; or (ii) as determined by the Administrator, has taken on an unsustainable level of debt due to customer nonpayment for the services provided by a community water system, treatment works, or municipal separate storm sewer system; and (B) a State exercising primary enforcement responsibility over a rural water service provider under the Safe Drinking Water Act (42 U.S.C. 300f et seq.) or the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.), as applicable. (2) Pilot program.--The term ``pilot program'' means the pilot program established by the Administrator under subsection (b)(1). (3) Water services needs assessment.--The term ``water services needs assessment'' means the report required under section 50108(b)(1). (b) Establishment.-- (1) <<NOTE: Grants.>> In general.--Not later than 2 years after the date of enactment of this Act, the Administrator shall establish a pilot program to award grants to eligible entities to develop and implement programs to assist qualifying households with need in maintaining access to drinking water and wastewater treatment. [[Page 135 STAT. 1149]] (2) Requirement.--In establishing the pilot program, the Administrator shall ensure that data from the water services needs assessment directly contributes to the structure of the pilot program by informing the types of assistance and criteria used for priority consideration with the demonstrated need from the study conducted under section 50108(b)(1) and the water services needs assessment. (3) Use of funds limitations.--A grant under the pilot program-- (A) shall not be used to replace funds for any existing similar program; but (B) may be used to supplement or enhance an existing program, including a program that receives assistance from other Federal grants. (4) Term.--The term of a grant awarded under the pilot program shall be subject to the availability of appropriations. (5) Types of assistance.--In establishing the pilot program, the Administrator may include provisions for-- (A) direct financial assistance; (B) a lifeline rate; (C) bill discounting; (D) special hardship provisions; (E) a percentage-of-income payment plan; or (F) debt relief for the eligible entity or the community water system owned by the eligible entity for debt that is due to customer nonpayment for the services provided by the eligible entity or the community water system that is determined by the Administrator to be in the interest of public health. (6) Requirement.--The Administrator shall award not more than 40 grants under the pilot program, of which-- (A) not more than 8 shall be to eligible entities that own, operate, or exercise primary enforcement responsibility over a rural water service provider under the Safe Drinking Water Act (42 U.S.C. 300f et seq.) or the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.), as applicable; (B) not more than 8 shall be to eligible entities that own or operate a medium water service provider; (C) not more than 8 shall be to eligible entities that own or operate a large water service provider that serves not more than 500,000 people; (D) not more than 8 shall be to eligible entities that own or operate a large water service provider that serves more than 500,000 people; and (E) not more than 8 shall be to eligible entities that own or operate a community water system, treatment works, or municipal separate storm sewer system that services a disadvantaged community (consistent with the affordability criteria established by the applicable State under section 1452(d)(3) of the Safe Drinking Water Act (42 U.S.C. 300j-12(d)(3)) or section 603(i)(2) of the Federal Water Pollution Control Act (33 U.S.C. 1383(i)(2)), as applicable). (7) Criteria.--In addition to any priority criteria established by the Administrator in response to the findings in the water services needs assessment, in awarding grants under [[Page 135 STAT. 1150]] the pilot program, the Administrator shall give priority consideration to eligible entities that-- (A) serve a disproportionate percentage, as determined by the Administrator, of qualifying households with need, as identified in the water services needs assessment; (B) are subject to State or Federal enforcement actions relating to compliance with the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.) or the Safe Drinking Water Act (42 U.S.C. 300f et seq.); or (C) maintain or participate in an existing community assistance program with objectives similar to the objectives of the pilot program, as determined by the Administrator. (8) Reporting requirements.-- (A) <<NOTE: Summary. Determination.>> In general.-- In addition to any other applicable Federal or agency- specific grant reporting requirements, as a condition of receiving a grant under the pilot program, an eligible entity (or a State, on behalf of an eligible entity) shall submit to the Administrator an annual report that summarizes, in a manner determined by the Administrator, the use of grant funds by the eligible entity, including-- (i) key features of the assistance provided by the eligible entity; (ii) sources of funding used to supplement Federal funds; and (iii) eligibility criteria. (B) Publication.--The Administrator shall publish each report submitted under subparagraph (A). (c) Technical Assistance.--The Administrator shall provide technical assistance to each eligible entity, and each State, on behalf of an eligible entity, that receives a grant under the pilot program to support implementation of the program. (d) Report.--Not later than 2 years after the date on which grant funds are first disbursed to an eligible entity (or a State, on behalf of an eligible entity) under the program, and every year thereafter for the duration of the terms of the grants, the Administrator shall submit to Congress a report on the results of the pilot program. SEC. 50110. LEAD CONTAMINATION IN SCHOOL DRINKING WATER. Section 1464 of the Safe Drinking Water Act (42 U.S.C. 300j-24) is amended-- (1) in subsection (b)-- (A) in the first sentence, by inserting ``public water systems and'' after ``to assist''; and (B) in the third sentence, by inserting ``public water systems,'' after ``schools,''; and (2) in subsection (d)-- (A) in the subsection heading, by inserting ``and Reduction'' after ``Lead Testing''; (B) in paragraph (2)-- (i) in subparagraph (A), by striking ``the Administrator'' and all that follows through the period at the end and inserting the following: ``the Administrator shall establish a voluntary school and child care program lead testing, compliance monitoring, and lead reduction grant program to make grants available to-- [[Page 135 STAT. 1151]] ``(i) States to assist local educational agencies, public water systems that serve schools and child care programs under the jurisdiction of those local educational agencies, and qualified nonprofit organizations in voluntary testing or compliance monitoring for and remediation of lead contamination in drinking water at schools and child care programs under the jurisdiction of those local educational agencies; and ``(ii) tribal consortia to assist tribal education agencies (as defined in section 3 of the National Environmental Education Act (20 U.S.C. 5502)), public water systems that serve schools and child care programs under the jurisdiction of those tribal education agencies, and qualified nonprofit organizations in voluntary testing or compliance monitoring for and remediation of lead contamination in drinking water at schools and child care programs under the jurisdiction of those tribal education agencies.''; and (ii) in subparagraph (B)-- (I) in the matter preceding clause (i), by inserting ``or compliance monitoring for or remediation of lead contamination'' after ``voluntary testing''; (II) in clause (i), by striking ``or'' at the end; (III) in clause (ii), by striking the period at the end and inserting a semicolon; and (IV) by adding at the end the following: ``(iii) any public water system that is located in a State that does not participate in the voluntary grant program established under subparagraph (A) that-- ``(I) assists schools or child care programs in lead testing; ``(II) assists schools or child care programs with compliance monitoring; ``(III) assists schools with carrying out projects to remediate lead contamination in drinking water; or ``(IV) provides technical assistance to schools or child care programs in carrying out lead testing; or ``(iv) a qualified nonprofit organization, as determined by the Administrator.''; (C) in paragraphs (3), (5), (6), and (7), by striking ``State or local educational agency'' each place it appears and inserting ``State, local educational agency, public water system, tribal consortium, or qualified nonprofit organization''; (D) in paragraph (4)-- (i) by striking ``States and local educational agencies'' and inserting ``States, local educational agencies, public water systems, tribal consortia, and qualified nonprofit organizations''; and (ii) by inserting ``or the remediation of'' after ``testing for''; (E) in paragraph (6)-- (i) in the matter preceding subparagraph (A)-- [[Page 135 STAT. 1152]] (I) by striking ``State or local educational agency'' and inserting ``State, local educational agency, public water system, tribal consortium, or qualified nonprofit agency''; and (II) by inserting ``, public water system, tribal consortium, or qualified nonprofit organization'' after ``each local educational agency''; (ii) in subparagraph (A)(ii)-- (I) by inserting ``or tribal'' after ``applicable State''; and (II) by striking ``reducing lead'' and inserting ``voluntary testing or compliance monitoring for and remediation of lead contamination''; and (iii) in subparagraph (B)(i), by inserting ``applicable'' before ``local educational agency''; (F) in paragraph (7), by striking ``testing for'' and inserting ``testing or compliance monitoring for or remediation of''; and (G) by striking paragraph (8) and inserting the following: ``(8) Authorization of appropriations.--There are authorized to be appropriated to carry out this subsection-- ``(A) $30,000,000 for fiscal year 2022; ``(B) $35,000,000 for fiscal year 2023; ``(C) $40,000,000 for fiscal year 2024; ``(D) $45,000,000 for fiscal year 2025; and ``(E) $50,000,000 for fiscal year 2026.''. SEC. 50111. INDIAN RESERVATION DRINKING WATER PROGRAM. Section 2001 of the America's Water Infrastructure Act of 2018 (42 U.S.C. 300j-3c note; Public Law 115-270) is amended-- (1) in subsection (a)-- (A) in the matter preceding paragraph (1), by striking ``Subject to the availability of appropriations, the Administrator of the Environmental Protection Agency'' and inserting ``The Administrator of the Environmental Protection Agency (referred to in this section as the `Administrator')''; and (B) by striking ``to implement'' in the matter preceding paragraph (1) and all that follows through the period at the end of paragraph (2) and inserting ``to implement eligible projects described in subsection (b).''; (2) in subsection (b), by striking paragraph (2) and inserting the following: ``(2) that will-- ``(A) improve water quality, water pressure, or water services through means such as connecting to, expanding, repairing, improving, or obtaining water from a public water system (as defined in section 1401 of the Safe Drinking Water Act (42 U.S.C. 300f)); or ``(B) improve water quality or sanitation or wastewater services at a treatment works (as defined in section 212 of the Federal Water Pollution Control Act (33 U.S.C. 1292)).''; (3) by redesignating subsection (d) as subsection (g); (4) by striking subsection (c) and inserting the following: ``(c) Required Projects.-- [[Page 135 STAT. 1153]] ``(1) In general.--If sufficient projects exist, of the funds made available to carry out this section, the Administrator shall use 50 percent to carry out-- ``(A) 10 eligible projects described in subsection (b) that are within the Upper Missouri River Basin; ``(B) 10 eligible projects described in subsection (b) that are within the Upper Rio Grande Basin; ``(C) 10 eligible projects described in subsection (b) that are within the Columbia River Basin; ``(D) 10 eligible projects described in subsection (b) that are within the Lower Colorado River Basin; and ``(E) 10 eligible projects described in subsection (b) that are within the Arkansas-White-Red River Basin. ``(2) Requirement.--In carrying out paragraph (1)(A), the Administrator shall select not fewer than 2 eligible projects for a reservation that serves more than 1 federally recognized Indian Tribe. ``(d) Priority.--In selecting projects to carry out under this section, the Administrator shall give priority to projects that-- ``(1) respond to emergency situations occurring due to or resulting in a lack of access to clean drinking water that threatens the health of Tribal populations; ``(2) would serve a Tribal population that would qualify as a disadvantaged community based on the affordability criteria established by the applicable State under section 1452(d)(3) of the Safe Drinking Water Act (42 U.S.C. 300j-12(d)(3)); or ``(3) would address the underlying factors contributing to-- ``(A) an enforcement action commenced pursuant to the Safe Drinking Water Act (42 U.S.C. 300f et seq.) against the applicable public water system (as defined in section 1401 of that Act (42 U.S.C. 300f)) as of the date of enactment of this subparagraph; or ``(B) an enforcement action commenced pursuant to the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.) against the applicable treatment works (as defined in section 212 of that Act (33 U.S.C. 1292)) as of the date of enactment of this subparagraph. ``(e) Federal Share.--The Federal share of the cost of a project carried out under this section shall be 100 percent. ``(f) Report.--Not later than 2 years after the date of enactment of this subsection, the Administrator shall submit to Congress a report that describes the implementation of the program established under subsection (a), which shall include a description of the use and deployment of amounts made available under that program.''; and (5) in subsection (g) (as so redesignated)-- (A) by striking ``There is'' and inserting ``There are''; (B) by striking ``subsection (a) $20,000,000'' and inserting the following: ``subsection (a)-- ``(1) $20,000,000''; (C) in paragraph (1) (as so designated), by striking ``2022.'' and inserting ``2021; and''; and (D) by adding at the end the following: ``(2) $50,000,000 for each of fiscal years 2022 through 2026.''. [[Page 135 STAT. 1154]] SEC. 50112. ADVANCED DRINKING WATER TECHNOLOGIES. Part E of the Safe Drinking Water Act (42 U.S.C. 300j et seq.) (as amended by section 50107) is amended by adding at the end the following: ``SEC. 1459G. <<NOTE: 42 USC 300j-19h.>> ADVANCED DRINKING WATER TECHNOLOGIES. ``(a) Study.-- ``(1) In general.--Subject to the availability of appropriations, not later than 1 year after the date of enactment of this section, the Administrator shall carry out a study that examines the state of existing and potential future technology, including technology that could address cybersecurity vulnerabilities, that enhances or could enhance the treatment, monitoring, affordability, efficiency, and safety of drinking water provided by a public water system. ``(2) Report.--The Administrator shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Energy and Commerce of the House of Representatives a report that describes the results of the study under paragraph (1). ``(b) Advanced Drinking Water Technology Grant Program.-- ``(1) Definitions.--In this subsection: ``(A) Eligible entity.--The term `eligible entity' means the owner or operator of a public water system that-- ``(i) serves-- ``(I) a population of not more than 100,000 people; or ``(II) a community described in section 1459A(c)(2); ``(ii) has plans to identify or has identified opportunities in the operations of the public water system to employ new, existing, or emerging, yet proven, technologies, including technology that could address cybersecurity vulnerabilities, as determined by the Administrator, that enhance treatment, monitoring, affordability, efficiency, or safety of the drinking water provided by the public water system, including technologies not identified in the study conducted under subsection (a)(1); and ``(iii) has expressed an interest in the opportunities in the operation of the public water system to employ new, existing, or emerging, yet proven, technologies, including technology that could address cybersecurity vulnerabilities, as determined by the Administrator, that enhance treatment, monitoring, affordability, efficiency, or safety of the drinking water provided by the public water system, including technologies not identified in the study conducted under subsection (a)(1). ``(B) Program.--The term `program' means the competitive grant program established under paragraph (2). ``(2) Establishment.--The Administrator shall establish a competitive grant program under which the Administrator [[Page 135 STAT. 1155]] shall award grants to eligible entities for the purpose of identifying, deploying, or identifying and deploying technologies described in paragraph (1)(A)(ii). ``(3) Requirements.-- ``(A) Applications.--To be eligible to receive a grant under the program, an eligible entity shall submit to the Administrator an application at such time, in such manner, and containing such information as the Administrator may require. ``(B) Federal share.-- ``(i) In general.--Subject to clause (ii), the Federal share of the cost of a project carried out using a grant under the program shall not exceed 90 percent of the total cost of the project. ``(ii) Waiver.--The Administrator may increase the Federal share under clause (i) to 100 percent if the Administrator determines that an eligible entity is unable to pay, or would experience significant financial hardship if required to pay, the non-Federal share. ``(4) Report.--Not later than 2 years after the date on which the Administrator first awards a grant under the program, and annually thereafter, the Administrator shall submit to Congress a report describing-- ``(A) <<NOTE: Time period.>> each recipient of a grant under the program during the previous 1-year period; and ``(B) <<NOTE: Summary.>> a summary of the activities carried out using grants awarded under the program. ``(5) Funding.-- ``(A) Authorization of appropriations.--There is authorized to be appropriated to carry out the program $10,000,000 for each of fiscal years 2022 through 2026, to remain available until expended. ``(B) Administrative costs.--Not more than 2 percent of the amount made available for a fiscal year under subparagraph (A) to carry out the program may be used by the Administrator for the administrative costs of carrying out the program.''. SEC. 50113. CYBERSECURITY SUPPORT FOR PUBLIC WATER SYSTEMS. Part B of the Safe Drinking Water Act (42 U.S.C. 300g et seq.) is amended by adding at the end the following: ``SEC. 1420A. <<NOTE: 42 USC 300g-10.>> CYBERSECURITY SUPPORT FOR PUBLIC WATER SYSTEMS. ``(a) Definitions.--In this section: ``(1) Appropriate congressional committees.--The term `appropriate Congressional committees' means-- ``(A) the Committee on Environment and Public Works of the Senate; ``(B) the Committee on Homeland Security and Governmental Affairs of the Senate; ``(C) the Committee on Energy and Commerce of the House of Representatives; and ``(D) the Committee on Homeland Security of the House of Representatives. ``(2) Director.--The term `Director' means the Director of the Cybersecurity and Infrastructure Security Agency. ``(3) Incident.--The term `incident' has the meaning given the term in section 3552 of title 44, United States Code. [[Page 135 STAT. 1156]] ``(4) Prioritization framework.--The term `Prioritization Framework' means the prioritization framework developed by the Administrator under subsection (b)(1)(A). ``(5) Support plan.--The term `Support Plan' means the Technical Cybersecurity Support Plan developed by the Administrator under subsection (b)(2)(A). ``(b) Identification of and Support for Public Water Systems.-- ``(1) Prioritization framework.-- ``(A) <<NOTE: Deadline. Coordination.>> In general.--Not later than 180 days after the date of enactment of this section, the Administrator, in coordination with the Director, shall develop a prioritization framework to identify public water systems (including sources of water for those public water systems) that, if degraded or rendered inoperable due to an incident, would lead to significant impacts on the health and safety of the public. ``(B) Considerations.--In developing the Prioritization Framework, to the extent practicable, the Administrator shall incorporate consideration of-- ``(i) whether cybersecurity vulnerabilities for a public water system have been identified under section 1433; ``(ii) the capacity of a public water system to remediate a cybersecurity vulnerability without additional Federal support; ``(iii) whether a public water system serves a defense installation or critical national security asset; and ``(iv) whether a public water system, if degraded or rendered inoperable due to an incident, would cause a cascading failure of other critical infrastructure. ``(2) Technical cybersecurity support plan.-- ``(A) <<NOTE: Deadline. Coordination.>> In general.--Not later than 270 days after the date of enactment of this section, the Administrator, in coordination with the Director and using existing authorities of the Administrator and the Director for providing voluntary support to public water systems and the Prioritization Framework, shall develop a Technical Cybersecurity Support Plan for public water systems. ``(B) Requirements.--The Support Plan-- ``(i) shall establish a methodology for identifying specific public water systems for which cybersecurity support should be prioritized; ``(ii) <<NOTE: Timeline.>> shall establish timelines for making voluntary technical support for cybersecurity available to specific public water systems; ``(iii) <<NOTE: Coordination.>> may include public water systems identified by the Administrator, in coordination with the Director, as needing technical support for cybersecurity; ``(iv) shall include specific capabilities of the Administrator and the Director that may be utilized to provide support to public water systems under the Support Plan, including-- ``(I) site vulnerability and risk assessments; ``(II) penetration tests; and [[Page 135 STAT. 1157]] ``(III) any additional support determined to be appropriate by the Administrator; and ``(v) shall only include plans for providing voluntary support to public water systems. ``(3) Consultation required.--In developing the Prioritization Framework pursuant to paragraph (1) and the Support Plan pursuant to paragraph (2), the Administrator shall consult with such Federal or non-Federal entities as determined to be appropriate by the Administrator. ``(4) Reports required.-- ``(A) Prioritization framework.--Not later than 190 days after the date of enactment of this section, the Administrator shall submit to the appropriate Congressional committees a report describing the Prioritization Framework. ``(B) Technical cybersecurity support plan.--Not later than 280 days after the date of enactment of this section, the Administrator shall submit to the appropriate Congressional committees-- ``(i) the Support Plan; and ``(ii) a list describing any public water systems identified by the Administrator, in coordination with the Director, as needing technical support for cybersecurity during the development of the Support Plan. ``(c) Rules of Construction.--Nothing in this section-- ``(1) alters the existing authorities of the Administrator; or ``(2) compels a public water system to accept technical support offered by the Administrator.''. SEC. 50114. STATE RESPONSE TO CONTAMINANTS. Section 1459A(j)(1) of the Safe Drinking Water Act (42 U.S.C. 300j- 19a(j)(1)) is amended-- (1) in the matter preceding subparagraph (A), by striking ``an underserved community'' and inserting ``a community described in subsection (c)(2)''; and (2) in subparagraph (A)(i), by striking ``such underserved'' and inserting ``that''. SEC. 50115. <<NOTE: 42 USC 300j-18a.>> ANNUAL STUDY ON BOIL WATER ADVISORIES. (a) <<NOTE: Deadline.>> In General.--Not later than 1 year after the date of enactment of this Act, and annually thereafter, the Administrator shall conduct a study on the prevalence of boil water advisories issued in the United States. (b) Report.-- (1) In general.--The Administrator shall submit to Congress a report describing the results of the most recent study conducted under subsection (a) as part of the annual budget request transmitted to Congress under section 1105(a) of title 31, United States Code. (2) Requirement.--In the annual report required under paragraph (1), the Administrator shall include a description of the reasons for which boil water advisories were issued during the year covered by the report. [[Page 135 STAT. 1158]] TITLE II--CLEAN WATER SEC. 50201. RESEARCH, INVESTIGATIONS, TRAINING, AND INFORMATION. (a) Reauthorization.--Section 104(u) of the Federal Water Pollution Control Act (33 U.S.C. 1254(u)) is amended-- (1) by striking ``and (7)'' and inserting ``(7)''; and (2) in paragraph (7)-- (A) by striking ``2023'' and inserting ``2021''; and (B) by striking the period at the end and inserting ``; and (8) not to exceed $75,000,000 for each of fiscal years 2022 through 2026 for carrying out subsections (b)(3), (b)(8), and (g), of which not less than $50,000,000 each fiscal year shall be used to carry out subsection (b)(8).''. (b) <<NOTE: Consultation. 33 USC 1254 note.>> Communication.--Each nonprofit organization that receives funding under paragraph (8) of section 104(b) of the Federal Water Pollution Control Act (33 U.S.C. 1254(b)) shall, before using that funding to undertake activities to carry out that paragraph, consult with the State in which the assistance is to be expended or otherwise made available. (c) Report.--Not later than 2 years after the date of enactment of this Act, the Administrator shall submit to Congress a report that describes the implementation of the grants authorized under subsections (b)(3), (b)(8), and (g) of section 104 of the Federal Water Pollution Control Act (33 U.S.C. 1254), which shall include a description of the grant recipients and grant amounts made available to carry out those subsections. SEC. 50202. WASTEWATER EFFICIENCY GRANT PILOT PROGRAM. Title II of the Federal Water Pollution Control Act (33 U.S.C. 1281 et seq.) is amended by adding at the end the following: ``SEC. 222. <<NOTE: 33 USC 1302.>> WASTEWATER EFFICIENCY GRANT PILOT PROGRAM. ``(a) Establishment.--Subject to the availability of appropriations, the Administrator shall establish a wastewater efficiency grant pilot program (referred to in this section as the `pilot program') to award grants to owners or operators of publicly owned treatment works to carry out projects that create or improve waste-to-energy systems. ``(b) Selection.-- ``(1) Applications.--To be eligible to receive a grant under the pilot program, an owner or operator of a treatment works shall submit to the Administrator an application at such time, in such manner, and containing such information as the Administrator may require. ``(2) Number of recipients.--The Administrator shall select not more than 15 recipients of grants under the pilot program from applications submitted under paragraph (1). ``(c) Use of Funds.-- ``(1) In general.--Subject to paragraph (2), a recipient of a grant under the pilot program may use grant funds for-- ``(A) sludge collection; ``(B) installation of anaerobic digesters; ``(C) methane capture; ``(D) methane transfer; ``(E) facility upgrades and retrofits necessary to create or improve waste-to-energy systems; and [[Page 135 STAT. 1159]] ``(F) other new and emerging, but proven, technologies that transform waste to energy. ``(2) Limitation.--A grant to a recipient under the pilot program shall be not more than $4,000,000. ``(d) Reports.-- ``(1) Report to the administrator.--Not later than 2 years after receiving a grant under the pilot program and each year thereafter for which amounts are made available for the pilot program under subsection (e), the recipient of the grant shall submit to the Administrator a report describing the impact of that project on the communities within 3 miles of the treatment works. ``(2) Report to congress.--Not later than 1 year after first awarding grants under the pilot program and each year thereafter for which amounts are made available for the pilot program under subsection (e), the Administrator shall submit to Congress a report describing-- ``(A) the applications received by the Administrator for grants under the pilot program; and ``(B) the projects for which grants were awarded under the pilot program. ``(e) Authorization of Appropriations.-- ``(1) In general.--There is authorized to be appropriated to carry out the pilot program $20,000,000 for each of fiscal years 2022 through 2026, to remain available until expended. ``(2) Limitation on use of funds.--Of the amounts made available for grants under paragraph (1), not more than 2 percent may be used to pay the administrative costs of the Administrator.''. SEC. 50203. PILOT PROGRAM FOR ALTERNATIVE WATER SOURCE PROJECTS. Section 220 of the Federal Water Pollution Control Act (33 U.S.C. 1300) is amended-- (1) in subsection (b), in the heading, by striking ``In General'' and inserting ``Establishment''; (2) in subsection (d)-- (A) in paragraph (1), by inserting ``construction'' before ``funds''; (B) by striking paragraph (2); and (C) by redesignating paragraph (3) as paragraph (2); (3) by striking subsection (e); (4) in subsection (i)-- (A) in the matter preceding paragraph (1), by striking ``, the following definitions apply''; and (B) in paragraph (1), in the first sentence, by striking ``water or wastewater or by treating wastewater'' and inserting ``water, wastewater, or stormwater or by treating wastewater or stormwater for groundwater recharge, potable reuse, or other purposes''; (5) in subsection (j)-- (A) in the first sentence, by striking ``There is'' and inserting the following: ``(1) In general.--There is''; (B) in paragraph (1) (as so designated), by striking ``a total of $75,000,000 for fiscal years 2002 through 2004. [[Page 135 STAT. 1160]] Such sums shall'' and inserting ``$25,000,000 for each of fiscal years 2022 through 2026, to''; and (C) by adding at the end the following: ``(2) Limitation on use of funds.--Of the amounts made available for grants under paragraph (1), not more than 2 percent may be used to pay the administrative costs of the Administrator.''; and (6) by redesignating subsections (b), (c), (d), (i), and (j) as subsections (c), (d), (e), (b), and (i), respectively, and moving those subsections so as to appear in alphabetical order. SEC. 50204. SEWER OVERFLOW AND STORMWATER REUSE MUNICIPAL GRANTS. Section 221 of the Federal Water Pollution Control Act (33 U.S.C. 1301) is amended-- (1) in subsection (a)(1) -- (A) in subparagraph (A), by striking ``and'' at the end; (B) by redesignating subparagraph (B) as subparagraph (C); and (C) by inserting after subparagraph (A) the following: ``(B) notification systems to inform the public of combined sewer or sanitary overflows that result in sewage being released into rivers and other waters; and''; (2) in subsection (d)-- (A) in the second sentence, by striking ``The non- Federal share of the cost'' and inserting the following: ``(3) Types of non-federal share.--The applicable non- Federal share of the cost under this subsection''; (B) in the first sentence, by striking ``The Federal'' and inserting the following: ``(1) In general.--The Federal''; and (C) by inserting after paragraph (1) (as so designated) the following: ``(2) Rural and financially distressed communities.--To the maximum extent practicable, the Administrator shall work with States to prevent the non-Federal share requirements under this subsection from being passed on to rural communities and financially distressed communities (as those terms are defined in subsection (f)(2)(B)(i)).''; (3) in subsection (f)-- (A) by striking paragraph (1) and inserting the following: ``(1) In general.--There is authorized to be appropriated to carry out this section $280,000,000 for each of fiscal years 2022 through 2026.''; and (B) in paragraph (2)-- (i) by striking ``To the extent'' and inserting the following: ``(A) Green projects.--To the extent''; and (ii) by adding at the end the following: ``(B) Rural or financially distressed community allocation.-- ``(i) Definitions.--In this subparagraph: ``(I) Financially distressed community.--The term `financially distressed community' has the meaning given the term in subsection (c)(1). [[Page 135 STAT. 1161]] ``(II) Rural community.--The term `rural community' means a city, town, or unincorporated area that has a population of not more than 10,000 inhabitants. ``(ii) Allocation.-- ``(I) In general.--To the extent there are sufficient eligible project applications, the Administrator shall ensure that a State uses not less than 25 percent of the amount of the grants made to the State under subsection (a) in a fiscal year to carry out projects in rural communities or financially distressed communities for the purpose of planning, design, and construction of-- ``(aa) treatment works to intercept, transport, control, treat, or reuse municipal sewer overflows, sanitary sewer overflows, or stormwater; or ``(bb) any other measures to manage, reduce, treat, or recapture stormwater or subsurface drainage water eligible for assistance under section 603(c). ``(II) Rural communities.--Of the funds allocated under subclause (I) for the purposes described in that subclause, to the extent there are sufficient eligible project applications, the Administrator shall ensure that a State uses not less than 60 percent to carry out projects in rural communities.''; and (4) in subsection (i)-- (A) in the second sentence, by striking ``The recommended funding levels'' and inserting the following: ``(B) Requirement.--The funding levels recommended under subparagraph (A)(i)''; (B) in the first sentence, by striking ``Not later'' and inserting the following: ``(1) Periodic reports.-- ``(A) In general.--Not later''; (C) in paragraph (1)(A) (as so designated)-- (i) by striking the period at the end and inserting ``; and''; (ii) by striking ``containing recommended'' and inserting the following: ``containing-- ``(i) recommended''; and (iii) by adding at the end the following: ``(ii) a description of the extent to which States pass costs associated with the non-Federal share requirements under subsection (d) to local communities, with a focus on rural communities and financially distressed communities (as those terms are defined in subsection (f)(2)(B)(i)).''; and (D) by adding at the end the following: ``(2) Use of funds.--Not later than 2 years after the date of enactment of this paragraph, the Administrator shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report that describes the implementation of the grant program under this section, [[Page 135 STAT. 1162]] which shall include a description of the grant recipients, sources of funds for non-Federal share requirements under subsection (d), and grant amounts made available under the program.''. SEC. 50205. CLEAN WATER INFRASTRUCTURE RESILIENCY AND SUSTAINABILITY PROGRAM. Title II of the Federal Water Pollution Control Act (33 U.S.C. 1281 et seq.) (as amended by section 50202) is amended by adding at the end the following: ``SEC. 223. <<NOTE: 33 USC 1302a.>> CLEAN WATER INFRASTRUCTURE RESILIENCY AND SUSTAINABILITY PROGRAM. ``(a) Definitions.--In this section: ``(1) Eligible entity.--The term `eligible entity' means-- ``(A) a municipality; or ``(B) an intermunicipal, interstate, or State agency. ``(2) Natural hazard.--The term `natural hazard' means a hazard caused by natural forces, including extreme weather events, sea-level rise, and extreme drought conditions. ``(3) Program.--The term `program' means the clean water infrastructure resilience and sustainability program established under subsection (b). ``(b) <<NOTE: Grants.>> Establishment.--Subject to the availability of appropriations, the Administrator shall establish a clean water infrastructure resilience and sustainability program under which the Administrator shall award grants to eligible entities for the purpose of increasing the resilience of publicly owned treatment works to a natural hazard or cybersecurity vulnerabilities. ``(c) Use of Funds.--An eligible entity that receives a grant under the program shall use the grant funds for planning, designing, or constructing projects (on a system-wide or area-wide basis) that increase the resilience of a publicly owned treatment works to a natural hazard or cybersecurity vulnerabilities through-- ``(1) the conservation of water; ``(2) the enhancement of water use efficiency; ``(3) the enhancement of wastewater and stormwater management by increasing watershed preservation and protection, including through the use of-- ``(A) natural and engineered green infrastructure; and ``(B) reclamation and reuse of wastewater and stormwater, such as aquifer recharge zones; ``(4) the modification or relocation of an existing publicly owned treatment works, conveyance, or discharge system component that is at risk of being significantly impaired or damaged by a natural hazard; ``(5) the development and implementation of projects to increase the resilience of publicly owned treatment works to a natural hazard or cybersecurity vulnerabilities, as applicable; or ``(6) the enhancement of energy efficiency or the use and generation of recovered or renewable energy in the management, treatment, or conveyance of wastewater or stormwater. ``(d) Application.--To be eligible to receive a grant under the program, an eligible entity shall submit to the Administrator an application at such time, in such manner, and containing such information as the Administrator may require, including-- ``(1) <<NOTE: Proposal.>> a proposal of the project to be planned, designed, or constructed using funds under the program; [[Page 135 STAT. 1163]] ``(2) an identification of the natural hazard risk of the area where the proposed project is to be located or potential cybersecurity vulnerability, as applicable, to be addressed by the proposed project; ``(3) documentation prepared by a Federal, State, regional, or local government agency of the natural hazard risk of the area where the proposed project is to be located or potential cybersecurity vulnerability, as applicable, of the area where the proposed project is to be located; ``(4) a description of any recent natural hazard risk of the area where the proposed project is to be located or potential cybersecurity vulnerabilities that have affected the publicly owned treatment works; ``(5) a description of how the proposed project would improve the performance of the publicly owned treatment works under an anticipated natural hazard or natural hazard risk of the area where the proposed project is to be located or a potential cybersecurity vulnerability, as applicable; and ``(6) an explanation of how the proposed project is expected to enhance the resilience of the publicly owned treatment works to a natural hazard risk of the area where the proposed project is to be located or a potential cybersecurity vulnerability, as applicable. ``(e) Grant Amount and Other Federal Requirements.-- ``(1) Cost share.--Except as provided in paragraph (2), a grant under the program shall not exceed 75 percent of the total cost of the proposed project. ``(2) Exception.-- ``(A) In general.--Except as provided in subparagraph (B), a grant under the program shall not exceed 90 percent of the total cost of the proposed project if the project serves a community that-- ``(i) has a population of fewer than 10,000 individuals; or ``(ii) meets the affordability criteria established by the State in which the community is located under section 603(i)(2). ``(B) Waiver.--At the discretion of the Administrator, a grant for a project described in subparagraph (A) may cover 100 percent of the total cost of the proposed project. ``(3) <<NOTE: Applicability.>> Requirements.--The requirements of section 608 shall apply to a project funded with a grant under the program. ``(f) Report.--Not later than 2 years after the date of enactment of this section, the Administrator shall submit to Congress a report that describes the implementation of the program, which shall include an accounting of all grants awarded under the program, including a description of each grant recipient and each project funded using a grant under the program. ``(g) Authorization of Appropriations.-- ``(1) In general.--There is authorized to be appropriated to carry out this section $25,000,000 for each of fiscal years 2022 through 2026. ``(2) Limitation on use of funds.--Of the amounts made available for grants under paragraph (1), not more than 2 percent may be used to pay the administrative costs of the Administrator.''. [[Page 135 STAT. 1164]] SEC. 50206. SMALL AND MEDIUM PUBLICLY OWNED TREATMENT WORKS CIRCUIT RIDER PROGRAM. Title II of the Federal Water Pollution Control Act (33 U.S.C. 1281 et seq.) (as amended by section 50205) is amended by adding at the end the following: ``SEC. 224. <<NOTE: Grants. 33 USC 1302b.>> SMALL AND MEDIUM PUBLICLY OWNED TREATMENT WORKS CIRCUIT RIDER PROGRAM. ``(a) Establishment.--Subject to the availability of appropriations, not later than 180 days after the date of enactment of this section, the Administrator shall establish a circuit rider program (referred to in this section as the `circuit rider program') under which the Administrator shall award grants to qualified nonprofit entities, as determined by the Administrator, to provide assistance to owners and operators of small and medium publicly owned treatment works to carry out the activities described in section 602(b)(13). ``(b) Limitation.--A grant provided under the circuit rider program shall be in an amount that is not more than $75,000. ``(c) Prioritization.--In selecting recipients of grants under the circuit rider program, the Administrator shall give priority to qualified nonprofit entities, as determined by the Administrator, that would serve a community that-- ``(1) has a history, for not less than the 10 years prior to the award of the grant, of unresolved wastewater issues, stormwater issues, or a combination of wastewater and stormwater issues; ``(2) is considered financially distressed; ``(3) faces the cumulative burden of stormwater and wastewater overflow issues; or ``(4) has previously failed to access Federal technical assistance due to cost-sharing requirements. ``(d) <<NOTE: Consultation.>> Communication.--Each qualified nonprofit entity that receives funding under this section shall, before using that funding to undertake activities to carry out this section, consult with the State in which the assistance is to be expended or otherwise made available. ``(e) <<NOTE: Time period.>> Report.--Not later than 2 years after the date on which the Administrator establishes the circuit rider program, and every 2 years thereafter, the Administrator shall submit to Congress a report describing-- ``(1) each recipient of a grant under the circuit rider program; and ``(2) <<NOTE: Summary.>> a summary of the activities carried out under the circuit rider program. ``(f) Authorization of Appropriations.-- ``(1) <<NOTE: Time period.>> In general.--There is authorized to be appropriated to carry out this section $10,000,000 for the period of fiscal years 2022 through 2026. ``(2) Limitation on use of funds.--Of the amounts made available for grants under paragraph (1), not more than 2 percent may be used to pay the administrative costs of the Administrator.''. [[Page 135 STAT. 1165]] SEC. 50207. SMALL PUBLICLY OWNED TREATMENT WORKS EFFICIENCY GRANT PROGRAM. Title II of the Federal Water Pollution Control Act (33 U.S.C. 1281 et seq.) (as amended by section 50206) is amended by adding at the end the following: ``SEC. 225. <<NOTE: 33 USC 1302c.>> SMALL PUBLICLY OWNED TREATMENT WORKS EFFICIENCY GRANT PROGRAM. ``(a) Establishment.--Subject to the availability of appropriations, not later than 180 days after the date of enactment of this section, the Administrator shall establish an efficiency grant program (referred to in this section as the `efficiency grant program') under which the Administrator shall award grants to eligible entities for the replacement or repair of equipment that improves water or energy efficiency of small publicly owned treatment works, as identified in an efficiency audit. ``(b) Eligible Entities.--The Administrator may award a grant under the efficiency grant program to-- ``(1) an owner or operator of a small publicly owned treatment works that serves-- ``(A) a population of not more than 10,000 people; or ``(B) a disadvantaged community; or ``(2) a nonprofit organization that seeks to assist a small publicly owned treatment works described in paragraph (1) to carry out the activities described in subsection (a). ``(c) <<NOTE: Time period.>> Report.--Not later than 2 years after the date on which the Administrator establishes the efficiency grant program, and every 2 years thereafter, the Administrator shall submit to Congress a report describing-- ``(1) each recipient of a grant under the efficiency grant program; and ``(2) <<NOTE: Summary.>> a summary of the activities carried out under the efficiency grant program. ``(d) Use of Funds.-- ``(1) Small systems.--Of the amounts made available for grants under this section, to the extent that there are sufficient applications, not less than 15 percent shall be used for grants to publicly owned treatment works that serve fewer than 3,300 people. ``(2) Limitation on use of funds.--Of the amounts made available for grants under this section, not more than 2 percent may be used to pay the administrative costs of the Administrator.''. SEC. 50208. GRANTS FOR CONSTRUCTION AND REFURBISHING OF INDIVIDUAL HOUSEHOLD DECENTRALIZED WASTEWATER SYSTEMS FOR INDIVIDUALS WITH LOW OR MODERATE INCOME. Title II of the Federal Water Pollution Control Act (33 U.S.C. 1281 et seq.) (as amended by section 50207) is amended by adding at the end the following: [[Page 135 STAT. 1166]] ``SEC. 226. <<NOTE: 33 USC 1302d.>> GRANTS FOR CONSTRUCTION AND REFURBISHING OF INDIVIDUAL HOUSEHOLD DECENTRALIZED WASTEWATER SYSTEMS FOR INDIVIDUALS WITH LOW OR MODERATE INCOME. ``(a) Definition of Eligible Individual.--In this section, the term `eligible individual' means a member of a low-income or moderate-income household, the members of which have a combined income (for the most recent 12-month period for which information is available) equal to not more than 50 percent of the median nonmetropolitan household income for the State or territory in which the household is located, according to the most recent decennial census. ``(b) Grant Program.-- ``(1) In general.--Subject to the availability of appropriations, the Administrator shall establish a program under which the Administrator shall provide grants to private nonprofit organizations for the purpose of improving general welfare by providing assistance to eligible individuals-- ``(A) for the construction, repair, or replacement of an individual household decentralized wastewater treatment system; or ``(B) for the installation of a larger decentralized wastewater system designed to provide treatment for 2 or more households in which eligible individuals reside, if-- ``(i) site conditions at the households are unsuitable for the installation of an individually owned decentralized wastewater system; ``(ii) multiple examples of unsuitable site conditions exist in close geographic proximity to each other; and ``(iii) a larger decentralized wastewater system could be cost-effectively installed. ``(2) Application.--To be eligible to receive a grant under this subsection, a private nonprofit organization shall submit to the Administrator an application at such time, in such manner, and containing such information as the Administrator determines to be appropriate. ``(3) Priority.--In awarding grants under this subsection, the Administrator shall give priority to applicants that have substantial expertise and experience in promoting the safe and effective use of individual household decentralized wastewater systems. ``(4) Administrative expenses.--A private nonprofit organization may use amounts provided under this subsection to pay the administrative expenses associated with the provision of the services described in paragraph (1), as the Administrator determines to be appropriate. ``(c) Grants.-- ``(1) In general.--Subject to paragraph (2), a private nonprofit organization shall use a grant provided under subsection (b) for the services described in paragraph (1) of that subsection. ``(2) Application.--To be eligible to receive the services described in subsection (b)(1), an eligible individual shall submit to the private nonprofit organization serving the area in which the individual household decentralized wastewater system of the eligible individuals is, or is proposed to be, located an application at such time, in such manner, and containing such [[Page 135 STAT. 1167]] information as the private nonprofit organization determines to be appropriate. ``(3) Priority.--In awarding grants under this subsection, a private nonprofit organization shall give priority to any eligible individual who does not have access to a sanitary sewage disposal system. ``(d) Report.--Not later than 2 years after the date of enactment of this section, the Administrator shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report describing the recipients of grants under the program under this section and the results of the program under this section. ``(e) Authorization of Appropriations.-- ``(1) In general.--There is authorized to be appropriated to the Administrator to carry out this section $50,000,000 for each of fiscal years 2022 through 2026. ``(2) Limitation on use of funds.--Of the amounts made available for grants under paragraph (1), not more than 2 percent may be used to pay the administrative costs of the Administrator.''. SEC. 50209. CONNECTION TO PUBLICLY OWNED TREATMENT WORKS. Title II of the Federal Water Pollution Control Act (33 U.S.C. 1281 et seq.) (as amended by section 50208) is amended by adding at the end the following: ``SEC. 227. <<NOTE: 33 USC 1302e.>> CONNECTION TO PUBLICLY OWNED TREATMENT WORKS. ``(a) Definitions.--In this section: ``(1) Eligible entity.--The term `eligible entity' means-- ``(A) an owner or operator of a publicly owned treatment works that assists or is seeking to assist low-income or moderate-income individuals with connecting the household of the individual to the publicly owned treatment works; or ``(B) a nonprofit entity that assists low-income or moderate-income individuals with the costs associated with connecting the household of the individual to a publicly owned treatment works. ``(2) Program.--The term `program' means the competitive grant program established under subsection (b). ``(3) Qualified individual.--The term `qualified individual' has the meaning given the term `eligible individual' in section 603(j). ``(b) Establishment.--Subject to the availability of appropriations, the Administrator shall establish a competitive grant program with the purpose of improving general welfare, under which the Administrator awards grants to eligible entities to provide funds to assist qualified individuals in covering the costs incurred by the qualified individual in connecting the household of the qualified individual to a publicly owned treatment works. ``(c) Application.-- ``(1) <<NOTE: Regulations. Requirement.>> In general.--An eligible entity seeking a grant under the program shall submit to the Administrator an application at such time, in such manner, and containing such information as the Administrator may by regulation require. ``(2) <<NOTE: Deadline. Notification.>> Requirement.--Not later than 90 days after the date on which the Administrator receives an application from an [[Page 135 STAT. 1168]] eligible entity under paragraph (1), the Administrator shall notify the eligible entity of whether the Administrator will award a grant to the eligible entity under the program. ``(d) Selection Criteria.--In selecting recipients of grants under the program, the Administrator shall use the following criteria: ``(1) Whether the eligible entity seeking a grant provides services to, or works directly with, qualified individuals. ``(2) Whether the eligible entity seeking a grant-- ``(A) has an existing program to assist in covering the costs incurred in connecting a household to a publicly owned treatment works; or ``(B) seeks to create a program described in subparagraph (A). ``(e) Requirements.-- ``(1) Voluntary connection.--Before providing funds to a qualified individual for the costs described in subsection (b), an eligible entity shall ensure that-- ``(A) the qualified individual has connected to the publicly owned treatment works voluntarily; and ``(B) if the eligible entity is not the owner or operator of the publicly owned treatment works to which the qualified individual has connected, the publicly owned treatment works to which the qualified individual has connected has agreed to the connection. ``(2) Reimbursements from publicly owned treatment works.-- An eligible entity that is an owner or operator of a publicly owned treatment works may reimburse a qualified individual that has already incurred the costs described in subsection (b) by-- ``(A) reducing the amount otherwise owed by the qualified individual to the owner or operator for wastewater or other services provided by the owner or operator; or ``(B) providing a direct payment to the qualified individual. ``(f) Authorization of Appropriations.-- ``(1) In general.--There is authorized to be appropriated to carry out the program $40,000,000 for each of fiscal years 2022 through 2026. ``(2) Limitations on use of funds.-- ``(A) Small systems.--Of the amounts made available for grants under paragraph (1), to the extent that there are sufficient applications, not less than 15 percent shall be used to make grants to-- ``(i) eligible entities described in subsection (a)(1)(A) that are owners and operators of publicly owned treatment works that serve fewer than 3,300 people; and ``(ii) eligible entities described in subsection (a)(1)(B) that provide the assistance described in that subsection in areas that are served by publicly owned treatment works that serve fewer than 3,300 people. ``(B) Administrative costs.--Of the amounts made available for grants under paragraph (1), not more than 2 percent may be used to pay the administrative costs of the Administrator.''. [[Page 135 STAT. 1169]] SEC. 50210. CLEAN WATER STATE REVOLVING FUNDS. (a) Use of Funds.-- (1) In general.--Section 603 of the Federal Water Pollution Control Act (33 U.S.C. 1383) is amended-- (A) in subsection (d), in the matter preceding paragraph (1), by inserting ``and provided in subsection (k)'' after ``State law''; (B) in subsection (i)-- (i) in paragraph (1), in the matter preceding subparagraph (A), by striking ``, including forgiveness of principal and negative interest loans'' and inserting ``(including forgiveness of principal, grants, negative interest loans, other loan forgiveness, and through buying, refinancing, or restructuring debt)''; and (ii) in paragraph (3), by striking subparagraph (B) and inserting the following: ``(B) Total amount of subsidization.-- ``(i) In general.--For each fiscal year, of the amount of the capitalization grant received by the State under this title, the total amount of additional subsidization made available by a State under paragraph (1)-- ``(I) may not exceed 30 percent; and ``(II) to the extent that there are sufficient applications for assistance to communities described in that paragraph, may not be less than 10 percent. ``(ii) Exclusion.--A loan from the water pollution control revolving fund of a State with an interest rate equal to or greater than 0 percent shall not be considered additional subsidization for purposes of this subparagraph.''; and (C) by adding at the end the following: ``(k) Additional Use of Funds.--A State may use an additional 2 percent of the funds annually awarded to each State under this title for nonprofit organizations (as defined in section 104(w)) or State, regional, interstate, or municipal entities to provide technical assistance to rural, small, and tribal publicly owned treatment works (within the meaning of section 104(b)(8)(B)) in the State.''. (2) Technical amendment.--Section 104(w) of the Federal Water Pollution Control Act (33 U.S.C. 1254(w)) is amended by striking ``treatments works'' and inserting ``treatment works''. (b) Capitalization Grant Reauthorization.--Section 607 of the Federal Water Pollution Control Act (33 U.S.C. 1387) is amended to read as follows: ``SEC. 607. AUTHORIZATION OF APPROPRIATIONS. ``There are authorized to be appropriated to carry out the purposes of this title-- ``(1) $2,400,000,000 for fiscal year 2022; ``(2) $2,750,000,000 for fiscal year 2023; ``(3) $3,000,000,000 for fiscal year 2024; and ``(4) $3,250,000,000 for each of fiscal years 2025 and 2026.''. [[Page 135 STAT. 1170]] SEC. 50211. WATER INFRASTRUCTURE AND WORKFORCE INVESTMENT. Section 4304 of the America's Water Infrastructure Act of 2018 (42 U.S.C. 300j-19e) is amended-- (1) in subsection (a)(3)-- (A) in subparagraph (A), by inserting ``Tribal,'' after ``State,''; and (B) in subparagraph (B), by striking ``community- based organizations'' and all that follows through the period at the end and inserting the following: ``community-based organizations and public works departments or agencies to align water and wastewater utility workforce recruitment efforts, training programs, retention efforts, and community resources with water and wastewater utilities-- ``(i) to accelerate career pipelines; ``(ii) to ensure the sustainability of the water and wastewater utility workforce; and ``(iii) to provide access to workforce opportunities.''; (2) in subsection (b)-- (A) in paragraph (1)-- (i) by striking subparagraph (B); (ii) in subparagraph (A), by striking ``; and'' at the end and inserting ``, which may include--'' (iii) in the matter preceding subparagraph (A), by striking ``program--'' and all that follows through ``to assist'' in subparagraph (A) and inserting ``program to assist''; and (iv) by adding at the end the following: ``(A) expanding the use and availability of activities and resources that relate to the recruitment, including the promotion of diversity within that recruitment, of individuals to careers in the water and wastewater utility sector; ``(B) expanding the availability of training opportunities for-- ``(i) individuals entering into the water and wastewater utility sector; and ``(ii) individuals seeking to advance careers within the water and wastewater utility sector; and ``(C) expanding the use and availability of activities and strategies, including the development of innovative activities and strategies, that relate to the maintenance and retention of a sustainable workforce in the water and wastewater utility sector.''; (B) in paragraph (2)-- (i) in the matter preceding subparagraph (A), by striking ``institutions--'' and inserting ``institutions, or public works departments and agencies--''; and (ii) in subparagraph (A)-- (I) by striking clauses (ii) and (iii); (II) in clause (i), by adding ``or'' at the end; (III) by redesignating clause (i) as clause (ii); (IV) by inserting before clause (ii) (as so redesignated) the following: ``(i) in the development of educational or recruitment materials and activities, including those materials and activities that specifically promote diversity [[Page 135 STAT. 1171]] within recruitment, for the water and wastewater utility workforce;''; and (V) by adding at the end the following: ``(iii) developing activities and strategies that relate to the maintenance and retention of a sustainable workforce in the water and wastewater utility sector; and''; (C) in paragraph (3)-- (i) in subparagraph (D)(ii), by inserting ``or certification'' after ``training''; and (ii) in subparagraph (E), by striking ``ensure that incumbent water and waste water utilities workers'' and inserting ``are designed to retain incumbent water and wastewater utility workforce workers by ensuring that those workers''; and (D) by striking paragraph (4) and inserting the following: ``(4) Working group; report.-- ``(A) <<NOTE: Coordination.>> In general.--The Administrator shall establish and coordinate a Federal interagency working group to address recruitment, training, and retention challenges in the water and wastewater utility workforce, which shall include representatives from-- ``(i) the Department of Education; ``(ii) the Department of Labor; ``(iii) the Department of Agriculture; ``(iv) the Department of Veterans Affairs; and ``(v) other Federal agencies, as determined to be appropriate by the Administrator. ``(B) <<NOTE: Coordination.>> Report.--Not later than 2 years after the date of enactment of this subparagraph, the Administrator, in coordination with the working group established under subparagraph (A), shall submit to Congress a report describing potential solutions to recruitment, training, and retention challenges in the water and wastewater utility workforce. ``(C) Consultation.--In carrying out the duties of the working group established under subparagraph (A), the working group shall consult with State operator certification programs. ``(5) Authorization of appropriations.--There is authorized to be appropriated to carry out this subsection $5,000,000 for each of fiscal years 2022 through 2026.''; (3) by redesignating subsections (a) and (b) as subsections (b) and (c), respectively; and (4) by inserting before subsection (b) (as so redesignated) the following: ``(a) Definition of Public Works Department or Agency.--In this section, the term `public works department or agency' means a political subdivision of a local, county, or regional government that designs, builds, operates, and maintains water infrastructure, sewage and refuse disposal systems, and other public water systems and facilities.''. [[Page 135 STAT. 1172]] SEC. 50212. GRANTS TO ALASKA TO IMPROVE SANITATION IN RURAL AND NATIVE VILLAGES. Section 303 of the Safe Drinking Water Act Amendments of 1996 (33 U.S.C. 1263a) is amended-- (1) in subsection (b), by striking ``50 percent'' and inserting ``75 percent''; and (2) in subsection (e), by striking ``this section'' and all that follows through the period at the end and inserting the following: ``this section-- ``(1) $40,000,000 for each of fiscal years 2022 through 2024; ``(2) $50,000,000 for fiscal year 2025; and ``(3) $60,000,000 for fiscal year 2026.''. SEC. 50213. <<NOTE: 42 USC 10361 note.>> WATER DATA SHARING PILOT PROGRAM. (a) Establishment.-- (1) <<NOTE: Grants.>> In general.--Subject to the availability of appropriations, the Administrator shall establish a competitive grant pilot program (referred to in this section as the ``pilot program'') under which the Administrator may award grants to eligible entities under subsection (b) to establish systems that improve the sharing of information concerning water quality, water infrastructure needs, and water technology, including cybersecurity technology, between States or among counties and other units of local government within a State, which may include-- (A) establishing a website or data hub to exchange water data, including data on water quality or water technology, including new and emerging, but proven, water technology; and (B) intercounty communications initiatives related to water data. (2) Requirements.-- (A) Data sharing.--The Internet of Water principles developed by the Nicholas Institute for Environmental Policy Solutions shall, to the extent practicable, guide any water data sharing efforts under the pilot program. (B) Use of existing data.--The recipient of a grant under the pilot program to establish a website or data hub described in paragraph (1)(A) shall, to the extent practicable, leverage existing data sharing infrastructure. (b) Eligible Entities.--An entity eligible for a grant under the pilot program is-- (1) a State, county, or other unit of local government that-- (A) has a coastal watershed with significant pollution levels; (B) has a water system with significant pollution levels; or (C) has significant individual water infrastructure deficits; or (2) a regional consortium established under subsection (d). (c) <<NOTE: Requirement.>> Applications.--To be eligible to receive a grant under the pilot program, an eligible entity under subsection (b) shall submit to the Administrator an application at such time, in such manner, and containing such information as the Administrator may require. (d) Regional Consortia.-- (1) Establishment.--States may establish regional consortia in accordance with this subsection. [[Page 135 STAT. 1173]] (2) Requirements.--A regional consortium established under paragraph (1) shall-- (A) include not fewer than 2 States that have entered into a memorandum of understanding-- (i) to exchange water data, including data on water quality; or (ii) to share information, protocols, and procedures with respect to projects that evaluate, demonstrate, or install new and emerging, but proven, water technology; (B) carry out projects-- (i) to exchange water data, including data on water quality; or (ii) that evaluate, demonstrate, or install new and emerging, but proven, water technology; and (C) develop a regional intended use plan, in accordance with paragraph (3), to identify projects to carry out, including projects using grants received under this section. (3) Regional intended use plan.--A regional intended use plan of a regional consortium established under paragraph (1)-- (A) shall identify projects that the regional consortium intends to carry out, including projects that meet the requirements of paragraph (2)(B); and (B) may include-- (i) projects included in an intended use plan of a State prepared under section 606(c) of the Federal Water Pollution Control Act (33 U.S.C. 1386(c)) within the regional consortium; and (ii) projects not included in an intended use plan of a State prepared under section 606(c) of the Federal Water Pollution Control Act (33 U.S.C. 1386(c)) within the regional consortium. (e) Report.--Not later than 2 years after the date of enactment of this Act, the Administrator shall submit to Congress a report that describes the implementation of the pilot program, which shall include-- (1) a description of the use and deployment of amounts made available under the pilot program; and (2) an accounting of all grants awarded under the program, including a description of each grant recipient and each project funded using a grant under the pilot program. (f) Funding.-- (1) Authorization of appropriations.--There is authorized to be appropriated to carry out the pilot program $15,000,000 for each of fiscal years 2022 through 2026, to remain available until expended. (2) Requirement.--Of the funds made available under paragraph (1), not more than 35 percent may be used to provide grants to regional consortia established under subsection (d). SEC. 50214. FINAL RATING OPINION LETTERS. Section 5028(a)(1)(D)(ii) of the Water Infrastructure Finance and Innovation Act of 2014 (33 U.S.C. 3907(a)(1)(D)(ii)) is amended by striking ``final rating opinion letters from at least 2 rating agencies'' and inserting ``a final rating opinion letter from at least 1 rating agency''. [[Page 135 STAT. 1174]] SEC. 50215. WATER INFRASTRUCTURE FINANCING REAUTHORIZATION. (a) In General.--Section 5033 of the Water Infrastructure Finance and Innovation Act of 2014 (33 U.S.C. 3912) is amended-- (1) in subsection (a), by adding at the end the following: ``(3) Fiscal years 2022 through 2026.--There is authorized to be appropriated to the Administrator to carry out this subtitle $50,000,000 for each of fiscal years 2022 through 2026, to remain available until expended.''; (2) in subsection (b)(2)-- (A) in the paragraph heading, by striking ``2020 and 2021'' and inserting ``after 2019''; and (B) by striking ``2020 and 2021'' and inserting ``2022 through 2026''; and (3) in subsection (e)(1), by striking ``2020 and 2021'' and inserting ``2022 through 2026''. (b) Outreach Plan.--The Water Infrastructure Finance and Innovation Act of 2014 (33 U.S.C. 3901 et seq.) is amended by adding at the end the following: ``SEC. 5036. <<NOTE: 33 USC 3915.>> OUTREACH PLAN. ``(a) Definition of Rural Community.--In this section, the term `rural community' means a city, town, or unincorporated area that has a population of not more than 10,000 inhabitants. ``(b) <<NOTE: Deadline. Consultation.>> Outreach Required.--Not later than 180 days after the date of enactment of this section, the Administrator, in consultation with relevant Federal agencies, shall develop and begin implementation of an outreach plan to promote financial assistance available under this subtitle to small communities and rural communities.''. SEC. 50216. SMALL AND DISADVANTAGED COMMUNITY ANALYSIS. (a) <<NOTE: Deadline.>> Analysis.--Not later than 2 years after the date of enactment of this Act, using environmental justice data of the Environmental Protection Agency, including data from the environmental justice mapping and screening tool of the Environmental Protection Agency, the Administrator shall carry out an analysis under which the Administrator shall assess the programs under title VI of the Federal Water Pollution Control Act (33 U.S.C. 1381 et seq.) and section 1452 of the Safe Drinking Water Act (42 U.S.C. 300j-12) to identify historical distributions of funds to small and disadvantaged communities and new opportunities and methods to improve on the distribution of funds under those programs to low-income communities, rural communities, minority communities, and communities of indigenous peoples, in accordance with Executive Order 12898 (42 U.S.C. 4321 note; 60 Fed. Reg. 6381; relating to Federal actions to address environmental justice in minority populations and low-income populations). (b) Requirement.--The analysis under subsection (a) shall include an analysis, to the extent practicable, of communities in the United States that do not have access to drinking water or wastewater services. (c) Report.--On completion of the analysis under subsection (a), the Administrator shall submit to the Committee on Environment and Public Works of the Senate and the Committees on Energy and Commerce and Transportation and Infrastructure of the House of Representatives a report describing-- (1) the results of the analysis; and [[Page 135 STAT. 1175]] (2) the criteria the Administrator used in carrying out the analysis. SEC. 50217. <<NOTE: 33 USC 1302f.>> STORMWATER INFRASTRUCTURE TECHNOLOGY. (a) Definitions.--In this section: (1) Center.--The term ``center'' means a center of excellence for stormwater control infrastructure established under subsection (b)(1). (2) Eligible entity.--The term ``eligible entity'' means-- (A) a State, Tribal, or local government; or (B) a local, regional, or other public entity that manages stormwater or wastewater resources or other related water infrastructure. (3) Eligible institution.--The term ``eligible institution'' means an institution of higher education, a research institution, or a nonprofit organization-- (A) that has demonstrated excellence in researching and developing new and emerging stormwater control infrastructure technologies; and (B) with respect to a nonprofit organization, the core mission of which includes water management, as determined by the Administrator. (b) Centers of Excellence for Stormwater Control Infrastructure Technologies.-- (1) Establishment of centers.-- (A) <<NOTE: Grants.>> In general.--Subject to the availability of appropriations, the Administrator shall provide grants, on a competitive basis, to eligible institutions to establish and maintain not less than 3, and not more than 5, centers of excellence for new and emerging stormwater control infrastructure technologies, to be located in various regions throughout the United States. (B) General operation.--Each center shall-- (i) conduct research on new and emerging stormwater control infrastructure technologies that are relevant to the geographical region in which the center is located, including stormwater and sewer overflow reduction, other approaches to water resource enhancement, alternative funding approaches, and other environmental, economic, and social benefits, with the goal of improving the effectiveness, cost efficiency, and protection of public safety and water quality; (ii) <<NOTE: Lists.>> maintain a listing of-- (I) stormwater control infrastructure needs; and (II) <<NOTE: Analysis.>> an analysis of new and emerging stormwater control infrastructure technologies that are available; (iii) <<NOTE: Analysis.>> analyze whether additional financial programs for the implementation of new and emerging, but proven, stormwater control infrastructure technologies would be useful; (iv) provide information regarding research conducted under clause (i) to the national electronic clearinghouse center for publication on the Internet website established under paragraph (3)(B)(i) to provide to the Federal Government and State, Tribal, [[Page 135 STAT. 1176]] and local governments and the private sector information regarding new and emerging, but proven, stormwater control infrastructure technologies; (v) provide technical assistance to State, Tribal, and local governments to assist with the design, construction, operation, and maintenance of stormwater control infrastructure projects that use innovative technologies; (vi) collaborate with institutions of higher education and private and public organizations, including community-based public-private partnerships and other stakeholders, in the geographical region in which the center is located; and (vii) <<NOTE: Coordination.>> coordinate with the other centers to avoid duplication of efforts. (2) Application.--To be eligible to receive a grant under this subsection, an eligible institution shall prepare and submit to the Administrator an application at such time, in such form, and containing such information as the Administrator may require. (3) National electronic clearinghouse center.--Of the centers established under paragraph (1)(A), 1 shall-- (A) be designated as the ``national electronic clearinghouse center''; and (B) in addition to the other functions of that center-- (i) <<NOTE: Website.>> develop, operate, and maintain an Internet website and a public database that contains information relating to new and emerging, but proven, stormwater control infrastructure technologies; and (ii) <<NOTE: Web posting.>> post to the website information from all centers. (4) Authorization of appropriations.-- (A) In general.--There is authorized to be appropriated to carry out this subsection $5,000,000 for each of fiscal years 2022 through 2026. (B) Limitation on use of funds.--Of the amounts made available for grants under subparagraph (A), not more than 2 percent may be used to pay the administrative costs of the Administrator. (c) Stormwater Control Infrastructure Project Grants.-- (1) Grant authority.--Subject to the availability of appropriations, the Administrator shall provide grants, on a competitive basis, to eligible entities to carry out stormwater control infrastructure projects that incorporate new and emerging, but proven, stormwater control technologies in accordance with this subsection. (2) Stormwater control infrastructure projects.-- (A) Planning and development grants.--The Administrator may make planning and development grants under this subsection for the following projects: (i) Planning and designing stormwater control infrastructure projects that incorporate new and emerging, but proven, stormwater control technologies, including engineering surveys, landscape plans, maps, long-term operations and maintenance plans, and implementation plans. (ii) <<NOTE: Standards.>> Identifying and developing standards necessary to accommodate stormwater control infrastructure [[Page 135 STAT. 1177]] projects, including those projects that incorporate new and emerging, but proven, stormwater control technologies. (iii) Identifying and developing fee structures to provide financial support for design, installation, and operations and maintenance of stormwater control infrastructure, including new and emerging, but proven, stormwater control infrastructure technologies. (iv) Developing approaches for community-based public-private partnerships for the financing and construction of stormwater control infrastructure technologies, including feasibility studies, stakeholder outreach, and needs assessments. (v) Developing and delivering training and educational materials regarding new and emerging, but proven, stormwater control infrastructure technologies for distribution to-- (I) individuals and entities with applicable technical knowledge; and (II) the public. (B) Implementation grants.--The Administrator may make implementation grants under this subsection for the following projects: (i) Installing new and emerging, but proven, stormwater control infrastructure technologies. (ii) Protecting or restoring interconnected networks of natural areas that protect water quality. (iii) <<NOTE: Evaluation.>> Monitoring and evaluating the environmental, economic, or social benefits of stormwater control infrastructure technologies that incorporate new and emerging, but proven, stormwater control technology. (iv) <<NOTE: Standard.>> Implementing a best practices standard for stormwater control infrastructure programs. (3) <<NOTE: Plans.>> Application.--Except as otherwise provided in this section, to be eligible to receive a grant under this subsection, an eligible entity shall prepare and submit to the Administrator an application at such time, in such form, and containing such information as the Administrator may require, including, as applicable-- (A) a description of the stormwater control infrastructure project that incorporates new and emerging, but proven, technologies; (B) a plan for monitoring the impacts and pollutant load reductions associated with the stormwater control infrastructure project on the water quality and quantity; (C) <<NOTE: Evaluation.>> an evaluation of other environmental, economic, and social benefits of the stormwater control infrastructure project; and (D) a plan for the long-term operation and maintenance of the stormwater control infrastructure project and a tracking system, such as asset management practices. (4) <<NOTE: Determinations.>> Priority.--In making grants under this subsection, the Administrator shall give priority to applications submitted on behalf of-- (A) a community that-- (i) has municipal combined storm and sanitary sewers in the collection system of the community; or [[Page 135 STAT. 1178]] (ii) is a small, rural, or disadvantaged community, as determined by the Administrator; or (B) an eligible entity that will use not less than 15 percent of the grant to provide service to a small, rural, or disadvantaged community, as determined by the Administrator. (5) Maximum amounts.-- (A) Planning and development grants.-- (i) Single grant.--The amount of a single planning and development grant provided under this subsection shall be not more than $200,000. (ii) Aggregate amount.--The total amount of all planning and development grants provided under this subsection for a fiscal year shall be not more than \1/3\ of the total amount made available to carry out this subsection. (B) Implementation grants.-- (i) Single grant.--The amount of a single implementation grant provided under this subsection shall be not more than $2,000,000. (ii) Aggregate amount.--The total amount of all implementation grants provided under this subsection for a fiscal year shall be not more than \2/3\ of the total amount made available to carry out this subsection. (6) Federal share.-- (A) In general.--Except as provided in subparagraph (C), the Federal share of a grant provided under this subsection shall not exceed 80 percent of the total project cost. (B) Credit for implementation grants.--The Administrator shall credit toward the non-Federal share of the cost of an implementation project carried out under this subsection the cost of planning, design, and construction work completed for the project using funds other than funds provided under this section. (C) <<NOTE: Waiver.>> Exception.--The Administrator may waive the Federal share limitation under subparagraph (A) for an eligible entity that has adequately demonstrated financial need. (d) Report to Congress.--Not later than 2 years after the date on which the Administrator first awards a grant under this section, the Administrator shall submit to Congress a report that includes, with respect to the period covered by the report-- (1) a description of all grants provided under this section; (2) a detailed description of-- (A) the projects supported by those grants; and (B) the outcomes of those projects; (3) a description of the improvements in technology, environmental benefits, resources conserved, efficiencies, and other benefits of the projects funded under this section; (4) <<NOTE: Recommenda- tions.>> recommendations for improvements to promote and support new and emerging, but proven, stormwater control infrastructure, including research into new and emerging technologies, for the centers, grants, and activities under this section; and [[Page 135 STAT. 1179]] (5) a description of existing challenges concerning the use of new and emerging, but proven, stormwater control infrastructure. (e) Authorization of Appropriations.-- (1) In general.--There is authorized to be appropriated to carry out this section (except for subsection (b)) $10,000,000 for each of fiscal years 2022 through 2026. (2) Limitation on use of funds.--Of the amounts made available for grants under paragraph (1), not more than 2 percent may be used to pay the administrative costs of the Administrator. SEC. 50218. WATER REUSE INTERAGENCY WORKING GROUP. (a) <<NOTE: Deadline. Establishment.>> In General.--Not later than 180 days after the date of enactment of this Act, the Administrator shall establish a Water Reuse Interagency Working Group (referred to in this section as the ``Working Group''). (b) <<NOTE: Coordination.>> Purpose.--The purpose of the Working Group is to develop and coordinate actions, tools, and resources to advance water reuse across the United States, including through the implementation of the February 2020 National Water Reuse Action Plan, which creates opportunities for water reuse in the mission areas of each of the Federal agencies included in the Working Group under subsection (c) (referred to in this section as the ``Action Plan''). (c) Chairperson; Membership.--The Working Group shall be-- (1) chaired by the Administrator; and (2) <<NOTE: Determination.>> comprised of senior representatives from such Federal agencies as the Administrator determines to be appropriate. (d) Duties of the Working Group.--In carrying out this section, the Working Group shall-- (1) with respect to water reuse, leverage the expertise of industry, the research community, nongovernmental organizations, and government; (2) seek to foster water reuse as an important component of integrated water resources management; (3) conduct an assessment of new opportunities to advance water reuse and annually update the Action Plan with new actions, as necessary, to pursue those opportunities; (4) seek to coordinate Federal programs and policies to support the adoption of water reuse; (5) consider how each Federal agency can explore and identify opportunities to support water reuse through the programs and activities of that Federal agency; and (6) consult, on a regular basis, with representatives of relevant industries, the research community, and nongovernmental organizations. (e) Report.--Not less frequently than once every 2 years, the Administrator shall submit to Congress a report on the activities and findings of the Working Group. (f) Sunset.-- (1) In general.--Subject to paragraph (2), the Working Group shall terminate on the date that is 6 years after the date of enactment of this Act. (2) Extension.--The Administrator may extend the date of termination of the Working Group under paragraph (1). [[Page 135 STAT. 1180]] SEC. 50219. ADVANCED CLEAN WATER TECHNOLOGIES STUDY. (a) <<NOTE: Deadline.>> In General.--Subject to the availability of appropriations, not later than 2 years after the date of enactment of this Act, the Administrator shall carry out a study that examines the state of existing and potential future technology, including technology that could address cybersecurity vulnerabilities, that enhances or could enhance the treatment, monitoring, affordability, efficiency, and safety of wastewater services provided by a treatment works (as defined in section 212 of the Federal Water Pollution Control Act (33 U.S.C. 1292)). (b) Report.--The Administrator shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Energy and Commerce of the House of Representatives a report that describes the results of the study under subsection (a). SEC. 50220. CLEAN WATERSHEDS NEEDS SURVEY. Title VI of the Federal Water Pollution Control Act (33 U.S.C. 1381 et seq.) is amended by adding at the end the following: ``SEC. 609. <<NOTE: 33 USC 1389.>> CLEAN WATERSHEDS NEEDS SURVEY. ``(a) <<NOTE: Deadline. Time period.>> Requirement.--Not later than 2 years after the date of enactment of this section, and not less frequently than once every 4 years thereafter, the Administrator shall-- ``(1) <<NOTE: Assessment.>> conduct and complete an assessment of capital improvement needs for all projects that are eligible under section 603(c) for assistance from State water pollution control revolving funds; and ``(2) <<NOTE: Reports.>> submit to Congress a report describing the results of the assessment completed under paragraph (1). ``(b) Authorization of Appropriations.--There is authorized to be appropriated to carry out the initial needs survey under subsection (a) $5,000,000, to remain available until expended.''. SEC. 50221. WATER RESOURCES RESEARCH ACT AMENDMENTS. (a) Clarification of Research Activities.--Section 104(b)(1) of the Water Resources Research Act of 1984 (42 U.S.C. 10303(b)(1)) is amended-- (1) in subparagraph (B)(ii), by striking ``water-related phenomena'' and inserting ``water resources''; and (2) in subparagraph (D), by striking the period at the end and inserting ``; and''. (b) Compliance Report.--Section 104 of the Water Resources Research Act of 1984 (42 U.S.C. 10303) is amended by striking subsection (c) and inserting the following: ``(c) Grants.-- ``(1) In general.--From the sums appropriated pursuant to subsection (f), the Secretary shall make grants to each institute to be matched on a basis of no less than 1 non-Federal dollar for every 1 Federal dollar. ``(2) Report.--Not later than December 31 of each fiscal year, the Secretary shall submit to the Committee on Environment and Public Works of the Senate, the Committee on the Budget of the Senate, the Committee on Transportation and Infrastructure of the House of Representatives, and the Committee on the Budget of the House of Representatives a report regarding the compliance of each funding recipient with this subsection for the immediately preceding fiscal year.''. [[Page 135 STAT. 1181]] (c) Evaluation of Water Resources Research Program.--Section 104 of the Water Resources Research Act of 1984 (42 U.S.C. 10303) is amended by striking subsection (e) and inserting the following: ``(e) <<NOTE: Determinations.>> Evaluation of Water Resources Research Program.-- ``(1) <<NOTE: Time period.>> In general.--The Secretary shall conduct a careful and detailed evaluation of each institute at least once every 5 years to determine-- ``(A) the quality and relevance of the water resources research of the institute; ``(B) the effectiveness of the institute at producing measured results and applied water supply research; and ``(C) whether the effectiveness of the institute as an institution for planning, conducting, and arranging for research warrants continued support under this section. ``(2) Prohibition on further support.--If, as a result of an evaluation under paragraph (1), the Secretary determines that an institute does not qualify for further support under this section, no further grants to the institute may be provided until the qualifications of the institute are reestablished to the satisfaction of the Secretary.''. (d) Authorization of Appropriations.--Section 104(f)(1) of the Water Resources Research Act of 1984 (42 U.S.C. 10303(f)(1)) is amended by striking ``fiscal years 2007 through 2011'' and inserting ``fiscal years 2022 through 2025''. (e) Additional Appropriations Where Research Focused on Water Problems of Interstate Nature.--Section 104(g)(1) of the Water Resources Research Act of 1984 (42 U.S.C. 10303(g)(1)) is amended in the first sentence by striking ``$6,000,000 for each of fiscal years 2007 through 2011'' and inserting ``$3,000,000 for each of fiscal years 2022 through 2025''. SEC. 50222. ENHANCED AQUIFER USE AND RECHARGE. Title I of the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.) is amended by adding at the end the following: ``SEC. 124. <<NOTE: 33 USC 1276.>> ENHANCED AQUIFER USE AND RECHARGE. ``(a) In General.--Subject to the availability of appropriations, the Administrator shall provide funding to carry out groundwater research on enhanced aquifer use and recharge in support of sole-source aquifers, of which-- ``(1) <<NOTE: Grants.>> not less than 50 percent shall be used to provide 1 grant to a State, unit of local government, or Indian Tribe to carry out activities that would directly support that research; and ``(2) the remainder shall be provided to 1 appropriate research center. ``(b) Coordination.--As a condition of accepting funds under subsection (a), the State, unit of local government, or Indian Tribe and the appropriate research center that receive funds under that subsection shall establish a formal research relationship for the purpose of coordinating efforts under this section. ``(c) Authorization of Appropriations.--There is authorized to be appropriated to the Administrator to carry out this section $5,000,000 for each of fiscal years 2022 through 2026.''. [[Page 135 STAT. 1182]] DIVISION F--BROADBAND TITLE I--BROADBAND GRANTS FOR STATES, DISTRICT OF COLUMBIA, PUERTO RICO, AND TERRITORIES SEC. 60101. <<NOTE: 47 USC 1701.>> FINDINGS. Congress finds the following: (1) Access to affordable, reliable, high-speed broadband is essential to full participation in modern life in the United States. (2) The persistent ``digital divide'' in the United States is a barrier to the economic competitiveness of the United States and equitable distribution of essential public services, including health care and education. (3) The digital divide disproportionately affects communities of color, lower-income areas, and rural areas, and the benefits of broadband should be broadly enjoyed by all. (4) In many communities across the country, increased competition among broadband providers has the potential to offer consumers more affordable, high-quality options for broadband service. (5) The 2019 novel coronavirus pandemic has underscored the critical importance of affordable, high-speed broadband for individuals, families, and communities to be able to work, learn, and connect remotely while supporting social distancing. SEC. 60102. <<NOTE: 47 USC 1702.>> GRANTS FOR BROADBAND DEPLOYMENT. (a) Definitions.-- (1) Areas, locations, and institutions lacking broadband access.--In this section: (A) Unserved location.--The term ``unserved location'' means a broadband-serviceable location, as determined in accordance with the broadband DATA maps, that-- (i) has no access to broadband service; or (ii) lacks access to reliable broadband service offered with-- (I) a speed of not less than-- (aa) 25 megabits per second for downloads; and (bb) 3 megabits per second for uploads; and (II) a latency sufficient to support real-time, interactive applications. (B) Unserved service project.--The term ``unserved service project'' means a project in which not less than 80 percent of broadband-serviceable locations served by the project are unserved locations. (C) Underserved location.--The term ``underserved location'' means a location-- (i) that is not an unserved location; and (ii) as determined in accordance with the broadband DATA maps, lacks access to reliable broadband service offered with-- [[Page 135 STAT. 1183]] (I) a speed of not less than-- (aa) 100 megabits per second for downloads; and (bb) 20 megabits per second for uploads; and (II) a latency sufficient to support real-time, interactive applications. (D) Underserved service project.--The term ``underserved service project'' means a project in which not less than 80 percent of broadband-serviceable locations served by the project are unserved locations or underserved locations. (E) Eligible community anchor institution.--The term ``eligible community anchor institution'' means a community anchor institution that lacks access to gigabit-level broadband service. (2) Other definitions.--In this section: (A) Assistant secretary.--The term ``Assistant Secretary'' means the Assistant Secretary of Commerce for Communications and Information. (B) Broadband; broadband service.--The term ``broadband'' or ``broadband service'' has the meaning given the term ``broadband internet access service'' in section 8.1(b) of title 47, Code of Federal Regulations, or any successor regulation. (C) Broadband data maps.--The term ``broadband DATA maps'' means the maps created under section 802(c)(1) of the Communications Act of 1934 (47 U.S.C. 642(c)(1)). (D) Commission.--The term ``Commission'' means the Federal Communications Commission. (E) Community anchor institution.--The term ``community anchor institution'' means an entity such as a school, library, health clinic, health center, hospital or other medical provider, public safety entity, institution of higher education, public housing organization, or community support organization that facilitates greater use of broadband service by vulnerable populations, including low-income individuals, unemployed individuals, and aged individuals. (F) Eligible entity.--The term ``eligible entity'' means a State. (G) High-cost area.-- (i) <<NOTE: Determination. Consultations.>> In general.--The term ``high-cost area'' means an unserved area in which the cost of building out broadband service is higher, as compared with the average cost of building out broadband service in unserved areas in the United States (as determined by the Assistant Secretary, in consultation with the Commission), incorporating factors that include-- (I) the remote location of the area; (II) the lack of population density of the area; (III) the unique topography of the area; (IV) a high rate of poverty in the area; or (V) any other factor identified by the Assistant Secretary, in consultation with the Commission, [[Page 135 STAT. 1184]] that contributes to the higher cost of deploying broadband service in the area. (ii) Unserved area.--For purposes of clause (i), the term ``unserved area'' means an area in which not less than 80 percent of broadband- serviceable locations are unserved locations. (H) Location; broadband-serviceable location.--The terms ``location'' and ``broadband-serviceable location'' have the meanings given those terms by the Commission under rules and guidance that are in effect, as of the date of enactment of this Act. (I) Priority broadband project.--The term ``priority broadband project'' means a project designed to-- (i) <<NOTE: Criteria. Determination.>> provide broadband service that meets speed, latency, reliability, consistency in quality of service, and related criteria as the Assistant Secretary shall determine; and (ii) ensure that the network built by the project can easily scale speeds over time to-- (I) meet the evolving connectivity needs of households and businesses; and (II) support the deployment of 5G, successor wireless technologies, and other advanced services. (J) Program.--The term ``Program'' means the Broadband Equity, Access, and Deployment Program established under subsection (b)(1). (K) Project.--The term ``project'' means an undertaking by a subgrantee under this section to construct and deploy infrastructure for the provision of broadband service. (L) <<NOTE: Criteria. Determination.>> Reliable broadband service.--The term ``reliable broadband service'' means broadband service that meets performance criteria for service availability, adaptability to changing end-user requirements, length of serviceable life, or other criteria, other than upload and download speeds, as determined by the Assistant Secretary in coordination with the Commission. (M) <<NOTE: Applicability.>> State.--The term ``State'' has the meaning given the term in section 158 of the National Telecommunications and Information Administration Organization Act (47 U.S.C. 942), except that that definition shall be applied by striking ``, and any other territory or possession of the United States''. (N) Subgrantee.--The term ``subgrantee'' means an entity that receives grant funds from an eligible entity to carry out activities under subsection (f). (b) <<NOTE: Grants.>> Broadband Equity, Access, and Deployment Program.-- (1) <<NOTE: Deadline.>> Establishment.--Not later than 180 days after the date of enactment of this Act, the Assistant Secretary shall establish a grant program, to be known as the ``Broadband Equity, Access, and Deployment Program'', under which the Assistant Secretary makes grants to eligible entities, in accordance with this section, to bridge the digital divide. (2) Authorization of appropriations.--There is authorized to be appropriated to the Assistant Secretary to carry out the Program $42,450,000,000. [[Page 135 STAT. 1185]] (3) <<NOTE: Notice.>> Obligation timeline.--The Assistant Secretary shall obligate all amounts appropriated pursuant to paragraph (2) in an expedient manner after the Assistant Secretary issues the notice of funding opportunity under subsection (e)(1). (4) Technical support and assistance.-- (A) <<NOTE: Consultation.>> Program assistance.--As part of the Program, the Assistant Secretary, in consultation with the Commission, shall provide technical support and assistance to eligible entities to facilitate their participation in the Program, including by assisting eligible entities with-- (i) the development of grant applications under the Program; (ii) <<NOTE: Plans. Procedures.>> the development of plans and procedures for distribution of funds under the Program; and (iii) <<NOTE: Determination.>> other technical support as determined by the Assistant Secretary. (B) General assistance.--The Assistant Secretary shall provide technical and other assistance to eligible entities-- (i) to support the expansion of broadband, with priority for-- (I) expansion in rural areas; and (II) eligible entities that consistently rank below most other eligible entities with respect to broadband access and deployment; and (ii) regarding cybersecurity resources and programs available through Federal agencies, including the Election Assistance Commission, the Cybersecurity and Infrastructure Security Agency, the Federal Trade Commission, and the National Institute of Standards and Technology. (c) Allocation.-- (1) Allocation for high-cost areas.-- (A) <<NOTE: Effective date.>> In general.--On or after the date on which the broadband DATA maps are made public, the Assistant Secretary shall allocate to eligible entities, in accordance with subparagraph (B) of this paragraph, 10 percent of the amount appropriated pursuant to subsection (b)(2). (B) Formula.--The Assistant Secretary shall calculate the amount allocated to an eligible entity under subparagraph (A) by-- (i) dividing the number of unserved locations in high-cost areas in the eligible entity by the total number of unserved locations in high-cost areas in the United States; and (ii) multiplying the quotient obtained under clause (i) by the amount made available under subparagraph (A). (2) Minimum initial allocation.--Of the amount appropriated pursuant to subsection (b)(2)-- (A) except as provided in subparagraph (B) of this paragraph, $100,000,000 shall be allocated to each State; and (B) $100,000,000 shall be allocated to, and divided equally among, the United States Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands. [[Page 135 STAT. 1186]] (3) Allocation of remaining amounts.-- (A) <<NOTE: Effective date.>> In general.--On or after the date on which the broadband DATA maps are made public, of the amount appropriated pursuant to subsection (b)(2), the Assistant Secretary shall allocate to eligible entities, in accordance with subparagraph (B) of this paragraph, the amount remaining after compliance with paragraphs (1) and (2) of this subsection. (B) Allocation.--The amount allocated to an eligible entity under subparagraph (B) shall be calculated by-- (i) dividing the number of unserved locations in the eligible entity by the total number of unserved locations in the United States; and (ii) multiplying the quotient obtained under clause (i) by the amount made available under subparagraph (A). (4) Availability conditioned on approval of applications.-- The availability of amounts allocated under paragraph (1), (2), or (3) to an eligible entity shall be subject to approval by the Assistant Secretary of the letter of intent, initial proposal, or final proposal of the eligible entity, as applicable, under subsection (e). (5) Contingency procedures.-- (A) Definition.--In this paragraph, the term ``covered application'' means a letter of intent, initial proposal, or final proposal under this section. (B) Political subdivisions and consortia.-- (i) Application failures.--The Assistant Secretary, in carrying out the Program, shall provide that if an eligible entity fails to submit a covered application by the applicable deadline, or a covered application submitted by an eligible entity is not approved by the applicable deadline, a political subdivision or consortium of political subdivisions of the eligible entity may submit the applicable type of covered application in place of the eligible entity. (ii) Treatment of political subdivision or consortium as eligible entity.--In the case of a political subdivision or consortium of political subdivisions that submits a covered application under clause (i) that is approved by the Assistant Secretary-- (I) except as provided in subclause (II) of this clause, any reference in this section to an eligible entity shall be deemed to refer to the political subdivision or consortium; and (II) any reference in this section to an eligible entity in a geographic sense shall be deemed to refer to the eligible entity in whose place the political subdivision or consortium submitted the covered application. (C) Reallocation to other eligible entities.-- (i) Application failures.--The Assistant Secretary, in carrying out the Program, shall provide that if an eligible entity fails to submit a covered application by the applicable deadline, or a covered application submitted by an eligible entity is not approved by the applicable deadline, as provided in subparagraph [[Page 135 STAT. 1187]] (A)), and no political subdivision or consortium of political subdivisions of the eligible entity submits a covered application by the applicable deadline, or no covered application submitted by such a political subdivision or consortium is approved by the applicable deadline, as provided in subparagraph (B), the Assistant Secretary-- (I) shall reallocate the amounts that would have been available to the eligible entity pursuant to that type of covered application to other eligible entities that submitted that type of covered application by the applicable deadline; and (II) shall reallocate the amounts described in subclause (I) of this clause in accordance with the formula under paragraph (3). (ii) Failure to use full allocation.--The Assistant Secretary, in carrying out the Program, shall provide that if an eligible entity fails to use the full amount allocated to the eligible entity under this subsection by the applicable deadline, the Assistant Secretary-- (I) shall reallocate the unused amounts to other eligible entities with approved final proposals; and (II) shall reallocate the amounts described in subclause (I) in accordance with the formula under paragraph (3). (d) Administrative Expenses.-- (1) Assistant secretary.--The Assistant Secretary may use not more than 2 percent of amounts appropriated pursuant to subsection (b) for administrative purposes. (2) Eligible entities.-- (A) Pre-deployment planning.--An eligible entity may use not more than 5 percent of the amount allocated to the eligible entity under subsection (c)(2) for the planning and pre-deployment activities under subsection (e)(1)(C). (B) Administration.--An eligible entity may use not more than 2 percent of the grant amounts made available to the eligible entity under subsection (e) for expenses relating (directly or indirectly) to administration of the grant. (e) Implementation.-- (1) Initial program deployment and planning.-- (A) <<NOTE: Deadline.>> Notice of funding opportunity; process.--Not later than 180 days after the date of enactment of this Act, the Assistant Secretary shall-- (i) issue a notice of funding opportunity for the Program that-- (I) notifies eligible entities of-- (aa) the establishment of the Program; and (bb) the amount of the minimum initial allocation to each eligible entity under subsection (c)(2); (II) invites eligible entities to submit letters of intent under subparagraph (B) in order to-- (aa) participate in the Program; and [[Page 135 STAT. 1188]] (bb) receive funding for planning and pre-deployment activities under subparagraph (C); (III) contains details about the Program, including an outline of the requirements for-- (aa) applications for grants under the Program, which shall consist of letters of intent, initial proposals, and final proposals; and (bb) allowed uses of grant amounts awarded under this section, as provided in subsection (f); and (IV) <<NOTE: Determination.>> includes any other information determined relevant by the Assistant Secretary; (ii) establish a process, in accordance with subparagraph (C), through which to provide funding to eligible entities for planning and pre- deployment activities; (iii) <<NOTE: Public information. Web posting.>> develop and make public a standard online application form that an eligible entity may use to submit an initial proposal and final proposal for the grant amounts allocated to the eligible entity under subsection (c); (iv) <<NOTE: Publication. Proposals.>> publish a template-- (I) initial proposal that complies with paragraph (3)(A); and (II) final proposal that complies with paragraph (4)(A); and (v) <<NOTE: Consultation.>> in consultation with the Commission, establish standards for how an eligible entity shall assess the capabilities and capacities of a prospective subgrantee under subsection (g)(2)(A). (B) Letter of intent.-- (i) In general.--An eligible entity that wishes to participate in the Program shall file a letter of intent to participate in the Program consistent with this subparagraph. (ii) Form and contents.--The Assistant Secretary may establish the form and contents required for a letter of intent under this subparagraph, which contents may include-- (I) details of-- (aa) the existing broadband program or office of the eligible entity, including-- (AA) activities that the program or office currently conducts; (BB) the number of rounds of broadband deployment grants that the eligible entity has awarded, if applicable; (CC) whether the eligible entity has an eligible entity-wide plan and goal for availability of broadband, and any relevant deadlines, as applicable; and (DD) the amount of funding that the eligible entity has available for broadband deployment or other broadband-related activities, including data collection and local planning, and the sources of that funding, including whether the funds are [[Page 135 STAT. 1189]] from the eligible entity or from the Federal Government under the American Rescue Plan Act of 2021 (Public Law 117-2); (bb) the number of full-time employees and part-time employees of the eligible entity who will assist in administering amounts received under the Program and the duties assigned to those employees; (cc) relevant contracted support; and (dd) <<NOTE: Timeline. Requiremen ts.>> the goals of the eligible entity for the use of amounts received under the Program, the process that the eligible entity will use to distribute those amounts to subgrantees, the timeline for awarding subgrants, and oversight and reporting requirements that the eligible entity will impose on subgrantees; (II) the identification of known barriers or challenges to developing and administering a program to administer grants received under the Program, if applicable; (III) the identification of the additional capacity needed by the eligible entity to implement the requirements under this section, such as-- (aa) enhancing the capacity of the broadband program or office of the eligible entity by receiving technical assistance from Federal entities or other partners, hiring additional employees, or obtaining support from contracted entities; or (bb) acquiring additional programmatic information or data, such as through surveys or asset inventories; (IV) an explanation of how the needs described in subclause (III) were identified and how funds may be used to address those needs, including target areas; (V) details of any relevant partners, such as organizations that may inform broadband deployment and adoption planning; and (VI) <<NOTE: Determination.>> any other information determined relevant by the Assistant Secretary. (C) <<NOTE: Determinations.>> Planning funds.-- (i) In general.--The Assistant Secretary shall establish a process through which an eligible entity, in submitting a letter of intent under subparagraph (B), may request access to not more than 5 percent of the amount allocated to the eligible entity under subsection (c)(2) for use consistent with this subparagraph. (ii) Funding availability.--If the Assistant Secretary approves a request from an eligible entity under clause (i), the Assistant Secretary shall make available to the eligible entity an amount, as determined appropriate by the Assistant Secretary, that is not more than 5 percent of the amount allocated to the eligible entity under subsection (c)(2). [[Page 135 STAT. 1190]] (iii) Eligible use.--The Assistant Secretary shall determine the allowable uses of amounts made available under clause (ii), which may include-- (I) research and data collection, including initial identification of unserved locations and underserved locations; (II) the development of a preliminary budget for pre-planning activities; (III) publications, outreach, and communications support; (IV) providing technical assistance, including through workshops and events; (V) training for employees of the broadband program or office of the eligible entity or employees of political subdivisions of the eligible entity, and related staffing capacity or consulting or contracted support; and (VI) with respect to an office that oversees broadband programs and broadband deployment in an eligible entity, establishing, operating, or increasing the capacity of such a broadband office. (D) Action plan.-- (i) <<NOTE: Time period.>> In general.--An eligible entity that receives funding from the Assistant Secretary under subparagraph (C) shall submit to the Assistant Secretary a 5-year action plan, which shall-- (I) be informed by collaboration with local and regional entities; and (II) detail-- (aa) investment priorities and associated costs; (bb) alignment of planned spending with economic development, telehealth, and related connectivity efforts. (ii) Requirements of action plans.--The Assistant Secretary shall establish requirements for the 5-year action plan submitted by an eligible entity under clause (i), which may include requirements to-- (I) address local and regional needs in the eligible entity with respect to broadband service; (II) <<NOTE: Proposal.>> propose solutions for the deployment of affordable broadband service in the eligible entity; (III) include localized data with respect to the deployment of broadband service in the eligible entity, including by identifying locations that should be prioritized for Federal support with respect to that deployment; (IV) ascertain how best to serve unserved locations in the eligible entity, whether through the establishment of cooperatives or public- private partnerships; (V) identify the technical assistance that would be necessary to carry out the plan; and (VI) <<NOTE: Assessment.>> assess the amount of time it would take to build out universal broadband service in the eligible entity. [[Page 135 STAT. 1191]] (2) Notice of available amounts; invitation to submit initial and final <<NOTE: Effective date. Coordination.>> proposals.--On or after the date on which the broadband DATA maps are made public, the Assistant Secretary, in coordination with the Commission, shall issue a notice to each eligible entity that-- (A) contains the estimated amount available to the eligible entity under subsection (c); and (B) invites the eligible entity to submit an initial proposal and final proposal for a grant under this section, in accordance with paragraphs (3) and (4) of this subsection. (3) Initial proposal.-- (A) Submission.-- (i) In general.--After the Assistant Secretary issues the notice under paragraph (2), an eligible entity that wishes to receive a grant under this section shall submit an initial proposal for a grant, using the online application form developed by the Assistant Secretary under paragraph (1)(A)(iii), that-- (I) outlines long-term objectives for deploying broadband, closing the digital divide, and enhancing economic growth and job creation, including-- (aa) information developed by the eligible entity as part of the action plan submitted under paragraph (1)(D), if applicable; and (bb) information from any comparable strategic plan otherwise developed by the eligible entity, if applicable; (II)(aa) identifies, and outlines steps to support, local and regional broadband planning processes or ongoing efforts to deploy broadband or close the digital divide; and (bb) describes coordination with local governments, along with local and regional broadband planning processes; (III) identifies existing efforts funded by the Federal Government or a State within the jurisdiction of the eligible entity to deploy broadband and close the digital divide; (IV) <<NOTE: Plan.>> includes a plan to competitively award subgrants to ensure timely deployment of broadband; (V) identifies-- (aa) each unserved location or underserved location under the jurisdiction of the eligible entity; and (bb) each community anchor institution under the jurisdiction of the eligible entity that is an eligible community anchor institution; and (VI) <<NOTE: Certification. Compliance.>> certifies the intent of the eligible entity to comply with all applicable requirements under this section, including the reporting requirements under subsection (j)(1). (ii) Local coordination.-- (I) <<NOTE: Requirements.>> In general.--The Assistant Secretary shall establish local coordination requirements for [[Page 135 STAT. 1192]] eligible entities to follow, to the greatest extent practicable. (II) Requirements.-- The local coordination requirements established under subclause (I) shall include, at minimum, an opportunity for political subdivisions of an eligible entity to-- (aa) <<NOTE: Plans.>> submit plans for consideration by the eligible entity; and (bb) comment on the initial proposal of the eligible entity before the initial proposal is submitted to the Assistant Secretary. (B) Single initial proposal.--An eligible entity may submit only 1 initial proposal under this paragraph. (C) Corrections to initial proposal.--The Assistant Secretary may accept corrections to the initial proposal of an eligible entity after the initial proposal has been submitted. (D) Consideration of initial proposal.--After receipt of an initial proposal for a grant under this paragraph, the Assistant Secretary-- (i) shall acknowledge receipt; (ii) if the initial proposal is complete-- (I) <<NOTE: Determinations.>> shall determine whether the use of funds proposed in the initial proposal-- (aa) complies with subsection (f); (bb) is in the public interest; and (cc) effectuates the purposes of this Act; (II) shall approve or disapprove the initial proposal based on the determinations under subclause (I); and (III) if the Assistant Secretary approves the initial proposal under clause (ii)(II), shall make available to the eligible entity-- (aa) 20 percent of the grant funds that were allocated to the eligible entity under subsection (c); or (bb) a higher percentage of the grant funds that were allocated to the eligible entity under subsection (c), at the discretion of the Assistant Secretary; and (iii) <<NOTE: Notification.>> if the initial proposal is incomplete, or is disapproved under clause (ii)(II), shall notify the eligible entity and provide the eligible entity with an opportunity to resubmit the initial proposal. (E) Consideration of resubmitted initial proposal.-- After receipt of a resubmitted initial proposal for a grant under this paragraph, the Assistant Secretary-- (i) shall acknowledge receipt; (ii) if the initial proposal is complete-- (I) <<NOTE: Determinations.>> shall determine whether the use of funds proposed in the initial proposal-- (aa) complies with subsection (f); (bb) is in the public interest; and (cc) effectuates the purposes of this Act; (II) shall approve or disapprove the initial proposal based on the determinations under subclause (I); and [[Page 135 STAT. 1193]] (III) if the Assistant Secretary approves the initial proposal under clause (ii)(II), shall make available to the eligible entity-- (aa) 20 percent of the grant funds that were allocated to the eligible entity under subsection (c); or (bb) a higher percentage of the grant funds that were allocated to the eligible entity under subsection (c), at the discretion of the Assistant Secretary; and (iii) <<NOTE: Notification.>> if the initial proposal is incomplete, or is disapproved under clause (ii)(II), shall notify the eligible entity and provide the eligible entity with an opportunity to resubmit the initial proposal. (4) Final proposal.-- (A) Submission.-- (i) In general.--After the Assistant Secretary approvals the initial proposal of an eligible entity under paragraph (3), the eligible entity may submit a final proposal for the remainder of the amount allocated to the eligible entity under subsection (c), using the online application form developed by the Assistant Secretary under paragraph (1)(A)(iii), that includes-- (I) <<NOTE: Plan.>> a detailed plan that specifies how the eligible entity will-- (aa) <<NOTE: Allocation.>> alloca te grant funds for the deployment of broadband networks to unserved locations and underserved locations, in accordance with subsection (h)(1)(A)(i); and (bb) align the grant funds allocated to the eligible entity under subsection (c), where practicable, with the use of other funds that the eligible entity receives from the Federal Government, a State, or a private entity for related purposes; (II) <<NOTE: Timeline.>> a timeline for implementation; (III) processes for oversight and accountability to ensure the proper use of the grant funds allocated to the eligible entity under subsection (c); and (IV) a description of coordination with local governments, along with local and regional broadband planning processes. (ii) Local coordination.-- (I) <<NOTE: Requirements.>> In general.--The Assistant Secretary shall establish local coordination requirements for eligible entities to follow, to the greatest extent practicable. (II) Requirements.-- The local coordination requirements established under subclause (I) shall include, at minimum, an opportunity for political subdivisions of an eligible entity to-- (aa) <<NOTE: Plans.>> submit plans for consideration by the eligible entity; and (bb) comment on the final proposal of the eligible entity before the final proposal is submitted to the Assistant Secretary. [[Page 135 STAT. 1194]] (iii) Federal coordination.--To ensure efficient and effective use of taxpayer funds, an eligible entity shall, to the greatest extent practicable, align the use of grant funds proposed in the final proposal under clause (i) with funds available from other Federal programs that support broadband deployment and access. (B) Single final proposal.--An eligible entity may submit only 1 final proposal under this paragraph. (C) Corrections to final proposal.--The Assistant Secretary may accept corrections to the final proposal of an eligible entity after the final proposal has been submitted. (D) Consideration of final proposal.--After receipt of a final proposal for a grant under this paragraph, the Assistant Secretary-- (i) shall acknowledge receipt; (ii) if the final proposal is complete-- (I) <<NOTE: Determinations.>> shall determine whether the use of funds proposed in the final proposal-- (aa) complies with subsection (f); (bb) is in the public interest; and (cc) effectuates the purposes of this Act; (II) shall approve or disapprove the final proposal based on the determinations under subclause (I); and (III) if the Assistant Secretary approves the final proposal under clause (ii)(II), shall make available to the eligible entity the remainder of the grant funds allocated to the eligible entity under subsection (c); and (iii) <<NOTE: Notification.>> if the final proposal is incomplete, or is disapproved under clause (ii)(II), shall notify the eligible entity and provide the eligible entity with an opportunity to resubmit the final proposal. (E) Consideration of resubmitted final proposal.-- After receipt of a resubmitted final proposal for a grant under this paragraph, the Assistant Secretary-- (i) shall acknowledge receipt; (ii) if the final proposal is complete-- (I) <<NOTE: Determinations.>> shall determine whether the use of funds proposed in the final proposal-- (aa) complies with subsection (f); (bb) is in the public interest; and (cc) effectuates the purposes of this Act; (II) shall approve or disapprove the final proposal based on the determinations under subclause (I); and (III) if the Assistant Secretary approves the final proposal under clause (ii)(II), shall make available to the eligible entity the remainder of the grant funds allocated to the eligible entity under subsection (c); and (iii) <<NOTE: Notification.>> if the final proposal is incomplete, or is disapproved under clause (ii)(II), shall notify the eligible entity and provide the eligible entity with an opportunity to resubmit the final proposal. [[Page 135 STAT. 1195]] (f) Use of Funds.--An eligible entity may use grant funds received under this section to competitively award subgrants for-- (1) unserved service projects and underserved service projects; (2) connecting eligible community anchor institutions; (3) data collection, broadband mapping, and planning; (4) installing internet and Wi-Fi infrastructure or providing reduced-cost broadband within a multi-family residential building, with priority given to a residential building that-- (A) has a substantial share of unserved households; or (B) is in a location in which the percentage of individuals with a household income that is at or below 150 percent of the poverty line applicable to a family of the size involved (as determined under section 673(2) of the Community Services Block Grant Act (42 U.S.C. 9902(2)) is higher than the national percentage of such individuals; (5) broadband adoption, including programs to provide affordable internet-capable devices; and (6) <<NOTE: Determination.>> any use determined necessary by the Assistant Secretary to facilitate the goals of the Program. (g) General Program Requirements.-- (1) Subgrantee obligations.--A subgrantee, in carrying out activities using amounts received from an eligible entity under this section-- (A) shall adhere to quality-of-service standards, as established by the Assistant Secretary; (B) <<NOTE: Compliance. Consultation.>> shall comply with prudent cybersecurity and supply chain risk management practices, as specified by the Assistant Secretary, in consultation with the Director of the National Institute of Standards and Technology and the Commission; (C) shall incorporate best practices, as defined by the Assistant Secretary, for ensuring reliability and resilience of broadband infrastructure; and (D) may not use the amounts to purchase or support-- (i) any covered communications equipment or service, as defined in section 9 of the Secure and Trusted Communications Networks Act of 2019 (47 U.S.C. 1608); or (ii) <<NOTE: Waiver.>> fiber optic cable and optical transmission equipment manufactured in the People's Republic of China, except that the Assistant Secretary may waive the application of this clause with respect to a project if the eligible entity that awards a subgrant for the project shows that such application would unreasonably increase the cost of the project. (2) Eligible entity obligations.--In distributing funds to subgrantees under this section, an eligible entity shall-- (A) ensure that any prospective subgrantee-- (i) is capable of carrying out activities funded by the subgrant in a competent manner in compliance with all applicable Federal, State, and local laws; (ii) has the financial and managerial capacity to meet-- (I) the commitments of the subgrantee under the subgrant; [[Page 135 STAT. 1196]] (II) the requirements of the Program; and (III) such requirements as may be further prescribed by the Assistant Secretary; and (iii) has the technical and operational capability to provide the services promised in the subgrant in the manner contemplated by the subgrant award; (B) <<NOTE: Contracts.>> stipulate, in any contract with a subgrantee for the use of such funds, reasonable provisions for recovery of funds for nonperformance; and (C)(i) distribute the funds in an equitable and non- discriminatory manner; and (ii) <<NOTE: Contracts.>> ensure, through a stipulation in any contract with a subgrantee for the use of such funds, that each subgrantee uses the funds in an equitable and nondiscriminatory manner. (3) Deobligation of awards; internet disclosure.--The Assistant Secretary-- (A) <<NOTE: Coordination.>> shall establish, in coordination with relevant Federal and State partners, appropriate mechanisms to ensure appropriate use of funds made available under this section; (B) may, in addition to other authority under applicable law-- (i) deobligate grant funds awarded to an eligible entity that-- (I) violates paragraph (2); or (II) demonstrates an insufficient level of performance, or wasteful or fraudulent spending, as defined in advance by the Assistant Secretary; and (ii) award grant funds that are deobligated under clause (i) to new or existing applicants consistent with this section; and (C) <<NOTE: Database. Web posting. Public information.>> shall create and maintain a fully searchable database, accessible on the internet at no cost to the public, that contains information sufficient to allow the public to understand and monitor grants and subgrants awarded under the Program. (h) Broadband Network Deployment.-- (1) Order of awards; priority.-- (A) In general.--An eligible entity, in awarding subgrants for the deployment of a broadband network using grant funds received under this section, as authorized under subsection (f)(1)-- (i) shall award funding in a manner that-- (I) prioritizes unserved service projects; (II) after certifying to the Assistant Secretary that the eligible entity will ensure coverage of broadband service to all unserved locations within the eligible entity, prioritizes underserved service projects; and (III) after prioritizing underserved service projects, provides funding to connect eligible community anchor institutions; (ii) in providing funding under subclauses (I), (II), and (III) of clause (i), shall prioritize funding for deployment of broadband infrastructure for priority broadband projects; [[Page 135 STAT. 1197]] (iii) may not exclude cooperatives, nonprofit organizations, public-private partnerships, private companies, public or private utilities, public utility districts, or local governments from eligibility for such grant funds; and (iv) shall give priority to projects based on-- (I) deployment of a broadband network to persistent poverty counties or high-poverty areas; (II) the speeds of the proposed broadband service; (III) the expediency with which a project can be completed; and (IV) a demonstrated record of and plans to be in compliance with Federal labor and employment laws. (B) Authority of assistant secretary.--The Assistant Secretary may provide additional guidance on the prioritization of subgrants awarded for the deployment of a broadband network using grant funds received under this section. (2) Challenge process.-- (A) In general.--After submitting an initial proposal under subsection (e)(3) and before allocating grant funds received under this section for the deployment of broadband networks, an eligible entity shall ensure a transparent, evidence-based, and expeditious challenge process under which a unit of local government, nonprofit organization, or other broadband service provider can challenge a determination made by the eligible entity in the initial proposal as to whether a particular location or community anchor institution within the jurisdiction of the eligible entity is eligible for the grant funds, including whether a particular location is unserved or underserved. (B) Final identification; notification of funding eligibility.--After <<NOTE: Deadline.>> resolving each challenge under subparagraph (A), and not later than 60 days before allocating grant funds received under this section for the deployment of broadband networks, an eligible entity shall provide public notice of the final classification of each unserved location, underserved location, or eligible community anchor institution within the jurisdiction of the eligible entity. (C) <<NOTE: Notification.>> Consultation with ntia.--An eligible entity shall notify the Assistant Secretary of any modification to the initial proposal of the eligible entity submitted under subsection (e)(3) that is necessitated by a successful challenge under subparagraph (A) of this paragraph. (D) NTIA authority.--The Assistant Secretary-- (i) may modify the challenge process required under subparagraph (A) as necessary; and (ii) may reverse the determination of an eligible entity with respect to the eligibility of a particular location or community anchor institution for grant funds under this section. (E) Expediting broadband data collection activities.-- [[Page 135 STAT. 1198]] (i) Deadline for resolution of challenge process under broadband data act.--Section 802(b)(5)(C)(i) of the Communications Act of 1934 (47 U.S.C. 642(b)(5)(C)(i)) is amended by striking ``challenges'' and inserting the following: ``challenges, which shall require that the Commission resolve a challenge not later than 90 days after the date on which a final response by a provider to a challenge to the accuracy of a map or information described in subparagraph (A) is complete''. (ii) Paperwork reduction act exemption expansion.--Section 806(b) of the Communications Act of 1934 (47 U.S.C. 646(b)) is amended by striking ``the initial rule making required under section 802(a)(1)'' and inserting ``any rule making or other action by the Commission required under this title''. (iii) Implementation.--The Commission shall implement the amendments made by this subparagraph as soon as possible after the date of enactment of this Act. (3) Non-federal share of broadband infrastructure deployment costs.-- (A) In general.-- (i) Matching requirement.--In allocating grant funds received under this section for deployment of broadband networks, an eligible entity shall provide, or require a subgrantee to provide, a contribution, derived from non-Federal funds (or funds from a Federal regional commission or authority), except in high-cost areas or as otherwise provided by this Act, of not less than 25 percent of project costs. (ii) Waiver.--Upon request by an eligible entity or a subgrantee, the Assistant Secretary may reduce or waive the required matching contribution under clause (i). (B) Source of match.--A matching contribution under subparagraph (A)-- (i) may be provided by an eligible entity, a unit of local government, a utility company, a cooperative, a nonprofit organization, a for- profit company, regional planning or governmental organization, a Federal regional commission or authority, or any combination thereof; (ii) may include in-kind contributions; and (iii) may include funds that were provided to an eligible entity or a subgrantee-- (I) under-- (aa) the Families First Coronavirus Response Act (Public Law 116-127; 134 Stat. 178); (bb) the CARES Act (Public Law 116-136; 134 Stat. 281); (cc) the Consolidated Appropriations Act, 2021 (Public Law 116-260; 134 Stat. 1182); (dd) the American Rescue Plan Act of 2021 (Public Law 117-2; 135 Stat. 4); or [[Page 135 STAT. 1199]] (ee) any amendment made by an Act described in any of items (aa) through (dd); and (II) for the purpose of deployment of broadband service, as described in the applicable provision of law described in subclause (I). (C) Definition.--For purposes of this paragraph, the term ``Federal regional commission or authority'' means-- (i) the Appalachian Regional Commission; (ii) the Delta Regional Authority; (iii) the Denali Commission; and (iv) the Northern Border Regional Commission. (4) Deployment and provision of service requirements.--An entity that receives a subgrant under subsection (f)(1) for the deployment of a broadband network-- (A) in providing broadband service using the network-- (i) shall provide broadband service-- (I) at a speed of not less than 100 megabits per second for downloads and 20 megabits per second for uploads; (II) with a latency that is sufficiently low to allow reasonably foreseeable, real-time, interactive applications; and (III) <<NOTE: Time period.>> with network outages that do not exceed, on average, 48 hours over any 365-day period; and (ii) shall provide access to broadband service to each customer served by the project that desires broadband service; (B) shall offer not less than 1 low-cost broadband service option for eligible subscribers, as those terms are defined in paragraph (5) of this subsection; (C) <<NOTE: Deadline.>> shall deploy the broadband network and begin providing broadband service to each customer that desires broadband service not later than 4 years after the date on which the entity receives the subgrant, except that an eligible entity may extend the deadline under this subparagraph if-- (i) the eligible entity has a plan for use of the grant funds; (ii) the construction project is underway; or (iii) extenuating circumstances require an extension of time to allow the project to be completed; (D) for any project that involves laying fiber optic cables or conduit underground or along a roadway, shall include interspersed conduit access points at regular and short intervals; (E) may use the subgrant to deploy broadband infrastructure in or through any area required to reach interconnection points or otherwise to ensure the technical feasibility and financial sustainability of a project providing broadband service to an unserved location, underserved location, or eligible community anchor institution; (F) <<NOTE: Public information. Web posting.>> once the network has been deployed, shall provide public notice, online and through other means, of that fact to the locations and areas to which broadband service [[Page 135 STAT. 1200]] has been provided and share the public notice with the eligible entity that awarded the subgrant; (G) shall carry out public awareness campaigns in service areas that are designed to highlight the value and benefits of broadband service in order to increase the adoption of broadband service by consumers; and (H) if the entity is no longer able to provide broadband service to the locations covered by the subgrant at any time, shall sell the network capacity at a reasonable, wholesale rate on a nondiscriminatory basis to other broadband service providers or public sector entities. (5) Low-cost broadband service option.-- (A) Definitions.--In this paragraph-- (i) the term ``eligible subscriber'' shall have the meaning given the term by the Assistant Secretary for purposes of this paragraph; and (ii) the term ``low-cost broadband service option'' shall be defined by an eligible entity for subgrantees of the eligible entity in accordance with subparagraph (B). (B) Defining ``low-cost broadband service option''.-- (i) Proposal.--An eligible entity shall submit to the Assistant Secretary for approval, in the final proposal of the eligible entity submitted under subsection (e)(4), a proposed definition of ``low-cost broadband service option'' that shall apply to subgrantees of the eligible entity for purposes of the requirement under paragraph (4)(B) of this subsection. (ii) Consultation.--An eligible entity shall consult with the Assistant Secretary and prospective subgrantees regarding a proposed definition of ``low-cost broadband service option'' before submitting the proposed definition to the Assistant Secretary under clause (i). (iii) Approval of assistant secretary.-- (I) <<NOTE: Effective date.>> In general.--A proposed definition of ``low-cost broadband service option'' submitted by an eligible entity under clause (i) shall not take effect until the Assistant Secretary approves the final proposal of the eligible entity submitted under subsection (e)(4), including approval of the proposed definition of ``low-cost broadband service option''. (II) Resubmission.--If the Assistant Secretary does not approve a proposed definition of ``low-cost broadband service option'' submitted by an eligible entity under clause (i), the Assistant Secretary shall-- (aa) <<NOTE: Notification.>> notify the eligible entity and provide the eligible entity with an opportunity to resubmit the final proposal, as provided in subsection (e)(4), with an improved definition of ``low- cost broadband service option''; and (bb) provide the eligible entity with instructions on how to cure the defects in the proposed definition. [[Page 135 STAT. 1201]] (iv) Public disclosure.--After the Assistant Secretary approves the final proposal of an eligible entity under subsection (e)(4), and before the Assistant Secretary disburses any funds to the eligible entity based on that approval, the Assistant Secretary shall publicly disclose the eligible entity's definition of ``low-cost broadband service option''. (C) <<NOTE: Procedures.>> Nonperformance.--The Assistant Secretary shall develop procedures under which the Assistant Secretary or an eligible entity may-- (i) <<NOTE: Evaluation.>> evaluate the compliance of a subgrantee with the requirement under paragraph (4)(B); and (ii) take corrective action, including recoupment of funds from the subgrantee, for noncompliance with the requirement under paragraph (4)(B). (D) No regulation of rates permitted.--Nothing in this title may be construed to authorize the Assistant Secretary or the National Telecommunications and Information Administration to regulate the rates charged for broadband service. (E) Guidance.--The Assistant Secretary may issue guidance to eligible entities to carry out the purposes of this paragraph. (6) Return of funds.--An entity that receives a subgrant from an eligible entity under subsection (f) and fails to comply with any requirement under this subsection shall return up to the entire amount of the subgrant to the eligible entity, at the discretion of the eligible entity or the Assistant Secretary. (i) Regulations.--The Assistant Secretary may issue such regulations or other guidance, forms, instructions, and publications as may be necessary or appropriate to carry out the programs, projects, or activities authorized under this section, including to ensure that those programs, projects, or activities are completed in a timely and effective manner. (j) Reporting.-- (1) Eligible entities.-- (A) Initial report.--Not later than 90 days after receiving grant funds under this section, for the sole purposes of providing transparency and providing information to inform future Federal broadband planning, an eligible entity shall submit to the Assistant Secretary a report that-- (i) describes the planned and actual use of funds; (ii) describes the planned and actual process of subgranting; (iii) identifies the establishment of appropriate mechanisms by the eligible entity to ensure that all subgrantees of the eligible entity comply with the eligible uses prescribed under subsection (f); and (iv) includes any other information required by the Assistant Secretary. (B) <<NOTE: Time period.>> Semiannual report.--Not later than 1 year after receiving grant funds under this section, and semiannually thereafter until the funds have been expended, an eligible entity shall submit to the Assistant Secretary a report, with respect to the 6- month period immediately preceding the report date, that-- [[Page 135 STAT. 1202]] (i) describes how the eligible entity expended the grant funds; (ii) describes each service provided with the grant funds; (iii) describes the number of locations at which broadband service was made available using the grant funds, and the number of those locations at which broadband service was utilized; and (iv) <<NOTE: Certification.>> certifies that the eligible entity complied with the requirements of this section and with any additional reporting requirements prescribed by the Assistant Secretary. (C) Final report.--Not later than 1 year after an eligible entity has expended all grant funds received under this section, the eligible entity shall submit to the Assistant Secretary a report that-- (i) describes how the eligible entity expended the funds; (ii) describes each service provided with the grant funds; (iii) describes the number of locations at which broadband service was made available using the grant funds, and the number of those locations at which broadband service was utilized; (iv) includes each report that the eligible entity received from a subgrantee under paragraph (2); and (v) <<NOTE: Certification.>> certifies that the eligible entity complied with the requirements of this section and with any additional reporting requirements prescribed by the Assistant Secretary. (D) <<NOTE: Coordination. Determination.>> Provision to fcc and usda.--Subject to section 904(b)(2) of division FF of the Consolidated Appropriations Act, 2021 (Public Law 116-260) (relating to an interagency agreement), the Assistant Secretary shall coordinate with the Commission and the Department of Agriculture, including providing the final reports received under subparagraph (C) to the Commission and the Department of Agriculture to be used when determining whether to award funds for the deployment of broadband under any program administered by those agencies. (E) Federal agency reporting requirement.-- (i) Definitions.--In this subparagraph, the terms ``agency'' and ``Federal broadband support program'' have the meanings given those terms in section 903 of division FF of the Consolidated Appropriations Act, 2021 (Public Law 116-260) (also known as the ``ACCESS BROADBAND Act''). (ii) <<NOTE: Data.>> Requirement.--An agency that offers a Federal broadband support program shall provide data to the Assistant Secretary, in a manner and format prescribed by the Assistant Secretary, to promote coordination of efforts to track construction and use of broadband infrastructure. (2) Subgrantees.-- (A) Semiannual report.--The recipient of a subgrant from an eligible entity under this section shall submit to the eligible entity a semiannual report for the duration [[Page 135 STAT. 1203]] of the subgrant to track the effectiveness of the use of funds provided. (B) Contents.--Each report submitted under subparagraph (A) shall-- (i) describe each type of project carried out using the subgrant and the duration of the subgrant; (ii) in the case of a broadband infrastructure project-- (I) <<NOTE: List.>> include a list of addresses or locations that constitute the service locations that will be served by the broadband infrastructure to be constructed; (II) identify whether each address or location described in subclause (I) is residential, commercial, or a community anchor institution; (III) describe the types of facilities that have been constructed and installed; (IV) describe the peak and off-peak actual speeds of the broadband service being offered; (V) describe the maximum advertised speed of the broadband service being offered; (VI) describe the non-promotional prices, including any associated fees, charged for different tiers of broadband service being offered; (VII) include any other data that would be required to comply with the data and mapping collection standards of the Commission under section 1.7004 of title 47, Code of Federal Regulations, or any successor regulation, for broadband infrastructure projects; and (VIII) <<NOTE: Compliance. Determination. >> comply with any other reasonable reporting requirements determined by the eligible entity or the Assistant Secretary; and (iii) <<NOTE: Certification.>> certify that the information in the report is accurate. (3) Standardization and coordination.--The Assistant Secretary and the Commission shall collaborate to-- (A) standardize and coordinate reporting of locations at which broadband service was provided using grant funds received under this section in accordance with title VIII of the Communications Act of 1934 (47 U.S.C. 641 et seq.); and (B) provide a standardized methodology to recipients of grants and subgrantees under this section for reporting the information described in subparagraph (A). (4) Information on broadband subsidies and low-income plans.-- (A) <<NOTE: Deadline. Consultation. Public information.>> Establishment of website.--Not later than 2 years after the date of enactment of this Act, the Assistant Secretary, in consultation with the Commission, shall establish a publicly available website that-- (i) allows a consumer to determine, based on financial information entered by the consumer, whether the consumer is eligible-- (I) to receive a Federal or State subsidy with respect to broadband service; or (II) for a low-income plan with respect to broadband service; and [[Page 135 STAT. 1204]] (ii) contains information regarding how to apply for the applicable benefit described in clause (i). (B) Provision of data.--A Federal entity, State entity receiving Federal funds, or provider of broadband service that offers a subsidy or low-income plan, as applicable, with respect to broadband service shall provide data to the Assistant Secretary in a manner and format as established by the Assistant Secretary as necessary for the Assistant Secretary to carry out subparagraph (A). (k) Relation to Other Public Funding.--Notwithstanding any other provision of law-- (1) an entity that has received amounts from the Federal Government or a State or local government for the purpose of expanding access to broadband service may receive a subgrant under subsection (f) in accordance with this section; and (2) the receipt of a subgrant under subsection (f) by an entity described in paragraph (1) of this subsection shall not affect the eligibility of the entity to receive the amounts from the Federal Government or a State or local government described in that paragraph. (l) Supplement Not Supplant.--Grant funds awarded to an eligible entity under this section shall be used to supplement, and not supplant, the amounts that the eligible entity would otherwise make available for the purposes for which the grant funds may be used. (m) Sense of Congress Regarding Federal Agency Coordination.--It is the sense of Congress that Federal agencies responsible for supporting broadband deployment, including the Commission, the Department of Commerce, and the Department of Agriculture, to the extent possible, should align the goals, application and reporting processes, and project requirements with respect to broadband deployment supported by those agencies. (n) Judicial Review.-- (1) In general.--The United States District Court for the District of Columbia shall have exclusive jurisdiction to review a decision of the Assistant Secretary made under this section. (2) Standard of review.--In carrying out any review described in paragraph (1), the court shall affirm the decision of the Assistant Secretary unless-- (A) the decision was procured by corruption, fraud, or undue means; (B) there was actual partiality or corruption in the Assistant Secretary; or (C) the Assistant Secretary was guilty of-- (i) misconduct in refusing to review the administrative record; or (ii) any other misbehavior by which the rights of any party have been prejudiced. (o) Exemption From Certain Laws.--Any action taken or decision made by the Assistant Secretary under this section shall be exempt from the requirements of-- (1) section 3506 of title 44, United States Code (commonly referred to as the ``Paperwork Reduction Act''); (2) chapter 5 or 7 of title 5, United States Code (commonly referred to as the ``Administrative Procedures Act''); and [[Page 135 STAT. 1205]] (3) chapter 6 of title 5, United States Code (commonly referred to as the ``Regulatory Flexibility Act''). SEC. 60103. <<NOTE: 47 USC 1703.>> BROADBAND DATA MAPS. (a) Definition.--In this section, the term ``Commission'' means the Federal Communications Commission. (b) Provision of Information.--A broadband provider shall provide the Commission with any information, in the format, type, or specification requested by the Commission, necessary to augment the collection of data by the Commission under-- (1) title VIII of the Communications Act of 1934 (47 U.S.C. 641 et seq.); or (2) the Form 477 data collection program. (c) Notice of Initial Broadband DATA Collection Filing Deadline.-- The Commission-- (1) shall provide notice to broadband providers not later than 60 days before the initial deadline for submission of data under section 802(a)(1)(A) of the Communications Act of 1934 (47 U.S.C. 642(a)(1)(A)); and (2) notwithstanding any prior decision of the Commission to the contrary, shall not be required to provide notice not later than 6 months before the initial deadline described in paragraph (1). (d) Availability of Census Data.-- (1) In general.--Section 802(b)(1) of the Communications Act of 1934 (47 U.S.C. 802(b)(1)) is amended by adding at the end the following: ``(D) Availability of census data.--The Secretary of Commerce shall submit to the Commission, for inclusion in the Fabric, a count of the aggregate number of housing units in each census block, as collected by the Bureau of the Census.''. (2) Provision of updated 2020 census data.--Not later than 30 days after receiving a request from the Commission, the Secretary of Commerce, in implementing the amendment made by paragraph (1), shall provide the Commission with a count of the aggregate number of housing units in each census block, as collected during the 2020 decennial census of population. (e) Publication of Broadband DATA Maps on Internet.--Section 802(c)(6) of the Communications Act of 1934 (47 U.S.C. 642(c)(6)) is amended, in the matter preceding paragraph (6), by inserting ``, including on a publicly available website,'' after ``make public''. SEC. 60104. REPORT ON FUTURE OF UNIVERSAL SERVICE FUND. (a) Definitions.--In this section-- (1) the term ``Commission'' means the Federal Communications Commission; and (2) the term ``universal service goals for broadband'' means the statutorily mandated goals of universal service for advanced telecommunications capability under section 706 of the Telecommunications Act of 1996 (47 U.S.C. 1302). (b) <<NOTE: Deadline.>> Evaluation.--Not later than 30 days after the date of enactment of this Act, the Commission shall commence a proceeding to evaluate the implications of this Act and the amendments made by this Act on how the Commission should achieve the universal service goals for broadband. [[Page 135 STAT. 1206]] (c) Report.-- (1) In general.--Not later than 270 days after the date of enactment of this Act, the Commission shall submit to Congress a report on the options of the Commission for improving its effectiveness in achieving the universal service goals for broadband in light of this Act and the amendments made by this Act, and other legislation that addresses those goals. (2) Recommendations.--In the report submitted under paragraph (1), the Commission may make recommendations for Congress on further actions the Commission and Congress could take to improve the ability of the Commission to achieve the universal service goals for broadband. (3) Scope of universal service.--In submitting the report under paragraph (1), the Commission-- (A) may not in any way reduce the congressional mandate to achieve the universal service goals for broadband; and (B) <<NOTE: Recommenda- tions.>> may provide recommendations for Congress to expand the universal service goals for broadband, if the Commission believes such an expansion is in the public interest. SEC. 60105. <<NOTE: 47 USC 1704.>> BROADBAND DEPLOYMENT LOCATIONS MAP. (a) Definitions.--In this section: (1) Broadband infrastructure.--The term ``broadband infrastructure'' means any cables, fiber optics, wiring, or other permanent (integral to the structure) infrastructure, including wireless infrastructure, that-- (A) is capable of providing access to internet connections in individual locations; and (B) is an advanced telecommunications capability, as defined in section 706(d) of the Telecommunications Act of 1996 (47 U.S.C. 1302(d)). (2) Commission.--The term ``Commission'' means the Federal Communications Commission. (3) Deployment locations map.--The term ``Deployment Locations Map'' means the mapping tool required to be established under subsection (b). (b) <<NOTE: Deadline. Consultation.>> Establishment of Deployment Locations Map.--Not later than 18 months after the date of enactment of this Act, the Commission shall, in consultation with all relevant Federal agencies, establish an online mapping tool to provide a locations overview of the overall geographic footprint of each broadband infrastructure deployment project funded by the Federal Government. (c) Requirements.--The Deployment Locations Map shall be-- (1) the centralized, authoritative source of information on funding made available by the Federal Government for broadband infrastructure deployment in the United States; and (2) <<NOTE: Public information. Web posting.>> made publicly available on the website of the Commission. (d) Functions.--In establishing the Deployment Locations Map, the Commission shall ensure that the Deployment Locations Map-- (1) compiles data related to Federal funding for broadband infrastructure deployment provided by the Commission, the National Telecommunications and Information Administration, [[Page 135 STAT. 1207]] the Department of Agriculture, the Department of Health and Human Services, the Department of the Treasury, the Department of Housing and Urban Development, the Institute of Museum and Library Sciences, and any other Federal agency that provides such data relating to broadband infrastructure deployment funding to the Commission, including funding under-- (A) this Act; (B) the Coronavirus Aid, Relief, and Economic Security Act (Public Law 116-136); (C) the Consolidated Appropriations Act, 2021 (Public Law 116-260); (D) American Rescue Plan Act of 2021 (Public Law 117-2); or (E) any Federal amounts appropriated or any Federal program authorized after the date of enactment of this Act to fund broadband infrastructure deployment; (2) contains data, with respect to each broadband infrastructure deployment program, relating to-- (A) the Federal agency of jurisdiction; (B) the program title; and (C) the network type, including wired, terrestrial fixed, wireless, mobile, and satellite broadband infrastructure deployment; (3) allows users to manipulate the Deployment Locations Map to identify, search, and filter broadband infrastructure deployment projects by-- (A) company name; (B) duration timeline, including the dates of a project's beginning and ending, or anticipated beginning or ending date; (C) total number of locations to which a project makes service available; and (D) relevant download and upload speeds; and (4) incorporates broadband service availability data as depicted in the Broadband Map created under section 802(c)(1) of the Communications Act of 1934 (47 U.S.C. 642(c)(1)). (e) Periodic Updates.-- (1) <<NOTE: Consultation.>> In general.--The Commission shall, in consultation with relevant Federal agencies, ensure the Deployment Locations Map is maintained and up to date on a periodic basis, but not less frequently than once every 180 days. (2) <<NOTE: Reports.>> Other federal agencies.--Each Federal agency providing funding for broadband infrastructure deployment shall report relevant data to the Commission on a periodic basis. (f) No Effect on Programmatic Missions.--Nothing in this section shall be construed to affect the programmatic missions of Federal agencies providing funding for broadband infrastructure development. (g) Nonduplication.--The requirements in this section shall be consistent with and avoid duplication with the provisions of section 903 of division FF of the Consolidated Appropriations Act, 2021 (Public Law 116-260). (h) Funding.--Of the amounts appropriated to carry out this division under this Act, $10,000,000 shall be made available to carry out this section. [[Page 135 STAT. 1208]] TITLE II--TRIBAL CONNECTIVITY TECHNICAL AMENDMENTS. SEC. 60201. TRIBAL CONNECTIVITY TECHNICAL AMENDMENTS. Section 905 of division N of the Consolidated Appropriations Act, 2021 (Public Law 116-260) <<NOTE: 47 USC 1305 note, 1705.>> is amended-- (1) in subsection (c)-- (A) in paragraph (1)(B), by striking ``during the COVID-19 pandemic''; (B) in paragraph (4)-- (i) in subparagraph (A)-- (I) in clause (i), by striking ``180 days after receiving grant funds'' and inserting ``18 months after receiving an allocation of funds pursuant to a specific grant award''; and (II) in clause (ii), by striking ``revert to the general fund of the Treasury'' and inserting ``be made available to other eligible entities for the purposes provided in this subsection''; (ii) in subparagraph (B)-- (I) in clause (i), by striking ``1 year after receiving grant funds'' and inserting ``4 years after receiving an allocation of funds pursuant to a specific grant award''; (II) by redesignating clause (iii) as clause (iv); and (III) by inserting after clause (ii) the following: ``(iii) Extensions for other projects.--The Assistant Secretary may, for good cause shown, extend the period under clause (i) for an eligible entity that proposes to use the grant funds for an eligible use other than construction of broadband infrastructure, based on a detailed showing by the eligible entity of the need for an extension.''; and (iii) by adding at the end the following: ``(C) <<NOTE: Applicability.>> Multiple grant awards.--If the Assistant Secretary awards multiple grants to an eligible entity under this subsection, the deadlines under subparagraphs (A) and (B) shall apply individually to each grant award.''; and (C) by striking paragraph (6) and inserting the following: ``(6) Administrative expenses of eligible entities.-- ``(A) In general.--Except as provided in subparagraph (B), an eligible entity may use not more than 2 percent of grant funds received under this subsection for administrative purposes. ``(B) Broadband infrastructure projects.--An eligible entity that proposes to use grant funds for the construction of broadband infrastructure may use an amount of the grant funds equal to not more than 2.5 percent of the total project cost for planning, feasibility, and sustainability studies related to the project.''; and (2) in subsection (e), by adding at the end the following: ``(6) Additional appropriations for tribal broadband connectivity program.-- [[Page 135 STAT. 1209]] ``(A) Definition.--In this paragraph, the term `initial round of funding'-- ``(i) means the allocation under paragraph (2)(E) of funds appropriated under subsection (b)(1); and ``(ii) does not include any reallocation of funds under paragraph (2)(F). ``(B) New funding.--If Congress appropriates additional funds for grants under subsection (c) after the date of enactment of this Act, the Assistant Secretary-- ``(i) may use a portion of the funds to fully fund any grants under that subsection for which the Assistant Secretary received an application and which the Assistant Secretary did not fully fund during the initial round of funding; and ``(ii) <<NOTE: Allocation.>> shall allocate any remaining funds through subsequent funding rounds consistent with the requirements of this section, except as provided in subparagraph (C) of this paragraph. ``(C) <<NOTE: Applicability.>> Exceptions.--If Congress appropriates additional funds for grants under subsection (c) after the date of enactment of this Act-- ``(i) the Assistant Secretary shall not be required to issue an additional notice under paragraph (1) of this subsection, but shall inform eligible entities that additional funding has been made available for grants under subsection (c) and describe the changes made to the Tribal Broadband Connectivity Program under that subsection by section 60201 of the Infrastructure Investment and Jobs Act; ``(ii) the requirement under paragraph (2)(C) of this subsection shall be applied individually to each round of funding for grants under subsection (c); ``(iii) <<NOTE: Time period.>> paragraph (2)(A) of this subsection shall be applied by substituting `180-day period beginning on the date on which the Assistant Secretary informs eligible entities that additional funding has been made available for grants under subsection (c)' for `90-day period beginning on the date on which the Assistant Secretary issues the notice under paragraph (1)'; and ``(iv) notwithstanding paragraph (2)(F) of this subsection, in the case of funds appropriated under subsection (b)(1) that were not allocated during the initial round of funding, the Assistant Secretary may elect to allocate the funds during any subsequent round of funding for grants under subsection (c).''. TITLE <<NOTE: Digital Equity Act of 2021.>> III--DIGITAL EQUITY ACT OF 2021 SEC. 60301. <<NOTE: 47 USC 1701 note.>> SHORT TITLE. This title may be cited as the ``Digital Equity Act of 2021''. SEC. 60302. <<NOTE: 47 USC 1721.>> DEFINITIONS. In this title: (1) Adoption of broadband.--The term ``adoption of broadband'' means the process by which an individual obtains daily access to the internet-- [[Page 135 STAT. 1210]] (A) at a speed, quality, and capacity-- (i) that is necessary for the individual to accomplish common tasks; and (ii) such that the access qualifies as an advanced telecommunications capability; (B) with the digital skills that are necessary for the individual to participate online; and (C) on a-- (i) personal device; and (ii) secure and convenient network. (2) Advanced telecommunications capability.--The term ``advanced telecommunications capability'' has the meaning given the term in section 706(d) of the Telecommunications Act of 1996 (47 U.S.C. 1302(d)). (3) Aging individual.--The term ``aging individual'' has the meaning given the term ``older individual'' in section 102 of the Older Americans Act of 1965 (42 U.S.C. 3002). (4) Appropriate committees of congress.--The term ``appropriate committees of Congress'' means-- (A) the Committee on Appropriations of the Senate; (B) the Committee on Commerce, Science, and Transportation of the Senate; (C) the Committee on Appropriations of the House of Representatives; and (D) the Committee on Energy and Commerce of the House of Representatives. (5) Assistant secretary.--The term ``Assistant Secretary'' means the Assistant Secretary of Commerce for Communications and Information. (6) Community anchor institution.--The term ``community anchor institution'' means a public school, a public or multi- family housing authority, a library, a medical or healthcare provider, a community college or other institution of higher education, a State library agency, and any other nonprofit or governmental community support organization. (7) Covered household.--The term ``covered household'' means a household, the income of which for the most recently completed year is not more than 150 percent of an amount equal to the poverty level, as determined by using criteria of poverty established by the Bureau of the Census. (8) Covered populations.--The term ``covered populations'' means-- (A) individuals who live in covered households; (B) aging individuals; (C) incarcerated individuals, other than individuals who are incarcerated in a Federal correctional facility; (D) veterans; (E) individuals with disabilities; (F) individuals with a language barrier, including individuals who-- (i) are English learners; and (ii) have low levels of literacy; (G) individuals who are members of a racial or ethnic minority group; and (H) individuals who primarily reside in a rural area. [[Page 135 STAT. 1211]] (9) Covered programs.--The term ``covered programs'' means the State Digital Equity Capacity Grant Program established under section 60304 and the Digital Equity Competitive Grant Program established under section 60305. (10) Digital equity.--The term ``digital equity'' means the condition in which individuals and communities have the information technology capacity that is needed for full participation in the society and economy of the United States. (11) Digital inclusion.--The term ``digital inclusion''-- (A) means the activities that are necessary to ensure that all individuals in the United States have access to, and the use of, affordable information and communication technologies, such as-- (i) reliable fixed and wireless broadband internet service; (ii) internet-enabled devices that meet the needs of the user; and (iii) applications and online content designed to enable and encourage self-sufficiency, participation, and collaboration; and (B) includes-- (i) obtaining access to digital literacy training; (ii) the provision of quality technical support; and (iii) obtaining basic awareness of measures to ensure online privacy and cybersecurity. (12) Digital literacy.--The term ``digital literacy'' means the skills associated with using technology to enable users to find, evaluate, organize, create, and communicate information. (13) Disability.--The term ``disability'' has the meaning given the term in section 3 of the Americans with Disabilities Act of 1990 (42 U.S.C. 12102). (14) Eligible state.--The term ``eligible State'' means-- (A) with respect to planning grants made available under section 60304(c)(3), a State with respect to which the Assistant Secretary has approved an application submitted to the Assistant Secretary under section 60304(c)(3)(C); and (B) with respect to capacity grants awarded under section 60304(d), a State with respect to which the Assistant Secretary has approved an application submitted to the Assistant Secretary under section 60304(d)(2), including approval of the State Digital Equity Plan developed by the State under section 60304(c). (15) Gender identity.--The term ``gender identity'' has the meaning given the term in section 249(c) of title 18, United States Code. (16) Indian tribe.--The term ``Indian Tribe'' has the meaning given the term in section 4(e) of the Indian Self- Determination and Education Assistance Act (25 U.S.C. 5304(e)). (17) Institution of higher education.--The term ``institution of higher education''-- (A) has the meaning given the term in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001); and (B) includes a postsecondary vocational institution. [[Page 135 STAT. 1212]] (18) Local educational agency.--The term ``local educational agency'' has the meaning given the term in section 8101(30) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801(30)). (19) Postsecondary vocational institution.--The term ``postsecondary vocational institution'' has the meaning given the term in section 102(c) of the Higher Education Act of 1965 (20 U.S.C. 1002(c)). (20) Rural area.--The term ``rural area'' has the meaning given the term in section 601(b)(3) of the Rural Electrification Act of 1936 (7 U.S.C. 950bb(b)(3)). (21) State.--The term ``State'' means-- (A) any State of the United States; (B) the District of Columbia; and (C) the Commonwealth of Puerto Rico. (22) Veteran.--The term ``veteran'' has the meaning given the term in section 101 of title 38, United States Code. (23) Workforce development program.--The term ``workforce development program'' has the meaning given the term in section 3(66) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3102(66)). SEC. 60303. <<NOTE: 47 USC 1722.>> SENSE OF CONGRESS. It is the sense of Congress that-- (1) a broadband connection and digital literacy are increasingly critical to how individuals-- (A) participate in the society, economy, and civic institutions of the United States; and (B) access health care and essential services, obtain education, and build careers; (2) digital exclusion-- (A) carries a high societal and economic cost; (B) materially harms the opportunity of an individual with respect to the economic success, educational achievement, positive health outcomes, social inclusion, and civic engagement of that individual; and (C) exacerbates existing wealth and income gaps, especially those experienced by covered populations; (3) achieving digital equity for all people of the United States requires additional and sustained investment and research efforts; (4) the Federal Government, as well as State, tribal, territorial, and local governments, have made social, legal, and economic obligations that necessarily extend to how the citizens and residents of those governments access and use the internet; and (5) achieving digital equity is a matter of social and economic justice and is worth pursuing. SEC. 60304. <<NOTE: 47 USC 1723.>> STATE DIGITAL EQUITY CAPACITY GRANT PROGRAM. (a) Establishment; Purpose.-- (1) In general.--The Assistant Secretary shall establish in the Department of Commerce the State Digital Equity Capacity Grant Program (referred to in this section as the ``Program'')-- (A) the purpose of which is to promote the achievement of digital equity, support digital inclusion activities, and [[Page 135 STAT. 1213]] build capacity for efforts by States relating to the adoption of broadband by residents of those States; (B) through which the Assistant Secretary shall make grants to States in accordance with the requirements of this section; and (C) which shall ensure that States have the capacity to promote the achievement of digital equity and support digital inclusion activities. (2) Consultation with other federal agencies; no conflict.-- In establishing the Program under paragraph (1), the Assistant Secretary shall-- (A) consult with-- (i) the Secretary of Agriculture; (ii) the Secretary of Housing and Urban Development; (iii) the Secretary of Education; (iv) the Secretary of Labor; (v) the Secretary of Health and Human Services; (vi) the Secretary of Veterans Affairs; (vii) the Secretary of the Interior; (viii) the Federal Communications Commission; (ix) the Federal Trade Commission; (x) the Director of the Institute of Museum and Library Services; (xi) the Administrator of the Small Business Administration; (xii) the Federal Co-Chair of the Appalachian Regional Commission; and (xiii) the head of any other agency that the Assistant Secretary determines to be appropriate; and (B) ensure that the Program complements and enhances, and does not conflict with, other Federal broadband initiatives and programs. (b) Administering Entity.-- (1) Selection; function.--The governor (or equivalent official) of a State that wishes to be awarded a grant under this section shall, from among entities that are eligible under paragraph (2), select an administering entity for that State, which shall-- (A) serve as the recipient of, and administering agent for, any grant awarded to the State under this section; (B) develop, implement, and oversee the State Digital Equity Plan for the State described in subsection (c); (C) make subgrants to any entity described in subsection (c)(1)(D) that is located in the State in support of-- (i) the State Digital Equity Plan for the State; and (ii) digital inclusion activities in the State generally; and (D) serve as-- (i) an advocate for digital equity policy and digital inclusion activities; and (ii) a repository of best practice materials regarding the policies and activities described in clause (i). (2) Eligible entities.--Any of the following entities may serve as the administering entity for a State for the purposes [[Page 135 STAT. 1214]] of this section if the entity has demonstrated a capacity to administer the Program on a statewide level: (A) The State, a political subdivision, agency, or instrumentality of the State, an Indian Tribe located in the State, an Alaska Native entity located in the State, or a Native Hawaiian organization located in the State. (B) A foundation, corporation, institution, association, or coalition that is-- (i) a not-for-profit entity; (ii) providing services in the State; and (iii) not a school. (C) A community anchor institution, other than a school, that is located in the State. (D) A local educational agency that is located in the State. (E) An entity located in the State that carries out a workforce development program. (F) An agency of the State that is responsible for administering or supervising adult education and literacy activities in the State. (G) A public or multi-family housing authority that is located in the State. (H) A partnership between any of the entities described in subparagraphs (A) through (G). (c) State Digital Equity Plan.-- (1) Development; contents.--A State that wishes to be awarded a grant under subsection (d) shall develop a State Digital Equity Plan for the State, which shall include-- (A) the identification of the barriers to digital equity faced by covered populations in the State; (B) measurable objectives for documenting and promoting, among each group described in subparagraphs (A) through (H) of section 60302(8) located in that State-- (i) the availability of, and affordability of access to, fixed and wireless broadband technology; (ii) the online accessibility and inclusivity of public resources and services; (iii) digital literacy; (iv) awareness of, and the use of, measures to secure the online privacy of, and cybersecurity with respect to, an individual; and (v) the availability and affordability of consumer devices and technical support for those devices; (C) <<NOTE: Assessment.>> an assessment of how the objectives described in subparagraph (B) will impact and interact with the State's-- (i) economic and workforce development goals, plans, and outcomes; (ii) educational outcomes; (iii) health outcomes; (iv) civic and social engagement; and (v) delivery of other essential services; (D) in order to achieve the objectives described in subparagraph (B), a description of how the State plans to collaborate with key stakeholders in the State, which may include-- (i) community anchor institutions; [[Page 135 STAT. 1215]] (ii) county and municipal governments; (iii) local educational agencies; (iv) where applicable, Indian Tribes, Alaska Native entities, or Native Hawaiian organizations; (v) nonprofit organizations; (vi) organizations that represent-- (I) individuals with disabilities, including organizations that represent children with disabilities; (II) aging individuals; (III) individuals with language barriers, including-- (aa) individuals who are English learners; and (bb) individuals who have low levels of literacy; (IV) veterans; and (V) individuals in that State who are incarcerated in facilities other than Federal correctional facilities; (vii) civil rights organizations; (viii) entities that carry out workforce development programs; (ix) agencies of the State that are responsible for administering or supervising adult education and literacy activities in the State; (x) public housing authorities in the State; and (xi) a partnership between any of the entities described in clauses (i) through (x); and (E) <<NOTE: List.>> a list of organizations with which the administering entity for the State collaborated in developing and implementing the Plan. (2) Public availability.-- (A) In general.--The administering entity for a State shall make the State Digital Equity Plan of the State available for public comment for a period of not less than 30 days before the date on which the State submits an application to the Assistant Secretary under subsection (d)(2). (B) Consideration of comments received.--The administering entity for a State shall, with respect to an application submitted to the Assistant Secretary under subsection (d)(2)-- (i) before submitting the application-- (I) consider all comments received during the comment period described in subparagraph (A) with respect to the application (referred to in this subparagraph as the ``comment period''); and (II) make any changes to the plan that the administering entity determines to be worthwhile; and (ii) when submitting the application-- (I) describe any changes pursued by the administering entity in response to comments received during the comment period; and (II) include a written response to each comment received during the comment period. [[Page 135 STAT. 1216]] (3) Planning grants.-- (A) <<NOTE: Effective date.>> In general.--Beginning in the first fiscal year that begins after the date of enactment of this Act, the Assistant Secretary shall, in accordance with the requirements of this paragraph, award planning grants to States for the purpose of developing the State Digital Equity Plans of those States under this subsection. (B) Eligibility.--In order to be awarded a planning grant under this paragraph, a State-- (i) shall submit to the Assistant Secretary an application under subparagraph (C); and (ii) may not have been awarded, at any time, a planning grant under this paragraph. (C) <<NOTE: Deadlines. Determination.>> Application.--A State that wishes to be awarded a planning grant under this paragraph shall, not later than 60 days after the date on which the notice of funding availability with respect to the grant is released, submit to the Assistant Secretary an application, in a format to be determined by the Assistant Secretary, that contains the following materials: (i) A description of the entity selected to serve as the administering entity for the State, as described in subsection (b). (ii) <<NOTE: Certification.>> A certification from the State that, not later than 1 year after the date on which the Assistant Secretary awards the planning grant to the State, the administering entity for that State shall develop a State Digital Equity Plan under this subsection, which-- (I) the administering entity shall submit to the Assistant Secretary; and (II) <<NOTE: Compliance.>> shall comply with the requirements of this subsection, including the requirement under paragraph (2)(B). (iii) The assurances required under subsection (e). (D) Awards.-- (i) <<NOTE: Determination.>> Amount of grant.--A planning grant awarded to an eligible State under this paragraph shall be determined according to the formula under subsection (d)(3)(A)(i). (ii) Duration.-- (I) In general.--Except as provided in subclause (II), with respect to a planning grant awarded to an eligible State under this paragraph, the State shall expend the grant funds during the 1-year period beginning on the date on which the State is awarded the grant funds. (II) <<NOTE: Extension.>> Exception.--The Assistant Secretary may grant an extension of not longer than 180 days with respect to the requirement under subclause (I). (iii) Challenge mechanism.--The Assistant Secretary shall ensure that any eligible State to which a planning grant is awarded under this paragraph may appeal or otherwise challenge in a timely fashion the amount of the grant awarded to the State, as determined under clause (i). [[Page 135 STAT. 1217]] (E) Use of funds.--An eligible State to which a planning grant is awarded under this paragraph shall, through the administering entity for that State, use the grant funds only for the following purposes: (i) To develop the State Digital Equity Plan of the State under this subsection. (ii)(I) Subject to subclause (II), to make subgrants to any of the entities described in paragraph (1)(D) to assist in the development of the State Digital Equity Plan of the State under this subsection. (II) If the administering entity for a State makes a subgrant described in subclause (I), the administering entity shall, with respect to the subgrant, provide to the State the assurances required under subsection (e). (d) <<NOTE: Deadline.>> State Capacity Grants.-- (1) In general.--Beginning not later than 2 years after the date on which the Assistant Secretary begins awarding planning grants under subsection (c)(3), the Assistant Secretary shall each year award grants to eligible States to support-- (A) the implementation of the State Digital Equity Plans of those States; and (B) digital inclusion activities in those States. (2) Application.--A State that wishes to be awarded a grant under this subsection shall, not later than 60 days after the date on which the notice of funding availability with respect to the grant is released, submit to the Assistant Secretary an application, in a format to be determined by the Assistant Secretary, that contains the following materials: (A) A description of the entity selected to serve as the administering entity for the State, as described in subsection (b). (B) The State Digital Equity Plan of that State, as described in subsection (c). (C) <<NOTE: Certification.>> A certification that the State, acting through the administering entity for the State, shall-- (i) implement the State Digital Equity Plan of the State; and (ii) make grants in a manner that is consistent with the aims of the Plan described in clause (i). (D) The assurances required under subsection (e). (E) In the case of a State to which the Assistant Secretary has previously awarded a grant under this subsection, any amendments to the State Digital Equity Plan of that State, as compared with the State Digital Equity Plan of the State previously submitted. (3) Awards.-- (A) Amount of grant.-- (i) <<NOTE: Criteria.>> Formula.--Subject to clauses (ii), (iii), and (iv), the Assistant Secretary shall calculate the amount of a grant awarded to an eligible State under this subsection in accordance with the following criteria, using the best available data for all States for the fiscal year in which the grant is awarded: (I) 50 percent of the total grant amount shall be based on the population of the eligible State [[Page 135 STAT. 1218]] in proportion to the total population of all eligible States. (II) 25 percent of the total grant amount shall be based on the number of individuals in the eligible State who are members of covered populations in proportion to the total number of individuals in all eligible States who are members of covered populations. (III) <<NOTE: Determinations.>> 25 percent of the total grant amount shall be based on the comparative lack of availability and adoption of broadband in the eligible State in proportion to the lack of availability and adoption of broadband of all eligible States, which shall be determined according to data collected from-- (aa) the annual inquiry of the Federal Communications Commission conducted under section 706(b) of the Telecommunications Act of 1996 (47 U.S.C. 1302(b)); (bb) the American Community Survey or, if necessary, other data collected by the Bureau of the Census; (cc) the NTIA Internet Use Survey, which is administered as the Computer and Internet Use Supplement to the Current Population Survey of the Bureau of the Census; and (dd) any other source that the Assistant Secretary, after appropriate notice and opportunity for public comment, determines to be appropriate. (ii) Minimum award.--The amount of a grant awarded to an eligible State under this subsection in a fiscal year shall be not less than 0.5 percent of the total amount made available to award grants to eligible States for that fiscal year. (iii) <<NOTE: Distribution.>> Additional amounts.--If, after awarding planning grants to States under subsection (c)(3) and capacity grants to eligible States under this subsection in a fiscal year, there are amounts remaining to carry out this section, the Assistant Secretary shall distribute those amounts-- (I) to eligible States to which the Assistant Secretary has awarded grants under this subsection for that fiscal year; and (II) in accordance with the formula described in clause (i). (iv) <<NOTE: Puerto Rico.>> Data unavailable.--If, in a fiscal year, the Commonwealth of Puerto Rico (referred to in this clause as ``Puerto Rico'') is an eligible State and specific data for Puerto Rico is unavailable for a factor described in subclause (I), (II), or (II) of clause (i), the Assistant Secretary shall use the median data point with respect to that factor among all eligible States and assign it to Puerto Rico for the purposes of making any calculation under that clause for that fiscal year. (B) <<NOTE: Effective date.>> Duration.--With respect to a grant awarded to an eligible State under this subsection, the eligible State shall expend the grant funds during the 5-year period [[Page 135 STAT. 1219]] beginning on the date on which the eligible State is awarded the grant funds. (C) Challenge mechanism.--The Assistant Secretary shall ensure that any eligible State to which a grant is awarded under this subsection may appeal or otherwise challenge in a timely fashion the amount of the grant awarded to the State, as determined under subparagraph (A). (D) Use of funds.--The administering entity for an eligible State to which a grant is awarded under this subsection shall use the grant amounts for the following purposes: (i)(I) Subject to subclause (II), to update or maintain the State Digital Equity Plan of the State. (II) An administering entity for an eligible State to which a grant is awarded under this subsection may use not more than 20 percent of the amount of the grant for the purpose described in subclause (I). (ii) To implement the State Digital Equity Plan of the State. (iii)(I) Subject to subclause (II), to award a grant to any entity that is described in section 60305(b) and is located in the eligible State in order to-- (aa) assist in the implementation of the State Digital Equity Plan of the State; (bb) pursue digital inclusion activities in the State consistent with the State Digital Equity Plan of the State; and (cc) report to the State regarding the digital inclusion activities of the entity. (II) <<NOTE: Requirement. Certification.>> Before an administering entity for an eligible State may award a grant under subclause (I), the administering entity shall require the entity to which the grant is awarded to certify that-- (aa) the entity shall carry out the activities required under items (aa), (bb), and (cc) of that subclause; (bb) the receipt of the grant shall not result in unjust enrichment of the entity; and (cc) <<NOTE: Evaluation.>> the entity shall cooperate with any evaluation-- (AA) of any program that relates to a grant awarded to the entity; and (BB) that is carried out by or for the administering entity, the Assistant Secretary, or another Federal official. (iv)(I) <<NOTE: Evaluation.>> Subject to subclause (II), to evaluate the efficacy of the efforts funded by grants made under clause (iii). (II) An administering entity for an eligible State to which a grant is awarded under this subsection may use not more than 5 percent of the amount of the grant for a purpose described in subclause (I). (v)(I) Subject to subclause (II), for the administrative costs incurred in carrying out the activities described in clauses (i) through (iv). [[Page 135 STAT. 1220]] (II) An administering entity for an eligible State to which a grant is awarded under this subsection may use not more than 3 percent of the amount of the grant for a purpose described in subclause (I). (e) Assurances.--When applying for a grant under this section, a State shall include in the application for that grant assurances that-- (1) if an entity described in section 60305(b) is awarded grant funds under this section (referred to in this subsection as a ``covered recipient''), provide that-- (A) the covered recipient shall use the grant funds in accordance with any applicable statute, regulation, and application procedure; (B) the administering entity for that State shall adopt and use proper methods of administering any grant that the covered recipient is awarded, including by-- (i) enforcing any obligation imposed under law on any agency, institution, organization, or other entity that is responsible for carrying out the program to which the grant relates; (ii) correcting any deficiency in the operation of a program to which the grant relates, as identified through an audit or another monitoring or evaluation procedure; and (iii) <<NOTE: Procedures.>> adopting written procedures for the receipt and resolution of complaints alleging a violation of law with respect to a program to which the grant relates; and (C) <<NOTE: Evaluation.>> the administering entity for that State shall cooperate in carrying out any evaluation-- (i) of any program that relates to a grant awarded to the covered recipient; and (ii) that is carried out by or for the Assistant Secretary or another Federal official; (2) the administering entity for that State shall-- (A) use fiscal control and fund accounting procedures that ensure the proper disbursement of, and accounting for, any Federal funds that the State is awarded under this section; (B) <<NOTE: Reports.>> submit to the Assistant Secretary any reports that may be necessary to enable the Assistant Secretary to perform the duties of the Assistant Secretary under this section; (C) <<NOTE: Records. Determination.>> maintain any records and provide any information to the Assistant Secretary, including those records, that the Assistant Secretary determines is necessary to enable the Assistant Secretary to perform the duties of the Assistant Secretary under this section; and (D) <<NOTE: Public comment.>> with respect to any significant proposed change or amendment to the State Digital Equity Plan for the State, make the change or amendment available for public comment in accordance with subsection (c)(2); and (3) <<NOTE: Compliance.>> the State, before submitting to the Assistant Secretary the State Digital Equity Plan of the State, has complied with the requirements of subsection (c)(2). (f) Termination of Grant.-- [[Page 135 STAT. 1221]] (1) In general.--The Assistant Secretary shall terminate a grant awarded to an eligible State under this section if, after notice to the State and opportunity for a hearing, the Assistant Secretary-- (A) presents to the State a rationale and supporting information that clearly demonstrates that-- (i) the grant funds are not contributing to the development or execution of the State Digital Equity Plan of the State, as applicable; and (ii) the State is not upholding assurances made by the State to the Assistant Secretary under subsection (e); and (B) <<NOTE: Determination.>> determines that the grant is no longer necessary to achieve the original purpose for which Assistant Secretary awarded the grant. (2) Redistribution.--If the Assistant Secretary, in a fiscal year, terminates a grant under paragraph (1), the Assistant Secretary shall redistribute the unspent grant amounts-- (A) to eligible States to which the Assistant Secretary has awarded grants under subsection (d) for that fiscal year; and (B) in accordance with the formula described in subsection (d)(3)(A)(i). (g) Reporting and Information Requirements; Internet Disclosure.-- The Assistant Secretary-- (1) shall-- (A) <<NOTE: Public information.>> require any entity to which a grant, including a subgrant, is awarded under this section to publicly report, for each year during the period described in subsection (c)(3)(D)(ii) or (d)(3)(B), as applicable, with respect to the grant, and in a format specified by the Assistant Secretary, on-- (i) the use of that grant by the entity; (ii) the progress of the entity towards fulfilling the objectives for which the grant was awarded; and (iii) the implementation of the State Digital Equity Plan of the State; (B) establish appropriate mechanisms to ensure that each eligible State to which a grant is awarded under this section-- (i) uses the grant amounts in an appropriate manner; and (ii) <<NOTE: Compliance.>> complies with all terms with respect to the use of the grant amounts; and (C) <<NOTE: Database. Web posting.>> create and maintain a fully searchable database, which shall be accessible on the internet at no cost to the public, that contains, at a minimum-- (i) the application of each State that has applied for a grant under this section; (ii) the status of each application described in clause (i); (iii) <<NOTE: Reports.>> each report submitted by an entity under subparagraph (A); (iv) <<NOTE: Record.>> a record of public comments made regarding the State Digital Equity Plan of a State, as well as any written responses to or actions taken as a result of those comments; and [[Page 135 STAT. 1222]] (v) any other information that is sufficient to allow the public to understand and monitor grants awarded under this section; and (2) may establish additional reporting and information requirements for any recipient of a grant under this section. (h) Supplement Not Supplant.--A grant or subgrant awarded under this section shall supplement, not supplant, other Federal or State funds that have been made available to carry out activities described in this section. (i) <<NOTE: Contracts.>> Set Asides.--From amounts made available in a fiscal year to carry out the Program, the Assistant Secretary shall reserve-- (1) not more than 5 percent for the implementation and administration of the Program, which shall include-- (A) providing technical support and assistance, including ensuring consistency in data reporting; (B) providing assistance to-- (i) States, or administering entities for States, to prepare the applications of those States; and (ii) administering entities with respect to grants awarded under this section; and (C) developing the report required under section 60306(a); (2) <<NOTE: Native Americans.>> not less than 5 percent to award grants to, or enter into contracts or cooperative agreements with, Indian Tribes, Alaska Native entities, and Native Hawaiian organizations to allow those tribes, entities, and organizations to carry out the activities described in this section; and (3) <<NOTE: Territories.>> not less than 1 percent to award grants to, or enter into contracts or cooperative agreements with, the United States Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, and any other territory or possession of the United States that is not a State to enable those entities to carry out the activities described in this section. (j) Rules.--The Assistant Secretary may prescribe such rules as may be necessary to carry out this section. (k) Authorization of Appropriations.--There are authorized to be appropriated-- (1) $60,000,000 for the award of grants under subsection (c)(3), which shall remain available until expended; (2) for the award of grants under subsection (d)-- (A) $240,000,000 for fiscal year 2022; and (B) $300,000,000 for each of fiscal years 2023 through 2026; and (3) such sums as may be necessary to carry out this section for each fiscal year after the end of the 5-fiscal year period described in paragraph (2). SEC. 60305. <<NOTE: 47 USC 1724.>> DIGITAL EQUITY COMPETITIVE GRANT PROGRAM. (a) Establishment.-- (1) <<NOTE: Deadline.>> In general.--Not later than 30 days after the date on which the Assistant Secretary begins awarding grants under section 60304(d), and not before that date, the Assistant Secretary shall establish in the Department of Commerce the Digital Equity Competitive Grant Program (referred to in this section as the ``Program''), the purpose of which is to award grants to support efforts to achieve digital equity, promote [[Page 135 STAT. 1223]] digital inclusion activities, and spur greater adoption of broadband among covered populations. (2) Consultation; no conflict.--In establishing the Program under paragraph (1), the Assistant Secretary-- (A) may consult a State with respect to-- (i) the identification of groups described in subparagraphs (A) through (H) of section 60302(8) located in that State; and (ii) the allocation of grant funds within that State for projects in or affecting the State; and (B) shall-- (i) consult with-- (I) the Secretary of Agriculture; (II) the Secretary of Housing and Urban Development; (III) the Secretary of Education; (IV) the Secretary of Labor; (V) the Secretary of Health and Human Services; (VI) the Secretary of Veterans Affairs; (VII) the Secretary of the Interior; (VIII) the Federal Communications Commission; (IX) the Federal Trade Commission; (X) the Director of the Institute of Museum and Library Services; (XI) the Administrator of the Small Business Administration; (XII) the Federal Co-Chair of the Appalachian Regional Commission; and (XIII) <<NOTE: Determination.>> the head of any other agency that the Assistant Secretary determines to be appropriate; and (ii) ensure that the Program complements and enhances, and does not conflict with, other Federal broadband initiatives and programs. (b) Eligibility.--The Assistant Secretary may award a grant under the Program to any of the following entities if the entity is not serving, and has not served, as the administering entity for a State under section 60304(b): (1) A political subdivision, agency, or instrumentality of a State, including an agency of a State that is responsible for administering or supervising adult education and literacy activities, or for providing public housing, in the State. (2) An Indian Tribe, an Alaska Native entity, or a Native Hawaiian organization. (3) A foundation, corporation, institution, or association that is-- (A) a not-for-profit entity; and (B) not a school. (4) A community anchor institution. (5) A local educational agency. (6) An entity that carries out a workforce development program. (7) A partnership between any of the entities described in paragraphs (1) through (6). (8) A partnership between-- [[Page 135 STAT. 1224]] (A) an entity described in any of paragraphs (1) through (6); and (B) an entity that-- (i) the Assistant Secretary, by rule, determines to be in the public interest; and (ii) is not a school. (c) Application.--An entity that wishes to be awarded a grant under the Program shall submit to the Assistant Secretary an application-- (1) at such time, in such form, and containing such information as the Assistant Secretary may require; and (2) that-- (A) provides a detailed explanation of how the entity will use any grant amounts awarded under the Program to carry out the purposes of the Program in an efficient and expeditious manner; (B) identifies the period in which the applicant will expend the grant funds awarded under the Program; (C) includes-- (i) a justification for the amount of the grant that the applicant is requesting; and (ii) for each fiscal year in which the applicant will expend the grant funds, a budget for the activities that the grant funds will support; (D) demonstrates to the satisfaction of the Assistant Secretary that the entity-- (i) is capable of carrying out-- (I) the project or function to which the application relates; and (II) the activities described in subsection (h)-- (aa) in a competent manner; and (bb) in compliance with all applicable Federal, State, and local laws; and (ii) if the applicant is an entity described in subsection (b)(1), shall appropriate or otherwise unconditionally obligate from non- Federal sources funds that are necessary to meet the requirements of subsection (e); (E) discloses to the Assistant Secretary the source and amount of other Federal, State, or outside funding sources from which the entity receives, or has applied for, funding for activities or projects to which the application relates; and (F) provides-- (i) the assurances that are required under subsection (f); and (ii) an assurance that the entity shall follow such additional procedures as the Assistant Secretary may require to ensure that grant funds are used and accounted for in an appropriate manner. (d) Award of Grants.-- (1) Factors considered in award of grants.--In deciding whether to award a grant under the Program, the Assistant Secretary shall, to the extent practicable, consider-- (A) whether an application shall, if approved-- [[Page 135 STAT. 1225]] (i) increase internet access and the adoption of broadband among covered populations to be served by the applicant; and (ii) not result in unjust enrichment; (B) the comparative geographic diversity of the application in relation to other eligible applications; and (C) the extent to which an application may duplicate or conflict with another program. (2) Use of funds.-- (A) In general.--In addition to the activities required under subparagraph (B), an entity to which the Assistant Secretary awards a grant under the Program shall use the grant amounts to support not less than 1 of the following activities: (i) To develop and implement digital inclusion activities that benefit covered populations. (ii) To facilitate the adoption of broadband by covered populations in order to provide educational and employment opportunities to those populations. (iii) To implement, consistent with the purposes of this title-- (I) training programs for covered populations that cover basic, advanced, and applied skills; or (II) other workforce development programs. (iv) To make available equipment, instrumentation, networking capability, hardware and software, or digital network technology for broadband services to covered populations at low or no cost. (v) To construct, upgrade, expend, or operate new or existing public access computing centers for covered populations through community anchor institutions. (vi) To undertake any other project and activity that the Assistant Secretary finds to be consistent with the purposes for which the Program is established. (B) Evaluation.-- (i) In general.--An entity to which the Assistant Secretary awards a grant under the Program shall use not more than 10 percent of the grant amounts to measure and evaluate the activities supported with the grant amounts. (ii) <<NOTE: Deadlines.>> Submission to assistant secretary.--An entity to which the Assistant Secretary awards a grant under the Program shall submit to the Assistant Secretary each measurement and evaluation performed under clause (i)-- (I) in a manner specified by the Assistant Secretary; (II) not later than 15 months after the date on which the entity is awarded the grant amounts; and (III) annually after the submission described in subclause (II) for any year in which the entity expends grant amounts. (C) Administrative costs.--An entity to which the Assistant Secretary awards a grant under the Program may use not more than 10 percent of the amount of the [[Page 135 STAT. 1226]] grant for administrative costs in carrying out any of the activities described in subparagraph (A). (D) <<NOTE: Effective dates.>> Time limitations.-- With respect to a grant awarded to an entity under the Program, the entity-- (i) except as provided in clause (ii), shall expend the grant amounts during the 4-year period beginning on the date on which the entity is awarded the grant amounts; and (ii) during the 1-year period beginning on the date that is 4 years after the date on which the entity is awarded the grant amounts, may continue to measure and evaluate the activities supported with the grant amounts, as required under subparagraph (B). (e) Federal Share.-- (1) In general.--Except as provided in paragraph (2), the Federal share of any project for which the Assistant Secretary awards a grant under the Program may not exceed 90 percent. (2) <<NOTE: Waiver.>> Exception.--The Assistant Secretary may grant a waiver with respect to the limitation on the Federal share of a project described in paragraph (1) if-- (A) <<NOTE: Petitions.>> the applicant with respect to the project petitions the Assistant Secretary for the waiver; and (B) <<NOTE: Determination.>> the Assistant Secretary determines that the petition described in subparagraph (A) demonstrates financial need. (f) Assurances.--When applying for a grant under this section, an entity shall include in the application for that grant assurances that the entity shall-- (1) use any grant funds that the entity is awarded-- (A) in accordance with any applicable statute, regulation, and application procedure; and (B) to the extent required under applicable law; (2) adopt and use proper methods of administering any grant that the entity is awarded, including by-- (A) enforcing any obligation imposed under law on any agency, institution, organization, or other entity that is responsible for carrying out a program to which the grant relates; (B) correcting any deficiency in the operation of a program to which the grant relates, as identified through an audit or another monitoring or evaluation procedure; and (C) <<NOTE: Procedures.>> adopting written procedures for the receipt and resolution of complaints alleging a violation of law with respect to a program to which the grant relates; (3) cooperate with respect to any evaluation-- (A) of any program that relates to a grant awarded to the entity; and (B) that is carried out by or for the Assistant Secretary or another Federal official; (4) use fiscal control and fund accounting procedures that ensure the proper disbursement of, and accounting for, any Federal funds that the entity is awarded under the Program; (5) <<NOTE: Reports.>> submit to the Assistant Secretary any reports that may be necessary to enable the Assistant Secretary to perform the duties of the Assistant Secretary under the Program; and [[Page 135 STAT. 1227]] (6) <<NOTE: Records. Determination.>> maintain any records and provide any information to the Assistant Secretary, including those records, that the Assistant Secretary determines is necessary to enable the Assistant Secretary to perform the duties of the Assistant Secretary under the Program. (g) Deobligation or Termination of Grant.--In addition to other authority under applicable law, the Assistant Secretary may-- (1) deobligate or terminate a grant awarded to an entity under this section if, after notice to the entity and opportunity for a hearing, the Assistant Secretary-- (A) presents to the entity a rationale and supporting information that clearly demonstrates that-- (i) the grant funds are not being used in a manner that is consistent with the application with respect to the grant submitted by the entity under subsection (c); and (ii) the entity is not upholding assurances made by the entity to the Assistant Secretary under subsection (f); and (B) <<NOTE: Determination.>> determines that the grant is no longer necessary to achieve the original purpose for which Assistant Secretary awarded the grant; and (2) with respect to any grant funds that the Assistant Secretary deobligates or terminates under paragraph (1), competitively award the grant funds to another applicant, consistent with the requirements of this section. (h) Reporting and Information Requirements; Internet Disclosure.-- The Assistant Secretary-- (1) shall-- (A) require any entity to which the Assistant Secretary awards a grant under the Program to, for each year during the period described in subsection (d)(2)(D) with respect to the grant, submit to the Assistant Secretary a report, in a format specified by the Assistant Secretary, regarding-- (i) the amount of the grant; (ii) the use by the entity of the grant amounts; and (iii) the progress of the entity towards fulfilling the objectives for which the grant was awarded; (B) establish mechanisms to ensure appropriate use of, and compliance with respect to all terms regarding, grant funds awarded under the Program; (C) <<NOTE: Database. Web posting.>> create and maintain a fully searchable database, which shall be accessible on the internet at no cost to the public, that contains, at a minimum-- (i) <<NOTE: List.>> a list of each entity that has applied for a grant under the Program; (ii) a description of each application described in clause (i), including the proposed purpose of each grant described in that clause; (iii) the status of each application described in clause (i), including whether the Assistant Secretary has awarded a grant with respect to the application and, if so, the amount of the grant; (iv) <<NOTE: Reports.>> each report submitted by an entity under subparagraph (A); and [[Page 135 STAT. 1228]] (v) <<NOTE: Public information.>> any other information that is sufficient to allow the public to understand and monitor grants awarded under the Program; and (D) ensure that any entity with respect to which an award is deobligated or terminated under subsection (g) may, in a timely manner, appeal or otherwise challenge that deobligation or termination, as applicable; and (2) may establish additional reporting and information requirements for any recipient of a grant under the Program. (i) Supplement Not Supplant.--A grant awarded to an entity under the Program shall supplement, not supplant, other Federal or State funds that have been made available to the entity to carry out activities described in this section. (j) <<NOTE: Contracts.>> Set Asides.--From amounts made available in a fiscal year to carry out the Program, the Assistant Secretary shall reserve-- (1) 5 percent for the implementation and administration of the Program, which shall include-- (A) providing technical support and assistance, including ensuring consistency in data reporting; (B) providing assistance to entities to prepare the applications of those entities with respect to grants awarded under this section; (C) developing the report required under section 60306(a); and (D) conducting outreach to entities that may be eligible to be awarded a grant under the Program regarding opportunities to apply for such a grant; (2) <<NOTE: Native Americans.>> 5 percent to award grants to, or enter into contracts or cooperative agreements with, Indian Tribes, Alaska Native entities, and Native Hawaiian organizations to allow those tribes, entities, and organizations to carry out the activities described in this section; and (3) <<NOTE: Territories.>> 1 percent to award grants to, or enter into contracts or cooperative agreements with, the United States Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, and any other territory or possession of the United States that is not a State to enable those entities to carry out the activities described in this section. (k) Rules.--The Assistant Secretary may prescribe such rules as may be necessary to carry out this section. (l) <<NOTE: Time periods.>> Authorization of Appropriations.--There are authorized to be appropriated to carry out this section-- (1) $250,000,000 for each of the first 5 fiscal years in which funds are made available to carry out this section; and (2) such sums as may be necessary for each fiscal year after the end of the 5-fiscal year period described in paragraph (1). SEC. 60306. <<NOTE: 47 USC 1725.>> POLICY RESEARCH, DATA COLLECTION, ANALYSIS AND MODELING, EVALUATION, AND DISSEMINATION. (a) Reporting Requirements.-- (1) In general.--Not later than 1 year after the date on which the Assistant Secretary begins awarding grants under section 60304(d)(1), and annually thereafter, the Assistant Secretary shall-- [[Page 135 STAT. 1229]] (A) submit to the appropriate committees of Congress a report that documents, for the year covered by the report-- (i) the findings of each evaluation conducted under subparagraph (B); (ii) <<NOTE: List.>> a list of each grant awarded under each covered program, which shall include-- (I) the amount of each such grant; (II) the recipient of each such grant; and (III) the purpose for which each such grant was awarded; (iii) any deobligation, termination, or modification of a grant awarded under the covered programs, which shall include a description of the subsequent usage of any funds to which such an action applies; and (iv) each challenge made by an applicant for, or a recipient of, a grant under the covered programs and the outcome of each such challenge; and (B) conduct evaluations of the activities carried out under the covered programs, which shall include an evaluation of-- (i) whether eligible States to which grants are awarded under the program established under section 60304 are-- (I) abiding by the assurances made by those States under subsection (e) of that section; (II) meeting, or have met, the stated goals of the Digital Equity Plans developed by the States under subsection (c) of that section; (III) satisfying the requirements imposed by the Assistant Secretary on those States under subsection (g) of that section; and (IV) in compliance with any other rules, requirements, or regulations promulgated by the Assistant Secretary in implementing that program; and (ii) whether entities to which grants are awarded under the program established under section 60305 are-- (I) abiding by the assurances made by those entities under subsection (f) of that section; (II) meeting, or have met, the stated goals of those entities with respect to the use of the grant amounts; (III) satisfying the requirements imposed by the Assistant Secretary on those States under subsection (h) of that section; and (IV) in compliance with any other rules, requirements, or regulations promulgated by the Assistant Secretary in implementing that program. (2) <<NOTE: Web posting.>> Public availability.--The Assistant Secretary shall make each report submitted under paragraph (1)(A) publicly available in an online format that-- (A) facilitates access and ease of use; (B) is searchable; and (C) is accessible-- (i) to individuals with disabilities; and [[Page 135 STAT. 1230]] (ii) in languages other than English. (b) Authority to Contract and Enter Into Other Arrangements.--The Assistant <<NOTE: Determination.>> Secretary may award grants and enter into contracts, cooperative agreements, and other arrangements with Federal agencies, public and private organizations, and other entities with expertise that the Assistant Secretary determines appropriate in order to-- (1) evaluate the impact and efficacy of activities supported by grants awarded under the covered programs; and (2) develop, catalog, disseminate, and promote the exchange of best practices, both with respect to and independent of the covered programs, in order to achieve digital equity. (c) Consultation and Public Engagement.--In carrying out subsection (a), and to further the objectives described in paragraphs (1) and (2) of subsection (b), the Assistant Secretary shall conduct ongoing collaboration and consult with-- (1) the Secretary of Agriculture; (2) the Secretary of Housing and Urban Development; (3) the Secretary of Education; (4) the Secretary of Labor; (5) the Secretary of Health and Human Services; (6) the Secretary of Veterans Affairs; (7) the Secretary of the Interior; (8) the Federal Communications Commission; (9) the Federal Trade Commission; (10) the Director of the Institute of Museum and Library Services; (11) the Administrator of the Small Business Administration; (12) the Federal Co-Chair of the Appalachian Regional Commission; (13) State agencies and governors of States (or equivalent officials); (14) entities serving as administering entities for States under section 60304(b); (15) national, State, tribal, and local organizations that provide digital inclusion, digital equity, or digital literacy services; (16) researchers, academics, and philanthropic organizations; and (17) <<NOTE: Determination.>> other agencies, organizations (including international organizations), entities (including entities with expertise in the fields of data collection, analysis and modeling, and evaluation), and community stakeholders, as determined appropriate by the Assistant Secretary. (d) Technical Support and Assistance.--The Assistant Secretary shall provide technical support and assistance, assistance to entities to prepare the applications of those entities with respect to grants awarded under the covered programs, and other resources, to the extent practicable, to ensure consistency in data reporting and to meet the objectives of this section. (e) Authorization of Appropriations.--There are authorized to be appropriated such sums as may be necessary to carry out this section, which shall remain available until expended. SEC. 60307. <<NOTE: 47 USC 1726.>> GENERAL PROVISIONS. (a) Nondiscrimination.-- [[Page 135 STAT. 1231]] (1) In general.--No individual in the United States may, on the basis of actual or perceived race, color, religion, national origin, sex, gender identity, sexual orientation, age, or disability, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity that is funded in whole or in part with funds made available to carry out this title. (2) Enforcement.--The Assistant Secretary shall effectuate paragraph (1) with respect to any program or activity described in that paragraph by issuing regulations and taking actions consistent with section 602 of the Civil Rights Act of 1964 (42 U.S.C. 2000d-1). (3) Judicial review.--Judicial review of an action taken by the Assistant Secretary under paragraph (2) shall be available to the extent provided in section 603 of the Civil Rights Act of 1964 (42 U.S.C. 2000d-2). (b) Technological Neutrality.--The Assistant Secretary shall, to the extent practicable, carry out this title in a technologically neutral manner. (c) <<NOTE: Effective date. Time periods. Appropriation authorization.>> Audit and Oversight.--Beginning in the first fiscal year in which amounts are made available to carry out an activity authorized under this title, and in each of the 4 fiscal years thereafter, there is authorized to be appropriated to the Office of Inspector General for the Department of Commerce $1,000,000 for audits and oversight of funds made available to carry out this title, which shall remain available until expended. TITLE IV--ENABLING MIDDLE MILE BROADBAND INFRASTRUCTURE SEC. 60401. <<NOTE: 47 USC 1741.>> ENABLING MIDDLE MILE BROADBAND INFRASTRUCTURE. (a) Definitions.--In this section: (1) Anchor institution.--The term ``anchor institution'' means a school, library, medical or healthcare provider, community college or other institution of higher education, or other community support organization or entity. (2) Assistant secretary.--The term ``Assistant Secretary'' means the Assistant Secretary of Commerce for Communications and Information. (3) Commission.--The term ``Commission'' means the Federal Communications Commission. (4) Eligible entity.--The term ``eligible entity'' means-- (A) a State, political subdivision of a State, Tribal government, technology company, electric utility, utility cooperative, public utility district, telecommunications company, telecommunications cooperative, nonprofit foundation, nonprofit corporation, nonprofit institution, nonprofit association, regional planning counsel, Native entity, or economic development authority; or (B) a partnership of 2 or more entities described in subparagraph (A). (5) FCC fixed broadband map.--The term ``FCC fixed broadband map'' means the map created by the Commission under section 802(c)(1)(B) of the Communications Act of 1934 (47 U.S.C. 642(c)(1)(B)). [[Page 135 STAT. 1232]] (6) Indian tribe.--The term ``Indian Tribe'' has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304)). (7) Interconnect.--The term ``interconnect'' means the physical linking of 2 networks for the mutual exchange of traffic on non-discriminatory terms and conditions. (8) Internet exchange facility.--The term ``internet exchange facility'' means physical infrastructure through which internet service providers and content delivery networks exchange internet traffic between their networks. (9) Middle mile infrastructure.--The term ``middle mile infrastructure''-- (A) means any broadband infrastructure that does not connect directly to an end-user location, including an anchor institution; and (B) includes-- (i) leased dark fiber, interoffice transport, backhaul, carrier-neutral internet exchange facilities, carrier-neutral submarine cable landing stations, undersea cables, transport connectivity to data centers, special access transport, and other similar services; and (ii) wired or private wireless broadband infrastructure, including microwave capacity, radio tower access, and other services or infrastructure for a private wireless broadband network, such as towers, fiber, and microwave links. (10) Middle mile grant.--The term ``middle mile grant'' means a grant awarded under subsection (c). (11) Native entity.--The term ``Native entity'' means-- (A) an Indian Tribe; (B) an Alaska Native Corporation; (C) a Native Hawaiian organization (as defined in section 6207 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7517)); (D) the Department of Hawaiian Home Lands; and (E) the Office of Hawaiian Affairs. (12) State.--The term ``State'' has the meaning given the term in section 3 of the Communications Act of 1934 (47 U.S.C. 153). (13) Submarine cable landing station.--The term ``submarine cable landing station'' means a cable landing station, as that term is used in section 1.767(a)(5) of title 47, Code of Federal Regulations (or any successor regulation), that can be utilized to land a submarine cable by an entity that has obtained a license under the first section of the Act entitled ``An Act relating to the landing and operation of submarine cables in the United States'', approved May 27, 1921 (47 U.S.C. 34) (commonly known as the ``Cable Landing Licensing Act''). (14) Tribal government.--The term ``Tribal government'' means the recognized governing body of any Indian or Alaska Native tribe, band, nation, pueblo, village, community, component band, or component reservation, individually identified (including parenthetically) in the list published most recently as of the date of enactment of this Act pursuant to section 104 of the Federally Recognized Indian Tribe List Act of 1994 (25 U.S.C. 5131). [[Page 135 STAT. 1233]] (15) Trust land.--The term ``trust land'' has the meaning given the term in section 3765 of title 38, United States Code. (16) Underserved.--The term ``underserved'', with respect to an area, means an area-- (A) that is designated as a Tribally underserved area through the process described in subsection (g); or (B) that-- (i) is of a standard size not larger than a census block, as established by the Commission; (ii) is not an unserved area; and (iii) as determined in accordance with the FCC fixed broadband map, does not have access to broadband service with-- (I) except as provided in subclause (II)-- (aa) a download speed of not less than 100 megabits per second; and (bb) an upload speed of not less than 20 megabits per second; or (II) minimum download and upload speeds established as benchmarks by the Commission for purposes of this Act after the date of enactment of this Act, if those minimum speeds are higher than the minimum speeds required under subclause (I). (17) Unserved.--The term ``unserved'', with respect to an area, means an area-- (A) that is designated as a Tribally underserved area through the process described in subsection (g); or (B) that-- (i) is of a standard size not larger than a census block, as established by the Commission; and (ii) as determined in accordance with the FCC fixed broadband map, does not have access to broadband service with-- (I) except as provided in subclause (II)-- (aa) a download speed of not less than 25 megabits per second; and (bb) an upload speed of not less than 3 megabits per second; or (II) minimum download and upload speeds established as benchmarks by the Commission for purposes of this Act after the date of enactment of this Act, if those minimum speeds are higher than the minimum speeds required under subclause (I). (b) Purpose; Sense of Congress.-- (1) Purpose.--The purposes of this section are-- (A) to encourage the expansion and extension of middle mile infrastructure to reduce the cost of connecting unserved and underserved areas to the backbone of the internet (commonly referred to as the ``last mile''); and (B) to promote broadband connection resiliency through the creation of alternative network connection paths that can be designed to prevent single points of failure on a broadband network. (2) Sense of congress.--It is the sense of Congress that-- [[Page 135 STAT. 1234]] (A) in awarding middle mile grants, the Assistant Secretary should give priority to-- (i) projects that leverage existing rights-of- way, assets, and infrastructure to minimize financial, regulatory, and permitting challenges; (ii) projects in which the eligible entity designs the route of the middle mile infrastructure to enable the connection of unserved anchor institutions, including Tribal anchor institutions; and (iii) projects that facilitate the development of carrier-neutral interconnection facilities; and (iv) projects that-- (I) improve the redundancy and resiliency of existing middle mile infrastructure; and (II) reduce regulatory and permitting barriers to promote the construction of new middle mile infrastructure; and (B) a regulated utility should use funds received from a middle mile grant as a supplement to the core utility capital investment plan of the regulated utility to-- (i) facilitate increased broadband resiliency or redundancy of existing middle mile infrastructure; or (ii) provide connectivity to unserved areas and underserved areas within the service territory of the utility and nearby communities. (c) Middle Mile Grants.--The Assistant Secretary shall establish a program under which the Assistant Secretary makes grants on a technology-neutral, competitive basis to eligible entities for the construction, improvement, or acquisition of middle mile infrastructure. (d) Applications for Grants.-- (1) In general.--The Assistant Secretary shall establish an application process for middle mile grants in accordance with this subsection. (2) Evaluation of applications.--In establishing an application process for middle mile grants under paragraph (1), the Assistant Secretary shall give priority to an application from an eligible entity that satisfies 2 or more of the following conditions: (A) The eligible entity adopts fiscally sustainable middle mile strategies. (B) The eligible entity commits to offering non- discriminatory interconnect to terrestrial and wireless last mile broadband providers and any other party making a bona fide request. (C) The eligible entity identifies specific terrestrial and wireless last mile broadband providers that have-- (i) expressed written interest in interconnecting with middle mile infrastructure planned to be deployed by the eligible entity; and (ii) demonstrated sustainable business plans or adequate funding sources with respect to the interconnect described in clause (i). (D) The eligible entity has identified supplemental investments or in-kind support (such as waived franchise or permitting fees) that will accelerate the completion of the planned project. [[Page 135 STAT. 1235]] (E) The eligible entity has demonstrated that the middle mile infrastructure will benefit national security interests of the United States and the Department of Defense. (3) <<NOTE: Requirement.>> Grant application competence.-- The Assistant Secretary shall include in the application process established under paragraph (1) a requirement that an eligible entity provide evidence that the eligible entity is capable of carrying out a proposed project in a competent manner, including by demonstrating that the eligible entity has the financial, technical, and operational capability to carry out the proposed project and operate the resulting middle mile broadband network. (e) Eligibility.-- (1) Prioritization.--To be eligible to obtain a middle mile grant, an eligible entity shall agree, in the application submitted through the process established under subsection (d), to prioritize-- (A) connecting middle mile infrastructure to last mile networks that provide or plan to provide broadband service to households in unserved areas; (B) connecting non-contiguous trust lands; or (C) the offering of wholesale broadband service at reasonable rates on a carrier-neutral basis. (2) <<NOTE: Deadline.>> Buildout timeline.--Subject to paragraph (5), to be eligible to obtain a middle mile grant, an eligible entity shall agree, in the application submitted through the process established under subsection (d), to complete buildout of the middle mile infrastructure described in the application by not later than 5 years after the date on which amounts from the grant are made available to the eligible entity. (3) Project eligibility requirements.-- (A) Capability to support retail broadband service.--A <<NOTE: Determination.>> project shall be eligible for a middle mile grant if, at the time of the application, the Assistant Secretary determines that the proposed middle mile broadband network will be capable of supporting retail broadband service. (B) Mapping data.-- (i) Use of most recent data.--In mapping out gaps in broadband coverage, an eligible entity that uses a middle mile grant to build out terrestrial or fixed wireless middle mile infrastructure shall use the most recent broadband mapping data available from one of the following sources: (I) The FCC fixed broadband map. (II) The State in which the area that will be served by the middle mile infrastructure is located, or the Tribal government with jurisdiction over the area that will be served by the middle mile infrastructure (if applicable). (III) Speed and usage surveys of existing broadband service that-- (aa) demonstrate that more than 25 percent of the respondents display a broadband service speed that is slower than the speeds required for an area to qualify as unserved; and [[Page 135 STAT. 1236]] (bb) are conducted by-- (AA) the eligible entity; (BB) the State in which the area that will be served by the middle mile infrastructure is located; or (CC) the Tribal government with jurisdiction over the area that will be served by the middle mile infrastructure (if applicable). (ii) Sharing facility locations.-- (I) Definition.--In this clause, the term ``covered recipient'', with respect to an eligible entity, means-- (aa) the Assistant Secretary; (bb) the Commission; (cc) the Tribal government with jurisdiction over the area that will be served by the middle mile infrastructure (if applicable); and (dd) the State broadband office for the State in which the area that will be served by the middle mile infrastructure is located. (II) Provision of information.-- Subject to subclauses (III) and (IV), an eligible entity that constructs, improves, or acquires middle mile infrastructure using a middle mile grant shall share with each covered recipient the location of all the middle mile broadband infrastructure. (III) <<NOTE: Determination.>> Format.-- An eligible entity shall provide the information required under subclause (II) to each covered recipient in a uniform format determined by the Assistant Secretary. (IV) Protection of information.-- (aa) In general.--The information provided by an eligible entity under subclause (II) may only be used for purposes of carrying out the grant program under subsection (c) and any reporting related thereto. (bb) Legal defenses.-- (AA) In general.--A covered recipient may not receive information under subclause (II) unless the covered recipient agrees in writing to assert all available legal defenses to the disclosure of the information if a person or entity seeks disclosure from the covered recipient under any Federal, State, or local public disclosure law. (BB) Rule of construction.--Nothing in subitem (AA) is intended to be or shall be construed as a waiver of Tribal sovereign immunity. (C) Connection to anchor institutions.--To the extent feasible, an eligible entity that receives a middle mile grant to build middle mile infrastructure using fiber optic technology shall-- [[Page 135 STAT. 1237]] (i) ensure that the proposed middle mile broadband network will be capable of providing broadband to an anchor institution at a speed of not less than-- (I) 1 gigabit per second for downloads; and (II) 1 gigabit per second for uploads to an anchor institution; and (ii) include direct interconnect facilities that will facilitate the provision of broadband service to anchor institutions located within 1,000 feet of the middle mile infrastructure. (D) Interconnection and nondiscrimination.-- (i) In general.--An eligible entity that receives a middle mile grant to build a middle mile project using fiber optic technology shall offer interconnection in perpetuity, where technically feasible without exceeding current or reasonably anticipated capacity limitations, on reasonable rates and terms to be negotiated with requesting parties. (ii) Nature of interconnection.--The interconnection required to be offered under clause (i) includes both the ability to connect to the public internet and physical interconnection for the exchange of traffic. (iii) Inclusion in application.--An applicant for a middle mile grant shall disclose the applicant's proposed interconnection, nondiscrimination, and network management practices in the application submitted through the process established under subsection (d). (4) Accountability.--The Assistant Secretary shall-- (A) establish sufficient transparency, accountability, reporting, and oversight measures for the grant program established under subsection (c) to deter waste, fraud, and abuse of program funds; and (B) establish-- (i) <<NOTE: Requirements.>> buildout requirements for each eligible entity that receives a middle mile grant, which shall require the completion of a certain percentage of project miles by a certain date; and (ii) <<NOTE: Penalties.>> penalties, which may include rescission of funds, for grantees that do not meet requirements described in clause (i) or the deadline under paragraph (2). (5) Extensions.-- (A) <<NOTE: Certification.>> In general.--At the request of an eligible entity, the Assistant Secretary may extend the buildout deadline under paragraph (2) by not more than 1 year if the eligible entity certifies that-- (i) the eligible entity has a plan for use of the middle mile grant; (ii) the project to build out middle mile infrastructure is underway; or (iii) extenuating circumstances require an extension of time to allow completion of the project to build out middle mile infrastructure. (B) Effect on interim buildout requirements.--If the Assistant Secretary grants an extension under subparagraph (A), the Assistant Secretary shall modify [[Page 135 STAT. 1238]] any buildout requirements established under paragraph (4)(B)(i) as necessary. (f) Federal Share.--The amount of a middle mile grant awarded to an eligible entity may not exceed 70 percent of the total project cost. (g) <<NOTE: Consultations.>> Special Rules for Tribal Governments.-- (1) Waivers; alternative requirements.--The Assistant Secretary, in consultation with Tribal governments and Native entities, may waive, or specify alternative requirements for, any provision of subsections (c) through (f) if the Assistant Secretary finds that the waiver or alternative requirement is necessary-- (A) for the effective delivery and administration of middle mile grants to Tribal governments; or (B) the construction, improvement, or acquisition of middle mile infrastructure on trust land. (2) Tribally unserved areas; tribally underserved areas.-- The Assistant Secretary, in consultation with Tribal governments and Native entities, shall develop a process for designating Tribally unserved areas and Tribally underserved areas for purposes of this section. (h) <<NOTE: Time period.>> Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $1,000,000,000 for fiscal years 2022 through 2026. TITLE V--BROADBAND AFFORDABILITY SEC. 60501. <<NOTE: 47 USC 1751.>> DEFINITIONS. In this title-- (1) the term ``broadband internet access service'' has the meaning given the term in section 8.1(b) of title 47, Code of Federal Regulations, or any successor regulation; and (2) the term ``Commission'' means the Federal Communications Commission. SEC. 60502. BROADBAND AFFORDABILITY. (a) Extension and Modification of Emergency Broadband Benefit.-- (1) Extension.--Section 904 of division N of the Consolidated Appropriations Act, 2021 (Public Law 116- 260) <<NOTE: 47 USC 1301 note, 1752.>> is amended-- (A) in the heading, by striking ``during emergency period relating to covid-19''; (B) in subsection (a)-- (i) by striking paragraph (8); and (ii) by redesignating paragraphs (9) through (13) as paragraphs (8) through (12), respectively; and (C) in subsection (b)-- (i) in paragraph (1), by striking ``during the emergency period''; (ii) in paragraph (4), by striking ``during the emergency period''; and (iii) in paragraph (5), by striking ``during the emergency period,''. (2) Change to program name.--Section 904 of division N of the Consolidated Appropriations Act, 2021 (Public Law [[Page 135 STAT. 1239]] 116-260), as amended by paragraph (1) of this subsection, is amended-- (A) in subsection (a)(7), in the heading, by striking ``Emergency broadband'' and inserting ``Affordable connectivity''; (B) in subsection (b), in the heading, by striking ``Emergency Broadband Benefit'' and inserting ``Affordable Connectivity''; (C) in subsection (i), in the heading, by striking ``Emergency Broadband'' and inserting ``Affordable''; (D) by striking ``Emergency Broadband Benefit'' each place the term appears and inserting ``Affordable Connectivity''; (E) by striking ``Emergency Broadband'' each place the term appears and inserting ``Affordable''; and (F) by striking ``emergency broadband'' each place the term appears and inserting ``affordable connectivity''. (3) Other initial modifications.--Section 904 of division N of the Consolidated Appropriations Act, 2021 (Public Law 116- 260), as amended by paragraph (2) of this subsection, is amended-- (A) in subsection (a)(7)-- (i) by striking ``The term'' and inserting the following: ``(A) In general.--Subject to subparagraph (B), the term''; and (ii) by adding at the end the following: ``(B) <<NOTE: Regulations.>> High-cost areas.--The Commission shall, by regulation, establish a mechanism by which a participating provider in a high-cost area (as defined in section 60102(a)(2) of the Infrastructure Investment and Jobs Act) may provide an affordable connectivity benefit in an amount up to the amount specified in subparagraph (A) for an internet service offering provided on Tribal land upon a showing that the applicability of the lower limit under subparagraph (A) to the provision of the affordable connectivity benefit by the provider would cause particularized economic hardship to the provider such that the provider may not be able to maintain the operation of part or all of its broadband network.''; (B) in subsection (b)-- (i) by redesignating paragraphs (7) through (10) as paragraphs (12) through (15), respectively; (ii) by inserting after paragraph (6) the following: ``(7) Requirement to allow customers to apply affordable connectivity benefit to any internet service offering.-- ``(A) In general.--A participating provider-- ``(i) shall allow an eligible household to apply the affordable connectivity benefit to any internet service offering of the participating provider at the same terms available to households that are not eligible households; and ``(ii) may not require the eligible household to submit to a credit check in order to apply the affordable connectivity benefit to an internet service offering of the participating provider. [[Page 135 STAT. 1240]] ``(B) Nonpayment.--Nothing in subparagraph (A) shall prevent a participating provider from terminating the provision of broadband internet access service to a subscriber after 90 days of nonpayment. ``(8) Public awareness.--A participating provider, in collaboration with the applicable State agencies, public interest groups, and non-profit organizations, in order to increase the adoption of broadband internet access service by consumers, shall carry out public awareness campaigns in service areas that are designed to highlight-- ``(A) the value and benefits of broadband internet access service; and ``(B) the existence of the Affordable Connectivity Program. ``(9) Oversight.--The Commission-- ``(A) shall establish a dedicated complaint process for consumers who participate in the Affordable Connectivity Program to file complaints about the compliance of participating providers with, including with respect to the quality of service received under, the Program; ``(B) <<NOTE: Requirement.>> shall require a participating provider to supply information about the existence of the complaint process described in subparagraph (A) to subscribers who participate in the Affordable Connectivity Program; ``(C)(i) shall act expeditiously to investigate potential violations of and enforce compliance with this section, including under clause (ii) of this subparagraph; and ``(ii) in enforcing compliance with this section, may impose forfeiture penalties under section 503 of the Communications Act of 1934 (47 U.S.C. 503); and ``(D) <<NOTE: Public information. Reports.>> shall regularly issue public reports about complaints regarding the compliance of participating providers with the Affordable Connectivity Program. ``(10) Information on affordable connectivity program.-- ``(A) <<NOTE: Notification.>> Participating providers.--When a customer subscribes to, or renews a subscription to, an internet service offering of a participating provider, the participating provider shall notify the customer about the existence of the Affordable Connectivity Program and how to enroll in the Program. ``(B) Federal agencies.--The Commission shall collaborate with relevant Federal agencies, including to ensure relevant Federal agencies update their System of Records Notices, to ensure that a household that participates in any program that qualifies the household for the Affordable Connectivity Program is provided information about the Program, including how to enroll in the Program. ``(C) Commission outreach.-- ``(i) In general.--The Commission may conduct outreach efforts to encourage eligible households to enroll in the Affordable Connectivity Program. ``(ii) Activities.--In carrying out clause (i), the Commission may-- ``(I) facilitate consumer research; ``(II) conduct focus groups; ``(III) engage in paid media campaigns; [[Page 135 STAT. 1241]] ``(IV) provide grants to outreach partners; and ``(V) provide an orderly transition for participating providers and consumers from the Emergency Broadband Benefit Program established under paragraph (1) (as that paragraph was in effect on the day before the date of enactment of the Infrastructure Investment and Jobs Act) to the Affordable Connectivity Program. ``(11) Consumer protection issues.-- ``(A) <<NOTE: Notice. Public comment. Regulations.>> In general.--The Commission shall, after providing notice and opportunity for comment in accordance with section 553 of title 5, United States Code, promulgate rules to protect consumers who participate in, or seek to participate in, the Affordable Connectivity Program from-- ``(i) inappropriate upselling or downselling by a participating provider; ``(ii) inappropriate requirements that a consumer opt in to an extended service contract as a condition of participating in the Affordable Connectivity Program; ``(iii) inappropriate restrictions on the ability of a consumer to switch internet service offerings or otherwise apply support from the Affordable Connectivity Program to a different internet service offering with a participating provider; ``(iv) inappropriate restrictions on the ability of a consumer to switch participating providers, other than a requirement that the customer return any customer premises equipment provided by a participating provider; and ``(v) similar restrictions that amount to unjust and unreasonable acts or practices that undermine the purpose, intent, or integrity of the Affordable Connectivity Program. ``(B) Exceptions.--In complying with this paragraph, the Commission may take advantage of the exceptions set forth in subsections (e) and (f).''; and (iii) in paragraph (14), as so redesignated, by striking ``paragraph (7)'' and inserting ``paragraph (12)''. (b) Delayed Amendments to Affordable Connectivity Program.-- (1) <<NOTE: Effective date.>> In general.--Effective on the date on which the Commission submits the certification required under paragraph (4), or December 31, 2021, whichever is earlier, section 904 of division N of the Consolidated Appropriations Act, 2021 (Public Law 116-260), as amended by subsection (a) of this section, <<NOTE: 47 USC 1752 and note.>> is amended-- (A) in subsection (a)-- (i) in paragraph (6)-- (I) in subparagraph (A), by inserting before the semicolon at the end the following: ``except that such subsection (a), including for purposes of such subsection (b), shall be applied by substituting `200 percent' for `135 percent' ''; (II) by striking subparagraph (C); [[Page 135 STAT. 1242]] (III) by redesignating subparagraphs (D) and (E) as subparagraphs (C) and (D), respectively; (IV) in subparagraph (C), as so redesignated, by striking ``or'' at the end; (V) in subparagraph (D), as so redesignated-- (aa) by striking ``or COVID- 19''; and (bb) by striking the period at the end and inserting ``; or''; and (VI) by adding at the end the following: ``(E) at least one member of the household receives assistance through the special supplemental nutritional program for women, infants, and children established by section 17 of the Child Nutrition Act of 1996 (42 U.S.C. 1786).''; (ii) in paragraph (7)-- (I) by striking ``which shall be no more than the standard rate for an internet service offering and associated equipment,''; and (II) by striking ``$50'' and inserting ``$30''; (iii) in paragraph (8), as so redesignated by subsection (a) of this section, by striking ``, offered in the same manner, and on the same terms, as described in any of such provider's offerings for broadband internet access service to such household, as on December 1, 2020''; and (iv) by striking paragraph (12), as so redesignated by subsection (a) of this section; and (B) in subsection (b)(6)-- (i) by striking subparagraph (A); (ii) by redesignating subparagraphs (B), (C), and (D) as subparagraphs (A), (B), and (C), respectively; and (iii) in subparagraph (A), as so redesignated-- (I) by striking clause (i); and (II) by redesignating clauses (ii), (iii), and (iv) as clauses (i), (ii), and (iii), respectively. (2) <<NOTE: Time period. 47 USC 1752 note.>> Applicability of amendment to eligibility.-- A household that qualified for the Affordable Connectivity Program under section 904 of division N of the Consolidated Appropriations Act, 2021 (Public Law 116-260) before the effective date in paragraph (1) and, as of that effective date, would, but for this subparagraph, see a reduction in the amount of the affordable connectivity benefit under the Program, shall, during the 60-day period beginning on that effective date, be eligible for the affordable connectivity benefit in the amount in effect with respect to that household, as of the day before that effective date. (3) Transition.--After the effective date under paragraph (1), an eligible household that was participating in the Emergency Broadband Benefit Program under section 904 of division N of the Consolidated Appropriations Act, 2021 (Public Law 116-260) on the day before the date of enactment of this Act and qualifies for the Affordable Connectivity Program established under that section (as amended by this section) shall continue to have access to an affordable service offering. (4) <<NOTE: Effective date.>> Certification required.--On the date on which the amounts appropriated under section 904(i)(2) of division N of [[Page 135 STAT. 1243]] the Consolidated Appropriations Act, 2021 (Public Law 116-260) have been fully expended, the Commission shall submit to Congress a certification regarding that fact. (c) <<NOTE: Deadlines. 42 USC 1752 note.>> Broadband Transparency Rules.-- (1) <<NOTE: Data.>> Rules.--Not later than 1 year after the date of enactment of this Act, the Commission shall issue final rules regarding the annual collection by the Commission of data relating to the price and subscription rates of each internet service offering of a participating provider under the Affordable Connectivity Program established under section 904 of division N of the Consolidated Appropriations Act, 2021 (Public Law 116-260) (as amended by this section) to which an eligible household subscribes. (2) <<NOTE: Determination. Revision. Verification.>> Updates.-- Not later than 180 days after the date on which rules are issued under paragraph (1), and when determined to be necessary by the Commission thereafter, the Commission shall revise the rules to verify the accuracy of data submitted pursuant to the rules. (3) Redundancy avoidance.--Nothing in this subsection shall be construed to require the Commission, in order to meet a requirement of this subsection, to duplicate an activity that the Commission is undertaking as of the date of enactment of this Act, if-- (A) the Commission refers to the activity in the rules issued under paragraph (1); (B) the activity meets the requirements of this subsection; and (C) <<NOTE: Public information.>> the Commission discloses the activity to the public. (4) Availability of data.-- (A) Public availability.--The Commission shall make data relating to broadband internet access service collected under the rules issued under paragraph (1) available to the public in a commonly used electronic format without risking the disclosure of personally identifiable information or proprietary information, consistent with section 0.459 of title 47, Code of Federal Regulations (or any successor regulation). (B) Determination of personally identifiable information.--The Commission-- (i) shall define the term ``personally identifiable information'', for purposes of subparagraph (A) through notice and comment rulemaking; and (ii) may not make any data available to the public under subparagraph (A) before completing the rulemaking under clause (i) of this subparagraph. (d) <<NOTE: 47 USC 1752 note.>> Guidance.--The Commission may issue such guidance, forms, instructions, or publications, or provide such technical assistance, as may be necessary or appropriate to carry out the programs, projects, or activities authorized under this section and the amendments made by this section, including to ensure that such programs, projects, or activities are completed in a timely and effective manner. (e) <<NOTE: Deadlines. 47 USC 1752 note.>> Coordination.--The Secretary of Agriculture, the Secretary of Education, and the Secretary of Health and Human Services shall-- (1) <<NOTE: Memorandum.>> not later than 60 days after the date of enactment of this Act, enter into a memorandum of understanding with [[Page 135 STAT. 1244]] the Universal Service Administrative Company to provide for the expeditious sharing of data through the National Verifier (as that term is defined in section 54.400 of title 47, Code of Federal Regulations, or any successor regulation), or any successor system, for the purposes of verifying consumer eligibility for the program established under section 904 of division N of the Consolidated Appropriations Act, 2021 (Public Law 116-260), as amended by this section; and (2) not later than 90 days after the date of enactment of this Act, begin to share data under the memorandum of understanding described in paragraph (1) for the purposes described in that paragraph. SEC. 60503. COORDINATION WITH CERTAIN OTHER FEDERAL AGENCIES. Section 804(b)(2) of the Communications Act of 1934 (47 U.S.C. 644(b)(2)), as added by section 2 of the Broadband DATA Act (Public Law 116-130), is amended-- (1) in subparagraph (A), by adding ``and'' at the end; and (2) by striking subparagraphs (B) and (C) and inserting the following: ``(B) coordinate with the Postmaster General, the heads of other Federal agencies that operate delivery fleet vehicles, and the Director of the Bureau of the Census for assistance with data collection whenever coordination could feasibly yield more specific geographic data.''. SEC. 60504. <<NOTE: 47 USC 1753.>> ADOPTION OF CONSUMER BROADBAND LABELS. (a) <<NOTE: Deadline. Requirement. Disclosure.>> Final Rule.--Not later than 1 year after the date of enactment of this Act, the Commission shall promulgate regulations to require the display of broadband consumer labels, as described in the Public Notice of the Commission issued on April 4, 2016 (DA 16-357), to disclose to consumers information regarding broadband internet access service plans. (b) Introductory Rate Information.-- (1) In general.--The broadband consumer label required under subsection (a) shall also include information regarding whether the offered price is an introductory rate and, if so, the price the consumer will be required to pay following the introductory period. (2) Use in broadband data collection.--The Commission shall rely on the price information displayed on the broadband consumer label required under subsection (a) for any collection of data relating to the price and subscription rates of each covered broadband internet access service under section 60502(c). (c) <<NOTE: Assessment.>> Hearings.--In issuing the final rule under subsection (a), the Commission shall conduct a series of public hearings to assess, at the time of the proceeding-- (1) how consumers evaluate broadband internet access service plans; and (2) whether disclosures to consumers of information regarding broadband internet access service plans, including the disclosures required under section 8.1 of title 47, Code of Federal Regulations, are available, effective, and sufficient. [[Page 135 STAT. 1245]] SEC. 60505. GAO REPORT. (a) Definitions.--In this section, the term ``appropriate committees of Congress'' means-- (1) the Committee on Appropriations of the Senate; (2) the Committee on Appropriations of the House of Representatives; (3) the Committee on Commerce, Science, and Transportation of the Senate; (4) the Committee on Environment and Public Works of the Senate; (5) the Committee on Agriculture, Nutrition, and Forestry of the Senate; (6) the Committee on Energy and Commerce of the House of Representatives; (7) the Committee on Agriculture of the House of Representatives; and (8) the Committee on Transportation and Infrastructure of the House of the Representatives. (b) <<NOTE: Evaluation.>> Report.--Not later than 1 year after the date of enactment of this Act, the Comptroller General of the United States shall submit to the appropriate committees of Congress a report that evaluates the process used by the Commission for establishing, reviewing, and updating the upload and download speed thresholds for broadband internet access service, including-- (1) how the Commission reviews and updates broadband internet access speed thresholds; (2) <<NOTE: Time periods.>> whether the Commission should consider future broadband internet access service speed needs when establishing broadband internet access service speed thresholds, including whether the Commission considers the need, or the anticipated need, for higher upload or download broadband internet access service speeds in the 5-year period and the 10- year period after the date on which a broadband internet access service speed threshold is to be established; and (3) whether the Commission should consider the impacts of changing uses of the internet in establishing, reviewing, or updating broadband internet access service speed thresholds, including-- (A) the proliferation of internet-based business; (B) working remotely and running a business from home; (C) video teleconferencing; (D) distance learning; (E) in-house web hosting; and (F) cloud data storage. SEC. 60506. <<NOTE: 47 USC 1754.>> DIGITAL DISCRIMINATION. (a) Statement of Policy.--It is the policy of the United States that, insofar as technically and economically feasible-- (1) subscribers should benefit from equal access to broadband internet access service within the service area of a provider of such service; (2) <<NOTE: Definition.>> the term ``equal access'', for purposes of this section, means the equal opportunity to subscribe to an offered service that provides comparable speeds, capacities, latency, and other quality of service metrics in a given area, for comparable terms and conditions; and [[Page 135 STAT. 1246]] (3) the Commission should take steps to ensure that all people of the United States benefit from equal access to broadband internet access service. (b) <<NOTE: Deadline.>> Adoption of Rules.--Not later than 2 years after the date of enactment of this Act, the Commission shall adopt final rules to facilitate equal access to broadband internet access service, taking into account the issues of technical and economic feasibility presented by that objective, including-- (1) preventing digital discrimination of access based on income level, race, ethnicity, color, religion, or national origin; and (2) identifying necessary steps for the Commissions to take to eliminate discrimination described in paragraph (1). (c) Federal Policies.--The Commission and the Attorney General shall ensure that Federal policies promote equal access to robust broadband internet access service by prohibiting deployment discrimination based on-- (1) the income level of an area; (2) the predominant race or ethnicity composition of an area; or (3) other factors the Commission determines to be relevant based on the findings in the record developed from the rulemaking under subsection (b). (d) Model State and Local Policies.--The Commission shall develop model policies and best practices that can be adopted by States and localities to ensure that broadband internet access service providers do not engage in digital discrimination. (e) Complaints.--The Commission shall revise its public complaint process to accept complaints from consumers or other members of the public that relate to digital discrimination. TITLE <<NOTE: Telecommunica- tions Skilled Workforce Act.>> VI-- TELECOMMUNICATIONS INDUSTRY WORKFORCE SEC. 60601. <<NOTE: 47 USC 609 note.>> SHORT TITLE. This title may be cited as the ``Telecommunications Skilled Workforce Act''. SEC. 60602. TELECOMMUNICATIONS INTERAGENCY WORKING GROUP. (a) In General.--Part I of title III of the Communications Act of 1934 (47 U.S.C. 301 et seq.) is amended by adding at the end the following: ``SEC. 344. <<NOTE: 47 USC 344.>> TELECOMMUNICATIONS INTERAGENCY WORKING GROUP. ``(a) Definition.--In this section, the term `telecommunications interagency working group' means the interagency working group established under subsection (b)(1). ``(b) Establishment.-- ``(1) <<NOTE: Deadline.>> In general.--Not later than 60 days after the date of enactment of this section, the Chairman of the Commission, in partnership with the Secretary of Labor, shall establish within the Commission an interagency working group to develop recommendations to address the workforce needs of the telecommunications industry, including the safety of that workforce. [[Page 135 STAT. 1247]] ``(2) Date of establishment.--The telecommunications interagency working group shall be considered established on the date on which a majority of the members of the working group have been appointed, consistent with subsection (d). ``(c) Duties.--In developing recommendations under subsection (b), the telecommunications interagency working group shall-- ``(1) determine whether, and if so how, any Federal laws, regulations, guidance, policies, or practices, or any budgetary constraints, may be amended to strengthen the ability of institutions of higher education (as defined in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001)) or for-profit businesses to establish, adopt, or expand programs intended to address the workforce needs of the telecommunications industry, including the workforce needed to build and maintain the 5G wireless infrastructure necessary to support 5G wireless technology; ``(2) identify potential policies and programs that could encourage and improve coordination among Federal agencies, between Federal agencies and States, and among States, on telecommunications workforce needs; ``(3) identify ways in which existing Federal programs, including programs that help facilitate the employment of veterans and military personnel transitioning into civilian life, could be leveraged to help address the workforce needs of the telecommunications industry; ``(4) identify ways to improve recruitment in workforce development programs in the telecommunications industry; ``(5) identify Federal incentives that could be provided to institutions of higher education, for-profit businesses, State workforce development boards established under section 101 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3111), or other relevant stakeholders to establish or adopt new programs, expand current programs, or partner with registered apprenticeship programs, to address the workforce needs of the telecommunications industry, including such needs in rural areas; ``(6) identify ways to improve the safety of telecommunications workers, including tower climbers; and ``(7) identify ways that trends in wages, benefits, and working conditions in the telecommunications industry impact recruitment of employees in the sector. ``(d) <<NOTE: Appointments.>> Members.--The telecommunications interagency working group shall be composed of the following representatives of Federal agencies and relevant non-Federal industry and labor stakeholder organizations: ``(1) A representative of the Department of Education, appointed by the Secretary of Education. ``(2) A representative of the National Telecommunications and Information Administration, appointed by the Assistant Secretary of Commerce for Communications and Information. ``(3) A representative of the Commission, appointed by the Chairman of the Commission. ``(4) A representative of a registered apprenticeship program in construction or maintenance, appointed by the Secretary of Labor. ``(5) A representative of a telecommunications industry association, appointed by the Chairman of the Commission. [[Page 135 STAT. 1248]] ``(6) A representative of an Indian Tribe or Tribal organization, appointed by the Chairman of the Commission. ``(7) A representative of a rural telecommunications carrier, appointed by the Chairman of the Commission. ``(8) A representative of a telecommunications contractor firm, appointed by the Chairman of the Commission. ``(9) A representative of an institution of higher education described in section 371(a) of the Higher Education Act of 1965 (20 U.S.C. 1067q(a)), appointed by the Secretary of Education. ``(10) A public interest advocate for tower climber safety, appointed by the Secretary of Labor. ``(11) A representative of the Directorate of Construction of the Occupational Safety and Health Administration, appointed by the Secretary of Labor. ``(12) A representative of a labor organization representing the telecommunications workforce, appointed by the Secretary of Labor. ``(e) No Compensation.--A member of the telecommunications interagency working group shall serve without compensation. ``(f) Other Matters.-- ``(1) Chair and vice chair.--The telecommunications interagency working group shall name a chair and a vice chair, who shall be responsible for organizing the business of the working group. ``(2) Subgroups.--The chair and vice chair of the telecommunications interagency working group, in consultation with the other members of the telecommunications interagency working group, may establish such subgroups as necessary to help conduct the work of the telecommunications interagency working group. ``(3) Support.--The Commission and the Secretary of Labor may detail employees of the Commission and the Department of Labor, respectively, to assist and support the work of the telecommunications interagency working group, though such a detailee shall not be considered to be a member of the working group. ``(g) Report to Congress.-- ``(1) <<NOTE: Recommenda- tions.>> Report to congress.--Not later than 1 year after the date on which the telecommunications interagency working group is established, the working group shall submit a report containing its recommendations to address the workforce needs of the telecommunications industry to-- ``(A) the Committee on Commerce, Science, and Transportation of the Senate; ``(B) the Committee on Health, Education, Labor, and Pensions of the Senate; ``(C) the Committee on Energy and Commerce of the House of Representatives; ``(D) the Committee on Education and Labor of the House of Representatives; ``(E) the Department of Labor; and ``(F) the Commission. ``(2) Majority support.--The telecommunications interagency working group may not submit the report under paragraph (1) unless the report has the support of not less than the majority of the members of the working group. [[Page 135 STAT. 1249]] ``(3) Views.--The telecommunications interagency working group shall-- ``(A) include with the report submitted under paragraph (1) any concurring or dissenting view offered by a member of the working group; and ``(B) identify each member to whom each concurring or dissenting view described in subparagraph (A) should be attributed. ``(4) <<NOTE: Records.>> Public posting.--The Commission and the Secretary of Labor shall make a copy of the report submitted under paragraph (1) available to the public on the websites of the Commission and the Department of Labor, respectively. ``(h) Nonapplicability of FACA.--The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the telecommunications interagency working group.''. (b) <<NOTE: Repeal. 47 USC 344 and note.>> Sunset.--Section 344 of the Communications Act of 1934, as added by subsection (a), shall be repealed on the day after the date on which the interagency working group established under subsection (b)(1) of that section submits the report to Congress under subsection (g) of that section. SEC. 60603. <<NOTE: Deadline. 29 USC 3111 note.>> TELECOMMUNICATIONS WORKFORCE GUIDANCE. Not later than 1 year after the date of enactment of this Act, the Secretary of Labor, in partnership with the Chairman of the Federal Communications Commission, shall establish and issue guidance on how States can address the workforce needs and safety of the telecommunications industry, including guidance on how a State workforce development board established under section 101 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3111) can-- (1) utilize Federal resources available to States to meet the workforce needs of the telecommunications industry; (2) promote and improve recruitment in workforce development programs in the telecommunications industry; and (3) ensure the safety of the telecommunications workforce, including tower climbers. SEC. 60604. GAO ASSESSMENT OF WORKFORCE NEEDS OF THE TELECOMMUNICATIONS INDUSTRY. (a) Definitions.--In this section, the term ``appropriate congressional committees'' means-- (1) the Committee on Commerce, Science, and Transportation of the Senate; (2) the Committee on Health, Education, Labor, and Pensions of the Senate; (3) the Committee on Energy and Commerce of the House of Representatives; and (4) the Committee on Education and Labor of the House of Representatives. (b) Report.--Not later than 180 days after the date of enactment of this Act, the Comptroller General of the United States shall submit to the appropriate congressional committees a report that estimates the number of skilled telecommunications workers that will be required to build and maintain-- (1) broadband infrastructure in rural areas, including estimates based on-- (A) current need; and [[Page 135 STAT. 1250]] (B) projected need, if Congress enacts legislation that accelerates broadband infrastructure construction in the United States; and (2) the wireless infrastructure needed to support 5G wireless technology. DIVISION G--OTHER AUTHORIZATIONS TITLE I--INDIAN WATER RIGHTS SETTLEMENT COMPLETION FUND SEC. 70101. <<NOTE: 25 USC 149.>> INDIAN WATER RIGHTS SETTLEMENT COMPLETION FUND. (a) Establishment.--There is established in the Treasury of the United States a fund to be known as the ``Indian Water Rights Settlement Completion Fund'' (referred to in this section as the ``Fund''). (b) Deposits.-- (1) <<NOTE: Effective dates.>> In general.--On the later of October 1, 2021, and the date of enactment of this Act, out of any funds in the Treasury not otherwise appropriated, the Secretary of the Treasury shall deposit in the Fund $2,500,000,000, to remain available until expended. (2) Availability.--Amounts deposited in the Fund under paragraph (1) shall be available to the Secretary of the Interior, without further appropriation or fiscal year limitation, for the uses described in subsection (c). (c) Uses.--Subject to subsection (d), amounts deposited in the Fund under subsection (b) shall be used by the Secretary of the Interior for transfers to funds or accounts authorized to receive discretionary appropriations, or to satisfy other obligations identified by the Secretary of the Interior, under an Indian water settlement approved and authorized by an Act of Congress before the date of enactment of this Act. (d) <<NOTE: Determinations.>> Scope of Transfers.-- (1) In general.--Transfers authorized under subsection (c) shall be made in such amounts as are determined by the Secretary of the Interior to be appropriate to satisfy the obligations of the United States, including appropriate indexing, pursuant to the applicable Indian water settlement. (2) Sequence and timing.--The Secretary of the Interior shall have the discretion to determine the sequence and timing of transfers from the Fund under subsection (c) in order to substantially complete the eligible Indian water settlements as expeditiously as practicable. TITLE <<NOTE: Wildland Fire Mitigation and Management Commission Act of 2021.>> II--WILDFIRE MITIGATION SEC. 70201. SHORT TITLE. This title may be cited as the ``Wildland Fire Mitigation and Management Commission Act of 2021''. SEC. 70202. DEFINITIONS. In this title: (1) Appropriate committees of congress.--The term ``appropriate committees of Congress'' means-- [[Page 135 STAT. 1251]] (A) the Committee on Energy and Natural Resources of the Senate; (B) the Committee on Agriculture, Nutrition, and Forestry of the Senate; (C) the Committee on Homeland Security and Governmental Affairs of the Senate; (D) the Committee on Appropriations of the Senate; (E) the Committee on Environment and Public Works of the Senate; (F) the Committee on Natural Resources of the House of Representatives; (G) the Committee on Agriculture of the House of Representatives; (H) the Committee on Homeland Security of the House of Representatives; (I) the Committee on Appropriations of the House of Representatives; (J) the Committee on Ways and Means of the House of Representatives; and (K) the Committee on Natural Resources of the House of Representatives. (2) Commission.--The term ``Commission'' means the commission established under section 70203(a). (3) <<NOTE: Time period.>> High-risk indian tribal government.--The term ``high-risk Indian tribal government'' means an Indian tribal government, during not fewer than 4 of the 5 years preceding the date of enactment of this Act-- (A) that received fire management assistance under section 420 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5187); or (B) land of which included an area for which the President declared a major disaster for fire in accordance with section 401 of that Act (42 U.S.C. 5170). (4) <<NOTE: Time period.>> High-risk state.--The term ``high-risk State'' means a State that, during not fewer than 4 of the 5 years preceding the date of enactment of this Act-- (A) received fire management assistance under section 420 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5187); or (B) included an area for which the President declared a major disaster for fire in accordance with section 401 of that Act (42 U.S.C. 5170). (5) Indian tribal government.--The term ``Indian tribal government'' has the meaning given the term in section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122). (6) Secretaries.--The term ``Secretaries'' means-- (A) the Secretary of the Interior; (B) the Secretary of Agriculture; and (C) the Secretary of Homeland Security, acting through the Administrator of the Federal Emergency Management Agency. (7) State.--The term ``State'' has the meaning given the term in section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122). (8) Wildland-urban interface.--The term ``wildland-urban interface'' has the meaning given the term in section [[Page 135 STAT. 1252]] 101 of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6511). SEC. 70203. ESTABLISHMENT OF COMMISSION. (a) <<NOTE: Deadline. Study. Recommenda- tions.>> Establishment.-- Not later than 30 days after the date of enactment of this Act, the Secretaries shall jointly establish a commission to study and make recommendations to improve Federal policies relating to-- (1) the prevention, mitigation, suppression, and management of wildland fires in the United States; and (2) the rehabilitation of land in the United States devastated by wildland fires. (b) Membership.-- (1) Composition.--The Commission shall be composed of-- (A) each of the Secretaries (or designees), who shall jointly serve as the co-chairpersons of the Commission; (B) <<NOTE: Appointments.>> 9 representatives of Federal departments or agencies, to be appointed by the Secretaries, including-- (i) not fewer than 1 representative from each of-- (I) the Bureau of Land Management; (II) the National Park Service; (III) the Bureau of Indian Affairs; (IV) the United States Fish and Wildlife Service; and (V) the Forest Service; (ii) a representative of or liaison to the Mitigation Framework Leadership Group of the Federal Emergency Management Agency; (iii) a representative to the National Interagency Coordination Center, which is part of the National Wildfire Coordination Group; (iv) a representative from 1 of the coordinating agencies of the Recovery Support Function Leadership Group; and (v) if the Secretaries determine it to be appropriate, a representative of any other Federal department or agency, such as the Department of Energy, the Environmental Protection Agency, or the Department of Defense; and (C) <<NOTE: Appointments.>> 18 non-Federal stakeholders with expertise in wildland fire preparedness, mitigation, suppression, or management, who collectively have a combination of backgrounds, experiences, and viewpoints and are representative of rural, urban, and suburban areas, to be appointed by the Secretaries, including-- (i) not fewer than 1 State hazard mitigation officer of a high-risk State (or a designee); (ii) with preference given to representatives from high-risk States and high-risk Indian tribal governments, not fewer than 1 representative from each of-- (I) a State department of natural resources, forestry, or agriculture or a similar State agency; (II) a State department of energy or a similar State agency; (III) a county government, with preference given to counties at least a portion of which is in the wildland- urban interface; and [[Page 135 STAT. 1253]] (IV) a municipal government, with preference given to municipalities at least a portion of which is in the wildland-urban interface; (iii) with preference given to representatives from high-risk States and high-risk Indian tribal governments, not fewer than 1 representative from each of-- (I) the public utility industry; (II) the property development industry; (III) Indian tribal governments; (IV) wildland firefighters; and (V) an organization-- (aa) described in section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from taxation under section 501(a) of that Code; and (bb) with expertise in forest management and environmental conservation; (iv) not greater than 2 other appropriate non- Federal stakeholders, which may include the private sector; and (v) any other appropriate non-Federal stakeholders, which may include the private sector, with preference given to non-Federal stakeholders from high-risk States and high-risk Indian tribal governments. (2) State limitation.--Each member of the Commission appointed under clauses (i) and (ii) of paragraph (1)(C) shall represent a different State. (3) <<NOTE: Deadline.>> Date.--The appointments of the members of the Commission shall be made not later than 60 days after the date of enactment of this Act. (c) Period of Appointment; Vacancies.-- (1) In general.--A member of the Commission shall be appointed for the life of the Commission. (2) Vacancies.--A vacancy in the Commission-- (A) shall not affect the powers of the Commission; and (B) shall be filled in the same manner as the original appointment. (d) Meetings.-- (1) <<NOTE: Deadline.>> Initial meeting.--Not later than 30 days after the date on which all members of the Commission have been appointed, the Commission shall hold the first meeting of the Commission. (2) <<NOTE: Time period.>> Frequency.--The Commission shall meet not less frequently than once every 30 days. (3) Type.--The Commission may hold meetings, and a member of the Commission may participate in a meeting, remotely through teleconference, video conference, or similar means. (4) Quorum.--A majority of the members of the Commission shall constitute a quorum, but a lesser number of members may hold hearings. SEC. 70204. DUTIES OF COMMISSION. (a) Report on Recommendations to Mitigate and Manage Wildland Fires.-- [[Page 135 STAT. 1254]] (1) In general.--Not later than 1 year after the date of the first meeting of the Commission, the Commission shall submit to the appropriate committees of Congress a report describing recommendations to prevent, mitigate, suppress, and manage wildland fires, including-- (A) policy recommendations, including recommendations-- (i) to maximize the protection of human life, community water supplies, homes, and other essential structures, which may include recommendations to expand the use of initial attack strategies; (ii) to facilitate efficient short- and long- term forest management in residential and nonresidential at-risk areas, which may include a review of community wildfire protection plans; (iii) to manage the wildland-urban interface; (iv) to manage utility corridors; (v) to rehabilitate land devastated by wildland fire; and (vi) to improve the capacity of the Secretary of Agriculture and the Secretary of the Interior to conduct hazardous fuels reduction projects; (B) policy recommendations described in subparagraph (A) with respect to any recommendations for-- (i) categorical exclusions from the requirement to prepare an environmental impact statement or analysis under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); or (ii) additional staffing or resources that may be necessary to more expeditiously prepare an environmental impact statement or analysis under that Act; (C) policy recommendations for modernizing and expanding the use of technology, including satellite technology, remote sensing, unmanned aircraft systems, and any other type of emerging technology, to prevent, mitigate, suppress, and manage wildland fires, including any recommendations with respect to-- (i) the implementation of section 1114 of the John D. Dingell, Jr. Conservation, Management, and Recreation Act (43 U.S.C. 1748b-1); or (ii) improving early wildland fire detection; (D) <<NOTE: Assessments.>> an assessment of Federal spending on wildland fire-related disaster management, including-- (i) a description and assessment of Federal grant programs for States and units of local government for pre- and post-wildland fire disaster mitigation and recovery, including-- (I) the amount of funding provided under each program; (II) the effectiveness of each program with respect to long-term forest management and maintenance; and (III) recommendations to improve the effectiveness of each program, including with respect to-- (aa) the conditions on the use of funds received under the program; and [[Page 135 STAT. 1255]] (bb) the extent to which additional funds are necessary for the program; (ii) <<NOTE: Evaluation.>> an evaluation, including recommendations to improve the effectiveness in mitigating wildland fires, which may include authorizing prescribed fires, of-- (I) the Building Resilient Infrastructure and Communities program under section 203 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5133); (II) the Pre-Disaster Mitigation program under that section (42 U.S.C. 5133); (III) the Hazard Mitigation Grant Program under section 404 of that Act (42 U.S.C. 5170c); (IV) Hazard Mitigation Grant Program post-fire assistance under sections 404 and 420 of that Act (42 U.S.C. 5170c, 5187); and (V) <<NOTE: Determination.>> such other programs as the Commission determines to be appropriate; (iii) <<NOTE: Assessment.>> an assessment of the definition of ``small impoverished community'' under section 203(a) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5133(a)), specifically-- (I) the exclusion of the percentage of land owned by an entity other than a State or unit of local government; and (II) any related economic impact of that exclusion; and (iv) recommendations for Federal budgeting for wildland fires and post-wildfire recovery; (E) any recommendations for matters under subparagraph (A), (B), (C), or (D) specific to-- (i) forest type, vegetation type, or forest and vegetation type; or (ii) State land, Tribal land, or private land; (F)(i) <<NOTE: Review.>> a review of the national strategy described in the report entitled ``The National Strategy: The Final Phase in the Development of the National Cohesive Wildland Fire Management Strategy'' and dated April 2014; and (ii) any recommendations for changes to that national strategy to improve its effectiveness; and (G)(i) <<NOTE: Evaluation.>> an evaluation of coordination of response to, and suppression of, wildfires occurring on Federal, Tribal, State, and local land among Federal, Tribal, State, and local agencies with jurisdiction over that land; and (ii) any recommendations to improve the coordination described in clause (i). (2) Specific policy recommendations.--To the maximum extent practicable, the report described in paragraph (1) shall include detailed short- and long-term policy recommendations, including any recommendations for Federal legislation. (3) <<NOTE: Determination.>> Interim reports.--Before the submission of the report under paragraph (1), on approval of all members of the Commission, the Commission may submit to the appropriate committees of Congress 1 or more interim reports, as the Commission determines to be appropriate, relating to any matters described in paragraph (1). [[Page 135 STAT. 1256]] (b) Report on Aerial Wildland Firefighting Equipment Strategy and Inventory Assessment.-- (1) <<NOTE: Deadline.>> Submission of inventory to the commission.--Not later than 45 days after the date on which the Commission holds the first meeting of the Commission, the Secretary of Defense and the heads of other relevant Federal departments and agencies shall submit to the Commission an inventory of surplus cargo and passenger aircraft and excess common-use aircraft parts that may be used for wildland firefighting purposes, excluding any aircraft or aircraft parts that are-- (A) reasonably anticipated to be necessary for military operations, readiness, or fleet management in the future; or (B) already obligated for purposes other than fighting wildland fires. (2) <<NOTE: Deadline.>> Submission of report to congress.-- Not later than 90 days after the date on which the Commission receives the inventory described in paragraph (1), the Commission shall submit to the appropriate committees of Congress a report outlining a strategy to meet aerial firefighting equipment needs through 2030 in the most cost- effective manner, including-- (A) an assessment of the expected number of aircraft and aircraft parts needed to fight wildland fires through 2030; (B) an assessment of existing authorities of the Secretary of Defense and the heads of other relevant Federal departments and agencies to provide or sell surplus aircraft or aircraft parts to Federal, State, or local authorities for wildland firefighting use, including-- (i) a description of the current use of each existing authority; and (ii) a description of any additional authorities that are needed for the Secretary of Defense and the heads of other relevant Federal departments and agencies to provide or sell surplus aircraft or aircraft parts to Federal, State, or local authorities for wildland firefighting use; and (C) <<NOTE: Recommenda- tions.>> recommendations to ensure the availability of aircraft and aircraft parts that the Commission expects will be necessary to fight wildland fires through 2030 in the most cost-effective manner. (3) Considerations for accessing aircraft and aircraft parts.--In developing the strategy in the report required under paragraph (2) and the recommendations under paragraph (2)(C), the Commission shall consider all private and public sector options for accessing necessary aircraft and aircraft parts, including procurement, contracting, retrofitting, and public- private partnerships. (4) Unclassified report.--The inventory and report submitted under paragraphs (1) and (2), respectively-- (A) shall be unclassified; but (B) <<NOTE: Classified information.>> may include a classified annex. (c) Majority Requirement.--Not less than \2/3\ of the members of the Commission shall approve the recommendations contained in each report submitted under subsection (a) or (b)(2). [[Page 135 STAT. 1257]] SEC. 70205. POWERS OF COMMISSION. (a) Hearings.--The Commission may hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence as the Commission considers advisable to carry out this title. (b) Information From Federal Agencies.-- (1) In general.--The Commission may secure directly from a Federal department or agency such information as the Commission considers necessary to carry out this title. (2) Furnishing information.--On request of the Chairpersons of the Commission, the head of the department or agency shall furnish the information to the Commission. (c) Postal Services.--The Commission may use the United States mails in the same manner and under the same conditions as other departments and agencies of the Federal Government. (d) Gifts.--The Commission may accept, use, and dispose of such gifts or donations of services or property as the Commission considers necessary to carry out this title. SEC. 70206. COMMISSION PERSONNEL MATTERS. (a) No Compensation.--A member of the Commission shall serve without compensation. (b) Travel Expenses.--A member of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of services for the Commission. (c) Staff.-- (1) In general.--The Chairpersons of the Commission may, without regard to the civil service laws (including regulations), appoint and terminate an executive director and such other additional personnel as may be necessary to enable the Commission to perform its duties, except that the employment of an executive director shall be subject to confirmation by the Commission. (2) Compensation.--The Chairpersons of the Commission may fix the compensation of the executive director and other personnel without regard to chapter 51 and subchapter III of chapter 53 of title 5, United States Code, relating to classification of positions and General Schedule pay rates, except that the rate of pay for the executive director and other personnel may not exceed the rate payable for level V of the Executive Schedule under section 5316 of that title. (d) Detail of Government Employees.--A Federal Government employee may be detailed to the Commission without reimbursement, and such detail shall be without interruption or loss of civil service status or privilege. (e) Procurement of Temporary and Intermittent Services.--The Chairpersons of the Commission may procure temporary and intermittent services under section 3109(b) of title 5, United States Code, at rates for individuals that do not exceed the daily equivalent of the annual rate of basic pay prescribed for level V of the Executive Schedule under section 5316 of that title. [[Page 135 STAT. 1258]] SEC. 70207. TERMINATION OF COMMISSION. The Commission shall terminate on the date that is 180 days after the date on which the Commission has submitted the reports under subsections (a) and (b) of section 70204. TITLE <<NOTE: Repairing Existing Public Land by Adding Necessary Trees Act.>> III--REFORESTATION SEC. 70301. <<NOTE: 16 USC 1600 note.>> SHORT TITLE. This title may be cited as the ``Repairing Existing Public Land by Adding Necessary Trees Act'' or the ``REPLANT Act''. SEC. 70302. REFORESTATION FOLLOWING WILDFIRES AND OTHER UNPLANNED EVENTS. (a) Forest and Rangeland Renewable Resources Planning Act of 1974.-- (1) National forest cover policy.-- (A) In general.--Section 3 of the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1601) is amended-- (i) by redesignating subsection (e) as subsection (f); (ii) by redesignating the second subsection (d) (relating to the policy of Congress regarding forested land in the National Forest System) as subsection (e); and (iii) in subsection (e) (as so redesignated)-- (I) in paragraph (2)-- (aa) in the first sentence-- (AA) by striking ``9 of this Act, the Secretary shall annually for eight years following the enactment of this subsection'' and inserting ``9, the Secretary shall, annually during each of the 10 years beginning after the date of enactment of the REPLANT Act''; and (BB) by striking ``eight-year'' and inserting ``10-year''; (bb) in the second sentence, by striking ``such eight-year period'' and inserting ``the 10- year period''; and (cc) in the third sentence, by striking ``1978'' and inserting ``2021''; (II) in paragraph (3), in the first sentence, by striking ``subsection (d)'' and inserting ``subsection''; and (III) by adding at the end the following: ``(4) Reforestation requirements.-- ``(A) Definitions.--In this paragraph: ``(i) Natural regeneration.-- ``(I) In general.--The term `natural regeneration' means the establishment of a tree or tree age class from natural seeding, sprouting, or suckering in accordance with the management objectives of an applicable land management plan. ``(II) Inclusion.--The term `natural regeneration' may include any site preparation activity to [[Page 135 STAT. 1259]] enhance the success of regeneration to the desired species composition and structure. ``(ii) Priority land.--The term `priority land' means National Forest System land that, due to an unplanned event-- ``(I) does not meet the conditions for appropriate forest cover described in paragraph (1); ``(II) requires reforestation to meet the objectives of an applicable land management plan; and ``(III) is unlikely to experience natural regeneration without assistance. ``(iii) Reforestation.--The term `reforestation' means the act of renewing tree cover, taking into consideration species composition and resilience, by establishing young trees through-- ``(I) natural regeneration; ``(II) natural regeneration with site preparation; or ``(III) planting or direct seeding. ``(iv) Secretary.--The term `Secretary' means the Secretary, acting through the Chief of the Forest Service. ``(v) Unplanned event.-- ``(I) In general.--The term `unplanned event' means any unplanned disturbance that-- ``(aa) disrupts ecosystem or forest structure or composition; or ``(bb) changes resources, substrate availability, or the physical environment. ``(II) Inclusions.--The term `unplanned event' may include-- ``(aa) a wildfire; ``(bb) an infestation of insects or disease; ``(cc) a weather event; and ``(dd) animal damage. ``(B) Requirement.--Each reforestation activity under this section shall be carried out in accordance with applicable Forest Service management practices and definitions, including definitions relating to silvicultural practices and forest management. ``(C) Reforestation priority.-- ``(i) In general.--In carrying out this subsection, the Secretary shall give priority to projects on the priority list described in clause (ii). ``(ii) Priority list.-- ``(I) In general.--The Secretary shall, based on recommendations from regional foresters, create a priority list of reforestation projects that-- ``(aa) primarily take place on priority land; ``(bb) promote effective reforestation following unplanned events; and ``(cc) may include activities to ensure adequate and appropriate seed availability. ``(II) Ranking.--The Secretary shall rank projects on the priority list under subclause (I) based on-- [[Page 135 STAT. 1260]] ``(aa) documentation of an effective reforestation project plan; ``(bb) the ability to measure the progress and success of the project; and ``(cc) the ability of a project to provide benefits relating to forest function and health, soil health and productivity, wildlife habitat, improved air and water quality, carbon sequestration potential, resilience, job creation, and enhanced recreational opportunities.''. (B) Conforming amendment.--Section 9 of the Cooperative Forestry Assistance Act of 1978 (16 U.S.C. 2105) is amended, in the undesignated matter following paragraph (5) of subsection (g)-- (i) by striking ``section 3(d)'' and inserting ``subsection (e) of section 3''; and (ii) by striking ``1601(d)'' and inserting ``1601''. (2) National forest system program elements.--Section 9 of the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1607) is amended, in the second sentence, by striking ``2000'' and inserting ``2030''. (b) Reforestation Trust Fund.--Section 303 of Public Law 96-451 (16 U.S.C. 1606a) is amended-- (1) in subsection (b)-- (A) by striking paragraph (2); (B) in paragraph (3)-- (i) in the second sentence, by striking ``Proper adjustment'' and inserting the following: ``(3) Adjustment of estimates.--Proper adjustment''; and (ii) by striking ``(3) The amounts'' and inserting the following: ``(2) Frequency.--The amounts''; and (C) by striking the subsection designation and all that follows through ``the Secretary'' in paragraph (1) and inserting the following: ``(b) Transfers to Trust Fund.-- ``(1) In general.--The Secretary''; and (2) in subsection (d)(1)-- (A) by striking ``section 3(d)'' and inserting ``subsection (e) of section 3''; and (B) by striking ``1601(d)'' and inserting ``1601''. SEC. 70303. <<NOTE: 16 USC 1601 note. Public information. Web posting.>> REPORT. Not later than 1 year after the date of enactment of this Act, and annually thereafter, the Secretary of Agriculture shall submit to the Committee on Agriculture, Nutrition, and Forestry of the Senate and the Committee on Agriculture of the House of Representatives, and make publicly available on the website of the Forest Service, a report that describes, with respect to the preceding year-- (1) <<NOTE: Evaluation.>> an evaluation of the degree to which the Secretary has achieved compliance with the requirements contained in the amendments made by this title, including, as a result of those amendments, the number of acres covered by reforestation projects that follow unplanned events (such as wildfires); [[Page 135 STAT. 1261]] (2) the total number of acres of land reforested under each authority of the Secretary under which reforestation projects have been carried out; (3) the number of acres of National Forest System land affected by, and the substance of reforestation needs on that land resulting from, unplanned events; and (4) the number of acres in need of reforestation under subsection (e)(1) of section 3 of the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1601). TITLE IV--RECYCLING PRACTICES SEC. 70401. <<NOTE: 42 USC 6966c.>> BEST PRACTICES FOR BATTERY RECYCLING AND LABELING GUIDELINES. (a) Definitions.--In this section: (1) Administrator.--The term ``Administrator'' means the Administrator of the Environmental Protection Agency. (2) Battery.--The term ``battery'' means a device that-- (A) consists of 1 or more electrochemical cells that are electrically connected; and (B) is designed to store and deliver electric energy. (3) Recycling.--The term ``recycling'' means the series of activities-- (A) during which recyclable materials are processed into specification-grade commodities, and consumed as raw-material feedstock, in lieu of virgin materials, in the manufacturing of new products; (B) that may include collection, processing, and brokering; and (C) that result in subsequent consumption by a materials manufacturer, including for the manufacturing of new products. (b) Best Practices for Collection of Batteries to Be Recycled.-- (1) In general.--The Administrator shall develop best practices that may be implemented by State, Tribal, and local governments with respect to the collection of batteries to be recycled in a manner that-- (A) to the maximum extent practicable, is technically and economically feasible for State, Tribal, and local governments; (B) is environmentally sound and safe for waste management workers; and (C) optimizes the value and use of material derived from recycling of batteries. (2) <<NOTE: Coordination.>> Consultation.--The Administrator shall develop the best practices described in paragraph (1) in coordination with State, Tribal, and local governments and relevant nongovernmental and private sector entities. (3) Report.--Not later than 2 years after the date of enactment of this Act, the Administrator shall submit to Congress a report describing the best practices developed under paragraph (1). (4) <<NOTE: Time period.>> Authorization of appropriations.--There is authorized to be appropriated to the Administrator to carry out this [[Page 135 STAT. 1262]] subsection $10,000,000 for fiscal year 2022, to remain available until September 30, 2026. (c) Voluntary Labeling Guidelines.-- (1) In general.--There is established within the Environmental Protection Agency a program (referred to in this subsection as the ``program'') to promote battery recycling through the development of-- (A) voluntary labeling guidelines for batteries; and (B) other forms of communication materials for battery producers and consumers about the reuse and recycling of critical materials from batteries. (2) Purposes.--The purposes of the program are to improve battery collection and reduce battery waste, including by-- (A) identifying battery collection locations and increasing accessibility to those locations; (B) promoting consumer education about battery collection and recycling; and (C) reducing safety concerns relating to the improper disposal of batteries. (3) Other standards and law.--The Administrator shall make every reasonable effort to ensure that voluntary labeling guidelines and other forms of communication materials developed under the program are consistent with-- (A) international battery labeling standards; and (B) the Mercury-Containing and Rechargeable Battery Management Act (42 U.S.C. 14301 et seq.). (4) <<NOTE: Time period.>> Authorization of appropriations.--There is authorized to be appropriated to the Administrator to carry out this subsection $15,000,000 for fiscal year 2022, to remain available until September 30, 2026. SEC. 70402. <<NOTE: 42 USC 6966d.>> CONSUMER RECYCLING EDUCATION AND OUTREACH GRANT PROGRAM; FEDERAL PROCUREMENT. (a) Definition of Administrator.--In this section, the term ``Administrator'' means the Administrator of the Environmental Protection Agency. (b) Consumer Recycling Education and Outreach Grant Program.-- (1) In general.--The Administrator shall establish a program (referred to in this subsection as the ``grant program'') to award competitive grants to eligible entities to improve the effectiveness of residential and community recycling programs through public education and outreach. (2) Criteria.--The Administrator shall award grants under the grant program for projects that, by using one or more eligible activities described in paragraph (5)-- (A) inform the public about residential or community recycling programs; (B) provide information about the recycled materials that are accepted as part of a residential or community recycling program that provides for the separate collection of residential solid waste from recycled material; and (C) increase collection rates and decrease contamination in residential and community recycling programs. (3) Eligible entities.-- (A) In general.--An entity that is eligible to receive a grant under the grant program is-- [[Page 135 STAT. 1263]] (i) a State; (ii) a unit of local government; (iii) an Indian Tribe (as defined in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304)); (iv) a Native Hawaiian organization (as defined in section 6207 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7517)); (v) the Department of Hawaiian Home Lands; (vi) the Office of Hawaiian Affairs; (vii) a nonprofit organization; or (viii) a public-private partnership. (B) Coordination of activities.--2 or more entities described in subparagraph (A) may receive a grant under the grant program to coordinate the provision of information to residents that may access 2 or more residential recycling programs, including programs that accept different recycled materials, to provide to the residents information regarding differences among those residential recycling programs. (4) Requirement.-- (A) In general.--To receive a grant under the grant program, an eligible entity shall demonstrate to the Administrator that the grant funds will be used to encourage the collection of recycled materials that are sold to an existing or developing market. (B) Business plans and financial data.-- (i) In general.--An eligible entity may make a demonstration under subparagraph (A) through the submission to the Administrator of appropriate business plans and financial data. (ii) Confidentiality.--The Administrator shall treat any business plans or financial data received under clause (i) as confidential information. (5) Eligible activities.--An eligible entity that receives a grant under the grant program may use the grant funds for activities including-- (A) public service announcements; (B) a door-to-door education and outreach campaign; (C) social media and digital outreach; (D) an advertising campaign on recycling awareness; (E) the development and dissemination of-- (i) a toolkit for a municipal and commercial recycling program; (ii) information on the importance of quality in the recycling stream; (iii) information on the economic and environmental benefits of recycling; and (iv) information on what happens to materials after the materials are placed into a residential or community recycling program; (F) businesses recycling outreach; (G) bin, cart, and other receptacle labeling and signs; and (H) <<NOTE: Determination.>> such other activities that the Administrator determines are appropriate to carry out the purposes of this subsection. [[Page 135 STAT. 1264]] (6) Prohibition on use of funds.--No funds may be awarded under the grant program for a residential recycling program that-- (A) does not provide for the separate collection of residential solid waste (as defined in section 246.101 of title 40, Code of Federal Regulations (as in effect on the date of enactment of this Act)) from recycled material (as defined in that section), unless the funds are used to promote a transition to a system that separately collects recycled materials; or (B) promotes the establishment of, or conversion to, a residential collection system that does not provide for the separate collection of residential solid waste from recycled material (as those terms are defined under subparagraph (A)). (7) Model recycling program toolkit.-- (A) <<NOTE: Consultation.>> In general.--In carrying out the grant program, the Administrator, in consultation with other relevant Federal agencies, States, Indian Tribes, units of local government, nonprofit organizations, and the private sector, shall develop a model recycling program toolkit for States, Indian Tribes, and units of local government that includes, at a minimum-- (i) a standardized set of terms and examples that may be used to describe materials that are accepted by a residential recycling program; (ii) information that the Administrator determines can be widely applied across residential recycling programs, taking into consideration the differences in recycled materials accepted by residential recycling programs; (iii) educational principles on best practices for the collection and processing of recycled materials; (iv) a community self-assessment guide to identify gaps in existing recycling programs; (v) training modules that enable States and nonprofit organizations to provide technical assistance to units of local government; (vi) access to consumer educational materials that States, Indian Tribes, and units of local government can adapt and use in recycling programs; and (vii) a guide to measure the effectiveness of a grant received under the grant program, including standardized measurements for recycling rates and decreases in contamination. (B) Requirement.--In developing the standardized set of terms and examples under subparagraph (A)(i), the Administrator may not establish any requirements for-- (i) what materials shall be accepted by a residential recycling program; or (ii) the labeling of products. (8) School curriculum.--The Administrator shall provide assistance to the educational community, including nonprofit organizations, such as an organization the science, technology, engineering, and mathematics program of which incorporates recycling, to promote the introduction of recycling principles and best practices into public school curricula. [[Page 135 STAT. 1265]] (9) Reports.-- (A) To the administrator.--Not earlier than 180 days, and not later than 2 years, after the date on which a grant under the grant program is awarded to an eligible entity, the eligible entity shall submit to the Administrator a report describing, by using the guide developed under paragraph (7)(A)(vii)-- (i) the change in volume of recycled material collected through the activities funded with the grant; (ii) the change in participation rate of the recycling program funded with the grant; (iii) the reduction of contamination in the recycling stream as a result of the activities funded with the grant; and (iv) <<NOTE: Determination.>> such other information as the Administrator determines to be appropriate. (B) To congress.--The Administrator shall submit to Congress an annual report describing-- (i) the effectiveness of residential recycling programs awarded funds under the grant program, including statistics comparing the quantity and quality of recycled materials collected by those programs, as described in the reports submitted to the Administrator under subparagraph (A); and (ii) recommendations on additional actions to improve residential recycling. (c) Federal Procurement.--Section 6002 of the Solid Waste Disposal Act (42 U.S.C. 6962) is amended-- (1) <<NOTE: Time periods.>> in subsection (e), in the matter preceding paragraph (1), by striking ``and from time to time, revise'' and inserting ``review not less frequently than once every 5 years, and, if appropriate, revise, in consultation with recyclers and manufacturers of products containing recycled content, not later than 2 years after the completion of the initial review after the date of enactment of the Infrastructure Investment and Jobs Act and thereafter, as appropriate''; and (2) by adding at the end the following: ``(j) Consultation and Provision of Information by Administrator.-- The Administrator shall-- ``(1) consult with each procuring agency, including contractors of the procuring agency, to clarify the responsibilities of the procuring agency under this section; and ``(2) provide to each procuring agency information on the requirements under this section and the responsibilities of the procuring agency under this section. ``(k) <<NOTE: Consultation.>> 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) <<NOTE: Time period.>> In general.--There is authorized to be appropriated to the Administrator to carry out this section and the amendments made by this section $15,000,000 for each of fiscal years 2022 through 2026. [[Page 135 STAT. 1266]] (2) Requirement.--Of the amount made available under paragraph (1) for a fiscal year, not less than 20 percent shall be allocated to-- (A) low-income communities; (B) rural communities; and (C) communities identified as Native American pursuant to section 2(9) of the Native American Graves Protection and Repatriation Act (25 U.S.C. 3001(9)). TITLE V--BIOPRODUCT PILOT PROGRAM SEC. 70501. <<NOTE: 7 USC 7624.>> PILOT PROGRAM ON USE OF AGRICULTURAL COMMODITIES IN CONSTRUCTION AND CONSUMER PRODUCTS. (a) Definitions.--In this section: (1) Construction product.--The term ``construction product'' means any article, or component part thereof, produced or distributed for use during the construction, maintenance, or preservation of a highway, road, street, bridge, building, dam, port, or airport construction project. (2) Consumer product.--The term ``consumer product'' means-- (A) any article, or component part thereof, produced or distributed-- (i) for sale to a consumer for use in or around a permanent or temporary household or residence, a school, in recreation, or otherwise; or (ii) for the personal use, consumption or enjoyment of a consumer in or around a permanent or temporary household or residence, a school, in recreation, or otherwise; and (B) any product or product category described in subparagraphs (A) through (I) of section 3(a)(5) of the Consumer Product Safety Act (15 U.S.C. 2052(a)(5)). (3) Covered agricultural commodity.--The term ``covered agricultural commodity'' means any agricultural commodity, food, feed, fiber, livestock, oil, or a derivative thereof, that the Secretary determines to have been used in the production of materials that have demonstrated market viability and benefits (as described in paragraphs (1) through (7) of subsection (b)) as of the date of enactment of this Act. (4) Qualified institution.--The term ``qualified institution'' means a bioproducts research facility that-- (A) is funded, in part, by a State; (B) is located within a reasonable distance, not to exceed 3 miles, of the primary residence hall of an institution of higher education (as defined in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a))); (C) provides students opportunities to engage in research activities; and (D) provides opportunities for an institution of higher education (as defined in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a))) to collaborate with private enterprise. (5) Secretary.--The term ``Secretary'' means the Secretary of Agriculture. [[Page 135 STAT. 1267]] (b) Establishment.--The Secretary shall carry out a pilot program under which the Secretary shall partner with not less than 1 qualified institution to study the benefits of using materials derived from covered agricultural commodities in the production of construction products and consumer products, including-- (1) cost savings relative to other commonly used alternative materials; (2) greenhouse gas emission reductions and other environmental benefits relative to other commonly used alternative materials; (3) life-cycle and longevity-extending characteristics relative to other commonly used alternative materials; (4) life-cycle and longevity-reducing characteristics relative to other commonly used alternative materials; (5) landfill quantity and waste management cost reductions; (6) product development and production scale-up; and (7) any other benefits that the Secretary determines to be appropriate. (c) <<NOTE: Time period.>> 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 <<NOTE: Cyber Response and Recovery Act.>> A--Cyber Response and Recovery Act SEC. 70601. <<NOTE: 6 USC 101 note.>> SHORT TITLE. This subtitle may be cited as the ``Cyber Response and Recovery Act''. SEC. 70602. DECLARATION OF A SIGNIFICANT INCIDENT. (a) In General.--Title XXII of the Homeland Security Act of 2002 (6 U.S.C. 651 et seq.) is amended by adding at the end the following: ``Subtitle C--Declaration of a Significant Incident ``SEC. 2231. <<NOTE: 6 USC 677.>> SENSE OF CONGRESS. ``It is the sense of Congress that-- ``(1) the purpose of this subtitle is to authorize the Secretary to declare that a significant incident has occurred and to establish the authorities that are provided under the declaration to respond to and recover from the significant incident; and ``(2) the authorities established under this subtitle are intended to enable the Secretary to provide voluntary assistance to non-Federal entities impacted by a significant incident. ``SEC. 2232. <<NOTE: 6 USC 677a.>> 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 [[Page 135 STAT. 1268]] an incident with the response to, remediation of, or recovery from, the incident, including-- ``(A) furnishing technical and advisory assistance to the entity to protect the assets of the entity, mitigate vulnerabilities, and reduce the related impacts; ``(B) assessing potential risks to the critical infrastructure sector or geographic region impacted by the incident, including potential cascading effects of the incident on other critical infrastructure sectors or geographic regions; ``(C) developing courses of action to mitigate the risks assessed under subparagraph (B); ``(D) facilitating information sharing and operational coordination with entities performing threat response activities; and ``(E) providing guidance on how best to use Federal resources and capabilities in a timely, effective manner to speed recovery from the incident. ``(2) Declaration.--The term `declaration' means a declaration of the Secretary under section 2233(a)(1). ``(3) Director.--The term `Director' means the Director of the Cybersecurity and Infrastructure Security Agency. ``(4) Federal agency.--The term `Federal agency' has the meaning given the term `agency' in section 3502 of title 44, United States Code. ``(5) Fund.--The term `Fund' means the Cyber Response and Recovery Fund established under section 2234(a). ``(6) Incident.--The term `incident' has the meaning given the term in section 3552 of title 44, United States Code. ``(7) Renewal.--The term `renewal' means a renewal of a declaration under section 2233(d). ``(8) Significant incident.--The term `significant incident'-- ``(A) means an incident or a group of related incidents that results, or is likely to result, in demonstrable harm to-- ``(i) the national security interests, foreign relations, or economy of the United States; or ``(ii) the public confidence, civil liberties, or public health and safety of the people of the United States; and ``(B) does not include an incident or a portion of a group of related incidents that occurs on-- ``(i) a national security system (as defined in section 3552 of title 44, United States Code); or ``(ii) an information system described in paragraph (2) or (3) of section 3553(e) of title 44, United States Code. ``SEC. 2233. <<NOTE: 6 USC 677b.>> DECLARATION. ``(a) In General.-- ``(1) <<NOTE: Consultation. Determination.>> Declaration.-- The Secretary, in consultation with the National Cyber Director, may make a declaration of a significant incident in accordance with this section for the purpose of enabling the activities described in this subtitle if the Secretary determines that-- ``(A) a specific significant incident-- ``(i) has occurred; or [[Page 135 STAT. 1269]] ``(ii) is likely to occur imminently; and ``(B) otherwise available resources, other than the Fund, are likely insufficient to respond effectively to, or to mitigate effectively, the specific significant incident described in subparagraph (A). ``(2) Prohibition on delegation.--The Secretary may not delegate the authority provided to the Secretary under paragraph (1). ``(b) <<NOTE: Coordination.>> Asset Response Activities.--Upon a declaration, the Director shall coordinate-- ``(1) the asset response activities of each Federal agency in response to the specific significant incident associated with the declaration; and ``(2) with appropriate entities, which may include-- ``(A) public and private entities and State and local governments with respect to the asset response activities of those entities and governments; and ``(B) Federal, State, local, and Tribal law enforcement agencies with respect to investigations and threat response activities of those law enforcement agencies; and ``(3) Federal, State, local, and Tribal emergency management and response agencies. ``(c) Duration.--Subject to subsection (d), a declaration shall terminate upon the earlier of-- ``(1) <<NOTE: Determination.>> a determination by the Secretary that the declaration is no longer necessary; or ``(2) <<NOTE: Effective date.>> the expiration of the 120- day period beginning on the date on which the Secretary makes the declaration. ``(d) Renewal.--The Secretary, without delegation, may renew a declaration as necessary. ``(e) Publication.-- ``(1) <<NOTE: Deadline. Federal Register, publication.>> In general.--Not later than 72 hours after a declaration or a renewal, the Secretary shall publish the declaration or renewal in the Federal Register. ``(2) Prohibition.--A declaration or renewal published under paragraph (1) may not include the name of any affected individual or private company. ``(f) Advance Actions.-- ``(1) In general.--The Secretary-- ``(A) <<NOTE: Assessment.>> shall assess the resources available to respond to a potential declaration; and ``(B) may take actions before and while a declaration is in effect to arrange or procure additional resources for asset response activities or technical assistance the Secretary determines necessary, which may include entering into standby contracts with private entities for cybersecurity services or incident responders in the event of a declaration. ``(2) Expenditure of funds.--Any expenditure from the Fund for the purpose of paragraph (1)(B) shall be made from amounts available in the Fund, and amounts available in the Fund shall be in addition to any other appropriations available to the Cybersecurity and Infrastructure Security Agency for such purpose. [[Page 135 STAT. 1270]] ``SEC. 2234. <<NOTE: 6 USC 677c.>> CYBER RESPONSE AND RECOVERY FUND. ``(a) In General.--There is established a Cyber Response and Recovery Fund, which shall be available for-- ``(1) the coordination of activities described in section 2233(b); ``(2) response and recovery support for the specific significant incident associated with a declaration to Federal, State, local, and Tribal, entities and public and private entities on a reimbursable or non-reimbursable basis, including through asset response activities and technical assistance, such as-- ``(A) vulnerability assessments and mitigation; ``(B) technical incident mitigation; ``(C) malware analysis; ``(D) analytic support; ``(E) threat detection and hunting; and ``(F) network protections; ``(3) <<NOTE: Determination.>> as the Director determines appropriate, grants for, or cooperative agreements with, Federal, State, local, and Tribal public and private entities to respond to, and recover from, the specific significant incident associated with a declaration, such as-- ``(A) hardware or software to replace, update, improve, harden, or enhance the functionality of existing hardware, software, or systems; and ``(B) technical contract personnel support; and ``(4) advance actions taken by the Secretary under section 2233(f)(1)(B). ``(b) Deposits and Expenditures.-- ``(1) In general.--Amounts shall be deposited into the Fund from-- ``(A) appropriations to the Fund for activities of the Fund; and ``(B) reimbursement from Federal agencies for the activities described in paragraphs (1), (2), and (4) of subsection (a), which shall only be from amounts made available in advance in appropriations Acts for such reimbursement. ``(2) Expenditures.--Any expenditure from the Fund for the purposes of this subtitle shall be made from amounts available in the Fund from a deposit described in paragraph (1), and amounts available in the Fund shall be in addition to any other appropriations available to the Cybersecurity and Infrastructure Security Agency for such purposes. ``(c) Supplement Not Supplant.--Amounts in the Fund shall be used to supplement, not supplant, other Federal, State, local, or Tribal funding for activities in response to a declaration. ``(d) <<NOTE: Requirement.>> Reporting.--The Secretary shall require an entity that receives amounts from the Fund to submit a report to the Secretary that details the specific use of the amounts. ``SEC. 2235. <<NOTE: 6 USC 677d.>> NOTIFICATION AND REPORTING. ``(a) Notification.--Upon a declaration or renewal, the Secretary shall immediately notify the National Cyber Director and appropriate congressional committees and include in the notification-- ``(1) <<NOTE: Estimate.>> an estimation of the planned duration of the declaration; [[Page 135 STAT. 1271]] ``(2) with respect to a notification of a declaration, the reason for the declaration, including information relating to the specific significant incident or imminent specific significant incident, including-- ``(A) the operational or mission impact or anticipated impact of the specific significant incident on Federal and non-Federal entities; ``(B) if known, the perpetrator of the specific significant incident; and ``(C) the scope of the Federal and non-Federal entities impacted or anticipated to be impacted by the specific significant incident; ``(3) with respect to a notification of a renewal, the reason for the renewal; ``(4) justification as to why available resources, other than the Fund, are insufficient to respond to or mitigate the specific significant incident; and ``(5) a description of the coordination activities described in section 2233(b) that the Secretary anticipates the Director to perform. ``(b) Report to Congress.--Not later than 180 days after the date of a declaration or renewal, the Secretary shall submit to the appropriate congressional committees a report that includes-- ``(1) the reason for the declaration or renewal, including information and intelligence relating to the specific significant incident that led to the declaration or renewal; ``(2) the use of any funds from the Fund for the purpose of responding to the incident or threat described in paragraph (1); ``(3) a description of the actions, initiatives, and projects undertaken by the Department and State and local governments and public and private entities in responding to and recovering from the specific significant incident described in paragraph (1); ``(4) an accounting of the specific obligations and outlays of the Fund; and ``(5) <<NOTE: Analysis.>> an analysis of-- ``(A) the impact of the specific significant incident described in paragraph (1) on Federal and non- Federal entities; ``(B) the impact of the declaration or renewal on the response to, and recovery from, the specific significant incident described in paragraph (1); and ``(C) the impact of the funds made available from the Fund as a result of the declaration or renewal on the recovery from, and response to, the specific significant incident described in paragraph (1). ``(c) Classification.--Each notification made under subsection (a) and each report submitted under subsection (b)-- ``(1) shall be in an unclassified form with appropriate markings to indicate information that is exempt from disclosure under section 552 of title 5, United States Code (commonly known as the `Freedom of Information Act'); and ``(2) <<NOTE: Classified information. Determination.>> may include a classified annex. ``(d) Consolidated Report.--The Secretary shall not be required to submit multiple reports under subsection (b) for multiple [[Page 135 STAT. 1272]] declarations or renewals if the Secretary determines that the declarations or renewals substantively relate to the same specific significant incident. ``(e) Exemption.--The requirements of subchapter I of chapter 35 of title 44 (commonly known as the `Paperwork Reduction Act') shall not apply to the voluntary collection of information by the Department during an investigation of, a response to, or an immediate post-response review of, the specific significant incident leading to a declaration or renewal. ``SEC. 2236. <<NOTE: 6 USC 677e.>> RULE OF CONSTRUCTION. ``Nothing in this subtitle shall be construed to impair or limit the ability of the Director to carry out the authorized activities of the Cybersecurity and Infrastructure Security Agency. ``SEC. 2237. <<NOTE: Time period. 6 USC 677f.>> AUTHORIZATION OF APPROPRIATIONS. ``There are authorized to be appropriated to the Fund $20,000,000 for fiscal year 2022 and each fiscal year thereafter until September 30, 2028, which shall remain available until September 30, 2028. ``SEC. 2238. <<NOTE: 6 USC 677g.>> SUNSET. ``The authorities granted to the Secretary or the Director under this subtitle shall expire on the date that is 7 years after the date of enactment of this subtitle.''. (b) Clerical Amendment.--The table of contents in section 1(b) of the Homeland Security Act of 2002 (Public Law 107-296; 116 Stat. 2135) is amended by adding at the end the following: ``Subtitle C--Declaration of a Significant Incident ``Sec. 2231. Sense of congress. ``Sec. 2232. Definitions. ``Sec. 2233. Declaration. ``Sec. 2234. Cyber response and recovery fund. ``Sec. 2235. Notification and reporting. ``Sec. 2236. Rule of construction. ``Sec. 2237. Authorization of appropriations. ``Sec. 2238. Sunset.''. Subtitle <<NOTE: State and Local Cybersecurity Improvement Act.>> B-- State and Local Cybersecurity Improvement Act SEC. 70611. <<NOTE: 6 USC 101 note.>> SHORT TITLE. This subtitle may be cited as the ``State and Local Cybersecurity Improvement Act''. SEC. 70612. STATE AND LOCAL CYBERSECURITY GRANT PROGRAM. (a) In General.--Subtitle A of title XXII of the Homeland Security Act of 2002 (6 U.S.C. 651 et seq.) is amended by adding at the end the following: ``SEC. 2218. <<NOTE: 6 USC 665g.>> STATE AND LOCAL CYBERSECURITY GRANT PROGRAM. ``(a) Definitions.--In this section: ``(1) Appropriate committees of congress.--The term `appropriate committees of Congress' means-- ``(A) the Committee on Homeland Security and Governmental Affairs of the Senate; and ``(B) the Committee on Homeland Security of the House of Representatives. [[Page 135 STAT. 1273]] ``(2) Cyber threat indicator.--The term `cyber threat indicator' has the meaning given the term in section 102 of the Cybersecurity Act of 2015 (6 U.S.C. 1501). ``(3) Cybersecurity plan.--The term `Cybersecurity Plan' means a plan submitted by an eligible entity under subsection (e)(1). ``(4) Eligible entity.--The term `eligible entity' means a-- ``(A) State; or ``(B) Tribal government. ``(5) Incident.--The term `incident' has the meaning given the term in section 2209. ``(6) Information sharing and analysis organization.--The term `information sharing and analysis organization' has the meaning given the term in section 2222. ``(7) Information system.--The term `information system' has the meaning given the term in section 102 of the Cybersecurity Act of 2015 (6 U.S.C. 1501). ``(8) Multi-entity group.--The term `multi-entity group' means a group of 2 or more eligible entities desiring a grant under this section. ``(9) Online service.--The term `online service' means any internet-facing service, including a website, email, virtual private network, or custom application. ``(10) Rural area.--The term `rural area' has the meaning given the term in section 5302 of title 49, United States Code. ``(11) State and local cybersecurity grant program.--The term `State and Local Cybersecurity Grant Program' means the program established under subsection (b). ``(12) Tribal government.--The term `Tribal government' means the recognized governing body of any Indian or Alaska Native Tribe, band, nation, pueblo, village, community, component band, or component reservation, that is individually identified (including parenthetically) in the most recent list published pursuant to Section 104 of the Federally Recognized Indian Tribe List Act of 1994 (25 U.S.C. 5131). ``(b) Establishment.-- ``(1) In general.--There is established within the Department a program to award grants to eligible entities to address cybersecurity risks and cybersecurity threats to information systems owned or operated by, or on behalf of, State, local, or Tribal governments. ``(2) Application.--An eligible entity desiring a grant under the State and Local Cybersecurity Grant Program shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. ``(c) Administration.--The State and Local Cybersecurity Grant Program shall be administered in the same office of the Department that administers grants made under sections 2003 and 2004. ``(d) Use of Funds.--An eligible entity that receives a grant under this section and a local government that receives funds from a grant under this section, as appropriate, shall use the grant to-- ``(1) implement the Cybersecurity Plan of the eligible entity; ``(2) develop or revise the Cybersecurity Plan of the eligible entity; [[Page 135 STAT. 1274]] ``(3) pay expenses directly relating to the administration of the grant, which shall not exceed 5 percent of the amount of the grant; ``(4) assist with activities that address imminent cybersecurity threats, as confirmed by the Secretary, acting through the Director, to the information systems owned or operated by, or on behalf of, the eligible entity or a local government within the jurisdiction of the eligible entity; or ``(5) fund any other appropriate activity determined by the Secretary, acting through the Director. ``(e) Cybersecurity Plans.-- ``(1) In general.--An eligible entity applying for a grant under this section shall submit to the Secretary a Cybersecurity Plan for review in accordance with subsection (i). ``(2) Required elements.--A Cybersecurity Plan of an eligible entity shall-- ``(A) incorporate, to the extent practicable-- ``(i) any existing plans of the eligible entity to protect against cybersecurity risks and cybersecurity threats to information systems owned or operated by, or on behalf of, State, local, or Tribal governments; and ``(ii) if the eligible entity is a State, consultation and feedback from local governments and associations of local governments within the jurisdiction of the eligible entity; ``(B) describe, to the extent practicable, how the eligible entity will-- ``(i) manage, monitor, and track information systems, applications, and user accounts owned or operated by, or on behalf of, the eligible entity or, if the eligible entity is a State, local governments within the jurisdiction of the eligible entity, and the information technology deployed on those information systems, including legacy information systems and information technology that are no longer supported by the manufacturer of the systems or technology; ``(ii) monitor, audit, and, track network traffic and activity transiting or traveling to or from information systems, applications, and user accounts owned or operated by, or on behalf of, the eligible entity or, if the eligible entity is a State, local governments within the jurisdiction of the eligible entity; ``(iii) enhance the preparation, response, and resiliency of information systems, applications, and user accounts owned or operated by, or on behalf of, the eligible entity or, if the eligible entity is a State, local governments within the jurisdiction of the eligible entity, against cybersecurity risks and cybersecurity threats; ``(iv) implement a process of continuous cybersecurity vulnerability assessments and threat mitigation practices prioritized by degree of risk to address cybersecurity risks and cybersecurity threats on information systems, applications, and user accounts owned or operated by, or on behalf of, the eligible entity or, [[Page 135 STAT. 1275]] if the eligible entity is a State, local governments within the jurisdiction of the eligible entity; ``(v) ensure that the eligible entity and, if the eligible entity is a State, local governments within the jurisdiction of the eligible entity, adopt and use best practices and methodologies to enhance cybersecurity, such as-- ``(I) the practices set forth in the cybersecurity framework developed by the National Institute of Standards and Technology; ``(II) cyber chain supply chain risk management best practices identified by the National Institute of Standards and Technology; and ``(III) knowledge bases of adversary tools and tactics; ``(vi) promote the delivery of safe, recognizable, and trustworthy online services by the eligible entity and, if the eligible entity is a State, local governments within the jurisdiction of the eligible entity, including through the use of the .gov internet domain; ``(vii) ensure continuity of operations of the eligible entity and, if the eligible entity is a State, local governments within the jurisdiction of the eligible entity, in the event of a cybersecurity incident, including by conducting exercises to practice responding to a cybersecurity incident; ``(viii) use the National Initiative for Cybersecurity Education Workforce Framework for Cybersecurity developed by the National Institute of Standards and Technology to identify and mitigate any gaps in the cybersecurity workforces of the eligible entity and, if the eligible entity is a State, local governments within the jurisdiction of the eligible entity, enhance recruitment and retention efforts for those workforces, and bolster the knowledge, skills, and abilities of personnel of the eligible entity and, if the eligible entity is a State, local governments within the jurisdiction of the eligible entity, to address cybersecurity risks and cybersecurity threats, such as through cybersecurity hygiene training; ``(ix) if the eligible entity is a State, ensure continuity of communications and data networks within the jurisdiction of the eligible entity between the eligible entity and local governments within the jurisdiction of the eligible entity in the event of an incident involving those communications or data networks; ``(x) assess and mitigate, to the greatest degree possible, cybersecurity risks and cybersecurity threats relating to critical infrastructure and key resources, the degradation of which may impact the performance of information systems within the jurisdiction of the eligible entity; ``(xi) enhance capabilities to share cyber threat indicators and related information between the eligible entity and-- ``(I) if the eligible entity is a State, local governments within the jurisdiction of the eligible [[Page 135 STAT. 1276]] entity, including by expanding information sharing agreements with the Department; and ``(II) the Department; ``(xii) leverage cybersecurity services offered by the Department; ``(xiii) implement an information technology and operational technology modernization cybersecurity review process that ensures alignment between information technology and operational technology cybersecurity objectives; ``(xiv) <<NOTE: Coordination. Strategies.>> develop and coordinate strategies to address cybersecurity risks and cybersecurity threats in consultation with-- ``(I) if the eligible entity is a State, local governments and associations of local governments within the jurisdiction of the eligible entity; and ``(II) as applicable-- ``(aa) eligible entities that neighbor the jurisdiction of the eligible entity or, as appropriate, members of an information sharing and analysis organization; and ``(bb) countries that neighbor the jurisdiction of the eligible entity; ``(xv) ensure adequate access to, and participation in, the services and programs described in this subparagraph by rural areas within the jurisdiction of the eligible entity; and ``(xvi) distribute funds, items, services, capabilities, or activities to local governments under subsection (n)(2)(A), including the fraction of that distribution the eligible entity plans to distribute to rural areas under subsection (n)(2)(B); ``(C) <<NOTE: Assessment.>> assess the capabilities of the eligible entity relating to the actions described in subparagraph (B); ``(D) describe, as appropriate and to the extent practicable, the individual responsibilities of the eligible entity and local governments within the jurisdiction of the eligible entity in implementing the plan; ``(E) <<NOTE: Timeline.>> outline, to the extent practicable, the necessary resources and a timeline for implementing the plan; and ``(F) describe the metrics the eligible entity will use to measure progress towards-- ``(i) implementing the plan; and ``(ii) reducing cybersecurity risks to, and identifying, responding to, and recovering from cybersecurity threats to, information systems owned or operated by, or on behalf of, the eligible entity or, if the eligible entity is a State, local governments within the jurisdiction of the eligible entity. ``(3) Discretionary elements.--In drafting a Cybersecurity Plan, an eligible entity may-- ``(A) <<NOTE: Consultation.>> consult with the Multi-State Information Sharing and Analysis Center; ``(B) include a description of cooperative programs developed by groups of local governments within the jurisdiction of the eligible entity to address cybersecurity risks and cybersecurity threats; and [[Page 135 STAT. 1277]] ``(C) include a description of programs provided by the eligible entity to support local governments and owners and operators of critical infrastructure to address cybersecurity risks and cybersecurity threats. ``(f) Multi-entity Grants.-- ``(1) In general.--The Secretary may award grants under this section to a multi-entity group to support multi-entity efforts to address cybersecurity risks and cybersecurity threats to information systems within the jurisdictions of the eligible entities that comprise the multi-entity group. ``(2) Satisfaction of other requirements.--In order to be eligible for a multi-entity grant under this subsection, each eligible entity that comprises a multi-entity group shall have-- ``(A) a Cybersecurity Plan that has been reviewed by the Secretary in accordance with subsection (i); and ``(B) a cybersecurity planning committee established in accordance with subsection (g). ``(3) Application.-- ``(A) In general.--A multi-entity group applying for a multi-entity grant under paragraph (1) shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. ``(B) Multi-entity project plan.--An application for a grant under this section of a multi-entity group under subparagraph (A) shall include a plan describing-- ``(i) the division of responsibilities among the eligible entities that comprise the multi- entity group; ``(ii) the distribution of funding from the grant among the eligible entities that comprise the multi-entity group; and ``(iii) how the eligible entities that comprise the multi-entity group will work together to implement the Cybersecurity Plan of each of those eligible entities. ``(g) Planning Committees.-- ``(1) In general.--An eligible entity that receives a grant under this section shall establish a cybersecurity planning committee to-- ``(A) assist with the development, implementation, and revision of the Cybersecurity Plan of the eligible entity; ``(B) approve the Cybersecurity Plan of the eligible entity; and ``(C) assist with the determination of effective funding priorities for a grant under this section in accordance with subsections (d) and (j). ``(2) Composition.--A committee of an eligible entity established under paragraph (1) shall-- ``(A) be comprised of representatives from-- ``(i) the eligible entity; ``(ii) if the eligible entity is a State, counties, cities, and towns within the jurisdiction of the eligible entity; and ``(iii) institutions of public education and health within the jurisdiction of the eligible entity; and ``(B) include, as appropriate, representatives of rural, suburban, and high-population jurisdictions. [[Page 135 STAT. 1278]] ``(3) Cybersecurity expertise.--Not less than one-half of the representatives of a committee established under paragraph (1) shall have professional experience relating to cybersecurity or information technology. ``(4) Rule of construction regarding existing planning committees.--Nothing in this subsection shall be construed to require an eligible entity to establish a cybersecurity planning committee if the eligible entity has established and uses a multijurisdictional planning committee or commission that-- ``(A) meets the requirements of this subsection; or ``(B) may be expanded or leveraged to meet the requirements of this subsection, including through the formation of a cybersecurity planning subcommittee. ``(5) Rule of construction regarding control of information systems of eligible entities.--Nothing in this subsection shall be construed to permit a cybersecurity planning committee of an eligible entity that meets the requirements of this subsection to make decisions relating to information systems owned or operated by, or on behalf of, the eligible entity. ``(h) <<NOTE: Consultation.>> Special Rule for Tribal Governments.--With respect to any requirement under subsection (e) or (g), the Secretary, in consultation with the Secretary of the Interior and Tribal governments, may prescribe an alternative substantively similar requirement for Tribal governments if the Secretary finds that the alternative requirement is necessary for the effective delivery and administration of grants to Tribal governments under this section. ``(i) Review of Plans.-- ``(1) Review as condition of grant.-- ``(A) In general.--Subject to paragraph (3), before an eligible entity may receive a grant under this section, the Secretary, acting through the Director, shall-- ``(i) <<NOTE: Review.>> review the Cybersecurity Plan of the eligible entity, including any revised Cybersecurity Plans of the eligible entity; and ``(ii) <<NOTE: Determination.>> determine that the Cybersecurity Plan reviewed under clause (i) satisfies the requirements under paragraph (2). ``(B) <<NOTE: Effective date.>> Duration of determination.--In the case of a determination under subparagraph (A)(ii) that a Cybersecurity Plan satisfies the requirements under paragraph (2), the determination shall be effective for the 2-year period beginning on the date of the determination. ``(C) <<NOTE: Deadline. Determinations.>> Annual renewal.--Not later than 2 years after the date on which the Secretary determines under subparagraph (A)(ii) that a Cybersecurity Plan satisfies the requirements under paragraph (2), and annually thereafter, the Secretary, acting through the Director, shall-- ``(i) determine whether the Cybersecurity Plan and any revisions continue to meet the criteria described in paragraph (2); and ``(ii) renew the determination if the Secretary, acting through the Director, makes a positive determination under clause (i). ``(2) Plan requirements.--In reviewing a Cybersecurity Plan of an eligible entity under this subsection, the Secretary, [[Page 135 STAT. 1279]] acting through the Director, shall ensure that the Cybersecurity Plan-- ``(A) satisfies the requirements of subsection (e)(2); and ``(B) has been approved by-- ``(i) the cybersecurity planning committee of the eligible entity established under subsection (g); and ``(ii) the Chief Information Officer, the Chief Information Security Officer, or an equivalent official of the eligible entity. ``(3) <<NOTE: Deadline. Review. Certification.>> Exception.--Notwithstanding subsection (e) and paragraph (1) of this subsection, the Secretary may award a grant under this section to an eligible entity that does not submit a Cybersecurity Plan to the Secretary for review before September 30, 2023, if the eligible entity certifies to the Secretary that-- ``(A) the activities that will be supported by the grant are-- ``(i) integral to the development of the Cybersecurity Plan of the eligible entity; or ``(ii) necessary to assist with activities described in subsection (d)(4), as confirmed by the Director; and ``(B) the eligible entity will submit to the Secretary a Cybersecurity Plan for review under this subsection by September 30, 2023. ``(4) Rule of construction.--Nothing in this subsection shall be construed to provide authority to the Secretary to-- ``(A) regulate the manner by which an eligible entity or local government improves the cybersecurity of the information systems owned or operated by, or on behalf of, the eligible entity or local government; or ``(B) condition the receipt of grants under this section on-- ``(i) participation in a particular Federal program; or ``(ii) the use of a specific product or technology. ``(j) Limitations on Uses of Funds.-- ``(1) In general.--Any entity that receives funds from a grant under this section may not use the grant-- ``(A) to supplant State or local funds; ``(B) for any recipient cost-sharing contribution; ``(C) to pay a ransom; ``(D) for recreational or social purposes; or ``(E) for any purpose that does not address cybersecurity risks or cybersecurity threats on information systems owned or operated by, or on behalf of, the eligible entity that receives the grant or a local government within the jurisdiction of the eligible entity. ``(2) Compliance oversight.--In addition to any other remedy available, the Secretary may take such actions as are necessary to ensure that a recipient of a grant under this section uses the grant for the purposes for which the grant is awarded. ``(3) Rule of construction.--Nothing in paragraph (1)(A) shall be construed to prohibit the use of funds from a grant under this section awarded to a State, local, or Tribal government for otherwise permissible uses under this section on the basis that the State, local, or Tribal government has previously [[Page 135 STAT. 1280]] used State, local, or Tribal funds to support the same or similar uses. ``(k) Opportunity to Amend Applications.--In considering applications for grants under this section, the Secretary shall provide applicants with a reasonable opportunity to correct any defects in those applications before making final awards, including by allowing applicants to revise a submitted Cybersecurity Plan. ``(l) Apportionment.--For fiscal year 2022 and each fiscal year thereafter, the Secretary shall apportion amounts appropriated to carry out this section among eligible entities as follows: ``(1) Baseline amount.--The Secretary shall first apportion-- ``(A) 0.25 percent of such amounts to each of American Samoa, the Commonwealth of the Northern Mariana Islands, Guam, and the United States Virgin Islands; ``(B) 1 percent of such amounts to each of the remaining States; and ``(C) 3 percent of such amounts to Tribal governments. ``(2) Remainder.--The Secretary shall apportion the remainder of such amounts to States as follows: ``(A) 50 percent of such remainder in the ratio that the population of each State, bears to the population of all States; and ``(B) 50 percent of such remainder in the ratio that the population of each State that resides in rural areas, bears to the population of all States that resides in rural areas. ``(3) Apportionment among tribal governments.--In determining how to apportion amounts to Tribal governments under paragraph (1)(C), the Secretary shall consult with the Secretary of the Interior and Tribal governments. ``(4) Multi-entity grants.--An amount received from a multi- entity grant awarded under subsection (f)(1) by a State or Tribal government that is a member of the multi-entity group shall qualify as an apportionment for the purpose of this subsection. ``(m) Federal Share.-- ``(1) In general.--The Federal share of the cost of an activity carried out using funds made available with a grant under this section may not exceed-- ``(A) in the case of a grant to an eligible entity-- ``(i) for fiscal year 2022, 90 percent; ``(ii) for fiscal year 2023, 80 percent; ``(iii) for fiscal year 2024, 70 percent; and ``(iv) for fiscal year 2025, 60 percent; and ``(B) in the case of a grant to a multi-entity group-- ``(i) for fiscal year 2022, 100 percent; ``(ii) for fiscal year 2023, 90 percent; ``(iii) for fiscal year 2024, 80 percent; and ``(iv) for fiscal year 2025, 70 percent. ``(2) Waiver.-- ``(A) In general.--The Secretary may waive or modify the requirements of paragraph (1) if an eligible entity or multi-entity group demonstrates economic hardship. ``(B) <<NOTE: Publication. Determination.>> Guidelines.--The Secretary shall establish and publish guidelines for determining what constitutes economic hardship for the purposes of this subsection. [[Page 135 STAT. 1281]] ``(C) Considerations.--In developing guidelines under subparagraph (B), the Secretary shall consider, with respect to the jurisdiction of an eligible entity-- ``(i) changes in rates of unemployment in the jurisdiction from previous years; ``(ii) changes in the percentage of individuals who are eligible to receive benefits under the supplemental nutrition assistance program established under the Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.) from previous years; and ``(iii) any other factors the Secretary considers appropriate. ``(3) <<NOTE: Consultation. Determination.>> Waiver for tribal governments.--Notwithstanding paragraph (2), the Secretary, in consultation with the Secretary of the Interior and Tribal governments, may waive or modify the requirements of paragraph (1) for 1 or more Tribal governments if the Secretary determines that the waiver is in the public interest. ``(n) Responsibilities of Grantees.-- ``(1) Certification.--Each eligible entity or multi-entity group that receives a grant under this section shall certify to the Secretary that the grant will be used-- ``(A) for the purpose for which the grant is awarded; and ``(B) in compliance with subsections (d) and (j). ``(2) Availability of funds to local governments and rural areas.-- ``(A) <<NOTE: Deadline.>> In general.--Subject to subparagraph (C), not later than 45 days after the date on which an eligible entity or multi-entity group receives a grant under this section, the eligible entity or multi-entity group shall, without imposing unreasonable or unduly burdensome requirements as a condition of receipt, obligate or otherwise make available to local governments within the jurisdiction of the eligible entity or the eligible entities that comprise the multi-entity group, consistent with the Cybersecurity Plan of the eligible entity or the Cybersecurity Plans of the eligible entities that comprise the multi-entity group-- ``(i) not less than 80 percent of funds available under the grant; ``(ii) with the consent of the local governments, items, services, capabilities, or activities having a value of not less than 80 percent of the amount of the grant; or ``(iii) with the consent of the local governments, grant funds combined with other items, services, capabilities, or activities having the total value of not less than 80 percent of the amount of the grant. ``(B) Availability to rural areas.--In obligating funds, items, services, capabilities, or activities to local governments under subparagraph (A), the eligible entity or eligible entities that comprise the multi- entity group shall ensure that rural areas within the jurisdiction of the eligible entity or the eligible entities that comprise the multi-entity group receive not less than-- ``(i) 25 percent of the amount of the grant awarded to the eligible entity; [[Page 135 STAT. 1282]] ``(ii) items, services, capabilities, or activities having a value of not less than 25 percent of the amount of the grant awarded to the eligible entity; or ``(iii) grant funds combined with other items, services, capabilities, or activities having the total value of not less than 25 percent of the grant awarded to the eligible entity. ``(C) Exceptions.--This paragraph shall not apply to-- ``(i) any grant awarded under this section that solely supports activities that are integral to the development or revision of the Cybersecurity Plan of the eligible entity; or ``(ii) the District of Columbia, the Commonwealth of Puerto Rico, American Samoa, the Commonwealth of the Northern Mariana Islands, Guam, the United States Virgin Islands, or a Tribal government. ``(3) Certifications regarding distribution of grant funds to local governments.--An eligible entity or multi-entity group shall certify to the Secretary that the eligible entity or multi-entity group has made the distribution to local governments required under paragraph (2). ``(4) Extension of period.-- ``(A) In general.--An eligible entity or multi- entity group may request in writing that the Secretary extend the period of time specified in paragraph (2) for an additional period of time. ``(B) <<NOTE: Determination.>> Approval.--The Secretary may approve a request for an extension under subparagraph (A) if the Secretary determines the extension is necessary to ensure that the obligation and expenditure of grant funds align with the purpose of the State and Local Cybersecurity Grant Program. ``(5) Direct funding.--If an eligible entity does not make a distribution to a local government required under paragraph (2) in a timely fashion, the local government may petition the Secretary to request the Secretary to provide funds directly to the local government. ``(6) Limitation on construction.--A grant awarded under this section may not be used to acquire land or to construct, remodel, or perform alterations of buildings or other physical facilities. ``(7) Consultation in allocating funds.--An eligible entity applying for a grant under this section shall agree to consult the Chief Information Officer, the Chief Information Security Officer, or an equivalent official of the eligible entity in allocating funds from a grant awarded under this section. ``(8) Penalties.--In addition to other remedies available to the Secretary, if an eligible entity violates a requirement of this subsection, the Secretary may-- ``(A) terminate or reduce the amount of a grant awarded under this section to the eligible entity; or ``(B) distribute grant funds previously awarded to the eligible entity-- ``(i) <<NOTE: Determination.>> in the case of an eligible entity that is a State, directly to the appropriate local government as a [[Page 135 STAT. 1283]] replacement grant in an amount determined by the Secretary; or ``(ii) in the case of an eligible entity that is a Tribal government, to another Tribal government or Tribal governments as a replacement grant in an amount determined by the Secretary. ``(o) Consultation With State, Local, and Tribal Representatives.-- In carrying out this section, the Secretary shall consult with State, local, and Tribal representatives with professional experience relating to cybersecurity, including representatives of associations representing State, local, and Tribal governments, to inform-- ``(1) guidance for applicants for grants under this section, including guidance for Cybersecurity Plans; ``(2) the study of risk-based formulas required under subsection (q)(4); ``(3) the development of guidelines required under subsection (m)(2)(B); and ``(4) any modifications described in subsection (q)(2)(D). ``(p) <<NOTE: Deadline.>> Notification to Congress.--Not later than 3 business days before the date on which the Department announces the award of a grant to an eligible entity under this section, including an announcement to the eligible entity, the Secretary shall provide to the appropriate committees of Congress notice of the announcement. ``(q) Reports, Study, and Review.-- ``(1) Annual reports by grant recipients.-- ``(A) In general.--Not later than 1 year after the date on which an eligible entity receives a grant under this section for the purpose of implementing the Cybersecurity Plan of the eligible entity, including an eligible entity that comprises a multi-entity group that receives a grant for that purpose, and annually thereafter until 1 year after the date on which funds from the grant are expended or returned, the eligible entity shall submit to the Secretary a report that, using the metrics described in the Cybersecurity Plan of the eligible entity, describes the progress of the eligible entity in-- ``(i) implementing the Cybersecurity Plan of the eligible entity; and ``(ii) reducing cybersecurity risks to, and identifying, responding to, and recovering from cybersecurity threats to, information systems owned or operated by, or on behalf of, the eligible entity or, if the eligible entity is a State, local governments within the jurisdiction of the eligible entity. ``(B) Absence of plan.--Not later than 1 year after the date on which an eligible entity that does not have a Cybersecurity Plan receives funds under this section, and annually thereafter until 1 year after the date on which funds from the grant are expended or returned, the eligible entity shall submit to the Secretary a report describing how the eligible entity obligated and expended grant funds to-- ``(i) develop or revise a Cybersecurity Plan; or ``(ii) assist with the activities described in subsection (d)(4). [[Page 135 STAT. 1284]] ``(2) Annual reports to congress.--Not less frequently than annually, the Secretary, acting through the Director, shall submit to Congress a report on-- ``(A) the use of grants awarded under this section; ``(B) the proportion of grants used to support cybersecurity in rural areas; ``(C) the effectiveness of the State and Local Cybersecurity Grant Program; ``(D) any necessary modifications to the State and Local Cybersecurity Grant Program; and ``(E) any progress made toward-- ``(i) developing, implementing, or revising Cybersecurity Plans; and ``(ii) reducing cybersecurity risks to, and identifying, responding to, and recovering from cybersecurity threats to, information systems owned or operated by, or on behalf of, State, local, or Tribal governments as a result of the award of grants under this section. ``(3) Public availability.-- ``(A) <<NOTE: Web posting.>> In general.--The Secretary, acting through the Director, shall make each report submitted under paragraph (2) publicly available, including by making each report available on the website of the Agency. ``(B) <<NOTE: Consultation. Determination.>> Redactions.--In making each report publicly available under subparagraph (A), the Director may make redactions that the Director, in consultation with each eligible entity, determines necessary to protect classified or other information exempt from disclosure under section 552 of title 5, United States Code (commonly referred to as the `Freedom of Information Act'). ``(4) Study of risk-based formulas.-- ``(A) <<NOTE: Deadline. Recommenda- tions.>> In general.--Not later than September 30, 2024, the Secretary, acting through the Director, shall submit to the appropriate committees of Congress a study and legislative recommendations on the potential use of a risk-based formula for apportioning funds under this section, including-- ``(i) potential components that could be included in a risk-based formula, including the potential impact of those components on support for rural areas under this section; ``(ii) potential sources of data and information necessary for the implementation of a risk-based formula; ``(iii) any obstacles to implementing a risk- based formula, including obstacles that require a legislative solution; ``(iv) if a risk-based formula were to be implemented for fiscal year 2026, a recommended risk-based formula for the State and Local Cybersecurity Grant Program; and ``(v) <<NOTE: Determination.>> any other information that the Secretary, acting through the Director, determines necessary to help Congress understand the progress towards, and obstacles to, implementing a risk-based formula. ``(B) Inapplicability of paperwork reduction act.-- The requirements of chapter 35 of title 44, United States Code (commonly referred to as the `Paperwork Reduction [[Page 135 STAT. 1285]] Act'), shall not apply to any action taken to carry out this paragraph. ``(5) Tribal cybersecurity needs report.--Not later than 2 years after the date of enactment of this section, the Secretary, acting through the Director, shall submit to Congress a report that-- ``(A) <<NOTE: Determination. Consultation.>> describes the cybersecurity needs of Tribal governments, which shall be determined in consultation with the Secretary of the Interior and Tribal governments; and ``(B) <<NOTE: Recommenda- tions.>> includes any recommendations for addressing the cybersecurity needs of Tribal governments, including any necessary modifications to the State and Local Cybersecurity Grant Program to better serve Tribal governments. ``(6) <<NOTE: Deadline.>> GAO review.--Not later than 3 years after the date of enactment of this section, the Comptroller General of the United States shall conduct a review of the State and Local Cybersecurity Grant Program, including-- ``(A) the grant selection process of the Secretary; and ``(B) a sample of grants awarded under this section. ``(r) Authorization of Appropriations.-- ``(1) In general.--There are authorized to be appropriated for activities under this section-- ``(A) for fiscal year 2022, $200,000,000; ``(B) for fiscal year 2023, $400,000,000; ``(C) for fiscal year 2024, $300,000,000; and ``(D) for fiscal year 2025, $100,000,000. ``(2) Transfers authorized.-- ``(A) In general.--During a fiscal year, the Secretary or the head of any component of the Department that administers the State and Local Cybersecurity Grant Program may transfer not more than 5 percent of the amounts appropriated pursuant to paragraph (1) or other amounts appropriated to carry out the State and Local Cybersecurity Grant Program for that fiscal year to an account of the Department for salaries, expenses, and other administrative costs incurred for the management, administration, or evaluation of this section. ``(B) Additional appropriations.--Any funds transferred under subparagraph (A) shall be in addition to any funds appropriated to the Department or the components described in subparagraph (A) for salaries, expenses, and other administrative costs. ``(s) Termination.-- ``(1) In general.--Subject to paragraph (2), the requirements of this section shall terminate on September 30, 2025. ``(2) Exception.--The reporting requirements under subsection (q) shall terminate on the date that is 1 year after the date on which the final funds from a grant under this section are expended or returned.''. (b) Clerical Amendment.--The table of contents in section 1(b) of the Homeland Security Act of 2002 (Public Law 107-296; 116 Stat. 2135), is amended by inserting after the item relating to section 2217 the following: ``Sec. 2218. State and Local Cybersecurity Grant Program.''. [[Page 135 STAT. 1286]] TITLE VII--PUBLIC-PRIVATE PARTNERSHIPS SEC. 70701. <<NOTE: 23 USC 601 note.>> VALUE FOR MONEY ANALYSIS. (a) <<NOTE: Evaluation.>> In General.--Notwithstanding any other provision of law, in the case of a project described in subsection (b), the entity carrying out the project shall, during the planning and project development process and prior to signing any Project Development Agreement, conduct a value for money analysis or comparable analysis of the project, which shall include an evaluation of-- (1) the life-cycle cost and project delivery schedule; (2) the costs of using public funding versus private financing for the project; (3) a description of the key assumptions made in developing the analysis, including-- (A) an analysis of any Federal grants or loans and subsidies received or expected (including tax depreciation costs); (B) the key terms of the proposed public-private partnership agreement, if applicable (including the expected rate of return for private debt and equity), and major compensation events; (C) a discussion of the benefits and costs associated with the allocation of risk; (D) <<NOTE: Determination.>> the determination of risk premiums assigned to various project delivery scenarios; (E) assumptions about use, demand, and any user fee revenue generated by the project; and (F) any externality benefits for the public generated by the project; (4) a forecast of user fees and other revenues expected to be generated by the project, if applicable; and (5) <<NOTE: Determination.>> any other information the Secretary of Transportation determines to be appropriate. (b) Project Described.--A project referred to in subsection (a) is a transportation project-- (1) with an estimated total cost of more than $750,000,000; (2) carried out-- (A) by a public entity that is a State, territory, Indian Tribe, unit of local government, transit agency, port authority, metropolitan planning organization, airport authority, or other political subdivision of a State or local government; and (B) in a State in which there is in effect a State law authorizing the use and implementation of public- private partnerships for transportation projects; and (3)(A) that intends to submit a letter of interest, or has submitted a letter of interest after the date of enactment of this Act, to be carried out with-- (i) assistance under the TIFIA program under chapter 6 of title 23, United States Code; or (ii) assistance under the Railroad Rehabilitation and Improvement Financing Program of the Federal Railroad Administration established under chapter 224 of title 49, United States Code; and [[Page 135 STAT. 1287]] (B) that is anticipated to generate user fees or other revenues that could support the capital and operating costs of such project. (c) Reporting Requirements.-- (1) Project reports.--For each project described in subsection (b), the entity carrying out the project shall-- (A) <<NOTE: Web posting.>> 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) <<NOTE: Coordination.>> Report to congress.--The Secretary of Transportation, in coordination with the Build America Bureau, shall, not later than 2 years after the date of enactment of this Act-- (A) compile the analyses submitted under paragraph (1)(B); and (B) submit to Congress a report that-- (i) includes the analyses submitted under paragraph (1)(B); (ii) describes-- (I) the use of private financing for projects described in subsection (b); and (II) the costs and benefits of conducting a value for money analysis; and (iii) identifies best practices for private financing of projects described in subsection (b). (d) <<NOTE: Coordination.>> Guidance.--The Secretary of Transportation, in coordination with the Build America Bureau, shall issue guidance on performance benchmarks, risk premiums, and expected rates of return on private financing for projects described in subsection (b). TITLE VIII--FEDERAL PERMITTING IMPROVEMENT SEC. 70801. FEDERAL PERMITTING IMPROVEMENT. (a) Definitions.--Section 41001 of the FAST Act (42 U.S.C. 4370m) is amended-- (1) in paragraph (3), by inserting ``and any interagency consultation'' after ``issued by an agency''; (2) in paragraph (4), by striking ``means'' and all that follows through the period at the end of subparagraph (B) and inserting ``has the meaning given the term in section 1508.1 of title 40, Code of Federal Regulations (or successor regulations).''; (3) in paragraph (5), by striking ``Federal Infrastructure Permitting Improvement Steering Council'' and inserting ``Federal Permitting Improvement Steering Council''; (4) in paragraph (6)(A)-- (A) in clause (ii), by striking ``or'' at the end; (B) by redesignating clause (iii) as clause (iv); and (C) by inserting after clause (ii) the following: ``(iii) is-- ``(I) subject to NEPA; ``(II) sponsored by an Indian Tribe (as defined in section 4 of the Indian Self-Determination and [[Page 135 STAT. 1288]] Education Assistance Act (25 U.S.C. 5304)), an Alaska Native Corporation, a Native Hawaiian organization (as defined in section 6207 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7517)), the Department of Hawaiian Home Lands, or the Office of Hawaiian Affairs; and ``(III) located on land owned or under the jurisdiction of the entity that sponsors the activity under subclause (II); or''; and (5) in paragraph (8), by striking ``means'' and all that follows through the period at the end and inserting ``has the meaning given the term in section 1508.1 of title 40, Code of Federal Regulations (or successor regulations).''. (b) Federal Permitting Improvement Steering Council.--Section 41002 of the FAST Act (42 U.S.C. 4370m-1) is amended-- (1) in the section heading, by striking ``federal permitting improvement council'' and inserting ``federal permitting improvement steering council''; (2) in subsection (b)(2)(A)-- (A) in clause (i)-- (i) by striking ``Each'' and inserting the following: ``(I) In general.--Each''; and (ii) by adding at the end the following: ``(II) <<NOTE: Notification. Deadline.>> Redesignation.--If an individual listed in subparagraph (B) designates a different member to serve on the Council than the member designated under subclause (I), the individual shall notify the Executive Director of the designation by not later than 30 days after the date on which the designation is made.''; and (B) in clause (iii)(II), by striking ``a deputy secretary (or the equivalent) or higher'' and inserting ``the applicable agency councilmember''; (3) <<NOTE: Performance schedules.>> in subsection (c)-- (A) in paragraph (1)(C)(ii)-- (i) by striking subclause (I) and inserting the following: ``(I) In general.--The performance schedules shall reflect employment of the most sound and efficient applicable processes, including the alignment of Federal reviews of projects, reduction of permitting and project delivery time, and consideration of the best practices for public participation.''; (ii) by redesignating subclause (II) as subclause (III); (iii) by inserting after subclause (I) the following: ``(II) <<NOTE: Consultations. Time period.>> Goal.-- ``(aa) In general.--To the maximum extent practicable, and consistent with applicable Federal law, the Executive Director, in consultation with the Council, shall aim to develop recommended performance schedules under clause (i) of not more than 2 years. ``(bb) Exception.--If a recommended performance schedule developed under clause (i) exceeds 2 years, the relevant agencies, in [[Page 135 STAT. 1289]] consultation with the Executive Director and the Council, shall explain in that recommended performance schedule the factors that cause the environmental reviews and authorizations in that category of covered projects to take longer than 2 years.''; and (iv) in subclause (III)(bb) (as so redesignated), by striking ``on the basis of data from the preceding 2 calendar years'' and inserting ``based on relevant historical data, as determined by the Executive Director,''; (B) in paragraph (2)(B)-- (i) in the matter preceding clause (i), by striking ``later than'' and all that follows through ``practices for'' and inserting ``less frequently than annually, the Council shall issue recommendations on the best practices for improving the Federal permitting process for covered projects, which may include''; (ii) in clause (i)-- (I) by striking ``stakeholder engagement, including fully considering'' and inserting ``stakeholder engagement, including-- ``(II) fully considering''; and (II) by inserting before subclause (II) (as added by subclause (I)) the following: ``(I) engaging with Native American stakeholders to ensure that project sponsors and agencies identify potential natural, archeological, and cultural resources and locations of historic and religious significance in the area of a covered project; and''; (iii) in clause (vii), by striking ``and'' at the end; (iv) by redesignating clause (viii) as clause (x); and (v) by inserting after clause (vii) the following: ``(viii) in coordination with the Executive Director, improving preliminary engagement with project sponsors in developing coordinated project plans; ``(ix) using programmatic assessments, templates, and other tools based on the best available science and data; and''; and (C) in paragraph (3)(A), by inserting ``, including agency compliance with intermediate and final completion dates described in coordinated project plans'' after ``authorizations''; and (4) by striking subsection (d). (c) Permitting Process Improvement.--Section 41003 of the FAST Act (42 U.S.C. 4370m-2) is amended-- (1) in subsection (a)-- (A) in paragraph (1), by adding at the end the following: ``(D) Confidentiality.--Any information relating to Native American natural, cultural, and historical resources submitted in a notice by a project sponsor under subparagraph (A) shall be-- ``(i) kept confidential; and [[Page 135 STAT. 1290]] ``(ii) exempt from the disclosure requirements under section 552 of title 5, United States Code (commonly known as the `Freedom of Information Act'), and the Federal Advisory Committee Act (5 U.S.C. App.).''; (B) in paragraph (2)-- (i) in subparagraph (A), in the matter preceding clause (i), by striking ``45 days'' and inserting ``21 calendar days''; and (ii) in subparagraph (B), by inserting ``14 calendar day'' before ``deadline''; and (C) in paragraph (3)(A), in the matter preceding clause (i), by inserting ``and the Executive Director'' after ``as applicable,''; (2) in subsection (b)-- (A) in paragraph (2)(A), by adding at the end the following: ``(iii) Projects other than covered projects.-- ``(I) <<NOTE: Determination.>> In general.--The Executive Director may direct a lead agency to create a specific entry on the Dashboard for a project that is not a covered project and is under review by the lead agency if the Executive Director determines that a Dashboard entry for that project is in the interest of transparency. ``(II) <<NOTE: Deadline.>> Requirements.--Not later than 14 days after the date on which the Executive Director directs the lead agency to create a specific entry on the Dashboard for a project described in subclause (I), the lead agency shall create and maintain a specific entry on the Dashboard for the project that contains-- ``(aa) a comprehensive permitting timetable, as described in subsection (c)(2)(A); ``(bb) the status of the compliance of each lead agency, cooperating agency, and participating agency with the permitting timetable required under item (aa); ``(cc) any modifications of the permitting timetable required under item (aa), including an explanation as to why the permitting timetable was modified; and ``(dd) information about project-related public meetings, public hearings, and public comment periods, which shall be presented in English and the predominant language of the community or communities most affected by the project, as that information becomes available.''; and (B) in paragraph (3)(A)-- (i) in clause (i)-- (I) in subclause (IV), by striking ``and'' at the end; (II) by redesignating subclause (V) as subclause (VI); (III) by inserting after subclause (IV) the following: [[Page 135 STAT. 1291]] ``(V) information on the status of mitigation measures that were agreed to as part of the environmental review and permitting process, including whether and when the mitigation measures have been fully implemented; and''; and (IV) in subclause (VI) (as so redesignated), by striking ``and'' at the end; (ii) in clause (ii), by striking the period at the end and inserting ``; and''; and (iii) by adding at the end the following: ``(iii) information about project-related public meetings, public hearings, and public comment periods, which shall be presented in English and the predominant language of the community or communities most affected by the project, as that information becomes available.''; and (3) in subsection (c)(2)-- (A) in subparagraph (A), strike ``coordination'' and insert ``coordinated''; (B) in subparagraph (D)(i)-- (i) by redesignating subclauses (I) through (III) as subclauses (II) through (IV), respectively; (ii) by inserting before subclause (II) (as so redesignated) the following: ``(I) the facilitating or lead agency, as applicable, consults with the Executive Director regarding the potential modification not less than 15 days before engaging in the consultation under subclause (II);''; and (iii) in subclause (II) (as so redesignated), by inserting ``, the Executive Director,'' after ``participating agencies''; and (C) in subparagraph (F)-- (i) in clause (i)-- (I) by inserting ``intermediate and final'' before ``completion dates''; and (II) by inserting ``intermediate or final'' before ``completion date''; and (ii) in clause (ii)-- (I) in the matter preceding subclause (I), by striking ``a completion date for agency action on a covered project or is at significant risk of failing to conform with'' and inserting ``an intermediate or final completion date for agency action on a covered project or reasonably believes the agency will fail to conform with a completion date 30 days before''; and (II) in subclause (I), by striking ``significantly risking failing to conform'' and inserting ``reasonably believing the agency will fail to conform''. (d) Coordination of Required Reviews.--Section 41005 of the FAST Act (42 U.S.C. 4370m-4) is amended-- (1) in subsection (a)-- (A) in paragraph (1), by striking ``and'' at the end; (B) in paragraph (2), by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following: [[Page 135 STAT. 1292]] ``(3) where an environmental impact statement is required for a project, prepare a single, joint interagency environmental impact statement for the project unless the lead agency provides justification in the coordinated project plan that multiple environmental documents are more efficient for project review and authorization.''; (2) in subsection (b)-- (A) by striking ``(1) State environmental documents; supplemental documents.--''; (B) by redesignating subparagraphs (A) through (E) as paragraphs (1) through (5), respectively, and indenting appropriately; (C) in paragraph (1) (as so redesignated)-- (i) by redesignating clauses (i) and (ii) as subparagraphs (A) and (B), respectively, and indenting appropriately; and (ii) in subparagraph (A) (as so redesignated)-- (I) by striking ``State laws and procedures'' and inserting ``the laws and procedures of a State or Indian Tribe (as defined in section 102 of the Federally Recognized Indian Tribe List Act of 1994 (25 U.S.C. 5130))''; and (II) by inserting ``developed pursuant to laws and procedures of that State or Indian Tribe (as so defined) that are of equal or greater rigor to each applicable Federal law and procedure, and'' after ``Council on Environmental Quality,''; (D) in paragraph (2) (as so redesignated), by striking ``subparagraph (A)'' each place it appears and inserting ``paragraph (1)''; (E) in paragraph (3) (as so redesignated)-- (i) in the matter preceding clause (i), by striking ``subparagraph (A)'' and inserting ``paragraph (1)''; and (ii) by redesignating clauses (i) and (ii) as subparagraphs (A) and (B), respectively, and indenting appropriately; (F) in paragraph (4) (as so redesignated)-- (i) in the matter preceding clause (i), by striking ``subparagraph (C)'' and inserting ``paragraph (3)''; and (ii) by redesignating clauses (i) and (ii) as subparagraphs (A) and (B), respectively, and indenting appropriately; and (G) in paragraph (5) (as so redesignated)-- (i) by striking ``subparagraph (A)'' and inserting ``paragraph (1)''; and (ii) by striking ``subparagraph (C)'' and inserting ``paragraph (3)''; (3) in subsection (c)(4)-- (A) in the matter preceding subparagraph (A), by striking ``determines that the development of the higher level of detail will not prevent--'' and inserting ``determines that--''; (B) in subparagraph (A), by inserting ``the development of the higher level of detail will not prevent'' before ``the lead agency''; and (C) by striking subparagraph (B) and inserting the following: [[Page 135 STAT. 1293]] ``(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) <<NOTE: Deadline.>> Record of Decision.--When an environmental impact statement is prepared, Federal agencies must, to the maximum extent practicable, issue a record of decision not later than 90 days after the date on which the final environmental impact statement is issued.''. (e) Litigation, Judicial Review, and Savings Provision.--Section 41007 of the FAST Act (42 U.S.C. 4370m-6) is amended-- (1) in subsection (a)(1)-- (A) in subparagraph (A)-- (i) by striking ``the action'' and inserting ``the claim''; and (ii) by striking ``of the final record of decision or approval or denial of a permit'' and inserting ``of notice of final agency action on the authorization''; and (B) in subparagraph (B)(i), by striking ``the action'' and inserting ``the claim''; and (2) in subsection (e), in the matter preceding paragraph (1), by striking ``this section'' and inserting ``this title''. (f) Reports.--Section 41008 of the FAST Act (42 U.S.C. 4370m-7) is amended by striking subsection (a) and inserting the following: ``(a) Reports to Congress.-- ``(1) Executive director annual report.-- ``(A) <<NOTE: Effective date.>> In general.--Not later than April 15 of each year for 10 years beginning on the date of enactment of the Infrastructure Investment and Jobs Act, the Executive Director shall submit to Congress a report detailing the progress accomplished under this title during the previous fiscal year. ``(B) Opportunity to include comments.--Each councilmember, with input from the respective agency CERPO, shall have the opportunity to include comments concerning the performance of the agency in the report described in subparagraph (A). ``(2) Quarterly agency performance report.--The Executive Director shall submit to Congress a quarterly report evaluating agency compliance with the provisions of this title, which shall include a description of the implementation and adherence of each agency to the coordinated project plan and permitting timetable requirements under section 41003(c). ``(3) <<NOTE: Assessment.>> Agency best practices report.-- Not later than April 15 of each year, each participating agency and lead agency shall submit to Congress and the Director of the Office of Management and Budget a report assessing the performance of the agency in implementing the best practices described in section 41002(c)(2)(B).''. (g) Funding for Governance, Oversight, and Processing of Environmental Reviews and Permits.--Section 41009 of the FAST Act (42 U.S.C. 4370m-8) is amended-- (1) by striking subsection (a) and inserting the following: ``(a) <<NOTE: Consultation. Regulations. Reimbursement.>> 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 [[Page 135 STAT. 1294]] Director of the Office of Management and Budget, may, after public notice and opportunity for comment, issue regulations establishing a fee structure for sponsors of covered projects to reimburse the United States for reasonable costs incurred in conducting environmental reviews and authorizations for covered projects.''; (2) in subsection (b), by striking ``and 41003'' and inserting ``through 41008''; and (3) in subsection (d)-- (A) in the subsection heading, by striking ``and Permitting''; and (B) by striking paragraphs (2) and (3) and inserting the following: ``(2) Availability.--Amounts in the Fund shall be available to the Executive Director, without fiscal year limitation, solely for the purposes of administering, implementing, and enforcing this title, including the expenses of the Council, staffing of the Office of the Executive Director, and support of the role of the Council as a Federal center for permitting excellence, which may include supporting interagency detailee and rotation opportunities, advanced training, enhanced support for agency project managers, and fora for sharing information and lessons learned. ``(3) Transfer.--For the purpose of carrying out this title, the Executive Director, with the approval of the Director of the Office of Management and Budget, may transfer amounts in the Fund to other Federal agencies and State, Tribal, and local governments to facilitate timely and efficient environmental reviews and authorizations for covered projects and other projects under this title, including direct reimbursement agreements with agency CERPOs, reimbursable agreements, and approval and consultation processes and staff for covered projects.''. (h) <<NOTE: Repeal.>> Sunset.--Section 41013 of the FAST Act (42 U.S.C. 4370m-12) is repealed. (i) Technical Correction.--Section 41002(b)(2)(A)(ii) of the FAST Act (42 U.S.C. 4370m-1(b)(2)(A)(ii)) is amended by striking ``councilmem-ber'' and inserting ``councilmember''. (j) Clerical Amendment.--The table of contents in section 1(b) of the FAST Act (Public Law 114-94; 129 Stat. 1319) is amended by striking the item relating to section 41002 and inserting the following: ``Sec. 41002. Federal Permitting Improvement Steering Council.''. TITLE IX--BUILD AMERICA, BUY AMERICA Subtitle <<NOTE: Build America, Buy America Act.>> A--Build America, Buy America SEC. 70901. <<NOTE: 41 USC 8301 note.>> SHORT TITLE. This subtitle may be cited as the ``Build America, Buy America Act''. [[Page 135 STAT. 1295]] PART I--BUY AMERICA SOURCING REQUIREMENTS SEC. 70911. FINDINGS. Congress finds that-- (1) the United States must make significant investments to install, upgrade, or replace the public works infrastructure of the United States; (2) with respect to investments in the infrastructure of the United States, taxpayers expect that their public works infrastructure will be produced in the United States by American workers; (3) United States taxpayer dollars invested in public infrastructure should not be used to reward companies that have moved their operations, investment dollars, and jobs to foreign countries or foreign factories, particularly those that do not share or openly flout the commitments of the United States to environmental, worker, and workplace safety protections; (4) in procuring materials for public works projects, entities using taxpayer-financed Federal assistance should give a commonsense procurement preference for the materials and products produced by companies and workers in the United States in accordance with the high ideals embodied in the environmental, worker, workplace safety, and other regulatory requirements of the United States; (5) common construction materials used in public works infrastructure projects, including steel, iron, manufactured products, non-ferrous metals, plastic and polymer-based products (including polyvinylchloride, composite building materials, and polymers used in fiber optic cables), glass (including optic glass), lumber, and drywall are not adequately covered by a domestic content procurement preference, thus limiting the impact of taxpayer purchases to enhance supply chains in the United States; (6) the benefits of domestic content procurement preferences extend beyond economics; (7) by incentivizing domestic manufacturing, domestic content procurement preferences reinvest tax dollars in companies and processes using the highest labor and environmental standards in the world; (8) strong domestic content procurement preference policies act to prevent shifts in production to countries that rely on production practices that are significantly less energy efficient and far more polluting than those in the United States; (9) for over 75 years, Buy America and other domestic content procurement preference laws have been part of the United States procurement policy, ensuring that the United States can build and rebuild the infrastructure of the United States with high-quality American-made materials; (10) before the date of enactment of this Act, a domestic content procurement preference requirement may not apply, may apply only to a narrow scope of products and materials, or may be limited by waiver with respect to many infrastructure programs, which necessitates a review of such programs, including programs for roads, highways, and bridges, public [[Page 135 STAT. 1296]] transportation, dams, ports, harbors, and other maritime facilities, intercity passenger and freight railroads, freight and intermodal facilities, airports, water systems, including drinking water and wastewater systems, electrical transmission facilities and systems, utilities, broadband infrastructure, and buildings and real property; (11) Buy America laws create demand for domestically produced goods, helping to sustain and grow domestic manufacturing and the millions of jobs domestic manufacturing supports throughout product supply chains; (12) as of the date of enactment of this Act, domestic content procurement preference policies apply to all Federal Government procurement and to various Federal-aid infrastructure programs; (13) a robust domestic manufacturing sector is a vital component of the national security of the United States; (14) as more manufacturing operations of the United States have moved offshore, the strength and readiness of the defense industrial base of the United States has been diminished; and (15) domestic content procurement preference laws-- (A) are fully consistent with the international obligations of the United States; and (B) together with the government procurements to which the laws apply, are important levers for ensuring that United States manufacturers can access the government procurement markets of the trading partners of the United States. SEC. 70912. DEFINITIONS. In this part: (1) Deficient program.--The term ``deficient program'' means a program identified by the head of a Federal agency under section 70913(c). (2) Domestic content procurement preference.--The term ``domestic content procurement preference'' means a requirement that no amounts made available through a program for Federal financial assistance may be obligated for a project unless-- (A) all iron and steel used in the project are produced in the United States; (B) the manufactured products used in the project are produced in the United States; or (C) the construction materials used in the project are produced in the United States. (3) Federal agency.--The term ``Federal agency'' means any authority of the United States that is an ``agency'' (as defined in section 3502 of title 44, United States Code), other than an independent regulatory agency (as defined in that section). (4) Federal financial assistance.-- (A) In general.--The term ``Federal financial assistance'' has the meaning given the term in section 200.1 of title 2, Code of Federal Regulations (or successor regulations). (B) Inclusion.--The term ``Federal financial assistance'' includes all expenditures by a Federal agency to a non-Federal entity for an infrastructure project, except [[Page 135 STAT. 1297]] that it does not include expenditures for assistance authorized under section 402, 403, 404, 406, 408, or 502 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170a, 5170b, 5170c, 5172, 5174, or 5192) relating to a major disaster or emergency declared by the President under section 401 or 501, respectively, of such Act (42 U.S.C. 5170, 5191) or pre and post disaster or emergency response expenditures. (5) Infrastructure.--The term ``infrastructure'' includes, at a minimum, the structures, facilities, and equipment for, in the United States-- (A) roads, highways, and bridges; (B) public transportation; (C) dams, ports, harbors, and other maritime facilities; (D) intercity passenger and freight railroads; (E) freight and intermodal facilities; (F) airports; (G) water systems, including drinking water and wastewater systems; (H) electrical transmission facilities and systems; (I) utilities; (J) broadband infrastructure; and (K) buildings and real property. (6) Produced in the united states.--The term ``produced in the United States'' means-- (A) in the case of iron or steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States; (B) in the case of manufactured products, that-- (i) the manufactured product was manufactured in the United States; and (ii) the cost of the components of the manufactured product that are mined, produced, or manufactured in the United States is greater than 55 percent of the total cost of all components of the manufactured product, unless another standard for determining the minimum amount of domestic content of the manufactured product has been established under applicable law or regulation; and (C) in the case of construction materials, that all manufacturing processes for the construction material occurred in the United States. (7) Project.--The term ``project'' means the construction, alteration, maintenance, or repair of infrastructure in the United States. SEC. 70913. IDENTIFICATION OF DEFICIENT PROGRAMS. (a) <<NOTE: Notice. Reports.>> In General.--Not later than 60 days after the date of enactment of this Act, the head of each Federal agency shall-- (1) submit to the Office of Management and Budget and to Congress, including a separate notice to each appropriate congressional committee, a report that identifies each Federal financial assistance program for infrastructure administered by the Federal agency; and (2) <<NOTE: Federal Register, publication.>> publish in the Federal Register the report under paragraph (1). [[Page 135 STAT. 1298]] (b) Requirements.--In the report under subsection (a), the head of each Federal agency shall, for each Federal financial assistance program-- (1) identify all domestic content procurement preferences applicable to the Federal financial assistance; (2) <<NOTE: Assessment.>> assess the applicability of the domestic content procurement preference requirements, including-- (A) section 313 of title 23, United States Code; (B) section 5323(j) of title 49, United States Code; (C) section 22905(a) of title 49, United States Code; (D) section 50101 of title 49, United States Code; (E) section 603 of the Federal Water Pollution Control Act (33 U.S.C. 1388); (F) section 1452(a)(4) of the Safe Drinking Water Act (42 U.S.C. 300j-12(a)(4)); (G) section 5035 of the Water Infrastructure Finance and Innovation Act of 2014 (33 U.S.C. 3914); (H) any domestic content procurement preference included in an appropriations Act; and (I) any other domestic content procurement preference in Federal law (including regulations); (3) provide details on any applicable domestic content procurement preference requirement, including the purpose, scope, applicability, and any exceptions and waivers issued under the requirement; and (4) include a description of the type of infrastructure projects that receive funding under the program, including information relating to-- (A) the number of entities that are participating in the program; (B) the amount of Federal funds that are made available for the program for each fiscal year; and (C) <<NOTE: Determination.>> any other information the head of the Federal agency determines to be relevant. (c) List of Deficient Programs.--In the report under subsection (a), the head of each Federal agency shall include a list of Federal financial assistance programs for infrastructure identified under that subsection for which a domestic content procurement preference requirement-- (1) does not apply in a manner consistent with section 70914; or (2) is subject to a waiver of general applicability not limited to the use of specific products for use in a specific project. SEC. 70914. APPLICATION OF BUY AMERICA PREFERENCE. (a) <<NOTE: Deadline.>> In General.--Not later than 180 days after the date of enactment of this Act, the head of each Federal agency shall ensure that none of the funds made available for a Federal financial assistance program for infrastructure, including each deficient program, may be obligated for a project unless all of the iron, steel, manufactured products, and construction materials used in the project are produced in the United States. (b) Waiver.--The head of a Federal agency that applies a domestic content procurement preference under this section may waive the application of that preference in any case in which the head of the Federal agency finds that-- [[Page 135 STAT. 1299]] (1) applying the domestic content procurement preference would be inconsistent with the public interest; (2) types of iron, steel, manufactured products, or construction materials are not produced in the United States in sufficient and reasonably available quantities or of a satisfactory quality; or (3) the inclusion of iron, steel, manufactured products, or construction materials produced in the United States will increase the cost of the overall project by more than 25 percent. (c) Written Justification.--Before issuing a waiver under subsection (b), the head of the Federal agency shall-- (1) <<NOTE: Public information. Web postings. Determination.>> make publicly available in an easily accessible location on a website designated by the Office of Management and Budget and on the website of the Federal agency a detailed written explanation for the proposed determination to issue the waiver; and (2) <<NOTE: Time period. Public comment.>> provide a period of not less than 15 days for public comment on the proposed waiver. (d) Review of Waivers of General Applicability.-- (1) <<NOTE: Time period.>> In general.--An existing general applicability waiver or a general applicability waiver issued under subsection (b) shall be reviewed every 5 years after the date on which the waiver is issued. (2) <<NOTE: Federal Register, publication.>> Review.--In conducting a review of a general applicability waiver, the head of a Federal agency shall-- (A) <<NOTE: Notice.>> publish in the Federal Register a notice that-- (i) describes the justification for a general applicability waiver; and (ii) <<NOTE: Public comments. Time period.>> requests public comments for a period of not less than 30 days on the continued need for a general applicability waiver; and (B) <<NOTE: Determination.>> publish in the Federal Register a determination on whether to continue or discontinue the general applicability waiver, taking into account the comments received in response to the notice published under subparagraph (A). (3) Limitation on the review of existing waivers of general applicability.--For a period <<NOTE: Time period. Effective date.>> of 5 years beginning on the date of enactment of this Act, paragraphs (1) and (2) shall not apply to any product- specific general applicability waiver that was issued more than 180 days before the date of enactment of this Act. (e) <<NOTE: Applicability.>> Consistency With International Agreements.--This section shall be applied in a manner consistent with United States obligations under international agreements. SEC. 70915. OMB GUIDANCE AND STANDARDS. (a) Guidance.--The Director of the Office of Management and Budget shall-- (1) issue guidance to the head of each Federal agency-- (A) to assist in identifying deficient programs under section 70913(c); and (B) to assist in applying new domestic content procurement preferences under section 70914; and (2) if necessary, amend subtitle A of title 2, Code of Federal Regulations (or successor regulations), to ensure that domestic content procurement preference requirements required by this [[Page 135 STAT. 1300]] part or other Federal law are imposed through the terms and conditions of awards of Federal financial assistance. (b) Standards for Construction Materials.-- (1) <<NOTE: Standards.>> In general.--Not later than 180 days after the date of enactment of this Act, the Director of the Office of Management and Budget shall issue standards that define the term ``all manufacturing processes'' in the case of construction materials. (2) Considerations.--In issuing standards under paragraph (1), the Director shall-- (A) ensure that the standards require that each manufacturing process required for the manufacture of the construction material and the inputs of the construction material occurs in the United States; and (B) take into consideration and seek to maximize the direct and indirect jobs benefited or created in the production of the construction material. SEC. 70916. TECHNICAL ASSISTANCE PARTNERSHIP AND CONSULTATION SUPPORTING DEPARTMENT OF TRANSPORTATION BUY AMERICA REQUIREMENTS. (a) Definitions.--In this section: (1) Buy america law.--The term ``Buy America law'' means-- (A) section 313 of title 23, United States Code; (B) section 5323(j) of title 49, United States Code; (C) section 22905(a) of title 49, United States Code; (D) section 50101 of title 49, United States Code; and (E) any other domestic content procurement preference for an infrastructure project under the jurisdiction of the Secretary. (2) Secretary.--The term ``Secretary'' means the Secretary of Transportation. (b) <<NOTE: Deadline.>> Technical Assistance Partnership.--Not later than 90 days after the date of the enactment of this Act, the Secretary shall enter into a technical assistance partnership with the Secretary of Commerce, acting through the Director of the National Institute of Standards and Technology-- (1) to ensure the development of a domestic supply base to support intermodal transportation in the United States, such as intercity high speed rail transportation, public transportation systems, highway construction or reconstruction, airport improvement projects, and other infrastructure projects under the jurisdiction of the Secretary; (2) to ensure compliance with Buy America laws that apply to a project that receives assistance from the Federal Highway Administration, the Federal Transit Administration, the Federal Railroad Administration, the Federal Aviation Administration, or another office or modal administration of the Secretary of Transportation; (3) to encourage technologies developed with the support of and resources from the Secretary to be transitioned into commercial market and applications; and (4) <<NOTE: Procedures. Consultation.>> 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 [[Page 135 STAT. 1301]] of the Hollings Manufacturing Extension Partnership regarding whether there is a domestic entity that could provide the iron, steel, manufactured product, or construction material that is the subject of the proposed waiver. (d) Annual Report.--Not later than 1 year after the date of enactment of this Act, and annually thereafter, the Secretary shall submit to the Committee on Commerce, Science, and Transportation, the Committee on Banking, Housing, and Urban Affairs, the Committee on Environment and Public Works, and the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Transportation and Infrastructure and the Committee on Oversight and Reform of the House of Representatives a report that includes-- (1) a detailed description of the consultation procedures developed under subsection (b)(4); (2) a detailed description of each waiver requested under a Buy America law in the preceding year that was subject to consultation under subsection (c), and the results of the consultation; (3) a detailed description of each waiver granted under a Buy America law in the preceding year, including the type of waiver and the reasoning for granting the waiver; and (4) <<NOTE: Update. Recommenda- tions.>> an update on challenges and gaps in the domestic supply base identified in carrying out subsection (b)(1), including a list of actions and policy changes the Secretary recommends be taken to address those challenges and gaps. SEC. 70917. APPLICATION. (a) In General.--This part shall apply to a Federal financial assistance program for infrastructure only to the extent that a domestic content procurement preference as described in section 70914 does not already apply to iron, steel, manufactured products, and construction materials. (b) Savings Provision.--Nothing in this part affects a domestic content procurement preference for a Federal financial assistance program for infrastructure that is in effect and that meets the requirements of section 70914. (c) Limitation With Respect to Aggregates.--In this part-- (1) <<NOTE: Definition.>> the term ``construction materials'' shall not include cement and cementitious materials, aggregates such as stone, sand, or gravel, or aggregate binding agents or additives; and (2) the standards developed under section 70915(b)(1) shall not include cement and cementitious materials, aggregates such as stone, sand, or gravel, or aggregate binding agents or additives as inputs of the construction material. PART II--MAKE IT IN AMERICA SEC. 70921. REGULATIONS RELATING TO BUY AMERICAN ACT. (a) <<NOTE: Deadline. Consultation.>> In General.--Not later than 1 year after the date of the enactment of this Act, the Director of the Office of Management and Budget (``Director''), acting through the Administrator for Federal Procurement Policy and, in consultation with the Federal Acquisition Regulatory Council, shall promulgate final regulations or other policy or management guidance, as appropriate, to standardize and simplify how Federal agencies comply with, report on, [[Page 135 STAT. 1302]] and enforce the Buy American Act. The regulations or other policy or management guidance shall include, at a minimum, the following: (1) <<NOTE: Determination.>> Guidelines for Federal agencies to determine, for the purposes of applying sections 8302(a) and 8303(b)(3) of title 41, United States Code, the circumstances under which the acquisition of articles, materials, or supplies mined, produced, or manufactured in the United States is inconsistent with the public interest. (2) <<NOTE: Determination.>> Guidelines to ensure Federal agencies base determinations of non-availability on appropriate considerations, including anticipated project delays and lack of substitutable articles, materials, and supplies mined, produced, or manufactured in the United States, when making determinations of non-availability under section 8302(a)(1) of title 41, United States Code. (3)(A) <<NOTE: Procedures. Public information. Web posting. Time periods. Waiver.>> Uniform procedures for each Federal agency to make publicly available, in an easily identifiable location on the website of the agency, and within the following time periods, the following information: (i) A written description of the circumstances in which the head of the agency may waive the requirements of the Buy American Act. (ii) Each waiver made by the head of the agency within 30 days after making such waiver, including a justification with sufficient detail to explain the basis for the waiver. (B) <<NOTE: Consultation.>> The procedures established under this paragraph shall ensure that the head of an agency, in consultation with the head of the Made in America Office established under section 70923(a), may limit the publication of classified information, trade secrets, or other information that could damage the United States. (4) Guidelines for Federal agencies to ensure that a project is not disaggregated for purposes of avoiding the applicability of the requirements under the Buy American Act. (5) An increase to the price preferences for domestic end products and domestic construction materials. (6) Amending the definitions of ``domestic end product'' and ``domestic construction material'' to ensure that iron and steel products are, to the greatest extent possible, made with domestic components. (b) Guidelines Relating to Waivers.-- (1) Inconsistency with public interest.-- (A) <<NOTE: Contracts.>> In general.--With respect to the guidelines developed under subsection (a)(1), the Administrator shall seek to minimize waivers related to contract awards that-- (i) result in a decrease in employment in the United States, including employment among entities that manufacture the articles, materials, or supplies; or (ii) result in awarding a contract that would decrease domestic employment. (B) Covered employment.--For purposes of subparagraph (A), employment refers to positions directly involved in the manufacture of articles, materials, or supplies, and does not include positions related to management, research and development, or engineering and design. [[Page 135 STAT. 1303]] (2) Assessment on use of dumped or subsidized foreign products.-- (A) In general.--To the extent otherwise permitted by law, before granting a waiver in the public interest to the guidelines developed under subsection (a)(1) with respect to a product sourced from a foreign country, a Federal agency shall assess whether a significant portion of the cost advantage of the product is the result of the use of dumped steel, iron, or manufactured goods or the use of injuriously subsidized steel, iron, or manufactured goods. (B) Consultation.--The Federal agency conducting the assessment under subparagraph (A) shall consult with the International Trade Administration in making the assessment if the agency considers such consultation to be helpful. (C) Use of findings.--The Federal agency conducting the assessment under subparagraph (A) shall integrate any findings from the assessment into its waiver determination. (c) Sense of Congress on Increasing Domestic Content Requirements.-- It is the sense of Congress that the Federal Acquisition Regulatory Council should amend the Federal Acquisition Regulation to increase the domestic content requirements for domestic end products and domestic construction material to 75 percent, or, in the event of no qualifying offers, 60 percent. (d) Definition of End Product Manufactured in the United States.-- Not later than 1 year <<NOTE: Deadline.>> after the date of the enactment of this Act, the Federal Acquisition Regulatory Council shall amend part 25 of the Federal Acquisition Regulation to provide a definition for ``end product manufactured in the United States,'' including guidelines to ensure that manufacturing processes involved in production of the end product occur domestically. SEC. 70922. AMENDMENTS RELATING TO BUY AMERICAN ACT. (a) Special Rules Relating to American Materials Required for Public Use.--Section 8302 of title 41, United States Code, is amended by adding at the end the following new subsection: ``(c) <<NOTE: Applicability.>> Special Rules.--The following rules apply in carrying out the provisions of subsection (a): ``(1) Iron and steel manufactured in the united states.--For purposes of this section, manufactured articles, materials, and supplies of iron and steel are deemed manufactured in the United States only if all manufacturing processes involved in the production of such iron and steel, from the initial melting stage through the application of coatings, occurs in the United States. ``(2) Limitation on exception for commercially available off-the-shelf items.--Notwithstanding any law or regulation to the contrary, including section 1907 of this title and the Federal Acquisition Regulation, the requirements of this section apply to all iron and steel articles, materials, and supplies.''. (b) Production of Iron and Steel for Purposes of Contracts for Public Works.--Section 8303 of title 41, United States Code, is amended-- (1) by redesignating subsection (c) as subsection (d); and [[Page 135 STAT. 1304]] (2) by inserting after subsection (b) the following new subsection: ``(c) Special Rules.-- ``(1) Production of iron and steel.--For purposes of this section, manufactured articles, materials, and supplies of iron and steel are deemed manufactured in the United States only if all manufacturing processes involved in the production of such iron and steel, from the initial melting stage through the application of coatings, occurs in the United States. ``(2) Limitation on exception for commercially available off-the-shelf items.--Notwithstanding any law <<NOTE: Applicability.>> or regulation to the contrary, including section 1907 of this title and the Federal Acquisition Regulation, the requirements of this section apply to all iron and steel articles, materials, and supplies used in contracts described in subsection (a).''. (c) Annual Report.--Subsection (b) of section 8302 of title 41, United States Code, is amended to read as follows: ``(b) Reports.-- ``(1) <<NOTE: Time period. Consultation.>> In general.--Not later than 180 days after the end of the fiscal year during which the Build America, Buy America Act is enacted, and annually thereafter for 4 years, the Director of the Office of Management and Budget, in consultation with the Administrator of General Services, shall submit to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Oversight and Reform of the House of Representatives a report on the total amount of acquisitions made by Federal agencies in the relevant fiscal year of articles, materials, or supplies acquired from entities that mine, produce, or manufacture the articles, materials, or supplies outside the United States. ``(2) Exception for intelligence community.--This subsection does not apply to acquisitions made by an agency, or component of an agency, that is an element of the intelligence community as specified in, or designated under, section 3 of the National Security Act of 1947 (50 U.S.C. 3003).''. (d) Definition.--Section 8301 of title 41, United States Code, is amended by adding at the end the following new paragraph: ``(3) Federal agency.--The term `Federal agency' has the meaning given the term `executive agency' in section 133 of this title.''. (e) Conforming Amendments.--Title 41, United States Code, is amended-- (1) in section 8302(a)-- (A) in paragraph (1)-- (i) by striking ``department or independent establishment'' and inserting ``Federal agency''; and (ii) by striking ``their acquisition to be inconsistent with the public interest or their cost to be unreasonable'' and inserting ``their acquisition to be inconsistent with the public interest, their cost to be unreasonable, or that the articles, materials, or supplies of the class or kind to be used, or the articles, materials, or supplies from which they are manufactured, are not mined, produced, or manufactured in the United States in sufficient and reasonably available commercial quantities and of a satisfactory quality''; and [[Page 135 STAT. 1305]] (B) in paragraph (2), by amending subparagraph (B) to read as follows: ``(B) to any articles, materials, or supplies procured pursuant to a reciprocal defense procurement memorandum of understanding (as described in section 8304 of this title), or a trade agreement or least developed country designation described in subpart 25.400 of the Federal Acquisition Regulation; and''; and (2) in section 8303-- (A) in subsection (b)-- (i) by striking ``department or independent establishment'' each place it appears and inserting ``Federal agency''; (ii) by amending subparagraph (B) of paragraph (1) to read as follows: ``(B) to any articles, materials, or supplies procured pursuant to a reciprocal defense procurement memorandum of understanding (as described in section 8304), or a trade agreement or least developed country designation described in subpart 25.400 of the Federal Acquisition Regulation; and''; and (iii) in paragraph (3)-- (I) in the heading, by striking ``Inconsistent with public interest'' and inserting ``Waiver authority''; and (II) by striking ``their purchase to be inconsistent with the public interest or their cost to be unreasonable'' and inserting ``their acquisition to be inconsistent with the public interest, their cost to be unreasonable, or that the articles, materials, or supplies of the class or kind to be used, or the articles, materials, or supplies from which they are manufactured, are not mined, produced, or manufactured in the United States in sufficient and reasonably available commercial quantities and of a satisfactory quality''; and (B) in subsection (d), as redesignated by subsection (b)(1) of this section, by striking ``department, bureau, agency, or independent establishment'' each place it appears and inserting ``Federal agency''. (f) Exclusion From Inflation Adjustment of Acquisition-Related Dollar Thresholds.--Subparagraph (A) of section 1908(b)(2) of title 41, United States Code, is amended by striking ``chapter 67'' and inserting ``chapters 67 and 83''. SEC. 70923. MADE IN AMERICA OFFICE. (a) <<NOTE: Appointment.>> Establishment.--The Director of the Office of Management and Budget shall establish within the Office of Management and Budget an office to be known as the ``Made in America Office''. The head of the office shall be appointed by the Director of the Office of Management and Budget (in this section referred to as the ``Made in America Director''). (b) Duties.--The Made in America Director shall have the following duties: (1) Maximize and enforce compliance with domestic preference statutes. [[Page 135 STAT. 1306]] (2) Develop and implement procedures to review waiver requests or inapplicability requests related to domestic preference statutes. (3) Prepare the reports required under subsections (c) and (e). (4) Ensure that Federal contracting personnel, financial assistance personnel, and non-Federal recipients are regularly trained on obligations under the Buy American Act and other agency-specific domestic preference statutes. (5) Conduct the review of reciprocal defense agreements required under subsection (d). (6) Ensure that Federal agencies, Federal financial assistance recipients, and the Hollings Manufacturing Extension Partnership partner with each other to promote compliance with domestic preference statutes. (7) Support executive branch efforts to develop and sustain a domestic supply base to meet Federal procurement requirements. (c) <<NOTE: Time period.>> Office of Management and Budget Report.--Not later than 1 year after the date of the enactment of this Act, the Director of the Office of Management and Budget, working through the Made in America Director, shall report to the relevant congressional committees on the extent to which, in each of the three fiscal years prior to the date of enactment of this Act, articles, materials, or supplies acquired by the Federal Government were mined, produced, or manufactured outside the United States. Such report shall include for each Federal agency the following: (1) <<NOTE: Summary.>> A summary of total procurement funds expended on articles, materials, and supplies mined, produced, or manufactured-- (A) inside the United States; (B) outside the United States; and (C) outside the United States-- (i) under each category of waiver under the Buy American Act; (ii) under each category of exception under such chapter; and (iii) for each country that mined, produced, or manufactured such articles, materials, and supplies. (2) For each fiscal year covered by the report-- (A) the dollar value of any articles, materials, or supplies that were mined, produced, or manufactured outside the United States, in the aggregate and by country; (B) <<NOTE: List. Waivers.>> an itemized list of all waivers made under the Buy American Act with respect to articles, materials, or supplies, where available, and the country where such articles, materials, or supplies were mined, produced, or manufactured; (C) if any articles, materials, or supplies were acquired from entities that mine, produce, or manufacture such articles, materials, or supplies outside the United States due to an exception (that is not the micro-purchase threshold exception described under section 8302(a)(2)(C) of title 41, United States Code), the specific exception that was used to purchase such articles, materials, or supplies; and [[Page 135 STAT. 1307]] (D) if any articles, materials, or supplies were acquired from entities that mine, produce, or manufacture such articles, materials, or supplies outside the United States pursuant to a reciprocal defense procurement memorandum of understanding (as described in section 8304 of title 41, United States Code), or a trade agreement or least developed country designation described in subpart 25.400 of the Federal Acquisition Regulation, a citation to such memorandum of understanding, trade agreement, or designation. (3) A description of the methods used by each Federal agency to calculate the percentage domestic content of articles, materials, and supplies mined, produced, or manufactured in the United States. (d) <<NOTE: Contracts. Reports. Deadline. Determination.>> Review of Reciprocal Defense Agreements.-- (1) Review of process.--Not later than 180 days after the date of the enactment of this Act, the Made in America Director shall review the Department of Defense's use of reciprocal defense agreements to determine if domestic entities have equal and proportional access and report the findings of the review to the Director of the Office of Management and Budget, the Secretary of Defense, and the Secretary of State. (2) Review of reciprocal procurement memoranda of understanding.--The Made in America Director <<NOTE: Assessment.>> shall review reciprocal procurement memoranda of understanding entered into after the date of the enactment of this Act between the Department of Defense and its counterparts in foreign governments to assess whether domestic entities will have equal and proportional access under the memoranda of understanding and report the findings of the review to the Director of the Office of Management and Budget, the Secretary of Defense, and the Secretary of State. (e) <<NOTE: Summary.>> Report on Use of Made in America Laws.--The Made in America Director shall submit to the relevant congressional committees a summary of each report on the use of Made in America Laws received by the Made in America Director pursuant to section 11 of Executive Order 14005, dated January 25, 2021 (relating to ensuring the future is made in all of America by all of America's workers) not later than 90 days after the date of the enactment of this Act or receipt of the reports required under section 11 of such Executive Order, whichever is later. (f) Domestic Preference Statute Defined.--In this section, the term ``domestic preference statute'' means any of the following: (1) the Buy American Act; (2) a Buy America law (as that term is defined in section 70916(a)); (3) the Berry Amendment; (4) section 604 of the American Recovery and Reinvestment Act of 2009 (6 U.S.C. 453b) (commonly referred to as the ``Kissell amendment''); (5) section 2533b of title 10 (commonly referred to as the ``specialty metals clause''); (6) laws requiring domestic preference for maritime transport, including the Merchant Marine Act, 1920 (Public Law 66-261), commonly known as the ``Jones Act''; and (7) any other law, regulation, rule, or executive order relating to Federal financial assistance awards or Federal [[Page 135 STAT. 1308]] procurement, that requires, or provides a preference for, the purchase or acquisition of goods, products, or materials produced in the United States, including iron, steel, construction material, and manufactured goods offered in the United States. SEC. 70924. HOLLINGS MANUFACTURING EXTENSION PARTNERSHIP ACTIVITIES. (a) Use of Hollings Manufacturing Extension Partnership to Refer New Businesses to Contracting Opportunities.--The head of each Federal agency shall work with the Director of the Hollings Manufacturing Extension Partnership, as necessary, to ensure businesses participating in this Partnership are aware of their contracting opportunities. (b) Automatic Enrollment in GSA Advantage!.--The Administrator of the General Services Administration and the Secretary of Commerce, acting through the Under Secretary of Commerce for Standards and Technology, shall jointly ensure that each business that participates in the Hollings Manufacturing Extension Partnership is automatically enrolled in General Services Administration Advantage!. SEC. 70925. <<NOTE: Applicability.>> UNITED STATES OBLIGATIONS UNDER INTERNATIONAL AGREEMENTS. This part, and the amendments made by this part, shall be applied in a manner consistent with United States obligations under international agreements. SEC. 70926. DEFINITIONS. In this part: (1) Berry amendment.--The term ``Berry Amendment'' means section 2533a of title 10, United States Code. (2) Buy american act.--The term ``Buy American Act'' means chapter 83 of title 41, United States Code. (3) Federal agency.--The term ``Federal agency'' has the meaning given the term ``executive agency'' in section 133 of title 41, United States Code. (4) Relevant congressional committees.--The term ``relevant congressional committees'' means-- (A) the Committee on Homeland Security and Governmental Affairs, the Committee on Commerce, Science, and Transportation, the Committee on Environment and Public Works, the Committee on Banking, Housing, and Urban Affairs, and the Committee on Armed Services of the Senate; and (B) the Committee on Oversight and Reform, the Committee on Armed Services, and the Committee on Transportation and Infrastructure of the House of Representatives. (5) <<NOTE: Determinations.>> Waiver.--The term ``waiver'', with respect to the acquisition of an article, material, or supply for public use, means the inapplicability of chapter 83 of title 41, United States Code, to the acquisition by reason of any of the following determinations under section 8302(a)(1) or 8303(b) of such title: (A) A determination by the head of the Federal agency concerned that the acquisition is inconsistent with the public interest. (B) A determination by the head of the Federal agency concerned that the cost of the acquisition is unreasonable. [[Page 135 STAT. 1309]] (C) A determination by the head of the Federal agency concerned that the article, material, or supply is not mined, produced, or manufactured in the United States in sufficient and reasonably available commercial quantities of a satisfactory quality. SEC. 70927. PROSPECTIVE AMENDMENTS TO INTERNAL CROSS-REFERENCES. (a) Specialty Metals Clause Reference.--Section 70923(f)(5) is amended by striking ``section 2533b'' and inserting ``section 4863''. (b) Berry Amendment Reference.--Section 70926(1) is amended by striking ``section 2533a'' and inserting ``section 4862''. (c) Effective Date.--The amendments made by this section shall take effect on January 1, 2022. Subtitle <<NOTE: BuyAmerican.gov Act of 2021.>> B--BuyAmerican.gov SEC. 70931. SHORT TITLE. This subtitle may be cited as the ``BuyAmerican.gov Act of 2021''. SEC. 70932. DEFINITIONS. In this subtitle: (1) Buy american law.--The term ``Buy American law'' means any law, regulation, Executive order, or rule relating to Federal contracts, grants, or financial assistance that requires or provides a preference for the purchase or use of goods, products, or materials mined, produced, or manufactured in the United States, including-- (A) chapter 83 of title 41, United States Code (commonly referred to as the ``Buy American Act''); (B) section 5323(j) of title 49, United States Code; (C) section 313 of title 23, United States Code; (D) section 50101 of title 49, United States Code; (E) section 24405 of title 49, United States Code; (F) section 608 of the Federal Water Pollution Control Act (33 U.S.C. 1388); (G) section 1452(a)(4) of the Safe Drinking Water Act (42 U.S.C. 300j-12(a)(4)); (H) section 5035 of the Water Resources Reform and Development Act of 2014 (33 U.S.C. 3914); (I) section 2533a of title 10, United States Code (commonly referred to as the ``Berry Amendment''); and (J) section 2533b of title 10, United States Code. (2) Executive agency.--The term ``executive agency'' has the meaning given the term ``agency'' in paragraph (1) of section 3502 of title 44, United States Code, except that it does not include an independent regulatory agency, as that term is defined in paragraph (5) of such section. (3) Buy american waiver.--The term ``Buy American waiver'' refers to an exception to or waiver of any Buy American law, or the terms and conditions used by an agency in granting an exception to or waiver from Buy American laws. SEC. 70933. SENSE OF CONGRESS ON BUYING AMERICAN. It is the sense of Congress that-- [[Page 135 STAT. 1310]] (1) every executive agency should maximize, through terms and conditions of Federal financial assistance awards and Federal procurements, the use of goods, products, and materials produced in the United States and contracts for outsourced government service contracts to be performed by United States nationals; (2) every executive agency should scrupulously monitor, enforce, and comply with Buy American laws, to the extent they apply, and minimize the use of waivers; and (3) every executive agency should use available data to routinely audit its compliance with Buy American laws. SEC. 70934. <<NOTE: Public information.>> ASSESSMENT OF IMPACT OF FREE TRADE AGREEMENTS. Not later than 150 days after the date of the enactment of this Act, the Secretary of Commerce, the United States Trade Representative, and the Director of the Office of Management and Budget shall assess the impacts in a publicly available report of all United States free trade agreements, the World Trade Organization Agreement on Government Procurement, and Federal permitting processes on the operation of Buy American laws, including their impacts on the implementation of domestic procurement preferences. SEC. 70935. JUDICIOUS USE OF WAIVERS. (a) In General.--To the extent permitted by law, a Buy American waiver that is determined by an agency head or other relevant official to be in the public interest shall be construed to ensure the maximum utilization of goods, products, and materials produced in the United States. (b) Public Interest Waiver Determinations.--To the extent permitted by law, determination of public interest waivers shall be made by the head of the agency with the authority over the Federal financial assistance award or Federal procurement under consideration. SEC. 70936. ESTABLISHMENT OF BUYAMERICAN.GOV WEBSITE. (a) <<NOTE: Deadline.>> In General.--Not later than one year after the date of the enactment of this Act, the Administrator of General Services shall establish an Internet website with the address BuyAmerican.gov that will be publicly available and free to access. The website shall include information on all waivers of and exceptions to Buy American laws since the date of the enactment of this Act that have been requested, are under consideration, or have been granted by executive agencies and be designed to enable manufacturers and other interested parties to easily identify waivers. The website <<NOTE: Determination. Data.>> shall also include the results of routine audits to determine data errors and Buy American law violations after the award of a contract. The website <<NOTE: Public information.>> shall provide publicly available contact information for the relevant contracting agencies. (b) Utilization of Existing Website.--The requirements of subsection (a) may be met by utilizing an existing website, provided that the address of that website is BuyAmerican.gov. SEC. 70937. WAIVER TRANSPARENCY AND STREAMLINING FOR CONTRACTS. (a) <<NOTE: Consultation.>> Collection of Information.--The Administrator of General Services, in consultation with the heads of relevant agencies, shall develop a mechanism to collect information on requests to [[Page 135 STAT. 1311]] invoke a Buy American waiver for a Federal contract, utilizing existing reporting requirements whenever possible, for purposes of providing early notice of possible waivers via the website established under section 70936. (b) Waiver Transparency and Streamlining.-- (1) <<NOTE: Public comment. Time period.>> Requirement.-- Prior to granting a request to waive a Buy American law, the head of an executive agency shall submit a request to invoke a Buy American waiver to the Administrator of General Services, and the Administrator of General Services shall make the request available on or through the public website established under section 70936 for public comment for not less than 15 days. (2) Exception.--The requirement under paragraph (1) does not apply to a request for a Buy American waiver to satisfy an urgent contracting need in an unforeseen and exigent circumstance. (c) Information Available to the Executive Agency Concerning the Request.-- (1) Requirement.--No Buy American waiver for purposes of awarding a contract may be granted if, in contravention of subsection (b)-- (A) information about the waiver was not made available on the website under section 70936; or (B) no opportunity for public comment concerning the request was granted. (2) Scope.--Information made available to the public concerning the request included on the website described in section 70936 shall properly and adequately document and justify the statutory basis cited for the requested waiver. Such information shall include-- (A) a detailed justification for the use of goods, products, or materials mined, produced, or manufactured outside the United States; (B) for requests citing unreasonable cost as the statutory basis of the waiver, a comparison of the cost of the domestic product to the cost of the foreign product or a comparison of the overall cost of the project with domestic products to the overall cost of the project with foreign-origin products or services, pursuant to the requirements of the applicable Buy American law, except that publicly available cost comparison data may be provided in lieu of proprietary pricing information; (C) for requests citing the public interest as the statutory basis for the waiver, a detailed written statement, which shall include all appropriate factors, such as potential obligations under international agreements, justifying why the requested waiver is in the public interest; and (D) <<NOTE: Certification.>> a certification that the procurement official or assistance recipient made a good faith effort to solicit bids for domestic products supported by terms included in requests for proposals, contracts, and nonproprietary communications with the prime contractor. (d) Nonavailability Waivers.-- (1) In general.--Except as provided under paragraph (2), for a request citing nonavailability as the statutory basis for a Buy American waiver, an executive agency shall provide an explanation of the procurement official's efforts to procure [[Page 135 STAT. 1312]] a product from a domestic source and the reasons why a domestic product was not available from a domestic source. Those explanations <<NOTE: Public comments. Determination.>> shall be made available on BuyAmerican.gov prior to the issuance of the waiver, and the agency shall consider public comments regarding the availability of the product before making a final determination. (2) Exception.--An explanation under paragraph (1) is not required for a product the nonavailability of which is established by law or regulation. SEC. 70938. <<NOTE: Recommenda- tions.>> COMPTROLLER GENERAL REPORT. Not later than two years after the date of the enactment of this Act, the Comptroller General of the United States shall submit to Congress a report describing the implementation of this subtitle, including recommendations for any legislation to improve the collection and reporting of information regarding waivers of and exceptions to Buy American laws. SEC. 70939. RULES OF CONSTRUCTION. (a) Disclosure Requirements.--Nothing in this subtitle shall be construed as preempting, superseding, or otherwise affecting the application of any disclosure requirement or requirements otherwise provided by law or regulation. (b) Establishment of Successor Information Systems.--Nothing in this subtitle shall be construed as preventing or otherwise limiting the ability of the Administrator of General Services to move the data required to be included on the website established under subsection (a) to a successor information system. Any such information system shall include a reference to BuyAmerican.gov. SEC. 70940. <<NOTE: Applicability.>> CONSISTENCY WITH INTERNATIONAL AGREEMENTS. This subtitle shall be applied in a manner consistent with United States obligations under international agreements. SEC. 70941. PROSPECTIVE AMENDMENTS TO INTERNAL CROSS-REFERENCES. (a) In General.--Section 70932(1) is amended-- (1) in subparagraph (I), by striking ``section 2533a'' and inserting ``section 4862''; and (2) in subparagraph (J), by striking ``section 2533b'' and inserting ``section 4863''. (b) Effective Date.--The amendments made by subsection (a) shall take effect on January 1, 2022. Subtitle <<NOTE: Make PPE in America Act.>> C--Make PPE in America SEC. 70951. SHORT TITLE. This subtitle may be cited as the ``Make PPE in America Act''. SEC. 70952. FINDINGS. Congress makes the following findings: (1) The COVID-19 pandemic has exposed the vulnerability of the United States supply chains for, and lack of domestic production of, personal protective equipment (PPE). [[Page 135 STAT. 1313]] (2) The United States requires a robust, secure, and wholly domestic PPE supply chain to safeguard public health and national security. (3) Issuing a strategy that provides the government's anticipated needs over the next three years will enable suppliers to assess what changes, if any, are needed in their manufacturing capacity to meet expected demands. (4) In order to foster a domestic PPE supply chain, United States industry needs a strong and consistent demand signal from the Federal Government providing the necessary certainty to expand production capacity investment in the United States. (5) In order to effectively incentivize investment in the United States and the re-shoring of manufacturing, long-term contracts must be no shorter than three years in duration. (6) To accomplish this aim, the United States should seek to ensure compliance with its international obligations, such as its commitments under the World Trade Organization's Agreement on Government Procurement and its free trade agreements, including by invoking any relevant exceptions to those agreements, especially those related to national security and public health. (7) The United States needs a long-term investment strategy for the domestic production of PPE items critical to the United States national response to a public health crisis, including the COVID-19 pandemic. SEC. 70953. REQUIREMENT OF LONG-TERM CONTRACTS FOR DOMESTICALLY MANUFACTURED PERSONAL PROTECTIVE EQUIPMENT. (a) Definitions.--In this section: (1) Appropriate congressional committees.--The term ``appropriate congressional committees'' means-- (A) the Committee on Homeland Security and Governmental Affairs, the Committee on Health, Education, Labor, and Pensions, the Committee on Finance, and the Committee on Veterans' Affairs of the Senate; and (B) the Committee on Homeland Security, the Committee on Oversight and Reform, the Committee on Energy and Commerce, the Committee on Ways and Means, and the Committee on Veterans' Affairs of the House of Representatives. (2) Covered secretary.--The term ``covered Secretary'' means the Secretary of Homeland Security, the Secretary of Health and Human Services, and the Secretary of Veterans Affairs. (3) Personal protective equipment.--The term ``personal protective equipment'' means surgical masks, respirator masks and powered air purifying respirators and required filters, face shields and protective eyewear, gloves, disposable and reusable surgical and isolation gowns, head and foot coverings, and other gear or clothing used to protect an individual from the transmission of disease. (4) United states.--The term ``United States'' means the 50 States, the District of Columbia, and the possessions of the United States. (b) Contract Requirements for Domestic Production.--Beginning 90 days <<NOTE: Effective date.>> after the date of the enactment of this Act, [[Page 135 STAT. 1314]] in order to ensure the sustainment and expansion of personal protective equipment manufacturing in the United States and meet the needs of the current pandemic response, any contract for the procurement of personal protective equipment entered into by a covered Secretary, or a covered Secretary's designee, shall-- (1) <<NOTE: Time period.>> be issued for a duration of at least 2 years, plus all option periods necessary, to incentivize investment in the production of personal protective equipment and the materials and components thereof in the United States; and (2) be for personal protective equipment, including the materials and components thereof, that is grown, reprocessed, reused, or produced in the United States. (c) Alternatives to Domestic Production.--The requirement under subsection (b) shall not apply to an item of personal protective equipment, or component or material thereof if, after maximizing to the extent feasible sources consistent with subsection (b), the covered Secretary-- (1) maximizes sources for personal protective equipment that is assembled outside the United States containing only materials and components that are grown, reprocessed, reused, or produced in the United States; and (2) <<NOTE: Certification. Time period.>> certifies every 120 days that it is necessary to procure personal protective equipment under alternative procedures to respond to the immediate needs of a public health emergency. (d) Availability Exception.-- (1) In general.--Subsections (b) and (c) shall not apply to an item of personal protective equipment, or component or material thereof-- (A) that is, or that includes, a material listed in section 25.104 of the Federal Acquisition Regulation as one for which a non-availability determination has been made; or (B) <<NOTE: Determination.>> as to which the covered Secretary determines that a sufficient quantity of a satisfactory quality that is grown, reprocessed, reused, or produced in the United States cannot be procured as, and when, needed at United States market prices. (2) <<NOTE: Time period.>> Certification requirement.--The covered Secretary shall certify every 120 days that the exception under paragraph (1) is necessary to meet the immediate needs of a public health emergency. (e) Report.-- (1) <<NOTE: Consultation.>> In general.--Not later than 180 days after the date of the enactment of this Act, the Director of the Office of Management and Budget, in consultation with the covered Secretaries, shall submit to the chairs and ranking members of the appropriate congressional committees a report on the procurement of personal protective equipment. (2) Elements.--The report required under paragraph (1) shall include the following elements: (A) <<NOTE: Strategy.>> The United States long-term domestic procurement strategy for PPE produced in the United States, including strategies to incentivize investment in and maintain United States supply chains for all PPE sufficient to meet the needs of the United States during a public health emergency. (B) <<NOTE: Estimate.>> An estimate of long-term demand quantities for all PPE items procured by the United States. [[Page 135 STAT. 1315]] (C) <<NOTE: Recommenda- tions.>> Recommendations for congressional action required to implement the United States Government's procurement strategy. (D) <<NOTE: Determination.>> A determination whether all notifications, amendments, and other necessary actions have been completed to bring the United States existing international obligations into conformity with the statutory requirements of this subtitle. (f) Authorization of Transfer of Equipment.-- (1) In general.--A covered Secretary may transfer to the Strategic National Stockpile established under section 319F-2 of the Public Health Service Act (42 U.S.C. 247d-6b) any excess personal protective equipment acquired under a contract executed pursuant to subsection (b). (2) Transfer of equipment during a public health emergency.-- (A) Amendment.--Title V of the Homeland Security Act of 2002 (6 U.S.C. 311 et seq.) is amended by adding at the end the following: ``SEC. 529. <<NOTE: 6 USC 321r.>> TRANSFER OF EQUIPMENT DURING A PUBLIC HEALTH EMERGENCY. ``(a) <<NOTE: Reimbursement.>> Authorization of Transfer of Equipment.--During a public health emergency declared by the Secretary of Health and Human Services under section 319(a) of the Public Health Service Act (42 U.S.C. 247d(a)), the Secretary, at the request of the Secretary of Health and Human Services, may transfer to the Department of Health and Human Services, on a reimbursable basis, excess personal protective equipment or medically necessary equipment in the possession of the Department. ``(b) Determination by Secretaries.-- ``(1) In general.--In carrying out this section-- ``(A) before requesting a transfer under subsection (a), the Secretary of Health and Human Services shall determine whether the personal protective equipment or medically necessary equipment is otherwise available; and ``(B) <<NOTE: Consultation.>> before initiating a transfer under subsection (a), the Secretary, in consultation with the heads of each component within the Department, shall-- ``(i) determine whether the personal protective equipment or medically necessary equipment requested to be transferred under subsection (a) is excess equipment; and ``(ii) <<NOTE: Certification.>> certify that the transfer of the personal protective equipment or medically necessary equipment will not adversely impact the health or safety of officers, employees, or contractors of the Department. ``(2) Notification.--The Secretary of Health and Human Services and the Secretary shall each submit to Congress a notification explaining the determination made under subparagraphs (A) and (B), respectively, of paragraph (1). ``(3) Required inventory.-- ``(A) In general.--The Secretary shall-- ``(i) acting through the Chief Medical Officer of the Department, maintain an inventory of all personal protective equipment and medically necessary equipment in the possession of the Department; and [[Page 135 STAT. 1316]] ``(ii) make the inventory required under clause (i) available, on a continual basis, to-- ``(I) the Secretary of Health and Human Services; and ``(II) the Committee on Appropriations and the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Appropriations and the Committee on Homeland Security of the House of Representatives. ``(B) <<NOTE: Classified information.>> Form.--Each inventory required to be made available under subparagraph (A) shall be submitted in unclassified form, but may include a classified annex.''. (B) Table of contents amendment.--The table of contents in section 1(b) of the Homeland Security Act of 2002 (Public Law 107-296; 116 Stat. 2135) is amended by inserting after the item relating to section 528 the following: ``Sec. 529. Transfer of equipment during a public health emergency.''. (3) Strategic national stockpile.--Section 319F-2(a) of the Public Health Service Act (42 U.S.C. 247d-6b(a)) is amended by adding at the end the following: ``(6) <<NOTE: Coordination.>> Transfers of items.--The Secretary, in coordination with the Secretary of Homeland Security, may sell drugs, vaccines and other biological products, medical devices, or other supplies maintained in the stockpile under paragraph (1) to a Federal agency or private, nonprofit, State, local, tribal, or territorial entity for immediate use and distribution, provided that any such items being sold are-- ``(A) <<NOTE: Deadline.>> within 1 year of their expiration date; or ``(B) <<NOTE: Determination.>> determined by the Secretary to no longer be needed in the stockpile due to advances in medical or technical capabilities.''. (g) <<NOTE: President.>> Compliance With International Agreements.--The President or the President's designee shall take all necessary steps, including invoking the rights of the United States under Article III of the World Trade Organization's Agreement on Government Procurement and the relevant exceptions of other relevant agreements to which the United States is a party, to ensure that the international obligations of the United States are consistent with the provisions of this subtitle. TITLE X--ASSET CONCESSIONS SEC. 71001. ASSET CONCESSIONS. (a) Establishment of Program.-- (1) In general.--Chapter 6 of title 23, United States Code, is amended by adding at the end the following: ``Sec. 611. <<NOTE: 23 USC 611.>> Asset concessions and innovative finance assistance ``(a) Definitions.--In this section: ``(1) Approved infrastructure asset.--The term `approved infrastructure asset' means-- ``(A) a project (as defined in section 601(a)); and ``(B) a group of projects (as defined in section 601(a)) considered together in a single asset concession or long-term lease to a concessionaire by 1 or more eligible entities. [[Page 135 STAT. 1317]] ``(2) Asset concession.--The term `asset concession' means a contract between an eligible entity and a concessionaire-- ``(A) under which-- ``(i) the eligible entity agrees to enter into a concession agreement or long-term lease with the concessionaire relating to an approved infrastructure asset owned, controlled, or maintained by the eligible entity; ``(ii) as consideration for the agreement or lease described in clause (i), the concessionaire agrees-- ``(I) to provide to the eligible entity 1 or more asset concession payments; and ``(II) to maintain or exceed the condition, performance, and service level of the approved infrastructure asset, as compared to that condition, performance, and service level on the date of execution of the agreement or lease; and ``(iii) the eligible entity and the concessionaire agree that the costs for a fiscal year of the agreement or lease, and any project carried out under the agreement or lease, shall not be shifted to any taxpayer the annual household income of whom is less than $400,000 per year, including through taxes, user fees, tolls, or any other measure, for use of an approved infrastructure asset; and ``(B) the terms of which do not include any noncompete or exclusivity restriction (or any other, similar restriction) on the approval of another project. ``(3) Asset concession payment.--The term `asset concession payment' means a payment that-- ``(A) is made by a concessionaire to an eligible entity for fair market value that is determined as part of the asset concession; and ``(B) may be-- ``(i) a payment made at the financial close of an asset concession; or ``(ii) a series of payments scheduled to be made for-- ``(I) a fixed period; or ``(II) the term of an asset concession. ``(4) Concessionaire.--The term `concessionaire' means a private individual or a private or publicly chartered corporation or entity that enters into an asset concession with an eligible entity. ``(5) Eligible entity.-- ``(A) In general.--The term `eligible entity' means an entity described in subparagraph (B) that-- ``(i) owns, controls, or maintains an approved infrastructure asset; and ``(ii) has the legal authority to enter into a contract to transfer ownership, maintenance, operations, revenues, or other benefits and responsibilities for an approved infrastructure asset. ``(B) Entities described.--An entity referred to in subparagraph (A) is any of the following: ``(i) A State. ``(ii) A Tribal government. ``(iii) A unit of local government. [[Page 135 STAT. 1318]] ``(iv) An agency or instrumentality of a State, Tribal government, or unit of local government. ``(v) A special purpose district or public authority. ``(b) <<NOTE: Grants. Evaluation.>> Establishment.--The Secretary shall establish a program to facilitate access to expert services for, and to provide grants to, eligible entities to enhance the technical capacity of eligible entities to facilitate and evaluate public-private partnerships in which the private sector partner could assume a greater role in project planning, development, financing, construction, maintenance, and operation, including by assisting eligible entities in entering into asset concessions. ``(c) Applications.--To be eligible to receive a grant under this section, an eligible entity shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. ``(d) Eligible Activities.-- ``(1) Technical assistance grants.--An eligible entity may use amounts made available from a grant under this section for technical assistance to build the organizational capacity of the eligible entity to develop, review, or enter into an asset concession, including for-- ``(A) identifying appropriate assets or projects for asset concessions; ``(B) soliciting and negotiating asset concessions, including hiring staff in public agencies; ``(C) conducting a value-for-money analysis, or a comparable analysis, to evaluate the comparative benefits of asset concessions and public debt or other procurement methods; ``(D) <<NOTE: Evaluation.>> evaluating options for the structure and use of asset concession payments; ``(E) <<NOTE: Evaluation.>> evaluating and publicly presenting the risks and benefits of all contract provisions for the purpose of transparency and accountability; ``(F) identifying best practices to protect the public interest and priorities; ``(G) identifying best practices for managing transportation demand and mobility along a corridor, including through provisions of the asset concession, to facilitate transportation demand management strategies along the corridor that is subject to the asset concession; and ``(H) <<NOTE: Coordination.>> integrating and coordinating pricing, data, and fare collection with other regional operators that exist or may be developed. ``(2) Expert services.--An eligible entity seeking to leverage public and private funding in connection with the development of an early-stage approved infrastructure asset, including in the development of alternative approaches to project delivery or procurement, may use amounts made available from a grant under this section to retain the services of an expert firm to provide to the eligible entity direct project level assistance, which services may include-- ``(A) project planning, feasibility studies, revenue forecasting, economic assessments and cost-benefit analyses, public benefit studies, value-for-money analyses, business case development, lifecycle cost analyses, risk assessment, [[Page 135 STAT. 1319]] financing and funding options analyses, procurement alternatives analyses, statutory and regulatory framework analyses and other pre-procurement and pre- construction activities; ``(B) financial and legal planning (including the identification of statutory authorization, funding, and financing options); ``(C) early assessment of permitting, environmental review, and regulatory processes and costs; and ``(D) assistance with entering into an asset concession. ``(e) Distribution.-- ``(1) Maximum amount.-- ``(A) Technical assistance grants.--The maximum amount of a technical assistance grant under subsection (d)(1) shall be $2,000,000. ``(B) Expert services.--The maximum amount of the value of expert services retained by an eligible entity under subsection (d)(2) shall be $2,000,000. ``(2) Cost sharing.-- ``(A) In general.--Except as provided in subparagraph (B), the Federal share of the cost of an activity carried out under this section may be up to 100 percent. ``(B) Certain projects.--If the amount of the grant provided to an eligible entity under this section is more than $1,000,000, the Federal share of the cost of an activity carried out using grant amounts in excess of $1,000,000 shall be 50 percent. ``(3) <<NOTE: Time period.>> Statewide maximum.--The aggregate amount made available under this section to eligible entities within a State shall not exceed, on a cumulative basis for all eligible entities within the State during any 3-year period, $4,000,000. ``(f) Requirements.-- ``(1) In general.--The Secretary shall ensure that, as a condition of receiving a grant under this section, for any asset concession for which the grant provides direct assistance-- ``(A) the asset concession shall not prohibit, discourage, or make it more difficult for an eligible entity to construct new infrastructure, to provide or expand transportation services, or to manage associated infrastructure in publicly beneficial ways, along a transportation corridor or in the proximity of a transportation facility that was a part of the asset concession; ``(B) <<NOTE: Deadline. Public information. Certification.>> the eligible entity shall have adopted binding rules to publish all major business terms of the proposed asset concession not later than the date that is 30 days before entering into the asset concession, to enable public review, including a certification of public interest based on the results of an assessment under subparagraph (D); ``(C) the asset concession shall not result in displacement, job loss, or wage reduction for the existing workforce of the eligible entity or other public entities; ``(D) <<NOTE: Analysis. Assessment. Determination.>> 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; [[Page 135 STAT. 1320]] ``(E) the full amount of any asset concession payment received by the eligible entity under the asset concession, less any amount paid for transaction costs relating to the asset concession, shall be used to pay infrastructure costs of the eligible entity; and ``(F) the terms of the asset concession shall not result in any increase in costs under the asset concession being shifted to taxpayers the annual household income of whom is less than $400,000 per year, including through taxes, user fees, tolls, or any other measure, for use of an approved infrastructure asset. ``(2) <<NOTE: Deadline.>> 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) <<NOTE: Evaluation.>> the eligible entity shall hire an independent auditor to evaluate the performance of the concessionaire based on the requirements described in paragraph (1); and ``(B) <<NOTE: Public information. Reports.>> the independent auditor shall submit to the eligible entity, and make publicly available, a report describing the results of the audit under subparagraph (A). ``(3) Treatment.--Unless otherwise provided under paragraph (1), the Secretary shall not, as a condition of receiving a grant under this section, prohibit or otherwise prevent an eligible entity from entering into, or receiving any asset concession payment under, an asset concession for an approved infrastructure asset owned, controlled, or maintained by the eligible entity. ``(4) Applicability of federal laws.--Nothing in this section exempts a concessionaire or an eligible entity from a compliance obligation with respect to any applicable Federal or State law that would otherwise apply to the concessionaire, the eligible entity, or an approved infrastructure asset. ``(g) Funding.-- ``(1) <<NOTE: Effective date. Time period. Transfer authority.>> In general.--On October 1, 2021, and on each October 1 thereafter through October 1, 2025, out of any funds in the Treasury not otherwise appropriated, the Secretary of the Treasury shall transfer to the Secretary to carry out this section $20,000,000, to remain available until expended. ``(2) Receipt and acceptance.--The Secretary shall be entitled to receive, shall accept, and shall use to carry out this section the funds transferred under paragraph (1), without further appropriation.''. (2) Clerical amendment.--The analysis for chapter 6 of title 23, United States Code, <<NOTE: 23 USC 601 prec.>> is amended by adding at the end the following: ``611. Asset concessions and innovative finance assistance.''. (b) Asset Recycling Report.--Not later than August 1, 2024, the Secretary shall submit to Congress a report that includes-- (1) <<NOTE: Analysis.>> an analysis of any impediments in applicable laws, regulations, and practices to increased use of public-private partnerships and private investment in transportation improvements; and (2) <<NOTE: Proposals.>> proposals for approaches that address those impediments while continuing to protect the public interest and any public investment in transportation improvements. [[Page 135 STAT. 1321]] TITLE XI--CLEAN SCHOOL BUSES AND FERRIES SEC. 71101. CLEAN SCHOOL BUS PROGRAM. Section 741 of the Energy Policy Act of 2005 (42 U.S.C. 16091) is amended to read as follows: ``SEC. 741. CLEAN SCHOOL BUS PROGRAM. ``(a) Definitions.--In this section: ``(1) Administrator.--The term `Administrator' means the Administrator of the Environmental Protection Agency. ``(2) Alternative fuel.--The term `alternative fuel' means liquefied natural gas, compressed natural gas, hydrogen, propane, or biofuels. ``(3) Clean school bus.--The term `clean school bus' means a school bus that-- ``(A) the Administrator certifies reduces emissions and is operated entirely or in part using an alternative fuel; or ``(B) is a zero-emission school bus. ``(4) Eligible contractor.--The term `eligible contractor' means a contractor that is a for-profit, not-for-profit, or nonprofit entity that has the capacity-- ``(A) to sell clean school buses, zero-emission school buses, charging or fueling infrastructure, or other equipment needed to charge, fuel, or maintain clean school buses or zero-emission school buses, to individuals or entities that own a school bus or a fleet of school buses; or ``(B) to arrange financing for such a sale. ``(5) Eligible recipient.-- ``(A) In general.--Subject to subparagraph (B), the term `eligible recipient' means-- ``(i) 1 or more local or State governmental entities responsible for-- ``(I) providing school bus service to 1 or more public school systems; or ``(II) the purchase of school buses; ``(ii) an eligible contractor; ``(iii) a nonprofit school transportation association; or ``(iv) an Indian Tribe (as defined in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304)), Tribal organization (as defined in that section), or tribally controlled school (as defined in section 5212 of the Tribally Controlled Schools Act of 1988 (25 U.S.C. 2511)) that is responsible for-- ``(I) providing school bus service to 1 or more Bureau-funded schools (as defined in section 1141 of the Education Amendments of 1978 (25 U.S.C. 2021)); or ``(II) the purchase of school buses. ``(B) Special requirements.--In the case of eligible recipients identified under clauses (ii) and (iii) of subparagraph (A), the Administrator shall establish timely and appropriate requirements for notice and shall establish [[Page 135 STAT. 1322]] timely and appropriate requirements for approval by the public school systems that would be served by buses purchased using award funds made available under this section. ``(6) <<NOTE: Determinations.>> High-need local educational agency.--The term `high-need local educational agency' means a local educational agency (as defined in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801)) that is among the local educational agencies in the applicable State with high percentages of children counted under section 1124(c) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6333(c)), on the basis of the most recent satisfactory data available, as determined by the Secretary of Education (or, for a local educational agency for which no such data is available, such other data as the Secretary of Education determines to be satisfactory). ``(7) School bus.--The term `school bus' has the meaning given the term `schoolbus' in section 30125(a) of title 49, United States Code. ``(8) Zero-emission school bus.--The term `zero-emission school bus' means a school bus that is certified by the Administrator to have a drivetrain that produces, under any possible operational mode or condition, zero exhaust emission of-- ``(A) any air pollutant that is listed pursuant to section 108(a) of the Clean Air Act (42 U.S.C. 7408(a)) (or any precursor to such an air pollutant); and ``(B) any greenhouse gas. ``(b) Program for Replacement of Existing School Buses With Clean School Buses and Zero-emission School Buses.-- ``(1) <<NOTE: Grants. Contracts.>> Establishment.--The Administrator shall establish a program-- ``(A) to award grants and rebates on a competitive basis to eligible recipients for the replacement of existing school buses with clean school buses; ``(B) to award grants and rebates on a competitive basis to eligible recipients for the replacement of existing school buses with zero-emission school buses; ``(C) to award contracts to eligible contractors to provide rebates for the replacement of existing school buses with clean school buses; and ``(D) to award contracts to eligible contractors to provide rebates for the replacement of existing school buses with zero-emission school buses. ``(2) Allocation of funds.--Of the amounts made available for awards under paragraph (1) in a fiscal year, the Administrator shall award-- ``(A) 50 percent to replace existing school buses with zero-emission school buses; and ``(B) 50 percent to replace existing school buses with clean school buses and zero-emission school buses. ``(3) <<NOTE: Criteria.>> Considerations.--In making awards under paragraph (2)(B), the Administrator shall take into account the following criteria and shall not give preference to any individual criterion: ``(A) Lowest overall cost of bus replacement. ``(B) Local conditions, including the length of bus routes and weather conditions. ``(C) Technologies that most reduce emissions. [[Page 135 STAT. 1323]] ``(D) Whether funds will bring new technologies to scale or promote cost parity between old technology and new technology. ``(4) Priority of applications.--In making awards under paragraph (1), the Administrator may prioritize applicants that-- ``(A) propose to replace school buses that serve-- ``(i) a high-need local educational agency; ``(ii) a Bureau-funded school (as defined in section 1141 of the Education Amendments of 1978 (25 U.S.C. 2021)); or ``(iii) a local educational agency that receives a basic support payment under section 7003(b)(1) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7703(b)(1)) for children who reside on Indian land; ``(B) serve rural or low-income areas; or ``(C) propose to complement the assistance received through the award by securing additional sources of funding for the activities supported through the award, such as through-- ``(i) public-private partnerships; ``(ii) grants from other entities; or ``(iii) issuance of school bonds. ``(5) Use of school bus fleet.--All clean school buses and zero-emission school buses acquired with funds provided under this section shall-- ``(A) be operated as part of the school bus fleet for which the award was made for not less than 5 years; ``(B) be maintained, operated, and charged or fueled according to manufacturer recommendations or State requirements; and ``(C) not be manufactured or retrofitted with, or otherwise have installed, a power unit or other technology that creates air pollution within the school bus, such as an unvented diesel passenger heater. ``(6) Awards.-- ``(A) In general.--In making awards under paragraph (1), the Administrator may make awards for up to 100 percent of the costs for replacement of existing school buses with clean school buses, zero-emission school buses, and charging or fueling infrastructure. ``(B) Structuring awards.--In making an award under paragraph (1)(A), the Administrator shall decide whether to award a grant or rebate, or a combination thereof, based primarily on how best to facilitate replacing existing school buses with clean school buses or zero- emission school buses, as applicable. ``(7) Deployment and distribution.-- ``(A) In general.--The Administrator shall-- ``(i) to the maximum extent practicable, achieve nationwide deployment of clean school buses and zero-emission school buses through the program under this section; and ``(ii) ensure a broad geographic distribution of awards. [[Page 135 STAT. 1324]] ``(B) Limitation.--The Administrator shall ensure that the amount received by all eligible entities in a State from grants and rebates under this section does not exceed 10 percent of the amounts made available to carry out this section during a fiscal year. ``(8) Annual report.--Not later than January 31 of each year, the Administrator shall submit to Congress a report that evaluates the implementation of this section and describes-- ``(A) the total number of applications received; ``(B) the quantity and amount of grants and rebates awarded and the location of the recipients of the grants and rebates; ``(C) the criteria used to select the recipients; and ``(D) any other information the Administrator considers appropriate. ``(c) Education and Outreach.-- ``(1) <<NOTE: Deadline.>> In general.--Not later than 120 days after the date of enactment of the Infrastructure Investment and Jobs Act, the Administrator shall develop an education and outreach program to promote and explain the award program under this section. ``(2) Coordination with stakeholders.--The education and outreach program under paragraph (1) shall be designed and conducted in conjunction with interested stakeholders. ``(3) Components.--The education and outreach program under paragraph (1) shall-- ``(A) inform potential award recipients on the process of applying for awards and fulfilling the requirements of awards; ``(B) describe the available technologies and the benefits of using the technologies; ``(C) explain the benefits and costs incurred by participating in the award program; ``(D) make available information regarding best practices, lessons learned, and technical and other information regarding-- ``(i) clean school bus and zero-emission school bus acquisition and deployment; ``(ii) the build-out of associated infrastructure and advance planning with the local electricity supplier; ``(iii) workforce development, training, and Registered Apprenticeships that meet the requirements under parts 29 and 30 of title 29, Code of Federal Regulations (as in effect on December 1, 2019); and ``(iv) <<NOTE: Determination.>> any other information that is necessary, as determined by the Administrator; and ``(E) include, as appropriate, information from the annual report required under subsection (b)(7). ``(d) Administrative Costs.--The Administrator may use, for the administrative costs of carrying out this section, not more than 3 percent of the amounts made available to carry out this section for any fiscal year. ``(e) Regulations.--The Administrator shall have the authority to issue such regulations or other guidance, forms, instructions, and publications as may be necessary or appropriate to carry out the programs, projects, or activities authorized under this section, including to ensure that such programs, projects, or activities are [[Page 135 STAT. 1325]] completed in a timely and effective manner, result in emissions reductions, and maximize public health benefits. ``(f) <<NOTE: Time period.>> Authorization of Appropriations.-- There is authorized to be appropriated to the Administrator to carry out this section, to remain available until expended, $1,000,000,000 for each of fiscal years 2022 through 2026, of which-- ``(1) $500,000,000 shall be made available for the adoption of clean school buses and zero-emission school buses; and ``(2) $500,000,000 shall be made available for the adoption of zero-emission school buses.''. SEC. 71102. ELECTRIC OR LOW-EMITTING FERRY PILOT PROGRAM. (a) Definitions.--In this section: (1) Alternative fuel.--The term ``alternative fuel'' means-- (A) methanol, denatured ethanol, and other alcohols; (B) a mixture containing at least 85 percent of methanol, denatured ethanol, and other alcohols by volume with gasoline or other fuels; (C) natural gas; (D) liquefied petroleum gas; (E) hydrogen; (F) fuels (except alcohol) derived from biological materials; (G) electricity (including electricity from solar energy); and (H) <<NOTE: Regulations.>> any other fuel the Secretary prescribes by regulation that is not substantially petroleum and that would yield substantial energy security and environmental benefits. (2) Electric or low-emitting ferry.--The term ``electric or low-emitting ferry'' means a ferry that reduces emissions by utilizing alternative fuels or onboard energy storage systems and related charging infrastructure to reduce emissions or produce zero onboard emissions under normal operation. (3) Secretary.--The term ``Secretary'' means the Secretary of Transportation. (b) Establishment.--The Secretary shall carry out a pilot program to provide grants for the purchase of electric or low-emitting ferries and the electrification of or other reduction of emissions from existing ferries. (c) Requirement.--In carrying out the pilot program under this section, the Secretary shall ensure that-- (1) not less than 1 grant under this section shall be for a ferry service that serves the State with the largest number of Marine Highway System miles; and (2) not less than 1 grant under this section shall be for a bi-State ferry service-- (A) with an aging fleet; and (B) whose development of zero and low emission power source ferries will propose to advance the state of the technology toward increasing the range and capacity of zero emission power source ferries. (d) <<NOTE: Time period.>> Authorization of Appropriations.--There is authorized to be appropriated to the Secretary to carry out this section $50,000,000 for each of fiscal years 2022 through 2026. [[Page 135 STAT. 1326]] SEC. 71103. <<NOTE: 23 USC 147 note.>> FERRY SERVICE FOR RURAL COMMUNITIES. (a) Definitions.--In this section: (1) Basic essential ferry service.--The term ``basic essential ferry service'' means scheduled ferry transportation service. (2) Eligible service.--The term ``eligible service'' means a ferry service that-- (A) operated a regular schedule at any time during the 5-year period ending on March 1, 2020; and (B) served not less than 2 rural areas located more than 50 sailing miles apart. (3) Rural area.--The term ``rural area'' has the meaning given the term in section 5302 of title 49, United States Code. (4) Secretary.--The term ``Secretary'' means the Secretary of Transportation. (b) Establishment.--The Secretary shall establish a program to ensure that basic essential ferry service is provided to rural areas by providing funds to States to provide such basic essential ferry service. (c) <<NOTE: Requirements.>> Program Criteria.--The Secretary shall establish requirements and criteria for participation in the program under this section, including requirements for the provision of funds to States. (d) Waivers.--The Secretary shall establish criteria for the waiver of any requirement under this section. (e) Treatment.-- (1) Not attributable to urbanized areas.--An eligible service that receives funds from a State under this section shall not be attributed to an urbanized area for purposes of apportioning funds under chapter 53 of title 49, United States Code. (2) No receipt of certain apportioned funds.--An eligible service that receives funds from a State under this section shall not receive funds apportioned under section 5336 or 5337 of title 49, United States Code, in the same fiscal year. (f) <<NOTE: Time period.>> Funding.--There is authorized to be appropriated to the Secretary to carry out this section $200,000,000 for each of fiscal years 2022 through 2026. (g) Operating Costs.-- (1) Section 147 of title 23, United States Code, is amended by adding at the end the following: ``(k) Additional Uses.--Notwithstanding any other provision of law, in addition to other uses of funds under this section, an eligible entity may use amounts made available under this section to pay the operating costs of the eligible entity.''. (2) Section 218(c) of title 23, United States Code (as amended by section 11116 of division A), is amended by inserting ``operation, repair,'' after ``purchase,''. SEC. 71104. EXPANDING THE FUNDING AUTHORITY FOR RENOVATING, CONSTRUCTING, AND EXPANDING CERTAIN FACILITIES. Section 509 of the Indian Health Care Improvement Act (25 U.S.C. 1659) is amended-- (1) by striking ``minor'' before ``renovations''; and (2) by striking ``, to assist'' and all that follows through ``standards''. [[Page 135 STAT. 1327]] DIVISION H--REVENUE PROVISIONS TITLE I--HIGHWAY TRUST FUND SEC. 80101. EXTENSION OF HIGHWAY TRUST FUND EXPENDITURE AUTHORITY. (a) Highway Trust Fund.--Section 9503 of the Internal Revenue Code of 1986 <<NOTE: 26 USC 9503.>> is amended-- (1) by striking ``October 1, 2021'' in subsections (b)(6)(B), (c)(1), and (e)(3) and inserting ``October 1, 2026'', and (2) by striking ``Continuing Appropriations Act, 2021 and Other Extensions Act'' in subsections (c)(1) and (e)(3) and inserting ``Infrastructure Investment and Jobs Act''. (b) Sport Fish Restoration and Boating Trust Fund.--Section 9504 of such Code is amended-- (1) by striking ``Continuing Appropriations Act, 2021 and Other Extensions Act'' each place it appears in subsection (b)(2) and inserting ``Infrastructure Investment and Jobs Act'', and (2) by striking ``October 1, 2021'' in subsection (d)(2) and inserting ``October 1, 2026''. (c) Leaking Underground Storage Tank Trust Fund.--Section 9508(e)(2) of such Code is amended by striking ``October 1, 2021'' and inserting ``October 1, 2026''. SEC. 80102. EXTENSION OF HIGHWAY-RELATED TAXES. (a) In General.-- (1) Each of the following provisions of the Internal Revenue Code of 1986 is amended by striking ``September 30, 2022'' and inserting ``September 30, 2028'': (A) Section 4041(a)(1)(C)(iii)(I). (B) Section 4041(m)(1)(B). (C) Section 4081(d)(1). (2) Each of the following provisions of such Code is amended by striking ``October 1, 2022'' and inserting ``October 1, 2028'': (A) Section 4041(m)(1)(A). (B) Section 4051(c). (C) Section 4071(d). (D) Section 4081(d)(3). (b) Extension of Tax, etc., on Use of Certain Heavy Vehicles.--Each of the following provisions of the Internal Revenue Code of 1986 is amended by striking ``2023'' each place it appears and inserting ``2029'': (1) Section 4481(f). (2) Subsections (c)(4) and (d) of section 4482. (c) Floor Stocks Refunds.--Section 6412(a)(1) of the Internal Revenue Code of 1986 is amended-- (1) by striking ``October 1, 2022'' each place it appears and inserting ``October 1, 2028''; (2) by striking ``March 31, 2023'' each place it appears and inserting ``March 31, 2029''; and (3) by striking ``January 1, 2023'' and inserting ``January 1, 2029''. (d) Extension of Certain Exemptions.-- (1) Section 4221(a) of the Internal Revenue Code of 1986 is amended by striking ``October 1, 2022'' and inserting ``October 1, 2028''. [[Page 135 STAT. 1328]] (2) Section 4483(i) of such Code <<NOTE: 26 USC 4483.>> is amended by striking ``October 1, 2023'' and inserting ``October 1, 2029''. (e) Extension of Transfers of Certain Taxes.-- (1) In general.--Section 9503 of the Internal Revenue Code of 1986 is amended-- (A) in subsection (b)-- (i) by striking ``October 1, 2022'' each place it appears in paragraphs (1) and (2) and inserting ``October 1, 2028''; (ii) by striking ``October 1, 2022'' in the heading of paragraph (2) and inserting ``October 1, 2028''; (iii) by striking ``September 30, 2022'' in paragraph (2) and inserting ``September 30, 2028''; and (iv) by striking ``July 1, 2023'' in paragraph (2) and inserting ``July 1, 2029''; and (B) in subsection (c)(2), by striking ``July 1, 2023'' and inserting ``July 1, 2029''. (2) Motorboat and small-engine fuel tax transfers.-- (A) In general.--Paragraphs (3)(A)(i) and (4)(A) of section 9503(c) of such Code are each amended by striking ``October 1, 2022'' and inserting ``October 1, 2028''. (B) Conforming amendments to land and water conservation fund.--Section 200310 of title 54, United States Code, is amended-- (i) by striking ``October 1, 2023'' each place it appears and inserting ``October 1, 2029''; and (ii) by striking ``October 1, 2022'' and inserting ``October 1, 2028''. (f) Effective Date.--The amendments made by this section shall take effect on October 1, 2021. SEC. 80103. FURTHER ADDITIONAL TRANSFERS TO TRUST FUND. Subsection (f) of section 9503 of the Internal Revenue Code of 1986 is amended by redesignating paragraph (11) as paragraph (12) and inserting after paragraph (10) the following new paragraph: ``(11) Further transfers to trust fund.--Out of money in the Treasury not otherwise appropriated, there is hereby appropriated-- ``(A) $90,000,000,000 to the Highway Account (as defined in subsection (e)(5)(B)) in the Highway Trust Fund; and ``(B) $28,000,000,000 to the Mass Transit Account in the Highway Trust Fund.''. TITLE II--CHEMICAL SUPERFUND SEC. 80201. EXTENSION AND MODIFICATION OF CERTAIN SUPERFUND EXCISE TAXES. (a) Extension.-- (1) In general.--Section 4661(c) of the Internal Revenue Code of 1986 is amended to read as follows: ``(c) Termination.--No tax shall be imposed by this section after December 31, 2031.''. (2) Imported substances.--Section 4671(e) of the Internal Revenue Code of 1986 is amended to read as follows: [[Page 135 STAT. 1329]] ``(e) Termination.--No tax shall be imposed by this section after December 31, 2031.''. (b) Modification of Rates.-- (1) In general.--Section 4661(b) of the Internal Revenue Code of 1986 <<NOTE: 26 USC 4661.>> is amended to read as follows: ``(b) Amount of Tax.--The amount of tax imposed by subsection (a) shall be determined in accordance with the following table: ------------------------------------------------------------------------ The tax is the following ``In the case of: amount per ton: ------------------------------------------------------------------------ Acetylene.................................... $9.74 Benzene...................................... 9.74 Butane....................................... 9.74 Butylene..................................... 9.74 Butadiene.................................... 9.74 Ethylene..................................... 9.74 Methane...................................... 6.88 Napthalene................................... 9.74 Propylene.................................... 9.74 Toluene...................................... 9.74 Xylene....................................... 9.74 Ammonia...................................... 5.28 Antimony..................................... 8.90 Antimony trioxide............................ 7.50 Arsenic...................................... 8.90 Arsenic trioxide............................. 6.82 Barium sulfide............................... 4.60 Bromine...................................... 8.90 Cadmium...................................... 8.90 Chlorine..................................... 5.40 Chromium..................................... 8.90 Chromite..................................... 3.04 Potassium dichromate......................... 3.38 Sodium dichromate............................ 3.74 Cobalt....................................... 8.90 Cupric sulfate............................... 3.74 Cupric oxide................................. 7.18 Cuprous oxide................................ 7.94 Hydrochloric acid............................ 0.58 Hydrogen fluoride............................ 8.46 Lead oxide................................... 8.28 Mercury...................................... 8.90 Nickel....................................... 8.90 Phosphorus................................... 8.90 Stannous chloride............................ 5.70 Stannic chloride............................. 4.24 Zinc chloride................................ 4.44 Zinc sulfate................................. 3.80 Potassium hydroxide.......................... 0.44 Sodium hydroxide............................. 0.56 Sulfuric acid................................ 0.52 Nitric acid.................................. 0.48.''. ------------------------------------------------------------------------ ''. [[Page 135 STAT. 1330]] (2) Rate on taxable substances where importer does not furnish information to the secretary.--Section 4671(b)(2) of such Code <<NOTE: 26 USC 4671.>> is amended by striking ``5 percent'' and inserting ``10 percent''. (c) Rules Relating to Taxable Substances.-- (1) Modification of determination of taxable substances.-- Section 4672(a)(2)(B) of the Internal Revenue Code of 1986 is amended by striking ``50 percent'' each place it appears and inserting ``20 percent''. (2) <<NOTE: 26 USC 4672 note.>> Presumption as a taxable substance for prior determinations.--Except as otherwise determined by the Secretary of the Treasury (or the Secretary's delegate), any substance which was determined to be a taxable substance by reason of section 4672(a)(2) of the Internal Revenue Code of 1986 prior to the date of enactment of this Act shall continue to be treated as a taxable substance for purposes of such section after such date. (3) <<NOTE: 26 USC 4672 note.>> 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) <<NOTE: 26 USC 4661 note.>> Effective Date.--The amendments made by this section shall take effect on July 1, 2022. TITLE III--CUSTOMS USER FEES SEC. 80301. EXTENSION OF CUSTOMS USER FEES. (a) In General.--Section 13031(j)(3) of the Consolidated Omnibus Budget Reconciliation Act of 1985 (19 U.S.C. 58c(j)(3)) is amended-- (1) in subparagraph (A), by striking ``September 30, 2030'' and inserting ``September 30, 2031''; and (2) in subparagraph (B)(i), by striking ``September 30, 2030'' and inserting ``September 30, 2031''. (b) Rate for Merchandise Processing Fees.--Section 503 of the United States-Korea Free Trade Agreement Implementation Act (Public Law 112-41; 19 U.S.C. 3805 note) is amended by striking ``September 30, 2030'' and inserting ``September 30, 2031''. TITLE IV--BOND PROVISIONS SEC. 80401. PRIVATE ACTIVITY BONDS FOR QUALIFIED BROADBAND PROJECTS. (a) In General.--Section 142(a) of the Internal Revenue Code of 1986 <<NOTE: 26 USC 142.>> is amended by striking ``or'' at the end of paragraph (14), by striking the period at the end of paragraph (15) and inserting ``, or'', and by adding at the end the following new paragraph: ``(16) qualified broadband projects.''. (b) Qualified Broadband Projects.--Section 142 of such Code is amended by adding at the end the following new subsection: ``(n) Qualified Broadband Project.-- ``(1) In general.--For purposes of subsection (a)(16), the term `qualified broadband project' means any project which-- ``(A) is designed to provide broadband service solely to 1 or more census block groups in which more than [[Page 135 STAT. 1331]] 50 percent of residential households do not have access to fixed, terrestrial broadband service which delivers at least 25 megabits per second downstream and at least 3 megabits service upstream, and ``(B) results in internet access to residential locations, commercial locations, or a combination of residential and commercial locations at speeds not less than 100 megabits per second for downloads and 20 megabits for second for uploads, but only if at least 90 percent of the locations provided such access under the project are locations where, before the project, a broadband service provider-- ``(i) did not provide service, or ``(ii) did not provide service meeting the minimum speed requirements described in subparagraph (A). ``(2) Notice to broadband providers.--A project shall not be treated as a qualified broadband project unless, before the issue date of any issue the proceeds of which are to be used to fund the project, the issuer-- ``(A) notifies each broadband service provider providing broadband service in the area within which broadband services are to be provided under the project of the project and its intended scope, ``(B) includes in such notice a request for information from each such provider with respect to the provider's ability to deploy, manage, and maintain a broadband network capable of providing gigabit capable Internet access to residential or commercial locations, and ``(C) <<NOTE: Time period.>> allows each such provider at least 90 days to respond to such notice and request.''. (c) Partial Exception From Volume Cap.-- (1) In general.--Section 146(g) of the Internal Revenue Code of 1986 <<NOTE: 26 USC 146.>> is amended by striking ``and'' at the end of paragraph (3), by striking the period at the end of paragraph (4) and inserting ``, and'', and by inserting immediately after paragraph (4) the following new paragraph: ``(5) 75 percent of any exempt facility bond issued as part of an issue described in paragraph (16) of section 142(a) (relating to qualified broadband projects).''. (2) Government-owned projects.--The last sentence of section 146(g) of such Code is amended by striking ``Paragraph (4)'' and inserting ``Paragraphs (4) and (5)''. (d) <<NOTE: 26 USC 142 note.>> Effective Date.--The amendments made by this section shall apply to obligations issued in calendar years beginning after the date of the enactment of this Act. SEC. 80402. CARBON DIOXIDE CAPTURE FACILITIES. (a) In General.--Section 142(a) of the Internal Revenue Code of 1986, as amended by section 80401, is amended by striking ``or'' at the end of paragraph (15), by striking the period at the end of paragraph (16) and inserting ``, or'', and by adding at the end the following new paragraph: ``(17) qualified carbon dioxide capture facilities.''. (b) Qualified Carbon Dioxide Capture Facilities.--Section 142 of such Code, as amended by section 80401, is amended by adding at the end the following new subsection: ``(o) Qualified Carbon Dioxide Capture Facility.-- [[Page 135 STAT. 1332]] ``(1) In general.--For purposes of subsection (a)(17), the term `qualified carbon dioxide capture facility' means-- ``(A) the eligible components of an industrial carbon dioxide facility, and ``(B) a direct air capture facility (as defined in section 45Q(e)(1)). ``(2) Definitions.--For purposes of this subsection: ``(A) Eligible component.-- ``(i) In general.--The term `eligible component' means any equipment which is installed in an industrial carbon dioxide facility that satisfies the requirements under paragraph (3) and which is-- ``(I) used for the purpose of capture, treatment and purification, compression, transportation, or on-site storage of carbon dioxide produced by the industrial carbon dioxide facility, or ``(II) integral or functionally related and subordinate to a process which converts a solid or liquid product from coal, petroleum residue, biomass, or other materials which are recovered for their energy or feedstock value into a synthesis gas composed primarily of carbon dioxide and hydrogen for direct use or subsequent chemical or physical conversion. ``(ii) Definitions.--For purposes of this subparagraph-- ``(I) Biomass.-- ``(aa) In general.--The term `biomass' means any-- ``(AA) agricultural or plant waste, ``(BB) byproduct of wood or paper mill operations, including lignin in spent pulping liquors, and ``(CC) other products of forestry maintenance. ``(bb) Exclusion.--The term `biomass' does not include paper which is commonly recycled. ``(II) Coal.--The term `coal' means anthracite, bituminous coal, subbituminous coal, lignite, and peat. ``(B) Industrial carbon dioxide facility.-- ``(i) In general.--Except as provided in clause (ii), the term `industrial carbon dioxide facility' means a facility that emits carbon dioxide (including from any fugitive emissions source) that is created as a result of any of the following processes: ``(I) Fuel combustion. ``(II) Gasification. ``(III) Bioindustrial. ``(IV) Fermentation. ``(V) Any manufacturing industry relating to-- ``(aa) chemicals, ``(bb) fertilizers, ``(cc) glass, ``(dd) steel, ``(ee) petroleum residues, [[Page 135 STAT. 1333]] ``(ff) forest products, ``(gg) agriculture, including feedlots and dairy operations, and ``(hh) transportation grade liquid fuels. ``(ii) Exceptions.--For purposes of clause (i), an industrial carbon dioxide facility shall not include-- ``(I) any geological gas facility, or ``(II) any air separation unit that-- ``(aa) does not qualify as gasification equipment, or ``(bb) is not a necessary component of an oxy-fuel combustion process. ``(iii) Definitions.--For purposes of this subparagraph-- ``(I) Petroleum residue.--The term `petroleum residue' means the carbonized product of high-boiling hydrocarbon fractions obtained in petroleum processing. ``(II) Geological gas facility.--The term `geological gas facility' means a facility that-- ``(aa) produces a raw product consisting of gas or mixed gas and liquid from a geological formation, ``(bb) transports or removes impurities from such product, or ``(cc) separates such product into its constituent parts. ``(3) Special rule for facilities with less than 65 percent capture and storage percentage.-- ``(A) In general.--Subject to subparagraph (B), the eligible components of an industrial carbon dioxide facility satisfies the requirements of this paragraph if such eligible components are designed to have a capture and storage percentage (as determined under subparagraph (C)) that is equal to or greater than 65 percent. ``(B) Exception.--In the case of an industrial carbon dioxide facility designed with a capture and storage percentage that is less than 65 percent, the percentage of the cost of the eligible components installed in such facility that may be financed with tax-exempt bonds may not be greater than the designed capture and storage percentage. ``(C) Capture and storage percentage.-- ``(i) In general.--Subject to clause (ii), the capture and storage percentage shall be an amount, expressed as a percentage, equal to the quotient of-- ``(I) the total metric tons of carbon dioxide designed to be annually captured, transported, and injected into-- ``(aa) a facility for geologic storage, or ``(bb) an enhanced oil or gas recovery well followed by geologic storage, divided by ``(II) the total metric tons of carbon dioxide which would otherwise be released into the atmosphere each year as industrial emission of greenhouse gas if the eligible components were [[Page 135 STAT. 1334]] not installed in the industrial carbon dioxide facility. ``(ii) Limited application of eligible components.--In the case of eligible components that are designed to capture carbon dioxide solely from specific sources of emissions or portions thereof within an industrial carbon dioxide facility, the capture and storage percentage under this subparagraph shall be determined based only on such specific sources of emissions or portions thereof. ``(4) <<NOTE: Determination.>> Regulations.--The Secretary shall issue such regulations or other guidance as are necessary to carry out the provisions of this subsection, including methods for determining costs attributable to an eligible component for purposes of paragraph (3)(A).''. (c) Volume Cap.--Section 146(g) of such Code, as amended by section 80401, <<NOTE: 26 USC 146.>> is amended by striking ``and'' at the end of paragraph (4), by striking the period at the end of paragraph (5) and inserting ``, and'', and by inserting immediately after paragraph (5) the following new paragraph: ``(6) 75 percent of any exempt facility bond issued as part of an issue described in paragraph (17) of section 142(a) (relating to qualified carbon dioxide capture facilities).''. (d) Clarification of Private Business Use.--Section 141(b)(6) of such Code is amended by adding at the end the following new subparagraph: ``(C) Clarification relating to qualified carbon dioxide capture facilities.--For purposes of this subsection, the sale of carbon dioxide produced by a qualified carbon dioxide capture facility (as defined in section 142(o)) which is owned by a governmental unit shall not constitute private business use.''. (e) Coordination With Credit for Carbon Oxide Sequestration.-- Section 45Q(f) of such Code is amended by adding at the end the following new paragraph: ``(3) Credit reduced for certain tax-exempt bonds.--The amount of the credit determined under subsection (a) with respect to any project for any taxable year shall be reduced by the amount which is the product of the amount so determined for such year and the lesser of \1/2\ or a fraction-- ``(A) the numerator of which is the sum, for the taxable year and all prior taxable years, of the proceeds from an issue described in section 142(a)(17) used to provide financing for the project the interest on which is exempt from tax under section 103, and ``(B) the denominator of which is the aggregate amount of additions to the capital account for the project for the taxable year and all prior taxable years. The amounts under the preceding sentence for any taxable year shall be determined as of the close of the taxable year.''. (f) <<NOTE: 26 USC 45Q note.>> Effective Date.--The amendments made by this section shall apply to obligations issued after December 31, 2021. [[Page 135 STAT. 1335]] SEC. 80403. INCREASE IN NATIONAL LIMITATION AMOUNT FOR QUALIFIED HIGHWAY OR SURFACE FREIGHT TRANSPORTATION FACILITIES. (a) In General.--Section 142(m)(2)(A) of the Internal Revenue Code of 1986 <<NOTE: 26 USC 142.>> is amended by striking ``$15,000,000,000'' and inserting ``$30,000,000,000''. (b) <<NOTE: 26 USC 142 note.>> Effective Date.--The amendment made by this section shall apply to bonds issued after the date of the enactment of this Act. TITLE V--RELIEF FOR TAXPAYERS AFFECTED BY DISASTERS OR OTHER CRITICAL EVENTS SEC. 80501. MODIFICATION OF AUTOMATIC EXTENSION OF CERTAIN DEADLINES IN THE CASE OF TAXPAYERS AFFECTED BY FEDERALLY DECLARED DISASTERS. (a) In General.--Section 7508A(d) of the Internal Revenue Code of 1986 is amended-- (1) in paragraph (1)-- (A) by striking ``the latest incident date so specified'' in subparagraph (B) and inserting ``the later of such earliest incident date described in subparagraph (A) or the date such declaration was issued'', and (B) by striking ``in the same manner as a period specified under subsection (a)'' and inserting ``in determining, under the internal revenue laws, in respect of any tax liability of such qualified taxpayer, whether any of the acts described in subparagraphs (A) through (F) of section 7508(a)(1) were performed within the time prescribed therefor (determined without regard to extension under any other provision of this subtitle for periods after the date determined under subparagraph (B))'', (2) by striking paragraph (3) and inserting the following: ``(3) <<NOTE: Definition.>> Disaster area.--For purposes of this subsection, the term `disaster area' means an area in which a major disaster for which the President provides financial assistance under section 408 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5174) occurs.'', and (3) by adding at the end the following: ``(6) <<NOTE: Time period. Determination.>> Multiple declarations.--For purposes of paragraph (1), in the case of multiple declarations relating to a disaster area which are issued within a 60-day period, a separate period shall be determined under such paragraph with respect to each such declaration.''. (b) <<NOTE: 26 USC 7508A note.>> Effective Date.--The amendment made by this section shall apply to federally declared disasters declared after the date of enactment of this Act. SEC. 80502. MODIFICATIONS OF RULES FOR POSTPONING CERTAIN ACTS BY REASON OF SERVICE IN COMBAT ZONE OR CONTINGENCY OPERATION. (a) In General.--Section 7508(a)(1) of the Internal Revenue Code of 1986 is amended-- [[Page 135 STAT. 1336]] (1) by striking subparagraph (C) and inserting the following: ``(C) Filing a petition with the Tax Court, or filing a notice of appeal from a decision of the Tax Court;'', and (2) by inserting ``or in respect of any erroneous refund'' after ``any tax'' in subparagraph (J). (b) <<NOTE: 26 USC 7508 note.>> Effective Date.--The amendments made by this section shall apply to any period for performing an act which has not expired before the date of the enactment of this Act. SEC. 80503. TOLLING OF TIME FOR FILING A PETITION WITH THE TAX COURT. (a) In General.--Section 7451 of the Internal Revenue Code of 1986 <<NOTE: 26 USC 7451.>> is amended-- (1) by striking ``The Tax Court'' and inserting the following: ``(a) Fees.--The Tax Court'', and (2) by adding at the end the following new subsection: ``(b) Tolling of Time in Certain Cases.-- ``(1) In general.--Notwithstanding any other provision of this title, in any case (including by reason of a lapse in appropriations) in which a filing location is inaccessible or otherwise unavailable to the general public on the date a petition is due, the relevant time period for filing such petition shall be tolled for the number of days within the period of inaccessibility plus an additional 14 days. ``(2) Filing location.--For purposes of this subsection, the term `filing location' means-- ``(A) the office of the clerk of the Tax Court, or ``(B) any on-line portal made available by the Tax Court for electronic filing of petitions.''. (b) Conforming Amendments.-- (1) The heading for section 7451 of the Internal Revenue Code of 1986 is amended by striking ``fee for filing petition'' and inserting ``petitions''. (2) The item in the table of contents for part II of subchapter C of chapter 76 of such Code <<NOTE: 26 USC 7451 prec.>> is amended by striking ``Fee for filing petition'' and inserting ``Petitions''. (c) <<NOTE: 26 USC 7451 note.>> Effective Date.--The amendments made by this section shall apply to petitions required to be timely filed (determined without regard to the amendments made by this section) after the date of enactment of this Act. SEC. 80504. AUTHORITY TO POSTPONE CERTAIN TAX DEADLINES BY REASON OF SIGNIFICANT FIRES. (a) In General.--Section 7508A of the Internal Revenue Code of 1986 is amended-- (1) by inserting ``, a significant fire,'' after ``federally declared disaster (as defined in section 165(i)(5)(A))'' in subsection (a), (2) by inserting ``, fire,'' after ``disaster'' each place it appears in subsections (a)(1) and (b), and (3) by adding at the end the following new subsection: ``(e) Significant Fire.--For purposes of this section, the term `significant fire' means any fire with respect to which assistance is provided under section 420 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act.''. (b) Conforming Amendments.-- [[Page 135 STAT. 1337]] (1) The heading of section 7508A of the Internal Revenue Code of 1986 <<NOTE: 26 USC 7508A.>> is amended by striking ``presidentially declared disaster'' and inserting ``federally declared disaster, significant fire,''. (2) The item relating to section 7508A in the table of sections for chapter 77 of such Code <<NOTE: 26 USC 7501 prec.>> is amended by striking ``Presidentially declared disaster'' and inserting ``Federally declared disaster, significant fire,''. (c) <<NOTE: 26 USC 7508A note.>> Effective Date.--The amendments made by this section shall apply to fires for which assistance is provided after the date of the enactment of this Act. TITLE VI--OTHER PROVISIONS SEC. 80601. MODIFICATION OF TAX TREATMENT OF CONTRIBUTIONS TO THE CAPITAL OF A CORPORATION. (a) In General.--Section 118 of the Internal Revenue Code of 1986 is amended-- (1) in subsection (b), by inserting ``except as provided in subsection (c),'' after ``For purposes of subsection (a),'', (2) by redesignating subsection (d) as subsection (e), and (3) by striking subsection (c) and inserting the following: ``(c) Special Rules for Water and Sewerage Disposal Utilities.-- ``(1) <<NOTE: Definition.>> General rule.--For purposes of this section, the term `contribution to the capital of the taxpayer' includes any amount of money or other property received from any person (whether or not a shareholder) by a regulated public utility which provides water or sewerage disposal services if-- ``(A) such amount is-- ``(i) a contribution in aid of construction, or ``(ii) a contribution to the capital of such utility by a governmental entity providing for the protection, preservation, or enhancement of drinking water or sewerage disposal services, ``(B) in the case of a contribution in aid of construction which is property other than water or sewerage disposal facilities, such amount meets the requirements of the expenditure rule of paragraph (2), and ``(C) such amount (or any property acquired or constructed with such amount) is not included in the taxpayer's rate base for ratemaking purposes. ``(2) Expenditure rule.--An amount meets the requirements of this paragraph if-- ``(A) an amount equal to such amount is expended for the acquisition or construction of tangible property described in section 1231(b)-- ``(i) which is the property for which the contribution was made or is of the same type as such property, and ``(ii) which is used predominantly in the trade or business of furnishing water or sewerage disposal services, ``(B) the expenditure referred to in subparagraph (A) occurs before the end of the second taxable year after the year in which such amount was received, and [[Page 135 STAT. 1338]] ``(C) accurate records are kept of the amounts contributed and expenditures made, the expenditures to which contributions are allocated, and the year in which the contributions and expenditures are received and made. ``(3) Definitions.--For purposes of this subsection-- ``(A) <<NOTE: Regulations.>> Contribution in aid of construction.--The term `contribution in aid of construction' shall be defined by regulations prescribed by the Secretary, except that such term shall not include amounts paid as service charges for starting or stopping services. ``(B) Predominantly.--The term `predominantly' means 80 percent or more. ``(C) Regulated public utility.--The term `regulated public utility' has the meaning given such term by section 7701(a)(33), except that such term shall not include any utility which is not required to provide water or sewerage disposal services to members of the general public in its service area. ``(4) Disallowance of deductions and credits; adjusted basis.--Notwithstanding any other provision <<NOTE: Applicability.>> of this subtitle, no deduction or credit shall be allowed for, or by reason of, any expenditure which constitutes a contribution in aid of construction to which this subsection applies. The adjusted basis of any property acquired with contributions in aid of construction to which this subsection applies shall be zero. ``(d) <<NOTE: Assessment. Time period.>> Statute of Limitations.-- If the taxpayer for any taxable year treats an amount as a contribution to the capital of the taxpayer described in subsection (c)(1)(A)(i), then-- ``(1) the statutory period for the assessment of any deficiency attributable to any part of such amount shall not expire before the expiration of 3 years from the date the Secretary is notified by the taxpayer (in such manner as the Secretary may prescribe) of-- ``(A) the amount of the expenditure referred to in subparagraph (A) of subsection (c)(2), ``(B) the taxpayer's intention not to make the expenditures referred to in such subparagraph, or ``(C) a failure to make such expenditure within the period described in subparagraph (B) of subsection (c)(2), and ``(2) such deficiency may be assessed before the expiration of such 3-year period notwithstanding the provisions of any other law or rule of law which would otherwise prevent such assessment.''. (b) <<NOTE: 26 USC 118 note.>> Effective Date.--The amendments made by this section shall apply to contributions made after December 31, 2020. SEC. 80602. EXTENSION OF INTEREST RATE STABILIZATION. (a) Funding Stabilization Under the Internal Revenue Code of 1986.-- The table in subclause (II) of section 430(h)(2)(C)(iv) of the Internal Revenue Code of 1986 <<NOTE: 26 USC 430.>> is amended to read as follows: [[Page 135 STAT. 1339]] ---------------------------------------------------------------------------------------------------------------- The applicable minimum ``If the calendar year is: percentage is: The applicable maximum percentage is: ---------------------------------------------------------------------------------------------------------------- Any year in the period starting in 90%.......................... 110% 2012 and ending in 2019. Any year in the period starting in 95%.......................... 105% 2020 and ending in 2030. 2031.................................. 90%.......................... 110% 2032.................................. 85%.......................... 115% 2033.................................. 80%.......................... 120% 2034.................................. 75%.......................... 125% After 2034............................ 70%.......................... 130%.''. ---------------------------------------------------------------------------------------------------------------- (b) Funding Stabilization Under Employee Retirement Income Security Act of 1974.-- (1) In general.--The table in subclause (II) of section 303(h)(2)(C)(iv) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1083(h)(2)(C)(iv)) is amended to read as follows: ---------------------------------------------------------------------------------------------------------------- The applicable minimum ``If the calendar year is: percentage is: The applicable maximum percentage is: ---------------------------------------------------------------------------------------------------------------- Any year in the period starting in 90%.......................... 110% 2012 and ending in 2019. Any year in the period starting in 95%.......................... 105% 2020 and ending in 2030. 2031.................................. 90%.......................... 110% 2032.................................. 85%.......................... 115% 2033.................................. 80%.......................... 120% 2034.................................. 75%.......................... 125% After 2034............................ 70%.......................... 130%.''. ---------------------------------------------------------------------------------------------------------------- (2) Conforming amendments.-- (A) In general.--Section 101(f)(2)(D) of such Act (29 U.S.C. 1021(f)(2)(D)) is amended-- (i) in clause (i), by striking ``and the American Rescue Plan Act of 2021'' both places it appears and inserting ``, the American Rescue Plan Act of 2021, and the Infrastructure Investment and Jobs Act'', and (ii) in clause (ii), by striking ``2029'' and inserting ``2034''. (B) <<NOTE: 29 USC 1021 note.>> Statements.--The Secretary of Labor shall modify the statements required under subclauses (I) and (II) of section 101(f)(2)(D)(i) of such Act to conform to the amendments made by this section. (c) <<NOTE: 26 USC 430 note.>> Effective Date.--The amendments made by this section shall apply with respect to plan years beginning after December 31, 2021. SEC. 80603. INFORMATION REPORTING FOR BROKERS AND DIGITAL ASSETS. (a) Clarification of Definition of Broker.--Section 6045(c)(1) of the Internal Revenue Code of 1986 <<NOTE: 26 USC 6045.>> is amended-- (1) by striking ``and'' at the end of subparagraph (B), [[Page 135 STAT. 1340]] (2) in subparagraph (C)-- (A) by striking ``any other person who (for a consideration)'' and inserting ``any person who (for consideration)'', and (B) by striking the period at the end and inserting ``, and'', and (3) by inserting after subparagraph (C) the following new subparagraph: ``(D) any person who (for consideration) is responsible for regularly providing any service effectuating transfers of digital assets on behalf of another person.''. (b) Reporting of Digital Assets.-- (1) Brokers.-- (A) Treatment as specified security.--Section 6045(g)(3)(B) of the Internal Revenue Code of 1986 <<NOTE: 26 USC 6045.>> is amended by striking ``and'' at the end of clause (iii), by redesignating clause (iv) as clause (v), and by inserting after clause (iii) the following new clause: ``(iv) any digital asset, and''. (B) Definition of digital asset.--Section 6045(g)(3) of such Code is amended by adding at the end the following new subparagraph: ``(D) Digital asset.--Except as otherwise provided by the Secretary, the term `digital asset' means any digital representation of value which is recorded on a cryptographically secured distributed ledger or any similar technology as specified by the Secretary.''. (C) Applicable date.--Section 6045(g)(3)(C) of such Code is amended-- (i) in clause (ii), by striking ``and'' at the end, (ii) by redesignating clause (iii) as clause (iv), and (iii) by inserting after clause (ii) the following: ``(iii) January 1, 2023, in the case of any specified security which is a digital asset, and''. (2) Furnishing of information.-- (A) In general.--Section 6045A of such Code is amended-- (i) in subsection (a), by striking ``a security which is'', and (ii) by adding at the end the following: ``(d) Return Requirement for Certain Transfers of Digital Assets Not Otherwise Subject to Reporting.--Any broker, <<NOTE: Determination.>> with respect to any transfer (which is not part of a sale or exchange executed by such broker) during a calendar year of a covered security which is a digital asset from an account maintained by such broker to an account which is not maintained by, or an address not associated with, a person that such broker knows or has reason to know is also a broker, shall make a return for such calendar year, in such form as determined by the Secretary, showing the information otherwise required to be furnished with respect to transfers subject to subsection (a).''. (B) Reporting penalties.--Section 6724(d)(1)(B) of such Code is amended by striking ``or'' at the end of clause (xxv), by striking ``and'' at the end of clause (xxvi), and by inserting after clause (xxvi) the following new clause: ``(xxvii) section 6045A(d) (relating to returns for certain digital assets),''. [[Page 135 STAT. 1341]] (3) Treatment as cash for purposes of section 6050i.-- Section 6050I(d) of such Code <<NOTE: 26 USC 6050I.>> is amended by striking ``and'' at the end of paragraph (1), by striking the period at the end of paragraph (2) and inserting ``, and'', and by inserting after paragraph (2) the following new paragraph: ``(3) any digital asset (as defined in section 6045(g)(3)(D)).''. (c) <<NOTE: 26 USC 6045 note.>> Effective Date.--The amendments made by this section shall apply to returns required to be filed, and statements required to be furnished, after December 31, 2023. (d) <<NOTE: 26 USC 6045 note.>> Rule of Construction.--Nothing in this section or the amendments made by this section shall be construed to create any inference, for any period prior to the effective date of such amendments, with respect to-- (1) whether any person is a broker under section 6045(c)(1) of the Internal Revenue Code of 1986, or (2) whether any digital asset is property which is a specified security under section 6045(g)(3)(B) of such Code. SEC. 80604. TERMINATION OF EMPLOYEE RETENTION CREDIT FOR EMPLOYERS SUBJECT TO CLOSURE DUE TO COVID-19. (a) In General.--Section 3134 of the Internal Revenue Code of 1986 is amended-- (1) in subsection (c)(5)-- (A) in subparagraph (A), by adding ``and'' at the end, (B) in subparagraph (B), by striking ``, and'' at the end and inserting a period, and (C) by striking subparagraph (C), and (2) in subsection (n), by striking ``January 1, 2022'' and inserting ``October 1, 2021 (or, in the case of wages paid by an eligible employer which is a recovery startup business, January 1, 2022)''. (b) <<NOTE: 26 USC 3134 note.>> Effective Date.--The amendments made by this section shall apply to calendar quarters beginning after September 30, 2021. DIVISION I--OTHER MATTERS SEC. 90001. EXTENSION OF DIRECT SPENDING REDUCTIONS THROUGH FISCAL YEAR 2031. Section 251A(6) of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 901a(6)) is amended-- (1) in subparagraph (B), in the matter preceding clause (i), by striking ``2030'' and inserting ``2031''; and (2) in subparagraph (C)-- (A) in the matter preceding clause (i), by striking ``2030'' and inserting ``2031''; (B) in clause (i)-- (i) by striking ``5 \1/2\'' and inserting ``6''; (ii) by striking ``2.0'' and inserting ``4.0''; and (iii) by striking the semicolon at the end and inserting ``; and''; (C) in clause (ii)-- (i) by striking ``6-month period beginning on the day after the last day of the period described in clause (i)'' and inserting ``second 6 months''; (ii) by striking ``4.0'' and inserting ``0''; and [[Page 135 STAT. 1342]] (iii) by striking ``; and'' and inserting a period; and (D) by striking clause (iii). SEC. 90002. STRATEGIC PETROLEUM RESERVE DRAWDOWN AND SALE. (a) <<NOTE: 42 USC 6241 note.>> Drawdown and Sale.-- (1) In general.--Notwithstanding section 161 of the Energy Policy and Conservation Act (42 U.S.C. 6241), except as provided in subsections (b) and (c), the Secretary of Energy shall draw down and sell from the Strategic Petroleum Reserve 87,600,000 barrels of crude oil during the period of fiscal years 2028 through 2031. (2) Timing.--Subject to paragraph (1) and subsection (c)(1), in determining the timing of each drawdown and sale from the Strategic Petroleum Reserve during the period of fiscal years 2028 through 2031 under paragraph (1), to the maximum extent practicable, the Secretary shall maximize the financial return to the United States taxpayers. (3) Deposit of amounts received from sale.--Amounts received from a sale under paragraph (1) shall be deposited in the general fund of the Treasury during the fiscal year in which the sale occurs. (4) SPR petroleum account.--The Secretary of the Treasury shall deposit in the SPR Petroleum Account established under section 167(a) of the Energy Policy and Conservation Act (42 U.S.C. 6247(a)) $43,500,000, to be used to carry out paragraph (1) in accordance with section 167 of the Energy Policy and Conservation Act (42 U.S.C. 6247). (b) Emergency Protection.--The Secretary of Energy shall not draw down and sell crude oil under subsection (a) in a quantity that would limit the authority to sell petroleum products under subsection (h) of section 161 of the Energy Policy and Conservation Act (42 U.S.C. 6241) in the full quantity authorized by that subsection. (c) Limitations.-- (1) In general.--The Secretary of Energy shall not draw down or conduct sales of crude oil under subsection (a) after the date on which a total of $6,100,000,000 has been deposited in the general fund of the Treasury from sales authorized under that subsection. (2) Minimum volume.--Section 161(h)(2) of the Energy Policy and Conservation Act (42 U.S.C. 6241(h)(2)) is amended by striking ``340,000,000'' each place it appears and inserting ``252,400,000''. SEC. 90003. FINDINGS REGARDING UNUSED UNEMPLOYMENT INSURANCE FUNDS. Congress finds the following: (1) On July 16, 2021, the Congressional Budget Office (in this section referred to as ``CBO'') reduced its projected cost of the extension of expanded unemployment compensation as enacted in the American Rescue Plan Act of 2021 (P.L. 117-2). (2) CBO budget projections included mandatory outlays for the expansion totaling $144,000,000,000 in 2021 and $8,000,000,000 in 2022. That estimated cost is $50,000,000,000 less in 2021, and $3,000,000,000 less in 2022, than anticipated in CBO's March 2021 cost estimate. [[Page 135 STAT. 1343]] (3) CBO reduced its projections of those costs for two major reasons. First, several States have announced that they are discontinuing one or more of the components of expanded unemployment compensation before the expansion's authorization ends in September 2021. In its original estimate, CBO projected that all States would participate in the programs until September. Second, because of the improving economy, the agency has lowered its forecast of the unemployment rate, resulting in fewer projected beneficiaries for the programs, which also reduced projected costs. (4) It is estimated that there are approximately $53,000,000,000 in savings from the amounts in the Treasury originally estimated to be spent on unemployment insurance funds (under the provisions of subtitle A of title II of division A of the CARES Act) not used by the States. SEC. 90004. REQUIRING MANUFACTURERS OF CERTAIN SINGLE-DOSE CONTAINER OR SINGLE-USE PACKAGE DRUGS PAYABLE UNDER PART B OF THE MEDICARE PROGRAM TO PROVIDE REFUNDS WITH RESPECT TO DISCARDED AMOUNTS OF SUCH DRUGS. Section 1847A of the Social Security Act (42 U.S.C. 1395w-3a) is amended-- (1) by redesignating subsection (h) as subsection (i); and (2) by inserting after subsection (g) the following new subsection: ``(h) Refund for Certain Discarded Single-dose Container or Single- use Package Drugs.-- ``(1) Secretarial provision of information.-- ``(A) <<NOTE: Effective date.>> In general.--For each calendar quarter beginning on or after January 1, 2023, the Secretary shall, with respect to a refundable single-dose container or single-use package drug (as defined in paragraph (8)), report to each manufacturer (as defined in subsection (c)(6)(A)) of such refundable single-dose container or single-use package drug the following for the calendar quarter: ``(i) <<NOTE: Determination.>> Subject to subparagraph (C), information on the total number of units of the billing and payment code of such drug, if any, that were discarded during such quarter, as determined using a mechanism such as the JW modifier used as of the date of enactment of this subsection (or any such successor modifier that includes such data as determined appropriate by the Secretary). ``(ii) The refund amount that the manufacturer is liable for pursuant to paragraph (3). ``(B) Determination of discarded amounts.--For purposes of subparagraph (A)(i), with respect to a refundable single-dose container or single-use package drug furnished during a quarter, the amount of such drug that was discarded shall be determined based on the amount of such drug that was unused and discarded for each drug on the date of service. ``(C) Exclusion of units of packaged drugs.--The total number of units of the billing and payment code of a refundable single-dose container or single-use package drug of a manufacturer furnished during a calendar quarter [[Page 135 STAT. 1344]] for purposes of subparagraph (A)(i), and the determination of the estimated total allowed charges for the drug in the quarter for purposes of paragraph (3)(A)(ii), shall not include such units that are packaged into the payment amount for an item or service and are not separately payable. ``(2) <<NOTE: Effective date.>> Manufacturer requirement.-- For each calendar quarter beginning on or after January 1, 2023, the manufacturer of a refundable single-dose container or single-use package drug shall, for such drug, provide to the Secretary a refund that is equal to the amount specified in paragraph (3) for such drug for such quarter. ``(3) Refund amount.-- ``(A) <<NOTE: Effective date.>> In general.--The amount of the refund specified in this paragraph is, with respect to a refundable single-dose container or single-use package drug of a manufacturer assigned to a billing and payment code for a calendar quarter beginning on or after January 1, 2023, an amount equal to the estimated amount (if any) by which-- ``(i) the product of-- ``(I) the total number of units of the billing and payment code for such drug that were discarded during such quarter (as determined under paragraph (1)); and ``(II)(aa) in the case of a refundable single-dose container or single-use package drug that is a single source drug or biological, the amount of payment determined for such drug or biological under subsection (b)(1)(B) for such quarter; or ``(bb) in the case of a refundable single-dose container or single-use package drug that is a biosimilar biological product, the amount of payment determined for such product under subsection (b)(1)(C) for such quarter; exceeds ``(ii) an amount equal to the applicable percentage (as defined in subparagraph (B)) of the estimated total allowed charges for such drug under this part during the quarter. ``(B) Applicable percentage defined.-- ``(i) In general.--For purposes of subparagraph (A)(ii), the term `applicable percentage' means-- ``(I) subject to subclause (II), 10 percent; and ``(II) if applicable, in the case of a refundable single-dose container or single-use package drug described in clause (ii), a percentage specified by the Secretary pursuant to such clause. ``(ii) Treatment of drugs that have unique circumstances.--In the case <<NOTE: Notice. Regulations. Determination.>> of a refundable single-dose container or single- use package drug that has unique circumstances involving similar loss of product as that described in paragraph (8)(B)(ii), the Secretary, through notice and comment rulemaking, may increase the applicable percentage otherwise applicable under clause (i)(I) as determined appropriate by the Secretary. [[Page 135 STAT. 1345]] ``(4) <<NOTE: Determination.>> Frequency.--Amounts required to be refunded pursuant to paragraph (2) shall be paid in regular intervals (as determined appropriate by the Secretary). ``(5) Refund deposits.--Amounts paid as refunds pursuant to paragraph (2) shall be deposited into the Federal Supplementary Medical Insurance Trust Fund established under section 1841. ``(6) Enforcement.-- ``(A) Audits.-- ``(i) Manufacturer audits.--Each manufacturer of a refundable single-dose container or single- use package drug that is required to provide a refund under this subsection shall be subject to periodic audit with respect to such drug and such refunds by the Secretary. ``(ii) Provider audits.--The Secretary shall conduct periodic audits of claims submitted under this part with respect to refundable single-dose container or single-use package drugs in accordance with the authority under section 1833(e) to ensure compliance with the requirements applicable under this subsection. ``(B) Civil money penalty.-- ``(i) In general.--The Secretary shall impose a civil money penalty on a manufacturer of a refundable single-dose container or single-use package drug who has failed to comply with the requirement under paragraph (2) for such drug for a calendar quarter in an amount equal to the sum of-- ``(I) the amount that the manufacturer would have paid under such paragraph with respect to such drug for such quarter; and ``(II) 25 percent of such amount. ``(ii) Application.--The provisions of section 1128A (other than subsections (a) and (b)) shall apply to a civil money penalty under this subparagraph in the same manner as such provisions apply to a penalty or proceeding under section 1128A(a). ``(7) <<NOTE: Notice. Regulations.>> Implementation.--The Secretary shall implement this subsection through notice and comment rulemaking. ``(8) Definition of refundable single-dose container or single-use package drug.-- ``(A) In general.--Except as provided in subparagraph (B), in this subsection, the term `refundable single-dose container or single-use package drug' means a single source drug or biological (as defined in section 1847A(c)(6)(D)) or a biosimilar biological product (as defined in section 1847A(c)(6)(H)) for which payment is made under this part and that is furnished from a single-dose container or single-use package. ``(B) Exclusions.--The term `refundable single-dose container or single-use package drug' does not include-- ``(i) a drug or biological that is either a radiopharmaceutical or an imaging agent; ``(ii) a drug or biological approved by the Food and Drug Administration for which dosage and administration instructions included in the labeling [[Page 135 STAT. 1346]] require filtration during the drug preparation process, prior to dilution and administration, and require that any unused portion of such drug after the filtration process be discarded after the completion of such filtration process; or ``(iii) <<NOTE: Effective date. Time period.>> a drug or biological approved by the Food and Drug Administration on or after the date of enactment of this subsection and with respect to which payment has been made under this part for fewer than 18 months. ``(9) Report to congress.--Not later than 3 years after the date of enactment of this subsection, the Office of the Inspector General, after consultation with the Centers for Medicare & Medicaid Services and the Food and Drug Administration, shall submit to the Committee on Finance of the Senate and the Committee on Energy and Commerce and the Committee on Ways and Means of the House of Representatives, a report on any impact this section is reported to have on the licensure, market entry, market retention, or marketing of biosimilar biological products. Such report shall be updated periodically at the direction of the Committee on Finance of the Senate and the Committee on Energy and Commerce and the Committee on Ways and Means of the House of Representatives.''. SEC. 90005. EXTENSION OF ENTERPRISE GUARANTEE FEES. Section 1327(f) of the Federal Housing Enterprises Financial Safety and Soundness Act of 1992 (12 U.S.C. 4547(f)) is amended by striking ``2021'' and inserting ``2032''. SEC. 90006. <<NOTE: 42 USC 1320a-7b note.>> MORATORIUM ON IMPLEMENTATION OF RULE RELATING TO ELIMINATING THE ANTI-KICKBACK STATUTE SAFE HARBOR PROTECTION FOR PRESCRIPTION DRUG REBATES. Notwithstanding any other provision of law, the Secretary of Health and Human Services shall not, prior to January 1, 2026, implement, administer, or enforce the provisions of the final rule published by the Office of the Inspector General of the Department of Health and Human Services on November 30, 2020, and titled ``Fraud and Abuse; Removal of Safe Harbor Protection for Rebates Involving Prescription Pharmaceuticals and Creation of New Safe Harbor Protection for Certain Point-of-Sale Reductions in Price on Prescription Pharmaceuticals and Certain Pharmacy Benefit Manager Service Fees'' (85 Fed. Reg. 76666). SEC. 90007. RESCISSION OF COVID-19 APPROPRIATIONS. (a) Economic Injury Disaster Loan Subsidy.-- (1) Rescission.--Of the unobligated balances from amounts made available under the heading ``Small Business Administration--Disaster Loans Program Account'' in title II of division B of the Paycheck Protection Program and Health Care Enhancement Act (Public Law 116-139), $13,500,000,000 are permanently rescinded. (2) Designation.--The amount rescinded pursuant to paragraph (1) that was previously designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act [[Page 135 STAT. 1347]] of 1985 is designated by the Congress as an emergency requirement pursuant to section 4112(a) of H. Con. Res. 71 (115th Congress), the concurrent resolution on the budget for fiscal year 2018, and to section 251(b) of the Balanced Budget and Emergency Deficit Control Act of 1985. (b) Targeted EIDL Advance.-- (1) Of the unobligated balances from amounts made available under the heading ``Small Business Administration--Targeted EIDL Advance'' in section 323(d)(1)(D) of division N of the Consolidated Appropriations Act, 2021 (Public Law 116-260), $17,578,000,000 are permanently rescinded. (2) Of the unobligated balances from amounts made available in section 5002(b) of the American Rescue Plan Act of 2021 (Public Law 117-2)-- (A) amounts may be transferred to and merged with ``Small Business Administration--Disaster Loans Program Account'' for the cost of direct loans authorized under section 7(b) of the Small Business Act (15 U.S.C. 636(b)); (B) not more than $500,000,000 may be transferred to ``Small Business Administration--Salaries and Expenses'' for necessary expenses, not otherwise provided for, of the Small Business Administration; and (C) not more than $992,000,000 may be transferred to, and merged with, ``Small Business Administration-- Business Loans Program Account'' for the cost of guaranteed loans as authorized by paragraphs (1) through (35) of section 7(a) of the Small Business Act (15 U.S.C. 636(a)), including the cost of carrying out sections 326, 327, and 328 of division N of the Consolidated Appropriations Act, 2021 (Public Law 116- 260). (c) Economic Stabilization Program.--Of the unobligated balances from amounts made available in section 4027(a) of the Coronavirus Aid, Relief, and Economic Security Act (15 U.S.C. 9601), $1,366,100,000 are permanently rescinded. (d) Business Loans Program Account.-- (1) Of the unobligated balances from amounts made available under the heading ``Small Business Administration--Business Loans Program Account, CARES Act'' in section 1107(a)(1) of the Coronavirus Aid, Relief, and Economic Security Act (Public Law 116-136), as amended by section 101(a)(2) of division A of the Paycheck Protection Program and Health Care Enhancement Act (Public Law 116-139), and in section 323(d)(1)(A) of division N of the Consolidated Appropriations Act, 2021 (Public Law 116- 260) for carrying out paragraphs (36) and (37) of section 7(a) of the Small Business Act (15 U.S.C. 636(a)), $4,684,000,000 are permanently rescinded. (2) Of the unobligated balances from amounts made available under the heading ``Small Business Administration--Business Loans Program Account'' in section 323(d)(1)(F) of division N of the Consolidated Appropriations Act, 2021 (Public Law 116-260), $992,000,000 are permanently rescinded. (e) Pandemic Relief for Aviation Workers, Coronavirus Aid, Relief, and Economic Security Act (CARES Act).--Of the unobligated balances from amounts made available in section 4120 of the Coronavirus Aid, Relief, and Economic Security Act (15 U.S.C. 9080), $3,000,000,000 are permanently rescinded. (f) Education Stabilization Fund.-- [[Page 135 STAT. 1348]] (1) Rescission.--Of the unobligated balances from amounts made available under the heading ``Education Stabilization Fund'' in title VIII of division B of the Coronavirus Aid, Relief, and Economic Security Act (Public Law 116-136) and in title III of division M of the Consolidated Appropriations Act, 2021 (Public Law 116-260) that were reserved for the Higher Education Emergency Relief Fund by sections 18004(a)(1) and 18004(a)(2) of division B of the Coronavirus Aid, Relief, and Economic Security Act (Public Law 116-136) and sections 314(a)(1), 314(a)(2), and 314(a)(4) of division M of the Consolidated Appropriations Act, 2021 (Public Law 116-260), $353,400,000 are permanently rescinded. (2) Designation.--The amount rescinded pursuant to paragraph (1) that was previously designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985 is designated by the Congress as an emergency requirement pursuant to section 4112(a) of H. Con. Res. 71 (115th Congress), the concurrent resolution on the budget for fiscal year 2018, and to section 251(b) of the Balanced Budget and Emergency Deficit Control Act of 1985. (g) Small Business Administration, Salaries and Expenses.-- (1) Rescission.--Of the unobligated balances from amounts made available under the heading ``Small Business Administration--Salaries and Expenses'' in section 1107(a)(2) of the Coronavirus Aid, Relief, and Economic Security Act (Public Law 116-136), in title II of division B of the Paycheck Protection Program and Health Care Enhancement Act (Public Law 116-139), and in section 323(d)(1)(C) of division N of the Consolidated Appropriations Act, 2021 (Public Law 116-260), $175,000,000 are permanently rescinded. (2) Designation.--The amount rescinded pursuant to paragraph (1) that was previously designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985 is designated by the Congress as an emergency requirement pursuant to section 4112(a) of H. Con. Res. 71 (115th Congress), the concurrent resolution on the budget for fiscal year 2018, and to section 251(b) of the Balanced Budget and Emergency Deficit Control Act of 1985. (h) Pandemic Relief for Aviation Workers.--Of the unobligated balances from amounts made available in section 411 of subtitle A of title IV of division N of the Consolidated Appropriations Act, 2021 (15 U.S.C. 9101), $200,000,000 are permanently rescinded. SEC. 90008. <<NOTE: 47 USC 921 note.>> SPECTRUM AUCTIONS. (a) Definitions.--In this section: (1) Commission.--The term ``Commission'' means the Federal Communications Commission. (2) Covered band.--The term ``covered band'' means the band of frequencies between 3100 and 3450 megahertz. (3) Relevant congressional committees.--The term ``relevant congressional committees'' means-- (A) the Committee on Armed Services of the Senate; (B) the Committee on Armed Services of the House of Representatives; [[Page 135 STAT. 1349]] (C) the Committee on Commerce, Science, and Transportation of the Senate; and (D) the Committee on Energy and Commerce of the House of Representatives. (b) 3.1-3.45 GHz Band.-- (1) Pre-auction funding.-- (A) <<NOTE: Effective date. Transfer authority.>> In general.--On the date of enactment of this Act, the Director of the Office of Management and Budget shall transfer $50,000,000 from the Spectrum Relocation Fund established under section 118 of the National Telecommunications and Information Administration Act (47 U.S.C. 928) to the Department of Defense for the purpose of research and development, engineering studies, economic analyses, activities with respect to systems, or other planning activities to improve efficiency and effectiveness of the spectrum use of the Department of Defense in order to make available electromagnetic spectrum in the covered band-- (i) for reallocation for shared Federal and non-Federal commercial licensed use; and (ii) for auction under paragraph (3) of this subsection. (B) Exemption.--Section 118(g) of the National Telecommunications and Information Administration Organization Act (47 U.S.C. 928(g)) shall not apply with respect to the payment required under subparagraph (A). (C) Report to secretary of commerce.--For purposes of paragraph (2)(A), the Secretary of Defense shall report to the Secretary of Commerce the findings of the planning activities described in subparagraph (A) of this paragraph. (2) <<NOTE: Determinations.>> Identification.-- (A) <<NOTE: Coordination.>> In general.--Not later than 21 months after the date of enactment of this Act, in accordance with the findings of the planning activities described in paragraph (1)(A) and subject to the determination of the Secretary of Defense under subparagraph (B) of this paragraph, the Secretary of Commerce, in coordination with the Secretary of Defense, the Director of the Office of Science and Technology Policy, and relevant congressional committees, shall-- (i) determine which frequencies of electromagnetic spectrum in the covered band could be made available on a shared basis between Federal use and non-Federal commercial licensed use, subject to flexible-use service rules; and (ii) submit to the President and the Commission a report that identifies the frequencies determined appropriate under clause (i). (B) Required determination.--The Secretary of Commerce may identify frequencies under subparagraph (A)(ii) only if the Secretary of Defense has determined that sharing those frequencies with non-Federal users would not impact the primary mission of military spectrum users in the covered band. (3) <<NOTE: Consultation.>> Auction.--Not earlier than November 30, 2024, the Commission, in consultation with the Assistant Secretary of [[Page 135 STAT. 1350]] Commerce for Communications and Information, shall begin a system of competitive bidding under section 309(j) of the Communications Act of 1934 (47 U.S.C. 309(j)) to grant new licenses for the spectrum identified under paragraph (2)(A)(ii) of this subsection. (4) <<NOTE: Deadline.>> Sharing of spectrum.--Not earlier than May 31, 2025, the President shall modify any assignment to a Federal Government station of the frequencies identified under clause (ii) of paragraph (2)(A) in order to accommodate shared Federal and non-Federal commercial licensed use in accordance with that paragraph. (5) Auction proceeds to cover 110 percent of federal relocation or sharing costs.--Nothing in this subsection shall be construed to relieve the Commission from the requirements under section 309(j)(16)(B) of the Communications Act of 1934 (47 U.S.C. 309(j)(16)(B)). (c) FCC Auction Authority.-- (1) Termination.--Section 309(j)(11) of the Communications Act of 1934 (47 U.S.C. 309(j)(11)) is amended by inserting after ``2025'' the following: ``, and with respect to the electromagnetic spectrum identified under section 90008(b)(2)(A)(ii) of the Infrastructure Investment and Jobs Act, such authority shall expire on the date that is 7 years after the date of enactment of that Act''. (2) Spectrum pipeline act of 2015.--Section 1006(c)(1) of the Spectrum Pipeline Act of 2015 (Public Law 114-74; 129 Stat. 624) is amended by striking ``2022'' and inserting ``2024''. DIVISION <<NOTE: Infrastructure Investments and Jobs Appropriations Act. Time periods.>> J--APPROPRIATIONS That the following sums are appropriated, out of any money in the Treasury not otherwise appropriated, for the fiscal year ending September 30, 2022, and for other purposes, namely: TITLE I--AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG ADMINISTRATION, AND RELATED AGENCIES DEPARTMENT OF AGRICULTURE FARM PRODUCTION AND CONSERVATION PROGRAMS Natural Resources Conservation Service watershed and flood prevention operations For an additional amount for ``Watershed and Flood Prevention Operations'', $500,000,000, to remain available until expended: Provided, That <<NOTE: Deadline. Spend plan. List.>> not later than 90 days after the date of enactment of this Act, the Secretary of Agriculture shall submit to the House and Senate Committees on Appropriations a detailed spend plan, including a list of project locations and project cost: Provided further, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 4112(a) of H. Con. Res. 71 (115th Congress), the concurrent resolution on the budget for fiscal year 2018, and to section 251(b) of the Balanced Budget and Emergency Deficit Control Act of 1985. [[Page 135 STAT. 1351]] watershed rehabilitation program For an additional amount for ``Watershed Rehabilitation Program'', $118,000,000, to remain available until expended: Provided, That not later <<NOTE: Deadline. Spend plan. List.>> than 90 days after the date of enactment of this Act, the Secretary of Agriculture shall submit to the House and Senate Committees on Appropriations a detailed spend plan, including a list of project locations and project cost: Provided further, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 4112(a) of H. Con. Res. 71 (115th Congress), the concurrent resolution on the budget for fiscal year 2018, and to section 251(b) of the Balanced Budget and Emergency Deficit Control Act of 1985. emergency watershed protection program For an additional amount for ``Emergency Watershed Protection Program'' to repair damages to the waterways and watersheds resulting from natural disasters, $300,000,000, to remain available until expended: Provided, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 4112(a) of H. Con. Res. 71 (115th Congress), the concurrent resolution on the budget for fiscal year 2018, and to section 251(b) of the Balanced Budget and Emergency Deficit Control Act of 1985. RURAL DEVELOPMENT PROGRAMS Rural Utilities Service distance learning, telemedicine, and broadband program For an additional amount for ``Rural Utilities Service--Distance Learning, Telemedicine, and Broadband Program'', $2,000,000,000, to remain available until expended: Provided, That of the funds made available under this heading in this Act, $74,000,000 shall be for the cost of broadband loans, as authorized by section 601 of the Rural Electrification Act: Provided further, That, of the funds made available under this heading in this Act, $1,926,000,000 shall be for the broadband loan and grant pilot program established by section 779 of Public Law 115-141 under the Rural Electrification Act of 1936, as amended (7 U.S.C. 901 et seq.): Provided further, That at least 50 percent of the households to be served by a project receiving a loan or grant from funds provided under the preceding proviso shall be in a rural area, as defined in section 601(b)(3) of the Rural Electrification Act, without sufficient access to broadband defined for such funds as having speeds of not less than 25 megabits per second downloads and 3 megabits per second uploads: Provided further, That 10 percent of the amounts made available under this heading in this Act for the pilot program shall be set aside for service areas where at least 90 percent of households to be served by a project receiving a loan or grant are in a rural area without sufficient access to broadband, as defined in the preceding proviso: Provided further, That, to the extent possible, projects receiving funds provided under this heading in this Act for the pilot program must build out service to at least 100 megabits per second downloads and 20 megabits per second uploads: Provided further, That, <<NOTE: Determination.>> in administering the pilot program under this heading in this Act, the Secretary of Agriculture [[Page 135 STAT. 1352]] may, for purposes of determining entities eligible to receive assistance, consider those communities which are ``Areas Rural in Character'', as defined in section 343(a)(13)(D) of the Consolidated Farm and Rural Development Act: Provided further, That not more than $50,000,000 of the funds made available under this heading in this Act for the pilot program may be used for the purpose of the preceding proviso: Provided further, That pole attachment fees and replacements charged by electric cooperatives for the shared use of their utility poles shall be an eligible use of funds provided under this heading in this Act for the pilot program to enable the deployment of broadband in rural areas: <<NOTE: Waiver.>> Provided further, That the Secretary shall waive any matching funds required for pilot program projects funded from amounts provided under this heading in this Act for Alaska Native Corporations for federally-recognized Tribes, on substantially underserved Trust areas, as defined in 7 U.S.C. 936f(a)(2), and residents of a rural area that was recognized as a colonia as of October 1, 1989, and for projects in which 75 percent of the service area is a persistent poverty county or counties: Provided further, That <<NOTE: Definition.>> for purposes of the preceding proviso, the term ``persistent poverty counties'' means any county that has had 20 percent or more of its population living in poverty over the past 30 years, as measured by the 1990 and 2000 decennial censuses, and 2007- 2011 American Community Survey 5-6 year average, or any territory or possession of the United States: Provided further, That, in addition to other funds available for such purpose, not more than four percent of the amounts provided under this heading in this Act shall be for administrative costs to carry out the pilot program and broadband loans: Provided further, That up to three percent of the amounts provided under this heading in this Act shall be for technical assistance and predevelopment planning activities to support rural communities, of which $5,000,000 shall have a priority for the establishment and growth of cooperatives to offer broadband, which shall be transferred to and merged with the appropriation for ``Rural Development, Salaries and Expenses'': Provided further, That the Secretary of Agriculture shall collaborate, to the extent practicable, with the Commissioner of the Federal Communications Commission and the Assistant Secretary for Communications and Information at the National Telecommunications and Information Administration to carry out the amounts provided under this heading in this Act for the pilot program: Provided further, That <<NOTE: Transfer authority.>> the Secretary may transfer funds provided under this heading in this Act between broadband loans, as authorized by section 601 of the Rural Electrification Act, and the pilot program to accommodate demand: <<NOTE: Advance notice. Approval.>> Provided further, That no funds shall be transferred pursuant to the preceding proviso until the Secretary notifies in writing and receives approval from the Committees on Appropriations and Agriculture of both Houses of Congress at least 30 days in advance of the transfer of such funds or the use of such authority: Provided further, That for purposes of the amounts provided under this heading in this Act for the pilot program, the Secretary shall adhere to the notice, reporting, and service area assessment requirements set forth in section 701(a)-(d) of the Rural Electrification Act (7 U.S.C. 950cc(a)-(d)): Provided further, That such amount is designated by the Congress as being for an emergency requirement pursuant to section [[Page 135 STAT. 1353]] 4112(a) of H. Con. Res. 71 (115th Congress), the concurrent resolution on the budget for fiscal year 2018, and to section 251(b) of the Balanced Budget and Emergency Deficit Control Act of 1985. GENERAL PROVISION--THIS TITLE Sec. 101. In addition to amounts otherwise made available for such purpose, there is hereby appropriated $10,000,000, to remain available until expended, to carry out section 70501 of division G of this Act: Provided, That $5,000,000, to remain available until expended, shall be made available for fiscal year 2022 and $5,000,000, to remain available until expended, shall be made available for fiscal year 2023: Provided further, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 4112(a) of H. Con. Res. 71 (115th Congress), the concurrent resolution on the budget for fiscal year 2018, and to section 251(b) of the Balanced Budget and Emergency Deficit Control Act of 1985. TITLE II--COMMERCE, JUSTICE, SCIENCE, AND RELATED AGENCIES DEPARTMENT OF COMMERCE National Telecommunications and Information Administration broadband equity, access, and deployment program (including transfer of funds) For an additional amount for ``Broadband Equity, Access, and Deployment Program'', $42,450,000,000, to remain available until expended, for grants as authorized under section 60102 of division F of this Act: Provided, That <<NOTE: Deadline. Spend plan.>> not later than 90 days after the date of enactment of this Act, the Secretary of Commerce shall submit to the House and Senate Committees on Appropriations a detailed spend plan for fiscal year 2022: Provided further, That up to 2 percent of the amounts made available under this heading in this Act in fiscal year 2022 shall be for salaries and expenses, administration, and oversight, of which $12,000,000 shall be transferred to the Office of Inspector General of the Department of Commerce for oversight of funding provided to the National Telecommunications and Information Administration in this title in this Act: Provided further, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 4112(a) of H. Con. Res. 71 (115th Congress), the concurrent resolution on the budget for fiscal year 2018, and to section 251(b) of the Balanced Budget and Emergency Deficit Control Act of 1985. broadband connectivity fund For an additional amount for ``Broadband Connectivity Fund'', $2,000,000,000, to remain available until expended, for grants for the Tribal Broadband Connectivity Program, as authorized under section 905(c) of division N of the Consolidated Appropriations Act, 2021 (Public Law 116-260), as amended by section 60201 [[Page 135 STAT. 1354]] of division F this Act: Provided, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 4112(a) of H. Con. Res. 71 (115th Congress), the concurrent resolution on the budget for fiscal year 2018, and to section 251(b) of the Balanced Budget and Emergency Deficit Control Act of 1985. digital equity (including transfer of funds) For an additional amount for ``Digital Equity'', $2,750,000,000, to remain available until expended, for competitive grants as authorized under sections 60304 and 60305 of division F of this Act: Provided, That of the amount provided under this heading in this Act-- (1) $550,000,000, to remain available until expended, shall be made available for fiscal year 2022, of which $60,000,000 is for the award of grants under section 60304 (c)(3) of division F of this Act, $240,000,000 is for the award of grants under section 60304(d) of division F of this Act, and $250,000,000 is for the award of grants under section 60305 of division F of this Act; (2) $550,000,000, to remain available until expended, shall be made available for fiscal year 2023, of which $300,000,000 is for the award of grants under section 60304(d) of division F of this Act and $250,000,000 is for the award of grants under section 60305 of division F of this Act; (3) $550,000,000, to remain available until expended, shall be made available for fiscal year 2024, of which $300,000,000 is for the award of grants under section 60304(d) of division F of this Act and $250,000,000 is for the award of grants under section 60305 of division F of this Act; (4) $550,000,000, to remain available until expended, shall be made available for fiscal year 2025, of which $300,000,000 is for the award of grants under section 60304(d) of division F of this Act and $250,000,000 is for the award of grants under section 60305 of division F of this Act; and (5) $550,000,000, to remain available until expended, shall be made available for fiscal year 2026, of which $300,000,000 is for the award of grants under section 60304(d) of division F of this Act and $250,000,000 is for the award of grants under section 60305 of division F of this Act: Provided further, That <<NOTE: Notices. Deadline.>> the Secretary shall issue notices of funding opportunity not later than 180 days after each date upon which funds are made available under the preceding proviso: Provided further, That <<NOTE: Deadline.>> the Secretary shall make awards not later than 270 days after issuing the notices of funding opportunity required under the preceding proviso: Provided further, That up to 2 percent of the amounts made available in each fiscal year shall be for salaries and expenses, administration, and oversight, of which $1,000,000 in each of fiscal years 2022 through 2026 shall be transferred to the Office of Inspector General of the Department of Commerce for oversight of funding provided to the National Telecommunications and Information Administration in this title in this Act: Provided further, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 4112(a) [[Page 135 STAT. 1355]] of H. Con. Res. 71 (115th Congress), the concurrent resolution on the budget for fiscal year 2018, and to section 251(b) of the Balanced Budget and Emergency Deficit Control Act of 1985. middle mile deployment (including transfer of funds) For an additional amount for ``Middle Mile Deployment'', $1,000,000,000, to remain available September 30, 2026, for competitive grants as authorized under section 60401 of division F of this Act: Provided, That <<NOTE: Notices. Deadline.>> the Secretary of Commerce shall issue notices of funding opportunity not later than 180 days after the date of enactment of this Act: Provided further, That <<NOTE: Deadline.>> the Secretary of Commerce shall make awards not later than 270 days after issuing the notices of funding opportunity required under the preceding proviso: Provided further, That up to 2 percent of the amounts made available under this heading in this Act shall be for salaries and expenses, administration, and oversight, during fiscal years 2022 through 2026 of which $1,000,000 shall be transferred to the Office of Inspector General of the Department of Commerce for oversight of funding provided to the National Telecommunications and Information Administration in this title in this Act: Provided further, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 4112(a) of H. Con. Res. 71 (115th Congress), the concurrent resolution on the budget for fiscal year 2018, and to section 251(b) of the Balanced Budget and Emergency Deficit Control Act of 1985. National Oceanic and Atmospheric Administration operations, research, and facilities For an additional amount for ``Operations, Research, and Facilities'', $2,611,000,000, to remain available until September 30, 2027: Provided, That $557,250,000, to remain available until September 30, 2023, shall be made available for fiscal year 2022, $515,584,000, to remain available until September 30, 2024, shall be made available for fiscal year 2023, $515,583,000, to remain available until September 30, 2025, shall be made available for fiscal year 2024, $515,583,000, to remain available until September 30, 2026, shall be made available for fiscal year 2025, and $507,000,000, to remain available until September 30, 2027, shall be made available for fiscal year 2026: Provided further, That of the funds made available under this heading in this Act, the following amounts shall be for the following purposes in equal amounts for each of fiscal years 2022 through 2026, including for administrative costs, technical support, and oversight, unless stated otherwise-- (1) $492,000,000 shall be for National Oceans and Coastal Security Fund grants, as authorized under section 906(c) of division O of Public Law 114-113; (2) $491,000,000 shall be for contracts, grants, and cooperative agreements to provide funding and technical assistance for purposes of restoring marine, estuarine, coastal, or Great Lakes ecosystem habitat, or constructing or protecting ecological features that protect coastal communities from flooding or coastal storms; [[Page 135 STAT. 1356]] (3) $492,000,000 shall be for coastal and inland flood and inundation mapping and forecasting, and next-generation water modeling activities, including modernized precipitation frequency and probable maximum studies; (4) $25,000,000 shall be for data acquisition activities pursuant to section 511(b) of the Water Resources Development Act of 2020 (division AA of Public Law 116-260), of which $8,334,000 shall be available in fiscal year 2023 and $8,333,000 shall be available in each of fiscal years 2024 and 2025; (5) $50,000,000 shall be for wildfire prediction, detection, observation, modeling, and forecasting, for fiscal year 2022; (6) $1,000,000 shall be for the study of soil moisture and snowpack monitoring network in the Upper Missouri River Basin pursuant to section 511(b)(3) of the Water Resources Development Act of 2020 (division AA of Public Law 116-260), in equal amounts for each of fiscal years 2022 through 2025; (7) $150,000,000 shall be for marine debris assessment, prevention, mitigation, and removal; (8) $50,000,000 shall be for marine debris prevention and removal through the National Sea Grant College Program (33 U.S.C. 1121 et seq.); (9) $207,000,000 shall be for habitat restoration projects pursuant to section 310 of the Coastal Zone Management Act (16 U.S.C. 1456c), including ecosystem conservation pursuant to section 12502 of the Omnibus Public Land Management Act of 2009 (16 U.S.C. 1456-1), notwithstanding subsection (g) of that section; (10) $77,000,000 shall be for habitat restoration projects through the National Estuarine Research Reserve System (16 U.S.C. 1456c), including ecosystem conservation pursuant to section 12502 of the Omnibus Public Land Management Act of 2009 (16 U.S.C. 1456-1); (11) $100,000,000 shall be for supporting improved and enhanced coastal, ocean, and Great Lakes observing systems; (12) $56,000,000 shall be for established Regional Ocean Partnerships (ROPs) to coordinate the interstate and intertribal management of ocean and coastal resources and to implement their priority actions, including to enhance associated sharing and integration of Federal and non-Federal data by ROPs, or their equivalent; (13) $20,000,000 shall be for consultations and permitting related to the Endangered Species Act, the Marine Mammal Protection Act, and Essential Fish Habitat; and (14) $400,000,000 shall be for restoring fish passage by removing in-stream barriers and providing technical assistance pursuant to section 117 of the Magnuson-Stevens Fishery Conservation and Management Reauthorization Act of 2006 (16 U.S.C. 1891a), of which up to 15 percent shall be reserved for Indian Tribes or partnerships of Indian Tribes in conjunction with an institution of higher education, non-profit, commercial (for profit) organizations, U.S. territories, and state or local governments, and of which the remaining amount shall be for all eligible entities, including Indian Tribes and such partnerships of Indian Tribes: Provided further, That <<NOTE: Definition.>> under this heading the term Indian Tribe shall have the meaning given to the term in section 4 of the [[Page 135 STAT. 1357]] Indian Self-Determination and Education Act (25 U.S.C. 5304): Provided further, That nothing under this heading in this Act shall be construed as providing any new authority to remove, breach, or otherwise alter the operations of a Federal hydropower dam and dam removal projects shall include written consent of the dam owner, if ownership is established: <<NOTE: Consultation.>> Provided further, That amounts made available under this heading in this Act may be used for consultations and permitting related to the Endangered Species Act and the Marine Mammal Protection Act for projects funded under this heading in this Act: Provided further, That <<NOTE: Deadline. Spend plan.>> not later than 90 days after the date of enactment of this Act, the National Oceanic and Atmospheric Administration shall submit to the Committees on Appropriations of the House of Representatives and the Senate a detailed spend plan for fiscal year 2022: Provided further, That <<NOTE: Spend plan.>> for each of fiscal years 2023 through 2026, as part of the annual budget submission of the President under section 1105(a) of title 31, United States Code, the Secretary of Commerce shall submit a detailed spend plan for that fiscal year: Provided further, That <<NOTE: Waiver.>> the Secretary may waive or reduce the required non-Federal share for amounts made available under this heading in this Act: Provided further, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 4112(a) of H. Con. Res. 71 (115th Congress), the concurrent resolution on the budget for fiscal year 2018, and to section 251(b) of the Balanced Budget and Emergency Deficit Control Act of 1985. procurement, acquisition and construction For an additional amount for ``Procurement, Acquisition and Construction'', $180,000,000, to remain available until September 30, 2024, as follows: (1) $50,000,000 shall be for observation and dissemination infrastructure used for wildfire prediction, detection, and forecasting; (2) $80,000,000 shall be for research supercomputing infrastructure used for weather and climate model development to improve drought, flood, and wildfire prediction, detection, and forecasting; and (3) $50,000,000 shall be for coastal, ocean, and Great Lakes observing systems: Provided, That <<NOTE: Deadline. Spend plan.>> not later than 90 days after the date of enactment of this Act, the National Oceanic and Atmospheric Administration shall submit to the Committees on Appropriations of the House of Representatives and the Senate a detailed spend plan: Provided further, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 4112(a) of H. Con. Res. 71 (115th Congress), the concurrent resolution on the budget for fiscal year 2018, and to section 251(b) of the Balanced Budget and Emergency Deficit Control Act of 1985. pacific coastal salmon recovery For an additional amount for ``Pacific Coastal Salmon Recovery'', $172,000,000, to remain available until September 30, 2027: Provided, That $34,400,000, to remain available until September 30, 2023, shall be made available for fiscal year 2022, $34,400,000, to remain available until September 30, 2024, shall [[Page 135 STAT. 1358]] be made available for fiscal year 2023, $34,400,000, to remain available until September 30, 2025, shall be made available for fiscal year 2024, $34,400,000, to remain available until September 30, 2026, shall be made available for fiscal year 2025, and $34,400,000, to remain available until September 30, 2027, shall be made available for fiscal year 2026: Provided, That <<NOTE: Deadline. Spend plan.>> not later than 90 days after the date of enactment of this Act, the National Oceanic and Atmospheric Administration shall submit to the Committees on Appropriations of the House of Representatives and the Senate a spend plan for fiscal year 2022: Provided further, That for <<NOTE: Spend plan.>> each of fiscal years 2023 through 2026, as part of the annual budget submission of the President under section 1105(a) of title 31, United States Code, the Secretary of Commerce shall submit a detailed spend plan for that fiscal year: Provided further, That the Secretary <<NOTE: Waiver.>> may waive or reduce the required non- Federal share for amounts made available under this heading in this Act: Provided further, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 4112(a) of H. Con. Res. 71 (115th Congress), the concurrent resolution on the budget for fiscal year 2018, and to section 251(b) of the Balanced Budget and Emergency Deficit Control Act of 1985. TITLE III--ENERGY AND WATER DEVELOPMENT AND RELATED AGENCIES DEPARTMENT OF THE ARMY Corps of Engineers--Civil investigations For an additional amount for ``Investigations'', $150,000,000, to remain available until expended: Provided, That of the amount provided under this heading in this Act, $30,000,000 shall be used by the Secretary of the Army, acting through the Chief of Engineers, to undertake work authorized to be carried out in accordance with section 22 of the Water Resources Development Act of 1974 (Public Law 93-251; 42 U.S.C. 1962d-16), as amended: Provided further, That of the amount provided under this heading in this Act, $45,000,000 shall be used by the Secretary of the Army, acting through the Chief of Engineers, to undertake work authorized to be carried out in accordance with section 206 of the 1960 Flood Control Act (Public Law 86-645), as amended: Provided further, That of the amount provided under this heading in this Act, $75,000,000 shall be used for necessary expenses related to the completion, or initiation and completion, of studies which are authorized prior to the date of enactment of this Act, of which $30,000,000, to become available on October 1, 2022, shall be used by the Secretary of the Army, acting through the Chief of Engineers, to complete, or to initiate and complete, studies carried out in accordance with section 118 of division AA of the Consolidated Appropriations Act, 2021 (Public Law 116-260), except that the limitation on the number of studies authorized to be carried out under section 118(b) and section 118(c) shall not apply: Provided further, That <<NOTE: Deadline. Spend plan. List.>> not later than 60 days after the date of enactment of this Act, the Chief of Engineers shall submit to the House and Senate Committees on Appropriations a detailed spend plan for the funds identified for fiscal year 2022 in the preceding proviso, [[Page 135 STAT. 1359]] including a list of project locations and new studies selected to be initiated: Provided further, That <<NOTE: Deadline. Briefing. Plan.>> not later than 60 days after the date of enactment of this Act, the Chief of Engineers shall provide a briefing to the House and Senate Committees on Appropriations on an implementation plan, including a schedule for solicitation of projects and expenditure of funds, for the funding provided for fiscal year 2023 to undertake work authorized to be carried out in accordance with section 118 of division AA of the Consolidated Appropriations Act, 2021 (Public Law 116-260): Provided further, That for fiscal year 2023, <<NOTE: Spend plan. List.>> as part of the annual budget submission of the President under section 1105(a) of title 31, United States Code, the Chief of Engineers shall submit a detailed spend plan for that fiscal year, including a list of project locations for the funding provided to undertake work authorized to be carried out in accordance with section 118 of division AA of the Consolidated Appropriations Act, 2021 (Public Law 116-260): Provided further, That beginning not later than 120 days <<NOTE: Reports. Studies.>> after the enactment of this Act, the Chief of Engineers shall provide a monthly report to the Committees on Appropriations of the House of Representatives and the Senate detailing the allocation and obligation of the funds provided under this heading in this Act, including new studies selected to be initiated using funds provided under this heading: Provided further, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 4112(a) of H. Con. Res. 71 (115th Congress), the concurrent resolution on the budget for fiscal year 2018, and to section 251(b) of the Balanced Budget and Emergency Deficit Control Act of 1985. construction For an additional amount for ``Construction'', $11,615,000,000, to remain available until expended: Provided, That the Secretary may initiate additional new construction starts with funds provided under this heading in this Act: Provided further, That the limitation concerning total project costs in section 902 of the Water Resources Development Act of 1986 (Public Law 99-662; 33 U.S.C. 2280), as amended, shall not apply to any project completed using funds provided under this heading in this Act: Provided further, That of the amount provided under this heading in this Act, such sums as are necessary to cover the Federal share of construction costs for facilities under the Dredged Material Disposal Facilities program shall be derived from the general fund of the Treasury: Provided further, That of the amount provided under this heading in this Act, $1,500,000,000 shall be for major rehabilitation, construction, and related activities for rivers and harbors, of which not more than $250,000,000 shall be to undertake work at harbors defined by section 2006 of the Water Resources Development Act of 2007 (Public Law 110-114, 33 U.S.C. 2242), as amended, and not more than $250,000,000 may be for projects determined to require repair in the report prepared pursuant to section 1104 of the Water Infrastructure Improvements for the Nation Act (Public Law 114-322): Provided further, That of the amount provided under this heading in this Act, $200,000,000 shall be for water-related environmental infrastructure assistance: Provided further, That of the amount provided under this heading in this Act, $2,500,000,000 shall be for construction, replacement, rehabilitation, and expansion of inland waterways projects: Provided further, That section 102(a) [[Page 135 STAT. 1360]] of the Water Resources Development Act of 1986 (Public Law 99-662; 33 U.S.C. 2212(a)) and section 109 of the Water Resources Development Act of 2020 (Public Law 116-260; 134 Stat. 2624) shall not apply to the extent that such projects are carried out using funds provided in the preceding proviso: Provided further, That in using such funds referred to in the preceding proviso, the Secretary shall give priority to projects included in the Capital Investment Strategy of the Corps of Engineers: Provided further, That of the amount provided under this heading in this Act, $465,000,000 shall be used by the Secretary of the Army, acting through the Chief of Engineers, to undertake work authorized to be carried out in accordance with section 14, as amended, of the Flood Control Act of 1946 (33 U.S.C. 701r), section 103, as amended, of the River and Harbor Act of 1962 (Public Law 87-874), section 107, as amended, of the River and Harbor Act 1960 (Public Law 86-645), section 204 of the Water Resources Development Act of 1992 (33 U.S.C. 2326), section 205 of the Flood Control Act of 1948 (33 U.S.C. 701s), section 206 of the Water Resources Development Act of 1996 (Public Law 104-303; 33 U.S.C. 2330), section 1135 of the Water Resources Development Act of 1986 (Public Law 99-662; 33 U.S.C. 2309a), or section 165(a) of division AA of the Consolidated Appropriations Act, 2021 (Public Law 116-260), notwithstanding the project number or program cost limitations set forth in those sections: Provided further, That of the amounts in the preceding proviso, $115,000,000, shall be used under the aquatic ecosystem restoration program under section 206 of the Water Resources Development Act of 1996 (33 U.S.C. 2330) to restore fish and wildlife passage by removing in-stream barriers and provide technical assistance to non-Federal interests carrying out such activities, at full Federal expense and notwithstanding the individual project cost limitation set forth in that section: Provided further, That the amounts provided in the preceding proviso shall not be construed to provide any new authority to remove, breach, or otherwise alter the operations of a Federal hydropower dam, and do not limit the Secretary of the Army, acting through the Chief of Engineers, from allotting additional funds from amounts provided under this heading in this Act for other purposes allowed under section 206 of the Water Resources Development Act of 1996 (33 U.S.C. 2330): Provided further, That of the amount provided under this heading in this Act, $1,900,000,000 shall be for aquatic ecosystem restoration projects, of which not less than $1,000,000,000 shall be for multi-purpose projects or multi-purpose programs that include aquatic ecosystem restoration as a purpose: Provided further, That of the amount provided under this heading in this Act, $2,550,000,000 shall be for coastal storm risk management, hurricane and storm damage reduction projects, and related activities targeting States that have been impacted by federally declared disasters over the last six years, which may include projects authorized by section 116 of Public Law 111-85, of which not less than $1,000,000,000 shall be for multi-purpose projects or multi-purpose programs that include flood risk management benefits as a purpose: Provided further, That of the amount provided in the preceding proviso, $200,000,000 shall be for shore protection projects: Provided further, That of the funds in the preceding proviso, $100,000,000, to remain available until expended, shall be made available for fiscal year 2022, $50,000,000, to remain available until expended, shall be made available for fiscal year 2023, and [[Page 135 STAT. 1361]] $50,000,000, to remain available until expended, shall be made available for fiscal year 2024: Provided further, That of the amount provided under this heading in this Act, $2,500,000,000 shall be for inland flood risk management projects, of which not less than $750,000,000 shall be for multi-purpose projects or multi-purpose programs that include flood risk management as a purpose: Provided further, That in selecting projects under the previous proviso, the Secretary of the Army shall prioritize projects with overriding life-safety benefits: Provided further, That of the funds in the proviso preceding the preceding proviso, the Secretary of the Army shall, to the maximum extent practicable, prioritize projects in the work plan that directly benefit economically disadvantaged communities, and may take into consideration prioritizing projects that benefit areas in which the percentage of people that live in poverty or identify as belonging to a minority group is greater than the average such percentage in the United States, based on data from the Bureau of the Census: <<NOTE: Deadline. Spend plan. List.>> Provided further, That not later than 60 days after the date of enactment of this Act, the Chief of Engineers shall submit to the House and Senate Committees on Appropriations a detailed spend plan for the funds provided under this heading in this Act for each fiscal year, including a list of project locations and new construction projects selected to be initiated: Provided further, That <<NOTE: Reports.>> beginning not later than 120 days after the enactment of this Act, the Chief of Engineers shall provide a monthly report to the Committees on Appropriations of the House of Representatives and the Senate detailing the allocation and obligation of these funds, including new construction projects selected to be initiated using funds provided under this heading in this Act: Provided further, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 4112(a) of H. Con. Res. 71 (115th Congress), the concurrent resolution on the budget for fiscal year 2018, and to section 251(b) of the Balanced Budget and Emergency Deficit Control Act of 1985. mississippi river and tributaries For an additional amount for ``Mississippi River and Tributaries'', $808,000,000, to remain available until expended: Provided, That of the amount provided under this heading in this Act, $258,000,000, which shall be obligated within 90 days of enactment of this Act, shall be used for necessary expenses to address emergency situations at Corps of Engineers Federal projects caused by natural disasters: Provided further, That the Secretary may initiate additional new construction starts with funds provided under this heading in this Act: Provided further, That the limitation concerning total project costs in section 902 of the Water Resources Development Act of 1986 (Public Law 99-662; 33 U.S.C. 2280), as amended, shall not apply to any project receiving funds provided under this heading in this Act: <<NOTE: Deadline. Spend plan. List.>> Provided further, That not later than 60 days after the date of enactment of this Act, the Chief of Engineers shall submit to the House and Senate Committees on Appropriations a detailed spend plan for fiscal year 2022, including a list of project locations and construction projects selected to be initiated: Provided further, That of the amount provided under this heading in this Act, such sums as are necessary to cover the Federal share of eligible operation and maintenance costs [[Page 135 STAT. 1362]] for inland harbors shall be derived from the general fund of the Treasury: Provided further, That <<NOTE: Reports.>> beginning not later than 120 days after the enactment of this Act, the Chief of Engineers shall provide a monthly report to the Committees on Appropriations of the House of Representatives and the Senate detailing the allocation and obligation of these funds, including construction projects selected to be initiated using funds provided under this heading in this Act: Provided further, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 4112(a) of H. Con. Res. 71 (115th Congress), the concurrent resolution on the budget for fiscal year 2018, and to section 251(b) of the Balanced Budget and Emergency Deficit Control Act of 1985. operation and maintenance (including transfer of funds) For an additional amount for ``Operations and Maintenance'', $4,000,000,000, to remain available until expended: Provided, That $2,000,000,000, to remain available until expended, shall be made available for fiscal year 2022, $1,000,000,000, to remain available until expended, shall be made available for fiscal year 2023, $1,000,000,000, to remain available until expended, shall be made available for fiscal year 2024: Provided further, That of the amount provided under this heading in this Act for fiscal year 2022, $626,000,000, which shall be obligated within 90 days of enactment of this Act, shall be used for necessary expenses to dredge Federal navigation projects in response to, and repair damages to Corps of Engineers Federal projects caused by, natural disasters: Provided further, That of the amount provided under this heading in this Act, $40,000,000 shall be to carry out Soil Moisture and Snowpack Monitoring activities, as authorized in section 4003(a) of the Water Resources Reform and Development Act of 2014, as amended: Provided further, That <<NOTE: Deadline. Spend plan. List.>> not later than 60 days after the date of enactment of this Act, the Chief of Engineers shall submit to the House and Senate Committees on Appropriations a detailed spend plan for fiscal year 2022, including a list of project locations, other than for the amount for natural disasters identified in the second proviso: Provided further, That <<NOTE: Spend plan. List.>> for fiscal years 2023 and 2024, as part of the annual budget submission of the President under section 1105(a) of title 31, United States Code, the Chief of Engineers shall submit a detailed spend plan for that fiscal year, including a list of project locations: Provided further, That of the amount provided under this heading in this Act, such sums as are necessary to cover the Federal share of eligible operation and maintenance costs for coastal harbors and channels, and for inland harbors shall be derived from the general fund of the Treasury: Provided further, That up to three percent of the amounts made available under this heading in this Act for any fiscal year may be transferred to ``Regulatory Program'' or ``Expenses'' to carry out activities funded by those accounts: <<NOTE: Advance notice.>> Provided further, That the Committees on Appropriations of the Senate and the House of Representatives shall be notified at least 30 days in advance of any transfer made pursuant to the preceding proviso: Provided further, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 4112(a) of H. Con. Res. 71 (115th Congress), the concurrent resolution on the [[Page 135 STAT. 1363]] budget for fiscal year 2018, and to section 251(b) of the Balanced Budget and Emergency Deficit Control Act of 1985. regulatory program For an additional amount for ``Regulatory Program'', $160,000,000, to remain available until September 30, 2026: Provided, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 4112(a) of H. Con. Res. 71 (115th Congress), the concurrent resolution on the budget for fiscal year 2018, and to section 251(b) of the Balanced Budget and Emergency Deficit Control Act of 1985. flood control and coastal emergencies For an additional amount for ``Flood Control and Coastal Emergencies'', $251,000,000, to remain available until expended: Provided, That funding provided under this heading in this Act and utilized for authorized shore protection projects shall restore such projects to the full project profile at full Federal expense: Provided further, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 4112(a) of H. Con. Res. 71 (115th Congress), the concurrent resolution on the budget for fiscal year 2018, and to section 251(b) of the Balanced Budget and Emergency Deficit Control Act of 1985. expenses For an additional amount for ``Expenses'', $40,000,000, to remain available until expended: Provided, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 4112(a) of H. Con. Res. 71 (115th Congress), the concurrent resolution on the budget for fiscal year 2018, and to section 251(b) of the Balanced Budget and Emergency Deficit Control Act of 1985. water infrastructure finance and innovation program account For an additional amount for ``Water Infrastructure Finance and Innovation Program Account'', $75,000,000, to remain available until expended: Provided, That of the amounts provided under this heading in this Act, $64,000,000 shall be for the cost of direct loans and for the cost of guaranteed loans, for safety projects to maintain, upgrade, and repair dams identified in the National Inventory of Dams with a primary owner type of state, local government, public utility, or private: Provided further, That no project may be funded with amounts provided under this heading for a dam that is identified as jointly owned in the National Inventory of Dams and where one of those joint owners is the Federal Government: Provided further, That of the amounts provided under this heading in this Act $11,000,000 shall be for administrative expenses to carry out the direct and guaranteed loan programs, notwithstanding section 5033 of the Water Infrastructure Finance and Innovation Act of 2014: Provided further, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 4112(a) of H. Con. Res. 71 (115th Congress), the concurrent resolution on the budget for fiscal year 2018, and [[Page 135 STAT. 1364]] to section 251(b) of the Balanced Budget and Emergency Deficit Control Act of 1985. general provisions--corps of engineers Sec. 300. For projects that are carried out with funds under this heading, the Secretary of the Army and the Director of the Office of Management and Budget shall consider other factors in addition to the benefit-cost ratio when determining the economic benefits of projects that benefit disadvantaged communities. DEPARTMENT OF THE INTERIOR Central Utah Project central utah project completion account For an additional amount for ``Central Utah Project Completion Account'', $50,000,000, to remain available until expended, of which $10,000,000 shall be deposited into the Utah Reclamation Mitigation and Conservation Account for use by the Utah Reclamation Mitigation and Conservation Commission: Provided, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 4112(a) of H. Con. Res. 71 (115th Congress), the concurrent resolution on the budget for fiscal year 2018, and to section 251(b) of the Balanced Budget and Emergency Deficit Control Act of 1985. Bureau of Reclamation water and related resources (including transfer of funds) For an additional amount for ``Water and Related Resources'', $8,300,000,000, to remain available until expended: Provided, That $1,660,000,000, to remain available until expended, shall be made available for fiscal year 2022, $1,660,000,000, to remain available until expended, shall be made available for fiscal year 2023, $1,660,000,000, to remain available until expended, shall be made available for fiscal year 2024, $1,660,000,000, to remain available until expended, shall be made available for fiscal year 2025, $1,660,000,000, to remain available until expended, shall be made available for fiscal year 2026: Provided further, That of the amount provided under this heading in this Act for fiscal years 2022 through 2026, $1,150,000,000 shall be for water storage, groundwater storage, and conveyance projects in accordance with section 40902 of division D of this Act: Provided further, That of the funds identified in the preceding proviso, $100,000,000 shall be available for small surface water and ground water storage projects authorized in section 40903 of division D of this Act: Provided further, That of the amount provided under this heading in this Act, $3,200,000,000 shall be available for transfer into the Aging Infrastructure Account established by section 9603(d)(1) of the Omnibus Public Land Management Act of 2009, as amended (43 U.S.C. 510b(d)(1)): Provided further, That of the funds identified in the preceding proviso, $100,000,000 shall be made available for reserved [[Page 135 STAT. 1365]] or transferred works that have suffered a critical failure, in accordance with section 40904(a) of division D of this Act, and $100,000,000 shall be made available for dam rehabilitation, reconstruction, or replacement in accordance with section 40904(b) of division D of this Act: Provided further, That of the amount provided under this heading in this Act for fiscal years 2022 through 2026, $1,000,000,000 shall be for rural water projects that have been authorized by an Act of Congress before July 1, 2021, in accordance with the Reclamation Rural Water Supply Act of 2006 (43 U.S.C. 2401 et seq.): Provided further, That of the amount provided under this heading in this Act for fiscal years 2022 through 2026, $1,000,000,000 shall be for water recycling and reuse projects: Provided further, That of the funds identified in the preceding proviso, $550,000,000 shall be for water recycling and reuse projects authorized in accordance with the Reclamation Wastewater and Groundwater Study and Facilities Act (42 U.S.C. 390h et seq.), as described in section 40901(4)(A) of division D of this Act, and $450,000,000 shall be for large-scale water recycling and reuse projects in accordance with section 40905 of division D of this Act: Provided further, That of the amount provided under this heading in this Act for fiscal years 2022 through 2026, $250,000,000 shall be for water desalination projects in accordance with the Water Desalinization Act of 1996 (42 U.S.C. 10301 note; Public Law 104-298), as described in section 40901(5) of division D of this Act: Provided further, That of the amount provided under this heading in this Act for fiscal years 2022 through 2026, $500,000,000 shall be for the safety of dams program, in accordance with the Reclamation Safety of Dams Act of 1978 (43 U.S.C. 506 et seq.): Provided further, That of the amount provided under this heading in this Act for fiscal years 2022 through 2026, $400,000,000 shall be for WaterSMART Grants in accordance with section 9504 of the Omnibus Public Land Management Act of 2009 (42 U.S.C. 10364): Provided further, That of the funds identified in the preceding proviso, $100,000,000 shall be for projects that would improve the condition of a natural feature or nature-based feature, as described in section 40901(7) of division D of this Act: Provided further, That of the amount provided under this heading in this Act for fiscal years 2022 through 2026, $300,000,000 shall be for implementing the drought contingency plan consistent with the obligations of the Secretary under the Colorado River Drought Contingency Plan Authorization Act (Public Law 116-14; 133 Stat. 850), as described in section 40901(8) of division D of this Act: Provided further, That of the funds identified in the preceding proviso, $50,000,000 shall be for use in accordance with the Drought Contingency Plan for the Upper Colorado River Basin: Provided further, That of the amount provided under this heading in this Act for fiscal years 2022 through 2026, $100,000,000 shall be to provide financial assistance for watershed management projects in accordance with subtitle A of title VI of the Omnibus Public Land Management Act of 2009 (16 U.S.C. 1015 et seq.): Provided further, That of the amount provided under this heading in this Act for fiscal years 2022 through 2026, $250,000,000 shall be for design, study and construction of aquatic ecosystem restoration and protection projects in accordance with section 1109 of the Consolidated Appropriations Act, 2021: Provided further, That of the amount provided under this heading in this Act for fiscal years 2022 through 2026, $100,000,000 shall be for multi-benefit [[Page 135 STAT. 1366]] projects to improve watershed health in accordance with section 40907 of division D of this Act: Provided further, That of the amounts provided under this heading in this Act for fiscal years 2022 through 2026, $50,000,000 shall be for endangered species recovery and conservation programs in the Colorado River Basin in accordance with Public Law 106- 392, title XVIII of Public Law 102-575, and subtitle E of title IX of Public Law 111-11: Provided further, That up to three percent of the amounts made available under this heading in this Act in each of fiscal years 2022 through 2026 shall be for program administration and policy expenses: Provided further, That <<NOTE: Deadline. Spend plan. List.>> not later than 60 days after the date of enactment of this Act, the Secretary of the Interior shall submit to the House and Senate Committees on Appropriations a detailed spend plan, including a list of project locations of the preceding proviso, to be funded for fiscal year 2022: <<NOTE: Reports.>> Provided further, That beginning not later than 120 days after the enactment of this Act, the Secretary of the Interior shall provide a monthly report to the Committees on Appropriations of the House of Representatives and the Senate detailing the allocation and obligation of the funds provided under this heading in this Act: Provided further, That for fiscal years 2023 <<NOTE: Spend plan. List.>> through 2026, as part of the annual budget submission of the President under section 1105(a) of title 31, United States Code, the Secretary of the Interior shall submit a detailed spend plan for those fiscal years, including a list of project locations: Provided further, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 4112(a) of H. Con. Res. 71 (115th Congress), the concurrent resolution on the budget for fiscal year 2018, and to section 251(b) of the Balanced Budget and Emergency Deficit Control Act of 1985. DEPARTMENT OF ENERGY ENERGY PROGRAMS Energy Efficiency and Renewable Energy For an additional amount for ``Energy Efficiency and Renewable Energy'', $16,264,000,000 to remain available until expended: Provided, That of the amount provided under this heading in this Act, $250,000,000 shall be for activities for the Energy Efficiency Revolving Loan Fund Capitalization Grant Program, as authorized under section 40502 of division D of this Act: Provided further, That of the amount provided under this heading in this Act, $40,000,000 shall be for grants for the Energy Auditor Training Grant Program, as authorized under section 40503 of division D of this Act: Provided further, That of the amount provided under the heading in this Act, $225,000,000 shall be for grants for implementing of updated building energy codes, as authorized under section 309 of the Energy Conservation and Production Act (42 U.S.C. 6831 et seq.), as amended by section 40511(a) of division D of this Act: Provided further, That of the funds in the preceding proviso, $45,000,000, to remain available until expended, shall be made available for fiscal year 2022, $45,000,000, to remain available until expended, shall be made available for fiscal year 2023, $45,000,000, to remain available until expended, shall be made available for fiscal year 2024, $45,000,000, to remain available [[Page 135 STAT. 1367]] until expended, shall be made available for fiscal year 2025, and $45,000,000, to remain available until expended, shall be made available for fiscal year 2026: Provided further, That of the amount provided under this heading in this Act, $10,000,000 shall be for Building, Training, and Assessment Centers, as authorized under section 40512 of division D of this Act: Provided further, That of the amount provided under this heading in this Act, $10,000,000 shall be for grants for Career Skills Training, as authorized under section 40513 of division D of this Act: Provided further, That of the amount provided under this heading in this Act, $150,000,000 shall be for activities for Industrial Research and Assessment Centers, as authorized under subsections (a) through (h) of section 457 of the Energy Independence and Security Act of 2007 (42 U.S.C. 17111 et seq.), as amended by section 40521(b) of division D of this Act: Provided further, That of the funds in the preceding proviso, $30,000,000, to remain available until expended, shall be made available for fiscal year 2022, $30,000,000, to remain available until expended, shall be made available for fiscal year 2023, $30,000,000, to remain available until expended, shall be made available for fiscal year 2024, $30,000,000, to remain available until expended, shall be made available for fiscal year 2025, and $30,000,000, to remain available until expended, shall be made available for fiscal year 2026: Provided further, That of the amount provided under this heading in this Act, $400,000,000 shall be for activities for Implementation Grants for Industrial Research and Assessment Centers, as authorized under section 457(i) of the Energy Independence and Security Act of 2007 (42 U.S.C. 17111 et seq.), as amended by section 40521(b) of division D of this Act: Provided further, That of the funds in the preceding two provisos, $80,000,000, to remain available until expended, shall be made available for fiscal year 2022, $80,000,000, to remain available until expended, shall be made available for fiscal year 2023, $80,000,000, to remain available until expended, shall be made available for fiscal year 2024, $80,000,000, to remain available until expended, shall be made available for fiscal year 2025, and $80,000,000, to remain available until expended, shall be made available for fiscal year 2026: Provided further, That of the amount provided under this heading in this Act, $50,000,000 shall be for carrying out activities for Manufacturing Leadership, as authorized under section 40534 of division D of this Act: Provided further, That of the amount provided under this heading in this Act, $500,000,000 shall be for grants for Energy Efficiency Improvements and Renewable Energy Improvements at Public School Facilities, as authorized under section 40541 of division D of this Act: Provided further, That of the funds in the preceding proviso, $100,000,000, to remain available until expended, shall be made available for fiscal year 2022, $100,000,000, to remain available until expended, shall be made available for fiscal year 2023, $100,000,000, to remain available until expended, shall be made available for fiscal year 2024, $100,000,000, to remain available until expended, shall be made available for fiscal year 2025, and $100,000,000, to remain available until expended, shall be made available for fiscal year 2026: Provided further, That of the amount provided under this heading in this Act, $50,000,000 shall be for grants for the Energy Efficiency Materials Pilot Program, as authorized under section 40542 of division D of this Act: Provided further, That of the amount provided under this heading in this Act and in addition [[Page 135 STAT. 1368]] to amounts otherwise made available for this purpose, $3,500,000,000 shall be for carrying out activities for the Weatherization Assistance Program, as authorized under part A of title IV of the Energy Conservation and Production Act (42 U.S.C. 6861 et seq.): Provided further, That of the amount provided under this heading in this Act and in addition to amounts otherwise made available for this purpose, $550,000,000 shall be for carrying out activities for the Energy Efficiency and Conservation Block Grant Program, as authorized under section 542(a) of the Energy Independence and Security Act of 2007 (42 U.S.C. 17152(a)): Provided further, That of the amount provided under this heading in this Act, $250,000,000 shall be for grants for the Assisting Federal Facilities with Energy Conservation Technologies Grant Program, as authorized under section 546(b) of the National Energy Conservation Policy Act (42 U.S.C. 8256(b)): Provided further, That of the amount provided under this heading in this Act, $10,000,000 shall be for extended product system rebates, as authorized under section 1005 of the Energy Act of 2020 (42 U.S.C. 6311 note; Public Law 116-260): Provided further, That of the amount provided under this heading in this Act, $10,000,000 shall be for energy efficient transformer rebates, as authorized under section 1006 of the Energy Act of 2020 (42 U.S.C. 6317 note; Public Law 116-260): Provided further, That of the amount provided under this heading in this Act, $3,000,000,000, to remain available until expended, shall be for Battery Material Processing Grants, as authorized under section 40207(b) of division D of this Act: Provided further, That of the funds in the preceding proviso, $600,000,000, to remain available until expended, shall be made available for fiscal year 2022, $600,000,000, to remain available until expended, shall be made available for fiscal year 2023, $600,000,000, to remain available until expended, shall be made available for fiscal year 2024, $600,000,000, to remain available until expended, shall be made available for fiscal year 2025, and $600,000,000, to remain available until expended, shall be made available for fiscal year 2026: Provided further, That of the amount provided under this heading in this Act, $3,000,000,000 shall be for Battery Manufacturing and Recycling Grants, as authorized under section 40207(c) of division D of this Act: Provided further, That of the funds in the preceding proviso, $600,000,000, to remain available until expended, shall be made available for fiscal year 2022, $600,000,000, to remain available until expended, shall be made available for fiscal year 2023, $600,000,000, to remain available until expended, shall be made available for fiscal year 2024, $600,000,000, to remain available until expended, shall be made available for fiscal year 2025, and $600,000,000, to remain available until expended, shall be made available for fiscal year 2026: Provided further, That of the amount provided under this heading in this Act, $125,000,000 shall be to carry out activities, as authorized under section 40207(f) of division D of this Act: Provided further, That of the amount provided under this heading in this Act, $10,000,000 shall be for a Lithium-Ion Battery Recycling Prize Competition, as authorized under section 40207(e) of division D of this Act: Provided further, That of the amount provided under this heading in this Act, $200,000,000 shall be for grants for the Electric Drive Vehicle Battery Recycling and Second-Life Applications Program, as authorized under subsection (k) of section 641 of the Energy Independence and Security Act of 2007 (42 U.S.C. 17231), as amended by section [[Page 135 STAT. 1369]] 40208(1) of division D of this Act: Provided further, That of the funds in the preceding proviso, $40,000,000, to remain available until expended, shall be made available for fiscal year 2022, $40,000,000, to remain available until expended, shall be made available for fiscal year 2023, $40,000,000, to remain available until expended, shall be made available for fiscal year 2024, $40,000,000, to remain available until expended, shall be made available for fiscal year 2025, and $40,000,000, to remain available until expended, shall be made available for fiscal year 2026: Provided further, That of the amount provided under this heading in this Act, $750,000,000 shall be for grants for the Advanced Energy Manufacturing and Recycling Grant Program, as authorized under section 40209 of division D of this Act: Provided further, That of the funds in the preceding proviso, $150,000,000, to remain available until expended, shall be made available for fiscal year 2022, $150,000,000, to remain available until expended, shall be made available for fiscal year 2023, $150,000,000, to remain available until expended, shall be made available for fiscal year 2024, $150,000,000, to remain available until expended, shall be made available for fiscal year 2025, and $150,000,000, to remain available until expended, shall be made available for fiscal year 2026: Provided further, That of the amount provided under this heading in this Act, $500,000,000 shall be for activities for the Clean Hydrogen Manufacturing Recycling Research, Development, and Demonstration Program, as authorized under section 815 of the Energy Policy Act of 2005 (42 U.S.C. 16151 et seq.), as amended by section 40314 of division D of this Act: Provided further, That of the funds in the preceding proviso, $100,000,000, to remain available until expended, shall be made available for fiscal year 2022, $100,000,000, to remain available until expended, shall be made available for fiscal year 2023, $100,000,000, to remain available until expended, shall be made available for fiscal year 2024, $100,000,000, to remain available until expended, shall be made available for fiscal year 2025, and $100,000,000, to remain available until expended, shall be made available for fiscal year 2026: Provided further, That of the amount provided under the heading in this Act, $1,000,000,000 shall be for activities for the Clean Hydrogen Electrolysis Program, as authorized under section 816 of the Energy Policy Act of 2005 (42 U.S.C. 16151 et seq.), as amended by section 40314 of division D of this Act: Provided further, That of the funds in the preceding proviso, $200,000,000, to remain available until expended, shall be made available for fiscal year 2022, $200,000,000, to remain available until expended, shall be made available for fiscal year 2023, $200,000,000, to remain available until expended, shall be made available for fiscal year 2024, $200,000,000, to remain available until expended, shall be made available for fiscal year 2025, and $200,000,000, to remain available until expended, shall be made available for fiscal year 2026: Provided further, That of the amount provided under this heading in this Act, $500,000,000 shall be for carrying out activities for the State Energy Program, as authorized under part D of title III of the Energy Policy and Conservation Act (42 U.S.C. 6321 et seq.), as amended by section 40109 of division D of this Act: Provided further, That of the amount provided under this heading in this Act, $125,000,000 shall be for carrying out activities under section 242 of the Energy Policy Act of 2005 (42 U.S.C. 15881), as amended by section 40331 of division D of this Act: Provided [[Page 135 STAT. 1370]] further, That of the amount provided under this heading in this Act, $75,000,000 shall be for carrying out activities under section 243 of the Energy Policy Act of 2005 (42 U.S.C. 15882), as amended by section 40332 of division D of this Act: Provided further, That of the amount provided under this heading in this Act, $553,600,000 shall be for activities for Hydroelectric Incentives, as authorized under section 247 of the Energy Policy Act of 2005 (Public Law 109-58; 119 Stat. 674), as amended by section 40333(a) of division D of this Act: Provided further, That of the funds in the preceding proviso, $276,800,000, to remain available until expended, shall be made available for fiscal year 2022, $276,800,000, to remain available until expended, shall be made available for fiscal year 2023: Provided further, That of the amount provided under the heading in this Act, $10,000,000 shall be for activities for the Pumped Storage Hydropower Wind and Solar Integration and System Reliability Initiative, as authorized under section 3201 of the Energy Policy Act of 2020 (42 U.S.C. 17232), as amended by section 40334 of division D of this Act: Provided further, That of the amount provided under this heading in this Act, $36,000,000 shall be for carrying out activities, as authorized under section 634 of the Energy Independence and Security Act of 2007 (42 U.S.C. 17213): Provided further, That of the amount provided under this heading in this Act, $70,400,000 shall be for carrying out activities, as authorized under section 635 of the Energy Independence and Security Act of 2007 (42 U.S.C.17214): Provided further, That of the amount provided under this heading in this Act, $40,000,000 shall be for carrying out activities for the National Marine Energy Centers, as authorized under section 636 of the Energy Independence and Security Act of 2007 (42 U.S.C. 17215): Provided further, That of the amount provided under this heading in this Act, $84,000,000 shall be for carrying out activities under section 615(d) of the Energy Independence and Security Act of 2007 (42 U.S.C. 17194(d)): Provided further, That of the amount provided under this heading in this Act, $60,000,000 shall be for carrying out activities for the Wind Energy Technology Program, as authorized under section 3003(b)(2) of the Energy Act of 2020 (42 U.S.C. 16237(b)(2)): Provided further, That of the amount provided under this heading in this Act, $40,000,000 shall be for carrying out activities for the Wind Energy Technology Recycling Research, Development, and Demonstration Program, as authorized under section 3003(b)(4) of the Energy Act of 2020 (42 U.S.C. 16237(b)(4)): Provided further, That of the amount provided under this heading in this Act, $40,000,000 shall be for carrying out activities under section 3004(b)(2) of the Energy Act of 2020 (42 U.S.C. 16238(b)(2)): Provided further, That of the amount provided under this heading in this Act, $20,000,000 shall be for carrying out activities under section 3004(b)(3) of the Energy Act of 2020 (42 U.S.C. 16238(b)(3)): Provided further, That of the amount provided under this heading in this Act, $20,000,000 shall be for carrying out activities under section 3004(b)(4) of the Energy Act of 2020 (42 U.S.C. 16238(b)(4)): <<NOTE: Deadline. Spend plan.>> Provided further, That not later than 90 days after the date of enactment of this Act, the Secretary of Energy shall submit to the House and Senate Committees on Appropriations and the Senate Committee on Energy and Natural Resources and the House Committee on Energy and Commerce a detailed spend plan for fiscal year 2022: <<NOTE: Spend plan.>> Provided further, That for each fiscal year through 2026, as part of the annual budget [[Page 135 STAT. 1371]] submission of the President under section 1105(a) of title 31, United States Code, the Secretary of Energy shall submit a detailed spend plan for that fiscal year: Provided further, That up to three percent of the amounts made available under this heading in this Act in each of fiscal years 2022 through 2026 shall be for program direction: Provided further, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 4112(a) of H. Con. Res. 71 (115th Congress), the concurrent resolution on the budget for fiscal year 2018, and to section 251(b) of the Balanced Budget and Emergency Deficit Control Act of 1985. Cybersecurity, Energy Security, and Emergency Response For an additional amount for ``Cybersecurity, Energy Security, and Emergency Response'', $550,000,000, to remain available until expended: Provided, That of the amount provided under this heading in this Act, $250,000,000 shall be to carry out activities under the Cybersecurity for the Energy Sector Research, Development, and Demonstration Program, as authorized in section 40125(b) of division D of this Act: Provided further, That of the funds in the preceding proviso, $50,000,000, to remain available until expended, shall be made available for fiscal year 2022, $50,000,000, to remain available until expended, shall be made available for fiscal year 2023, $50,000,000, to remain available until expended, shall be made available for fiscal year 2024, $50,000,000, to remain available until expended, shall be made available for fiscal year 2025, and $50,000,000, to remain available until expended, shall be made available for fiscal year 2026: Provided further, That of the amount provided under this heading in this Act, $50,000,000 shall be to carry out activities under the Energy Sector Operational Support for Cyberresilience Program, as authorized in section 40125(c) of division D of this Act: Provided further, That of the amount provided under this heading in this Act, $250,000,000, to carry out activities under the Rural and Municipal Utility Advanced Cybersecurity Grant and Technical Assistance Program, as authorized in section 40124 of division D of this Act: Provided further, That $50,000,000, to remain available until expended, shall be made available for fiscal year 2022, $50,000,000, to remain available until expended, shall be made available for fiscal year 2023, $50,000,000, to remain available until expended, shall be made available for fiscal year 2024, $50,000,000, to remain available until expended, shall be made available for fiscal year 2025, and $50,000,000, to remain available until expended, shall be made available for fiscal year 2026: Provided further, That <<NOTE: Deadline. Spend plan.>> not later than 90 days after the date of enactment of this Act, the Secretary of Energy shall submit to the House and Senate Committees on Appropriations and the Senate Committee on Energy and Natural Resources and the House Committee on Energy and Commerce a detailed spend plan for fiscal year 2022: Provided further, That <<NOTE: Spend plan.>> for each fiscal year through 2026, as part of the annual budget submission of the President under section 1105(a) of title 31, United States Code, the Secretary of Energy shall submit a detailed spend plan for that fiscal year: Provided further, That up to three percent of the amounts made available under this heading in this Act in each of fiscal years 2022 through 2026 shall be for program direction: Provided further, [[Page 135 STAT. 1372]] That such amount is designated by the Congress as being for an emergency requirement pursuant to section 4112(a) of H. Con. Res. 71 (115th Congress), the concurrent resolution on the budget for fiscal year 2018, and to section 251(b) of the Balanced Budget and Emergency Deficit Control Act of 1985. Electricity For an additional amount for ``Electricity'', $8,100,000,000, to remain available until expended: Provided, That of the amount provided under this heading in this Act, $5,000,000,000 shall be for grants under section 40101 of division D of this Act: Provided further, That of the funds in the preceding proviso, $1,000,000,000, to remain available until expended, shall be made available for fiscal year 2022, $1,000,000,000, to remain available until expended, shall be made available for fiscal year 2023, $1,000,000,000, to remain available until expended, shall be made available for fiscal year 2024, $1,000,000,000, to remain available until expended, shall be made available for fiscal year 2025, and $1,000,000,000, to remain available until expended, shall be made available for fiscal year 2026: Provided further, That of the amount provided under this heading in this Act, $50,000,000 shall be to carry out the Transmission Facilitation Program, including for any administrative expenses of carrying out the program, as authorized in section 40106(d)(3) of division D of this Act: Provided further, That of the funds in the preceding proviso, $10,000,000, to remain available until expended, shall be made available for fiscal year 2022, $10,000,000, to remain available until expended, shall be made available for fiscal year 2023, $10,000,000, to remain available until expended, shall be made available for fiscal year 2024, $10,000,000, to remain available until expended, shall be made available for fiscal year 2025, and $10,000,000, to remain available until expended, shall be made available for fiscal year 2026: Provided further, That of the amount provided under this heading in this Act and in addition to amounts otherwise made available for this purpose, $3,000,000,000, to remain available until expended, shall be to carry out activities under the Smart Grid Investment Matching Grant Program, as authorized in section 1306 of the Energy Independence and Security Act of 2007 (42 U.S.C. 17386), as amended by section 40107 of division D of this Act: Provided further, That of the funds in the preceding proviso, $600,000,000, to remain available until expended, shall be made available for fiscal year 2022, $600,000,000, to remain available until expended, shall be made available for fiscal year 2023, $600,000,000, to remain available until expended, shall be made available for fiscal year 2024, $600,000,000, to remain available until expended, shall be made available for fiscal year 2025, and $600,000,000, to remain available until expended, shall be made available for fiscal year 2026: Provided further, That of the amount provided under this heading in this Act, $50,000,000 shall be to carry out an advanced energy security program to secure energy networks, as authorized under section 40125(d) of division D of this Act: Provided further, That not later than 90 days <<NOTE: Deadline. Spend plan.>> after the date of enactment of this Act, the Secretary of Energy shall submit to the House and Senate Committees on Appropriations and the Senate Committee on Energy and Natural Resources and the House Committee on Energy and Commerce a detailed spend plan for fiscal year 2022: Provided [[Page 135 STAT. 1373]] further, That <<NOTE: Spend plan.>> for each fiscal year through 2026, as part of the annual budget submission of the President under section 1105(a) of title 31, United States Code, the Secretary of Energy shall submit a detailed spend plan for that fiscal year: Provided further, That up to three percent of the amounts made available under this heading in this Act in each of fiscal years 2022 through 2026 shall be for program direction: Provided further, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 4112(a) of H. Con. Res. 71 (115th Congress), the concurrent resolution on the budget for fiscal year 2018, and to section 251(b) of the Balanced Budget and Emergency Deficit Control Act of 1985. Nuclear Energy For an additional amount for ``Nuclear Energy'', $6,000,000,000, to remain available until expended, to carry out activities under the Civil Nuclear Credit Program, as authorized in section 40323 of division D of this Act: Provided, That $1,200,000,000, to remain available until expended, shall be made available for fiscal year 2022, $1,200,000,000, to remain available until expended, shall be made available for fiscal year 2023, $1,200,000,000, to remain available until expended, shall be made available for fiscal year 2024, $1,200,000,000, to remain available until expended, shall be made available for fiscal year 2025, and $1,200,000,000, to remain available until expended, shall be made available for fiscal year 2026: Provided further, That <<NOTE: Deadline. Spend plan.>> not later than 90 days after the date of enactment of this Act, the Secretary of Energy shall submit to the House and Senate Committees on Appropriations a detailed spend plan for fiscal year 2022: <<NOTE: Spend plan.>> Provided further, That for each fiscal year through 2026, as part of the annual budget submission of the President under section 1105(a) of title 31, United States Code, the Secretary of Energy shall submit a detailed spend plan for that fiscal year: Provided further, That up to $36,000,000 of the amount provided under this heading in this Act shall be made available in each of fiscal years 2022 through 2026 for program direction: Provided further, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 4112(a) of H. Con. Res. 71 (115th Congress), the concurrent resolution on the budget for fiscal year 2018, and to section 251(b) of the Balanced Budget and Emergency Deficit Control Act of 1985. Fossil Energy and Carbon Management For an additional amount for ``Fossil Energy and Carbon Management'', $7,497,140,781, to remain available until expended: Provided, That of the amount provided under this heading in this Act, $310,140,781 shall be to carry out activities under the Carbon Utilization Program, as authorized in section 969A of the Energy Policy Act of 2005 (42 U.S.C. 16298a), as amended by section 40302 of division D of this Act: Provided further, That of the funds in the preceding proviso, $41,000,000, to remain available until expended, shall be made available for fiscal year 2022, $65,250,000, to remain available until expended, shall be made available for fiscal year 2023, $66,562,500, to remain available until expended, shall be made available for fiscal year 2024, $67,940,625, to remain available until expended, shall be made [[Page 135 STAT. 1374]] available for fiscal year 2025, and $69,387,656, to remain available until expended, shall be made available for fiscal year 2026: Provided further, That of the amount provided under this heading in this Act, $100,000,000 shall be used to carry out the front-end engineering and design program out activities under the Carbon Capture Technology Program, as authorized in section 962 of the Energy Policy Act of 2005 (42 U.S.C. 16292), as amended by section 40303 of division D of this Act: Provided further, That of the funds in the preceding proviso, $20,000,000, to remain available until expended, shall be made available for fiscal year 2022, $20,000,000, to remain available until expended, shall be made available for fiscal year 2023, $20,000,000, to remain available until expended, shall be made available for fiscal year 2024, $20,000,000, to remain available until expended, shall be made available for fiscal year 2025, and $20,000,000, to remain available until expended, shall be made available for fiscal year 2026: Provided further, That of the amount provided under this heading in this Act, $2,500,000,000 shall be to carry out activities for the Carbon Storage Validation and Testing, as authorized section 963 of the Energy Policy Act of 2005 (42 U.S.C. 16293), as amended by section 40305 of division D of this Act: Provided further, That of the funds in the preceding proviso, $500,000,000, to remain available until expended, shall be made available for fiscal year 2022, $500,000,000, to remain available until expended, shall be made available for fiscal year 2023, $500,000,000, to remain available until expended, shall be made available for fiscal year 2024, $500,000,000, to remain available until expended, shall be made available for fiscal year 2025, and $500,000,000, to remain available until expended, shall be made available for fiscal year 2026: Provided further, That of the amount provided under this heading in this Act, $3,500,000,000 shall be to carry out a program to develop four regional clean direct air capture hubs, as authorized under section 969D of the Energy Policy Act of 2005 (42 U.S.C. 16298d), as amended by section 40308 of division D of this Act: Provided further, That of the funds in the preceding proviso, $700,000,000, to remain available until expended, shall be made available for fiscal year 2022, $700,000,000, to remain available until expended, shall be made available for fiscal year 2023, $700,000,000, to remain available until expended, shall be made available for fiscal year 2024, $700,000,000, to remain available until expended, shall be made available for fiscal year 2025, and $700,000,000, to remain available until expended, shall be made available for fiscal year 2026: Provided further, That of the amount provided under this heading in this Act and in addition to amounts otherwise made available for this purpose, $15,000,000 shall be for precommercial direct air capture technology prize competitions, as authorized under section 969D(e)(2)(A) of the Energy Policy Act of 2005 (42 U.S.C. 16298d(e)(2)(A)): Provided further, That of the amount provided under this heading in this Act and in addition to amounts otherwise made available for this purpose, $100,000,000 shall be for commercial direct air capture technology prize competitions, as authorized under section 969D(e)(2)(B) of the Energy Policy Act of 2005 (42 U.S.C. 16298d(e)(2)(B)): Provided further, That for amounts identified in the preceding proviso, the Secretary shall enter pre- construction commitments with selected projects for future awards for qualified carbon dioxide capture: Provided further, That of the amount provided under this heading [[Page 135 STAT. 1375]] in this Act, $140,000,000 shall be for a Rare Earth Elements Demonstration Facility, as authorized under section 7001 of the Energy Act of 2020 (42 U.S.C. 13344), as amended by section 40205 of division D of this Act: Provided further, That of the amount provided under this heading in this Act and in addition to amounts otherwise made available for this purpose, $127,000,000 shall be to carry out rare earth mineral security activities, as authorized under section 7001(a) of the Energy Act of 2020 (42 U.S.C. 13344(a)): Provided further, That of the funds in the preceding proviso, $23,000,000, to remain available until expended, shall be made available for fiscal year 2022, $24,200,000, to remain available until expended, shall be made available for fiscal year 2023, $25,400,000, to remain available until expended, shall be made available for fiscal year 2024, $26,600,000, to remain available until expended, shall be made available for fiscal year 2025, and $27,800,000, to remain available until expended, shall be made available for fiscal year 2026: Provided further, That of the amount provided under this heading in this Act and in addition to amounts otherwise made available for this purpose, $600,000,000 shall be to carry out critical material innovation, efficiency, and alternatives activities under section 7002(g) of the Energy Act of 2020 (30 U.S.C. 1606(g)): Provided further, That of the funds in the preceding proviso, $230,000,000, to remain available until expended, shall be made available for fiscal year 2022, $100,000,000, to remain available until expended, shall be made available for fiscal year 2023, $135,000,000, to remain available until expended, shall be made available for fiscal year 2024, $135,000,000, to remain available until expended, shall be made available for fiscal year 2025: Provided further, That of the amount provided under this heading in this Act and in addition to amounts otherwise made available for this purpose, $75,000,000 shall be for the Critical Material Supply Chain Research Facility, as authorized under section 7002(h) of the Energy Act of 2020 (30 U.S.C. 1606(h)): Provided further, That of the funds in the preceding proviso, $40,000,000, to remain available until expended, shall be made available for fiscal year 2022, and $35,000,000, to remain available until expended, shall be made available for fiscal year 2023: Provided further, That of the amount provided under this heading in this Act, $30,000,000 shall be to carry out activities authorized in section 349(b)(2) of the Energy Policy Act of 2005 (42 U.S.C.15907(b)(2)), as amended by section 40601 of division D of this Act: <<NOTE: Deadline. Spend plan.>> Provided further, That not later than 90 days after the date of enactment of this Act, the Secretary of Energy shall submit to the House and Senate Committees on Appropriations a detailed spend plan for fiscal year 2022: Provided further, That <<NOTE: Spend plan.>> for each fiscal year through 2026, as part of the annual budget submission of the President under section 1105(a) of title 31, United States Code, the Secretary of Energy shall submit a detailed spend plan for that fiscal year: Provided further, That up to three percent of the amounts made available under this heading in this Act in each of fiscal years 2022 through 2026 shall be for program direction: Provided further, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 4112(a) of H. Con. Res. 71 (115th Congress), the concurrent resolution on the budget for fiscal year 2018, and to section 251(b) of the Balanced Budget and Emergency Deficit Control Act of 1985. [[Page 135 STAT. 1376]] Carbon Dioxide Transportation Infrastructure Finance and Innovation Program Account For an additional amount for ``Carbon Dioxide Transportation Infrastructure Finance and Innovation Program Account'', $2,100,000,000, to remain available until expended, to carry out activities for the Carbon Dioxide Transportation Infrastructure Finance and Innovation Program, as authorized by subtitle J of title IX of the Energy Policy Act of 2005 (42 U.S.C. 16181 et seq.), as amended by section 40304(a) of division D of this Act: Provided, That such costs, including the cost of modifying such loans, shall be as defined in section 502 of the Congressional Budget Act of 1974: Provided further, That $3,000,000, to remain available until expended, shall be made available for fiscal year 2022 and $2,097,000,000, to remain available until expended, shall be made available for fiscal year 2023: Provided further, That the amount made available under this heading in this Act for fiscal year 2022 shall be for administrative expenses to carry out the loan program: Provided further, That the Office of Fossil Energy and Carbon Management shall oversee the Carbon Dioxide Transportation Infrastructure Finance and Innovation program, in consultation and coordination with the Department of Energy's Loan Program Office: Provided further, That <<NOTE: Deadline. Analyses. Loans. Regulations. Timetable.>> not later than 270 days after the date of enactment of this Act, the Secretary of Energy shall submit to the House and Senate Committees on Appropriations an analysis of how subsidy rates will be determined for loans financed by appropriations provided under this heading in this Act and an analysis of the process for developing draft regulations for the program, including a crosswalk from the statutory requirements for such program, and a timetable for publishing such regulations: Provided further, That <<NOTE: Allocation.>> for each fiscal year through 2027, the annual budget submission of the President under section 1105(a) of title 31, United States Code, shall include a detailed request for the amount recommended for allocation for the Carbon Dioxide Transportation Finance and Innovation program from amounts provided under this heading in this Act and such detailed request shall include any information required pursuant to the Federal Credit Reform Act of 1990, such as credit subsidy rates, a loan limitation, and necessary administrative expenses to carry out the loan program: Provided further, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 4112(a) of H. Con. Res. 71 (115th Congress), the concurrent resolution on the budget for fiscal year 2018, and to section 251(b) of the Balanced Budget and Emergency Deficit Control Act of 1985. Office of Clean Energy Demonstrations For an additional amount for ``Office of Clean Energy Demonstrations'', $21,456,000,000, to remain available until expended: Provided, That the Office of Clean Energy Demonstrations, as authorized by section 41201 of division D of this Act, shall conduct administrative and project management responsibilities for the demonstration projects provided for under this heading in this Act: Provided further, That <<NOTE: Consultation. Coordination.>> the Office of Clean Energy Demonstrations shall consult and coordinate with technology-specific program offices to ensure alignment of technology goals and avoid unnecessary duplication: Provided further, That of the amount provided [[Page 135 STAT. 1377]] under this heading in this Act and in addition to amounts otherwise made available for this purpose, $355,000,000 shall be to carry out the Energy Storage Demonstration Pilot Grant Program, as authorized under section 3201(c) of the Energy Act of 2020 (42 U.S.C. 17232(c)): Provided further, That of the funds in the preceding proviso, $88,750,000, to remain available until expended, shall be made available for fiscal year 2022, $88,750,000, to remain available until expended, shall be made available for fiscal year 2023, $88,750,000, to remain available until expended, shall be made available for fiscal year 2024, $88,750,000, to remain available until expended, shall be made available for fiscal year 2025: Provided further, That of the amount provided under this heading in this Act and in addition to amounts otherwise made available for this purpose, $150,000,000 to carry out the Long-duration Demonstration Initiative and Joint Program, as authorized under section 3201(d) of the Energy Act of 2020 (42 U.S.C. 17232(d)): Provided further, That of the funds in the preceding proviso, $37,500,000, to remain available until expended, shall be made available for fiscal year 2022, $37,500,000, to remain available until expended, shall be made available for fiscal year 2023, $37,500,000, to remain available until expended, shall be made available for fiscal year 2024, $37,500,000, to remain available until expended, shall be made available for fiscal year 2025: Provided further, That of the amount provided under this heading in this Act and in addition to amounts otherwise made available for this purpose, $2,477,000,000 shall be to carry out the Advanced Reactor Demonstration Program, as authorized under section 959A of the Energy Policy Act of 2005 (42 U.S.C. 16279a): Provided further, That of the funds in the preceding proviso, $677,000,000, to remain available until expended, shall be made available for fiscal year 2022, $600,000,000, to remain available until expended, shall be made available for fiscal year 2023, $600,000,000, to remain available until expended, shall be made available for fiscal year 2024, $600,000,000, to remain available until expended, shall be made available for fiscal year 2025: Provided further, That funds in the preceding proviso shall be for projects selected prior to the date of enactment of this Act: Provided further, That of the amount provided under this heading in this Act and in addition to amounts otherwise made available for this purpose, $937,000,000 shall be to carry out the Carbon Capture Large-scale Pilot Projects, as authorized under section 962(b)(2)(B) of the Energy Policy Act of 2005 (42 U.S.C. 16292(b)(2)(B)): Provided further, That of the funds in the preceding proviso, $387,000,000, to remain available until expended, shall be made available for fiscal year 2022, $200,000,000, to remain available until expended, shall be made available for fiscal year 2023, $200,000,000, to remain available until expended, shall be made available for fiscal year 2024, $150,000,000, to remain available until expended, shall be made available for fiscal year 2025: Provided further, That of the amount provided under this heading in this Act and in addition to amounts otherwise made available for this purpose, $2,537,000,000 shall be for the Carbon Capture Demonstration Projects Program, as authorized under section 962(b)(2)(C) of the Energy Policy Act of 2005 (42 U.S.C. 16292(b)(2)(C)): Provided further, That of the funds in the preceding proviso, $937,000,000, to remain available until expended, shall be made available for fiscal year 2022, $500,000,000, to remain available until expended, shall be made available for fiscal year [[Page 135 STAT. 1378]] 2023, $500,000,000, to remain available until expended, shall be made available for fiscal year 2024, $600,000,000, to remain available until expended, shall be made available for fiscal year 2025: Provided further, That of the amount provided under this heading in this Act and in addition to amounts otherwise made available for this purpose, $500,000,000 shall be to carry out Industrial Emission Demonstration Projects, as authorized under section 454(d)(3) of the Energy Independence and Security Act of 2007 (42 U.S.C. 17113(d)(3)): Provided further, That of the funds in the preceding proviso, $100,000,000, to remain available until expended, shall be made available for fiscal year 2022, $100,000,000, to remain available until expended, shall be made available for fiscal year 2023, $150,000,000, to remain available until expended, shall be made available for fiscal year 2024, $150,000,000, to remain available until expended, shall be made available for fiscal year 2025: Provided further, That of the amount provided under this heading in this Act and in addition to amounts otherwise made available for this purpose, $500,000,000 shall be to carry out the Clean Energy Demonstration Program on Current and Former Mine Land, as authorized under section 40342 of division D of this Act: Provided further, That of the funds in the preceding proviso, $100,000,000, to remain available until expended, shall be made available for fiscal year 2022, $100,000,000, to remain available until expended, shall be made available for fiscal year 2023, $100,000,000, to remain available until expended, shall be made available for fiscal year 2024, $100,000,000, to remain available until expended, shall be made available for fiscal year 2025, and $100,000,000, to remain available until expended, shall be made available for fiscal year 2026: Provided further, That of the amount provided under this heading in this Act, $8,000,000,000 shall be made for Regional Clean Hydrogen Hubs, as authorized under section 813 of the Energy Policy Act of 2005 (42 U.S.C. 16151 et seq.), as amended by section 40314 of division D of this Act: Provided further, That of the funds in the preceding proviso, $1,600,000,000, to remain available until expended, shall be made available for fiscal year 2022, $1,600,000,000, to remain available until expended, shall be made available for fiscal year 2023, $1,600,000,000, to remain available until expended, shall be made available for fiscal year 2024, $1,600,000,000, to remain available until expended, shall be made available for fiscal year 2025, and $1,600,000,000, to remain available until expended, shall be made available for fiscal year 2026: Provided further, That of the amount provided under this heading in this Act, $5,000,000,000 shall be for grants for the Program Upgrading Our Electric Grid and Ensuring Reliability and Resiliency, as authorized under section 40103(b) of division D of this Act: Provided further, That of the funds in the preceding proviso, $1,000,000,000, to remain available until expended, shall be made available for fiscal year 2022, $1,000,000,000, to remain available until expended, shall be made available for fiscal year 2023, $1,000,000,000, to remain available until expended, shall be made available for fiscal year 2024, $1,000,000,000, to remain available until expended, shall be made available for fiscal year 2025, and $1,000,000,000, to remain available until expended, shall be made available for fiscal year 2026: Provided further, That of the amount provided under this heading in this Act, $1,000,000,000 shall be to carry out activities for energy improvement in rural and remote areas, as authorized under section [[Page 135 STAT. 1379]] 40103(c) of division D of this Act: Provided further, That of the funds in the preceding proviso, $200,000,000, to remain available until expended, shall be made available for fiscal year 2022, $200,000,000, to remain available until expended, shall be made available for fiscal year 2023, $200,000,000, to remain available until expended, shall be made available for fiscal year 2024, $200,000,000, to remain available until expended, shall be made available for fiscal year 2025, and $200,000,000, to remain available until expended, shall be made available for fiscal year 2026: Provided further, That <<NOTE: Deadline. Spend plan.>> not later than 90 days after the date of enactment of this Act, the Secretary of Energy shall submit to the House and Senate Committees on Appropriations a detailed spend plan for fiscal year 2022: Provided further, That <<NOTE: Spend plan.>> for each fiscal year through 2026, as part of the annual budget submission of the President under section 1105(a) of title 31, United States Code, the Secretary of Energy shall submit a detailed spend plan for that fiscal year: Provided further, That up to three percent of the amounts made available under this heading in this Act in each of fiscal years 2022 through 2026 shall be for program direction: Provided further, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 4112(a) of H. Con. Res. 71 (115th Congress), the concurrent resolution on the budget for fiscal year 2018, and to section 251(b) of the Balanced Budget and Emergency Deficit Control Act of 1985. POWER MARKETING ADMINISTRATIONS Construction, Rehabilitation, Operation and Maintenance, Western Area Power Administration (including transfer of funds) For an additional amount for ``Construction, Rehabilitation, Operation and Maintenance, Western Area Power Administration'', $500,000,000, to remain available until expended, for the purchase of power and transmission services: Provided, That the amount made available under this heading in this Act shall be derived from the general fund of the Treasury and shall be reimbursable from amounts collected by the Western Area Power Administration pursuant to the Flood Control Act of 1944 and the Reclamation Project Act of 1939 to recover purchase power and wheeling expenses: Provided further, That such amounts as the Administrator, Western Area Power Administration, deems necessary for the same purposes as outlined above may be transferred to Western Area Power Administration's Colorado River Basins Power Marketing Fund account: Provided further, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 4112(a) of H. Con. Res. 71 (115th Congress), the concurrent resolution on the budget for fiscal year 2018, and to section 251(b) of the Balanced Budget and Emergency Deficit Control Act of 1985. GENERAL PROVISIONS--DEPARTMENT OF ENERGY (including transfer of funds) Sec. 301. <<NOTE: Determination. Hiring authority. 42 USC 7231 note.>> Notwithstanding section 3304 of title 5, United States Code, and without regard to the provisions of sections 3309 through [[Page 135 STAT. 1380]] 3318 of such title 5, the Secretary of Energy, upon a determination that there is a severe shortage of candidates or a critical hiring need for particular positions to carry out the Department of Energy activities funded under this title, may, from within the funds provided to the Department of Energy under this title, recruit and directly appoint highly qualified individuals into the competitive service: Provided, That such authority shall not apply to positions in the Excepted Service or the Senior Executive Service: Provided further, That <<NOTE: Compliance.>> any action authorized herein shall be consistent with the merit principles of section 2301 of such title 5, and the Department shall comply with the public notice requirements of section 3327 of such title 5: Provided further, That <<NOTE: Termination date.>> the authority under this section shall terminate on September 30, 2027: Provided further, That <<NOTE: Deadline. Estimate.>> 180 days after the date of enactment of this Act, the Secretary of Energy shall submit to the House and Senate Committees on Appropriations an estimate of the number of highly qualified individuals it expects to hire under the authority provided in this section. Sec. 302. Up to one-tenth of one percent of each amount appropriated to the Department of Energy in this title may be transferred to ``Departmental Administration'' to be used for additional management and mission support for funds made available to the Department of Energy in this title in this Act. Sec. 303. One-tenth of one percent of the amounts made available to the Department of Energy under each heading in this title in this Act in each of fiscal years 2022 through 2026 shall be transferred to the Office of the Inspector General of the Department of Energy to oversee the funds made available to the Department of Energy in this title in this Act. INDEPENDENT AGENCIES Appalachian Regional Commission For an additional amount for ``Appalachian Regional Commission'', $1,000,000,000, to remain available until expended, notwithstanding 40 U.S.C. 14704: Provided, That of the funds in the preceding proviso, $200,000,000, to remain available until expended, shall be made available for fiscal year 2022, $200,000,000, to remain available until expended, shall be made available for fiscal year 2023, $200,000,000, to remain available until expended, shall be made available for fiscal year 2024, $200,000,000, to remain available until expended, shall be made available for fiscal year 2025, and $200,000,000, to remain available until expended, shall be made available for fiscal year 2026: Provided further, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 4112(a) of H. Con. Res. 71 (115th Congress), the concurrent resolution on the budget for fiscal year 2018, and to section 251(b) of the Balanced Budget and Emergency Deficit Control Act of 1985. Delta Regional Authority For an additional amount for ``Delta Regional Authority'', $150,000,000 to remain available until expended: Provided, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 4112(a) of H. Con. Res. 71 (115th Congress), the concurrent resolution on the budget for [[Page 135 STAT. 1381]] fiscal year 2018, and to section 251(b) of the Balanced Budget and Emergency Deficit Control Act of 1985. Denali Commission For an additional amount for ``Denali Commission'', $75,000,000 to remain available until expended: Provided further, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 4112(a) of H. Con. Res. 71 (115th Congress), the concurrent resolution on the budget for fiscal year 2018, and to section 251(b) of the Balanced Budget and Emergency Deficit Control Act of 1985. Northern Border Regional Commission For an additional amount for ``Northern Border Regional Commission'', $150,000,000 to remain available until expended: Provided, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 4112(a) of H. Con. Res. 71 (115th Congress), the concurrent resolution on the budget for fiscal year 2018, and to section 251(b) of the Balanced Budget and Emergency Deficit Control Act of 1985. Southeast Crescent Regional Commission For an additional amount for ``Southeast Crescent Regional Commission'', $5,000,000 to remain available until expended: Provided, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 4112(a) of H. Con. Res. 71 (115th Congress), the concurrent resolution on the budget for fiscal year 2018, and to section 251(b) of the Balanced Budget and Emergency Deficit Control Act of 1985. Southwest Border Regional Commission For an additional amount for ``Southwest Border Regional Commission'', $1,250,000 to remain available until expended: Provided, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 4112(a) of H. Con. Res. 71 (115th Congress), the concurrent resolution on the budget for fiscal year 2018, and to section 251(b) of the Balanced Budget and Emergency Deficit Control Act of 1985. TITLE IV--FINANCIAL SERVICES AND GENERAL GOVERNMENT EXECUTIVE OFFICE OF THE PRESIDENT AND FUNDS APPROPRIATED TO THE PRESIDENT Office of the National Cyber Director salaries and expenses For an additional amount for ``Office of the National Cyber Director'', $21,000,000, to remain available until September 30, 2022, to carry out the purposes of section 1752 of the National Defense Authorization Act for Fiscal Year 2021 (Public Law 116-283): Provided, That such amount is designated by the Congress [[Page 135 STAT. 1382]] as being for an emergency requirement pursuant to section 4112(a) of H. Con. Res. 71 (115th Congress), the concurrent resolution on the budget for fiscal year 2018, and to section 251(b) of the Balanced Budget and Emergency Deficit Control Act of 1985. Federal Communications Commission affordable connectivity fund For an additional amount for the ``Affordable Connectivity Fund'', $14,200,000,000, to remain available until expended, for the Affordable Connectivity Program, as authorized under section 904(b)(1) of division N of the Consolidated Appropriations Act, 2021 (Public Law 116-260), as amended by section 60502 of division F of this Act: Provided, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 4112(a) of H. Con. Res. 71 (115th Congress), the concurrent resolution on the budget for fiscal year 2018, and to section 251(b) of the Balanced Budget and Emergency Deficit Control Act of 1985. federal permitting improvement steering council environmental review improvement fund For an additional amount for the ``Environmental Review Improvement Fund'', $3,000,000 to remain available until September 30, 2026: Provided, That $650,000, to remain available until September 30, 2022, shall be made available for fiscal year 2022, $650,000, to remain available until September 30, 2023, shall be made available for fiscal year 2023, $650,000, to remain available until September 30, 2024, shall be made available for fiscal year 2024, $650,000, to remain available until September 30, 2025, shall be made available for fiscal year 2025, and $400,000, to remain available until September 30, 2026, shall be made available for fiscal year 2026: Provided further, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 4112(a) of H. Con. Res. 71 (115th Congress), the concurrent resolution on the budget for fiscal year 2018, and to section 251(b) of the Balanced Budget and Emergency Deficit Control Act of 1985. General Services Administration real property activities federal buildings fund (including transfers of funds) For an additional amount to be deposited in the ``Federal Buildings Fund'', $3,418,008,000, to remain available until expended, for construction and acquisition, and repairs and alterations of border stations and land ports of entry, of which no more than $250,000,000 shall be for Program Contingency and Operational Support for necessary expenses for projects funded under this heading, including, moving governmental agencies (including space alterations and adjustments, and telecommunications relocation expenses) in connection with the assignment, [[Page 135 STAT. 1383]] allocation and transfer of space, leasing of temporary space, and building operations, of which-- (1) $2,527,808,000 shall be for projects on the U.S. Customs and Border Protection five-year plan; (2) $430,200,000 shall be for projects with completed U.S. Customs and Border Protection/General Services Administration feasibility studies as prioritized in the ``American Jobs Plan Project List'' submitted to the House and Senate Committees on Appropriations on May 28, 2021; and (3) $210,000,000 shall be for land ports of entry (LPOE) infrastructure paving; acquisition of leased LPOEs; and additional Federal Motor Carrier Safety Administration requirements at the Southern Border: Provided, That <<NOTE: Plan. Deadline.>> the General Services Administration shall submit a plan, by project, regarding the use of funds made available to the Administrator under this heading in this Act to the Committees on Appropriations of the House of Representatives and the Senate within 90 days of enactment of this Act: <<NOTE: Notification.>> Provided further, That the Administrator of General Services shall notify the Committees on Appropriations of the House of Representatives and the Senate quarterly on the obligations and expenditures of the funds provided under this heading in this Act by account of the Federal Buildings Fund: Provided further, That funds made available under this heading in this Act for Federal Buildings Fund activities may be transferred to, and merged with, other accounts within the Federal Buildings Fund only to the extent necessary to meet program requirements for such activities: <<NOTE: Advance notice.>> Provided further, That the General Services Administration will provide notice in advance to the Committees on Appropriations of the House of Representatives and the Senate of any proposed transfers: Provided further, That funds made available to the Administrator under this heading in this Act shall not be subject to section 3307 of title 40, United States Code: Provided further, That amounts made available under this heading in this Act shall be in addition to any other amounts made available for such purposes, including for construction and acquisition or repairs and alterations: Provided further, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 4112(a) of H. Con. Res. 71 (115th Congress), the concurrent resolution on the budget for fiscal year 2018, and to section 251(b) of the Balanced Budget and Emergency Deficit Control Act of 1985. TITLE V--DEPARTMENT OF HOMELAND SECURITY SECURITY, ENFORCEMENT, AND INVESTIGATIONS U.S. Customs and Border Protection operations and support For an additional amount for ``Operations and Support'', $330,000,000, to remain available until September 30, 2026, for furniture, fixtures, and equipment for the land ports of entry modernized with funding provided to the General Services Administration in this Act: Provided, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 4112(a) of H. Con. Res. 71 (115th Congress), the concurrent resolution on the budget for fiscal year 2018, and to section [[Page 135 STAT. 1384]] 251(b) of the Balanced Budget and Emergency Deficit Control Act of 1985. procurement, construction, and improvements For an additional amount for ``Procurement, Construction, and Improvements'', $100,000,000, to remain available until September 30, 2026, for land port of entry construction, modernization, and sustainment: Provided, That <<NOTE: Deadline. Spend plan.>> not later than 90 days after the date of enactment of this Act, the Department shall submit to the House and Senate Committees on Appropriations a detailed spend plan for the amount made available under this heading in this Act: Provided further, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 4112(a) of H. Con. Res. 71 (115th Congress), the concurrent resolution on the budget for fiscal year 2018, and to section 251(b) of the Balanced Budget and Emergency Deficit Control Act of 1985. Coast Guard operations and support For an additional amount for ``Operations and Support'', $5,000,000, to remain available until September 30, 2026, for personnel and administrative expenses: Provided, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 4112(a) of H. Con. Res. 71 (115th Congress), the concurrent resolution on the budget for fiscal year 2018, and to section 251(b) of the Balanced Budget and Emergency Deficit Control Act of 1985. procurement, construction, and improvements For an additional amount for ``Procurement, Construction, and Improvements'', $429,000,000, to remain available until September 30, 2026: Provided, That of the funds made available under this heading in this Act-- (1) $131,500,000 shall be for housing, family support, safety, and training facilities, as described in the Coast Guard Fiscal Year 2022 Unfunded Priorities List submitted to Congress on June 29, 2021; (2) $158,000,000 shall be for shore construction addressing facility deficiencies, as described in the Coast Guard Fiscal Year 2022 Unfunded Priorities List submitted to Congress on June 29, 2021; (3) $19,500,000 shall be for shore construction supporting operational assets and maritime commerce, as described in the Coast Guard Fiscal Year 2022 Unfunded Priorities List submitted to Congress on June 29, 2021; and (4) $120,000,000 shall be for construction and improvement of childcare development centers: Provided further, That <<NOTE: Deadline. Expenditure plan. List.>> not later than 90 days after the date of enactment of this Act, the Department shall submit to the Committees on Appropriations and Commerce, Science, and Transportation of the Senate and the Committees on Appropriations and Transportation and Infrastructure in the House of Representatives a detailed expenditure plan, including a list of project locations under each paragraph in the preceding proviso: Provided further, That such [[Page 135 STAT. 1385]] amount is designated by the Congress as being for an emergency requirement pursuant to section 4112(a) of H. Con. Res. 71 (115th Congress), the concurrent resolution on the budget for fiscal year 2018, and to section 251(b) of the Balanced Budget and Emergency Deficit Control Act of 1985. PROTECTION, PREPAREDNESS, RESPONSE, AND RECOVERY Cybersecurity and Infrastructure Security Agency operations and support For an additional amount for ``Operations and Support'', $35,000,000, to remain available until September 30, 2026, for risk management operations and stakeholder engagement and requirements: Provided, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 4112(a) of H. Con. Res. 71 (115th Congress), the concurrent resolution on the budget for fiscal year 2018, and to section 251(b) of the Balanced Budget and Emergency Deficit Control Act of 1985. cybersecurity response and recovery fund For an additional amount for ``Cybersecurity Response and Recovery Fund'', $100,000,000, to remain available until September 30, 2028, for cyber response and recovery, as authorized by subtitle C of the Homeland Security Act of 2002, as amended by this Act: Provided, That $20,000,000, to remain available until September 30, 2028, shall be made available for fiscal year 2022, $20,000,000, to remain available until September 30, 2028, shall be made available for fiscal year 2023, $20,000,000, to remain available until September 30, 2028, shall be made available for fiscal year 2024, $20,000,000, to remain available until September 30, 2028, shall be made available for fiscal year 2025, and $20,000,000, to remain available until September 30, 2028, shall be made available for fiscal year 2026: <<NOTE: Declaration.>> Provided further, That amounts provided under this heading in this Act shall be available only upon a declaration of a significant incident by the Secretary of Homeland Security pursuant to section 2233 of the Homeland Security Act of 2002, as amended by this Act: Provided further, That the Cybersecurity <<NOTE: Reports.>> and Infrastructure Security Agency shall provide to the Committees on Appropriations and Homeland Security and Governmental Affairs of the Senate and the Committees on Appropriations and Oversight and Reform of the House of Representatives monthly reports, to be submitted not later than the tenth business day following the end of each month, on the status of funds made available under this heading in this Act, including an accounting of the most recent funding allocation estimates, obligations, expenditures, and unobligated funds, delineated by significant incident, as defined in section 2232 of the Homeland Security Act of 2002, as amended by this Act: Provided further, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 4112(a) of H. Con. Res. 71 (115th Congress), the concurrent resolution on the budget for fiscal year 2018, and to section 251(b) of the Balanced Budget and Emergency Deficit Control Act of 1985. [[Page 135 STAT. 1386]] Federal Emergency Management Agency operations and support For an additional amount for ``Operations and Support'', $67,000,000, to remain available until September 30, 2026, for Federal agency dam safety activities and assistance to States under sections 7 through 12 of the National Dam Safety Program Act (33 U.S.C. 467e through 467h): Provided, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 4112(a) of H. Con. Res. 71 (115th Congress), the concurrent resolution on the budget for fiscal year 2018, and to section 251(b) of the Balanced Budget and Emergency Deficit Control Act of 1985. federal assistance (including transfer of funds) For an additional amount for ``Federal Assistance'', $2,233,000,000, which shall be allocated as follows: (1) $500,000,000, to remain available until expended, for grants pursuant to section 205 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5135): Provided, That $100,000,000, to remain available until expended, shall be made available for fiscal year 2022, $100,000,000, to remain available until expended, shall be made available for fiscal year 2023, $100,000,000, to remain available until expended, shall be made available for fiscal year 2024, $100,000,000, to remain available until expended, shall be made available for fiscal year 2025, and $100,000,000, to remain available until expended, shall be made available for fiscal year 2026: Provided further, That in addition to amounts made available for administrative expenses under section 205(d)(2) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5135(d)(2)), no more than 3 percent of the amounts made available in fiscal year 2022, 3 percent of the amounts made available in fiscal year 2023, and 3 percent of the amounts made available in each of fiscal years 2024 through 2026 under this paragraph in this Act may be transferred to ``Federal Emergency Management Agency--Operations and Support'' for salaries and expenses. (2) $733,000,000, to remain available until expended: Provided, That $148,000,000 of the amounts made available under this paragraph in this Act shall be for grants to States pursuant to section 8(e) of the National Dam Safety Program Act (33 U.S.C. 467f(e)): Provided further, That $585,000,000 of the amounts made available under this paragraph in this Act shall be for grants to States pursuant to section 8A of the National Dam Safety Program Act (33 U.S.C. 467f-2), of which no less than $75,000,000 shall be for the removal of dams: Provided further, That dam removal projects shall include written consent of the dam owner, if ownership is established: Provided further, That in addition to amounts made available for administrative expenses, no more than 3 percent of the amounts made available under this paragraph in this Act may be transferred to ``Federal Emergency Management Agency--Operations and Support'' for salaries and expenses. [[Page 135 STAT. 1387]] (3) $1,000,000,000 to remain available until expended, for grants to states, local, tribal, and territorial governments for improvement to cybersecurity and critical infrastructure, as authorized by section 2218 of the Homeland Security Act of 2002, as amended by this Act: Provided, That $200,000,000, to remain available until expended, shall be made available for fiscal year 2022, $400,000,000, to remain available until expended, shall be made available for fiscal year 2023, $300,000,000, to remain available until expended, shall be made available for fiscal year 2024, and $100,000,000, to remain available until expended, shall be made available for fiscal year 2025: Provided further, That no more than 3 percent of the amounts made available in each of fiscal years 2022 through 2025 under this paragraph in this Act may be transferred to ``Federal Emergency Management Agency--Operations and Support'' for salaries and expenses: Provided, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 4112(a) of H. Con. Res. 71 (115th Congress), the concurrent resolution on the budget for fiscal year 2018, and to section 251(b) of the Balanced Budget and Emergency Deficit Control Act of 1985. disaster relief fund (including transfer of funds) For an additional amount for ``Disaster Relief Fund'', $1,000,000,000, to remain available until expended, in addition to any amounts set aside pursuant to section 203(i) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5133), for grants pursuant to such section: Provided, That $200,000,000, to remain available until expended, shall be made available for fiscal year 2022, $200,000,000, to remain available until expended, shall be made available for fiscal year 2023, $200,000,000, to remain available until expended, shall be made available for fiscal year 2024, $200,000,000, to remain available until expended, shall be made available for fiscal year 2025, and $200,000,000, to remain available until expended, shall be made available for fiscal year 2026: Provided further, That no more than $16,500,000 of the amounts made available in each of fiscal years 2022 through 2026 under this heading in this Act may be transferred to ``Federal Emergency Management Agency--Operations and Support'' for salaries and expenses: Provided further, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 4112(a) of H. Con. Res. 71 (115th Congress), the concurrent resolution on the budget for fiscal year 2018, and to section 251(b) of the Balanced Budget and Emergency Deficit Control Act of 1985. national flood insurance fund For an additional amount for ``National Flood Insurance Fund'', $3,500,000,000, to be derived from the General Fund of the Treasury, to remain available until expended, for flood mitigation actions and for flood mitigation assistance under section 1366 of the National Flood Insurance Act of 1968 (42 U.S.C. 4104c), notwithstanding sections 1366(e), 1310(a)(7), and 1367 of such Act (42 U.S.C.4104c(e), 4017(a)(7), 4104d), in addition to any other funds [[Page 135 STAT. 1388]] available for this purpose: Provided, That $700,000,000, to remain available until expended, shall be made available for fiscal year 2022, $700,000,000, to remain available until expended, shall be made available for fiscal year 2023, $700,000,000, to remain available until expended, shall be made available for fiscal year 2024, $700,000,000, to remain available until expended, shall be made available for fiscal year 2025, and $700,000,000, to remain available until expended, shall be made available for fiscal year 2026: Provided further, That notwithstanding section 1366(d) of the National Flood Insurance Act of 1968 (42 U.S.C. 4104c(d)), the Administrator of the Federal Emergency Management Agency may also use amounts made available under subsection (a) to provide flood mitigation assistance under section 1366 of that Act (42 U.S.C. 4104c) for mitigation activities in an amount up to 90 percent of all eligible costs for a property-- (1) located within a census tract with a Centers for Disease Control and Prevention Social Vulnerability Index score of not less than 0.5001; or (2) that serves as a primary residence for individuals with a household income of not more than 100 percent of the applicable area median income: Provided further, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 4112(a) of H. Con. Res. 71 (115th Congress), the concurrent resolution on the budget for fiscal year 2018, and to section 251(b) of the Balanced Budget and Emergency Deficit Control Act of 1985. Science and Technology Directorate research and development For an additional amount for ``Research and Development'', $157,500,000, to remain available until September 30, 2026, for critical infrastructure security and resilience research, development, test, and evaluation: Provided, That the funds made available under this heading in this Act may be used for-- (1) special event risk assessments rating planning tools; (2) electromagnetic pulse and geo-magnetic disturbance resilience capabilities; (3) positioning, navigation, and timing capabilities; (4) public safety and violence prevention to evaluate soft target security, including countering improvised explosive device events and protection of U.S. critical infrastructure; and (5) research supporting security testing capabilities relating to telecommunications equipment, industrial control systems, and open source software: Provided further, That <<NOTE: Deadline. Spend plan.>> not later than 90 days after the date of enactment of this Act, the Department shall submit to the House and Senate Committees on Appropriations a detailed spend plan for the amount made available under this heading in this Act: Provided further, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 4112(a) of H. Con. Res. 71 (115th Congress), the concurrent resolution on the budget for fiscal year 2018, and to section 251(b) of the Balanced Budget and Emergency Deficit Control Act of 1985. [[Page 135 STAT. 1389]] GENERAL PROVISION--THIS TITLE Sec. 501. One-quarter <<NOTE: Transfer authority.>> of one percent of the amounts made available under each heading in this title in this Act in each of fiscal years 2022 through 2026 shall be transferred to the Office of the Inspector General of the Department of the Homeland Security for oversight of funding provided to the Department of Homeland Security in this title in this Act. TITLE VI--DEPARTMENT OF THE INTERIOR, ENVIRONMENT, AND RELATED AGENCIES DEPARTMENT OF THE INTERIOR United States Fish and Wildlife Service resource management (including transfers of funds) For an additional amount for ``Resource Management'', $455,000,000, to remain available until expended: Provided, That $91,000,000, to remain available until expended, shall be made available for fiscal year 2022, $91,000,000, to remain available until expended, shall be made available for fiscal year 2023, $91,000,000, to remain available until expended, shall be made available for fiscal year 2024, $91,000,000, to remain available until expended, shall be made available for fiscal year 2025, and $91,000,000, to remain available until expended, shall be made available for fiscal year 2026: Provided further, That of the funds made available under this heading in this Act, the following amounts shall be for the following purposes in equal amounts for each of fiscal years 2022 through 2026, and shall be in addition to amounts otherwise made available for such purpose-- (1) $255,000,000 shall be for the following regional ecosystem restoration purposes-- (A) $26,000,000 shall be for Delaware River Basin Conservation Act; (B) $162,000,000 shall be for Klamath Basin restoration activities, including habitat restoration, planning, design, engineering, environmental compliance, fee acquisition, infrastructure development, construction, operations and maintenance, improvements, and expansion, as necessary, on lands currently leased by the U.S. Fish and Wildlife Service for conservation and recovery of endangered species; (C) $17,000,000 shall be for implementing section 5(d)(2) of the Lake Tahoe Restoration Act; and (D) $50,000,000 shall be for sagebrush steppe ecosystem; (2) $200,000,000 shall be for restoring fish and wildlife passage by removing in-stream barriers and providing technical assistance under the National Fish Passage Program: Provided further, That one-half of one percent of the amounts made available under this heading in this Act in each of fiscal years 2022 through 2026 shall be transferred to the Office of Inspector General of the Department of the Interior for oversight of funding provided to the Department of the Interior in this title [[Page 135 STAT. 1390]] in this Act: Provided further, That <<NOTE: Consent.>> nothing under this heading in this Act shall be construed as providing any new authority to remove, breach, or otherwise alter the operations of a Federal hydropower dam and dam removal projects shall include written consent of the dam owner, if ownership is established: Provided further, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 4112(a) of H. Con. Res. 71 (115th Congress), the concurrent resolution on the budget for fiscal year 2018, and to section 251(b) of the Balanced Budget and Emergency Deficit Control Act of 1985. United States Geological Survey surveys, investigations, and research (including transfers of funds) For an additional amount for ``Surveys, Investigations, and Research'', $510,668,000, to remain available until expended, for the Secretary of the Interior to carry out activities authorized in sections 40201, 40204, and 41003(a) of division D of this Act: Provided, That amounts made available under this heading in this Act shall be allocated as follows: (1) $320,000,000 to carry out section 40201 of division D of this Act: Provided, That $64,000,000, to remain available until September 30, 2024, shall be made available for fiscal year 2022, $64,000,000, to remain available until September 30, 2025, shall be made available for fiscal year 2023, $64,000,000, to remain available until September 30, 2026, shall be made available for fiscal year 2024, $64,000,000, to remain available until September 30, 2027, shall be made available for fiscal year 2025, and $64,000,000, to remain available until September 30, 2028, shall be made available for fiscal year 2026; (2) $167,000,000, to remain available until expended, for fiscal year 2022 to carry out section 40204 of division D of this Act; (3) $23,668,000 to carry out section 41003(a) of division D of this Act: Provided, That $8,668,000, to remain available until September 30, 2024, shall be made available for fiscal year 2022, $5,000,000, to remain available until September 30, 2025, shall be made available for fiscal year 2023, $5,000,000, to remain available until September 30, 2026, shall be made available for fiscal year 2024, and $5,000,000, to remain available until September 30, 2027, shall be made available for fiscal year 2025: Provided further, That amounts provided under this heading in this Act shall be in addition to amounts otherwise available for such purposes: Provided further, That one-half of one percent of the amounts made available under this heading in this Act in each of fiscal years 2022 through 2026 shall be transferred to the Office of Inspector General of the Department of the Interior for oversight of funding provided to the Department of the Interior in this title in this Act: Provided further, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 4112(a) of H. Con. Res. 71 (115th Congress), the concurrent resolution on the budget for fiscal year 2018, and [[Page 135 STAT. 1391]] to section 251(b) of the Balanced Budget and Emergency Deficit Control Act of 1985. Office of Surface Mining Reclamation and Enforcement abandoned mine reclamation fund (including transfers of funds) For an additional amount to be deposited in the ``Abandoned Mine Reclamation Fund'', $11,293,000,000, to remain available until expended, to carry out section 40701 of division D of this Act: Provided, That of the amount provided under this heading in this Act, $25,000,000, to remain available until expended, shall be to carry out activities as authorized in section 40701(g) of division D of this Act: Provided further, That up to 3 percent of the amounts made available under this heading in this Act shall be for salaries, expenses, and administration: Provided further, That one-half of one percent of the amounts made available under this heading in this Act shall be transferred to the Office of Inspector General of the Department of the Interior for oversight of funding provided to the Department of the Interior in this title in this Act: Provided further, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 4112(a) of H. Con. Res. 71 (115th Congress), the concurrent resolution on the budget for fiscal year 2018, and to section 251(b) of the Balanced Budget and Emergency Deficit Control Act of 1985. Indian Affairs Bureau of Indian Affairs operation of indian programs (including transfers of funds) For an additional amount for ``Operation of Indian Programs'', $216,000,000, to remain available until expended for tribal climate resilience, adaptation, and community relocation planning, design, and implementation of projects which address the varying climate challenges facing tribal communities across the country: Provided, That of the funds in the preceding proviso, $43,200,000, to remain available until expended, shall be made available for fiscal year 2022, $43,200,000, to remain available until expended, shall be made available for fiscal year 2023, $43,200,000, to remain available until expended shall be made available for fiscal year 2024, $43,200,000, to remain available until expended, shall be made available for fiscal year 2025, and $43,200,000, to remain available until expended, shall be made available for fiscal year 2026: Provided further, That of the funds made available under the preceding proviso for fiscal years 2022 through 2026, $130,000,000 shall be for community relocation, and $86,000,000 shall be for tribal climate resilience and adaptation projects: Provided further, That up to 3 percent of the amounts made available under this heading in this Act in each of fiscal years 2022 through 2026 shall be for salaries, expenses, and administration: Provided further, That one-half of one percent of the amounts made available under this heading in this Act in each of fiscal years 2022 through 2026 [[Page 135 STAT. 1392]] shall be transferred to the Office of Inspector General of the Department of the Interior for oversight of funding provided to the Department of the Interior in this title in this Act: Provided further, That awards made under subsection (d) to Tribes and Tribal organizations under the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5301 et seq.) shall be considered non-recurring and shall not be part of the amount required by section 106 of the Indian Self- Determination and Education Assistance Act (25 U.S.C. 5325), and such funds shall only be used for the purposes identified in this section: Provided further, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 4112(a) of H. Con. Res. 71 (115th Congress), the concurrent resolution on the budget for fiscal year 2018, and to section 251(b) of the Balanced Budget and Emergency Deficit Control Act of 1985. construction (including transfers of funds) For an additional amount for ``Construction'', $250,000,000, to remain available until expended, for construction, repair, improvement, and maintenance of irrigation and power systems, safety of dams, water sanitation, and other facilities: Provided, That any funds provided for the Safety of Dams program pursuant to the Act of November 2, 1921 (25 U.S.C. 13), shall be made available on a nonreimbursable basis: Provided further, That $50,000,000, to remain available until expended, shall be made available for fiscal year 2022, $50,000,000, to remain available until expended, shall be made available for fiscal year 2023, $50,000,000, to remain available until expended, shall be made available for fiscal year 2024, $50,000,000, to remain available until expended, shall be made available for fiscal year 2025, and $50,000,000, to remain available until expended, shall be made available for fiscal year 2026: Provided further, That of the funds made available under this heading in this Act for fiscal years 2022 through 2026-- (1) Not less than $50,000,000 shall be for addressing irrigation and power systems; and (2) $200,000,000 shall be for safety of dams, water sanitation, and other facilities: Provided further, That up to 3 percent of the amounts made available under this heading in this Act in each of fiscal years 2022 through 2026 shall be for salaries, expenses, and administration: Provided further, That one-half of one percent of the amounts made available under this heading in this Act in each of fiscal years 2022 through 2026 shall be transferred to the Office of Inspector General of the Department of the Interior for oversight of funding provided to the Department of the Interior in this title in this Act: Provided further, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 4112(a) of H. Con. Res. 71 (115th Congress), the concurrent resolution on the budget for fiscal year 2018, and to section 251(b) of the Balanced Budget and Emergency Deficit Control Act of 1985. [[Page 135 STAT. 1393]] Departmental Offices Office of the Secretary departmental operations (including transfers of funds) For an additional amount for ``Departmental Operations'', $905,000,000, to remain available until expended, for the Secretary of the Interior to carry out activities, as authorized in section 40804 of division D of this Act: Provided, That $337,000,000, to remain available until expended, shall be made available for fiscal year 2022, $142,000,000, to remain available until expended, shall be made available for fiscal year 2023, $142,000,000, to remain available until expended, shall be made available for fiscal year 2024, $142,000,000, to remain available until expended, shall be made available for fiscal year 2025, and $142,000,000, to remain available until expended, shall be made available for fiscal year 2026: Provided further, That the Secretary may transfer the funds provided under this heading in this Act to any other account in the Department of the Interior to carry out such purposes: Provided further, That the Secretary of the Interior and the Secretary of Agriculture, acting through the Chief of the Forest Service, may authorize the transfer of funds provided under this heading in this Act between the Departments for the purpose of carrying out activities as authorized in section 40804(b)(1) of division D of this Act: Provided further, That up to 3 percent of the amounts made available under this heading in this Act in each of fiscal years 2022 through 2026 shall be for salaries, expenses, and administration: Provided further, That one-half of one percent of the amounts made available under this heading in this Act in each of fiscal years 2022 through 2026 shall be transferred to the Office of Inspector General of the Department of the Interior for oversight of funding provided to the Department of the Interior in this title in this Act: Provided further, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 4112(a) of H. Con. Res. 71 (115th Congress), the concurrent resolution on the budget for fiscal year 2018, and to section 251(b) of the Balanced Budget and Emergency Deficit Control Act of 1985. Department-Wide Programs wildland fire management (including transfers of funds) For an additional amount for ``Wildland Fire Management'', $1,458,000,000, to remain available until expended: Provided, That $407,600,000, to remain available until expended, shall be made available for fiscal year 2022, $262,600,000, to remain available until expended, shall be made available for fiscal year 2023, $262,600,000, to remain available until expended, shall be made available for fiscal year 2024, $262,600,000, to remain available until expended, shall be made available for fiscal year 2025, and $262,600,000, to remain available until expended, shall be made available for fiscal year 2026: Provided further, That of the funds [[Page 135 STAT. 1394]] made available under this heading in this Act, the following amounts shall be for the following purposes for the following fiscal years-- (1) $1,055,000,000 for the Secretary of the Interior to carry out activities for the Department of the Interior, as authorized in section 40803 of division D of this Act, including fuels management activities, of which $327,000,000, to remain available until expended, shall be made available for fiscal year 2022 and $182,000,000, to remain available until expended, shall be made available for each of fiscal years 2023 through 2026; (2) In addition to amounts made available in paragraph (1) for fuels management activities, $35,600,000 for each of fiscal years 2022 through 2026 for such purpose; and (3) In addition to amounts made available in paragraph (1) for burned area rehabilitation, $45,000,000 for each of fiscal years 2022 through 2026 for such purpose: Provided further, That up to $2,000,000 for each of fiscal years 2022 through 2026 from funds made available in paragraphs (2) and (3) of the preceding proviso shall be for implementation of the Tribal Forestry Protection Act, as amended (Public Law 108-278): Provided further, That the Secretary may transfer the funds provided under this heading in this Act to any other account in the Department of the Interior to carry out such purposes: Provided further, That funds appropriated under this heading in this Act may be transferred to the United States Fish and Wildlife Service and the National Marine Fisheries Service for the costs of carrying out their responsibilities under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) to consult and conference, as required by section 7 of such Act, in connection with wildland fire management activities: Provided further, That up to 3 percent of the amounts made available under this heading in this Act in each of fiscal years 2022 through 2026 shall be for salaries, expenses, and administration: Provided further, That one-half of one percent of the amounts made available under this heading in this Act in each of fiscal years 2022 through 2026 shall be transferred to the Office of Inspector General of the Department of the Interior for oversight of funding provided to the Department of the Interior in this title in this Act: Provided further, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 4112(a) of H. Con. Res. 71 (115th Congress), the concurrent resolution on the budget for fiscal year 2018, and to section 251(b) of the Balanced Budget and Emergency Deficit Control Act of 1985. Energy Community Revitalization Program (including transfers of funds) For an additional amount for Department-Wide Programs, $4,677,000,000, to remain available until expended, for an Energy Community Revitalization program to carry out orphaned well site plugging, remediation, and restoration activities authorized in section 349 of the Energy Policy Act of 2005 (42 U.S.C. 15907), as amended by section 40601 of division D of this Act: Provided, That of the funds made available under this heading in this Act, the following amounts shall be for the following purposes-- [[Page 135 STAT. 1395]] (1) $250,000,000, to remain available until September 30, 2030, shall be to carry out activities authorized in section 349(b) of the Energy Policy Act of 2005 (42 U.S.C. 15907(b)), as amended by section 40601 of division D of this Act; (2) $775,000,000, to remain available until September 30, 2030, shall be to carry out activities authorized in section 349(c)(3) of the Energy Policy Act of 2005 (42 U.S.C. 15907(c)(3)), as amended by section 40601 of division D of this Act; (3) $2,000,000,000, to remain available until September 30, 2030, shall be to carry out activities authorized in section 349(c)(4) of the Energy Policy Act of 2005 (42 U.S.C. 15907(c)(4)), as amended by section 40601 of division D of this Act; (4) $1,500,000,000, to remain available until September 30, 2030, shall be to carry out activities authorized in section 349(c)(5) of the Energy Policy Act of 2005 (42 U.S.C. 15907(c)(5)), as amended by section 40601 of division D of this Act; (5) $150,000,000, to remain available until September 30, 2030, shall be to carry out activities authorized in section 349(d) of the Energy Policy Act of 2005 (42 U.S.C.15907(d)), as amended by section 40601 of division D of this Act; Provided further, That <<NOTE: Contracts.>> of the amount provided under this heading in this Act, $2,000,000 shall be provided by the Secretary through a cooperative agreement with the Interstate Oil and Gas Compact Commission to carry out the consultations authorized in section 349 of the Energy Policy Act of 2005 (42 U.S.C. 15907), as amended by section 40601 of division D of this Act: Provided further, That amounts provided under this heading in this Act shall be in addition to amounts otherwise available for such purposes: Provided further, That amounts provided under this heading in this Act are not available to fulfill Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) obligations agreed to in settlement or imposed by a court, whether for payment of funds or for work to be performed: Provided further, That the Secretary may transfer the funds provided under this heading in this Act to any other account in the Department of the Interior to carry out such purposes: Provided further, That the Secretary may transfer funds made available in paragraph (1) of the first proviso under this heading to the Secretary of Agriculture, acting through the Chief of the Forest Service, to carry out such purposes: Provided further, That up to 3 percent of the amounts made available under this heading in this Act shall be for salaries, expenses, and administration: Provided further, That one-half of one percent of the amounts made available under this heading in this Act shall be transferred to the Office of Inspector General of the Department of the Interior for oversight of funding provided to the Department of the Interior in this title in this Act: Provided further, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 4112(a) of H. Con. Res. 71 (115th Congress), the concurrent resolution on the budget for fiscal year 2018, and to section 251(b) of the Balanced Budget and Emergency Deficit Control Act of 1985. [[Page 135 STAT. 1396]] General Provisions, Department of the Interior Sec. 601. Not <<NOTE: Deadline. Spend plans.>> later than 90 days after the date of enactment of this Act, the Secretary of the Interior shall submit to the House and Senate Committees on Appropriations a detailed spend plan for the funds provided to the Department of the Interior in this title in this Act for fiscal year 2022, and for each fiscal year through 2026, as part of the annual budget submission of the President under section 1105(a) of title 31, United States Code, the Secretary of the Interior shall submit a detailed spend plan for the funds provided to the Department of the Interior in this title in this Act for that fiscal year. ENVIRONMENTAL PROTECTION AGENCY Environmental Programs and Management (including transfers of funds) For an additional amount for ``Environmental Programs and Management'', $1,959,000,000, which shall be allocated as follows: (1) $1,717,000,000, to remain available until expended, for Geographic Programs as specified in the explanatory statement described in section 4 of the matter preceding division A of Public Law 116-260: Provided, That $343,400,000, to remain available until expended, shall be made available for fiscal year 2022, $343,400,000, to remain available until expended, shall be made available for fiscal year 2023, $343,400,000, to remain available until expended, shall be made available for fiscal year 2024, $343,400,000, to remain available until expended, shall be made available for fiscal year 2025, and $343,400,000, to remain available until expended, shall be made available for fiscal year 2026: Provided further, That of the funds made available in this paragraph in this Act, the following amounts shall be for the following purposes in equal amounts for each of fiscal years 2022 through 2026-- (A) $1,000,000,000 shall be for Great Lakes Restoration Initiative; (B) $238,000,000 shall be for Chesapeake Bay; (C) $24,000,000 shall be for San Francisco Bay; (D) $89,000,000 shall be for Puget Sound; (E) $106,000,000 shall be for Long Island Sound; (F) $53,000,000 shall be for Gulf of Mexico; (G) $16,000,000 shall be for South Florida; (H) $40,000,000 shall be for Lake Champlain; (I) $53,000,000 shall be for Lake Pontchartrain; (J) $15,000,000 shall be for Southern New England Estuaries; (K) $79,000,000 shall be for Columbia River Basin; and (L) $4,000,000 shall be for other geographic activities which includes Pacific Northwest: Provided further, That <<NOTE: Waiver authority.>> the Administrator may waive or reduce the required non-Federal share for amounts made available under this paragraph in this Act for the purposes described in the preceding proviso; (2) $132,000,000, to remain available until expended, for the National Estuary Program grants under section 320(g)(2) [[Page 135 STAT. 1397]] of the Federal Water Pollution Control Act, notwithstanding the funding limitation in section 320(i)(2)(B) of the Act: Provided, That $26,400,000, to remain available until expended, shall be made available for fiscal year 2022, $26,400,000, to remain available until expended, shall be made available for fiscal year 2023, $26,400,000, to remain available until expended, shall be made available for fiscal year 2024, $26,400,000, to remain available until expended, shall be made available for fiscal year 2025, and $26,400,000, to remain available until expended, shall be made available for fiscal year 2026: Provided further, That <<NOTE: Waiver authority.>> the Administrator may waive or reduce the required non-Federal share for amounts made available under this paragraph in this Act: Provided further, That up to three percent of the amounts made available under this paragraph in this Act shall be for salaries, expenses, and administration; (3) $60,000,000, to remain available until expended, for actions under the Gulf Hypoxia Action Plan: Provided, That $12,000,000, to remain available until expended, shall be made available for fiscal year 2022, $12,000,000, to remain available until expended, shall be made available for fiscal year 2023, $12,000,000, to remain available until expended, shall be made available for fiscal year 2024, $12,000,000, to remain available until expended, shall be made available for fiscal year 2025, and $12,000,000, to remain available until expended, shall be made available for fiscal year 2026: <<NOTE: State listing.>> Provided further, That funds shall be provided annually to the twelve states serving as members of the Mississippi River/Gulf of Mexico Watershed Nutrient Task Force (Arkansas, Iowa, Illinois, Indiana, Kentucky, Louisiana, Minnesota, Missouri, Mississippi, Ohio, Tennessee, and Wisconsin) in equal amounts for each state for the period of fiscal year 2022 to fiscal year 2026: Provided further, That up to three percent of the amounts made available under this paragraph in this Act shall be for salaries, expenses, and administration; (4) $25,000,000, to remain available until expended, to support permitting of Class VI wells as authorized under section 40306 of division D of this Act, to be carried out by Drinking Water Programs: Provided, That $5,000,000, to remain available until expended, shall be made available for fiscal year 2022, $5,000,000, to remain available until expended, shall be made available for fiscal year 2023, $5,000,000, to remain available until expended, shall be made available for fiscal year 2024, $5,000,000, to remain available until expended, shall be made available for fiscal year 2025, and $5,000,000, to remain available until expended, shall be made available for fiscal year 2026; (5) $10,000,000, to remain available until September 30, 2026, for developing battery recycling best practices, as authorized under section 70401(b) of division G of this Act, to be carried out by the Resource Conservation and Recovery Act program; (6) $15,000,000, to remain available until September 30, 2026, for developing voluntary battery labeling guidelines, as authorized under section 70401(c) of division G of this Act, to be carried out by the Resource Conservation and Recovery Act program; [[Page 135 STAT. 1398]] Provided, That funds provided for the purposes described in paragraphs (1), (2), and (3) under this heading in this Act may be transferred to the United States Fish and Wildlife Service and the National Marine Fisheries Service for the costs of carrying out their responsibilities under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) to consult and conference, as required by section 7 of such Act, in connection with Geographic programs, the National Estuary Program, and the Gulf Hypoxia Action Plan: Provided further, That amounts provided under this heading in this Act shall be in addition to amounts otherwise available for such purposes: Provided further, That one-half of one percent of the amounts made available under this heading in this Act in each of fiscal years 2022 through 2026 shall be transferred to the Office of Inspector General of the Environmental Protection Agency for oversight of funding provided to the Environmental Protection Agency in this title in this Act: Provided further, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 4112(a) of H. Con. Res. 71 (115th Congress), the concurrent resolution on the budget for fiscal year 2018, and to section 251(b) of the Balanced Budget and Emergency Deficit Control Act of 1985. Hazardous Substance Superfund (including transfers of funds) For an additional amount for ``Hazardous Substance Superfund'', $3,500,000,000, to remain available until expended, consisting of such sums as are available in the Trust Fund on September 30, 2021, as authorized by section 517(a) of the Superfund Amendments and Reauthorization Act of 1986 (SARA) and up to $3,500,000,000 as a payment from general revenues to the Hazardous Substance Superfund for purposes as authorized by section 517(b) of SARA, for all costs associated with Superfund: Remedial activities: Provided, That in providing technical and project implementation assistance for amounts made available under this heading in this Act, the Administrator shall consider the unique needs of Tribal communities with contaminated sites where the potentially responsible parties cannot pay or cannot be identified, but shall not alter the process for prioritizing site cleanups: Provided further, That amounts provided under this heading in this Act shall be in addition to amounts otherwise available for such purposes: Provided further, That amounts provided under this heading in this Act shall not be subject to cost share requirements under section 104(c)(3) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) (42 U.S.C. 9604(c)(3)): Provided further, That <<NOTE: Reports.>> the Administrator of the Environmental Protection Agency shall annually report to Congress on the status of funded projects: Provided further, That one-half of one percent of the amounts made available under this heading in this Act in each of fiscal years 2022 through 2026 shall be transferred to the Office of Inspector General of the Environmental Protection Agency for oversight of funding provided to the Environmental Protection Agency in this title in this Act: Provided further, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 4112(a) of H. Con. Res. 71 (115th Congress), the concurrent resolution on the budget [[Page 135 STAT. 1399]] for fiscal year 2018, and to section 251(b) of the Balanced Budget and Emergency Deficit Control Act of 1985. State and Tribal Assistance Grants (including transfers of funds) For an additional amount for ``State and Tribal Assistance Grants'', $55,426,000,000, to remain available until expended: Provided, That amounts made available under this heading in this Act shall be allocated as follows: (1) $11,713,000,000 for capitalization grants for the Clean Water State Revolving Funds under title VI of the Federal Water Pollution Control Act: Provided, That $1,902,000,000, to remain available until expended, shall be made available for fiscal year 2022, $2,202,000,000, to remain available until expended, shall be made available for fiscal year 2023, $2,403,000,000, to remain available until expended, shall be made available for fiscal year 2024, $2,603,000,000, to remain available until expended, shall be made available for fiscal year 2025, and $2,603,000,000, to remain available until expended, shall be made available for fiscal year 2026: Provided further, That for the funds provided under this paragraph in this Act in fiscal year 2022 and fiscal year 2023, the State shall deposit in the State loan fund from State moneys an amount equal to at least 10 percent of the total amount of the grant to be made to the State, notwithstanding sections 602(b)(2), 602(b)(3) or 202 of the Federal Water Pollution Control Act: Provided further, That <<NOTE: Contracts.>> for the funds made available under this paragraph in this Act, forty-nine percent of the funds made available to each State for Clean Water State Revolving Fund capitalization grants shall be used by the State to provide subsidy to eligible recipients in the form of assistance agreements with 100 percent forgiveness of principal or grants (or any combination of these), notwithstanding section 603(i)(3)(B) of the Federal Water Pollution Control Act (33 U.S.C. 1383): Provided further, That up to three percent of the amounts made available under this paragraph in this Act in fiscal year 2022 and up to two percent in each of fiscal years 2023 through 2026 shall be for salaries, expenses, and administration: Provided further, That not less than 80 percent of the amounts the Administrator uses in each fiscal year for salaries, expenses, and administration from amounts made available under this paragraph in this Act for such purposes shall be used for purposes other than hiring full-time employees: Provided further, That 0.35 percent of the amounts made available under this paragraph in this Act in each of fiscal years 2022 through 2026 shall be transferred to the Office of Inspector General of the Environmental Protection Agency for oversight of funding provided to the Environmental Protection Agency in this title in this Act; (2) $11,713,000,000 for capitalization grants for the Drinking Water State Revolving Funds under section 1452 of the Safe Drinking Water Act: Provided, That $1,902,000,000, to remain available until expended, shall be made available for fiscal year 2022, $2,202,000,000, to remain available until expended, shall be made available for fiscal year 2023, [[Page 135 STAT. 1400]] $2,403,000,000, to remain available until expended, shall be made available for fiscal year 2024, $2,603,000,000, to remain available until expended, shall be made available for fiscal year 2025, and $2,603,000,000, to remain available until expended, shall be made available for fiscal year 2026: Provided further, That for the funds provided under this paragraph in this Act in fiscal year 2022 and fiscal year 2023, the State shall deposit in the State loan fund from State moneys an amount equal to at least 10 percent of the total amount of the grant to be made to the State, notwithstanding section 1452(e) of the Safe Drinking Water Act: <<NOTE: Contracts.>> Provided further, That for the funds made available under this paragraph in this Act, forty-nine percent of the funds made available to each State for Drinking Water State Revolving Fund capitalization grants shall be used by the State to provide subsidy to eligible recipients in the form of assistance agreements with 100 percent forgiveness of principal or grants (or any combination of these), notwithstanding section 1452(d)(2) of the Safe Drinking Water Act (42 U.S.C. 300j-12): Provided further, That up to three percent of the amounts made available under this paragraph in this Act in fiscal year 2022 and up to two percent in each of fiscal years 2023 through 2026 shall be for salaries, expenses, and administration: Provided further, That not less than 80 percent of the amounts the Administrator uses in each fiscal year for salaries, expenses, and administration from amounts made available under this paragraph in this Act for such purposes shall be used for purposes other than hiring full-time employees: Provided further, That 0.35 percent of the amounts made available under this paragraph in this Act in each of fiscal years 2022 through 2026 shall be transferred to the Office of Inspector General of the Environmental Protection Agency for oversight of funding provided to the Environmental Protection Agency in this title in this Act; (3) $15,000,000,000 for capitalization grants for the Drinking Water State Revolving Funds under section 1452 of the Safe Drinking Water Act: Provided, That $3,000,000,000, to remain available until expended, shall be made available for fiscal year 2022, $3,000,000,000, to remain available until expended, shall be made available for fiscal year 2023, $3,000,000,000, to remain available until expended, shall be made available for fiscal year 2024, $3,000,000,000, to remain available until expended, shall be made available for fiscal year 2025, and $3,000,000,000, to remain available until expended, shall be made available for fiscal year 2026: Provided further, That <<NOTE: Lead replacement.>> the funds provided under this paragraph in this Act shall be for lead service line replacement projects and associated activities directly connected to the identification, planning, design, and replacement of lead service lines: Provided further, That <<NOTE: Contracts.>> for the funds made available under this paragraph in this Act, forty-nine percent of the funds made available to each State for Drinking Water State Revolving Fund capitalization grants shall be used by the State to provide subsidy to eligible recipients in the form of assistance agreements with 100 percent forgiveness of principal or grants (or any combination of these), notwithstanding section 1452(d)(2) of the Safe Drinking Water Act (42 U.S.C. 300j-12): Provided further, That the funds provided under this paragraph in this [[Page 135 STAT. 1401]] Act shall not be subject to the matching or cost share requirements of section 1452(e) of the Safe Drinking Water Act: Provided further, That up to three percent of the amounts made available under this paragraph in this Act in fiscal year 2022 and up to two percent in each of fiscal years 2023 through 2026 shall be for salaries, expenses, and administration: Provided further, That one-half of one percent of the amounts made available under this paragraph in this Act in each of fiscal years 2022 through 2026 shall be transferred to the Office of Inspector General of the Environmental Protection Agency for oversight of funding provided to the Environmental Protection Agency in this title in this Act; (4) $1,000,000,000 for capitalization grants for the Clean Water State Revolving Funds under title VI of the Federal Water Pollution Control Act: Provided, That $100,000,000, to remain available until expended, shall be made available for fiscal year 2022, $225,000,000, to remain available until expended, shall be made available for fiscal year 2023, $225,000,000, to remain available until expended, shall be made available for fiscal year 2024, $225,000,000, to remain available until expended, shall be made available for fiscal year 2025, and $225,000,000, to remain available until expended, shall be made available for fiscal year 2026: Provided further, That funds provided under this paragraph in this Act shall be for eligible uses under section 603(c) of the Federal Water Pollution Control Act that address emerging contaminants: Provided further, That funds provided under this paragraph in this Act shall not be subject to the matching or cost share requirements of sections 602(b)(2), 602(b)(3), or 202 of the Federal Water Pollution Control Act: <<NOTE: Contracts.>> Provided further, That funds provided under this paragraph in this Act deposited into the state revolving fund shall be provided to eligible recipients as assistance agreements with 100 percent principal forgiveness or as grants (or a combination of these): Provided further, That up to three percent of the amounts made available under this paragraph in this Act in fiscal year 2022 and up to two percent in each of fiscal years 2023 through 2026 shall be for salaries, expenses, and administration: Provided further, That one-half of one percent of the amounts made available under this paragraph in this Act in each of fiscal years 2022 through 2026 shall be transferred to the Office of Inspector General of the Environmental Protection Agency for oversight of funding provided to the Environmental Protection Agency in this title in this Act; (5) $4,000,000,000 for capitalization grants for the Drinking Water State Revolving Funds under section 1452 of the Safe Drinking Water Act: Provided, That $800,000,000, to remain available until expended, shall be made available for fiscal year 2022, $800,000,000, to remain available until expended, shall be made available for fiscal year 2023, $800,000,000, to remain available until expended, shall be made available for fiscal year 2024, $800,000,000, to remain available until expended, shall be made available for fiscal year 2025, and $800,000,000, to remain available until expended, shall be made available for fiscal year 2026: Provided further, That funds provided under this paragraph in this Act shall be to address emerging contaminants in drinking water with a focus on [[Page 135 STAT. 1402]] perfluoroalkyl and polyfluoroalkyl substances through capitalization grants under section 1452(t) of the Safe Drinking Water Act for the purposes described in section 1452(a)(2)(G) of such Act: Provided further, That <<NOTE: Loans.>> funds provided under this paragraph in this Act deposited into the State revolving fund shall be provided to eligible recipients as loans with 100 percent principal forgiveness or as grants (or a combination of these): Provided further, That funds provided under this paragraph in this Act shall not be subject to the matching or cost share requirements of section 1452(e) of the Safe Drinking Water Act: Provided further, That up to three percent of the amounts made available under this paragraph in this Act in fiscal year 2022 and up to two percent in each of fiscal years 2023 through 2026 shall be for salaries, expenses, and administration: Provided further, That one-half of one percent of the amounts made available under this paragraph in this Act in each of fiscal years 2022 through 2026 shall be transferred to the Office of Inspector General of the Environmental Protection Agency for oversight of funding provided to the Environmental Protection Agency in this title in this Act; (6) $5,000,000,000 for grants for addressing emerging contaminants under subsections (a) through (j) of section 1459A of the Safe Drinking Water Act (42 U.S.C. 300j-19a): Provided, That $1,000,000,000, to remain available until expended, shall be made available for fiscal year 2022, $1,000,000,000, to remain available until expended, shall be made available for fiscal year 2023, $1,000,000,000, to remain available until expended, shall be made available for fiscal year 2024, $1,000,000,000, to remain available until expended, shall be made available for fiscal year 2025, and $1,000,000,000, to remain available until expended, shall be made available for fiscal year 2026: Provided further, That funds provided to States under this paragraph may be used for projects that address emerging contaminants supporting a community described in section 1459A, subsection (c)(2), of the Safe Drinking Water Act, notwithstanding the definition of underserved communities in section 1459A, subsection (a)(2), of the Safe Drinking Water Act: Provided further, That funds provided under this paragraph in this Act shall not be subject to the matching or cost share requirements of section 1459A of the Safe Drinking Water Act: Provided further, That up to three percent of the amounts made available under this paragraph in this Act in each of fiscal years 2022 through 2026 shall be for salaries, expenses, and administration: Provided further, That one-half of one percent of the amounts made available under this paragraph in this Act in each of fiscal years 2022 through 2026 shall be transferred to the Office of Inspector General of the Environmental Protection Agency for oversight of funding provided to the Environmental Protection Agency in this title in this Act; (7) $50,000,000, to remain available until expended, to award Underground Injection Control grants, as authorized under section 40306 of division D of this Act, and for activities to support states' efforts to develop programs leading to primacy: Provided, That up to three percent of the amounts made available under this paragraph in this Act shall be for salaries, expenses, and administration: Provided further, That one-half [[Page 135 STAT. 1403]] of one percent of the amounts made available under this paragraph in this Act shall be transferred to the Office of Inspector General of the Environmental Protection Agency for oversight of funding provided to the Environmental Protection Agency in this title in this Act; (8) $1,500,000,000 for brownfields activities: Provided, That $300,000,000, to remain available until expended, shall be made available for fiscal year 2022, $300,000,000, to remain available until expended, shall be made available for fiscal year 2023, $300,000,000, to remain available until expended, shall be made available for fiscal year 2024, $300,000,000, to remain available until expended, shall be made available for fiscal year 2025, and $300,000,000, to remain available until expended, shall be made available for fiscal year 2026: Provided further, That of the amounts made available in this paragraph in this Act, the following amounts shall be for the following purposes, in equal amounts for each of fiscal years 2022 through 2026-- (A) $1,200,000,000 shall be to carry out Brownfields projects authorized by section 104(k) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA), including grants, interagency agreements and associated program support costs, of which up to $600,000,000, notwithstanding funding limitations in such sections of such Act, may be for-- (i) grants under section 104(k)(3)(A)(ii) of CERCLA to remediate brownfields sites in amounts not to exceed $5,000,000 per grant; (ii) multipurpose grants under section 104(k)(4)(B)(i) of CERCLA in amounts not to exceed $10,000,000 per grant; (iii) grants under sections 104(k)(2)(B) and 104(k)(5)(A)(i) of CERCLA for site characterization and assessment activities on a community-wide or site-by-site basis in amounts not to exceed $10,000,000 per grant and without further limitation on the amount that may be expended for any individual brownfield site; (iv) grants under sections 104(k)(3)(A)(i) and 104(k)(5)(A)(ii) of CERCLA for capitalization of revolving loan funds in amounts not to exceed $10,000,000 per grant; and (v) grants under section 104(k)(7) of CERCLA for job training in amounts not to exceed $1,000,000 per grant; and (B) $300,000,000 shall be to carry out section 128 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980: Provided further, That funds provided under this paragraph in this Act shall not be subject to cost share requirements under section 104(k)(10)(B)(iii) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980: Provided further, That <<NOTE: Reports.>> the Administrator of the Environmental Protection Agency shall annually report to Congress on the status of funded projects: Provided further, That up to three percent of the amounts made available under this paragraph in this Act in each of fiscal years 2022 through 2026 shall be for salaries, expenses, and administration: Provided further, [[Page 135 STAT. 1404]] That one-half of one percent of the amounts made available under this paragraph in this Act in each of fiscal years 2022 through 2026 shall be transferred to the Office of Inspector General of the Environmental Protection Agency for oversight of funding provided to the Environmental Protection Agency in this title in this Act; (9) $100,000,000 for all costs for carrying out section 6605 of the Pollution Prevention Act: Provided, That $20,000,000, to remain available until expended, shall be made available for fiscal year 2022, $20,000,000, to remain available until expended, shall be made available for fiscal year 2023, $20,000,000, to remain available until expended, shall be made available for fiscal year 2024, $20,000,000, to remain available until expended, shall be made available for fiscal year 2025, and $20,000,000, to remain available until expended, shall be made available for fiscal year 2026: Provided further, That funds provided under this paragraph in this Act shall not be subject to cost share requirements under section 6605(c) of the Pollution Prevention Act: Provided further, That one-half of one percent of the amounts made available under this paragraph in this Act in each of fiscal years 2022 through 2026 shall be transferred to the Office of Inspector General of the Environmental Protection Agency for oversight of funding provided to the Environmental Protection Agency in this title in this Act; (10) $275,000,000 for grants under section 302(a) of the Save Our Seas 2.0 Act (Public Law 116-224): Provided, That $55,000,000, to remain available until expended, shall be made available for fiscal year 2022, $55,000,000, to remain available until expended, shall be made available for fiscal year 2023, $55,000,000, to remain available until expended, shall be made available for fiscal year 2024, $55,000,000, to remain available until expended, shall be made available for fiscal year 2025, and $55,000,000, to remain available until expended, shall be made available for fiscal year 2026: <<NOTE: Oklahoma. Determination. Alaska.>> Provided further, That notwithstanding section 302(a) of such Act, the Administrator may also provide grants pursuant to such authority to tribes, intertribal consortia consistent with the requirements in 40 CFR 35.504(a), former Indian reservations in Oklahoma (as determined by the Secretary of the Interior), and Alaskan Native Villages as defined in Public Law 92-203: Provided further, That up to three percent of the amounts made available under this paragraph in this Act in each of fiscal years 2022 through 2026 shall be for salaries, expenses, and administration: Provided further, That one-half of one percent of the amounts made available under this paragraph in this Act in each of fiscal years 2022 through 2026 shall be transferred to the Office of Inspector General of the Environmental Protection Agency for oversight of funding provided to the Environmental Protection Agency in this title in this Act; (11) $75,000,000 to award grants focused on improving material recycling, recovery, management, and reduction, as authorized under section 70402 of division G of this Act: Provided, That $15,000,000, to remain available until expended, shall be made available for fiscal year 2022, $15,000,000, to remain available until expended, shall be made available for fiscal year 2023, $15,000,000, to remain available until [[Page 135 STAT. 1405]] expended, shall be made available for fiscal year 2024, $15,000,000, to remain available until expended, shall be made available for fiscal year 2025, and $15,000,000, to remain available until expended, shall be made available for fiscal year 2026: Provided further, That up to three percent of the amounts made available under this paragraph in this Act in each of fiscal years 2022 through 2026 shall be for salaries, expenses, and administration: Provided further, That one-half of one percent of the amounts made available under this paragraph in this Act in each of fiscal years 2022 through 2026 shall be transferred to the Office of Inspector General of the Environmental Protection Agency for oversight of funding provided to the Environmental Protection Agency in this title in this Act; (12) $5,000,000,000 for the Clean School Bus Program as authorized under section 741 of the Energy Policy Act of 2005 (42 U.S.C. 16091), as amended by section 71101 of division G of this Act: Provided, That $1,000,000,000, to remain available until expended, shall be made available for fiscal year 2022, $1,000,000,000, to remain available until expended, shall be made available for fiscal year 2023, $1,000,000,000, to remain available until expended, shall be made available for fiscal year 2024, $1,000,000,000, to remain available until expended, shall be made available for fiscal year 2025, and $1,000,000,000, to remain available until expended, shall be made available for fiscal year 2026: Provided further, That of the funds provided, $500,000,000 shall be provided annually for zero-emission school buses, as defined in section 741(a)(8) of the Energy Policy Act of 2005 (42 U.S.C. 16091(a)(8)), as amended by section 71101 of division G of this Act, and $500,000,000 shall be provided annually for clean school buses and zero-emission school buses, as defined in section 741(a)(3) of the Energy Policy Act of 2005 (42 U.S.C. 16091(a)(3)), as amended by section 71101 of division G of this Act: Provided further, That up to three percent of the amounts made available under this paragraph in this Act in each of fiscal years 2022 through 2026 shall be for salaries, expenses, and administration: Provided further, That up to one-half of one percent of the of the amounts made available under this heading in this Act in each of fiscal years 2022 through 2026 shall be transferred to the Office of Inspector General of the Environmental Protection Agency for oversight of funding provided to the Environmental Protection Agency in this title in this Act: Provided further, That if there are unobligated funds in any of fiscal years 2022 through 2026 after the Administrator of the Environmental Protection Agency issues awards for that fiscal year, States may compete for those funds, notwithstanding the 10 percent limitation under section 741(b)(7)(B) of the Energy Policy Act of 2005 (42 U.S.C. 16091(b)(7)(B)), as amended by section 71101 of division G of this Act: Provided further, That amounts provided under this heading in this Act shall be in addition to amounts otherwise available for such purposes: Provided further, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 4112(a) of H. Con. Res. 71 (115th Congress), the concurrent resolution on the budget for fiscal year 2018, and to section [[Page 135 STAT. 1406]] 251(b) of the Balanced Budget and Emergency Deficit Control Act of 1985. General Provisions--Environmental Protection Agency (including transfers of funds) Sec. 611. Funds made available to the Environmental Protection Agency by this Act for salaries, expenses, and administration purposes may be transferred to the ``Environmental Programs and Management'' account or the ``Science and Technology'' account as needed for such purposes. Sec. 612. Not <<NOTE: Deadline. Spend plans.>> later than 90 days after the date of enactment of this Act, the Administrator of the Environmental Protection Agency shall submit to the House and Senate Committees on Appropriations a detailed spend plan for the funds provided to the Environmental Protection Agency in this title for fiscal year 2022, and for each fiscal year through 2026, as part of the annual budget submission of the President under section 1105(a) of title 31, United States Code, the Administrator of the Environmental Protection Agency shall submit a detailed spend plan for the funds provided to the Environmental Protection Agency in this title for that fiscal year. Sec. 613. <<NOTE: 26 USC 9507 note.>> For this fiscal year and each fiscal year thereafter, such sums as are available in the Hazardous Substance Superfund established under section 9507 of the Internal Revenue Code of 1986 at the end of the preceding fiscal year from taxes received in the Treasury under subsection (b)(1) of such section shall be available, without further appropriation, to be used to carry out the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.). Sec. 614. (a) Drinking Water.--There is authorized to be appropriated to carry out the purposes of section 1452 of the Safe Drinking Water Act (42 U.S.C. 300j-12), in addition to amounts otherwise authorized to be appropriated for those purposes, an additional $1,126,000,000 for each of fiscal years 2022 through 2026. (b) Clean Water.--There is authorized to be appropriated to carry out the purposes of title VI of the Federal Water Pollution Control Act (33 U.S.C. 1381 et seq.), in addition to amounts otherwise authorized to be appropriated for those purposes, an additional $1,639,000,000 for each of fiscal years 2022 through 2026. DEPARTMENT OF AGRICULTURE Forest Service forest and rangeland research For an additional amount for ``Forest and Rangeland Research'', $10,000,000, to remain available until September 30, 2029, for the Secretary of Agriculture, acting through the Chief of the Forest Service, to carry out activities of the Joint Fire Science Program, as authorized in section 40803 of division D of this Act: Provided, That $2,000,000, to remain available until September 30, 2025, shall be made available for fiscal year 2022, $2,000,000, to remain available until September 30, 2026, shall be made available for fiscal year 2023, $2,000,000, to remain available until September [[Page 135 STAT. 1407]] 30, 2027, shall be made available for fiscal year 2024, $2,000,000, to remain available until September 30, 2028, shall be made available for fiscal year 2025, and $2,000,000, to remain available until September 30, 2029, shall be made available for fiscal year 2026: Provided further, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 4112(a) of H. Con. Res. 71 (115th Congress), the concurrent resolution on the budget for fiscal year 2018, and to section 251(b) of the Balanced Budget and Emergency Deficit Control Act of 1985. state and private forestry (including transfers of funds) For an additional amount for ``State and Private Forestry'', $1,526,800,000, to remain available until September 30, 2029: Provided, That $305,360,000, to remain available until September 30, 2025, shall be made available for fiscal year 2022, $305,360,000, to remain available until September 30, 2026, shall be made available for fiscal year 2023, $305,360,000, to remain available until September 30, 2027, shall be made available for fiscal year 2024, $305,360,000, to remain available until September 30, 2028, shall be made available for fiscal year 2025, and $305,360,000, to remain available until September 30, 2029, shall be made available for fiscal year 2026: Provided further, That of the funds made available under this heading in this Act, the following amounts shall be for the following purposes in equal amounts for each of fiscal years 2022 through 2026-- (1) $718,000,000 for the Secretary of Agriculture, acting through the Chief of the Forest Service, to carry out activities for the Department of Agriculture, as authorized in sections 40803 and 40804 of division D of this Act; (2) In addition to amounts made available in paragraph (1) for grants to at-risk communities for wildfire mitigation activities, not less than $500,000,000 for such purposes; (3) Not less than $88,000,000 for State Fire Assistance; and (4) Not less than $20,000,000 for Volunteer Fire Assistance: Provided further, That amounts made available under this heading in this Act for each of fiscal years 2022 through 2026 may be transferred between accounts affected by the Forest Service budget restructure outlined in section 435 of division D of the Further Consolidated Appropriations Act, 2020 (Public Law 116-94) to carry out the activities in support of this heading: Provided further, That up to 3 percent of the amounts made available under this heading in this Act in each of fiscal years 2022 through 2026 shall be for salaries, expenses, and administration: Provided further, That one-half of one percent of the amounts made available under this heading in this Act in each of fiscal years 2022 through 2026 shall be transferred to the Office of Inspector General of the Department of Agriculture for oversight of funding provided to the Forest Service in this title in this Act: Provided further, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 4112(a) of H. Con. Res. 71 (115th Congress), the concurrent resolution on the budget for fiscal year 2018, and to section 251(b) of the Balanced Budget and Emergency Deficit Control Act of 1985. [[Page 135 STAT. 1408]] national forest system (including transfers of funds) For an additional amount for ``National Forest System'', $2,854,000,000, to remain available until expended: Provided, That $734,800,000, to remain available until expended, shall be made available for fiscal year 2022, $529,800,000, to remain available until expended, shall be made available for fiscal year 2023, $529,800,000, to remain available until expended, shall be made available for fiscal year 2024, $529,800,000, to remain available until expended, shall be made available for fiscal year 2025, and $529,800,000, to remain available until expended, shall be made available for fiscal year 2026: Provided further, That of the funds made available under this heading in this Act, the following amounts shall be for the following purposes-- (1) $2,115,000,000 for the Secretary of Agriculture, acting through the Chief of the Forest Service, to carry out activities for the Department of Agriculture as authorized in sections 40803 and 40804 of division D of this Act, of which $587,000,000, to remain available until expended, shall be made available for fiscal year 2022 and $382,000,000, to remain available until expended, shall be made available for each of fiscal years 2023 through 2026; (2) In addition to amounts made available in paragraph (1) for hazardous fuels management activities, $102,800,000 for each of fiscal years 2022 through 2026 for such purposes; and (3) In addition to amounts made available in paragraph (1) for burned area recovery, $45,000,000 for each of fiscal years 2022 through 2026 for such purposes: Provided further, That up to $12,000,000 for each of fiscal years 2022 through 2026 from funds made available in paragraph (2) of the preceding proviso may be used to make grants, using any authorities available for the Forest Service under the ``State and Private Forestry'' appropriation for the purposes of creating incentives for increased use of biomass from National Forest System lands, including the Community Wood Energy Program and the Wood Innovation Grants Program: Provided further, That up to $8,000,000 for each of fiscal years 2022 through 2026 from funds made available in paragraph (2) of the preceding proviso shall be for implementation of the Tribal Forestry Protection Act, as amended (Public Law 108-278): Provided further, That funds appropriated under this heading in this Act may be transferred to the United States Fish and Wildlife Service and the National Marine Fisheries Service for the costs of carrying out their responsibilities under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) to consult and conference, as required by section 7 of such Act, in connection with wildland fire management activities: Provided further, That the Secretary of the Interior and the Secretary of Agriculture, acting through the Chief of the Forest Service, may authorize the transfer of funds provided under this heading in this Act between the Departments for the purpose of carrying out activities as authorized in section 40804(b)(1) of division D of this Act: Provided further, That amounts made available under this heading in this Act for each of fiscal years 2022 through 2026 may be transferred between accounts affected by the Forest [[Page 135 STAT. 1409]] Service budget restructure outlined in section 435 of division D of the Further Consolidated Appropriations Act, 2020 (Public Law 116-94) to carry out the activities in support of this heading: Provided further, That amounts made available under this heading in this Act in each of fiscal years 2022 through 2026 shall be available for salaries and expenses: Provided further, That one-half of one percent of the amounts made available under this heading in this Act in each of fiscal years 2022 through 2026 shall be transferred to the Office of Inspector General of the Department of Agriculture for oversight of funding provided to the Forest Service in this title in this Act: Provided further, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 4112(a) of H. Con. Res. 71 (115th Congress), the concurrent resolution on the budget for fiscal year 2018, and to section 251(b) of the Balanced Budget and Emergency Deficit Control Act of 1985. capital improvement and maintenance (including transfers of funds) For an additional amount for ``Capital Improvement and Maintenance'', $360,000,000, to remain available until September 30, 2029: Provided, That $72,000,000, to remain available until September 30, 2025, shall be made available for fiscal year 2022, $72,000,000, to remain available until September 30, 2026, shall be made available for fiscal year 2023, $72,000,000, to remain available until September 30, 2027, shall be made available for fiscal year 2024, $72,000,000, to remain available until September 30, 2028, shall be made available for fiscal year 2025, and $72,000,000, to remain available until September 30, 2029, shall be made available for fiscal year 2026: Provided further, That of the funds made available under this heading in this Act, the following amounts shall be for the following purposes in equal amounts for each of fiscal years 2022 through 2026-- (1) $250,000,000 to carry out activities of the Legacy Road and Trail Remediation Program, as authorized in Public Law 88- 657 (16 U.S.C. 532 et seq.) (commonly known as the ``Forest Roads and Trails Act''), as amended by section 40801 of division D of this Act; (2) $100,000,000 for construction of temporary roads or reconstruction and maintenance of roads to facilitate forest restoration and management projects that reduce wildfire risk; and (3) $10,000,000 for the removal of non-hydropower Federal dams and for providing dam removal technical assistance: Provided further, That funds appropriated under this heading in this Act may be transferred to the United States Fish and Wildlife Service and the National Marine Fisheries Service for the costs of carrying out their responsibilities under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) to consult and conference, as required by section 7 of such Act, in connection with wildland fire management activities: Provided further, That amounts made available under this heading in this Act for each of fiscal years 2022 through 2026 may be transferred between accounts affected by the Forest Service budget restructure outlined in section 435 of division D of the Further Consolidated Appropriations Act, 2020 [[Page 135 STAT. 1410]] (Public Law 116-94) to carry out the activities in support of this heading: Provided further, That one-half of one percent of the amounts made available under this heading in this Act in each of fiscal years 2022 through 2026 shall be transferred to the Office of Inspector General of the Department of Agriculture for oversight of funding provided to the Forest Service in this title in this Act: Provided further, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 4112(a) of H. Con. Res. 71 (115th Congress), the concurrent resolution on the budget for fiscal year 2018, and to section 251(b) of the Balanced Budget and Emergency Deficit Control Act of 1985. wildland fire management (including transfers of funds) For an additional amount for ``Wildland Fire Management'', $696,200,000 to remain available until expended, for the Secretary of Agriculture, acting through the Chief of the Forest Service, to carry out activities for the Department of Agriculture as authorized in section 40803 of division D of this Act: Provided, That $552,200,000, to remain available until expended, shall be made available for fiscal year 2022, $36,000,000, to remain available until expended, shall be made available for fiscal year 2023, $36,000,000, to remain available until expended, shall be made available for fiscal year 2024, $36,000,000, to remain available until expended, shall be made available for fiscal year 2025, and $36,000,000, to remain available until expended, shall be made available for fiscal year 2026: <<NOTE: Consultation.>> Provided further, That funds appropriated under this heading in this Act may be transferred to the United States Fish and Wildlife Service and the National Marine Fisheries Service for the costs of carrying out their responsibilities under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) to consult and conference, as required by section 7 of such Act, in connection with wildland fire management activities: Provided further, That amounts made available under this heading in this Act for each of fiscal years 2022 through 2026 may be transferred between accounts affected by the Forest Service budget restructure outlined in section 435 of division D of the Further Consolidated Appropriations Act, 2020 (Public Law 116- 94) to carry out the activities in support of this heading: Provided further, That amounts made available under this heading in this Act in each of fiscal years 2022 through 2026, shall be available for salaries and expenses to carry out such purposes: Provided further, That one-half of one percent of the amounts made available under this heading in this Act in each of fiscal years 2022 through 2026 shall be transferred to the Office of Inspector General of the Department of Agriculture for oversight of funding provided to the Forest Service in this title in this Act: Provided further, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 4112(a) of H. Con. Res. 71 (115th Congress), the concurrent resolution on the budget for fiscal year 2018, and to section 251(b) of the Balanced Budget and Emergency Deficit Control Act of 1985. [[Page 135 STAT. 1411]] administrative <<NOTE: Deadline. Spend plans.>> provision--forest service Not later than 90 days after the date of enactment of this Act, the Secretary of Agriculture, acting through the Chief of the Forest Service, shall submit to the House and Senate Committees on Appropriations a detailed spend plan for the funds provided to the Forest Service in this title in this Act for fiscal year 2022, and for each fiscal year through 2026, as part of the annual budget submission of the President under section 1105(a) of title 31, United States Code, the Secretary shall submit a detailed spend plan for the funds provided to the Forest Service in this title in this Act for that fiscal year. DEPARTMENT OF HEALTH AND HUMAN SERVICES Indian Health Service indian health facilities (including transfers of funds) For an additional amount for ``Indian Health Facilities'', $3,500,000,000, to remain available until expended, for the provision of domestic and community sanitation facilities for Indians, as authorized by section 7 of the Act of August 5, 1954 (68 Stat. 674): Provided, That $700,000,000, to remain available until expended, shall be made available for fiscal year 2022, $700,000,000, to remain available until expended, shall be made available for fiscal year 2023, $700,000,000, to remain available until expended, shall be made available for fiscal year 2024, $700,000,000, to remain available until expended, shall be made available for fiscal year 2025, and $700,000,000, to remain available until expended, shall be made available for fiscal year 2026: Provided further, That of the amounts made available under this heading, up to $2,200,000,000 shall be for projects that exceed the economical unit cost and shall be available until expended: Provided further, That up to three percent of the amounts made available in each fiscal year shall be for salaries, expenses, and administration: Provided further, That one-half of one percent of the amounts made available under this heading in this Act in each fiscal years 2022 through 2026 shall be transferred to the Office of Inspector General of the Department of Health and Human Services for oversight of funding provided to the Department of Health and Human Services in this title in this Act: Provided further, That no funds available to the Indian Health Service for salaries, expenses, administration, and oversight shall be available for contracts, grants, compacts, or cooperative agreements under the provisions of the Indian Self-Determination and Education Assistance Act as amended: Provided further, That funds under this heading made available to Tribes and Tribal organizations under the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5301 et seq.) shall be available on a one-time basis, are nonrecurring, and shall not be part of the amount required by section 106 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5325), and shall only be used for the purposes identified in this heading: Provided further, That not later than 90 days <<NOTE: Deadline. Spend plan.>> after the date of enactment of this Act, the Secretary of Health and Human Services shall submit to the House and Senate Committees on Appropriations a detailed [[Page 135 STAT. 1412]] spend plan for fiscal year 2022: Provided further, That <<NOTE: Spend plan.>> for each fiscal year through 2026, as part of the annual budget submission of the President under section 1105(a) of title 31, United States Code, the Secretary of Health and Human Services shall submit a detailed spend plan for that fiscal year: Provided further, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 4112(a) of H. Con. Res. 71 (115th Congress), the concurrent resolution on the budget for fiscal year 2018, and to section 251(b) of the Balanced Budget and Emergency Deficit Control Act of 1985. TITLE VII--LABOR, HEALTH AND HUMAN SERVICES, AND EDUCATION, AND RELATED AGENCIES DEPARTMENT OF HEALTH AND HUMAN SERVICES Administration for Children and Families low income home energy assistance For an additional amount for ``Low Income Home Energy Assistance'', $500,000,000, to remain available through September 30, 2026, for making payments under subsection (b) of section 2602 of the Low-Income Home Energy Assistance Act of 1981 (42 U.S.C. 8621 et seq.): Provided, That $100,000,000, to remain available until September 30, 2026, shall be made available in fiscal year 2022, $100,000,000, to remain available until September 30, 2026, shall be made available in fiscal year 2023, $100,000,000, to remain available until September 30, 2026, shall be made available in fiscal year 2024, $100,000,000, to remain available until September 30, 2026, shall be made available in fiscal year 2025, and $100,000,000, to remain available until September 30, 2026, shall be made available in fiscal year 2026: Provided further, That, of the amount available for obligation in a fiscal year under this heading in this Act, $50,000,000 shall be allocated as though the total appropriation for such payments for such fiscal year was less than $1,975,000,000: Provided further, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 4112(a) of H. Con. Res. 71 (115th Congress), the concurrent resolution on the budget for fiscal year 2018, and to section 251(b) of the Balanced Budget and Emergency Deficit Control Act of 1985. TITLE VIII--TRANSPORTATION, HOUSING AND URBAN DEVELOPMENT, AND RELATED AGENCIES DEPARTMENT OF TRANSPORTATION Office of the Secretary national infrastructure investments For an additional amount for ``National Infrastructure Investments'', $12,500,000,000, to remain available until expended, for necessary expenses to carry out chapter 67 of title 49, United States Code, of which $5,000,000,000 shall be to carry out section 6701 of such title and $7,500,000,000 shall be to carry out section 6702 of such title: Provided, That, of the amount made available [[Page 135 STAT. 1413]] under this heading in this Act to carry out section 6701 of title 49, United States Code, $1,000,000,000, to remain available until expended, shall be made available for fiscal year 2022, $1,000,000,000, to remain available until expended, shall be made available for fiscal year 2023, $1,000,000,000, to remain available until expended, shall be made available for fiscal year 2024, $1,000,000,000, to remain available until expended, shall be made available for fiscal year 2025, and $1,000,000,000, to remain available until expended, shall be made available for fiscal year 2026: Provided further, That, of the amount made available under this heading in this Act to carry out section 6702 of title 49, United States Code, $1,500,000,000, to remain available until September 30, 2026, shall be made available for fiscal year 2022, $1,500,000,000, to remain until September 30, 2027, shall be made available for fiscal year 2023, $1,500,000,000, to remain available until September 30, 2028, shall be made available for fiscal year 2024, $1,500,000,000, to remain available until September 30, 2029, shall be made available for fiscal year 2025, and $1,500,000,000, to remain available September 30, 2030, shall be made available for fiscal year 2026: Provided further, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 4112(a) of H. Con. Res. 71 (115th Congress), the concurrent resolution on the budget for fiscal year 2018, and pursuant to section 251(b) of the Balanced Budget and Emergency Deficit Control Act of 1985. safe streets and roads for all grants For an additional amount for ``Safe Streets and Roads for All Grants'', $5,000,000,000, to remain available until expended, for competitive grants, as authorized under section 24112 of division B of this Act: Provided, That $1,000,000,000, to remain available until expended, shall be made available for fiscal year 2022, $1,000,000,000, to remain available until expended, shall be made available for fiscal year 2023, $1,000,000,000, to remain available until expended, shall be made available for fiscal year 2024, $1,000,000,000, to remain available until expended, shall be made available for fiscal year 2025, and $1,000,000,000, to remain available until expended, shall be made available for fiscal year 2026: Provided further, That <<NOTE: Notice. Deadline.>> the Secretary shall issue a notice of funding opportunity not later than 180 days after each date upon which funds are made available under the preceding proviso: Provided further, That <<NOTE: Awards. Deadline.>> the Secretary shall make awards not later than 270 days after issuing the notices of funding opportunity required under the preceding proviso: Provided further, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 4112(a) of H. Con. Res. 71 (115th Congress), the concurrent resolution on the budget for fiscal year 2018, and to section 251(b) of the Balanced Budget and Emergency Deficit Control Act of 1985. national culvert removal, replacement, and restoration grants For an additional amount for ``National Culvert Removal, Replacement, and Restoration Grants'', $1,000,000,000, to remain available until expended, as authorized by section 6203 of title 49, United States Code: Provided, That $200,000,000, to remain [[Page 135 STAT. 1414]] available until expended, shall be made available for fiscal year 2022, $200,000,000, to remain available until expended, shall be made available for fiscal year 2023, $200,000,000, to remain available until expended, shall be made available for fiscal year 2024, $200,000,000, to remain available until expended, shall be made available for fiscal year 2025, and $200,000,000, to remain available until expended, shall be made available for fiscal year 2026: Provided further, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 4112(a) of H. Con. Res. 71 (115th Congress), the concurrent resolution on the budget for fiscal year 2018, and to section 251(b) of the Balanced Budget and Emergency Deficit Control Act of 1985. strengthening mobility and revolutionizing transportation grant program For an additional amount for ``Strengthening Mobility and Revolutionizing Transportation Grant Program'', $500,000,000, to remain available until expended, as authorized by section 25005 of division B of this Act: Provided, That $100,000,000, to remain available until expended, shall be made available for fiscal year 2022, $100,000,000, to remain available until expended, shall be made available for fiscal year 2023, $100,000,000, to remain available until expended, shall be made available for fiscal year 2024, $100,000,000, to remain available until expended, shall be made available for fiscal year 2025, and $100,000,000, to remain available until expended, shall be made available for fiscal year 2026: Provided further, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 4112(a) of H. Con. Res. 71 (115th Congress), the concurrent resolution on the budget for fiscal year 2018, and to section 251(b) of the Balanced Budget and Emergency Deficit Control Act of 1985. administrative provisions--office of the secretary of transportation (including transfer of funds) Sec. 801. (a) Amounts made available to the Secretary of Transportation or the Department of Transportation's Operating Administrations in this title in this Act and in section 117 of title 23, United States Code, for fiscal years 2022 through 2026 for the costs of award, administration, or oversight of financial assistance under the programs administered by the Office of Multimodal Infrastructure and Freight may be transferred to an ``Office of Multimodal Infrastructure and Freight'' account, to remain available until expended, for the necessary expenses of award, administration, or oversight of any discretionary financial assistance programs funded under this title in this Act or division A of this Act: Provided, That one-half of one percent of the amounts transferred pursuant to the authority in this section in each of fiscal years 2022 through 2026 shall be transferred to the Office of Inspector General of the Department of Transportation for oversight of funding provided to the Department of Transportation in this title in this Act: Provided further, That the amount provided by this section is designated by the Congress as being for an emergency requirement pursuant to section 4112(a) of H. Con. Res. 71 (115th Congress), the concurrent resolution on the budget [[Page 135 STAT. 1415]] for fiscal year 2018, and to section 251(b) of the Balanced Budget and Emergency Deficit Control Act of 1985. (b) In addition to programs identified in section 118(d) of title 49, United States Code, the Office of Multimodal Infrastructure and Freight shall administer, with support from the Department's Operating Administrations, the following financial assistance programs-- (1) the national infrastructure projects program under section 6701 of title 49, United States Code; (2) the local and regional projects program under section 6702 of title 49, United States Code; (3) the strengthening mobility and revolutionizing transportation grant program under section 25005 of division B of this Act; (4) the nationally significant freight and highways projects under section 117 of title 23, United States Code; (5) the national culvert removal, replacement, and restoration grant program under section 6203 of title 49, United States Code; and (6) other discretionary financial assistance programs that the Secretary determines should be administered by the Office of Multimodal Infrastructure and Freight, subject to the approval of the House and Senate Committees on Appropriations as required under section 405 of Division L of the Consolidated Appropriations Act, 2021. Federal Aviation Administration facilities and equipment For an additional amount for ``Facilities and Equipment'', $5,000,000,000, to remain available until expended: Provided, That $1,000,000,000, to remain available until expended, shall be made available for fiscal year 2022, $1,000,000,000, to remain available until expended, shall be made available for fiscal year 2023, $1,000,000,000, to remain available until expended, shall be made available for fiscal year 2024, $1,000,000,000, to remain available until expended, shall be made available for fiscal year 2025, and $1,000,000,000, to remain available until expended, shall be made available for fiscal year 2026: Provided further, That amounts made available under this heading in this Act shall be derived from the general fund of the Treasury: Provided further, That funds provided under this heading in this Act shall be for: (1) replacing terminal and en route air traffic control facilities; (2) improving air route traffic control center and combined control facility buildings; (3) improving air traffic control en route radar facilities; (4) improving air traffic control tower and terminal radar approach control facilities; (5) national airspace system facilities OSHA and environmental standards compliance; (6) landing and navigational aids; (7) fuel storage tank replacement and management; (8) unstaffed infrastructure sustainment; (9) real property disposition; (10) electrical power system sustain and support; (11) energy maintenance and compliance; (12) hazardous materials management and environmental cleanup; (13) facility security risk management; (14) mobile asset management program; and (15) administrative expenses, including salaries and expenses, administration, and oversight: Provided further, That not less than $200,000,000 of [[Page 135 STAT. 1416]] the funds made available under this heading in this Act shall be for air traffic control towers that are owned by the Federal Aviation Administration and staffed through the contract tower program: Provided further, That <<NOTE: Deadline. Spend plan. List.>> not later than 90 days after the date of enactment of this Act, the Secretary of Transportation shall submit to the House and Senate Committees on Appropriations a detailed spend plan, including a list of project locations of air traffic control towers and contract towers, to be funded for fiscal year 2022: Provided further, That <<NOTE: Spend plan. List.>> for each fiscal year through 2026, as part of the annual budget submission of the President under section 1105(a) of title 31, United States Code, the Secretary of Transportation shall submit a detailed spend plan for funding that will be made available under this heading in the upcoming fiscal year, including a list of projects for replacing facilities that are owned by the Federal Aviation Administration, including air traffic control towers that are staffed through the contract tower program: Provided further, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 4112(a) of H. Con. Res. 71 (115th Congress), the concurrent resolution on the budget for fiscal year 2018, and to section 251(b) of the Balanced Budget and Emergency Deficit Control Act of 1985. airport infrastructure grants (including transfer of funds) For an additional amount for ``Airport Infrastructure Grants'', $15,000,000,000, to remain available until September 30, 2030: Provided, That $3,000,000,000, to remain available until September 30, 2026, shall be made available for fiscal year 2022, $3,000,000,000, to remain available until September 30, 2027, shall be made available for fiscal year 2023, $3,000,000,000, to remain available until September 30, 2028, shall be made available for fiscal year 2024, $3,000,000,000, to remain available until September 30, 2029, shall be made available for fiscal year 2025, and $3,000,000,000, to remain available until September 30, 2030, shall be made available for fiscal year 2026: Provided further, That amounts made available under this heading in this Act shall be derived from the general fund of the Treasury: Provided further, That amounts made available under this heading in this Act shall be made available to sponsors of any airport eligible to receive grants under section 47115 of title 49, United States Code, for airport- related projects defined under section 40117(a)(3) of title 49, United States Code: Provided further, That of the funds made available under this heading in this Act, in each of fiscal years 2022 through 2026-- (1) Not more than $2,480,000,000 shall be available for primary airports as defined in section 47102(16) of title 49, United States Code, and certain cargo airports: Provided, That such funds shall not be subject to the reduced apportionments of section 47114(f) of title 49, United States Code: Provided further, That <<NOTE: Apportionment.>> such funds shall first be apportioned as set forth in sections 47114(c)(1)(A), 47114(c)(1)(C)(i), 47114(c)(1)(C)(ii), 47114(c)(2)(A), 47114(c)(2)(B), and 47114(c)(2)(E), 47114(c)(1)(J) of title 49, United States Code: Provided further, That there shall be no maximum apportionment limit: Provided further, [[Page 135 STAT. 1417]] That any remaining funds after such apportionment shall be distributed to all sponsors of primary airports (as defined in section 47102(16) of title 49, United States Code) based on each such airport's passenger enplanements compared to total passenger enplanements of all airports defined in section 47102(16) of title 49, United States Code, for calendar year 2019 in fiscal years 2022 and 2023 and thereafter for the most recent calendar year enplanements upon which the Secretary has apportioned funds pursuant to section 47114(c) of title 49, United States Code; (2) Not more than $500,000,000 shall be for general aviation and commercial service airports that are not primary airports as defined in paragraphs (7), (8), and (16) of section 47102 of title 49, United States Code: Provided, That <<NOTE: Apportionment.>> the Secretary of Transportation shall apportion the remaining funds to each non-primary airport based on the categories published in the most current National Plan of Integrated Airport Systems, reflecting the percentage of the aggregate published eligible development costs for each such category, and then dividing the allocated funds evenly among the eligible airports in each category, rounding up to the nearest thousand dollars: Provided further, That any remaining funds under this paragraph in this Act shall be distributed as described in paragraph (3) in this proviso under this heading in this Act; and (3) $20,000,000 for the Secretary of Transportation to make competitive grants to sponsors of airports participating in the contract tower program and the contract tower cost share program under section 47124 of title 49, United States Code to: (1) sustain, construct, repair, improve, rehabilitate, modernize, replace or relocate nonapproach control towers; (2) acquire and install air traffic control, communications, and related equipment to be used in those towers; and (3) construct a remote tower certified by the Federal Aviation Administration, including acquisition and installation of air traffic control, communications, or related equipment: Provided, That the Federal Aviation Administration shall give priority consideration to projects that enhance aviation safety and improve air traffic efficiency: Provided further, That the Federal share of the costs for which a grant is made under this paragraph shall be 100 percent: Provided further, That any funds made available in a given fiscal year that remain unobligated at the end of the fourth fiscal year after which they were first made available for obligation shall be made available in the fifth fiscal year after which they were first made available for obligation to the Secretary for competitive grants: Provided further, That of the amounts made available to the Secretary for competitive grants under the preceding proviso, the Secretary shall first provide up to $100,000,000, as described in paragraph (3) of the fourth proviso, and any remaining unobligated balances in excess of that amount shall be available to the Secretary for competitive grants otherwise eligible under the third proviso that reduce airport emissions, reduce noise impact to the surrounding community, reduce dependence on the electrical grid, or provide general benefits to the surrounding community: Provided further, That none of the amounts made available under this heading in this Act may be used to pay for airport debt service: Provided further, That a grant made from funds made available [[Page 135 STAT. 1418]] under this heading in this Act shall be treated as having been made pursuant to the Secretary's authority under section 47104(a) of title 49, United States Code: Provided further, That up to 3 percent of the amounts made available under this heading in this Act in each of fiscal years 2022 through 2026 shall be for personnel, contracting, and other costs to administer and oversee grants, of which $1,000,000 in each fiscal year shall be transferred to the Office of Inspector General of the Department of Transportation for oversight of funding provided to the Department of Transportation in this title in this Act: Provided further, That the Federal share of the costs of a project under paragraphs (1) and (2) of the fourth proviso under this heading shall be the percent for which a project for airport development would be eligible under section 47109 of title 49, United States Code: Provided further, That obligations of funds under this heading in this Act shall not be subject to any limitations on obligations provided in any Act making annual appropriations: Provided further, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 4112(a) of H. Con. Res. 71 (115th Congress), the concurrent resolution on the budget for fiscal year 2018, and to section 251(b) of the Balanced Budget and Emergency Deficit Control Act of 1985. airport terminal program (including transfer of funds) For an additional amount for ``Airport Terminal Program'', $5,000,000,000, to remain available until September 30, 2030, for the Secretary of Transportation to provide competitive grants for airport terminal development projects that address the aging infrastructure of the nation's airports: Provided, That $1,000,000,000, to remain available until September 30, 2026, shall be made available for fiscal year 2022, $1,000,000,000, to remain available until September 30, 2027, shall be made available for fiscal year 2023, $1,000,000,000, to remain available until September 30, 2028, shall be made available for fiscal year 2024, $1,000,000,000, to remain available until September 30, 2029, shall be made available for fiscal year 2025, and $1,000,000,000, to remain available until September 30, 2030, shall be made available for fiscal year 2026: Provided further, That amounts made available under this heading in this Act shall be derived from the general fund of the Treasury: Provided further, That <<NOTE: Notice. Deadline.>> the Secretary shall issue a notice of funding opportunity not later than 60 days after the date of enactment of this Act: Provided further, That of the funds made available under this heading in this Act, not more than 55 percent shall be for large hub airports, not more than 15 percent shall be for medium hub airports, not more than 20 percent shall be for small hub airports, and not less than 10 percent shall be for nonhub and nonprimary airports: Provided further, That in awarding grants for terminal development projects from funds made available under this heading in this Act, the Secretary may consider projects that qualify as ``terminal development'' (including multimodal terminal development), as that term is defined in 49 U.S.C. Sec. 47102(28), projects for on- airport rail access projects as set forth in Passenger Facility Charge (PFC) Update 75-21, and projects for relocating, reconstructing, repairing, or improving an airport-owned air traffic [[Page 135 STAT. 1419]] control tower: Provided further, That in awarding grants for terminal development projects from funds made available under this heading in this Act, the Secretary shall give consideration to projects that increase capacity and passenger access; projects that replace aging infrastructure; projects that achieve compliance with the Americans with Disabilities Act and expand accessibility for persons with disabilities; projects that improve airport access for historically disadvantaged populations; projects that improve energy efficiency, including upgrading environmental systems, upgrading plant facilities, and achieving Leadership in Energy and Environmental Design (LEED) accreditation standards; projects that improve airfield safety through terminal relocation; and projects that encourage actual and potential competition: Provided further, That the Federal share of the cost of a project carried out from funds made available under this heading in this Act shall be 80 percent for large and medium hub airports and 95 percent for small hub, nonhub, and nonprimary airports: Provided further, That a grant made from funds made available under this heading in this Act shall be treated as having been made pursuant to the Secretary's authority under section 47104(a) of title 49, United States Code: Provided further, That the Secretary may provide grants from funds made available under this heading in this Act for a project at any airport that is eligible to receive a grant from the discretionary fund under section 47115(a) of title 49, United States Code: Provided further, That in making awards from funds made available under this heading in this Act, the Secretary shall provide a preference to projects that achieve a complete development objective, even if awards for the project must be phased, and the Secretary shall prioritize projects that have received partial awards: Provided further, That up to 3 percent of the amounts made available under this heading in this Act in each fiscal year shall be for personnel, contracting and other costs to administer and oversee grants, of which $1,000,000 in each fiscal year shall be transferred to the Office of Inspector General of the Department of Transportation for oversight of funding provided to the Department of Transportation in this title in this Act: Provided further, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 4112(a) of H. Con. Res. 71 (115th Congress), the concurrent resolution on the budget for fiscal year 2018, and to section 251(b) of the Balanced Budget and Emergency Deficit Control Act of 1985. Federal Highway Administration highway infrastructure <<NOTE: State and local governments. Electric vehicles.>> program (including transfer of funds) For an additional amount for ``Highway Infrastructure Programs'', $47,272,000,000, to remain available until expended except as otherwise provided under this heading: Provided, That of the amount provided under this heading in this Act, $9,454,400,000, to remain available until September 30, 2025, shall be made available for fiscal year 2022, $9,454,400,000, to remain available until September 30, 2026, shall be made available for fiscal year 2023, $9,454,400,000, to remain available until September 30, 2027, shall be made available for fiscal year 2024, $9,454,400,000, to remain [[Page 135 STAT. 1420]] available until September 30, 2028, shall be made available for fiscal year 2025, and $9,454,400,000, to remain available until September 30, 2029, shall be made available for fiscal year 2026: Provided further, That the funds made available under this heading in this Act shall be derived from the general fund of the Treasury, shall be in addition to any other amounts made available for such purpose, and shall not affect the distribution or amount of funds provided in any Act making annual appropriations: Provided further, That, except for funds provided in paragraph (1) under this heading in this Act, up to 1.5 percent of the amounts made available under this heading in this Act in each of fiscal years 2022 through 2026 shall be for operations and administrations of the Federal Highway Administration, of which $1,000,000 in each fiscal year shall be transferred to the Office of the Inspector General of the Department of Transportation for oversight of funding provided to the Department of Transportation in this title in this Act: Provided further, That the amounts made available in the preceding proviso may be combined with the funds made available in paragraph (1) under this heading in this Act for the same purposes in the same account: Provided further, That the funds made available under this heading in this Act shall not be subject to any limitation on obligations for Federal-aid highways or highway safety construction programs set forth in any Act making annual appropriations: Provided further, That, of the amount provided under this heading in this Act, the following amounts shall be for the following purposes in equal amounts for each of fiscal years 2022 through 2026-- (1) $27,500,000,000 shall be for a bridge replacement, rehabilitation, preservation, protection, and construction program: Provided further, That, except as otherwise provided under this paragraph in this Act, the funds made available under this paragraph in this Act shall be administered as if apportioned under chapter 1 of title 23, United States Code: Provided further, That a project funded with funds made available under this paragraph in this Act shall be treated as a project on a Federal-aid highway: Provided further, That, of the funds made available under this paragraph in this Act for a fiscal year, 3 percent shall be set aside to carry out section 202(d) of title 23, United States Code: Provided further, That funds set aside under the preceding proviso to carry out section 202(d) of such title shall be in addition to funds otherwise made available to carry out such section and shall be administered as if made available under such section: Provided further, That for funds set aside under the third proviso of this paragraph in this Act to carry out section 202(d) of title 23, United States Code, the Federal share of the costs shall be 100 percent: Provided further, That, <<NOTE: Definitions.>> for the purposes of funds made available under this paragraph in this Act: (1) the term ``State'' has the meaning given such term in section 101 of title 23, United States Code; (2) the term ``off-system bridge'' means a highway bridge located on a public road, other than a bridge on a Federal-aid highway; and (3) the term ``Federal-aid highway'' means a public highway eligible for assistance under chapter 1 of title 23, United States Code, other than a highway functionally classified as a local road or rural minor collector: Provided further, That up to one-half of one percent of the amounts made available under this [[Page 135 STAT. 1421]] paragraph in this Act in each fiscal year shall be for the administration and operations of the Federal Highway Administration: Provided further, That, after setting aside funds under the third proviso of this paragraph in this Act the Secretary shall distribute the remaining funds made available under this paragraph in this Act among States as follows-- (A) 75 percent by the proportion that the total cost of replacing all bridges classified in poor condition in such State bears to the sum of the total cost to replace all bridges classified in poor condition in all States; and (B) 25 percent by the proportion that the total cost of rehabilitating all bridges classified in fair condition in such State bears to the sum of the total cost to rehabilitate all bridges classified in fair condition in all States: Provided further, That the amounts calculated under the preceding proviso shall be adjusted such that each State receives, for each of fiscal years 2022 through 2026, no less than $45,000,000 under such proviso: Provided further, That <<NOTE: Determination. Replacement costs.>> for purposes of the preceding 2 provisos, the Secretary shall determine replacement and rehabilitation costs based on the average unit costs of bridges from 2016 through 2020, as submitted by States to the Federal Highway Administration, as required by section 144(b)(5) of title 23, United States Code: Provided further, That <<NOTE: Determination. Bridges.>> for purposes of determining the distribution of funds to States under this paragraph in this Act, the Secretary shall calculate the total deck area of bridges classified as in poor or fair condition based on the National Bridge Inventory as of December 31, 2020: Provided further, That, subject to the following proviso, funds made available under this paragraph in this Act that are distributed to States shall be used for highway bridge replacement, rehabilitation, preservation, protection, or construction projects on public roads: Provided further, That of the funds made available under this paragraph in this Act that are distributed to a State, 15 percent shall be set aside for use on off-system bridges for the same purposes as described in the preceding proviso: Provided further, That, <<NOTE: Determination.>> except as provided in the following proviso, for funds made available under this paragraph in this Act that are distributed to States, the Federal share shall be determined in accordance with section 120 of title 23, United States Code: Provided further, That for funds made available under this paragraph in this Act that are distributed to States and used on an off-system bridge that is owned by a county, town, township, city, municipality or other local agency, or federally-recognized Tribe the Federal share shall be 100 percent; (2) $5,000,000,000, to remain available until expended for amounts made available for each of fiscal years 2022 through 2026, shall be to carry out a National Electric Vehicle Formula Program (referred to in this paragraph in this Act as the ``Program'') to provide funding to States to strategically deploy electric vehicle charging infrastructure and to establish an interconnected network to facilitate data collection, access, and reliability: Provided, That funds made available under this paragraph in this Act shall be used for: (1) the acquisition and installation of electric vehicle charging infrastructure to serve as a catalyst for the deployment of such infrastructure and to connect it to a network to facilitate data collection, access, and reliability; (2) proper operation and maintenance of electric vehicle charging infrastructure; and (3) data sharing [[Page 135 STAT. 1422]] about electric vehicle charging infrastructure to ensure the long-term success of investments made under this paragraph in this Act: Provided further, That for each of fiscal years 2022 through 2026, the Secretary shall distribute among the States the funds made available under this paragraph in this Act so that each State receives an amount equal to the proportion that the total base apportionment or allocation determined for the State under subsection (c) of section 104 or under section 165 of title 23, United States Code, bears to the total base apportionments or allocations for all States under subsection (c) of section 104 and section 165 of title 23, United States Code: Provided further, That the Federal share payable for the cost of a project funded under this paragraph in this Act shall be 80 percent: Provided further, That <<NOTE: Deadline. Plan. Web posting.>> tn poor condition in such State bears to the sum of the total cost to replace all bridges classified in poor condition in all States; and (B) 25 percent by the proportion that the total cost of rehabilitating all bridges classified in fair condition in such State bears to the sum of the total cost to rehabilitate all bridges classified in fair condition in all States: Provided further, That the amounts calculated under the preceding proviso shall be adjusted such that each State receives, for each of fiscal years 2022 through 2026, no less than $45,000,000 under such proviso: Provided further, That <<NOTE: Determination. Replacement costs.>> for purposes of the preceding 2 provisos, the Secretary shall determine replacement and rehabilitation costs based on the average unit costs of bridges from 2016 through 2020, as submitted by States to the Federal Highway Administration, as required by section 144(b)(5) of title 23, United States Code: Provided further, That <<NOTE: Determination. Bridges.>> for purposes of determining the distribution of funds to States under this paragraph in this Act, the Secretary shall calculate the total deck area of bridges classified as in poor or fair condition based on the National Bridge Inventory as of December 31, 2020: Provided further, That, subject to the following proviso, funds made available under this paragraph in this Act that are distributed to States shall be used for highway bridge replacement, rehabilitation, preservation, protection, or construction projects on public roads: Provided further, That of the funds made available under this paragraph in this Act that are distributed to a State, 15 percent shall be set aside for use on off-system bridges for the same purposes as described in the preceding proviso: Provided further, That, <<NOTE: Determination.>> except as provided in the following proviso, for funds made available under this paragraph in this Act that are distributed to States, the Federal share shall be determined in accordance with section 120 of title 23, United States Code: Provided further, That for funds made available under this paragraph in this Act that are distributed to States and used on an off-system bridge that is owned by a county, town, township, city, municipality or other local agency, or federally- recognized Tribe the Federal share shall be 100 percent; (2) $5,000,000,000, to remain available until expended for amounts made available for each of fiscal years 2022 through 2026, shall be to carry out a National Electric Vehicle Formula Program (referred to in this paragraph in this Act as the ``Program'') to provide funding to States to strategically deploy electric vehicle charging infrastructure and to establish an interconnected network to facilitate data collection, access, and reliability: Provided, That funds made available under this paragraph in this Act shall be used for: (1) the acquisition and installation of electric vehicle charging infrastructure to serve as a catalyst for the deployment of such infrastructure and to connect it to a network to facilitate data collection, access, and reliability; (2) proper operation and maintenance of electric vehicle charging infrastructure; and (3) data sharing[[Page 135 STAT. 1422]] about electric vehicle charging infrastructure to ensure the long-term success of investments made under this paragraph in this Act: Provided further, That for each of fiscal years 2022 through 2026, the Secretary shall distribute among the States the funds made available under this paragraph in this Act so that each State receives an amount equal to the proportion that the total base apportionment or allocation determined for the State under subsection (c) of section 104 or under section 165 of title 23, United States Code, bears to the total base apportionments or allocations for all States under subsection (c) of section 104 and section 165 of title 23, United States Code: Provided further, That the Federal share payable for the cost of a project funded under this paragraph in this Act shall be 80 percent: Provided further, That <<NOTE: Deadline. Plan. Web posting.>> tn poor condition in such State bears to the sum of the total cost to replace all bridges classified in poor condition in all States; and (B) 25 percent by the proportion that the total cost of rehabilitating all bridges classified in fair condition in such State bears to the sum of the total cost to rehabilitate all bridges classified in fair condition in all States: Provided further, That the amounts calculated under the preceding proviso shall be adjusted such that each State receives, for each of fiscal years 2022 through 2026, no less than $45,000,000 under such proviso: Provided further, That <<NOTE: Determination. Replacement costs.>> for purposes of the preceding 2 provisos, the Secretary shall determine replacement and rehabilitation costs based on the average unit costs of bridges from 2016 through 2020, as submitted by States to the Federal Highway Administrati\DISC\OUT\PUBL058.117\DISC\GRID\G0731.CDDing with regard to power levels and charging speed, and minimizing the time to charge current and anticipated vehicles; and (9) any other factors, as determined by the Secretary: Provided further, That <<NOTE: Deadline. Public information. Web posting. Reports. Summaries. Assessment.>> if a State determines, and the Secretary certifies, that the designated alternative fuel corridors in the States are fully built out, then the State may use funds provided [[Page 135 STAT. 1424]] under this paragraph for electric vehicle charging infrastructure on any public road or in other publically accessible locations, such as parking facilities at public buildings, public schools, and public parks, or in publically accessible parking facilities owned or managed by a private entity: Provided further, That subject to the minimum standards and requirements established under the following proviso, funds made available under this paragraph in this Act may be used for: (1) the acquisition or installation of electric vehicle charging infrastructure; (2) operating assistance for costs allocable to operating and maintaining electric vehicle charging infrastructure acquired or installed under this paragraph in this Act, for a period not to exceed five years; (3) the acquisition or installation of traffic control devices located in the right-of-way to provide directional information to electric vehicle charging infrastructure acquired, installed, or operated under this paragraph in this Act; (4) on-premises signs to provide information about electric vehicle charging infrastructure acquired, installed, or operated under this paragraph in this Act; (5) <<NOTE: Determination.>> development phase activities relating to the acquisition or installation of electric vehicle charging infrastructure, as determined by the Secretary; or (6) <<NOTE: Notification. Consultation. Time period.>> mapping and analysis activities to evaluate, in an area in the United States designated by the eligible entity, the locations of current and future electric vehicle owners, to forecast commuting and travel patterns of electric vehicles and the quantity of electricity required to serve electric vehicle charging stations, to estimate the concentrations of electric vehicle charging stations to meet the needs of current and future electric vehicle drivers, to estimate future needs for electric vehicle charging stations to support the adoption and use of electric vehicles in shared mobility solutions, such as micro-transit and transportation network companies, and to develop an analytical model to allow a city, county, or other political subdivision of a State or a local agency to compare and evaluate different adoption and use scenarios for electric vehicles and electric vehicle charging stations: Provided further, That not later than 180 days <<NOTE: Notification. Deadline. Appeal.>> after the date of enactment of this Act, the Secretary of Transportation, in coordination with the Secretary of Energy and in consultation with relevant stakeholders, shall, as appropriate, develop minimum standards and requirements related to: (1) the installation, operation, or maintenance by qualified technicians of electric vehicle charging infrastructure under this paragraph in this Act; (2) the interoperability of electric vehicle charging infrastructure under this paragraph in this Act; (3) any traffic control device or on-premises sign acquired, installed, or operated under this paragraph in this Act; (4) any data requested by the Secretary related to a project funded under this paragraph in this Act, including the format and schedule for the submission of such data; (5) network connectivity of electric vehicle charging infrastructure; and (6) information on publicly available electric vehicle charging infrastructure locations, pricing, real-time availability, and accessibility through mapping applications: Provided further, That <<NOTE: Determination.>> not later than 1 year after the date of enactment of this Act, the Secretary shall designate national electric vehicle charging corridors that identify the near- and long-term need for, and the location of, electric vehicle charging [[Page 135 STAT. 1425]] infrastructure to support freight and goods movement at strategic locations along major national highways, the National Highway Freight Network established under section 167 of title 23, United States Code, and goods movement locations including ports, intermodal centers, and warehousing locations: Provided further, That the report issued under section 151(e) of title 23, United States Code, shall include a description of efforts to achieve strategic deployment of electric vehicle charging infrastructure in electric vehicle charging corridors, including progress on the implementation of the Program under this paragraph in this Act: Provided further, That, for fiscal year 2022, before distributing funds made available under this paragraph in this Act to States, the Secretary shall set aside from funds made available under this paragraph in this Act to carry out this paragraph in this Act not more than $300,000,000, which may be transferred to the Joint Office described in the twenty-fourth proviso of this paragraph in this Act, to establish such Joint Office and carry out its duties under this paragraph in this Act: Provided further, That, for each of fiscal years 2022 through 2026, after setting aside funds under the preceding proviso, and before distributing funds made available under this paragraph in this Act to States, the Secretary shall set aside from funds made available under this paragraph in this Act for such fiscal year to carry out this paragraph in this Act 10 percent for grants to States or localities that require additional assistance to strategically deploy electric vehicle charging infrastructure: Provided further, That not later than 1 year <<NOTE: Contracts.>> after the date of enactment of this Act, the Secretary shall establish a grant program to administer to States or localities the amounts set aside under the preceding proviso: Provided further, That, except as otherwise specified under this paragraph in this Act, funds made available under this paragraph in this Act, other than funds transferred under the nineteenth proviso of this paragraph in this Act to the Joint Office, shall be administered as if apportioned under chapter 1 of title 23, United States Code: Provided further, That funds made available under this paragraph in this Act shall not be transferable under section 126 of title 23, United States Code: Provided further, That <<NOTE: Deadline. Coordination.>> there is established a Joint Office of Energy and Transportation (referred to in this paragraph in this Act as the ``Joint Office'') in the Department of Transportation and the Department of Energy to study, plan, coordinate, and implement issues of joint concern between the two agencies, which shall include: (1) technical assistance related to the deployment, operation, and maintenance of zero emission vehicle charging and refueling infrastructure, renewable energy generation, vehicle-to-grid integration, including microgrids, and related programs and policies; (2) data sharing of installation, maintenance, and utilization in order to continue to inform the network build out of zero emission vehicle charging and refueling infrastructure; (3) performance of a national and regionalized study of zero emission vehicle charging and refueling infrastructure needs and deployment factors, to support grants for community resilience and electric vehicle integration; (4) development and deployment of training and certification programs; (5) establishment and implementation of a program to promote renewable [[Page 135 STAT. 1426]] energy generation, storage, and grid integration, including microgrids, in transportation rights-of-way; (6) studying, planning, and funding for high-voltage distributed current infrastructure in the rights-of way of the Interstate System and for constructing high-voltage and or medium-voltage transmission pilots in the rights-of-way of the Interstate System; (7) research, strategies, and actions under the Departments' statutory authorities to reduce transportation-related emissions and mitigate the effects of climate change; (8) development of a streamlined utility accommodations policy for high-voltage and medium-voltage transmission in the transportation right-of-way; and (9) any other issues that the Secretary of Transportation and the Secretary of Energy identify as issues of joint interest: Provided further, That <<NOTE: Coordination.>> the Joint Office of Energy and Transportation shall establish and maintain a public database, accessible on both Department of Transportation and Department of Energy websites, that includes: (1) information maintained on the Alternative Fuel Data Center by the Office of Energy Efficiency and Renewable Energy of the Department of Energy with respect to the locations of electric vehicle charging stations; (2) potential locations for electric vehicle charging stations identified by eligible entities through the program; and (3) the ability to sort generated results by various characteristics with respect to electric vehicle charging stations, including location, in terms of the State, city, or county; status (operational, under construction, or planned); and charging type, in terms of Level 2 charging equipment or Direct Current Fast Charging Equipment: Provided further, That the Secretary of Transportation and the Secretary of Energy shall cooperatively administer the Joint Office consistent with this paragraph in this Act: Provided further, That the Secretary of Transportation and the Secretary of Energy may transfer funds between the Department of Transportation and the Department of Energy from funds provided under this paragraph in this Act to establish the Joint Office and to carry out its duties under this paragraph in this Act and any such funds or portions thereof transferred to the Joint Office may be transferred back to and merged with this account: Provided further, That <<NOTE: Determination. Certification.>> the Secretary of Transportation and the Secretary of Energy shall notify the House and Senate Committees on Appropriations not less than 15 days prior to transferring any funds under the previous proviso: Provided further, That <<NOTE: Determination.>> for the purposes of funds made available under this paragraph in this Act: (1) the term ``State'' has the meaning given such term in section 101 of title 23, United States Code; and (2) the term ``Federal-aid highway'' means a public highway eligible for assistance under chapter 1 of title 23, United States Code, other than a highway functionally classified as a local road or rural minor collector: Provided further, That, of the funds made available in this division or division A of this Act for the Federal lands transportation program under section 203 of title 23, United States Code, not less than $7,000,000 shall be made available for each Federal agency otherwise eligible to compete for amounts made available under that section for each of fiscal years 2022 through 2026; [[Page 135 STAT. 1427]] (3) $3,200,000,000 shall be to carry out the Nationally Significant Freight and Highway Projects program under section 117 of title 23, United States Code; (4) $9,235,000,000 shall be to carry out the Bridge Investment Program under section 124 of title 23, United States Code: Provided, That, of the funds made available under this paragraph in this Act for a fiscal year, $20,000,000 shall be set aside to carry out section 202(d) of title 23, United States Code: Provided further, That, of the funds made available under this paragraph in this Act for a fiscal year, $20,000,000 shall be set aside to provide grants for planning, feasibility analysis, and revenue forecasting associated with the development of a project that would subsequently be eligible to apply for assistance under this paragraph: Provided further, That funds set aside under the first proviso of this paragraph in this Act to carry out section 202(d) of such title shall be in addition to funds otherwise made available to carry out such section and shall be administered as if made available under such section: Provided further, That for funds set aside under the first proviso of this paragraph in this Act to carry out section 202(d) of title 23, United States Code, the Federal share of the costs shall be 100 percent; (5) $150,000,000 shall be to carry out the Reduction of Truck Emissions at Port Facilities Program under section 11402 of division A of this Act: Provided, That, except as otherwise provided in section 11402 of division A of this Act, the funds made available under this paragraph in this Act shall be administered as if apportioned under chapter 1 of title 23, United States Code; (6) $95,000,000, to remain available until expended for amounts made available for each of fiscal years 2022 through 2026, shall be to carry out the University Transportation Centers Program under section 5505 of title 49, United States Code; (7) $500,000,000, to remain available until expended for amounts made available for each of fiscal years 2022 through 2026, shall be to carry out the Reconnecting Communities Pilot Program (referred to under this paragraph in this Act as the ``pilot program'') under section 11509 of division A of this Act, of which $100,000,000 shall be for planning grants under section 11509(c) of division A of this Act and of which $400,000,000 shall be available for capital construction grants under section 11509(d) of division A of this Act: Provided, That of the amounts made available under this paragraph in this Act for section 11509(c) of division A of this Act, the Secretary may use not more than $15,000,000 during the period of fiscal years 2022 through 2026 to provide technical assistance under section 11509(c)(3) of division A of this Act: Provided further, That, except as otherwise provided in section 11509 of division A of this Act, amounts made available under this paragraph in this Act shall be administered as if made available under chapter 1 of title 23, United States Code; (8) $342,000,000, to remain available until expended for amounts made available for each of fiscal years 2022 through 2026, shall be to carry out the Construction of Ferry Boats and Ferry Terminal Facilities program under section 147 of title 23, United States Code: Provided, That amounts made [[Page 135 STAT. 1428]] available under this paragraph in this Act shall be administered as if made available under section 147 of title 23, United States Code; and (9) $1,250,000,000, to remain available until expended for amounts made available for each of fiscal years 2022 through 2026, shall be for construction of the Appalachian Development Highway System as authorized under section 1069(y) of Public Law 102-240: Provided, That, <<NOTE: Definition.>> for the purposes of funds made available under this paragraph in this Act for construction of the Appalachian Development Highway System, the term ``Appalachian State'' means a State that contains 1 or more counties (including any political subdivision located within the area) in the Appalachian region, as defined in section 14102(a) of title 40, United States Code: Provided further, That a project carried out with funds made available under this paragraph in this Act for construction of the Appalachian Development Highway System shall be made available for obligation in the same manner as if apportioned under chapter 1 of title 23, United States Code, except that: (1) the Federal share of the cost of any project carried out with those amounts shall be determined in accordance with section 14501 of title 40, United States Code; and (2) the amounts shall be available to construct highways and access roads under section 14501 of title 40, United States Code: Provided further, That, <<NOTE: Consultation. Apportionment.>> subject to the following two provisos, in consultation with the Appalachian Regional Commission, the funds made available under this paragraph in this Act for construction of the Appalachian Development Highway System shall be apportioned to Appalachian States according to the percentages derived from the 2021 Appalachian Development Highway System Cost-to-Complete Estimate, dated March 2021, and confirmed as each Appalachian State's relative share of the estimated remaining need to complete the Appalachian Development Highway System, adjusted to exclude those corridors that such States have no current plans to complete, as reported in the 2013 Appalachian Development Highway System Completion Report, unless those States have modified and assigned a higher priority for completion of an Appalachian Development Highway System corridor, as reported in the 2020 Appalachian Development Highway System Future Outlook: Provided further, That <<NOTE: Apportionments.>> the Secretary shall adjust apportionments made under the third proviso in this paragraph in this Act so that no Appalachian State shall be apportioned an amount in excess of 30 percent of the amount made available for construction of the Appalachian Development Highway System under this heading: Provided further, That the Secretary shall adjust <<NOTE: Apportionments.>> apportionments made under the third proviso in this paragraph in this Act so that: (1) each State shall be apportioned an amount not less than $10,000,000 for each of fiscal years 2022 through 2026; and (2) notwithstanding paragraph (1) of this proviso, a State shall not receive an apportionment that exceeds the remaining funds needed to complete the Appalachian development highway corridor or corridors in the State, as identified in the latest available cost to complete estimate for the system prepared by the Appalachian Regional Commission: Provided further, That the Federal share of the cost of any project carried out with [[Page 135 STAT. 1429]] funds made available under this paragraph in this Act shall be up to 100 percent, as determined by the State: Provided further, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 4112(a) of H. Con. Res. 71 (115th Congress), the concurrent resolution on the budget for fiscal year 2018, and to section 251(b) of the Balanced Budget and Emergency Deficit Control Act of 1985. Federal Motor Carrier Safety Administration motor carrier safety operations and program For an additional amount for ``Motor Carrier Safety Operations and Program'', $50,000,000, to remain available until September 30, 2029, to carry out motor carrier safety operations and programs pursuant to section 31110 of title 49, United States Code, in addition to amounts otherwise provided for such purpose: Provided, That $10,000,000, to remain available until September 30, 2025, shall be made available for fiscal year 2022, $10,000,000, to remain available until September 30, 2026, shall be made available for fiscal year 2023, $10,000,000, to remain available until September 30, 2027, shall be made available for fiscal year 2024, $10,000,000, to remain available until September 30, 2028, shall be made available for fiscal year 2025, and $10,000,000, to remain available until September 30, 2029, shall be made available for fiscal year 2026: Provided further, That amounts made available under this heading in this Act shall be derived from the general fund of the Treasury, shall be in addition to any other amounts made available for such purpose, and shall not affect the distribution or amount of funds provided in any Act making annual appropriations: Provided further, That obligations of funds under this heading in this Act shall not be subject to any limitations on obligations provided in any Act making annual appropriations: Provided further, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 4112(a) of H. Con. Res. 71 (115th Congress), the concurrent resolution on the budget for fiscal year 2018, and pursuant to section 251(b) of the Balanced Budget and Emergency Deficit Control Act of 1985. motor carrier safety grants For an additional amount for ``Motor Carrier Safety Grants'', $622,500,000, to remain available until September 30, 2029, to carry out sections 31102, 31103, 31104, and 31313 of title 49, United States Code, in addition to amounts otherwise provided for such purpose: Provided, That $124,500,000, to remain available until September 30, 2025, shall be made available for fiscal year 2022, $124,500,000, to remain available until September 30, 2026, shall be made available for fiscal year 2023, $124,500,000, to remain available until September 30, 2027, shall be made available for fiscal year 2024, $124,500,000, to remain available until September 30, 2028, shall be made available for fiscal year 2025, and $124,500,000, to remain available until September 30, 2029, shall be made available for fiscal year 2026: Provided further, That, of the amounts provided under this heading in this Act, the following amounts shall be available for the following purposes in equal amounts for each of fiscal years 2022 through 2026-- [[Page 135 STAT. 1430]] (1) up to $400,000,000 shall be for the motor carrier safety assistance program; (2) up to $80,000,000 shall be for the commercial driver's license program implementation program; (3) up to $132,500,000 shall be for the high priority activities program; and (4) up to $10,000,000 shall be for commercial motor vehicle operators grants: Provided further, That amounts made available under this heading in this Act shall be derived from the general fund of the Treasury, shall be in addition to any other amounts made available for such purpose, and shall not affect the distribution or amount of funds provided in any Act making annual appropriations: Provided further, That obligations of funds under this heading in this Act shall not be subject to any limitations on obligations provided in any Act making annual appropriations: Provided further, That up to 1.5 percent of the amounts made available under this heading in this Act in each fiscal year shall be for oversight and administration: Provided further, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 4112(a) of H. Con. Res. 71 (115th Congress), the concurrent resolution on the budget for fiscal year 2018, and pursuant to section 251(b) of the Balanced Budget and Emergency Deficit Control Act of 1985. National Highway Traffic Safety Administration crash data (including transfer of funds) For an additional amount for ``Crash Data'', $750,000,000, to remain available until September 30, 2029, to carry out section 24108 of division B of this Act: Provided, That $150,000,000, to remain available until September 30, 2025, shall be made available for fiscal year 2022, $150,000,000, to remain available until September 30, 2026, shall be made available for fiscal year 2023, $150,000,000, to remain available until September 30, 2027, shall be made available for fiscal year 2024, $150,000,000, to remain available until September 30, 2028, shall be made available for fiscal year 2025, and $150,000,000, to remain available until September 30, 2029, shall be made available for fiscal year 2026: Provided further, That up to 3 percent of the amounts made available under this heading in this Act in each of fiscal years 2022 through 2026 shall be for salaries and expenses, administration, and oversight, and shall be transferred and merged with the appropriations under the heading ``Operations and Research'': Provided further, That <<NOTE: Deadline. Funding plan.>> not later than 90 days after the date of enactment of this Act, the Secretary of Transportation shall submit to the House and Senate Committees on Appropriations a funding allocation plan for fiscal year 2022: Provided further, That <<NOTE: Funding plan.>> for each fiscal year through 2026, as part of the annual budget submission of the President under section 1105(a) of title 31, United States Code, the Secretary of Transportation shall submit a funding allocation plan for funding that will be made available under this heading in the upcoming fiscal year: Provided further, That such amount [[Page 135 STAT. 1431]] is designated by the Congress as being for an emergency requirement pursuant to section 4112(a) of H. Con. Res. 71 (115th Congress), the concurrent resolution on the budget for fiscal year 2018, and pursuant to section 251(b) of the Balanced Budget and Emergency Deficit Control Act of 1985. vehicle safety and behavioral research programs (including transfer of funds) For an additional amount for ``Vehicle Safety and Behavioral Research Programs'', $548,500,000, to remain available until September 30, 2029, to carry out the provisions of section 403 of title 23, United States Code, including behavioral research on Automated Systems and Advanced Driver Assistance Systems and improving consumer responses to safety recalls, and chapter 303 of title 49, United States Code, in addition to amounts otherwise provided for such purpose: Provided, That $109,700,000, to remain available until September 30, 2025, shall be made available for fiscal year 2022, $109,700,000, to remain available until September 30, 2026, shall be made available for fiscal year 2023, $109,700,000, to remain available until September 30, 2027, shall be made available for fiscal year 2024, $109,700,000, to remain available until September 30, 2028, shall be made available for fiscal year 2025, and $109,700,000 to remain available until September 30, 2029, shall be made available for fiscal year 2026: Provided further, That amounts made available under this heading in this Act shall be derived from the general fund of the Treasury: Provided further, That obligations of funds under this heading in this Act shall not be subject to any limitations on obligations provided in any Act making annual appropriations: Provided further, That of the amounts made available under this heading in this Act, up to $350,000,000 may be transferred to ``Operations and Research'' to carry out traffic and highway safety authorized under chapter 301 and part C of subtitle VI of title 49, United States Code: Provided further, That <<NOTE: Deadline. Funding allocation.>> not later than 90 days after the date of enactment of this Act, the Secretary of Transportation shall submit to the House and Senate Committees on Appropriations a funding allocation for fiscal year 2022: Provided further, That <<NOTE: Funding allocation.>> for each fiscal year through 2026, as part of the annual budget submission of the President under section 1105(a) of title 31, United States Code, the Secretary of Transportation shall submit a funding allocation for funding that will be made available under this heading in the upcoming fiscal year: Provided further, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 4112(a) of H. Con. Res. 71 (115th Congress), the concurrent resolution on the budget for fiscal year 2018, and pursuant to section 251(b) of the Balanced Budget and Emergency Deficit Control Act of 1985. supplemental highway traffic safety programs For an additional amount for ``Supplemental Highway Traffic Safety Programs'', $310,000,000, to remain available until September 30, 2029, to carry out sections 402 and 405 of title 23, United States Code, and section 24101(a)(5) of division B of this Act: Provided, That $62,000,000, to remain available until September 30, 2025, shall be made available for fiscal year 2022, [[Page 135 STAT. 1432]] $62,000,000, to remain available until September 30, 2026, shall be made available for fiscal year 2023, $62,000,000, to remain available until September 30, 2027, shall be made available for fiscal year 2024, $62,000,000, to remain available until September 30, 2028, shall be made available for fiscal year 2025, and $62,000,000 to remain available until September 30, 2029, shall be made available for fiscal year 2026: Provided further, That amounts made available under this heading in this Act shall be derived from the general fund of the Treasury: Provided further, That obligations of funds under this heading in this Act shall not be subject to any limitations on obligations provided in any Act making annual appropriations: Provided further, That, of the amounts provided under this heading in this Act, the following amounts shall be for the following purposes in equal amounts for each of fiscal years 2022 through 2026: (1) $100,000,000 shall be for highway safety programs under section 402 of title 23, United States Code; (2) $110,000,000 shall be for national priority safety programs under section 405 of title 23, United States Code; and (3) $100,000,000 shall be for administrative expenses under section 24101(a)(5) of division B of this Act: Provided further, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 4112(a) of H. Con. Res. 71 (115th Congress), the concurrent resolution on the budget for fiscal year 2018, and pursuant to section 251(b) of the Balanced Budget and Emergency Deficit Control Act of 1985. Federal Railroad Administration consolidated rail infrastructure and safety improvements For an additional amount for ``Consolidated Rail Infrastructure and Safety Improvements'', $5,000,000,000, to remain available until expended, for competitive grants, as authorized under section 22907 of title 49, United States Code: Provided, That $1,000,000,000, to remain available until expended, shall be made available for fiscal year 2022, $1,000,000,000, to remain available until expended, shall be made available for fiscal year 2023, $1,000,000,000, to remain available until expended, shall be made available for fiscal year 2024, $1,000,000,000, to remain available until expended, shall be made available for fiscal year 2025, and $1,000,000,000, to remain available until expended, shall be made available for fiscal year 2026: Provided further, That the Secretary may withhold up to 2 percent of the amounts provided under this heading in this Act in each fiscal year for the costs of award and project management oversight of grants carried out under section 22907 of title 49, United States Code: Provided further, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 4112(a) of H. Con. Res. 71 (115th Congress), the concurrent resolution on the budget for fiscal year 2018, and to section 251(b) of the Balanced Budget and Emergency Deficit Control Act of 1985. [[Page 135 STAT. 1433]] northeast corridor grants to the national railroad passenger corporation (including transfer of funds) For an additional amount for ``Northeast Corridor Grants to the National Railroad Passenger Corporation'', $6,000,000,000, to remain available until expended, for activities associated with the Northeast Corridor, as authorized by section 22101(a) of division B of this Act: Provided, That $1,200,000,000, to remain available until expended, shall be made available for fiscal year 2022, $1,200,000,000, to remain available until expended, shall be made available for fiscal year 2023, $1,200,000,000, to remain available until expended, shall be made available for fiscal year 2024, $1,200,000,000, to remain available until expended, shall be made available for fiscal year 2025, and $1,200,000,000, to remain available until expended, shall be made available for fiscal year 2026: Provided further, That <<NOTE: Capital projects.>> the amounts made available under this heading in this Act shall be made available for capital projects for the purpose of eliminating the backlog of obsolete assets and Amtrak's deferred maintenance backlog of rolling stock, facilities, stations, and infrastructure: Provided further, That amounts made available under this heading in this Act shall be made available for the following capital projects-- (1) acquiring new passenger rolling stock for the replacement of single-level passenger cars used in Amtrak's Northeast Corridor services, and associated rehabilitation, upgrade, and expansion of facilities used to maintain and store such equipment; (2) bringing Amtrak-served stations to full compliance with the Americans with Disabilities Act; (3) eliminating the backlog of deferred capital work on sole-benefit Amtrak-owned assets located on the Northeast Corridor; or (4) carrying out Northeast Corridor capital renewal backlog projects: Provided further, That <<NOTE: Deadline. Spend plan. List.>> not later than 180 days after the date of enactment of this Act, the Secretary of Transportation shall submit to the House and Senate Committees on Appropriations a detailed spend plan, including a list of project locations under the preceding proviso to be funded for fiscal year 2022: Provided further, That <<NOTE: Spend plan. List.>> for each fiscal year through 2026, as part of the annual budget submission of the President under section 1105(a) of title 31, United States Code, the Secretary of Transportation shall submit a detailed spend plan for that fiscal year, including a list of project locations under the third proviso: Provided further, That amounts made available under this heading in this Act shall be in addition to other amounts made available for such purposes, including to enable the Secretary of Transportation to make or amend existing grants to Amtrak for activities associated with the Northeast Corridor, as authorized by section 22101(a) of division B of this Act: Provided further, That amounts made available under this heading in this Act may be used by Amtrak to fund, in whole or in part, the capital costs of Northeast Corridor capital renewal backlog projects, including the costs of joint public transportation and intercity passenger rail capital projects, notwithstanding the limitations in section 24319(g) and section 24905(c) of title 49, [[Page 135 STAT. 1434]] United States Code: Provided further, That notwithstanding section 24911(f) of title 49, United States Code, amounts made available under this heading in this Act may be used as non-Federal share for Northeast Corridor projects selected for award under such section after the date of enactment of this Act: Provided further, That the Secretary may retain up to one half of 1 percent of the amounts made available under both this heading in this Act and the ``National Network Grants to the National Railroad Passenger Corporation'' heading in this Act to fund the costs of oversight of Amtrak, as authorized by section 22101(c) of division B of this Act: Provided further, That in addition to the oversight funds authorized under section 22101(c) of division B of this Act, the Secretary may retain up to $5,000,000 of the funds made available under this heading in this Act for each fiscal year for the Northeast Corridor Commission established under section 24905 of title 49, United States Code, to facilitate a coordinated and efficient delivery of projects carried out under this heading in this Act: Provided further, That amounts made available under this heading in this Act may be transferred to and merged with amounts made available under the heading ``National Network Grants to the National Railroad Passenger Corporation'' in this Act for the purposes authorized under that heading: Provided further, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 4112(a) of H. Con. Res. 71 (115th Congress), the concurrent resolution on the budget for fiscal year 2018, and to section 251(b) of the Balanced Budget and Emergency Deficit Control Act of 1985. national network grants to the national railroad passenger corporation (including transfer of funds) For an additional amount for ``National Network Grants to the National Railroad Passenger Corporation'', $16,000,000,000, to remain available until expended, for activities associated with the National Network, as authorized by section 22101(b) of division B of this Act: Provided, That $3,200,000,000, to remain available until expended, shall be made available for fiscal year 2022, $3,200,000,000, to remain available until expended, shall be made available for fiscal year 2023, $3,200,000,000, to remain available until expended, shall be made available for fiscal year 2024, $3,200,000,000, to remain available until expended, shall be made available for fiscal year 2025, and $3,200,000,000, to remain available until expended, shall be made available for fiscal year 2026: Provided further, That amounts made available under this heading in this Act shall be made available for capital projects for the purpose of eliminating Amtrak's deferred maintenance backlog of rolling stock, facilities, stations and infrastructure, including-- (1) acquiring new passenger rolling stock to replace obsolete passenger equipment used in Amtrak's long-distance and state-supported services, and associated rehabilitation, upgrade, or expansion of facilities used to maintain and store such equipment; (2) bringing Amtrak-served stations to full compliance with the Americans with Disabilities Act; [[Page 135 STAT. 1435]] (3) eliminating the backlog of deferred capital work on Amtrak-owned railroad assets not located on the Northeast Corridor; and (4) projects to eliminate the backlog of obsolete assets associated with Amtrak's national rail passenger transportation system, such as systems for reservations, security, training centers, and technology: Provided further, That <<NOTE: Deadline. Spend plan. List.>> not later than 180 days after the date of enactment of this Act, the Secretary of Transportation shall submit to the House and Senate Committees on Appropriations a detailed spend plan, including a list of project locations under the preceding proviso to be funded for fiscal year 2022: Provided further, That <<NOTE: Spend plan. List.>> for each fiscal year through 2026, as part of the annual budget submission of the President under section 1105(a) of title 31, United States Code, the Secretary of Transportation shall submit a detailed spend plan for that fiscal year, including a list of project locations under the third proviso: Provided further, That of the amounts made available under this heading in this Act, and in addition to amounts made available for similar purposes under this heading in prior Acts, Amtrak shall use such amounts as necessary for the replacement of single-level passenger cars and associated rehabilitation, upgrade, and expansion of facilities used to maintain and store such passenger cars, and such amounts shall be for its direct costs and in lieu of payments from States for such purposes, notwithstanding section 209 of the Passenger Rail Investment and Improvement Act of 2008 (Public Law 110-432), as amended: Provided further, That amounts made available under this heading in this Act shall be in addition to other amounts made available for such purposes, including to enable the Secretary of Transportation to make or amend existing grants to Amtrak for activities associated with the National Network, as authorized by section 22101(b) of division B of this Act: Provided further, That in addition to the oversight funds authorized under section 22101(c) of division B of this Act, the Secretary may retain up to $3,000,000 of the funds made available under this heading in this Act for each fiscal year for the State-Supported Route Committee established under section 24712(a) of title 49, United States Code: Provided further, That of the funds made available under this heading in this Act, the Secretary may retain up to $3,000,000 for each fiscal year for interstate rail compact grants, as authorized by section 22910 of title 49, United States Code: Provided further, That of the funds made available under this heading in this Act, not less than $50,000,000 for each fiscal year shall be used to make grants, as authorized under section 22908 of title 49 United States Code consistent with the requirements of that section: Provided further, That of the amounts made available under this heading in this Act, such sums as are necessary, shall be available for purposes authorized in section 22214 of division B of this Act: Provided further, That amounts made available under this heading in this Act may be transferred to and merged with amounts made available under the heading ``Northeast Corridor Grants to the National Railroad Passenger Corporation'' in this Act for the purposes authorized under that heading: Provided further, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 4112(a) of H. Con. Res. 71 (115th Congress), the concurrent resolution on the budget for fiscal year [[Page 135 STAT. 1436]] 2018, and to section 251(b) of the Balanced Budget and Emergency Deficit Control Act of 1985. railroad crossing elimination program For an additional amount for ``Railroad Crossing Elimination Program'', $3,000,000,000, to remain available until expended, for competitive grants, as authorized under section 22909 of title 49, United States Code: Provided, That $600,000,000, to remain available until expended, shall be made available for fiscal year 2022, $600,000,000, to remain available until expended, shall be made available for fiscal year 2023, $600,000,000, to remain available until expended, shall be made available for fiscal year 2024, $600,000,000, to remain available until expended, shall be made available for fiscal year 2025, and $600,000,000, to remain available until expended, shall be made available for fiscal year 2026: Provided further, That the Secretary may withhold up to 2 percent of the amounts provided under this heading in this Act for the costs of award and project management oversight of grants carried out under section 22909 of title 49, United States Code: Provided further, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 4112(a) of H. Con. Res. 71 (115th Congress), the concurrent resolution on the budget for fiscal year 2018, and to section 251(b) of the Balanced Budget and Emergency Deficit Control Act of 1985. federal-state partnership for intercity passenger rail grants For an additional amount for ``Federal-State Partnership for Intercity Passenger Rail Grants'', $36,000,000,000, to remain available until expended, for grants, as authorized section 24911 of title 49, United States Code: Provided, That $7,200,000,000, to remain available until expended, shall be made available for fiscal year 2022, $7,200,000,000, to remain available until expended, shall be made available for fiscal year 2023, $7,200,000,000, to remain available until expended, shall be made available for fiscal year 2024, $7,200,000,000, to remain available until expended, shall be made available for fiscal year 2025, and $7,200,000,000, to remain available until expended, shall be made available for fiscal year 2026: Provided further, That, notwithstanding subsection 24911(d)(3) of title 49, United States Code, not more than $24,000,000,000 of the amounts made available under this heading in this Act for fiscal years 2022 through 2026 shall be for projects for the Northeast Corridor: Provided further, That amounts made available under the heading ``Northeast Corridor Grants to the National Railroad Passenger Corporation'' in this Act may be used as non-Federal share for Northeast Corridor projects selected for award under section 24911 of title 49, United States Code, after the date of enactment of this Act, notwithstanding subsection 24911(f) of such title: Provided further, That the Secretary may withhold up to 2 percent of the amount provided under this heading in this Act in each fiscal year for the costs of award and project management oversight of grants carried out under section 24911 of title 49, United States Code: Provided further, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 4112(a) of H. Con. Res. 71 (115th Congress), the concurrent resolution on the budget for fiscal year 2018, [[Page 135 STAT. 1437]] and to section 251(b) of the Balanced Budget and Emergency Deficit Control Act of 1985. administrative provisions--federal railroad administration (including transfer of funds) Sec. 802. Amounts made available to the Secretary of Transportation or to the Federal Railroad Administration in this title in this Act for the costs of award, administration, and project management oversight of financial assistance under the programs that are administered by the Federal Railroad Administration may be transferred to a ``Financial Assistance Oversight and Technical Assistance'' account, to remain available until expended, for the necessary expenses to support the award, administration, project management oversight, and technical assistance of programs administered by the Federal Railroad Administration under this Act: Provided, That one-quarter of one percent of the amounts transferred pursuant to the authority in this section in each of fiscal years 2022 through 2026 shall be transferred to the Office of Inspector General of the Department of Transportation for oversight of funding provided to the Department of Transportation in this title in this Act: Provided further, That one-quarter of one percent of the amounts transferred pursuant to the authority in this section in each of fiscal years 2022 through 2026 shall be transferred to the National Railroad Passenger Corporation Office of Inspector General for oversight of funding provided to the National Railroad Passenger Corporation in this title in this Act. Federal Transit Administration transit infrastructure grants (including transfer of funds) For an additional amount for ``Transit Infrastructure Grants'', $10,250,000,000, to remain available until expended: Provided, That $2,050,000,000, to remain available until expended, shall be made available for fiscal year 2022, $2,050,000,000, to remain available until expended, shall be made available for fiscal year 2023, $2,050,000,000, to remain available until expended, shall be made available for fiscal year 2024, $2,050,000,000, to remain available until expended, shall be made available for fiscal year 2025, and $2,050,000,000, to remain available until expended, shall be made available for fiscal year 2026: Provided further, That the funds made available under this heading in this Act shall be derived from the general fund of the Treasury, shall be in addition to any other amounts made available for such purpose, and shall not affect the distribution of funds provided in any Act making annual appropriations: Provided further, That the funds made available under this heading in this Act shall not be subject to any limitation on obligations for the Federal Public Transportation Assistance Program set forth in any Act making annual appropriations: Provided further, That, of the amount provided under this heading in this Act, the following amounts shall be for the following purposes in equal amounts for each of fiscal years 2022 through 2026-- [[Page 135 STAT. 1438]] (1) $4,750,000,000 shall be to carry out the state of good repair grants under section 5337(c) and (d) of title 49, United States Code; (2) $5,250,000,000 shall be to carry out the low or no emission grants under section 5339(c) of title 49, United States Code; and (3) $250,000,000 shall be to carry out the formula grants for the enhanced mobility of seniors and individuals with disabilities as authorized under section 5310 of title 49, United States Code: Provided further, That not more than two percent of the funds made available under this heading in this Act shall be available for administrative and oversight expenses as authorized under section 5334 and section 5338(c) of title 49, United States Code, and shall be in addition to any other appropriations for such purpose: Provided further, That one-half of one percent of the amounts in the preceding proviso shall be transferred to the Office of Inspector General of the Department of Transportation for oversight of funding provided to the Department of Transportation in this title in this Act: Provided further, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 4112(a) of H. Con. Res. 71 (115th Congress), the concurrent resolution on the budget for fiscal year 2018, and to section 251(b) of the Balanced Budget and Emergency Deficit Control Act of 1985. capital investment grants (including transfer of funds) For an additional amount for ``Capital Investment Grants'', $8,000,000,000, to remain available until expended: Provided, That $1,600,000,000, to remain available until expended, shall be made available for fiscal year 2022, $1,600,000,000, to remain available until expended, shall be made available for fiscal year 2023, $1,600,000,000, to remain available until expended, shall be made available for fiscal year 2024, $1,600,000,000, to remain available until expended, shall be made available for fiscal year 2025, and $1,600,000,000, to remain available until expended, shall be made available for fiscal year 2026: Provided further, That not more than 55 percent of the funds made available under this heading in this Act in each fiscal year may be available for projects authorized under section 5309(d) of title 49, United States Code: Provided further, That not more than 20 percent of the funds made available under this heading in this Act in each fiscal year may be available for projects authorized under section 5309(e) of title 49, United States Code: Provided further, That not more than 15 percent of the funds made available under this heading in this Act in each fiscal year may be available for projects authorized under section 5309(h) of title 49, United States Code: Provided further, That not more than 10 percent of the funds made available under this heading in this Act in each fiscal year may be available for projects authorized under section 3005(b) of the Fixing America's Surface Transportation Act: Provided further, That the Secretary may adjust the percentage limitations in any of the preceding four provisos by up to 5 percent in each fiscal year for which funds are made available under this heading in this Act only [[Page 135 STAT. 1439]] when there are unobligated carry over balances from funds provided for section 5309(d), section 5309(e), or section 5309(h) of title 49, United States Code, or section 3005(b) of the Fixing America's Transportation Act that are equal to or greater than amounts provided under this heading in this Act: <<NOTE: List.>> Provided further, That for each fiscal year through 2026, as part of the annual budget submission of the President under section 1105(a) of title 31, United States Code, the Secretary of Transportation shall submit a list of potential projects eligible for the funds made available under this heading in this Act for that fiscal year, including project locations and proposed funding amounts consistent with the projects Full Funding Grant Agreement annual funding profile where applicable: Provided further, That funds allocated to any project during fiscal years 2015 or 2017 pursuant to section 5309 of title 49, United States Code, shall remain allocated to that project through fiscal year 2023: Provided further, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 4112(a) of H. Con. Res. 71 (115th Congress), the concurrent resolution on the budget for fiscal year 2018, and to section 251(b) of the Balanced Budget and Emergency Deficit Control Act of 1985. all stations accessibility program (including transfer of funds) For an additional amount for ``All Stations Accessibility Program'', $1,750,000,000, to remain available until expended, for the Secretary of Transportation to make competitive grants to assist eligible entities in financing capital projects to upgrade the accessibility of legacy rail fixed guideway public transportation systems for persons with disabilities, including those who use wheelchairs, by increasing the number of existing (as of the date of enactment of this Act) stations or facilities for passenger use that meet or exceed the new construction standards of title II of the Americans with Disabilities Act of 1990 (42 U.S.C. 12131 et seq.): Provided, That $350,000,000, to remain available until expended, shall be made available for fiscal year 2022, $350,000,000, to remain available until expended, shall be made available for fiscal year 2023, $350,000,000, to remain available until expended, shall be made available for fiscal year 2024, $350,000,000, to remain available until expended, shall be made available for fiscal year 2025, and $350,000,000, to remain available until expended, shall be made available for fiscal year 2026: Provided further, That the funds made available under this heading in this Act shall be derived from the general fund of the Treasury: Provided further, That eligible entities under this heading in this Act shall include a State or local government authority: Provided further, That an eligible entity may use a grant awarded under this heading in this Act: (1) for a project to repair, improve, modify, retrofit, or relocate infrastructure of stations or facilities for passenger use, including load-bearing members that are an essential part of the structural frame; or (2) to develop or modify a plan for pursuing public transportation accessibility projects, assessments of accessibility, or assessments of planned modifications to stations or facilities for passenger use: Provided further, That eligible entities are [[Page 135 STAT. 1440]] encouraged to consult with appropriate stakeholders and the surrounding community to ensure accessibility for individuals with disabilities, including accessibility for individuals with physical disabilities, including those who use wheelchairs, accessibility for individuals with sensory disabilities, and accessibility for individuals with intellectual or developmental disabilities: Provided further, That all projects shall at least meet the new construction standards of title II of the Americans with Disabilities Act of 1990: Provided further, That eligible costs for a project funded with a grant awarded under this heading in this Act shall be limited to the costs associated with carrying out the purpose described in the preceding proviso: Provided further, That an eligible entity may not use a grant awarded under this heading in this Act to upgrade a station or facility for passenger use that is accessible to and usable by individuals with disabilities, including individuals who use wheelchairs, consistent with current (as of the date of the upgrade) new construction standards under title II of the Americans with Disabilities Act of 1990 (42 U.S.C. 12131 et seq.): Provided further, That a grant for a project made with amounts made available under this heading in this Act shall be for 80 percent of the net project cost: Provided further, That the total Federal financial assistance available under chapter 53 of title 49, United States Code, for an eligible entity that receives a grant awarded under this heading in this Act may not exceed 80 percent: Provided further, That the recipient of a grant made with amounts made available under this heading in this Act may provide additional local matching amounts: Provided further, That not more than two percent of the funds made available under this heading in this Act shall be available for administrative and oversight expenses as authorized under section 5334 and section 5338(c) of title 49, United States Code, and shall be in addition to any other appropriations for such purpose: Provided further, That one-half of one percent of the of the amounts in the preceding proviso shall be transferred to the Office of Inspector General of the Department of Transportation for oversight of funding provided to the Department of Transportation in this title in this Act: Provided further, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 4112(a) of H. Con. Res. 71 (115th Congress), the concurrent resolution on the budget for fiscal year 2018, and to section 251(b) of the Balanced Budget and Emergency Deficit Control Act of 1985. electric or low-emitting ferry program (including transfer of funds) For competitive grants for electric or low-emitting ferry pilot program grants as authorized under section 71102 of division G of this Act, $250,000,000, to remain available until expended: Provided, That $50,000,000, to remain available until expended, shall be made available for fiscal year 2022, $50,000,000, to remain available until expended, shall be made available for fiscal year 2023, $50,000,000, to remain available until expended, shall be made available for fiscal year 2024, $50,000,000, to remain available until expended, shall be made available for fiscal year 2025, and $50,000,000, to remain available until expended, shall be made available for fiscal year 2026: Provided further, That amounts made [[Page 135 STAT. 1441]] available under this heading in this Act shall be derived from the general fund of the Treasury: Provided further, That the amounts made available under this heading in this Act shall not be subject to any limitation on obligations for transit programs set forth in any Act making annual appropriations: Provided further, That not more than two percent of the funds made available under this heading in this Act shall be available for administrative and oversight expenses as authorized under section 5334 and section 5338(c) of title 49, United States Code, and shall be in addition to any other appropriations for such purpose: Provided further, That one-half of one percent of the of the amounts in the preceding proviso shall be transferred to the Office of Inspector General of the Department of Transportation for oversight of funding provided to the Department of Transportation in this title in this Act: Provided further, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 4112(a) of H. Con. Res. 71 (115th Congress), the concurrent resolution on the budget for fiscal year 2018, and to section 251(b) of the Balanced Budget and Emergency Deficit Control Act of 1985. ferry service for rural communities (including transfer of funds) For competitive grants to States for eligible essential ferry service as authorized under section 71103 of division G of this Act, $1,000,000,000, to remain available until expended: Provided, That $200,000,000, to remain available until expended, shall be made available for fiscal year 2022, $200,000,000, to remain available until expended, shall be made available for fiscal year 2023, $200,000,000, to remain available until expended, shall be made available for fiscal year 2024, $200,000,000, to remain available until expended, shall be made available for fiscal year 2025, and $200,000,000, to remain available until expended, shall be made available for fiscal year 2026: Provided further, That amounts made available under this heading in this Act shall be derived from the general fund of the Treasury: Provided further, That amounts made available under this heading in this Act shall not be subject to any limitation on obligations for the Federal Public Transportation Assistance Program set forth in any Act making annual appropriations: Provided further, That not more than two percent of the funds made available under this heading in this Act shall be available for administrative and oversight expenses as authorized under section 5334 and section 5338(c) of title 49, United States Code, and shall be in addition to any other appropriations for such purpose: Provided further, That one-half of one percent of the amounts in the preceding proviso shall be transferred to the Office of Inspector General of the Department of Transportation for oversight of funding provided to the Department of Transportation in this title in this Act: Provided further, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 4112(a) of H. Con. Res. 71 (115th Congress), the concurrent resolution on the budget for fiscal year 2018, and to section 251(b) of the Balanced Budget and Emergency Deficit Control Act of 1985. [[Page 135 STAT. 1442]] Maritime Administration operations and training For an additional amount for ``Operations and Training'', $25,000,000, to remain available until September 30, 2032, for the America's Marine Highway Program to make grants for the purposes authorized under sections 55601(b)(1) and (3) of title 46, United States Code: Provided, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 4112(a) of H. Con. Res. 71 (115th Congress), the concurrent resolution on the budget for fiscal year 2018, and to section 251(b) of the Balanced Budget and Emergency Deficit Control Act of 1985. port infrastructure development program For an additional amount for ``Port Infrastructure Development Program'', $2,250,000,000, to remain available until September 30, 2036: Provided, That $450,000,000, to remain available until September 30, 2032, shall be made available for fiscal year 2022, $450,000,000, to remain available until September 30, 2033, shall be made available for fiscal year 2023, $450,000,000, to remain available until September 30, 2034, shall be made available for fiscal year 2024, $450,000,000, to remain available until September 30, 2035, shall be made available for fiscal year 2025, and $450,000,000, to remain available until September 30, 2036, shall be made available for fiscal year 2026: Provided further, That for the purposes of amounts made available under this heading in this Act and in prior Acts, and in addition to projects already eligible for awards under this heading, eligible projects, as defined under section 50302(c)(3) of title 46, United States Code, shall also include projects that improve the resiliency of ports to address sea-level rise, flooding, extreme weather events, earthquakes, and tsunami inundation, as well as projects that reduce or eliminate port- related criteria pollutant or greenhouse gas emissions, including projects for-- (1) Port electrification or electrification master planning; (2) Harbor craft or equipment replacements/retrofits; (3) Development of port or terminal micro-grids; (4) Providing idling reduction infrastructure; (5) Purchase of cargo handling equipment and related infrastructure; (6) Worker training to support electrification technology; (7) Installation of port bunkering facilities from ocean- going vessels for fuels; (8) Electric vehicle charge or hydrogen refueling infrastructure for drayage, and medium or heavy duty trucks and locomotives that service the port and related grid upgrades; or (9) Other related to port activities including charging infrastructure, electric rubber-tired gantry cranes, and anti- idling technologies: Provided further, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 4112(a) of H. Con. Res. 71 (115th Congress), the concurrent resolution on the budget for fiscal year 2018, and to section 251(b) of the Balanced Budget and Emergency Deficit Control Act of 1985. [[Page 135 STAT. 1443]] Pipeline and Hazardous Materials Safety Administration natural gas distribution infrastructure safety and modernization grant program (including transfer of funds) For an additional amount for ``Natural Gas Distribution Infrastructure Safety and Modernization Grant Program'', $1,000,000,000, to remain available until expended for the Secretary of Transportation to make competitive grants for the modernization of natural gas distribution pipelines: Provided, That $200,000,000, to remain available until September 30, 2032, shall be made available for fiscal year 2022, $200,000,000, to remain available until September 30, 2033, shall be made available for fiscal year 2023, $200,000,000, to remain available until September 30, 2034, shall be made available for fiscal year 2024, $200,000,000, to remain available until September 30, 2035, shall be made available for fiscal year 2025, and $200,000,000, to remain available until September 30, 2036, shall be made available for fiscal year 2026: Provided further, That grants from funds made available under this heading in this Act shall be available to a municipality or community owned utility (not including for-profit entities) to repair, rehabilitate, or replace its natural gas distribution pipeline system or portions thereof or to acquire equipment to (1) reduce incidents and fatalities and (2) avoid economic losses: <<NOTE: Procedures.>> Provided further, That in making grants from funds made available under this heading in this Act, the Secretary shall establish procedures for awarding grants that take into consideration the following: (1) the risk profile of the existing pipeline system operated by the applicant, including the presence of pipe prone to leakage; (2) the potential of the project for creating jobs; (3) the potential for benefiting disadvantaged rural and urban communities; and (4) economic impact or growth: Provided further, That the Secretary shall not award more than 12.5 percent of the funds available under this heading to a single municipality or community-owned utility: Provided further, That the Secretary <<NOTE: Notice. Deadline.>> shall issue a notice of funding opportunity not later than 180 days after each date upon which funds are made available under the first proviso: <<NOTE: Awards. Deadline.>> Provided further, That the Secretary shall make awards not later than 270 days after issuing the notices of funding opportunity required under the preceding proviso: Provided further, That not more than 2 percent of the amounts made available in each fiscal year shall be available to pay the administrative costs of carrying out the grant program under this heading in this Act: Provided further, That one-half of one percent of the amounts transferred pursuant to the authority in this section in each of fiscal years 2022 through 2026 shall be transferred to the Office of Inspector General of the Department of Transportation for oversight of funding provided to the Department of Transportation in this Act: Provided further, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 4112(a) of H. Con. Res. 71 (115th Congress), the concurrent resolution on the budget for fiscal year 2018, and to section 251(b) of the Balanced Budget and Emergency Deficit Control Act of 1985. [[Page 135 STAT. 1444]] General Provision--Department of Transportation Sec. 803. Any funds transferred to the Office of Inspector General of the Department of Transportation from amounts made available in this division in this Act shall remain available until expended. TITLE IX--GENERAL PROVISIONS--THIS DIVISION Sec. 901. Each amount appropriated or made available by this division is in addition to amounts otherwise appropriated for the fiscal year involved. Sec. 902. No part of any appropriation contained in this division shall remain available for obligation beyond the current fiscal year unless expressly so provided herein. Sec. 903. Unless otherwise provided for by this division, the additional amounts appropriated by this division to appropriations accounts for a fiscal year shall be available under the authorities and conditions applicable to such appropriations accounts for that fiscal year. Sec. 904. Any amount appropriated by this division, designated by the Congress as an emergency requirement pursuant to section 4112(a) of H. Con. Res. 71 (115th Congress), the concurrent resolution on the budget for fiscal year 2018, and to section 251(b) of the Balanced Budget and Emergency Deficit Control Act of 1985, and transferred pursuant to transfer authorities provided by this division shall retain such designation. budgetary effects Sec. 905. (a) Statutory PAYGO Scorecards.--The budgetary effects of this division and amounts rescinded in section 90007 of division I that were previously designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985 shall not be entered on either PAYGO scorecard maintained pursuant to section 4(d) of the Statutory Pay As- You-Go Act of 2010. (b) Senate Paygo Scorecards.--The budgetary effects of this division and amounts rescinded in section 90007 of division I that were previously designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985 shall not be entered on any PAYGO scorecard maintained for purposes of section 4106 of H. Con. Res. 71 (115th Congress). (c) Classification of Budgetary Effects.--Notwithstanding Rule 3 of the Budget Scorekeeping Guidelines set forth in the joint explanatory statement of the committee of conference accompanying Conference Report 105-217 and section 250(c)(7) and (c)(8) of the Balanced Budget and Emergency Deficit Control Act of 1985, the budgetary effects of this division and amounts rescinded in section 90007 of division I that were previously designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985 shall be estimated for purposes of section 251 of such Act and as appropriations for discretionary accounts for purposes of the allocation to the Committee on Appropriations pursuant to section 302(a) of the Congressional Budget Act of 1974 [[Page 135 STAT. 1445]] and section 4112 of H. Con. Res. 71 (115th Congress), the concurrent resolution on the budget for fiscal year 2018. This division may be cited as the ``Infrastructure Investments and Jobs Appropriations Act''. DIVISION <<NOTE: Minority Business Development Act of 2021.>> K-- MINORITY BUSINESS DEVELOPMENT SEC. 100001. <<NOTE: 15 USC 8501 note.>> SHORT TITLE. This division may be cited as the ``Minority Business Development Act of 2021''. SEC. 100002. <<NOTE: 15 USC 9501.>> DEFINITIONS. In this division: (1) Agency.--The term ``Agency'' means the Minority Business Development Agency of the Department of Commerce. (2) Community-based organization.--The term ``community- based organization'' has the meaning given the term in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). (3) Eligible entity.--Except as otherwise expressly provided, the term ``eligible entity''-- (A) means-- (i) a private sector entity; (ii) a public sector entity; or (iii) a Native entity; and (B) includes an institution of higher education. (4) Federal agency.--The term ``Federal agency'' has the meaning given the term ``agency'' in section 551 of title 5, United States Code. (5) Federally recognized area of economic distress.--The term ``federally recognized area of economic distress'' means-- (A) a HUBZone, as that term is defined in section 31(b) of the Small Business Act (15 U.S.C. 657a(b)); (B) an area that-- (i) has been designated as-- (I) an empowerment zone under section 1391 of the Internal Revenue Code of 1986; or (II) a Promise Zone by the Secretary of Housing and Urban Development; or (ii) is a low or moderate income area, as determined by the Department of Housing and Urban Development; (C) a qualified opportunity zone, as that term is defined in section 1400Z-1 of the Internal Revenue Code of 1986; or (D) any other political subdivision or unincorporated area of a State determined by the Under Secretary to be an area of economic distress. (6) Institution of higher education.--The term ``institution of higher education'' has the meaning given the term in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001). (7) MBDA business center.--The term ``MBDA Business Center'' means a business center that-- [[Page 135 STAT. 1446]] (A) is established by the Agency; and (B) provides technical business assistance to minority business enterprises consistent with the requirements of this division. (8) MBDA business center agreement.--The term ``MBDA Business Center agreement'' means a legal instrument-- (A) reflecting a relationship between the Agency and the recipient of a Federal assistance award that is the subject of the instrument; and (B) that establishes the terms by which the recipient described in subparagraph (A) shall operate an MBDA Business Center. (9) Minority business enterprise.-- (A) In general.--The term ``minority business enterprise'' means a business enterprise-- (i) that is not less than 51 percent-owned by 1 or more socially or economically disadvantaged individuals; and (ii) the management and daily business operations of which are controlled by 1 or more socially or economically disadvantaged individuals. (B) Rule of construction.--Nothing in subparagraph (A) may be construed to exclude a business enterprise from qualifying as a ``minority business enterprise'' under that subparagraph because of-- (i) the status of the business enterprise as a for-profit or not-for-profit enterprise; or (ii) the annual revenue of the business enterprise. (10) Native entity.--The term ``Native entity'' means-- (A) a Tribal Government; (B) an Alaska Native village or Regional or Village Corporation, as defined in or established pursuant to the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.); (C) a Native Hawaiian organization, as that term is defined in section 6207 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7517); (D) the Department of Hawaiian Home Lands; and (E) the Office of Hawaiian Affairs. (11) Private sector entity.--The term ``private sector entity''-- (A) means an entity that is not a public sector entity; and (B) does not include-- (i) the Federal Government; (ii) any Federal agency; or (iii) any instrumentality of the Federal Government. (12) Public sector entity.--The term ``public sector entity'' means-- (A) a State; (B) an agency of a State; (C) a political subdivision of a State; (D) an agency of a political subdivision of a State; or (E) a Native entity. [[Page 135 STAT. 1447]] (13) Secretary.--The term ``Secretary'' means the Secretary of Commerce. (14) Socially or economically disadvantaged business concern.--The term ``socially or economically disadvantaged business concern'' means a for-profit business enterprise-- (A)(i) that is not less than 51 percent owned by 1 or more socially or economically disadvantaged individuals; or (ii) that is socially or economically disadvantaged; or (B) the management and daily business operations of which are controlled by 1 or more socially or economically disadvantaged individuals. (15) Socially or economically disadvantaged individual.-- (A) In general.--The term ``socially or economically disadvantaged individual'' means an individual who has been subjected to racial or ethnic prejudice or cultural bias (or the ability of whom to compete in the free enterprise system has been impaired due to diminished capital and credit opportunities, as compared to others in the same line of business and competitive market area) because of the identity of the individual as a member of a group, without regard to any individual quality of the individual that is unrelated to that identity. (B) Presumption.--In carrying out this division, the Under Secretary shall presume that the term ``socially or economically disadvantaged individual'' includes any individual who is-- (i) Black or African American; (ii) Hispanic or Latino; (iii) American Indian or Alaska Native; (iv) Asian; (v) Native Hawaiian or other Pacific Islander; or (vi) a member of a group that the Agency determines under part 1400 of title 15, Code of Federal Regulations, as in effect on November 23, 1984, is a socially disadvantaged group eligible to receive assistance. (16) Specialty center.--The term ``specialty center'' means an MBDA Business Center that provides specialty services focusing on specific business needs, including assistance relating to-- (A) capital access; (B) Federal procurement; (C) entrepreneurship; (D) technology transfer; or (E) any other area determined necessary or appropriate based on the priorities of the Agency. (17) State.--The term ``State'' means-- (A) each of the States of the United States; (B) the District of Columbia; (C) the Commonwealth of Puerto Rico; (D) the United States Virgin Islands; (E) Guam; (F) American Samoa; (G) the Commonwealth of the Northern Mariana Islands; and [[Page 135 STAT. 1448]] (H) each Tribal Government. (18) Tribal government.--The term ``Tribal Government'' means the recognized governing body of any Indian or Alaska Native tribe, band, nation, pueblo, village, community, component band, or component reservation, individually identified (including parenthetically) in the list published most recently as of the date of enactment of this division pursuant to section 104 of the Federally Recognized Indian Tribe List Act of 1994 (25 U.S.C. 5131). (19) Under secretary.--The term ``Under Secretary'' means the Under Secretary of Commerce for Minority Business Development, who is appointed as described in section ___3(b) to administer this division. SEC. 100003. MINORITY BUSINESS DEVELOPMENT AGENCY. (a) In General.--There is within the Department of Commerce the Minority Business Development Agency. (b) Under Secretary.-- (1) Appointment and duties.--The Agency shall be headed by the Under Secretary of Commerce for Minority Business Development, who shall-- (A) <<NOTE: President.>> be appointed by the President, by and with the advice and consent of the Senate; (B) except as otherwise expressly provided, be responsible for the administration of this division; and (C) report directly to the Secretary. (2) Compensation.-- (A) In general.--The Under Secretary shall be compensated at an annual rate of basic pay prescribed for level III of the Executive Schedule under section 5314 of title 5, United States Code. (B) Technical and conforming amendment.--Section 5314 of title 5, United States Code, is amended by striking ``and Under Secretary of Commerce for Travel and Tourism'' and inserting ``Under Secretary of Commerce for Travel and Tourism, and Under Secretary of Commerce for Minority Business Development''. (3) References.--Any reference in a law, map, regulation, document, paper, or other record of the United States to the Director of the Agency shall be deemed to be a reference to the Under Secretary. (c) Report to Congress.--Not later than 120 days after the date of enactment of this Act, the Secretary shall submit to Congress a report that describes-- (1) the organizational structure of the Agency; (2) the organizational position of the Agency within the Department of Commerce; and (3) a description of how the Agency shall function in relation to the operations carried out by each other component of the Department of Commerce. (d) Office of Business Centers.-- (1) Establishment.--There is established within the Agency the Office of Business Centers. (2) <<NOTE: Appointment.>> Director.--The Office of Business Centers shall be administered by a Director, who shall be appointed by the Under Secretary. (e) Offices of the Agency.-- [[Page 135 STAT. 1449]] (1) In general.--In addition to the regional offices that the Under Secretary is required to establish under paragraph (2), the Under Secretary shall establish such other offices within the Agency as are necessary to carry out this division. (2) Regional offices.-- (A) <<NOTE: Determination.>> In general.--In order to carry out this division, the Under Secretary shall establish a regional office of the Agency for each of the regions of the United States, as determined by the Under Secretary. (B) Duties.--Each regional office established under subparagraph (A) shall expand the reach of the Agency and enable the Federal Government to better serve the needs of minority business enterprises in the region served by the office, including by-- (i) understanding and participating in the business environment of that region; (ii) working with-- (I) MBDA Business Centers that are located in that region; (II) resource and lending partners of other appropriate Federal agencies that are located in that region; and (III) Federal, State, and local procurement offices that are located in that region; (iii) being aware of business retention or expansion programs that are specific to that region; (iv) seeking out opportunities to collaborate with regional public and private programs that focus on minority business enterprises; and (v) promoting business continuity and preparedness. TITLE I--EXISTING INITIATIVES Subtitle A--Market Development, Research, and Information SEC. 100101. <<NOTE: 15 USC 9511.>> PRIVATE SECTOR DEVELOPMENT. The Under Secretary shall, whenever the Under Secretary determines such action is necessary or appropriate-- (1) provide Federal assistance to minority business enterprises operating in domestic and foreign markets by making available to those business enterprises, either directly or in cooperation with private sector entities, including community- based organizations and national nonprofit organizations-- (A) resources relating to management; (B) technological and technical assistance; (C) financial, legal, and marketing services; and (D) services relating to workforce development; (2) encourage minority business enterprises to establish joint ventures and projects-- (A) with other minority business enterprises; or (B) in cooperation with public sector entities or private sector entities, including community-based organizations and national nonprofit organizations, to increase the share [[Page 135 STAT. 1450]] of any market activity being performed by minority business enterprises; and (3) facilitate the efforts of private sector entities and Federal agencies to advance the growth of minority business enterprises. SEC. 100102. <<NOTE: 15 USC 9512.>> PUBLIC SECTOR DEVELOPMENT. The Under Secretary shall, whenever the Under Secretary determines such action is necessary or appropriate-- (1) <<NOTE: Consultation.>> consult and cooperate with public sector entities for the purpose of leveraging resources available in the jurisdictions of those public sector entities to promote the position of minority business enterprises in the local economies of those public sector entities, including by assisting public sector entities to establish or enhance-- (A) programs to procure goods and services through minority business enterprises and goals for that procurement; (B) programs offering assistance relating to-- (i) management; (ii) technology; (iii) law; (iv) financing, including accounting; (v) marketing; and (vi) workforce development; and (C) informational programs designed to inform minority business enterprises located in the jurisdictions of those public sector entities about the availability of programs described in this section; (2) meet with leaders and officials of public sector entities for the purpose of recommending and promoting local administrative and legislative initiatives needed to advance the position of minority business enterprises in the local economies of those public sector entities; and (3) facilitate the efforts of public sector entities and Federal agencies to advance the growth of minority business enterprises. SEC. 100103. <<NOTE: 15 USC 9513.>> RESEARCH AND INFORMATION. (a) In General.--In order to achieve the purposes of this division, the Under Secretary-- (1) shall-- (A) <<NOTE: Analysis.>> collect and analyze data, including data relating to the causes of the success or failure of minority business enterprises; (B) <<NOTE: Studies. Surveys.>> conduct research, studies, and surveys of-- (i) economic conditions generally in the United States; and (ii) how the conditions described in clause (i) particularly affect the development of minority business enterprises; and (C) provide outreach, educational services, and technical assistance in, at a minimum, the 5 most commonly spoken languages in the United States to ensure that limited English proficient individuals receive culturally and linguistically appropriate access to the services and information provided by the Agency; and [[Page 135 STAT. 1451]] (2) may perform an evaluation of programs carried out by the Under Secretary that are designed to assist the development of minority business enterprises. (b) Information Clearinghouse.--The Under Secretary shall-- (1) establish and maintain an information clearinghouse for the collection and dissemination to relevant parties (including business owners and researchers) of demographic, economic, financial, managerial, and technical data relating to minority business enterprises; and (2) take such steps as the Under Secretary may determine to be necessary and desirable to-- (A) search for, collect, classify, coordinate, integrate, record, and catalog the data described in paragraph (1); and (B) in a manner that is consistent with section 552a of title 5, United States Code, protect the privacy of the minority business enterprises to which the data described in paragraph (1) relates. Subtitle B--Minority Business Development Agency Business Center Program SEC. 100111. <<NOTE: 15 USC 9521.>> DEFINITION. In this subtitle, the term ``MBDA Business Center Program'' means the program established under section ___113. SEC. 100112. <<NOTE: 15 USC 9522.>> PURPOSE. The purpose of the MBDA Business Center Program shall be to create a national network of public-private partnerships that-- (1) assist minority business enterprises in-- (A) accessing capital, contracts, and grants; and (B) creating and maintaining jobs; (2) provide counseling and mentoring to minority business enterprises; and (3) facilitate the growth of minority business enterprises by promoting trade. SEC. 100113. <<NOTE: 15 USC 9523.>> ESTABLISHMENT. (a) In General.--There is established in the Agency a program-- (1) that shall be known as the MBDA Business Center Program; (2) that shall be separate and distinct from the efforts of the Under Secretary under section ___101; and (3) under which the Under Secretary shall make Federal assistance awards to eligible entities to operate MBDA Business Centers, which shall, in accordance with section ___114, provide technical assistance and business development services, or specialty services, to minority business enterprises. (b) Coverage.--The Under Secretary shall take all necessary actions to ensure that the MBDA Business Center Program, in accordance with section ___114, offers the services described in subsection (a)(3) in all regions of the United States. [[Page 135 STAT. 1452]] SEC. 100114. <<NOTE: Contracts. 15 USC 9524.>> GRANTS AND COOPERATIVE AGREEMENTS. (a) Requirements.--An MBDA Business Center (referred to in this subtitle as a ``Center''), with respect to the Federal financial assistance award made to operate the Center under the MBDA Business Center Program-- (1) shall-- (A) provide to minority business enterprises programs and services determined to be appropriate by the Under Secretary, which may include-- (i) referral services to meet the needs of minority business enterprises; and (ii) programs and services to accomplish the goals described in section ___101(1); (B) develop, cultivate, and maintain a network of strategic partnerships with organizations that foster access by minority business enterprises to economic markets, capital, or contracts; (C) continue to upgrade and modify the services provided by the Center, as necessary, in order to meet the changing and evolving needs of the business community; (D) establish or continue a referral relationship with not less than 1 community-based organization; and (E) collaborate with other Centers; and (2) in providing programs and services under the applicable MBDA Business Center agreement, may-- (A) operate on a fee-for-service basis; or (B) generate income through the collection of-- (i) client fees; (ii) membership fees; and (iii) any other appropriate fees proposed by the Center in the application submitted by the Center under subsection (e). (b) Term.--Subject to subsection (g)(3), the term of an MBDA Business Center agreement shall be not less than 3 years. (c) Financial Assistance.-- (1) In general.--The amount of financial assistance provided by the Under Secretary under an MBDA Business Center agreement shall be not less than $250,000 for the term of the agreement. (2) Matching requirement.-- (A) <<NOTE: Determination.>> In general.--A Center shall match not less than \1/3\ of the amount of the financial assistance awarded to the Center under the terms of the applicable MBDA Business Center agreement, unless the Under Secretary determines that a waiver of that requirement is necessary after a demonstration by the Center of a substantial need for that waiver. (B) Form of funds.--A Center may meet the matching requirement under subparagraph (A) by using-- (i) cash or in-kind contributions, without regard to whether the contribution is made by a third party; or (ii) Federal funds received from other Federal programs. (3) Use of financial assistance and program income.--A Center shall use-- [[Page 135 STAT. 1453]] (A) all financial assistance awarded to the Center under the applicable MBDA Business Center agreement to carry out subsection (a); and (B) all income that the Center generates in carrying out subsection (a)-- (i) to meet the matching requirement under paragraph (2) of this subsection; and (ii) if the Center meets the matching requirement under paragraph (2) of this subsection, to carry out subsection (a). (d) Criteria for Selection.--The Under Secretary shall-- (1) establish criteria that-- (A) <<NOTE: Determination.>> the Under Secretary shall use in determining whether to enter into an MBDA Business Center agreement with an eligible entity; and (B) may include criteria relating to whether an eligible entity is located in-- (i) an area, the population of which is composed of not less than 51 percent socially or economically disadvantaged individuals, as determined in accordance with data collected by the Bureau of the Census; (ii) a federally recognized area of economic distress; or (iii) a State that is underserved with respect to the MBDA Business Center Program, as defined by the Under Secretary; and (2) <<NOTE: Public information.>> make the criteria and standards established under paragraph (1) publicly available, including-- (A) <<NOTE: Web posting.>> on the website of the Agency; and (B) in each Notice of Funding Opportunity soliciting MBDA Business Center agreements. (e) Applications.--An eligible entity desiring to enter into an MBDA Business Center agreement shall submit to the Under Secretary an application that includes-- (1) a statement of-- (A) how the eligible entity will carry out subsection (a); and (B) any experience or plans of the eligible entity with respect to-- (i) assisting minority business enterprises to-- (I) obtain-- (aa) large-scale contracts, grants, or procurements; (bb) financing; or (cc) legal assistance; (II) access established supply chains; and (III) engage in-- (aa) joint ventures, teaming arrangements, and mergers and acquisitions; or (bb) large-scale transactions in global markets; (ii) supporting minority business enterprises in increasing the size of the workforces of those enterprises, including, with respect to a minority business enterprise that does not have employees, aiding the minority business enterprise in becoming an enterprise that has employees; and [[Page 135 STAT. 1454]] (iii) advocating for minority business enterprises; and (2) the budget and corresponding budget narrative that the eligible entity will use in carrying out subsection (a) during the term of the applicable MBDA Business Center agreement. (f) <<NOTE: Deadline.>> Notification.--If the Under Secretary grants an application of an eligible entity submitted under subsection (e), the Under Secretary shall notify the eligible entity that the application has been granted not later than 150 days after the last day on which an application may be submitted under that subsection. (g) Program Examination; Accreditation; Extensions.-- (1) <<NOTE: Deadline. Time period.>> Examination.--Not later than 180 days after the date of enactment of this Act, and biennially thereafter, the Under Secretary shall conduct a programmatic financial examination of each Center. (2) Accreditation.--The Under Secretary may provide financial support, by contract or otherwise, to an association, not less than 51 percent of the members of which are Centers, to-- (A) pursue matters of common concern with respect to Centers; and (B) develop an accreditation program with respect to Centers. (3) Extensions.-- (A) In general.--The Under Secretary may extend the term under subsection (b) of an MBDA Business Center agreement to which a Center is a party, if the Center consents to the extension. (B) Financial assistance.--If the Under Secretary extends the term of an MBDA Business Center agreement under paragraph (1), the Under Secretary shall, in the same manner and amount in which financial assistance was provided during the initial term of the agreement, provide financial assistance under the agreement during the extended term of the agreement. (h) MBDA Involvement.--The Under Secretary may take actions to ensure that the Agency is substantially involved in the activities of Centers in carrying out subsection (a), including by-- (1) providing to each Center training relating to the MBDA Business Center Program; (2) requiring that the operator and staff of each Center-- (A) attend-- (i) a conference with the Agency to establish the services and programs that the Center will provide in carrying out the requirements before the date on which the Center begins providing those services and programs; and (ii) training provided under paragraph (1); (B) receive necessary guidance relating to carrying out the requirements under subsection (a); and (C) <<NOTE: Coordination.>> work in coordination and collaboration with the Under Secretary to carry out the MBDA Business Center Program and other programs of the Agency; (3) facilitating connections between Centers and-- (A) Federal agencies other than the Agency, as appropriate; and [[Page 135 STAT. 1455]] (B) other institutions or entities that use Federal resources, such as-- (i) small business development centers, as that term is defined in section 3(t) of the Small Business Act (15 U.S.C. 632(t)); (ii) women's business centers described in section 29 of the Small Business Act (15 U.S.C. 656); (iii) eligible entities, as that term is defined in section 2411 of title 10, United States Code, that provide services under the program carried out under chapter 142 of that title; and (iv) entities participating in the Hollings Manufacturing Extension Partnership Program established under section 25 of the National Institute of Standards and Technology Act (15 U.S.C. 278k); (4) monitoring projects carried out by each Center; and (5) establishing and enforcing administrative and reporting requirements for each Center to carry out subsection (a). (i) <<NOTE: Publication.>> Regulations.--The Under Secretary shall issue and publish regulations that establish minimum standards regarding verification of minority business enterprise status for clients of entities operating under the MBDA Business Center Program. SEC. 100115. <<NOTE: 15 USC 9525.>> MINIMIZING DISRUPTIONS TO EXISTING MBDA BUSINESS CENTER PROGRAM. The Under Secretary shall ensure that each Federal assistance award made under the Business Centers program of the Agency, as is in effect on the day before the date of enactment of this Act, is carried out in a manner that, to the greatest extent practicable, prevents disruption of any activity carried out under that award. SEC. 100116. PUBLICITY. In carrying out the MBDA Business Center Program, the Under Secretary shall widely publicize the MBDA Business Center Program, including-- (1) <<NOTE: Web posting.>> on the website of the Agency; (2) <<NOTE: Social media.>> via social media outlets; and (3) by sharing information relating to the MBDA Business Center Program with community-based organizations, including interpretation groups where necessary, to communicate in the most common languages spoken by the groups served by those organizations. TITLE II--NEW INITIATIVES TO PROMOTE ECONOMIC RESILIENCY FOR MINORITY BUSINESSES SEC. 100201. <<NOTE: 15 USC 9541.>> ANNUAL DIVERSE BUSINESS FORUM ON CAPITAL FORMATION. (a) <<NOTE: Deadline. Review.>> Responsibility of Agency.--Not later than 18 months after the date of enactment of this Act, and annually thereafter, the Under Secretary shall conduct a Government- business forum to review the current status of problems and programs relating to capital formation by minority business enterprises. [[Page 135 STAT. 1456]] (b) Participation in Forum Planning.--The Under Secretary shall invite the heads of other Federal agencies, such as the Chairman of the Securities and Exchange Commission, the Secretary of the Treasury, and the Chairman of the Board of Governors of the Federal Reserve System, organizations representing State securities commissioners, representatives of leading minority chambers of commerce, not less than 1 certified owner of a minority business enterprise, business organizations, and professional organizations concerned with capital formation to participate in the planning of each forum conducted under subsection (a). (c) Preparation of Statements and Reports.-- (1) Requests.--The Under Secretary may request that any head of a Federal agency, department, or organization, including those described in subsection (b), or any other group or individual, prepare a statement or report to be delivered at any forum conducted under subsection (a). (2) Cooperation.--Any head of a Federal agency, department, or organization who receives a request under paragraph (1) shall, to the greatest extent practicable, cooperate with the Under Secretary to fulfill that request. (d) Transmittal of Proceedings and Findings.--The Under Secretary shall-- (1) <<NOTE: Summary. Recommenda- tions.>> prepare a summary of the proceedings of each forum conducted under subsection (a), which shall include the findings and recommendations of the forum; and (2) transmit the summary described in paragraph (1) with respect to each forum conducted under subsection (a) to-- (A) the participants in the forum; (B) Congress; and (C) <<NOTE: Public information. Web posting.>> the public, through a publicly available website. (e) Review of Findings and Recommendations; Public Statements.-- (1) In general.--A Federal agency to which a finding or recommendation described in subsection (d)(1) relates shall-- (A) review that finding or recommendation; and (B) promptly after the finding or recommendation is transmitted under subsection (d)(2)(C), issue a public statement-- (i) <<NOTE: Assessment.>> assessing the finding or recommendation; and (ii) <<NOTE: Disclosure.>> disclosing the action, if any, the Federal agency intends to take with respect to the finding or recommendation. (2) Joint statement permitted.--If a finding or recommendation described in subsection (d)(1) relates to more than 1 Federal agency, the applicable Federal agencies may, for the purposes of the public statement required under paragraph (1)(B), issue a joint statement. SEC. 100202. <<NOTE: 15 USC 9542.>> AGENCY STUDY ON ALTERNATIVE FINANCING SOLUTIONS. (a) Purpose.--The purpose of this section is to provide information relating to alternative financing solutions to minority business enterprises, as those business enterprises are more likely to struggle in accessing, particularly at affordable rates, traditional sources of capital. (b) Study and Report.--Not later than 1 year after the date of enactment of this Act, the Under Secretary shall-- [[Page 135 STAT. 1457]] (1) conduct a study on opportunities for providing alternative financing solutions to minority business enterprises; and (2) <<NOTE: Web posting.>> submit to Congress, and publish on the website of the Agency, a report describing the findings of the study carried out under paragraph (1). SEC. 100203. <<NOTE: 15 USC 9543.>> EDUCATIONAL DEVELOPMENT RELATING TO MANAGEMENT AND ENTREPRENEURSHIP. (a) Duties.--The Under Secretary shall, whenever the Under Secretary determines such action is necessary or appropriate-- (1) promote the education and training of socially or economically disadvantaged individuals in subjects directly relating to business administration and management; (2) encourage institutions of higher education, leaders in business and industry, and other public sector entities and private sector entities, particularly minority business enterprises, to-- (A) develop programs to offer scholarships and fellowships, apprenticeships, and internships relating to business to socially or economically disadvantaged individuals; and (B) sponsor seminars, conferences, and similar activities relating to business for the benefit of socially or economically disadvantaged individuals; (3) stimulate and accelerate curriculum design and improvement in support of development of minority business enterprises; and (4) encourage and assist private institutions and organizations and public sector entities to undertake activities similar to the activities described in paragraphs (1), (2), and (3). (b) Parren J. Mitchell Entrepreneurship Education Grants.-- (1) Definition.--In this subsection, the term ``eligible institution'' means an institution of higher education described in any of paragraphs (1) through (7) of section 371(a) of the Higher Education Act of 1965 (20 U.S.C. 1067q(a)). (2) Grants.--The Under Secretary shall award grants to eligible institutions to develop and implement entrepreneurship curricula. (3) Requirements.--An eligible institution to which a grant is awarded under this subsection shall use the grant funds to-- (A) develop a curriculum that includes training in various skill sets needed by contemporary successful entrepreneurs, including-- (i) business management and marketing; (ii) financial management and accounting; (iii) market analysis; (iv) competitive analysis; (v) innovation; (vi) strategic and succession planning; (vii) marketing; (viii) general management; (ix) technology and technology adoption; (x) leadership; and (xi) human resources; and (B) implement the curriculum developed under subparagraph (A) at the eligible institution. [[Page 135 STAT. 1458]] (4) <<NOTE: Publication.>> Implementation timeline.--The Under Secretary shall establish and publish a timeline under which an eligible institution to which a grant is awarded under this section shall carry out the requirements under paragraph (3). (5) <<NOTE: Evaluation.>> Reports.--Each year, the Under Secretary shall submit to all applicable committees of Congress, and as part of the annual budget submission of the President under section 1105(a) of title 31, United States Code, a report evaluating the awarding and use of grants under this subsection during the fiscal year immediately preceding the fiscal year in which the report is submitted, which shall include, with respect to the fiscal year covered by the report-- (A) a description of each curriculum developed and implemented under each grant awarded under this section; (B) the date on which each grant awarded under this section was awarded; and (C) the number of eligible entities that were recipients of grants awarded under this section. TITLE III--RURAL MINORITY BUSINESS CENTER PROGRAM SEC. 100301. <<NOTE: 15 USC 9551.>> DEFINITIONS. In this title: (1) Appropriate congressional committees.--The term ``appropriate congressional committees'' means-- (A) the Committee on Commerce, Science, and Transportation of the Senate; and (B) the Committee on Financial Services of the House of Representatives. (2) Eligible entity.--The term ``eligible entity'' means-- (A) a minority-serving institution; or (B) a consortium of institutions of higher education that is led by a minority-serving institution. (3) MBDA rural business center.--The term ``MBDA Rural Business Center'' means an MBDA Business Center that provides technical business assistance to minority business enterprises located in rural areas. (4) MBDA rural business center agreement.--The term ``MBDA Rural Business Center agreement'' means an MBDA Business Center agreement that establishes the terms by which the recipient of the Federal assistance award that is the subject of the agreement shall operate an MBDA Rural Business Center. (5) Minority-serving institution.--The term ``minority- serving institution'' means an institution described in any of paragraphs (1) through (7) of section 371(a) of the Higher Education Act of 1965 (20 U.S.C. 1067q(a)). (6) Rural area.--The term ``rural area'' has the meaning given the term in section 343(a) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1991(a)). (7) Rural minority business enterprise.--The term ``rural minority business enterprise'' means a minority business enterprise located in a rural area. [[Page 135 STAT. 1459]] SEC. 100302. <<NOTE: 15 USC 9552.>> BUSINESS CENTERS. (a) In General.--The Under Secretary may establish MBDA Rural Business Centers. (b) Partnership.-- (1) In general.--With respect to an MBDA Rural Business Center established by the Under Secretary, the Under Secretary shall establish the MBDA Rural Business Center in partnership with an eligible entity in accordance with paragraph (2). (2) <<NOTE: Contracts.>> MBDA agreement.-- (A) In general.--With respect to each MBDA Rural Business Center established by the Under Secretary, the Under Secretary shall enter into a cooperative agreement with an eligible entity that provides that-- (i) the eligible entity shall provide space, facilities, and staffing for the MBDA Rural Business Center; (ii) the Under Secretary shall provide funding for, and oversight with respect to, the MBDA Rural Business Center; and (iii) subject to subparagraph (B), the eligible entity shall match 20 percent of the amount of the funding provided by the Under Secretary under clause (ii), which may be calculated to include the costs of providing the space, facilities, and staffing under clause (i). (B) Lower match requirement.--Based on the available resources of an eligible entity, the Under Secretary may enter into a cooperative agreement with the eligible entity that provides that-- (i) the eligible entity shall match less than 20 percent of the amount of the funding provided by the Under Secretary under subparagraph (A)(ii); or (ii) <<NOTE: Determination.>> if the Under Secretary makes a determination, upon a demonstration by the eligible entity of substantial need, the eligible entity shall not be required to provide any match with respect to the funding provided by the Under Secretary under subparagraph (A)(ii). (C) Eligible funds.--An eligible entity may provide matching funds required under an MBDA Rural Business Center agreement with Federal funds received from other Federal programs. (3) Term.--The initial term of an MBDA Rural Business Center agreement shall be not less than 3 years. (4) Extension.--The Under Secretary and an eligible entity may agree to extend the term of an MBDA Rural Business Center agreement with respect to an MBDA Rural Business Center. (c) Functions.--An MBDA Rural Business Center shall-- (1) primarily serve clients that are-- (A) rural minority business enterprises; or (B) minority business enterprises that are located more than 50 miles from an MBDA Business Center (other than that MBDA Rural Business Center); (2) focus on-- (A) issues relating to-- (i) the adoption of broadband internet access service (as defined in section 8.1(b) of title 47, Code of Federal Regulations, or any successor regulation), [[Page 135 STAT. 1460]] digital literacy skills, and e-commerce by rural minority business enterprises; (ii) advanced manufacturing; (iii) the promotion of manufacturing in the United States; (iv) ways in which rural minority business enterprises can meet gaps in the supply chain of critical supplies and essential goods and services for the United States; (v) improving the connectivity of rural minority business enterprises through transportation and logistics; (vi) promoting trade and export opportunities by rural minority business enterprises; (vii) securing financial capital; (viii) facilitating entrepreneurship in rural areas; and (ix) creating jobs in rural areas; and (B) any other issue relating to the unique challenges faced by rural minority business enterprises; and (3) provide education, training, and legal, financial, and technical assistance to minority business enterprises. (d) Applications.-- (1) <<NOTE: Deadline. Notice.>> In general.--Not later than 90 days after the date of enactment of this Act, the Under Secretary shall issue a Notice of Funding Opportunity requesting applications from eligible entities that desire to enter into MBDA Rural Business Center agreements. (2) Criteria and priority.--In selecting an eligible entity with which to enter into an MBDA Rural Business Center agreement, the Under Secretary shall-- (A) select an eligible entity that demonstrates-- (i) the ability to collaborate with governmental and private sector entities to leverage capabilities of minority business enterprises through public-private partnerships; (ii) the research and extension capacity to support minority business enterprises; (iii) knowledge of the community that the eligible entity serves and the ability to conduct effective outreach to that community to advance the goals of an MBDA Rural Business Center; (iv) the ability to provide innovative business solutions, including access to contracting opportunities, markets, and capital; (v) the ability to provide services that advance the development of science, technology, engineering, and math jobs within minority business enterprises; (vi) the ability to leverage resources from within the eligible entity to advance an MBDA Rural Business Center; (vii) that the mission of the eligible entity aligns with the mission of the Agency; (viii) the ability to leverage relationships with rural minority business enterprises; and (ix) a referral relationship with not less than 1 community-based organization; and [[Page 135 STAT. 1461]] (B) give priority to an eligible entity that-- (i) is located in a State or region that has a significant population of socially or economically disadvantaged individuals; (ii) has a history of serving socially or economically disadvantaged individuals; or (iii) in the determination of the Under Secretary, has not received an equitable allocation of land and financial resources under-- (I) the Act of July 2, 1862 (commonly known as the ``First Morrill Act'') (12 Stat. 503, chapter 130; 7 U.S.C. 301 et seq.); or (II) the Act of August 30, 1890 (commonly known as the ``Second Morrill Act'') (26 Stat. 417, chapter 841; 7 U.S.C. 321 et seq.). (3) Considerations.--In determining whether to enter into an MBDA Rural Business Center agreement with an eligible entity under this section, the Under Secretary shall consider the needs of the eligible entity. SEC. 100303. <<NOTE: 15 USC 9553.>> REPORT TO CONGRESS. Not later than 1 year after the date of enactment of this Act, the Under Secretary shall submit to the appropriate congressional committees a report that includes-- (1) <<NOTE: Summary.>> a summary of the efforts of the Under Secretary to provide services to minority business enterprises located in States that lack an MBDA Business Center, as of the date of enactment of this Act, and especially in those States that have significant minority populations; and (2) <<NOTE: Recommenda- tions.>> recommendations for extending the outreach of the Agency to underserved areas. SEC. 100304. <<NOTE: Recommenda- tions. 15 USC 9554. Coordination.>> STUDY AND REPORT. (a) In General.--The Under Secretary, in coordination with relevant leadership of the Agency and relevant individuals outside of the Department of Commerce, shall conduct a study that addresses the ways in which minority business enterprises can meet gaps in the supply chain of the United States, with a particular focus on the supply chain of advanced manufacturing and essential goods and services. (b) Report.--Not later than 1 year after the date of enactment of this Act, the Under Secretary shall submit to the appropriate congressional committees a report that includes the results of the study conducted under subsection (a), which shall include recommendations regarding the ways in which minority business enterprises can meet gaps in the supply chain of the United States. TITLE IV--MINORITY BUSINESS DEVELOPMENT GRANTS SEC. 100401. <<NOTE: 15 USC 9561.>> GRANTS TO NONPROFIT ORGANIZATIONS THAT SUPPORT MINORITY BUSINESS ENTERPRISES. (a) Definition.--In this section, the term ``covered entity'' means a private nonprofit organization that-- [[Page 135 STAT. 1462]] (1) is described in paragraph (3), (4), (5), or (6) of section 501(c) of the Internal Revenue Code of 1986 and exempt from tax under section 501(a) of such Code; and (2) can demonstrate that a primary activity of the organization is to provide services to minority business enterprises, whether through education, making grants or loans, or other similar activities. (b) Purpose.--The purpose of this section is to make grants to covered entities to help those covered entities continue the necessary work of supporting minority business enterprises. (c) Designation of Office.-- (1) <<NOTE: Deadline.>> In general.--Not later than 180 days after the date of enactment of this Act, the Under Secretary shall designate an office to make and administer grants under this section. (2) Considerations.--In designating an office under paragraph (1), the Under Secretary shall ensure that the office designated has adequate staffing to carry out the responsibilities of the office under this section. (d) Application.--A covered entity desiring a grant under this section shall submit to the Under Secretary an application at such time, in such manner, and containing such information as the Under Secretary may require. (e) Priority.--The Under Secretary shall, in carrying out this section, prioritize granting an application submitted by a covered entity that is located in a federally recognized area of economic distress. (f) Use of Funds.--A covered entity to which a grant is made under this section may use the grant funds to support the development, growth, or retention of minority business enterprises. (g) Procedures.--The Under Secretary shall establish procedures to-- (1) discourage and prevent waste, fraud, and abuse by applicants for, and recipients of, grants made under this section; and (2) ensure that grants are made under this section to a diverse array of covered entities, which may include-- (A) covered entities with a national presence; (B) community-based covered entities; (C) covered entities with annual budgets below $1,000,000; or (D) covered entities that principally serve low- income and rural communities. (h) <<NOTE: Deadline.>> Inspector General Audit.--Not later than 180 days after the date on which the Under Secretary begins making grants under this section, the Inspector General of the Department of Commerce shall-- (1) conduct an audit of grants made under this section, which shall seek to identify any discrepancies or irregularities with respect to those grants; and (2) <<NOTE: Reports.>> submit to Congress a report regarding the audit conducted under paragraph (1). (i) <<NOTE: Reports.>> Updates to Congress.--Not later than 90 days after the date on which the Under Secretary makes the designation required under subsection (c), and once every 30 days thereafter, the Under Secretary shall submit to Congress a report that contains-- (1) the number of grants made under this section during the period covered by the report; and [[Page 135 STAT. 1463]] (2) with respect to the grants described in paragraph (1)-- (A) the geographic distribution of those grants by State and county; (B) if applicable, demographic information with respect to the minority business enterprises served by the covered entities to which the grants were made; and (C) information regarding the industries of the minority business enterprises served by the covered entities to which the grants were made. TITLE V--MINORITY BUSINESS ENTERPRISES ADVISORY COUNCIL SEC. 100501. <<NOTE: 15 USC 9571.>> PURPOSE. The Under Secretary shall establish the Minority Business Enterprises Advisory Council (referred to in this title as the ``Council'') to advise and assist the Agency. SEC. 100502. <<NOTE: 15 USC 9572.>> COMPOSITION AND TERM. (a) Composition.--The Council shall be composed of 9 members of the private sector and 1 representative from each of not fewer than 10 Federal agencies that support or otherwise have duties that relate to business formation, including duties relating to labor development, monetary policy, national security, energy, agriculture, transportation, and housing. (b) Chair.--The Under Secretary shall designate 1 of the private sector members of the Council as the Chair of the Council for a 1-year term. (c) Term.--The Council shall meet at the request of the Under Secretary and members shall serve for a term of 2 years. Members of the Council may be reappointed. SEC. 100503. <<NOTE: 15 USC 9573.>> DUTIES. (a) In General.--The Council shall provide advice to the Under Secretary by-- (1) serving as a source of knowledge and information on developments in areas of the economic and social life of the United States that affect socially or economically disadvantaged business concerns; (2) providing the Under Secretary with information regarding plans, programs, and activities in the public and private sectors that relate to socially or economically disadvantaged business concerns; and (3) advising the Under Secretary regarding-- (A) any measures to better achieve the objectives of this division; and (B) problems and matters the Under Secretary refers to the Council. (b) Capacity.--Members of the Council shall not be compensated for service on the Council but may be allowed travel expenses, including per diem in lieu of subsistence, in accordance with subchapter I of chapter 57 of title 5, United States Code. (c) Termination.--Notwithstanding section 14 of the Federal Advisory Committee Act (5 U.S.C. App.), the Council shall terminate on the date that is 5 years after the date of enactment of this Act. [[Page 135 STAT. 1464]] TITLE VI--FEDERAL COORDINATION OF MINORITY BUSINESS PROGRAMS SEC. 100601. <<NOTE: 15 USC 9581.>> GENERAL DUTIES. The Under Secretary may coordinate, as consistent with law, the plans, programs, and operations of the Federal Government that affect, or may contribute to, the establishment, preservation, and strengthening of socially or economically disadvantaged business concerns. SEC. 100602. <<NOTE: Coordination. 15 USC 9582.>> PARTICIPATION OF FEDERAL DEPARTMENTS AND AGENCIES. The Under Secretary shall-- (1) <<NOTE: Consultation.>> consult with other Federal agencies and departments as appropriate to-- (A) develop policies, comprehensive plans, and specific program goals for the programs carried out under subtitle B of title I and title III; (B) establish regular performance monitoring and reporting systems to ensure that goals established by the Under Secretary with respect to the implementation of this division are being achieved; and (C) <<NOTE: Evaluation.>> evaluate the impact of Federal support of socially or economically disadvantaged business concerns in achieving the objectives of this division; (2) <<NOTE: Review.>> conduct a coordinated review of all proposed Federal training and technical assistance activities in direct support of the programs carried out under subtitle B of title I and title III to ensure consistency with program goals and to avoid duplication; and (3) convene, for purposes of coordination, meetings of the heads of such Federal agencies and departments, or their designees, the programs and activities of which may affect or contribute to the carrying out of this division. TITLE VII--ADMINISTRATIVE POWERS OF THE AGENCY; MISCELLANEOUS PROVISIONS SEC. 100701. <<NOTE: 15 USC 9591.>> ADMINISTRATIVE POWERS. (a) In General.--In carrying out this division, the Under Secretary may-- (1) adopt and use a seal for the Agency, which shall be judicially noticed; (2) hold hearings, sit and act, and take testimony as the Under Secretary may determine to be necessary or appropriate to carry out this division; (3) acquire, in any lawful manner, any property that the Under Secretary determines to be necessary or appropriate to carry out this division; (4) <<NOTE: Contracts.>> with the consent of another Federal agency, enter into an agreement with that Federal agency to utilize, with or without reimbursement, any service, equipment, personnel, or facility of that Federal agency; [[Page 135 STAT. 1465]] (5) <<NOTE: Coordination.>> coordinate with the heads of the Offices of Small and Disadvantaged Business Utilization of Federal agencies; (6) <<NOTE: Procedures.>> develop procedures under which the Under Secretary may evaluate the compliance of a recipient of assistance under this Act with the requirements of this Act; (7) deobligate assistance provided under this Act to a recipient that has demonstrated an insufficient level of performance with respect to the assistance, or has engaged in wasteful or fraudulent spending; and (8) <<NOTE: Determination. Effective date.>> provide that a recipient of assistance under this Act that has demonstrated an insufficient level of performance with respect to the assistance, or has engaged in wasteful or fraudulent spending, shall be ineligible to receive assistance under this Act for a period determined by the Under Secretary, consistent with the considerations under section 180.865 of title 2, Code of Federal Regulations (or any successor regulation), beginning on the date on which the Under Secretary makes the applicable finding. (b) Use of Property.-- (1) In general.--Subject to paragraph (2), in carrying out this division, the Under Secretary may, without cost (except for costs of care and handling), allow any public sector entity, or any recipient nonprofit organization, for the purpose of the development of minority business enterprises, to use any real or tangible personal property acquired by the Agency in carrying out this division. (2) Terms, conditions, reservations, and restrictions.--The Under Secretary may impose reasonable terms, conditions, reservations, and restrictions upon the use of any property under paragraph (1). SEC. 100702. <<NOTE: 15 USC 9592.>> FEDERAL ASSISTANCE. (a) In General.-- (1) Provision of federal assistance.--To carry out sections ___101, ___102, and ___103(a), the Under Secretary may provide Federal assistance to public sector entities and private sector entities in the form of grants or cooperative agreements. (2) <<NOTE: Deadline. Publication.>> Notice.--Not later than 120 days after the date on which amounts are appropriated to carry out this section, the Under Secretary shall, in accordance with subsection (b), broadly publish a statement regarding Federal assistance that will, or may, be provided under paragraph (1) during the fiscal year for which those amounts are appropriated, including-- (A) the actual, or anticipated, amount of Federal assistance that will, or may, be made available; (B) the types of Federal assistance that will, or may, be made available; (C) the manner in which Federal assistance will be allocated among public sector entities and private sector entities, as applicable; and (D) the methodology used by the Under Secretary to make allocations under subparagraph (C). (3) Consultation.--The Under Secretary shall consult with public sector entities and private sector entities, as applicable, in deciding the amounts and types of Federal assistance to make available under paragraph (1). [[Page 135 STAT. 1466]] (b) Publicity.--In carrying out this section, the Under Secretary shall broadly publicize all opportunities for Federal assistance available under this section, including through the means required under section ___116. SEC. 100703. <<NOTE: 15 USC 9593.>> RECORDKEEPING. (a) <<NOTE: Disclosure.>> In General.--Each recipient of assistance under this division shall keep such records as the Under Secretary shall prescribe, including records that fully disclose, with respect to the assistance received by the recipient under this division-- (1) the amount and nature of that assistance; (2) the disposition by the recipient of the proceeds of that assistance; (3) the total cost of the undertaking for which the assistance is given or used; (4) the amount and nature of the portion of the cost of the undertaking described in paragraph (3) that is supplied by a source other than the Agency; (5) the return on investment, as defined by the Under Secretary; and (6) any other record that will facilitate an effective audit with respect to the assistance. (b) Access by Government Officials.--The Under Secretary, the Inspector General of the Department of Commerce, and the Comptroller General of the United States, or any duly authorized representative of any such individual, shall have access, for the purpose of audit, investigation, and examination, to any book, document, paper, record, or other material of the Agency or an MBDA Business Center. SEC. 100704. <<NOTE: 15 USC 9594.>> REVIEW AND REPORT BY COMPTROLLER GENERAL. Not later than 4 years after the date of enactment of this Act, the Comptroller General of the United States shall-- (1) conduct a thorough review of the programs carried out under this division; and (2) submit to Congress a detailed report of the findings of the Comptroller General of the United States under the review carried out under paragraph (1), which shall include-- (A) <<NOTE: Evaluation.>> an evaluation of the effectiveness of the programs in achieving the purposes of this division; (B) a description of any failure by any recipient of assistance under this division to comply with the requirements under this division; and (C) <<NOTE: Recommenda- tions.>> recommendations for any legislative or administrative action that should be taken to improve the achievement of the purposes of this division. SEC. 100705. <<NOTE: 15 USC 9595.>> BIANNUAL REPORTS; RECOMMENDATIONS. (a) <<NOTE: Web posting.>> Biannual Report.--Not later than 1 year after the date of enactment of this Act, and 90 days after the last day of each odd-numbered year thereafter, the Under Secretary shall submit to Congress, and publish on the website of the Agency, a report of each activity of the Agency carried out under this division during the period covered by the report. (b) Recommendations.--The Under Secretary shall periodically submit to Congress and the President recommendations for legislation or other actions that the Under Secretary determines to be necessary or appropriate to promote the purposes of this division. [[Page 135 STAT. 1467]] SEC. 100706. <<NOTE: 15 USC 9596.>> SEPARABILITY. If a provision of this division, or the application of a provision of this division to any person or circumstance, is held by a court of competent jurisdiction to be invalid, that judgment-- (1) shall not affect, impair, or invalidate-- (A) any other provision of this division; or (B) the application of this division to any other person or circumstance; and (2) shall be confined in its operation to-- (A) the provision of this division with respect to which the judgment is rendered; or (B) the application of the provision of this division to each person or circumstance directly involved in the controversy in which the judgment is rendered. SEC. 100707. <<NOTE: 15 USC 9597.>> EXECUTIVE ORDER 11625. The powers <<NOTE: Determination.>> and duties of the Agency shall be determined-- (1) in accordance with this division and the requirements of this division; and (2) without regard to Executive Order 11625 (36 Fed. Reg. 19967; relating to prescribing additional arrangements for developing and coordinating a national program for minority business enterprise). SEC. 100708. <<NOTE: 15 USC 9598.>> AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to the Under Secretary $110,000,000 for each of fiscal years 2021 through 2025 to carry out this division, of which-- (1) a majority shall be used in each such fiscal year to carry out the MBDA Business Center Program under subtitle B of title I, including the component of that program relating to specialty centers; and (2) $20,000,000 shall be used in each such fiscal year to carry out title III. Approved November 15, 2021. LEGISLATIVE HISTORY--H.R. 3684: --------------------------------------------------------------------------- HOUSE REPORTS: No. 117-70 and Pt. 2 (both from Comm. on Transportation and Infrastructure). CONGRESSIONAL RECORD, Vol. 167 (2021): June 30, July 1, considered and passed House. July 30, Aug. 1-5, 7-10, considered and passed Senate, amended. Sept. 27, 28, Oct. 1, Nov. 5, House considered and concurred in Senate amendment. DAILY COMPILATION OF PRESIDENTIAL DOCUMENTS (2021): Nov. 15, Presidential remarks. <all>

Infrastructure Investment and Jobs Act

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

INVEST in America Act Investing in a New Vision for the Environment and Surface Transportation in America Act INVEST in America Act Investing in a New Vision for the Environment and Surface Transportation in America Act Assistance, Quality, and Affordability Act of 2021 Improving Hazardous Materials Safety Act of 2021 Motorcyclist Advisory Council Reauthorization Act Promoting Women in Trucking Workforce Act Sport Fish Restoration, Recreational Boating Safety, and Wildlife Restoration Act of 2021 TRAIN Act Transforming Rail by Accelerating Investment Nationwide Act Water Quality Protection and Job Creation Act of 2021 Wildlife Corridors Conservation Act of 2021 Assistance, Quality, and Affordability Act of 2021 Improving Hazardous Materials Safety Act of 2021 Motorcyclist Advisory Council Reauthorization Act Promoting Women in Trucking Workforce Act Sport Fish Restoration, Recreational Boating Safety, and Wildlife Restoration Act of 2021 TRAIN Act Transforming Rail by Accelerating Investment Nationwide Act Water Quality Protection and Job Creation Act of 2021 INVEST in America Act Investing in a New Vision for the Environment and Surface Transportation in America Act Improving Hazardous Materials Safety Act of 2021 Motorcyclist Advisory Council Reauthorization Act Promoting Women in Trucking Workforce Act TRAIN Act Transforming Rail by Accelerating Investment Nationwide Act INVEST in America Act Investing in a New Vision for the Environment and Surface Transportation in America Act Improving Hazardous Materials Safety Act of 2021 Motorcyclist Advisory Council Reauthorization Act Promoting Women in Trucking Workforce Act TRAIN Act Transforming Rail by Accelerating Investment Nationwide Act

Rep. DeFazio, Peter A.

D

OR

S.2140

Taxation

Solar Energy Manufacturing for America Act This bill allows a new tax credit for the production of solar property in the taxpayer's trade or business. The credit is allowed for certain solar components, including photovoltaic cells and wafers, solar grade polysilicon, and a non-integrated solar module able to generate electricity when exposed to sunlight.

To amend the Internal Revenue Code of 1986 to establish the advanced solar manufacturing production credit. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Solar Energy Manufacturing for America Act''. SEC. 2. ADVANCED SOLAR MANUFACTURING PRODUCTION CREDIT. (a) In General.--Subpart C of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: ``SEC. 36C. ADVANCED SOLAR MANUFACTURING PRODUCTION CREDIT. ``(a) In General.-- ``(1) Allowance of credit.--There shall be allowed as a credit against the tax imposed by this subtitle for any taxable year an amount equal to the sum of the credit amounts determined under subsection (b) with respect to each solar component which is-- ``(A) produced by such taxpayer, and ``(B) during the taxable year-- ``(i) sold by the taxpayer to-- ``(I) an unrelated person, or ``(II) a related person for the use of such person in their trade or business (with the exception of any trade or business related to resale of such solar component without any subsequent modification, assembly, or integration into a project), or ``(ii) placed in service or operation by the taxpayer or any other person. ``(2) Production and sale must be in trade or business.-- Any solar component produced and sold by the taxpayer shall be taken into account only if the production and sale described in paragraph (1) is in a trade or business of the taxpayer. ``(b) Credit Amount.-- ``(1) In general.--Subject to paragraph (2), the amount determined under this subsection with respect to any solar component shall be equal to-- ``(A) in the case of an integrated module, an amount equal to the product of-- ``(i) 11 cents, multiplied by ``(ii) the capacity of such module (expressed on a per direct current watt basis), ``(B) in the case of a photovoltaic cell, an amount equal to the product of-- ``(i) 4 cents, multiplied by ``(ii) the capacity of such cell (expressed on a per direct current watt basis), ``(C) in the case of a photovoltaic wafer, $12 per square meter, ``(D) in the case of solar grade polysilicon, $3 per kilogram, and ``(E) in the case of a solar module which is not an integrated module, an amount equal to the product of-- ``(i) 7 cents, multiplied by ``(ii) the capacity of such module (expressed on a per direct current watt basis). ``(2) Phase out.-- ``(A) In general.--In the case of any solar component sold after December 31, 2028, the amount determined under this subsection with respect to such component shall be equal to the product of-- ``(i) the amount determined under paragraph (1) with respect to such component, as determined without regard to this paragraph, multiplied by ``(ii) the phase out percentage under subparagraph (B). ``(B) Phase out percentage.--The phase out percentage under this subparagraph is equal to-- ``(i) in the case of a solar component sold during calendar year 2029, 70 percent, ``(ii) in the case of a solar component sold during calendar year 2030, 35 percent, and ``(iii) in the case of a solar component sold after December 31, 2030, 0 percent. ``(c) Definitions and Other Rules.--In this section-- ``(1) Solar component.--The term `solar component' means any property described in paragraph (2). ``(2) Other definitions.-- ``(A) Integrated module.--The term `integrated module' means a solar module produced by a single manufacturer through the conversion of a photovoltaic wafer or other semiconductor material into an end product which is-- ``(i) suitable to generate electricity when exposed to sunlight, and ``(ii) ready for installation without additional manufacturing processes. ``(B) Photovoltaic cell.--The term `photovoltaic cell' means the smallest semiconductor element of a solar module which performs the immediate conversion of light into electricity. ``(C) Photovoltaic wafer.--The term `photovoltaic wafer' means a thin slice or sheet of semiconductor material of at least 240 square centimeters produced by a single manufacturer-- ``(i) either-- ``(I) directly from molten solar grade polysilicon, or ``(II) through formation of an ingot from molten polysilicon and subsequent slicing, and ``(ii) which comprises the substrate of a photovoltaic cell. ``(D) Solar grade polysilicon.--The term `solar grade polysilicon' means silicon which is-- ``(i) suitable for use in photovoltaic manufacturing, and ``(ii) purified to a minimum purity of 99.999999 percent silicon by mass. ``(E) Solar module.--The term `solar module' means the connection and lamination of photovoltaic cells into an environmentally protected final assembly which is-- ``(i) suitable to generate electricity when exposed to sunlight, and ``(ii) ready for installation without an additional manufacturing process. ``(3) Related persons.--Persons shall be treated as related to each other if such persons would be treated as a single employer under the regulations prescribed under section 52(b). In the case of a corporation which is a member of an affiliated group of corporations filing a consolidated return, such corporation shall be treated as selling components to an unrelated person if such component is sold to such a person by another member of such group. ``(4) Only production in the united states taken into account.--Sales shall be taken into account under this section only with respect to solar components the production of which is within-- ``(A) the United States (within the meaning of section 638(1)), or ``(B) a possession of the United States (within the meaning of section 638(2)). ``(5) Pass-thru in the case of estates and trusts.--Under regulations prescribed by the Secretary, rules similar to the rules of subsection (d) of section 52 shall apply. ``(d) Registration.-- ``(1) In general.--The Secretary shall require any person claiming tax benefits under the provisions of this section to register with the Secretary at such time, in such form and manner, and subject to such terms and conditions, as the Secretary may by regulations prescribe. A registration under this subsection may be used only in accordance with regulations prescribed under this subsection. ``(2) Registration in event of change in ownership.--Under regulations prescribed by the Secretary, a person (other than a corporation the stock of which is regularly traded on an established securities market) shall be required to re-register under this subsection if after a transaction (or series of related transactions) more than 50 percent of ownership interests in, or assets of, such person are held by persons other than persons (or persons related thereto) who held more than 50 percent of such interests or assets before the transaction (or series of related transactions). ``(3) Denial, revocation, or suspension of registration.-- Rules similar to the rules of section 4222(c) shall apply to registration under this section. ``(4) Information reporting.--The Secretary may require-- ``(A) information reporting by any person registered under this subsection, and ``(B) information reporting by such other persons as the Secretary deems necessary to carry out this section.''. (b) Conforming Amendments.-- (1) Section 6211(b)(4)(A) of the Internal Revenue Code of 1986 is amended by inserting ``36C,'' after ``36B,''. (2) Paragraph (2) of section 1324(b) of title 31, United States Code, is amended by inserting ``36C,'' after ``36B,''. (3) The table of sections for subpart C of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after the item relating to section 36B the following new item: ``Sec. 36C. Advanced solar manufacturing production credit.''. (c) Effective Date.--The amendments made by this section shall apply to components produced and sold after December 31, 2021. <all>

Solar Energy Manufacturing for America Act

A bill to amend the Internal Revenue Code of 1986 to establish the advanced solar manufacturing production credit.

Solar Energy Manufacturing for America Act

Sen. Ossoff, Jon

D

GA

S.334

Health

IMPACT to Save Moms Act This bill requires the Centers for Medicare & Medicaid Services to establish the Perinatal Care Alternative Payment Model Demonstration Project to allow states to test payment models for maternity care, including postpartum care, under Medicaid and the Children's Health Insurance Program (CHIP). Additionally, the Medicaid and CHIP Payment and Access Commission must report on specified information relating to the continuity of coverage for pregnant and postpartum women under Medicaid and CHIP.

To establish an alternative payment model demonstration project for maternity care provided to pregnant and postpartum individuals under State Medicaid and CHIP programs, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``IMPACT to Save Moms Act''. SEC. 2. PERINATAL CARE ALTERNATIVE PAYMENT MODEL DEMONSTRATION PROJECT. (a) In General.--For the period of fiscal years 2022 through 2026, the Secretary of Health and Human Services (referred to in this section as the ``Secretary''), acting through the Administrator of the Centers for Medicare & Medicaid Services, shall establish and implement, in accordance with the requirements of this section, a demonstration project, to be known as the Perinatal Care Alternative Payment Model Demonstration Project (referred to in this section as the ``Demonstration Project''), for purposes of allowing States to test payment models under their State plans under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.) and State child health plans under title XXI of such Act (42 U.S.C. 1397aa et seq.) with respect to maternity care provided to pregnant and postpartum individuals enrolled in such State plans and State child health plans. (b) Coordination.--In establishing the Demonstration Project, the Secretary shall coordinate with stakeholders such as-- (1) State Medicaid programs; (2) maternity care providers and organizations representing maternity care providers; (3) relevant organizations representing patients, with a particular focus on patients from racial and ethnic minority groups; (4) relevant community-based organizations, particularly organizations that seek to improve maternal health outcomes for pregnant and postpartum individuals from racial and ethnic minority groups; (5) perinatal health workers; (6) relevant health insurance issuers; (7) hospitals, health systems, midwifery practices, freestanding birth centers (as such term is defined in paragraph (3)(B) of section 1905(l) of the Social Security Act (42 U.S.C. 1396d(l)), federally qualified health centers (as such term is defined in paragraph (2)(B) of such section), and rural health clinics (as such term is defined in section 1861(aa) of such Act (42 U.S.C. 1395x(aa))); (8) researchers and policy experts in fields related to maternity care payment models; and (9) any other stakeholders as the Secretary determines appropriate, with a particular focus on stakeholders from racial and ethnic minority groups. (c) Considerations.--In establishing the Demonstration Project, the Secretary shall consider any alternative payment model that-- (1) is designed to improve maternal health outcomes for racial and ethnic groups with disproportionate rates of adverse maternal health outcomes; (2) includes methods for stratifying patients by pregnancy risk level and, as appropriate, adjusting payments under such model to take into account pregnancy risk level; (3) establishes evidence-based quality metrics for such payments; (4) includes consideration of non-hospital birth settings such as freestanding birth centers (as so defined); (5) includes consideration of social determinants of maternal health; or (6) includes diverse maternity care teams that include-- (A) maternity care providers, mental and behavioral health care providers acting in accordance with State law, registered dietitians or nutrition professionals (as such term is defined in section 1861(vv)(2) of the Social Security Act (42 U.S.C. 1395x(vv)(2))), and International Board Certified Lactation Consultants-- (i) from racially, ethnically, and professionally diverse backgrounds; (ii) with experience practicing in racially and ethnically diverse communities; or (iii) who have undergone training on implicit bias and racism; and (B) perinatal health workers. (d) Eligibility.--To be eligible to participate in the Demonstration Project, a State shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. (e) Evaluation.--The Secretary shall conduct an evaluation of the Demonstration Project to determine the impact of the Demonstration Project on-- (1) maternal health outcomes, with data stratified by race, ethnicity, socioeconomic indicators, and any other factors as the Secretary determines appropriate; (2) spending on maternity care by States participating in the Demonstration Project; (3) to the extent practicable, qualitative and quantitative measures of patient experience; and (4) any other areas of assessment that the Secretary determines relevant. (f) Report.--Not later than 1 year after the completion or termination date of the Demonstration Project, the Secretary shall submit to the Congress, and make publicly available, a report containing-- (1) the results of any evaluation conducted under subsection (e); and (2) a recommendation regarding whether the Demonstration Project should be continued after fiscal year 2026 and expanded on a national basis. (g) Authorization of Appropriations.--There are authorized to be appropriated such sums as are necessary to carry out this section. (h) Definitions.--In this section: (1) Alternative payment model.--The term ``alternative payment model'' has the meaning given such term in section 1833(z)(3)(C) of the Social Security Act (42 U.S.C. 1395l(z)(3)(C)). (2) Perinatal.--The term ``perinatal'' means the period beginning on the day an individual becomes pregnant and ending on the last day of the 1-year period beginning on the last day of such individual's pregnancy. (3) Racial and ethnic minority group.--The term ``racial and ethnic minority group'' has the meaning given such term in section 1707(g)(1) of the Public Health Service Act (42 U.S.C. 300u-6(g)(1)). SEC. 3. MACPAC REPORT. Not later than 2 years after the date of the enactment of this Act, the Medicaid and CHIP Payment and Access Commission shall publish a report on issues relating to the continuity of coverage under State plans under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.) and State child health plans under title XXI of such Act (42 U.S.C. 1397aa et seq.) for pregnant and postpartum individuals. Such report shall, at a minimum, include the following: (1) An assessment of any existing policies under such State plans and such State child health plans regarding presumptive eligibility for pregnant individuals while their application for enrollment in such a State plan or such a State child health plan is being processed. (2) An assessment of any existing policies under such State plans and such State child health plans regarding measures to ensure continuity of coverage under such a State plan or such a State child health plan for pregnant and postpartum individuals, including such individuals who need to change their health insurance coverage during their pregnancy or the postpartum period following their pregnancy. (3) An assessment of any existing policies under such State plans and such State child health plans regarding measures to automatically reenroll individuals who are eligible to enroll under such a State plan or such a State child health plan as a parent. (4) If determined appropriate by the Commission, any recommendations for the Department of Health and Human Services, or such State plans and such State child health plans, to ensure continuity of coverage under such a State plan or such a State child health plan for pregnant and postpartum individuals. <all>

IMPACT to Save Moms Act

A bill to establish an alternative payment model demonstration project for maternity care provided to pregnant and postpartum individuals under State Medicaid and CHIP programs, and for other purposes.

IMPACT to Save Moms Act

Sen. Casey, Robert P., Jr.

D

PA

H.R.6646

Crime and Law Enforcement

Trafficking Reduction And Criminal Enforcement (TRACE) Act This bill modifies provisions related to firearms tracing. First, the bill directs the Department of Justice to promulgate regulations that require each firearm manufactured in the United States to be marked with a serial number that is located inside the firearm's receiver or that is visible only in infrared light, in addition to the serial number mark otherwise required. Next, it requires National Instant Criminal Background Check System records to be maintained for at least 180 days. The bill also requires each licensed firearms dealer to conduct a physical check of their firearms business inventory. Finally, it removes certain limitations on the use of firearms tracing data.

To prevent the illegal sale of firearms, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Trafficking Reduction And Criminal Enforcement (TRACE) Act''. SEC. 2. REGULATORY REQUIREMENT TO MARK FIREARMS WITH SECOND, HIDDEN SERIAL NUMBER. (a) In General.--Within 12 months after the date of the enactment of this Act, the Attorney General shall promulgate final regulations that require each firearm manufactured in the United States on or after the effective date of the regulation, to be marked with a serial number that is located inside the receiver of the firearm or that is visible only in infrared light, in addition to the serial number with which the firearm is otherwise required by law to be marked. (b) Definition of Receiver.--Section 921(a) of title 18, United States Code, is amended-- (1) in paragraph (3)-- (A) by inserting ``, including an unfinished frame or receiver'' after ``such weapon''; and (B) by striking ``or (D) any destructive device'' and inserting ``; (D) any destructive device; or (E) any combination of parts designed or intended for use in converting any device into a firearm and from which a firearm may be readily assembled''; (2) in paragraph (10)-- (A) by striking ``and the'' and inserting ``the''; and (B) by inserting ``; and the term `manufacturing firearms' shall include assembling a functional firearm from an unfinished frame or receiver or from molding, machining, or 3D printing a frame or receiver, and shall not include making or fitting special barrels, stocks, or trigger mechanisms to firearms'' before the period; and (3) by inserting after paragraph (29) the following: ``(30) The term `unfinished frame or receiver' means any forging, casting, printing, extrusion, machined body or similar article that-- ``(A) has reached a stage in manufacture at which it may readily be completed, assembled, or converted to be used as the frame or receiver of a functional firearm; or ``(B) is marketed or sold to the public to become or be used as the frame or receiver of a functional firearm once completed, assembled, or converted.''. SEC. 3. REQUIREMENT TO PRESERVE INSTANT CRIMINAL BACKGROUND CHECK RECORDS FOR 180 DAYS. (a) In General.--Section 922(t)(2)(C) of title 18, United States Code, is amended by inserting ``after the 180-day period that begins with the date the system complies with subparagraphs (A) and (B),'' before ``destroy''. (b) Conforming Amendment.--Section 511 of division B of the Consolidated and Further Continuing Appropriations Act, 2012 (34 U.S.C. 40901 note; Public Law 112-55; 125 Stat. 632) is amended-- (1) by striking ``for--'' and all that follows through ``(1)''; and (2) by striking the semicolon and all that follows and inserting a period. (c) Regulations.--Within 180 days after the date of the enactment of this Act, the Attorney General shall prescribe regulations to implement the amendments made by this section. SEC. 4. REQUIREMENT THAT LICENSED FIREARMS DEALERS CONDUCT PHYSICAL CHECK OF THEIR FIREARMS BUSINESS INVENTORY. (a) In General.--Section 923(g) of title 18, United States Code, is amended by adding at the end the following: ``(8) Each licensee shall conduct a physical check of the firearms inventory of the business of the licensee licensed under this chapter, in accordance with regulations which shall be prescribed by the Attorney General.''. (b) Conforming Amendment.--The matter under the heading ``Bureau of Alcohol, Tobacco, Firearms and Explosives--salaries and expenses'' in title II of division B of the Consolidated and Further Continuing Appropriations Act, 2013 (18 U.S.C. 923 note; Public Law 113-6; 127 Stat. 247-248) is amended by striking the 5th proviso. (c) Regulations.--Within 180 days after the date of the enactment of this Act, the Attorney General shall prescribe regulations to implement section 923(g)(8) of title 18, United States Code. SEC. 5. ELIMINATION OF CERTAIN LIMITATIONS. (a) Consolidated and Further Continuing Appropriations Act, 2012.-- Title II of division B of the Consolidated and Further Continuing Appropriations Act, 2012 (18 U.S.C. 923 note; Public Law 112-55; 125 Stat. 609-610) is amended in the matter under the heading ``Bureau of Alcohol, Tobacco, Firearms and Explosives--salaries and expenses'' by striking the 1st, 6th, and 7th provisos. (b) Consolidated Appropriations Act, 2010.--Division B of the Consolidated Appropriations Act, 2010 (Public Law 111-117) is amended-- (1) in title II-- (A) in the 6th proviso under the heading ``Bureau of Alcohol, Tobacco, Firearms and Explosives--salaries and expenses'' by striking ``beginning in fiscal year 2010 and thereafter'' and inserting ``in fiscal year 2010''; and (B) in the matter under the heading ``Bureau of Alcohol, Tobacco, Firearms and Explosives--salaries and expenses'' by striking the 7th proviso; and (2) in section 511, to read as follows: ``Sec. 511. None of the funds appropriated pursuant to this Act or any other provision of law may be used for the implementation of any tax or fee in connection with the implementation of subsection 922(t) of title 18, United States Code.''. (c) Omnibus Appropriations Act, 2009.--Division B of the Omnibus Appropriations Act, 2009 (Public Law 111-8) is amended-- (1) in title II-- (A) in the 6th proviso under the heading ``Bureau of Alcohol, Tobacco, Firearms and Explosives--salaries and expenses'' by striking ``beginning in fiscal year 2009 and thereafter'' and inserting ``in fiscal year 2009''; and (B) in the matter under the heading ``Bureau of Alcohol, Tobacco, Firearms and Explosives--salaries and expenses'' by striking the 7th proviso; and (2) in section 511, to read as follows: ``Sec. 511. None of the funds appropriated pursuant to this Act or any other provision of law may be used for the implementation of any tax or fee in connection with the implementation of subsection 922(t) of title 18, United States Code.''. (d) Consolidated Appropriations Act, 2008.--Division B of the Consolidated Appropriations Act, 2008 (Public Law 110-161) is amended-- (1) in title II-- (A) in the 6th proviso under the heading ``Bureau of Alcohol, Tobacco, Firearms and Explosives--salaries and expenses'' by striking ``beginning in fiscal year 2008 and thereafter'' and inserting ``in fiscal year 2008''; and (B) in the matter under the heading ``Bureau of Alcohol, Tobacco, Firearms and Explosives--salaries and expenses'' by striking the 7th proviso; and (2) in section 512, to read as follows: ``Sec. 512. None of the funds appropriated pursuant to this Act or any other provision of law may be used for the implementation of any tax or fee in connection with the implementation of subsection 922(t) of title 18, United States Code.''. (e) Science, State, Justice, Commerce, and Related Agencies Appropriations Act, 2006.--The Science, State, Justice, Commerce, and Related Agencies Appropriations Act, 2006 (Public Law 109-108) is amended-- (1) in title I-- (A) in the 6th proviso under the heading ``Bureau of Alcohol, Tobacco, Firearms and Explosives--salaries and expenses'' by striking ``with respect to any fiscal year''; and (B) in the matter under the heading ``Bureau of Alcohol, Tobacco, Firearms and Explosives--salaries and expenses'' by striking the 7th proviso; and (2) in section 611, to read as follows: ``Sec. 611. None of the funds appropriated pursuant to this Act or any other provision of law may be used for the implementation of any tax or fee in connection with the implementation of subsection 922(t) of title 18, United States Code.''. (f) Consolidated Appropriations Act, 2005.--Division B of the Science, State, Justice, Commerce, and Related Agencies Appropriations Act, 2005 (Public Law 108-447) is amended-- (1) in title I-- (A) in the 6th proviso under the heading ``Bureau of Alcohol, Tobacco, Firearms and Explosives--salaries and expenses'' by striking ``with respect to any fiscal year''; and (B) in the matter under the heading ``Bureau of Alcohol, Tobacco, Firearms and Explosives--salaries and expenses'' by striking the 7th proviso; and (2) in section 615, to read as follows: ``Sec. 615. None of the funds appropriated pursuant to this Act or any other provision of law may be used for the implementation of any tax or fee in connection with the implementation of subsection 922(t) of title 18, United States Code.''. (g) Consolidated Appropriations Act, 2004.--Division B of the Science, State, Justice, Commerce, and Related Agencies Appropriations Act, 2004 (Public Law 108-199) is amended-- (1) in the matter under the heading ``Bureau of Alcohol, Tobacco, Firearms and Explosives--salaries and expenses'' by striking the 7th proviso; and (2) in section 617(a), to read as follows: ``(a) None of the funds appropriated pursuant to this Act or any other provision of law may be used for the implementation of any tax or fee in connection with the implementation of subsection 922(t) of title 18, United States Code.''. (h) Consolidated Appropriations Resolution, 2003.--Division J of the Consolidated Appropriations Resolution, 2003 (5 U.S.C. 552 note; Public Law 108-7; 117 Stat. 473-474) is amended in section 644 by striking ``or any other Act with respect to any fiscal year''. <all>

Trafficking Reduction And Criminal Enforcement (TRACE) Act

To prevent the illegal sale of firearms, and for other purposes.

Trafficking Reduction And Criminal Enforcement (TRACE) Act

Rep. Quigley, Mike

D

IL

S.1636

Labor and Employment

Save Local Business Act This bill provides that a person may be considered a joint employer in relation to an employee under federal labor law only if such person directly, actually, and immediately (and not in a limited and routine manner) exercises significant control over the essential terms and conditions of employment. Such control may by demonstrated by hiring and discharging employees, determining individual employee rates of pay and benefits, day-to-day supervision of employees, assigning individual work schedules, positions, and tasks, and administering employee discipline.

To clarify the treatment of 2 or more employers as joint employers under the National Labor Relations Act and the Fair Labor Standards Act of 1938. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Save Local Business Act''. SEC. 2. CLARIFICATION OF JOINT EMPLOYMENT. (a) National Labor Relations Act.--Section 2(2) of the National Labor Relations Act (29 U.S.C. 152(2)) is amended-- (1) by striking ``The term `employer''' and inserting ``(A) The term `employer'''; and (2) by adding at the end the following: ``(B) An employer may be considered a joint employer of the employees of another employer only if each employer directly, actually, and immediately exercises significant control over the essential terms and conditions of employment of the employees of the other employer, such as hiring such employees, discharging such employees, determining the rate of pay and benefits of such employees, supervising such employees on a day-to-day basis, assigning such employees a work schedule, position, or task, or disciplining such employees.''. (b) Fair Labor Standards Act of 1938.--Section 3(d) of the Fair Labor Standards Act of 1938 (29 U.S.C. 203(d)) is amended-- (1) by striking ```Employer' includes'' and inserting ``(1) `Employer' includes''; and (2) by adding at the end the following: ``(2) An employer may be considered a joint employer of the employees of another employer for purposes of this Act only if each employer meets the criteria set forth in section 2(2)(B) of the National Labor Relations Act (29 U.S.C. 152(2)(B)) except that, for purposes of determining joint-employer status under this Act, the terms `employee' and `employer' referenced in such section shall have the meanings given such terms in this section.''. <all>

Save Local Business Act

A bill to clarify the treatment of 2 or more employers as joint employers under the National Labor Relations Act and the Fair Labor Standards Act of 1938.

Save Local Business Act

Sen. Marshall, Roger

R

KS

H.R.2752

Public Lands and Natural Resources

Castner Range National Monument Act This bill establishes the Castner Range National Monument in Texas. The Department of the Interior shall continue to provide historical and adequate access to private inholdings within the monument's exterior boundaries. Interior shall Interior shall also establish a Castner Range National Monument Advisory Council to advise Interior with respect to the preparation and implementation of the management plan.

To designate the Castner Range in the State of Texas, to establish the Castner Range National Monument, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Castner Range National Monument Act''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Definitions. Sec. 3. Establishment of Castner Range National Monument, Texas. Sec. 4. Access and buffer zones. Sec. 5. Management of Federal lands within the National Monument. Sec. 6. Water. Sec. 7. Border security. Sec. 8. Department of Army responsibility and authority. Sec. 9. Castner Range National Monument Advisory Council. Sec. 10. Land conveyance, Castner Range, Fort Bliss, Texas. SEC. 2. DEFINITIONS. In this Act: (1) Advisory council.--The term ``advisory council'' means the Castner Range National Monument Advisory Council. (2) National monument.--The term ``National Monument'' means the Castner Range National Monument. (3) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (4) State.--The term ``State'' means the State of Texas. SEC. 3. ESTABLISHMENT OF CASTNER RANGE NATIONAL MONUMENT, TEXAS. (a) Establishment.--Subject to valid existing rights, there is hereby established the Castner Range National Monument in the State. (b) Area Included.--The National Monument consists of Federal land and interests in Federal land within El Paso County, Texas, generally depicted as ``Proposed Castner Range National Monument'' on the map entitled ``Proposed Castner Range National Monument'' and dated April 19, 2021. (c) Exclusion of Non-Federal Land.--The National Monument shall include only Federal land and interests in Federal land and shall not include or apply to private property or other non-Federal land and interests in land within the exterior boundaries of the National Monument. (d) Purpose.--The purpose of the National Monument is to conserve, protect, and enhance for the benefit and enjoyment of present and future generations the ecological, scenic, wildlife, recreational, cultural, historical, natural, educational, and scientific resources of the lands included in the National Monument, including Castner Range and its-- (1) relationship to the Department of the Army; (2) role as a water conservation sanctuary through a dozen natural canyons, arroyos (also known as gullies or washes) and alluvial fans which efficiently transport run-off from the heights through seepage into the large underground Hueco Bolson aquifer, which along with the West Side Mesilla Bolson supplies much of El Paso's water; (3) historical significance, as it contains numerous archaeological and historical resources that date as far back as the Paleo-Indian, Archaic and historic Indian groups, lasted from about 8000 B.C. to 4000 B.C. and was initially characterized by big-game hunting; (4) significance as a habitat for an extremely diverse aggregation of wildlife and plant species of special concern that are thought to inhabit Castner Range, including the sand prickly pear, the Texas lyre snake, and the western burrowing owl; and (5) significance as a one-of-a-kind vegetation region that includes a mountainous area, cactus lechuguilla region, and draw-yucca grassland region. SEC. 4. ACCESS AND BUFFER ZONES. (a) Access.--The Secretary shall continue to provide historical and adequate access to private inholdings within the exterior boundaries of the National Monument. (b) Buffer Zones.--Nothing in this Act creates a protective perimeter or buffer zone around the National Monument. The fact that any activities or uses outside of areas designated by this Act can be seen or heard within the National Monument shall not preclude the activities or uses outside of the National Monument. (c) Use of Easements.--Nothing in this Act shall affect easements located within the National Monument on the date of the enactment of this Act, including the use of Trans Mountain Highway, the National Border Patrol Museum, El Paso Museum of Archaeology, and the El Paso Water Utilities. SEC. 5. MANAGEMENT OF FEDERAL LANDS WITHIN THE NATIONAL MONUMENT. (a) Basis of Management.-- (1) Applicable laws.--The Secretary shall manage the National Monument in a manner that conserves, protects, and enhances the natural resources and values of the National Monument, in accordance with-- (A) this Act; (B) the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.); and (C) the Act of June 17, 1902 (commonly known as the Reclamation Act of 1902; 32 Stat. 388), and Acts amendatory thereof and supplemental thereto. (2) Resolution of conflicts.--If there is a conflict between a provision of this Act and a provision of one of the other laws specified in paragraph (1), the more restrictive provision shall control. (b) Tribal Cultural Uses.--Nothing in this Act shall be construed to enlarge or diminish the rights of any Indian Tribe. (c) Management Plan.-- (1) In general.--The Secretary shall develop a comprehensive plan for the protection and management of the National Monument that fulfills the purposes specified in section 3. In implementing the management plan and in considering any recommendations from the advisory council, the Secretary shall consult with the advisory council on a regular basis. (2) Purposes.--The management plan shall-- (A) describe the appropriate uses and management of the National Monument; (B) identify short-term and long-term management actions and prioritize management actions based on projected availability of resources; (C) include a habitat restoration opportunities component; (D) include a recreational opportunity enhancement component; and (E) include a component that addresses the Secretary of Army's remediation of hazardous substances or munitions and explosives of concern within the National Monument. (3) Public participation and special considerations.--In developing the management plan, and to the extent consistent with this section, the Secretary-- (A) shall solicit extensive public input; (B) shall take into consideration any information developed in studies of the land within the National Monument; (C) shall assess available climate change information pertinent to the National Monument; (D) shall include standards and practices to ensure the preservation of wildlife corridors and facilitate species migration; and (E) may incorporate any provision from a resource management plan, land and resource management plan, or any other plan applicable to the National Monument. (d) Cooperative Agreements.--In carrying out this Act, the Secretary may make grants to, or enter into cooperative agreements with, State, Tribal, and local governmental entities and private entities to conduct research, develop scientific analyses, and carry out any other initiative relating to the restoration or conservation of the National Monument. (e) Motorized and Mechanized Vehicles.--Except where needed for administrative purposes or to respond to an emergency, the use of motorized and mechanized vehicles on lands within the National Monument shall be allowed only on roads and trails designated for their use. (f) Acquisition and Incorporation of Lands and Interests.-- (1) Authority.--The Secretary may acquire non-Federal land and interests in land within the exterior boundaries of the National Monument only through exchange, donation, or purchase from a willing seller. (2) Management.--Any land or interest in land that is located within the National Monument that is acquired by the United States shall-- (A) become part of the National Monument; and (B) be managed in accordance with this Act. (g) Withdrawal.--Subject to valid existing rights, all Federal land within the National Monument is withdrawn from-- (1) entry, appropriation, or disposal under the public land laws; (2) location, entry, and patent under the mining laws; and (3) leasing or disposition under all laws relating to operation of the mineral leasing, mineral materials, and geothermal leasing laws. (h) Limited Conveyance Authority.--The Secretary may authorize the conveyance of Federal land within the National Monument if-- (1) the purpose for which the land is to be conveyed is consistent with the purposes specified in section 3; (2) the conveyance would benefit the National Monument and is in the public interest, as determined by the Secretary; and (3) the conveyance is made in accordance with applicable laws (including regulations). (i) Wildland Fire Operations.--Nothing in this section prohibits the Secretary, in cooperation with other Federal, State, and local agencies, as appropriate, from conducting wildland fire operations in the National Monument consistent with the purposes specified in section 3. SEC. 6. WATER. Nothing in this Act-- (1) affects the use or allocation, in existence on the date of enactment of this Act, of any water, water right, or interest in water; (2) affects any vested absolute or decreed conditional water right in existence on the date of enactment of this Act, including any water right held by the United States; (3) affects any interstate water compact in existence on the date of the enactment of this Act; (4) authorizes or imposes any new reserved Federal water rights; or (5) relinquishes or reduces any water rights reserved or appropriated by the United States in the State on or before the date of the enactment of this Act. SEC. 7. BORDER SECURITY. (a) In General.--Nothing in this Act-- (1) prevents the Secretary of Homeland Security from conducting-- (A) undertaking law enforcement and border security activities, in accordance with section 4(c) of the Wilderness Act (16 U.S.C. 1133(c)), including the ability to use motorized access within an area while in pursuit of a suspect; or (B) any low-level flights over the area that may be necessary for law enforcement and border security purposes; or (2) affects the 2006 Memorandum of Understanding among the Department of Homeland Security, the Department of the Interior, and the Department of Agriculture regarding cooperative national security and counterterrorism efforts on Federal lands along the borders of the United States. (b) Withdrawal and Administration of Certain Area.--Nothing in this section precludes the Secretary from allowing the installation and maintenance of communication or surveillance infrastructure necessary for law enforcement or border security activities within the National Monument boundaries. SEC. 8. DEPARTMENT OF ARMY RESPONSIBILITY AND AUTHORITY. (a) Responsibility.--Nothing in this Act shall affect-- (1) the responsibility of the Department of the Army under applicable environmental laws, including the remediation of hazardous substances or munitions and explosives of concern within the National Monument boundaries; (2) the statutory authority of the Department of the Army to control public access or statutory responsibility to make other measures for environmental remediation, monitoring, security, safety, or emergency preparedness purposes; (3) the activities of the Department of the Army on lands not included within the National Monument; or (4) the responsibility of the Department of the Army, in consultation with the Secretary (acting through the Bureau of Land Management), to continue to manage the lands and interests in lands under the Secretary's jurisdiction within the National Monument boundaries until the Army transfers administrative jurisdiction of those lands and interests in lands to the Bureau of Land Management. (b) Authority.--The Secretary of the Army and the Secretary may enter into a memorandum of understanding whereby the Secretary of the Army-- (1) may relinquish administrative jurisdiction over the Castner Range, Fort Bliss, Texas, to the Secretary of the Interior; and (2) may not relinquish or diminish the responsibility of the Secretary of the Army of responsibilities referred to in subsection (a). SEC. 9. CASTNER RANGE NATIONAL MONUMENT ADVISORY COUNCIL. (a) Establishment.--Not more than 180 days after the date of the enactment of this Act, the Secretary shall establish an advisory council to be known as the ``Castner Range National Monument Advisory Council''. (b) Duties.--The advisory council shall advise the Secretary with respect to the preparation and implementation of the management plan for the National Monument. (c) Applicable Law.--The advisory council shall be subject to-- (1) the Federal Advisory Committee Act (5 U.S.C. App.); (2) the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.); and (3) all other applicable law. (d) Members.--The advisory council shall include 11 members, to be appointed by the Secretary, of whom, to the extent practicable-- (1) one member shall be appointed after considering the recommendations of the El Paso County Commissioners Court; (2) one member shall be appointed after considering the recommendations of the head of the Texas Parks and Wildlife Department; (3) one member shall be appointed to represent Indian Tribes; (4) one member shall be appointed to represent Fort Bliss; and (5) seven members shall reside in, or within reasonable proximity to, the county specified in paragraphs (1) through (4) with backgrounds that reflect-- (A) the purposes specified in section 3; and (B) the interest of persons affected by the planning and management of the National Monument, including persons representing the agricultural, private land-ownership, environmental, recreational, tourism, or other non-Federal land interests. (e) Representation.--The Secretary shall ensure that the membership of the advisory council is fairly balanced in terms of the points of view represented and the functions to be performed by the advisory council. (f) Terms.-- (1) Staggered terms.--Members of the advisory council shall be appointed for terms of 3 years, except that, of the members first appointed, 5 of the members shall be appointed for a term of one year and 5 of the members shall be appointed for a term of 2 years. (2) Reappointment.--A member may be reappointed to serve on the advisory council upon the expiration of the member's current term. (3) Vacancy.--A vacancy on the advisory council shall be filled in the same manner as the original appointment. (g) Quorum.--A quorum shall be 7 members of the advisory council. The operations of the advisory council shall not be impaired by the fact that a member has not yet been appointed as long as a quorum has been attained. (h) Chairperson and Procedures.--The advisory council shall elect a chairperson and establish such rules and procedures as it deems necessary or desirable. (i) Service Without Compensation.--Members of the advisory council shall serve without pay. (j) Termination.--The advisory committee shall cease to exist-- (1) on the date that is 5 years after the date on which the management plan is officially adopted by the Secretary; or (2) on such later date as the Secretary considers appropriate. SEC. 10. LAND CONVEYANCE, CASTNER RANGE, FORT BLISS, TEXAS. Section 2846 of the 2018 National Defense Authorization Act is repealed. <all>

Castner Range National Monument Act

To designate the Castner Range in the State of Texas, to establish the Castner Range National Monument, and for other purposes.

Castner Range National Monument Act

Rep. Escobar, Veronica

D

TX

H.R.1731

Education

Biliteracy Education Seal and Teaching Act or the BEST Act This bill directs the Department of Education to award renewable two-year grants to states to establish or improve, and carry out, Seal of Biliteracy programs to recognize student proficiency in speaking, reading, and writing in both English and a second language. Further, these programs must allow speakers of any official Native American language to use equivalent proficiency in speaking, reading, and writing in such language in lieu of proficiency in English.

To award grants to States to establish or improve, and carry out, Seal of Biliteracy programs to recognize high-level student proficiency in speaking, reading, and writing in both English and a second language. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Biliteracy Education Seal and Teaching Act'' or the ``BEST Act''. SEC. 2. FINDINGS. Congress finds the following: (1) The people of the United States celebrate cultural and linguistic diversity and seek to prepare students with skills to succeed in the 21st century. (2) It is fitting to commend the dedication of students who have achieved proficiency in multiple languages and to encourage their peers to follow in their footsteps. (3) The congressionally requested Commission on Language Learning, in its 2017 report ``America's Languages: Investing in Language Education for the 21st Century'', notes the pressing national need for more people of the United States who are proficient in two or more languages for national security, economic growth, and the fulfillment of the potential of all people of the United States. (4) The Commission on Language Learning also notes the extensive cognitive, educational, and employment benefits deriving from biliteracy. (5) Biliteracy in general correlates with higher graduation rates, higher grade point averages, higher rates of matriculation into higher education, and higher earnings for all students, regardless of background. (6) The study of America's languages in elementary and secondary schools should be encouraged because it contributes to a student's cognitive development and to the national economy and security. (7) Recognition of student achievement in language proficiency will enable institutions of higher education and employers to readily recognize and acknowledge the valuable expertise of bilingual students in academia and the workplace. (8) States such as Utah, Arizona, Washington, and New Mexico have developed innovative testing methods for languages, including Native American languages, where no formal proficiency test currently exists. (9) The use of proficiency in a government-recognized official Native American language as the base language for a Seal of Biliteracy, with proficiency in any additional partner language demonstrated through tested proficiency, has been successfully demonstrated in Hawaii. (10) Students in every State and every school should be able to benefit from a Seal of Biliteracy program. SEC. 3. DEFINITIONS. In this Act: (1) ESEA definitions.--The terms ``English learner'', ``secondary school'', and ``State'' have the meanings given those terms in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). (2) Native american languages.--The term ``Native American languages'' has the meaning given the term in section 103 of the Native American Languages Act (25 U.S.C. 2902). (3) Seal of biliteracy program.--The term ``Seal of Biliteracy program'' means any program described in section 4(a) that is established or improved, and carried out, with funds received under this Act. (4) Second language.--The term ``second language'' means any language other than English (or a Native American language, pursuant to section 4(a)(2)), including Braille, American Sign Language, or a Classical language. (5) Secretary.--The term ``Secretary'' means the Secretary of Education. SEC. 4. GRANTS FOR STATE SEAL OF BILITERACY PROGRAMS. (a) Establishment of Program.-- (1) In general.--From amounts made available under subsection (f), the Secretary shall award grants, on a competitive basis, to States to enable the States to establish or improve, and carry out, Seal of Biliteracy programs to recognize student proficiency in speaking, reading, and writing in both English and a second language. (2) Inclusion of native american languages.-- Notwithstanding paragraph (1), each Seal of Biliteracy program shall contain provisions allowing the use of Native American languages, including allowing speakers of any Native American language recognized as official by any American government, including any Tribal government, to use equivalent proficiency in speaking, reading, and writing in the Native American language in lieu of proficiency in speaking, reading, and writing in English. (3) Duration.--A grant awarded under this section shall be for a period of 2 years, and may be renewed at the discretion of the Secretary. (4) Renewal.--At the end of a grant term, a State that receives a grant under this section may reapply for a grant under this section. (5) Limitations.--A State shall not receive more than 1 grant under this section at any time. (6) Return of unspent grant funds.--Each State that receives a grant under this section shall return any unspent grant funds not later than 6 months after the date on which the term for the grant ends. (b) Grant Application.--A State that desires a grant under this section shall submit an application to the Secretary at such time, in such manner, and containing such information and assurances as the Secretary may require, including-- (1) a description of the criteria a student must meet to demonstrate the proficiency in speaking, reading, and writing in both languages necessary for the State Seal of Biliteracy program; (2) a detailed description of the State's plan-- (A) to ensure that English learners and former English learners are included in the State Seal of Biliteracy program; (B) to ensure that-- (i) all languages, including Native American languages, can be tested for the State Seal of Biliteracy program; and (ii) Native American language speakers and learners are included in the State Seal of Biliteracy program, including students at tribally controlled schools and at schools funded by the Bureau of Indian Education; and (C) to reach students, including eligible students described in subsection (c)(2) and English learners, their parents, and schools with information regarding the State Seal of Biliteracy program; (3) an assurance that a student who meets the requirements under paragraph (1) and subsection (c) receives-- (A) a permanent seal or other marker on the student's secondary school diploma or its equivalent; and (B) documentation of proficiency on the student's official academic transcript; and (4) an assurance that a student is not charged a fee for providing information under subsection (c)(1). (c) Student Participation in a Seal of Biliteracy Program.-- (1) In general.--To participate in a Seal of Biliteracy program, a student shall provide information to the State that serves the student at such time, in such manner, and including such information and assurances as the State may require, including an assurance that the student has met the criteria established by the State under subsection (b)(1). (2) Student eligibility for participation.--A student who gained proficiency in a second language outside of school may apply under paragraph (1) to participate in a Seal of Biliteracy program. (d) Use of Funds.--Grant funds made available under this section shall be used for-- (1) the administrative costs of establishing or improving, and carrying out, a Seal of Biliteracy program that meets the requirements of subsection (b); and (2) public outreach and education about the Seal of Biliteracy program. (e) Report.--Not later than 18 months after receiving a grant under this section, a State shall issue a report to the Secretary describing the implementation of the Seal of Biliteracy program for which the State received the grant. (f) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section $10,000,000 for each of fiscal years 2022 through 2026. <all>

BEST Act

To award grants to States to establish or improve, and carry out, Seal of Biliteracy programs to recognize high-level student proficiency in speaking, reading, and writing in both English and a second language.

BEST Act Biliteracy Education Seal and Teaching Act

Rep. Brownley, Julia

D

CA

H.R.5396

Civil Rights and Liberties, Minority Issues

Title IX Take Responsibility Act of 2021 This bill establishes statutory standards of liability for sexual harassment and a private right of action under Title IX of the Education Amendments of 1972, which prohibits discrimination on the basis of sex in federally funded education programs or activities. Currently, Title IX does not expressly provide for a private right of action for violations, prohibit sexual harassment, or establish standards of liability with respect to such conduct. The Supreme Court has interpreted the statute to cover sexual harassment and has determined that it provides an implied private right of action; the Court has also delineated standards of liability that generally require actual knowledge on the part of educational institutions with respect to such conduct. The bill specifically sets out standards of liability for sexual harassment with respect to covered entities under Title IX. Among other provisions, the bill specifies that a covered entity is liable for sexual harassment committed by an employee against a student that is enabled by the employee's authority and results in a hostile environment, regardless of whether the entity knew or should have known about such conduct. The bill also allows any person aggrieved by the failure of a covered entity to comply with Title IX to bring a civil action for damages.

To amend title IX of the Education Amendments of 1972 to establish standards of liability for harassment on the basis of sex, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Title IX Take Responsibility Act of 2021''. SEC. 2. FINDINGS. Congress finds the following: (1) As the Supreme Court has held in Franklin v. Gwinnett County Public Schools, 503 U.S. 60, 75 (1992), and Davis v. Monroe County Board of Education, 526 U.S. 629, 633 (1999), covered entities are liable for harassment on the basis of sex under their education programs and activities under title IX of the Education Amendments of 1972 (20 U.S.C. 12681 et seq.) (referred to in this Act as ``title IX''). (2) As courts have properly recognized, experiencing the effects of sexual harassment under an education program or activity, whether perpetrated by employees or agents of the program or activity, by peers of the victim, or by others, can be a form of unlawful and intentional discrimination that inflicts substantial harm on beneficiaries of the program or activity and violates the obligation of a covered entity to maintain a nondiscriminatory environment. (3) Title IX protects persons, of any gender, from discrimination on the basis of sex in education programs and activities that receive Federal funding. Supreme Court opinions have established that under title IX, schools are responsible for addressing sexual harassment, regardless of the location of the harassment, when it impacts a person's access to an educational program or activity. (4) Perpetrators of sexual harassment and violence at school are not limited to students. Incidents have also involved faculty, administrators, coaches, and other staff members. (5) A school culture that tolerates inappropriate verbal and physical contact and that intentionally or unintentionally discourages reporting these behaviors undermines the emotional, intellectual, and professional growth of millions of young people. (6) Sexual harassment of students, especially among women and girls, students of color, disabled students, and LGBTQ students, is widely prevalent in K-12 and higher education, for example: (A) One in 5 girls ages 14 through 18 have been kissed or touched without their consent, 58 percent of LGBTQ youth ages 13 through 21 are sexually harassed, and children with disabilities are 2.9 times more likely than their peers to be sexually assaulted. (B) Historically marginalized and underrepresented groups are more likely to experience sexual harassment than their peers, with Native American, Black, and Latina girls being more likely than White girls to be forced to have sex when they do not want to do so. (C) In college, 1 in 4 women, 1 in 15 men, and 1 in 4 transgender, nonbinary, and gender-nonconforming students are sexually assaulted during their time as undergraduates. (D) One in 3 college women and 1 in 6 college men are survivors of dating violence or domestic violence. (7) Few students report harassment to their schools, often because of shame or self-blame, fear of retaliation, fear of being ignored or disciplined, fear of police or immigration officials, or lack of knowledge of services schools can offer to help. (8) Failure to meaningfully enforce title IX leads to discrimination by creating a hostile learning environment that impedes educational attainment, damages rights to equal access to education, and undermines learning for all. (9) When schools fail to protect survivors, including by offering supportive measures that are designed to preserve and to restore their equal access to education, survivors often suffer in the form of lower academic achievement, lost scholarships, and lost degrees. (10) Current title IX regulations issued by the Secretary of Education entitled ``Nondiscrimination on the Basis of Sex in Education Programs or Activities Receiving Federal Financial Assistance'' (85 Fed. Reg. 30026, May 19, 2020) have made it more difficult for student survivors to report harassment and receive help and pose uniquely burdensome procedures for cases of sexual harassment that are not required for any other type of student or staff misconduct, only further sweeping sexual violence under the rug. (11) Title IX's language is broad and sweeping, making clear Congress' intent to open the courthouse doors to victims of a wide range of sex discrimination in schools. However, since title IX's passage, courts have created barriers that make it extraordinarily difficult for survivors to obtain redress from schools through private litigation. (12) In a 5 to 4 opinion in Gebser v. Lago Vista Independent School District, 524 U.S. 274 (1998), the Supreme Court held that students subjected to sexual harassment may receive a damages remedy under title IX only when school officials have ``actual notice'' of the harassment and are ``deliberately indifferent'', or respond in a clearly unreasonable manner, to it. (13) Although they do not affect the relevant standards for individuals to obtain injunctive and equitable relief for harassment on the basis of race, color, sex, national origin, age, or disability under covered programs and activities, Gebser and similar opinions severely limit the availability of remedies for such individuals by imposing new, more stringent standards for recovery of damages under title IX. Yet in many cases, damages are the only remedy that would effectively rectify past harassment. (14) These limitations on effective relief thwart Congress' underlying purpose to protect students from harassment, and they create prohibitively high standards for title IX sexual harassment lawsuits that are more onerous than those applicable to workplace sexual harassment lawsuits under title VII of the Civil Rights Act of 1964 (42 U.S.C. 2000e et seq.). As a result, schools are required to do less to address harassment against their students than to address the same harassment of their employees, meaning that students, who are children and young adults, must suffer worse harassment than adult employees before they are entitled to a remedy in court. (15) Some lower courts have added additional onerous barriers under which a school is only liable for its failure to address known sexual harassment if the victim later experiences further actionable sexual harassment. (16) A Federal court of appeals opinion in Kollaritsch v. Michigan State University Board of Trustees, 944 F.3d 613, 621- 24 (6th Cir. 2019), went so far as to foreclose money damages if a victim of sexual harassment does not experience further actionable harassment as a result of the recipient's deficient response to a complaint, even if the recipient's conduct causes educational injuries under title IX. (17) Gebser and subsequent opinions create an incentive for covered entities to insulate themselves from knowledge of harassment on the basis of sex rather than adopting and enforcing practices that will minimize the danger of such harassment. The opinions thus undermine the purpose of prohibitions on discrimination in the civil rights laws to induce covered programs or activities to adopt and enforce practices that will minimize the danger that vulnerable students or other persons will be exposed to such odious behavior. (18) Legislative action is necessary and appropriate to reverse Gebser and other court opinions and restore the availability of a full range of remedies for harassment based on sex. (19) Restoring the availability of a full range of remedies for harassment will-- (A) ensure that students and other persons of federally funded programs and activities have protection from harassment on the basis of sex; (B) encourage covered entities to adopt and enforce meaningful policies and procedures to prevent and remedy harassment; (C) deter incidents of harassment; and (D) provide appropriate remedies for discrimination. SEC. 3. PROHIBITION OF HARASSMENT. (a) Prohibition of Harassment.--Section 901 of the Education Amendments of 1972 (20 U.S.C. 1681) is amended by adding at the end the following: ``(d) Prohibition of Harassment.-- ``(1) If an agent or an employee of a covered entity engages in harassment, regardless of where the harassment occurs, on the basis of sex, which is enabled or assisted by the authority exercised as an employee or agent of the covered entity, against a person who is participating in or receiving benefits, services, or opportunities from an education program or activity, or who is attempting to do so, and the harassment alters the aggrieved person's ability to do so, including by creating an intimidating, hostile, or offensive environment, the covered entity is liable for sex discrimination. ``(2)(A) If a person who is an agent or employee of a covered entity engages in harassment, regardless of where the harassment occurs, on the basis of sex against a person who is participating in or receiving benefits, services, or opportunities from an education program or activity or who is attempting to do so-- ``(i) the harassment is not enabled or assisted by the authority exercised as an employee or agent of the covered entity; ``(ii) the harassment alters the aggrieved person's ability to participate in or receive benefits, services, or opportunities from an education program or activity, including by creating an intimidating, hostile, or offensive environment; and ``(iii) the covered entity knew, or in the exercise of reasonable care should have known, of the harassment, then the covered entity is liable for sex discrimination unless it can demonstrate that it exercised reasonable care to promptly prevent and correct the effects of any harassment based on sex. ``(B) If a person who is not an agent or employee of a covered entity engages in harassment, regardless of where the harassment occurs, on the basis of sex against a person who is participating in or receiving benefits, services, or opportunities from an education program or activity or who is attempting to do so, and the harassment alters the aggrieved person's ability to do so, including by creating an intimidating, hostile, or offensive environment, and the covered entity knew, or in the exercise of reasonable care should have known, of the harassment, then the covered entity is liable for sex discrimination unless it can demonstrate that it exercised reasonable care to promptly prevent and correct the effects of any harassment based on sex. ``(C) A covered entity shall exercise reasonable care in response to harassment based on sex if any of the following individuals knew, or in the exercise of reasonable care should have known, about the harassment: ``(i) An agent or employee who has the authority to take action to redress the harassment. ``(ii) An agent or employee who has the duty to report to an administrator harassment or any other misconduct by others. ``(iii) An individual who a harassment victim or reporting party could reasonably believe has this authority or responsibility. ``(D) A showing that the covered entity has exercised reasonable care to promptly prevent and correct the effects of any harassment based on sex includes a demonstration by the covered entity that it has-- ``(i) established, adequately publicized, and enforced an effective and comprehensive harassment prevention policy and complaint procedure that is likely to provide redress and avoid harm without exposing the person subjected to the harassment to undue risk, effort, or expense; ``(ii) if requested by the aggrieved person or otherwise deemed necessary to protect the aggrieved person or other persons within the program or activity from a significant ongoing threat, undertaken a prompt, thorough, and impartial investigation, unless the allegations are patently frivolous; ``(iii) provided supportive measures that had the purpose and effect of preserving and restoring the aggrieved person's equal access to the education program or activity, regardless of whether the aggrieved person requested an investigation; and ``(iv) after receiving notice, taken other necessary, immediate, and appropriate corrective action designed to stop the harassment that occurred and correct its effects, regardless of whether the aggrieved person experienced subsequent harassment.''. (b) Civil Action.--Section 902 of the Education Amendments of 1972 (20 U.S.C. 1682) is amended-- (1) by inserting ``(a)'' before ``Each Federal department and agency which is empowered''; and (2) by adding at the end the following: ``(b) Any person aggrieved by the failure of a covered entity to comply with this title, including any regulation promulgated pursuant to this title, may bring a civil action in any court of competent jurisdiction to enforce such person's rights.''. (c) Actions Brought by Aggrieved Persons.--Title IX of the Education Amendments of 1972 (20 U.S.C. 1681 et. seq.) is amended by inserting after section 902 the following: ``SEC. 902A. ACTIONS BROUGHT BY OR ON BEHALF OF AGGRIEVED PERSONS. ``In an action brought against a covered entity by (including on behalf of) an aggrieved person who has been subjected to discrimination prohibited under this title (including its implementing regulations), the plaintiff may recover equitable and legal relief (including compensatory and punitive damages), and attorney's fees (including expert fees).''. <all>

Title IX Take Responsibility Act of 2021

To amend title IX of the Education Amendments of 1972 to establish standards of liability for harassment on the basis of sex, and for other purposes.

Title IX Take Responsibility Act of 2021

Rep. Dingell, Debbie

D

MI

H.R.6518

International Affairs

This bill establishes within the Department of State an office to combat the global rise of authoritarian socialism and communism.

To establish an office to combat the global rise of authoritarian socialism and communism at the Department of State, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. ESTABLISHMENT. Section 1 of the State Department Basic Authorities Act is amended by adding at the end the following: ``(k) Special Envoy To Combat Global Rise of Authoritarian Socialism and Communism.--There is established, within the Department of State, an office to combat the global rise of authoritarian socialism and communism at the Department of State, which shall be headed by a Special Envoy.''. <all>

To establish an office to combat the global rise of authoritarian socialism and communism at the Department of State, and for other purposes.

To establish an office to combat the global rise of authoritarian socialism and communism at the Department of State, and for other purposes.

Official Titles - House of Representatives Official Title as Introduced To establish an office to combat the global rise of authoritarian socialism and communism at the Department of State, and for other purposes.

Rep. Gimenez, Carlos A.

R

FL

H.R.6552

International Affairs

Frederick Douglass Trafficking Victims Prevention and Protection Reauthorization Act of 2022 This bill reauthorizes programs to combat human trafficking and addresses related issues. The bill reauthorizes through FY2026 various programs, including (1) Department of State and Department of Justice activities to combat human trafficking internationally; and (2) the Angel Watch Center, a U.S. Immigrations and Customs Enforcement program that notifies foreign countries of the pending arrival of certain convicted sex offenders. The Department of Health and Human Services (HHS) may carry out a program to prevent the re-exploitation of certain victims of trafficking by helping such individuals reintegrate into society and achieve self-sufficiency. The bill modifies an existing HHS grant program to provide training to school staff and students to recognize and avoid human trafficking, including by (1) renaming the program the Frederick Douglass Human Trafficking Prevention Education Grants program, and (2) modifying the prioritization for awarding such grants. The U.S. Agency for International Development must encourage integration of activities to counter human trafficking into its broader assistance programs. The bill also reauthorizes the U.S. Advisory Council on Human Trafficking through FY2031.

To reauthorize the Trafficking Victims Protection Act of 2000, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Frederick Douglass Trafficking Victims Prevention and Protection Reauthorization Act of 2022''. SEC. 2. TABLE OF CONTENTS. The table of contents for this Act is as follows: Sec. 1. Short title. Sec. 2. Table of contents. TITLE I--COMBATING TRAFFICKING IN PERSONS IN THE UNITED STATES Subtitle A--Programs To Support Victims and Persons Vulnerable to Human Trafficking Sec. 101. Modifications to grants to assist in the recognition of trafficking. Sec. 102. Human trafficking survivors employment and education program. Sec. 103. Extending sunset for Advisory Council on Human Trafficking. Subtitle B--Monitoring Child, Forced, and Slave Labor Sec. 111. Sense of Congress on submission of Department of Justice reports on time. Sec. 112. Sense of Congress on requiring child welfare agencies to report information on missing and abducted foster children and youth. TITLE II--FIGHTING HUMAN TRAFFICKING ABROAD Sec. 201. Modifications to program to end modern slavery grants. Sec. 202. Amendments to tier standards. Sec. 203. Expanding prevention efforts at the United States Agency for International Development. Sec. 204. Sense of Congress on human trafficking crisis in Ukraine. TITLE III--AUTHORIZATION OF APPROPRIATIONS Sec. 301. Extension of authorizations under the Victims of Trafficking and Violence Protection Act of 2000. Sec. 302. Extension of authorizations under the International Megan's Law. TITLE I--COMBATING TRAFFICKING IN PERSONS IN THE UNITED STATES Subtitle A--Programs To Support Victims and Persons Vulnerable to Human Trafficking SEC. 101. MODIFICATIONS TO GRANTS TO ASSIST IN THE RECOGNITION OF TRAFFICKING. (a) Amendments to Authorities To Prevent Trafficking.--Section 106(b)(2) of the Victims of Trafficking and Violence Protection Act of 2000 (22 U.S.C. 7104(b)) is amended-- (1) in the heading, by striking ``Grants to assist in the recognition of trafficking'' and inserting ``Frederick douglass human trafficking prevention education grants''; (2) in subparagraph (B)-- (A) in the matter preceding clause (i), by inserting ``under a program named `Frederick Douglass Human Trafficking Prevention Education Grants''' after ``may award grants''; and (B) in clause (ii), by inserting ``, linguistically accessible, and culturally responsive'' after ``age- appropriate''; (3) in the heading of subparagraph (C), by inserting ``for frederick douglass human trafficking prevention education grants'' after ``Program requirements''; (4) by amending subparagraph (D) to read as follows: ``(D) Priority.--In awarding Frederick Douglass Human Trafficking Prevention Education Grants under this paragraph, the Secretary shall-- ``(i) give priority to local educational agencies serving a high-intensity child sex trafficking area or an area with significant child labor trafficking; ``(ii) give additional priority to local educational agencies that partner with non- profit organizations specializing in human trafficking prevention education, which partner with law enforcement and technology or social media companies, to assist in training efforts to protect children from labor trafficking and sexual exploitation and abuse including grooming, materials depicting the sexual abuse of children, and human trafficking transmitted through technology; and ``(iii) consult, as appropriate, with the Secretary of Education, the Secretary of Housing and Urban Development, the Secretary of the Interior, the Secretary of Labor, and the Attorney General, to identify the geographic areas in the United States with the highest prevalence of at-risk populations for child trafficking, including children who are members of a racial or ethnic minority, homeless youth, foster youth, youth involved in the child welfare system, and children and youth who run away from home or an out-of-home placement.''; and (5) by adding at the end the following: ``(E) Criteria for selection.--Grantees should be selected based on their demonstrated ability to-- ``(i) engage stakeholders, including survivors of human trafficking, and Federal, State, local, or Tribal partners, to develop the programs; ``(ii) train the trainers, guardians, K-12 students, teachers, and other school personnel in a linguistically accessible, culturally responsive, age-appropriate, and trauma- informed fashion; and ``(iii) create a scalable, repeatable program to prevent child labor trafficking and sexual exploitation and abuse including grooming, child sexual abuse materials, and trafficking transmitted through technology that-- ``(I) uses evidence-based (as such term is defined in section 8101(21)(A) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801(21)(A))) best practices; and ``(II) employs appropriate technological tools and methodologies, including linguistically accessible, culturally responsive, age-appropriate, and trauma-informed approaches for trainers, guardians, educators, and K- 12 students. ``(F) Train the trainers.--For purposes of subparagraph (E), the term `train the trainers' means having experienced or master trainers coach new trainers who are less experienced with a particular topic or skill, or with training overall, who can then teach the material to others, creating a broader reach, sustainability, and making efforts cost- and time- efficient (commonly referred to as `training of trainers'). ``(G) Data collection.--The Secretary shall consult with the Secretary of Education, the Secretary of Housing and Urban Development, and the Secretary of the Interior to determine the appropriate demographics of the recipients or of students at risk of being trafficked or exploited, to be collected and reported with respect to grants under this paragraph, which shall include data collection of, at a minimum, students who are economically disadvantaged, members of a racial or ethnic minority, homeless youth, foster youth, youth involved in the child welfare system, and children and youth who run away from home or an out-of- home placement. ``(H) Report.--Not later than 540 days after the date of the enactment of this Act, and annually thereafter, the Secretary of Health and Human Services shall submit to the Committees on Education and Labor, Energy and Commerce, and the Judiciary of the House of Representatives and the Committees on the Judiciary and Health, Education, Labor, and Pensions of the Senate and make available to the public a report, including data on the following: ``(i) The total number of entities that received a Frederick Douglass Human Trafficking Prevention Education Grant over the past year. ``(ii) The total number of partnerships or consultants that included survivors, non-profit organizations specialized in human trafficking prevention education, law enforcement, and technology or social media companies. ``(iii) The total number of elementary and secondary schools that established and implemented evidence-based (as such term is defined in section 8101(21)(A) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801(21)(A))) best practices through programs developed using such grants. ``(iv) The total number and geographic distribution of trainers, guardians, students, teachers, and other school personnel trained using such grants pursuant to this paragraph. ``(v) The results of pre-training and post- training surveys to gauge trainees' increased understanding of the scope and signs of child trafficking and child sexual exploitation and abuse; how to interact with potential victims and survivors of child trafficking and child sexual exploitation and abuse using age- appropriate and trauma-informed approach; and the manner in which to respond to potential child trafficking and child sexual exploitation and abuse. ``(vi) The number of potential victims and survivors of child trafficking and child sexual exploitation and abuse identified and served by grantees, excluding any individually identifiable information about such children and acting in full compliance with all applicable privacy laws and regulations. ``(vii) The number of students in elementary or secondary school identified by grantees as being at risk of being trafficked or sexually exploited and abused, excluding any individually identifiable information about such children. ``(viii) The demographic characteristics of child trafficking survivors and victims, sexually exploited and abused children, and students at risk of being trafficked or sexually exploited and abused described in clauses (vi) and (vii), excluding any individually identifiable information about such children. ``(ix) Any service gaps and best practices identified by grantees.''. SEC. 102. HUMAN TRAFFICKING SURVIVORS EMPLOYMENT AND EDUCATION PROGRAM. (a) In General.--The Secretary of Health and Human Services may carry out a Human Trafficking Survivors Employment and Education Program to prevent the re-exploitation of eligible individuals who have been victims of trafficking, by assisting such individuals to integrate or reintegrate into society through social services support for the attainment of life-skills, employment, and education necessary to achieve self-sufficiency. (b) Services Provided.--Services offered, provided, and funded by the Program shall include (as relevant to the victim of trafficking)-- (1) enrollment and participation in-- (A) basic education, including literacy education and English as a second language education; (B) job-related skills training; (C) vocational and certificate programs; and (D) programs for attaining a regular high school diploma or its recognized equivalent; (2) life-skill training programs, including management of personal finances, self-care, and parenting classes; (3) resume creation and review; (4) interview coaching and counseling; (5) assistance with expungement of criminal records when such records are for nonviolent crimes that were committed as a consequence of the eligible individual's victimization, including assistance with credit repair; (6) assistance with enrollment in college or technical school; (7) scholarship assistance for attending college or technical school; (8) professional coaching or professional development classes; (9) case management to develop an individualized plan with each victim of trafficking, based on each person's needs and goals; (10) assistance with obtaining victim compensation, direct victim assistance, or other funds for mental health care; and (11) other programs and services that help eligible individuals to achieve self-sufficiency, such as wrap-around social services to assist survivors in meeting their basic needs. (c) Service Period.--Eligible individuals may receive services through the Program for a cumulative period of 5 years. (d) Cooperative Agreements.--Subject to the availability of appropriations, the Secretary shall enter into cooperative agreements with one or more eligible organizations to carry out this section. (e) Definitions.--In this section: (1) Eligible individual.--The term ``eligible individual'' means a domestic or foreign victim of trafficking who-- (A) has attained the age of 18 years; and (B) is eligible to receive services under section 107(b) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7105(b)). (2) Eligible organization.--The ``eligible organization'' may include a non-governmental organization and means a service provider that meets the following criteria: (A) Experience in using national or local anti- trafficking networks to serve victims of trafficking. (B) Experience qualifying, providing, and coordinating services for victims of trafficking, as described in subsection (b), that is linguistically accessible, culturally responsive, age-appropriate, and trauma-informed. (C) With respect to a service provider for victims of trafficking served by the Program who are not United States citizens, a provider that has experience in identifying and assisting foreign-born victims of trafficking, including helping them qualify for Continued Presence, T-Visas, and other Federal, State, and local services and funding. (D) With respect to a service provider for victims of trafficking served by the Program who are United States citizens and legal permanent residents, a provider that has experience identifying and assisting victims of trafficking, as such term is defined in section 103 of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7102), especially youth and underserved populations. (3) Program.--The term ``Program'' means the Human Trafficking Survivors Employment and Education Program established under this section. (4) Secretary.--The term ``Secretary'' means the Secretary of Health and Human Services. SEC. 103. EXTENDING SUNSET FOR ADVISORY COUNCIL ON HUMAN TRAFFICKING. Section 115(h) of the Justice for Victims of Trafficking Act of 2015 is amended by striking ``2020'' and inserting ``2031''. Subtitle B--Monitoring Child, Forced, and Slave Labor SEC. 111. SENSE OF CONGRESS ON SUBMISSION OF DEPARTMENT OF JUSTICE REPORTS ON TIME. It is the sense of Congress that the Department of Justice has failed to meet reporting requirements under title IV of the Trafficking Victims Protection Act of 2017 (Public Law 115-393; 132 Stat. 5273)) and that progress on critical data collection on human trafficking and crime reporting are in jeopardy as a result of such failure and must be addressed immediately. SEC. 112. SENSE OF CONGRESS ON REQUIRING CHILD WELFARE AGENCIES TO REPORT INFORMATION ON MISSING AND ABDUCTED FOSTER CHILDREN AND YOUTH. It is the sense of Congress that-- (1) each State child welfare agency should prioritize developing and implementing protocols to comply with section 471(1)(35)(B) of the Social Security Act (42 U.S.C. 671(a)(35)(B)); (2) report the information it receives on missing or abducted foster children and youth to the National Center on Missing and Exploited Children (NCMEC) and to law enforcement authorities for inclusion in the FBI's National Crime Information Center database, in accordance with subparagraphs (A) and (B) of section 471(a)(34) of the Social Security Act (42 U.S.C. 671(a)(34)); (3) such reports must be made immediately (and in no case later than 24 hours) after the information is received; and (4) such reports to the Secretary of the Department of Health and Human Services were required to start on September 30, 2016, and annual reports were required to start on September 30, 2017, by such section 471(a)(34), to provide the total number of children and youth who are sex trafficking victims. TITLE II--FIGHTING HUMAN TRAFFICKING ABROAD SEC. 201. MODIFICATIONS TO PROGRAM TO END MODERN SLAVERY GRANTS. (a) In General.--Section 1298 of the National Defense Authorization Act of 2017 (22 U.S.C. 7114) is amended as follows: (1) In subsection (g)(2), by striking ``2020'' and inserting ``2026''. (2) In subsection (h)(1), by striking ``Not later than September 30, 2018, and September 30, 2020'' and inserting ``Not later than September 30, 2022, and September 30, 2026''. (b) Award of Funds.--All grants shall be awarded on a competitive basis. SEC. 202. AMENDMENTS TO TIER STANDARDS. (a) Modifications to Tier 2 Watch List.--Subsection (b)(2) of section 110 of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7107), is amended-- (1) in the heading, by striking ``Special'' and inserting ``Tier 2''; and (2) by amending subparagraph (A) to read as follows: ``(A) Submission of list.--Not later than the date on which the determinations described in subsections (c) and (d) are submitted to the appropriate congressional committees in accordance with such subsections, the Secretary of State shall submit to the appropriate congressional committees a list of countries that the Secretary determines requires special scrutiny during the following year. The list shall be composed of countries that have been listed pursuant to paragraph (1)(B) pursuant to the current annual report because-- ``(i) the estimated number of victims of severe forms of trafficking is very significant or is significantly increasing and the country is not taking proportional concrete actions; or ``(ii) there is a failure to provide evidence of increasing efforts to combat severe forms of trafficking in persons from the previous year, including increased investigations, prosecutions and convictions of trafficking crimes, increased assistance to victims, and decreasing evidence of complicity in severe forms of trafficking by government officials.''. (b) Modification to Special Rule for Downgraded and Reinstated Countries.--Subsection (b)(2)(F) of such section 110 is amended-- (1) in the matter preceding clause (i), by striking ``the special watch list'' and all that follows through ``the country--'' and inserting ``the Tier 2 watchlist described in subparagraph (A) for more than 1 year immediately after the country consecutively--''; (2) in clause (i), in the matter preceding subclause (I), by striking ``the special watch list described in subparagraph (A)(iii)'' and inserting ``the Tier 2 watch list described in subparagraph (A)''; and (3) in clause (ii), by inserting ``in the year following such waiver under subparagraph (D)(ii)'' before the period at the end. (c) Conforming Amendments.--Subsection (b) of such section 110 is amended as follows: (1) In paragraph (2), as amended by subsection (a)-- (A) in subparagraph (B), by striking ``special watch list'' and inserting ``Tier 2 watch list''; (B) in subparagraph (C), by striking ``special watch list'' and inserting ``Tier 2 watch list''; and (C) in subparagraph (D)-- (i) in the heading, by striking ``special watch list'' and inserting ``tier 2 watch list''; and (ii) in clause (i), by striking ``special watch list'' and inserting ``Tier 2 watch list''. (2) In paragraph (3)(B), in the matter preceding clause (i), by striking ``clauses (i), (ii), and (iii) of''. (3) In paragraph (4)-- (A) in subparagraph (A), in the matter preceding clause (i), by striking ``each country described in paragraph (2)(A)(ii)'' and inserting ``each country described in paragraph (2)(A)''; and (B) in subparagraph (D)(ii), by striking ``the Special Watch List under paragraph (2)'' and inserting ``the Tier 2 watch list under paragraph (2)''. SEC. 203. EXPANDING PREVENTION EFFORTS AT THE UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT. In order to increase the prevention efforts by the United States abroad, the Administrator of the United States Agency for International Development shall encourage integration of activities to counter trafficking in persons (C-TIP) into broader assistance programming. The Administrator shall-- (1) determine a reasonable definition for the term ``C-TIP Integrated Development Programs'', which shall at a minimum include any programming to address health, economic development, education, democracy and governance, food security and humanitarian assistance that the Administrator determines includes a sufficient counter-trafficking in persons element integrated in the program design or delivery; (2) encourage that any program design or delivery that may directly serve victims of trafficking in persons is age- appropriate, linguistically accessible, culturally responsive, and survivor- and trauma-informed, and provides opportunities for anonymous and voluntary feedback from the beneficiaries receiving such services; (3) encourage that each USAID mission integrates a counter- trafficking in persons perspective and specific approaches into development programs, project design, and methods for program monitoring and evaluation, when addressing a range of development issues, including-- (A) health; (B) economic development; (C) education; (D) democracy and governance; (E) food security; and (F) humanitarian assistance; (4) implement robust training and disseminate tools around the integration of a counter-trafficking perspective and awareness in the day-to-day work of development professionals; and (5) encourage subsequent Country Development Cooperation Strategies include a counter-trafficking in persons analytic component to guide future project design and promote the inclusion of counter-trafficking elements in project design, implementation, monitoring, and evaluation required for Tier 2 Watch List and Tier 3 countries (as such terms are defined for purposes of section 110 of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7107), as amended). SEC. 204. SENSE OF CONGRESS ON HUMAN TRAFFICKING CRISIS IN UKRAINE. It is the sense of Congress that Russia's aggression in Ukraine targeting civilians and non-military infrastructure has led to millions to flee their homes--90 percent of them being women and children according to the United Nations High Commissioner for Refugees-- creating a humanitarian and human trafficking crisis, as Russian President Putin continues to wage the largest and most lethal war in Europe since World War II. TITLE III--AUTHORIZATION OF APPROPRIATIONS SEC. 301. EXTENSION OF AUTHORIZATIONS UNDER THE VICTIMS OF TRAFFICKING AND VIOLENCE PROTECTION ACT OF 2000. Section 113 of the Victims of Trafficking and Violence Protection Act of 2000 (22 U.S.C. 7110) is amended-- (1) in subsection (a), by striking ``2018 through 2021, $13,822,000'' and inserting ``2022 through 2026, $16,000,000''; (2) in subsection (b)(1)-- (A) by striking ``To carry out the purposes of sections 106(b) and 107(b),'' and inserting ``To carry out the purposes of sections 106(b) and 107(b) of this Act and sections 101 and 102 of the Frederick Douglass Trafficking Victims Prevention and Protection Reauthorization Act of 2022,''; and (B) by striking ``$19,500,000'' and all that follows, and inserting ``$25,000,000 for each of the fiscal years 2022 through 2026, of which $5,000,000 is authorized to be appropriated in each fiscal year for the National Human Trafficking Hotline and for cybersecurity and public education campaigns, in consultation with the Secretary of Homeland Security, for identifying and responding as needed to cases of human trafficking.''; (3) in subsection (c)(1)-- (A) in the matter preceding subparagraph (A), by striking ``2018 through 2021, $65,000,000'' and inserting ``2022 through 2026, $89,500,000''; (B) in subparagraph (C), by striking ``; and'' and inserting a semicolon; (C) in subparagraph (D), by striking the period at the end and inserting ``; and''; and (D) by adding at the end the following new subparagraph: ``(E) to fund programs to end modern slavery, in an amount not to exceed $37,500,000 for each of the fiscal years 2022 through 2026.''; and (4) in subsection (d) in paragraph (1), by striking ``2018 through 2021'' and inserting ``2022 through 2026, of which $35,000,000 is authorized to be appropriated for each fiscal year for the Office of Victims of Crime Housing Assistance Grants for Victims of Human Trafficking''. SEC. 302. EXTENSION OF AUTHORIZATIONS UNDER THE INTERNATIONAL MEGAN'S LAW. Section 11 of the International Megan's Law to Prevent Child Exploitation and Other Sexual Crimes Through Advanced Notification of Traveling Sex Offenders (34 U.S.C. 21509) is amended by striking ``2018 through 2021'' and inserting ``2022 through 2026''. Passed the House of Representatives July 26, 2022. Attest: CHERYL L. JOHNSON, Clerk.

Frederick Douglass Trafficking Victims Prevention and Protection Reauthorization Act of 2022

To reauthorize the Trafficking Victims Protection Act of 2000, and for other purposes.

Frederick Douglass Trafficking Victims Prevention and Protection Reauthorization Act of 2022 Frederick Douglass Trafficking Victims Prevention and Protection Reauthorization Act of 2022

Rep. Smith, Christopher H.

R

NJ

S.4605

Transportation and Public Works

Preserving Access to Home Health Act of 2022 This bill restricts the Centers for Medicare & Medicaid Services (CMS) from decreasing payments for Medicare home health services based on certain adjustments until 2026. Current law requires the CMS to make certain permanent and temporary payment adjustments under the Medicare prospective payment system for home health services based on behavioral assumptions for 2020 through 2026. The bill restricts the CMS from making adjustments that decrease payments until 2026; the CMS must also ensure that any such necessary decreases are made before 2032.

To amend title XVIII of the Social Security Act to ensure stability in payments to home health agencies under the Medicare program. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Preserving Access to Home Health Act of 2022''. SEC. 2. ENSURING STABILITY IN PAYMENTS TO HOME HEALTH AGENCIES. (a) Limitation on Permanent and Temporary Adjustments.--Section 1895(b)(3)(D) of the Social Security Act (42 U.S.C. 1395fff(b)(3)(D)) is amended-- (1) in each of clauses (ii) and (iii), by striking ``The Secretary shall'' and inserting ``Subject to clause (iv), the Secretary shall''; and (2) by adding at the end the following new clause: ``(iv) Special rules for decreases in payments.-- ``(I) Postponement.--No permanent decrease to the standard prospective payment amount (or amounts) for a year under clause (ii) and no temporary decrease to the payment amount for a unit of home health services for a year under clause (iii) shall be made prior to 2026. ``(II) Sunset.--Subject to subclause (I), the Secretary shall ensure that all necessary permanent or temporary decreases described in subclause (I) are made prior to 2032.''. (b) Implementation.--Notwithstanding any other provision of law, the Secretary may implement the provisions of, and the amendments made by, this section by program instruction or otherwise. <all>

Preserving Access to Home Health Act of 2022

A bill to amend title XVIII of the Social Security Act to ensure stability in payments to home health agencies under the Medicare program.

Preserving Access to Home Health Act of 2022

Sen. Stabenow, Debbie

D

MI

S.4342

Education

Affording Students A Path to Forgiveness Act or the ASAP Forgiveness Act This bill requires the Department of Education to cancel up to $30,000 of interest and principal due on any eligible Federal Direct Loan that is in repayment status for a borrower who (1) has made 60 monthly payments on the loan pursuant to any authorized repayment plan, and (2) has been employed for 10 years after graduating from or leaving the institution of higher education (IHE) for which the loan was made to enable the borrower to enroll at the IHE.

To amend the Higher Education Act of 1965 to authorize a new student loan forgiveness program. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Affording Students A Path to Forgiveness Act'' or the ``ASAP Forgiveness Act''. SEC. 2. LOAN FORGIVENESS PROGRAM FOR EMPLOYMENT. Section 455 of the Higher Education Act of 1965 (20 U.S.C. 1087e) is amended by adding at the end the following: ``(r) Loan Forgiveness for Employment.-- ``(1) In general.--The Secretary shall cancel not more than $30,000 of interest and principal due, in accordance with paragraph (2), on any eligible Federal Direct Loan that is in repayment status on or after the date of enactment of this subsection for a borrower who-- ``(A) has made not less than 60 monthly payments on the eligible Federal Direct Loan pursuant to any repayment plan authorized under this Act; and ``(B) has been employed, on a full-time or part- time basis, for 10 years after graduating from, or otherwise leaving, the institution of higher education for which the loan was made to enable the borrower to enroll. ``(2) Loan cancellation amount.--After the conclusion of the employment period described in paragraph (1), the Secretary shall cancel the obligation to repay not more than $30,000 of principal and interest due as of the time of such cancellation, on the eligible Federal Direct Loans made to the borrower under this part. ``(3) Eligible federal direct loan.--In this subsection, the term `eligible Federal Direct Loan' means a Federal Direct Stafford Loan, Federal Direct PLUS Loan, or Federal Direct Unsubsidized Stafford Loan, or a Federal Direct Consolidation Loan. ``(4) Ineligibility for double benefits.--No borrower may, for the same service, receive a reduction of loan obligations under both this subsection and subsection (m) or section 428J, 428K, 428L, or 460.''. <all>

ASAP Forgiveness Act

A bill to amend the Higher Education Act of 1965 to authorize a new student loan forgiveness program.

ASAP Forgiveness Act Affording Students A Path to Forgiveness Act

Sen. Whitehouse, Sheldon

D

RI

S.1893

Health

Rural Physician Workforce Production Act of 2021 This bill allows certain hospitals to receive additional payment under Medicare for full-time equivalent residents who receive training in rural areas. Specifically, hospitals, critical access hospitals, sole community hospitals, and rural emergency hospitals may elect to receive payment for time spent by a resident in a rural training location if the resident trains for at least eight weeks in the location and the hospital pays the salary and benefits of the resident during this time. Additionally, hospitals may receive payment for all time spent by residents in a residency program in which 50% of all training is in rural locations, regardless of where the training occurs or specialty. Payments are based on the difference between the total amount of eligible payments (as determined by the Centers for Medicare & Medicaid Services) and the amount of graduate medical education payments received (if applicable).

To amend title XVIII of the Social Security Act to support rural residency training funding that is equitable for all States, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Rural Physician Workforce Production Act of 2021''. SEC. 2. ELECTIVE RURAL SUSTAINABILITY PER RESIDENT PAYMENT FOR RESIDENTS TRAINING IN RURAL TRAINING LOCATIONS. (a) In General.--Section 1886 of the Social Security Act (42 U.S.C. 1395ww) is amended by adding at the end the following new subsection: ``(u) Elective Rural Sustainability Per Resident Payment Amount for Residents Training in Rural Training Locations.-- ``(1) Determination of elective rural sustainability per resident payment amount.-- ``(A) In general.--The elective rural sustainability per resident payment amount determined under this subsection for an applicable hospital (as defined in paragraph (7)(A)) that makes an election under paragraph (2), with respect to each full-time- equivalent resident in an approved medical residency training program that receives training in a rural training location (as defined in paragraph (7)(C)), is an amount equal to the difference between-- ``(i) the total elective rural sustainability amount determined under subparagraph (B) (or, in the case of an applicable hospital not located in a rural area, the total elective rural sustainability amount or urban total elective rural sustainability amount, as applicable, determined under such subparagraph); and ``(ii) the amount (if any) the applicable hospital otherwise receives for direct graduate medical education costs under subsection (h) or section 1814(l), as applicable, with respect to each such resident. ``(B) Total elective rural sustainability amount.-- ``(i) Establishment for initial cost reporting periods.-- ``(I) In general.--Subject to subclause (II), for cost reporting periods beginning during the first year beginning on or after the date of the enactment of this subsection, the Secretary shall establish a total elective rural sustainability amount for time spent by each full-time- equivalent resident in an approved medical residency training program that receives training in a rural training location. Such amount shall be the amount that the Secretary determines is equal to the median national direct GME training costs per full-time equivalent resident for 2015 described in table 9 on page 33 of the March 2018 GAO report on Physician Workforce (GAO-18-240), updated for each subsequent year through the first year beginning on or after the date of the enactment of this subsection, by the annual percentage increase in the consumer price index for all urban consumers (all items; United States city average). ``(II) Application to urban hospitals.--For cost reporting periods beginning during the first year beginning on or after the date of the enactment of this subsection, in the case of an applicable hospital that is not located in a rural area-- ``(aa) with respect to such residents that receive training in a rural track or an integrated rural track, the total elective rural sustainability amount per resident shall be equal to the amount established under subclause (I); and ``(bb) with respect to such residents that receive training in a rural training location and who are not participating in a rural track or an integrated rural track, the total elective rural sustainability amount per resident shall be equal to 50 percent of the amount established under subclause (I) (referred to in this subsection as the `urban total elective rural sustainability amount'). ``(ii) Updating for subsequent cost reporting periods.--For each subsequent cost reporting period, the total elective rural sustainability amount under clause (i)(I) and clause (i)(II)(aa) and the urban total elective rural sustainability amount under clause (i)(II)(bb), respectively, are equal to such amounts determined under such clause for the previous cost reporting period updated, through the midpoint of the period, by projecting the estimated percentage change in the consumer price index for all urban consumers (all items; United States city average) during the 12-month period ending at that midpoint, with appropriate adjustments to reflect previous under- or over-estimations under this clause in the projected percentage change in the consumer price index for medical care services. ``(C) Clarification.--The total elective rural sustainability amount, the urban total elective rural sustainability amount, and the elective rural sustainability per resident payment amount determined under this paragraph shall not be discounted or otherwise adjusted based on the Medicare patient load (as defined in subsection (h)(3)(C)) of an applicable hospital or discharges in a diagnosis-related group. ``(2) Election.--For cost reporting periods beginning on or after the date that is 1 year after the date of the enactment of this subsection, an applicable hospital may elect to receive the elective rural sustainability per resident payment amount for each full-time-equivalent resident in an approved medical residency training program that receives training in a rural training location in accordance with this subsection. An applicable hospital may make an election under the preceding sentence regardless of whether the applicable hospital is otherwise eligible for a payment or adjustment for indirect and direct graduate medical education costs under subsections (d)(5)(B) and (h) or section 1814(l), as applicable, with respect to such residents. ``(3) Application.--The provisions of this subsection, or the application of such provisions to an applicable hospital-- ``(A) shall not result in-- ``(i) the establishment of a limitation on the number of residents in allopathic or osteopathic medicine for purposes of subsections (d)(5)(B) and (h) with respect to an approved medical residency training program of an applicable hospital (or be taken into account in determining such a limitation during the cap building period of an applicable hospital); or ``(ii) the counting of any resident with respect to which the applicable hospital receives an elective rural sustainability per resident payment amount under this subsection towards the application of the limitation described in clause (i) for purposes of subsections (d)(5)(B) and (h); and ``(B) shall not have any effect on the determination of-- ``(i) the additional payment amount under subsection (d)(5)(B); or ``(ii) hospital-specific approved FTE resident amounts under subsection (h). ``(4) Allocation of payments.--In providing for payments under this subsection, the Secretary shall provide for an allocation of such payments between parts A and part B (and the trust funds established under the respective parts) as reasonably reflects the proportion of such costs associated with the provision of services under each respective part. ``(5) Eligibility for payment.-- ``(A) In general.--An applicable hospital shall be eligible for payment of the elective rural sustainability per resident payment amount under this subsection for time spent by a resident training in a rural training location if the following requirements are met: ``(i) The resident spends the equivalent of at least 8 weeks over the course of their training in a rural training location. ``(ii) The hospital pays the salary and benefits of the resident for the time spent training in a rural training location. ``(B) Treatment of time spent in rural tracks or integrated rural tracks.--An applicable hospital shall be eligible for payment of the elective rural sustainability per resident payment amount under this subsection for all time spent by residents in an approved medical residency program (or separately defined track within a program) that provides more than 50 percent of the total residency training time in rural training locations, regardless of where the training occurs and regardless of specialty. ``(6) Determination of full-time-equivalent residents.--The determination of full-time-equivalent residents for purposes of this subsection shall be made in the same manner as the determination of full-time-equivalent residents under subsection (h)(4), but not taking into account the limitation under subparagraph (F) of such subsection. ``(7) Definitions.--In this subsection: ``(A) Applicable hospital.--The term `applicable hospital' means a hospital, critical access hospital, sole community hospital (as defined in subsection (d)(5)(D)(iii)), or rural emergency hospital (as defined in section 1861(kkk)(2)). ``(B) Approved medical residency training program; direct graduate medical education costs; resident.--The terms `approved medical residency training program', `direct graduate medical education costs', and `resident' have the meanings given those terms in subsection (h)(5). ``(C) Rural training location.--The term `rural training location' means a location in which training occurs that, based on the 2010 census or any subsequent census adjustment, meets one or more of the following criteria: ``(i) The training occurs in a location that is a rural area (as defined in section 1886(d)(2)(D)). ``(ii) The training occurs in a location that has a rural-urban commuting area code equal to or greater than 4.0. ``(iii) The training occurs in a sole community hospital (as defined in subsection (d)(5)(D)(iii)) or in a location that is within 10 miles of a sole community hospital. ``(8) Budget neutrality requirement.--The Secretary shall ensure that aggregate payments for direct medical education costs and indirect medical education costs under this title, including any payments under this subsection, for each year (effective beginning on or after the date that is 1 year after the date of enactment of this subsection) are not greater than the aggregate payments for such costs that would have been made under this title for the year without the application of this subsection. For purposes of carrying out the budget neutrality requirement under the preceding sentence, the Secretary may make appropriate adjustments to the amount of such payments for direct graduate medical education costs and indirect medical education costs under subsections (h) and (d)(5)(B), respectively.''. (b) Treatment of Critical Access Hospitals and Sole Community Hospitals.-- (1) Critical access hospitals.--Section 1814(l) of the Social Security Act (42 U.S.C. 1395f(l)) is amended by adding at the end the following new paragraph: ``(6) For cost reporting periods beginning on or after the date that is 1 year after the date of enactment of this paragraph, the following shall apply: ``(A) A critical access hospital may elect to be treated as a hospital or as a non-provider setting for purposes of counting resident time for indirect medical education costs and direct graduate medical education costs for the time spent by the resident in that setting under subsections (d)(5)(B) and (h), respectively, of section 1886. ``(B) Medical education costs shall not be considered reasonable costs of a critical access hospital for purposes of payment under paragraph (1), to the extent that the critical access hospital is treated as a non-provider setting of another hospital or another hospital receives payment for such costs for the time spent by the resident in that setting pursuant to subsection (d)(5)(B), subsection (h), or subsection (u) of section 1886.''. (2) Sole community hospitals.--Section 1886(d)(5)(D) of the Social Security Act (42 U.S.C. 1395ww(d)(5)(D)) is amended by adding at the end the following new clause: ``(vi) For cost reporting periods beginning on or after the date that is 1 year after the date of enactment of this paragraph, the hospital-specific payment amount determined under clause (i)(I) with respect to a sole community hospital shall not include medical education costs, to the extent that the sole community hospital receives payment for such costs for the time spent by the resident in that setting pursuant to subsection (u).''. (c) Conforming Amendments.-- (1) Section 1886 of the Social Security Act (42 U.S.C. 1395ww) is amended-- (A) in subsection (d)(5)(B), in the matter preceding clause (i), by striking ``The Secretary'' and inserting ``Subject to subsection (u), the Secretary''; and (B) in subsection (h)-- (i) in paragraph (1), by inserting ``subject to subsection (u)'' after ``1861(v),''; and (ii) in paragraph (3), in the flush matter following subparagraph (B), by striking ``subsection (k)'' and inserting ``subsection (k) or subsection (u)''. SEC. 3. SUPPORTING NEW, EXPANDING, AND EXISTING RURAL TRAINING TRACKS. (a) Direct Graduate Medical Education.--Section 1886(h) of the Social Security Act (42 U.S.C. 1395ww(h)) is amended-- (1) in paragraph (4)-- (A) in subparagraph (F)(i)-- (i) by striking ``130 percent'' and inserting ``for cost reporting periods beginning on or after October 1, 1997, and before the date that is 1 year after the date of enactment of the Rural Physician Workforce Production Act of 2021, 130 percent''; and (ii) by adding at the end the following: ``For cost reporting periods beginning on or after the date that is 1 year after the date of enactment of the Rural Physician Workforce Production Act of 2021, such rules shall provide that any full-time-equivalent resident in an approved medical residency program (or separately defined track within a program) that provides more than 50 percent of the total residency training time in rural training locations (as defined in subsection (u)(6)(C)), regardless of where the training occurs and regardless of specialty, shall not be taken into account for purposes of applying the limitation under this subparagraph.''; and (B) in subparagraph (H)-- (i) in clause (i), in the second sentence, by inserting the following before the period: ``, in accordance with the second sentence of clause (i) of such subparagraph''; and (ii) in clause (iv), by inserting the following before the period: ``, in accordance with the second sentence of clause (i) of such subparagraph''; and (2) in paragraph (5), by adding at the end the following new subparagraph: ``(L) Special rules regarding application of elective rural sustainability per resident payment amount.--For special rules regarding application of the elective rural sustainability per resident payment amount under subsection (u), see paragraph (3) of such subsection.''. (b) Indirect Medical Education.--Section 1886(d)(5)(B)(v) is amended-- (1) by striking ``130 percent'' and inserting ``for cost reporting periods beginning on or after October 1, 1997, and before the date that is 1 year after the date of enactment of the Rural Physician Workforce Production Act of 2021, 130 percent''; and (2) by adding at the end the following: ``For cost reporting periods beginning on or after the date that is 1 year after the date of enactment of the Rural Physician Workforce Production Act of 2021, such rules shall provide that any full- time-equivalent resident in an approved medical residency program (or separately defined track within a program) that provides more than 50 percent of the total residency training time in rural training locations (as defined in subsection (u)(6)(C)), regardless of where the training occurs and regardless of specialty, shall not be taken into account for purposes of applying the limitation under this subparagraph. For special rules regarding application of the elective rural sustainability per resident payment amount under subsection (u), see paragraph (3) of such subsection.''. <all>

Rural Physician Workforce Production Act of 2021

A bill to amend title XVIII of the Social Security Act to support rural residency training funding that is equitable for all States, and for other purposes.

Rural Physician Workforce Production Act of 2021

Sen. Tester, Jon

D

MT

S.1904

International Affairs

Palestinian International Terrorism Support Prevention Act of 2021 This bill imposes sanctions targeting Hamas, the Palestinian Islamic Jihad, and any affiliate or successor groups. The President shall periodically report to Congress a list of each foreign person or instrumentality that knowingly assists, provides significant support or services to, or is involved in a significant transaction with a senior member or supporter of any of the targeted groups. The President shall impose two or more sanctions on the named persons. Specifically, the person may be (1) denied credit and services from the Export-Import Bank, (2) barred from purchasing certain controlled defense articles, (3) denied exports of items on the U.S. Munitions List, (4) prevented from receiving exports of certain goods or technology controlled for national security reasons, (5) prohibited from receiving financing of more than $10 million from any U.S. financial institution, or (6) subject to property-blocking restrictions. The President shall periodically report to Congress a list of foreign governments that have repeatedly provided material support for the targeted groups' terrorist activities. The President shall bar these governments from receiving for one year (1) U.S. assistance, or (2) exports of controlled munitions. The Department of Treasury shall instruct U.S. leadership of international financial institutions to oppose the provision of assistance to an identified government for one year. The bill provides for certain exceptions and waivers, such as for transactions that would serve U.S. national interests. The President shall report to Congress and periodically provide briefings on other specified topics related to the targeted groups, such as where these groups secure financing and surveillance equipment.

To impose sanctions with respect to foreign support for Palestinian terrorism, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Palestinian International Terrorism Support Prevention Act of 2021''. SEC. 2. DEFINITIONS. Except as otherwise provided, in this Act: (1) Admitted.--The term ``admitted'' has the meaning given that term in section 101(a)(13)(A) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(13)(A)). (2) Appropriate congressional committees.--Except as otherwise provided, the term ``appropriate congressional committees'' means the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives. (3) Foreign person.--The term ``foreign person'' means-- (A) an individual who is not a United States person; or (B) a corporation, partnership, or other nongovernmental entity that is not a United States person. (4) Material support.--The term ``material support'' has the meaning given the term ``material support or resources'' in section 2339A of title 18, United States Code. (5) Person.--The term ``person'' means an individual or entity. (6) United states person.--The term ``United States person'' means-- (A) a United States citizen or an alien lawfully admitted for permanent residence to the United States; or (B) an entity organized under the laws of the United States or of any jurisdiction within the United States, including a foreign branch of such an entity. SEC. 3. STATEMENT OF POLICY. It is the policy of the United States-- (1) to prevent Hamas, the Palestinian Islamic Jihad, or any affiliate or successor thereof from accessing its international support networks; and (2) to oppose Hamas, the Palestinian Islamic Jihad, or any affiliate or successor thereof from attempting to use goods, including medicine and dual-use items, to smuggle weapons and other materials to further acts of terrorism. SEC. 4. IMPOSITION OF SANCTIONS WITH RESPECT TO FOREIGN PERSONS AND AGENCIES AND INSTRUMENTALITIES OF FOREIGN STATES SUPPORTING HAMAS, THE PALESTINIAN ISLAMIC JIHAD, OR ANY AFFILIATE OR SUCCESSOR THEREOF. (a) Identification.-- (1) In general.--Not later than 180 days after the date of the enactment of this Act, and annually thereafter for the following 3 years, the President shall submit to the appropriate congressional committees a report that identifies each foreign person or agency or instrumentality of a foreign state that the President determines-- (A) knowingly assists in, sponsors, or provides significant financial or material support for, or financial or other services to or in support of, the terrorist activities of any person described in paragraph (2); or (B) directly or indirectly, knowingly and materially engages in a significant transaction with any person described in paragraph (2). (2) Person described.--A person described in this paragraph is a foreign person that the President determines-- (A) is a senior member of Hamas, the Palestinian Islamic Jihad, or any affiliate or successor thereof; (B) is a senior member of a foreign terrorist organization designated pursuant to section 219 of the Immigration and Nationality Act (8 U.S.C. 1189) whose members directly or indirectly support the terrorist activities of Hamas, the Palestinian Islamic Jihad, or any affiliate or successor thereof by knowingly engaging in a significant transaction with, or providing financial or material support for Hamas, the Palestinian Islamic Jihad, or any affiliate or successor thereof, or any person described in subparagraph (A); or (C) directly or indirectly supports the terrorist activities of Hamas, the Palestinian Islamic Jihad, or any affiliate or successor thereof by knowingly and materially assisting, sponsoring, or providing financial or material support for, or goods or services to or in support of, Hamas, the Palestinian Islamic Jihad, or any affiliate or successor thereof, or any person described in subparagraph (A) or (B). (3) Form of report.--Each report required under paragraph (1) shall be submitted in unclassified form, but may contain a classified annex. (4) Exception.-- (A) In general.--The President shall not be required to identify a foreign person or an agency or instrumentality of a foreign state in a report pursuant to paragraph (1)(B) if-- (i) the foreign person or agency or instrumentality of a foreign state notifies the United States Government in advance that it proposes to engage in a significant transaction described in that paragraph; and (ii) the President determines and notifies the appropriate congressional committees in a classified form not less than 15 days prior to the foreign person or agency or instrumentality of a foreign state engaging in the significant transaction that the significant transaction is in the national interests of the United States. (B) Non-applicability.--Subparagraph (A) shall not apply with respect to-- (i) an agency or instrumentality of a foreign state that the Secretary of State determines has repeatedly provided support for acts of international terrorism pursuant to section 1754(c) of the Export Controls Act of 2018 (50 U.S.C. 4813(c)), section 40 of the Arms Export Control Act (22 U.S.C. 2780), section 620A of the Foreign Assistance Act of 1961 (22 U.S.C. 2371), or any other provision of law; or (ii) any significant transaction described in paragraph (1)(B) that involves, directly or indirectly, a foreign state described in clause (i). (b) Imposition of Sanctions.-- (1) In general.--The President shall impose two or more of the sanctions described in paragraph (2) with respect to a foreign person or an agency or instrumentality of a foreign state identified pursuant to subsection (a). (2) Sanctions described.--The sanctions described in this paragraph to be imposed with respect to a foreign person or an agency or instrumentality of a foreign state are the following: (A) The President may direct the Export-Import Bank of the United States not to give approval to the issuance of any guarantee, insurance, extension of credit, or participation in the extension of credit in connection with the export of any goods or services to the foreign person or agency or instrumentality of a foreign state, and the Export-Import Bank of the United States shall comply with any such direction. (B) The President may prohibit the sale of any defense articles, defense services, or design and construction services under the Arms Export Control Act (22 U.S.C. 2751 et seq.) to the foreign person or agency or instrumentality of a foreign state. (C) The President may prohibit the issuance of licenses for export of any item on the United States Munitions List under section 38(a)(1) of the Arms Export Control Act (22 U.S.C. 2778(a)(1)) that include the foreign person or agency or instrumentality of a foreign state as a party. (D) The President may prohibit the export of any goods or technologies controlled for national security reasons under the Export Administration Regulations under subchapter C of chapter VII of title 15, Code of Federal Regulations, to the foreign person or agency or instrumentality of a foreign state, except that such prohibition shall not apply to any transaction subject to the reporting requirements of title V of the National Security Act of 1947 (50 U.S.C. 3091 et seq.). (E) The President may prohibit any United States financial institution from making loans or providing any credit or financing totaling more than $10,000,000 to the foreign person or agency or instrumentality of a foreign state, except that this subparagraph shall not apply to-- (i) any transaction subject to the reporting requirements of title V of the National Security Act of 1947 (50 U.S.C. 3091 et seq.); (ii) the provision of medicines, medical equipment, and humanitarian assistance; or (iii) any credit, credit guarantee, or financial assistance provided by the Department of Agriculture to support the purchase of food or other agricultural commodities. (F) The President may exercise all powers granted to the President by the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) (except that the requirements of section 202 of such Act (50 U.S.C. 1701) shall not apply) to the extent necessary to block and prohibit all transactions in all property and interests in property of a foreign person or agency or instrumentality of a foreign state if such property and interests in property are in the United States, come within the United States, or are or come within the possession or control of a United States person. (3) Exception.--The President shall not be required to apply sanctions under this subsection with respect to a foreign person or an agency or instrumentality of a foreign state identified pursuant to subsection (a) if the President certifies in writing to the appropriate congressional committees that-- (A) the foreign person or agency or instrumentality-- (i) is no longer carrying out activities or transactions for which the sanctions were to be imposed; or (ii) has taken and is continuing to take significant verifiable steps toward terminating the activities or transactions for which the sanctions were to be imposed; and (B) the President has received reliable assurances from the foreign person or agency or instrumentality that it will not carry out any activities or transactions for which sanctions may be imposed under this subsection in the future. (c) Penalties.-- (1) In general.--The penalties provided for in subsections (b) and (c) of section 206 of the International Emergency Economic Powers Act (50 U.S.C. 1705) shall apply to a person that knowingly violates, attempts to violate, conspires to violate, or causes a violation of regulations prescribed under section 8(b) to carry out subsection (b)(2)(F) to the same extent that such penalties apply to a person that knowingly commits an unlawful act described in section 206(a) of that Act. (2) Authorities.--The President may exercise all authorities provided to the President under sections 203 and 205 of the International Emergency Economic Powers Act (50 U.S.C. 1702 and 1704) for purposes of carrying out subsection (b)(2)(F). (d) Waiver.-- (1) In general.--The President may waive, on a case-by-case basis and for a period of not more than 180 days, a requirement under subsection (b) to impose or maintain sanctions with respect to a foreign person or agency or instrumentality of a foreign state if the President-- (A) determines that the waiver is in the national security interest of the United States; and (B) not less than 30 days before the waiver takes effect, submits to the appropriate congressional committees a report on the waiver and the justification for the waiver. (2) Renewal of waiver.--The President may, on a case-by- case basis, renew a waiver under paragraph (1) for additional periods of not more than 180 days if the President-- (A) determines that the renewal of the waiver is in the national security interest of the United States; and (B) not less than 15 days before the waiver expires, submits to the appropriate congressional committees a report on the renewal of the waiver and the justification for the renewal of the waiver. (e) Rule of Construction.--The authority to impose sanctions under subsection (b) with respect to a foreign person or an agency or instrumentality of a foreign state identified pursuant to subsection (a) is in addition to the authority to impose sanctions under any other provision of law with respect to foreign persons or agencies or instrumentalities of foreign states that directly or indirectly support international terrorism. (f) Agency or Instrumentality of a Foreign State Defined.--In this section, the term ``agency or instrumentality of a foreign state'' has the meaning given that term in section 1603(b) of title 28, United States Code. (g) Effective Date.--This section shall take effect on the date of the enactment of this Act and apply with respect to activities and transactions described in subsection (a) that are carried out on or after such date of enactment. SEC. 5. IMPOSITION OF SANCTIONS WITH RESPECT TO FOREIGN GOVERNMENTS THAT PROVIDE MATERIAL SUPPORT FOR THE TERRORIST ACTIVITIES OF HAMAS, THE PALESTINIAN ISLAMIC JIHAD, OR ANY AFFILIATE OR SUCCESSOR THEREOF. (a) Identification.-- (1) In general.--Not later than 180 days after the date of the enactment of this Act, and every 180 days thereafter, the President shall submit to the appropriate congressional committees a report that identifies the following: (A) Each government of a foreign country-- (i) with respect to which the Secretary of State determines has repeatedly provided support for acts of international terrorism pursuant to section 1754(c) of the Export Controls Act of 2018 (50 U.S.C. 4813(c)), section 40 of the Arms Export Control Act (22 U.S.C. 2780), section 620A of the Foreign Assistance Act of 1961 (22 U.S.C. 2371), or any other provision of law; and (ii) with respect to which the President determines has provided direct or indirect material support for the terrorist activities of Hamas, the Palestinian Islamic Jihad, or any affiliate or successor thereof. (B) Each government of a foreign country that-- (i) is not identified under subparagraph (A); and (ii) the President determines engaged in a significant transaction so as to contribute knowingly and materially to the efforts by the government of a foreign country described in subparagraph (A)(i) to provide direct or indirect material support for the terrorist activities of Hamas, the Palestinian Islamic Jihad, or any affiliate or successor thereof. (2) Form of report.--Each report submitted under paragraph (1) shall be submitted in unclassified form but may contain a classified annex. (b) Imposition of Sanctions.-- (1) In general.--The President shall impose the following sanctions with respect to each government of a foreign country identified under subsection (a)(1): (A) The United States Government shall suspend, for a period of one year, United States assistance to the government of the foreign country. (B) The Secretary of the Treasury shall instruct the United States Executive Director to each appropriate international financial institution to oppose, and vote against, for a period of one year, the extension by that institution of any loan or financial or technical assistance to the government of the foreign country. (C) No item on the United States Munitions List under section 38(a)(1) of the Arms Export Control Act (22 U.S.C. 2778(a)(1)) or the Commerce Control List set forth in Supplement No. 1 to part 774 of title 15, Code of Federal Regulations (or any successor list), may be exported to the government of the foreign country for a period of one year. (2) Exceptions.--The President shall not be required to apply sanctions with respect to the government of a foreign country pursuant to paragraph (1)-- (A) with respect to materials intended to be used by military or civilian personnel of the United States Armed Forces at military facilities in the country; or (B) if the application of such sanctions would prevent the United States from meeting the terms of any status of forces agreement to which the United States is a party. (c) Additional Sanctions With Respect to State Sponsors of Terrorism.--The President shall impose the following additional sanctions with respect to each government of a foreign country identified under subsection (a)(1)(A): (1) The President shall, pursuant to such regulations as the President may prescribe, prohibit any transactions in foreign exchange that are subject to the jurisdiction of the United States and in which the government of the foreign country has any interest. (2) The President shall, pursuant to such regulations as the President may prescribe, prohibit any transfers of credit or payments between one or more financial institutions or by, through, or to any financial institution, to the extent that such transfers or payments are subject to the jurisdiction of the United States and involve any interest of the government of the foreign country. (d) Waiver.-- (1) In general.--The President may waive, on a case-by-case basis and for a period of not more than 180 days, a requirement under subsection (b) or (c) to impose or maintain sanctions with respect to a foreign government identified pursuant to subparagraph (A) or (B) of subsection (a)(1) if the President-- (A) determines that the waiver is in the national security interest of the United States; and (B) not less than 30 days before the waiver takes effect, submits to the appropriate congressional committees a report on the waiver and the justification for the waiver. (2) Renewal of waiver.--The President may, on a case-by- case basis, renew a waiver under paragraph (1) for additional periods of not more than 180 days if the President-- (A) determines that the renewal of the waiver is in the national security interest of the United States; and (B) not less than 15 days before the waiver expires, submits to the appropriate congressional committees a report on the renewal of the waiver and the justification for the renewal of the waiver. (e) Rule of Construction.--The authority to impose sanctions under subsection (b) or (c) with respect to each government of a foreign country identified pursuant to subparagraph (A) or (B) of subsection (a)(1) is in addition to the authority to impose sanctions under any other provision of law with respect to governments of foreign countries that provide material support to foreign terrorist organizations designated pursuant to section 219 of the Immigration and Nationality Act (8 U.S.C. 1189). (f) Termination.--The President may terminate any sanctions imposed with respect to the government of a foreign country under subsection (b) or (c) if the President determines and notifies the appropriate congressional committees that the government of the foreign country-- (1) is no longer carrying out activities or transactions for which the sanctions were imposed; and (2) has provided assurances to the United States Government that it will not carry out activities or transactions for which sanctions may be imposed under subsection (b) or (c) in the future. (g) Effective Date.--This section shall take effect on the date of the enactment of this Act and apply with respect to activities and transactions described in subparagraph (A) or (B) of subsection (a)(1) that are carried out on or after such date of enactment. SEC. 6. EXEMPTIONS RELATING TO PROVISION OF HUMANITARIAN ASSISTANCE. (a) Sanctions With Respect to Foreign Persons and Agencies and Instrumentalities of Foreign States.--The following activities shall be exempt from sanctions under section 4: (1) The conduct or facilitation of a transaction for the sale of agricultural commodities, food, medicine, or medical devices to a foreign person described in section 4(a)(2). (2) The provision of humanitarian assistance to a foreign person described in section 4(a)(2), including engaging in a financial transaction relating to humanitarian assistance or for humanitarian purposes or transporting goods or services that are necessary to carry out operations relating to humanitarian assistance or humanitarian purposes. (b) Sanctions With Respect to Foreign Governments.--The following activities shall be exempt from sanctions under section 5: (1) The conduct or facilitation of a transaction for the sale of agricultural commodities, food, medicine, or medical devices to Hamas, the Palestinian Islamic Jihad, or any affiliate or successor thereof described in section 5(a)(1). (2) The provision of humanitarian assistance to Hamas, the Palestinian Islamic Jihad, or any affiliate or successor thereof described in section 5(a)(1), including engaging in a financial transaction relating to humanitarian assistance or for humanitarian purposes or transporting goods or services that are necessary to carry out operations relating to humanitarian assistance or humanitarian purposes. SEC. 7. REPORT ON ACTIVITIES OF FOREIGN COUNTRIES TO DISRUPT GLOBAL FUNDRAISING, FINANCING, AND MONEY LAUNDERING ACTIVITIES OF HAMAS, THE PALESTINIAN ISLAMIC JIHAD, OR ANY AFFILIATE OR SUCCESSOR THEREOF. (a) Report.-- (1) In general.--Not later than 180 days after the date of the enactment of this Act, the President shall submit to the appropriate congressional committees a report that includes-- (A) a list of foreign countries that support Hamas, the Palestinian Islamic Jihad, or any affiliate or successor thereof, or in which Hamas maintains important portions of its financial networks; (B) with respect to each foreign country on the list required by subparagraph (A)-- (i) an assessment of whether the government of the country is taking adequate measures to freeze the assets of Hamas, the Palestinian Islamic Jihad, or any affiliate or successor thereof within the territory of the country; and (ii) in the case of a country the government of which is not taking adequate measures to freeze the assets of Hamas-- (I) an assessment of the reasons that government is not taking adequate measures to freeze those assets; and (II) a description of measures being taken by the United States Government to encourage that government to freeze those assets; (C) a list of foreign countries in which Hamas, the Palestinian Islamic Jihad, or any affiliate or successor thereof, conducts significant fundraising, financing, or money laundering activities; (D) with respect to each foreign country on the list required by subparagraph (C)-- (i) an assessment of whether the government of the country is taking adequate measures to disrupt the fundraising, financing, or money laundering activities of Hamas, the Palestinian Islamic Jihad, or any affiliate or successor thereof within the territory of the country; and (ii) in the case of a country the government of which is not taking adequate measures to disrupt those activities-- (I) an assessment of the reasons that government is not taking adequate measures to disrupt those activities; and (II) a description of measures being taken by the United States Government to encourage that government to improve measures to disrupt those activities; and (E) a list of foreign countries from which Hamas, the Palestinian Islamic Jihad, or any affiliate or successor thereof, acquires surveillance equipment, electronic monitoring equipment, or other means to inhibit communication or political expression in Gaza. (2) Form.--The report required by paragraph (1) shall be submitted in unclassified form to the greatest extent possible and may contain a classified annex. (b) Briefing.--Not later than 180 days after the date of the enactment of this Act, and every 180 days thereafter for the following 3 years, the Secretary of State, the Secretary of the Treasury, and the heads of other applicable Federal departments and agencies (or their designees) shall provide to the appropriate congressional committees a briefing on the disposition of the assets and activities of Hamas, the Palestinian Islamic Jihad, or any successor or affiliate thereof related to fundraising, financing, and money laundering worldwide. (c) Definition.--In this section, the term ``appropriate congressional committees'' means-- (1) the Committee on Foreign Relations, the Committee on Banking, Housing, and Urban Affairs, and the Select Committee on Intelligence of the Senate; and (2) the Committee on Foreign Affairs, the Committee on Financial Services, and the Permanent Select Committee on Intelligence of the House of Representatives. SEC. 8. MISCELLANEOUS PROVISIONS. (a) Rule of Construction.--Nothing in this Act shall be construed to apply to the authorized intelligence activities of the United States. (b) Regulatory Authority.--The President shall, not later than 180 days after the date of the enactment of this Act, prescribe regulations as are necessary for the implementation of this Act. (c) Exception Relating to Importation of Goods.-- (1) In general.--The authorities and requirements to impose sanctions authorized under this Act shall not include the authority or requirement to impose sanctions on the importation of goods. (2) Good defined.--In this subsection, the term ``good'' means any article, natural or man-made substance, material, supply or manufactured product, including inspection and test equipment, and excluding technical data. (d) Termination.--This Act shall terminate on the earlier of-- (1) 30 days after the date on which the President certifies to the appropriate congressional committees that Hamas and the Palestinian Islamic Jihad, or any successor or affiliate thereof-- (A) are no longer designated as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act (8 U.S.C. 1189); (B) are no longer subject to sanctions pursuant to-- (i) Executive Order 12947 (50 U.S.C. 1701 note; relating to prohibiting transactions with terrorists who threaten to disrupt the Middle East peace process); and (ii) Executive Order 13224 (50 U.S.C. 1701 note; relating to blocking property and prohibiting transactions with persons who commit, threaten to commit, or support terrorism); and (C) meet the criteria described in paragraphs (1) through (4) of section 9 of the Palestinian Anti- Terrorism Act of 2006 (Public Law 109-446; 22 U.S.C. 2378b note); or (2) 3 years after the date of the enactment of this Act. SEC. 9. DETERMINATION OF BUDGETARY EFFECTS. The budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go Act of 2010 (2 U.S.C. 931 et seq.), shall be determined by reference to the latest statement titled ``Budgetary Effects of PAYGO Legislation'' for this Act, submitted for printing in the Congressional Record by the Chairman of the House Budget Committee, provided that such statement has been submitted prior to the vote on passage. <all>

Palestinian International Terrorism Support Prevention Act of 2021

A bill to impose sanctions with respect to foreign support for Palestinian terrorism, and for other purposes.

Palestinian International Terrorism Support Prevention Act of 2021

Sen. Rubio, Marco

R

FL

H.R.2536

Immigration

Prevention of Anti-Immigrant Violence Act of 2021 This bill provides protections for noncitizens who are victims of certain crimes. The bill expands eligibility for U visas, which are for victims of certain serious crimes or individuals who are likely helpful to law enforcement in persecuting such a crime, to include victims of hate crimes. The bill raises the annual cap on U visas to 12,000 (from 10,000) and designates the additional visas for victims of hate crimes. (Such caps apply only to the primary visa recipient, not to certain family members who may accompany the primary recipient.) A noncitizen with a pending application for certain immigration benefits, such as for a U visa or a T visa (human trafficking victim), may not be removed from the United States. A noncitizen with such a pending application may only be detained if there is clear and convincing evidence that (1) alternatives to detention would not reasonably ensure the noncitizen's appearance at removal proceedings, or (2) the noncitizen is a threat to the community. The Department of Justice may award grants to entities to assist noncitizen victims of hate crimes or to train law enforcement to identify and protect victims of anti-immigrant violence.

To provide relief for victims of hate crimes, advance the safety and well-being of immigrants and refugees, and fund improved law enforcement and prosecution official training. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Prevention of Anti-Immigrant Violence Act of 2021''. SEC. 2. FINDINGS. Congress finds the following: (1) Anti-immigrant violence is on the rise, with the Federal Bureau of Investigation (FBI) reporting an 0.95-percent increase in hate crimes against individuals for 2019 compared to 2018 and an observed shift in crimes against individuals as opposed to property. The FBI data shows that 57.6 percent of hate crimes reported were motivated by race, ethnicity, or ancestry. In addition, the 51 hate crime murders recorded in 2019 are the highest ever reported by the FBI since it began tracking hate crimes in 1991. Since 2014, FBI hate crime statistics have shown an increasing trend in hate crimes, with the highest yearly gains so far reported for 2017 at 17 percent. (2) The vast majority of the reported hate crimes are related to race, ethnicity, or ancestry. According to the Department of Justice's Bureau of Justice Statistics (BJS), Hispanics experience close to double the rate of hate crime victimization that non-Hispanic Whites (1.3 vs 0.7 per 1,000). The 2019 National Crime Victimization Survey (NCVS) data shows that non-U.S. citizens are victimized at a rate of approximately 12.5 victims per 1,000 non-U.S. citizens. (3) BJS has shown a precipitous decline in reporting of hate crimes since 2014, with BJS's NCVS data showing that between 2013 and 2017 more than half of all hate crimes (>100,000) went unreported annually. NCVS 2019 statistics show that after declining by more than 60 percent in the past 21 years, the number of violent crime victims has steadily increased since 2015; and that the rate of unreported violent crimes continues to rise; increasing from 9.5 to 12.9 per 1,000 persons between 2015 and 2018. (4) Many immigrant advocates cite fear of deportation as one of the reasons people are not coming forward to report crimes. The threat of being reported to Immigration and Customs Enforcement (ICE) is used by perpetrators of hate crimes to silence both victims and witnesses and to avoid criminal prosecution. (5) Detention and removal of victims of hate crimes undermine the rule of law and gives perpetrators the means by which to escape prosecution. The deportation of victims and witnesses denies them the ability to see justice served, prevents law enforcement from keeping communities safe, and exacerbates the problems communities face in the rise of anti- immigrant violence. (6) Lack of resources has prevented law enforcement, prosecutors, and victimized communities from learning about available tools for their protection and the prosecution of these crimes. Everyone seeking justice for victims and eager to see a reduction in hate crimes must be afforded the resources to learn and educate the public of these available tools. SEC. 3. EXPANSION OF CRIMINAL ACTIVITY FOR WHICH A U VISA MAY BE ISSUED; ADDITIONAL U VISAS MADE AVAILABLE. (a) Expansion of Criminal Activity.--Section 101(a)(15)(U)(iii) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(U)) is amended by inserting after ``fraud in foreign labor contracting (as defined in section 1351 of title 18, United States Code);'' the following: ``hate crime acts;''. (b) Additional Visas Made Available.--Section 214(p)(2)(A) of the Immigration and Nationality Act (8 U.S.C. 1184(p)(2)(A)) is amended by striking ``10,000'' and inserting ``12,000'', thus designating the additional 2,000 visas for victims of hate crimes. SEC. 4. PROHIBITION OF REMOVAL OF NON-CITIZENS WITH PENDING PETITIONS AND APPLICATIONS. (a) In General.--A non-citizen described in subsection (b) shall not be removed from the United States under section 240 of the Immigration and Nationality Act (8 U.S.C. 1229a) or any other provision of law until there is a final denial of the non-citizen's application for status after the exhaustion of administrative and judicial review. (b) Non-Citizens Described.--A non-citizen is described in this subsection if the non-citizen-- (1) has a pending application under section 101(a)(15)(T), 101(a)(15)(U), 101(a)(27)(J), 106, 240A(b)(2), or 244(a)(3) (as in effect on March 31, 1997) of the Immigration and Nationality Act (8 U.S.C. 1101, 1229a, 1254a); or (2) is a VAWA self-petitioner, as defined in section 101(a)(51) of the Immigration and Nationality Act, with a pending application for relief. SEC. 5. PROHIBITION ON DETENTION OF CERTAIN VICTIMS WITH PENDING PETITIONS AND APPLICATIONS. Section 236 of the Immigration and Nationality Act (8 U.S.C. 1226) is amended by adding at the end the following: ``(a) Prohibition on Detention of Certain Victims With Pending Petitions and Applications.-- ``(1) In general.--Notwithstanding any other provision of this Act, there shall be a presumption that the non-citizen described in paragraph (2) should be released from detention. The Secretary of Homeland Security shall have the duty of rebutting this presumption, which may only be shown based on clear and convincing evidence, including credible and individualized information, that the use of alternatives to detention will not reasonably ensure the appearance of the non- citizen at removal proceedings, or that the non-citizen is a threat to another person or the community. The fact that a non- citizen has a criminal charge pending against the non-citizen may not be the sole factor to justify the continued detention of the non-citizen. ``(2) Non-citizen described.--A non-citizen is described in this paragraph if the non-citizen-- ``(A) has a pending application under section 101(a)(15)(T), 101(a)(15)(U), 101(a)(27)(J), 106, 240A(b)(2), or 244(a)(3) (as in effect on March 31, 1997); or ``(B) is a VAWA self-petitioner, as defined in section 101(a)(51), with a pending application for relief.''. SEC. 6. GRANTS TO IDENTIFY, ASSIST, AND PROTECT VICTIMS OF HATE CRIME VIOLENCE. (a) Definitions.--In this section: (1) Eligible entity.--The term ``eligible entity'' means a State, a local government, or non-governmental organizations. (2) State.--The term ``State'' means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, the United States Virgin Islands, the Commonwealth of the Northern Mariana Islands, American Samoa, and any other territory or possession of the United States. (b) Grants Authorized.--The Attorney General may award grants to eligible entities to assist non-citizen victims of hate crimes and/or provide training to State and local law enforcement personnel or prosecution officials to identify and protect victims of anti-immigrant driven hate crime violence, criminal activities and harms covered by section 101(a)(15)(T), 101(a)(15)(U), 101(a)(27)(J), 106, 240A(b)(2), or 244(a)(3) (as in effect on March 31, 1997); or is a VAWA self- petitioner, as defined in section 101(a)(51), with a pending application for relief. (c) Use of Funds.-- (1) Partnership or collaboration.--An eligible entity receiving a grant under this section shall carry out or possess at least one of the following activities or expertise described in paragraph (2) in partnership or collaboration with-- (A) National, State, local, or Federal law enforcement or prosecution officials dedicated to reducing anti-immigrant hate crimes and which possess personnel who have more than 2-year expertise in and have received U Visa Law Enforcement Certification and/ or T visa declarations training; or (B) National, State, or local non-governmental organizations with more than 2 years expertise in the identification and prosecution of hate crime, dedicated to the reduction of anti-immigrant biased violence or expertise training on and/or assisting non-citizens navigate the process of applying for the U visa and any of the forms of immigration relief listed in section 4(b) of this Act; or (C) a non-governmental organization working in partnership or collaboration with a group in subparagraph (A) or (B). (2) Activities and expertise.--The activities and expertises referred to in paragraph (1) are as follows: (A) To provide funding to community-based, legal or victim services organizations, law enforcement or prosecution programs with a documented history of effective work in identification of hate crimes and anti-immigrant violence, to perform outreach in communities that have experienced an increase in anti- immigrant violence since 2014. (B) To provide funding to community-based, legal or victim services organizations, law enforcement or prosecution programs with a documented history of effective work in the training of law enforcement and/ or prosecution agency personnel to protect victims of crimes who are non-citizens without lawful immigration status, including training such personnel to utilize Federal, State, or local resources to assist such victims and their families. (C) To provide funding to community-based, legal or victim services organizations, law enforcement or prosecution programs with a documented history of effective work in the training of law enforcement or State or local prosecutors to utilize Federal laws that protect such non-citizens and their families. (d) Restrictions.-- (1) Supplement not supplant.--A grant awarded under this section shall be used to supplement and not supplant other Federal, State, and local public funds available to carry out the training described in subsection (c). (2) Administrative expenses.--An eligible entity that receives a grant under this section may use not more than 5 percent of the total amount of such grant for administrative expenses. (3) Nonexclusivity.--Nothing in this section may be construed to restrict the ability of an eligible entity to apply for or obtain funding from any other source to carry out the training described in subsection (c). (e) Authorization of Appropriations.--There are authorized to be appropriated $10,000,000 for each of fiscal years 2022 through 2032 to carry out this section. <all>

Prevention of Anti-Immigrant Violence Act of 2021

To provide relief for victims of hate crimes, advance the safety and well-being of immigrants and refugees, and fund improved law enforcement and prosecution official training.

Prevention of Anti-Immigrant Violence Act of 2021

Rep. Takano, Mark

D

CA

H.R.7994

Armed Forces and National Security

Providing Expanded Representation FOR Military families with Special Needs Act or the PERFORMS Act This bill expands the membership of the Advisory Panel on Community Support for Military Families with Special Needs and provides for more transparency and accessibility of the panel's meetings and progress. Specifically, the bill requires additional representatives to be added to the panel, including a representative from the Defense Health Agency. In addition, the panel must ensure meetings or other proceedings are accessible to the public. Meeting announcements, minutes, representatives' names, and updates must be made available on a publicly accessible website.

To expand and improve the advisory panel on community support for military families with special needs, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Providing Expanded Representation FOR Military families with Special Needs Act'' or the ``PERFORMS Act''. SEC. 2. ADVISORY PANEL ON COMMUNITY SUPPORT FOR MILITARY FAMILIES WITH SPECIAL NEEDS. Section 563(d) of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111-84; 10 U.S.C. 1781c note) is amended-- (1) by amending paragraph (2) to read as follows: ``(2) Members.--The advisory panel shall consist of the following members, appointed by the Secretary of Defense: ``(A) Nine individuals from military families with special needs, with respect to which the Secretary shall ensure that-- ``(i) one individual is the spouse of an enlisted member; ``(ii) one individual is the spouse of an officer in a grade below O-6; ``(iii) one individual is a junior enlisted member; ``(iv) one individual is a junior officer; ``(v) individuals reside in different geographic regions; ``(vi) one individual is a member serving at a remote installation or is a member of the family of such a member; and ``(vii) at least two individuals are members serving on active duty, each with a dependent who-- ``(I) is enrolled in the Exceptional Family Member Program; and ``(II) has an individualized education program. ``(B) One representative of the Defense Health Agency. ``(C) One representative of the Department of Defense Education Activity. ``(D) One representative of the Office of Special Needs of the Department of Defense. ``(E) One or more representatives of advocacy groups with missions relating to the Exceptional Family Member Program of the Department of Defense. ``(F) One or more adult dependents enrolled in the Exceptional Family Member Program of the Department of Defense.''; and (2) by adding at the end the following new paragraph: ``(5) Transparency and accessibility.--The advisory panel shall-- ``(A) provide advice that is relevant, objective, and transparent; ``(B) ensure that any meetings or other proceedings of the advisory panel are accessible to the public; and ``(C) make available on a publicly accessible website-- ``(i) meeting announcements; ``(ii) minutes of meetings; ``(iii) the names of council representatives; and ``(iv) regular updates on the progress of the panel in fulfilling the duties specified in paragraph (3).''. <all>

PERFORMS Act

To expand and improve the advisory panel on community support for military families with special needs, and for other purposes.

PERFORMS Act Providing Expanded Representation FOR Military families with Special Needs Act

Rep. Wilson, Joe

R

SC

H.R.7548

Transportation and Public Works

Securing Americans from Transportation Insanity Act This bill prohibits the Transportation Security Administration (TSA) from modifying Standard Operating Procedures to remove biologically determined sex-based screening procedures from security screening, including by (1) updating the TSA PreCheck program to include an 'X' gender marker option, (2) promoting the use and acceptance of the 'X' gender marker, and (3) requiring U.S. Customs and Border Protection to use gender-neutral language and an individual's self-identified pronouns or name.

To prohibit the Transportation Security Administration from modifying Standard Operating Procedures to remove biologically determined sex- based screening procedures from security screening, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Securing Americans from Transportation Insanity Act''. SEC. 2. PROHIBITION. No Federal funds may be obligated or expended by or for the Transportation Security Administration to modify Standard Operating Procedures (SOP) to remove biologically determined sex-based screening procedures from security screening, including-- (1) updating the TSA PreCheck program to include an ``X'' gender marker option; (2) replacing biologically determined sex-based screening Advanced Imaging Technology (AIT) screening with gender-neutral AIT screening; (3) promoting the use and acceptance of the ``X'' gender marker; (4) updating airport security checkpoint SOP to remove biologically determined sex and sex-based considerations when validating a traveler's identification at such checkpoints; (5) requiring U.S. Customs and Border Protection to use gender-neutral language and an individual's self-identified pronouns or name; or (6) updating the Trusted Traveler Programs application form to add an ``X'' gender marker option. <all>

Securing Americans from Transportation Insanity Act

To prohibit the Transportation Security Administration from modifying Standard Operating Procedures to remove biologically determined sex-based screening procedures from security screening, and for other purposes.

Securing Americans from Transportation Insanity Act

Rep. Boebert, Lauren

R

CO

H.R.5226

Crime and Law Enforcement

Preventing Vigilante Stalking that Stops Women's Access to Healthcare and Abortion Rights Act of 2021 This bill increases the maximum prison term for a domestic violence or stalking offense, if the offense is committed with the intent to obtain health care information of an individual or to prevent the health care decisions of an individual.

To amend title 18, United States Code, to enhance criminal penalties for health related stalking, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Preventing Vigilante Stalking that Stops Women's Access to Healthcare and Abortion Rights Act of 2021''. SEC. 2. OBTAINING OR INTERFERING WITH THE PERSONAL HEALTHCARE DECISIONS OF A WOMAN. (a) In General.--Chapter 110A of title 18, United States Code, is amended by inserting after section 2261B the following: ``Sec. 2261C. Enhanced penalty for health related stalking ``If a person commits an offense under section 2261 or 2261A with the intent to obtain healthcare information of an individual or to prevent the healthcare decisions of an individual, the person may be imprisoned for up to 3 years, in addition to any term of imprisonment imposed for that offense under section 2261 or section 2261A, respectively.''. (b) Clerical Amendment.--The table of sections for chapter 110A of title 18, United States Code, is amended by inserting after the item relating to section 2261B the following: ``2261C. Enhanced penalty for health related stalking.''. <all>

Preventing Vigilante Stalking that Stops Women’s Access to Healthcare and Abortion Rights Act of 2021

To amend title 18, United States Code, to enhance criminal penalties for health related stalking, and for other purposes.

Preventing Vigilante Stalking that Stops Women’s Access to Healthcare and Abortion Rights Act of 2021

Rep. Jackson Lee, Sheila

D

TX

S.2118

Taxation

Clean Energy for America Act This bill provides for tax incentives for investments in clean electricity, clean transportation, energy efficiency, and the termination of certain provisions relating to oil, gas, and other fossil fuels. Among other provisions, the bill

To amend the Internal Revenue Code of 1986 to provide tax incentives for increased investment in clean energy, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE; ETC. (a) Short Title.--This Act may be cited as the ``Clean Energy for America Act''. (b) Amendment of 1986 Code.--Except as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Internal Revenue Code of 1986. (c) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; etc. TITLE I--INCENTIVES FOR CLEAN ELECTRICITY Sec. 101. Clean electricity production credit. Sec. 102. Clean electricity investment credit. Sec. 103. Extensions, modifications, and terminations of various energy provisions. TITLE II--INCENTIVES FOR CLEAN TRANSPORTATION Sec. 201. Clean fuel production credit. Sec. 202. Transportation electrification. Sec. 203. Credit for production of clean hydrogen. Sec. 204. Temporary extensions of existing fuel incentives. TITLE III--INCENTIVES FOR ENERGY EFFICIENCY Sec. 301. Credit for new energy efficient residential buildings. Sec. 302. Energy efficient home improvement credit. Sec. 303. Enhancement of energy efficient commercial buildings deduction. Sec. 304. Enhancement of energy credit for geothermal heat pumps. TITLE IV--TERMINATION OF CERTAIN FOSSIL FUEL PROVISIONS Sec. 401. Termination of provisions relating to oil, gas, and other materials. Sec. 402. Modification of certain provisions relating to oil, gas, and other fossil fuels. TITLE V--WORKFORCE DEVELOPMENT REQUIREMENTS Sec. 501. Use of qualified apprentices. TITLE VI--MISCELLANEOUS Sec. 601. Adjustment of qualifying advanced energy project credit. Sec. 602. Issuance of exempt facility bonds for qualified carbon dioxide capture facilities. Sec. 603. Limitation on importation of certain energy equipment and components. Sec. 604. Elimination of negative effects on small businesses and certain individual taxpayers. TITLE I--INCENTIVES FOR CLEAN ELECTRICITY SEC. 101. CLEAN ELECTRICITY PRODUCTION CREDIT. (a) In General.--Subpart D of part IV of subchapter A of chapter 1 is amended by adding at the end the following new section: ``SEC. 45U. CLEAN ELECTRICITY PRODUCTION CREDIT. ``(a) Amount of Credit.--For purposes of section 38, the clean electricity production credit for any taxable year is an amount equal to the product of-- ``(1) subject to subsection (g)(7), 1.5 cents, multiplied by ``(2) the kilowatt hours of electricity-- ``(A) produced by the taxpayer at a qualified facility, and ``(B)(i) sold by the taxpayer to an unrelated person during the taxable year, or ``(ii) in the case of a qualified facility which is equipped with a metering device which is owned and operated by an unrelated person, sold, consumed, or stored by the taxpayer during the taxable year. ``(b) Qualified Facility.-- ``(1) In general.-- ``(A) Definition.--Subject to subparagraphs (B), (C), and (D), the term `qualified facility' means a facility owned by the taxpayer-- ``(i) which is used for the generation of electricity, ``(ii) which is originally placed in service after December 31, 2022, ``(iii) for which the greenhouse gas emissions rate (as determined under paragraph (2)) is not greater than zero, and ``(iv) in the case of any facility with a maximum net output equal to or greater than 1 megawatt, which-- ``(I) subject to subparagraph (B) of paragraph (3), satisfies the requirements under subparagraph (A) of such paragraph, and ``(II) with respect to the construction of such facility, satisfies the requirements under section 501 of the Clean Energy for America Act. ``(B) 10-year production credit.--For purposes of this section, a facility shall only be treated as a qualified facility during the 10-year period beginning on the date the facility was originally placed in service. ``(C) Expansion of facility; incremental production.--The term `qualified facility' shall include either of the following in connection with a facility described in subparagraph (A) (without regard to clause (ii) of such subparagraph) that was placed in service before January 1, 2023, but only to the extent of the increased amount of electricity produced at the facility by reason of the following: ``(i) A new unit placed in service after December 31, 2022. ``(ii) Any efficiency improvements or additions of capacity placed in service after December 31, 2022. ``(D) Coordination with other credits.--The term `qualified facility' shall not include any facility for which a credit determined under section 45, 45J, 45Q, 48, or 48D is allowed under section 38 for the taxable year or any prior taxable year. ``(2) Greenhouse gas emissions rate.-- ``(A) In general.--For purposes of this section, the term `greenhouse gas emissions rate' means the amount of greenhouse gases emitted into the atmosphere by a facility in the production of electricity, expressed as grams of CO<INF>2</INF>e per KWh. ``(B) Fuel combustion and gasification.--In the case of a facility which produces electricity through combustion or gasification, the greenhouse gas emissions rate for such facility shall be equal to the net rate of greenhouse gases emitted into the atmosphere by such facility (taking into account lifecycle greenhouse gas emissions, as described in section 211(o)(1)(H) of the Clean Air Act (42 U.S.C. 7545(o)(1)(H))) in the production of electricity, expressed as grams of CO<INF>2</INF>e per KWh. ``(C) Establishment of emissions rates for facilities.-- ``(i) In general.--The Secretary and the Administrator of the Environmental Protection Agency shall establish greenhouse gas emissions rates for types or categories of facilities, which a taxpayer shall use for purposes of this section. ``(ii) Publishing emissions rates.--The Secretary shall annually publish a table that sets forth the greenhouse gas emissions rates for similar types or categories of facilities. ``(iii) Provisional emissions rate.-- ``(I) In general.--In the case of any facility for which an emissions rate has not been established by the Secretary and the Administrator of the Environmental Protection Agency, a taxpayer which owns such facility may file a petition with the Secretary and the Administrator of the Environmental Protection Agency for determination of the emissions rate with respect to such facility. ``(II) Establishment of provisional and final emissions rate.--In the case of a facility for which a petition described in subclause (I) has been filed, the Secretary and the Administrator of the Environmental Protection Agency shall-- ``(aa) not later than 12 months after the date on which the petition was filed, provide a provisional emissions rate for such facility which a taxpayer shall use for purposes of this section, and ``(bb) not later than 24 months after the date on which the petition was filed, establish the emissions rate for such facility. ``(D) Carbon capture and sequestration equipment.-- For purposes of this subsection, the amount of greenhouse gases emitted into the atmosphere by a facility in the production of electricity shall not include any qualified carbon dioxide that is captured by the taxpayer and-- ``(i) pursuant to any regulations established under paragraph (2) of section 45Q(f), disposed of by the taxpayer in secure geological storage, or ``(ii) utilized by the taxpayer in a manner described in paragraph (5) of such section. ``(3) Wage requirements.-- ``(A) In general.--The requirements described in this subparagraph with respect to any facility are that the taxpayer shall ensure that any laborers and mechanics employed by contractors and subcontractors in-- ``(i) the construction of such facility, or ``(ii) for any year during the period described in paragraph (1)(B), the alteration or repair of such facility, shall be paid wages at rates not less than the prevailing rates for construction, alteration, or repair of a similar character in the locality as determined by the Secretary of Labor, in accordance with subchapter IV of chapter 31 of title 40, United States Code. ``(B) Failure to satisfy wage requirements.-- ``(i) In general.--In the case of any taxpayer which fails to satisfy the requirement under subparagraph (A) with respect to any facility for any year during the period described in paragraph (1)(B), the amount of the credit which would (but for this subparagraph) be allowable under this section with respect to such facility for such year shall be reduced to zero. ``(ii) Correction and penalty.--Clause (i) shall not apply with respect to any failure by the taxpayer to satisfy the requirement under subparagraph (A) with respect to any facility for any year if, with respect to any laborer or mechanic who was paid wages at a rate below the rate described in such subparagraph for any period during such year, such taxpayer-- ``(I) makes payment to such laborer or mechanic in an amount equal to the sum of-- ``(aa) an amount equal to the difference between-- ``(AA) the amount of wages paid to such laborer or mechanic during such period, and ``(BB) the amount of wages required to be paid to such laborer or mechanic pursuant to such subparagraph during such period, plus ``(bb) interest on the amount determined under item (aa) at the underpayment rate established under section 6621 for the period described in such item, and ``(II) makes payment to the Secretary of a penalty in an amount equal to the product of-- ``(aa) $5,000, multiplied by ``(bb) the total number of laborers and mechanics who were paid wages at a rate below the rate described in subparagraph (A) for any period during such year. ``(c) Inflation Adjustment.-- ``(1) In general.--In the case of a calendar year beginning after 2021, the 1.5 cent amount in paragraph (1) of subsection (a) shall be adjusted by multiplying such amount by the inflation adjustment factor for the calendar year in which the sale or use of the electricity occurs. If any amount as increased under the preceding sentence is not a multiple of 0.1 cent, such amount shall be rounded to the nearest multiple of 0.1 cent. ``(2) Annual computation.--The Secretary shall, not later than April 1 of each calendar year, determine and publish in the Federal Register the inflation adjustment factor for such calendar year in accordance with this subsection. ``(3) Inflation adjustment factor.--The term `inflation adjustment factor' means, with respect to a calendar year, a fraction the numerator of which is the GDP implicit price deflator for the preceding calendar year and the denominator of which is the GDP implicit price deflator for the calendar year 1992. The term `GDP implicit price deflator' means the most recent revision of the implicit price deflator for the gross domestic product as computed and published by the Department of Commerce before March 15 of the calendar year. ``(d) Credit Phase-Out.-- ``(1) In general.--If the Secretary, the Secretary of Energy, and the Administrator of the Environmental Protection Agency determine that the annual greenhouse gas emissions from the production of electricity in the United States are equal to or less than 25 percent of the annual greenhouse gas emissions from the production of electricity in the United States for calendar year 2021, the amount of the clean electricity production credit under subsection (a) for any qualified facility the construction of which begins during a calendar year described in paragraph (2) shall be equal to the product of-- ``(A) the amount of the credit determined under subsection (a) without regard to this subsection, multiplied by ``(B) the phase-out percentage under paragraph (2). ``(2) Phase-out percentage.--The phase-out percentage under this paragraph is equal to-- ``(A) for a facility the construction of which begins during the first calendar year following the calendar year in which the determination described in paragraph (1) is made, 100 percent, ``(B) for a facility the construction of which begins during the second calendar year following such determination year, 75 percent, ``(C) for a facility the construction of which begins during the third calendar year following such determination year, 50 percent, and ``(D) for a facility the construction of which begins during any calendar year subsequent to the year described in subparagraph (C), 0 percent. ``(e) Definitions.--For purposes of this section: ``(1) CO<INF>2</INF>e per KWh.--The term `CO<INF>2</INF>e per KWh' means, with respect to any greenhouse gas, the equivalent carbon dioxide (as determined based on global warming potential) per kilowatt hour of electricity produced. ``(2) Greenhouse gas.--The term `greenhouse gas' has the same meaning given such term under section 211(o)(1)(G) of the Clean Air Act (42 U.S.C. 7545(o)(1)(G)), as in effect on the date of the enactment of this section. ``(3) Qualified carbon dioxide.--The term `qualified carbon dioxide' means carbon dioxide captured from an industrial source which-- ``(A) would otherwise be released into the atmosphere as industrial emission of greenhouse gas, ``(B) is measured at the source of capture and verified at the point of disposal or utilization, and ``(C) is captured and disposed or utilized within the United States (within the meaning of section 638(1)) or a possession of the United States (within the meaning of section 638(2)). ``(f) Final Guidance.--Not later than January 1, 2023, the Secretary and the Administrator of the Environmental Protection Agency shall issue final guidance regarding implementation of this section, including calculation of greenhouse gas emission rates for qualified facilities and determination of clean electricity production credits under this section. ``(g) Special Rules.-- ``(1) Only production in the united states taken into account.--Consumption or sales shall be taken into account under this section only with respect to electricity the production of which is within-- ``(A) the United States (within the meaning of section 638(1)), or ``(B) a possession of the United States (within the meaning of section 638(2)). ``(2) Combined heat and power system property.-- ``(A) In general.--For purposes of subsection (a)-- ``(i) the kilowatt hours of electricity produced by a taxpayer at a qualified facility shall include any production in the form of useful thermal energy by any combined heat and power system property within such facility, and ``(ii) the amount of greenhouse gases emitted into the atmosphere by such facility in the production of such useful thermal energy shall be included for purposes of determining the greenhouse gas emissions rate for such facility. ``(B) Combined heat and power system property.--For purposes of this paragraph, the term `combined heat and power system property' has the same meaning given such term by section 48(c)(3) (without regard to subparagraphs (A)(iv), (B), and (D) thereof). ``(C) Conversion from btu to kwh.-- ``(i) In general.--For purposes of subparagraph (A)(i), the amount of kilowatt hours of electricity produced in the form of useful thermal energy shall be equal to the quotient of-- ``(I) the total useful thermal energy produced by the combined heat and power system property within the qualified facility, divided by ``(II) the heat rate for such facility. ``(ii) Heat rate.--For purposes of this subparagraph, the term `heat rate' means the amount of energy used by the qualified facility to generate 1 kilowatt hour of electricity, expressed as British thermal units per net kilowatt hour generated. ``(3) Production attributable to the taxpayer.--In the case of a qualified facility in which more than 1 person has an ownership interest, except to the extent provided in regulations prescribed by the Secretary, production from the facility shall be allocated among such persons in proportion to their respective ownership interests in the gross sales from such facility. ``(4) Related persons.--Persons shall be treated as related to each other if such persons would be treated as a single employer under the regulations prescribed under section 52(b). In the case of a corporation which is a member of an affiliated group of corporations filing a consolidated return, such corporation shall be treated as selling electricity to an unrelated person if such electricity is sold to such a person by another member of such group. ``(5) Pass-thru in the case of estates and trusts.--Under regulations prescribed by the Secretary, rules similar to the rules of subsection (d) of section 52 shall apply. ``(6) Allocation of credit to patrons of agricultural cooperative.-- ``(A) Election to allocate.-- ``(i) In general.--In the case of an eligible cooperative organization, any portion of the credit determined under subsection (a) for the taxable year may, at the election of the organization, be apportioned among patrons of the organization on the basis of the amount of business done by the patrons during the taxable year. ``(ii) Form and effect of election.--An election under clause (i) for any taxable year shall be made on a timely filed return for such year. Such election, once made, shall be irrevocable for such taxable year. Such election shall not take effect unless the organization designates the apportionment as such in a written notice mailed to its patrons during the payment period described in section 1382(d). ``(B) Treatment of organizations and patrons.--The amount of the credit apportioned to any patrons under subparagraph (A)-- ``(i) shall not be included in the amount determined under subsection (a) with respect to the organization for the taxable year, and ``(ii) shall be included in the amount determined under subsection (a) for the first taxable year of each patron ending on or after the last day of the payment period (as defined in section 1382(d)) for the taxable year of the organization or, if earlier, for the taxable year of each patron ending on or after the date on which the patron receives notice from the cooperative of the apportionment. ``(C) Special rules for decrease in credits for taxable year.--If the amount of the credit of a cooperative organization determined under subsection (a) for a taxable year is less than the amount of such credit shown on the return of the cooperative organization for such year, an amount equal to the excess of-- ``(i) such reduction, over ``(ii) the amount not apportioned to such patrons under subparagraph (A) for the taxable year, shall be treated as an increase in tax imposed by this chapter on the organization. Such increase shall not be treated as tax imposed by this chapter for purposes of determining the amount of any credit under this chapter. ``(D) Eligible cooperative defined.--For purposes of this section, the term `eligible cooperative' means a cooperative organization described in section 1381(a) which is owned more than 50 percent by agricultural producers or by entities owned by agricultural producers. For this purpose an entity owned by an agricultural producer is one that is more than 50 percent owned by agricultural producers. ``(7) Increase in credit in certain cases.-- ``(A) Nascent clean energy technology.-- ``(i) In general.--In the case of any qualified facility which generates electricity using a nascent clean energy technology, for purposes of determining the amount of the credit under subsection (a) with respect to any electricity produced by the taxpayer at such facility using such technology during the taxable year, the amount under paragraph (1) of such subsection shall be increased by an amount equal to 10 percent of the amount otherwise in effect under such paragraph (without application of subparagraph (B) or (C)). ``(ii) Definition.--For purposes of this subparagraph, the term `nascent clean energy technology' means any technology or method used for the production of electricity which, in the calendar year preceding the calendar year in which construction of the qualified facility began, achieved a market penetration level of less than 3 percent. ``(iii) Market penetration level.--For purposes of this subparagraph, the term `market penetration level' means, with respect to any calendar year, the amount equal to the greater of-- ``(I) the amount (expressed as a percentage) equal to the quotient of-- ``(aa) the sum of all electricity produced (expressed in terawatt hours) from the technology or method used for the production of electricity by all electricity generating facilities in the United States during such calendar year (as determined by the Secretary on the basis of data reported by the Energy Information Administration), divided by ``(bb) the total domestic power sector electricity production (expressed in terawatt hours) for such calendar year, or ``(II) the amount determined under this clause for the preceding calendar year with respect to such technology or method. ``(B) Energy communities.-- ``(i) In general.--In the case of any qualified facility which is located in an energy community, for purposes of determining the amount of the credit under subsection (a) with respect to any electricity produced by the taxpayer at such facility during the taxable year, the amount under paragraph (1) of such subsection shall be increased by an amount equal to 10 percent of the amount otherwise in effect under such paragraph (without application of subparagraph (A) or (C)). ``(ii) Energy community.--For purposes of this subparagraph, the term `energy community' means a census tract-- ``(I) in which-- ``(aa) for the calendar year in which construction of the qualified facility began-- ``(AA) not less than 5 percent of the employment in such tract is within the oil and gas sector, or ``(BB) an industrial facility is located which is mandated to report emissions of greenhouse gases under the Greenhouse Gas Reporting Program established under part 98 of title 40, Code of Federal Regulations, ``(bb) after December 31, 1999, a coal mine has closed, or ``(cc) after December 31, 2009, a coal-fired electric generating unit has been retired, or ``(II) which is immediately adjacent to any census tract described in subclause (I). ``(C) Domestic content.-- ``(i) In general.--In the case of any qualified facility which satisfies the requirement under clause (ii)(I), for purposes of determining the amount of the credit under subsection (a) with respect to any electricity produced by the taxpayer at such facility during the taxable year, the amount under paragraph (1) of such subsection shall be increased by an amount equal to 10 percent of the amount otherwise in effect under such paragraph (without application of subparagraph (A) or (B)). ``(ii) Requirement.-- ``(I) In general.--Subject to clause (iii), the requirement described in this subclause with respect to any qualified facility is that, prior to the end of the taxable year in which such facility is placed in service, the taxpayer shall certify to the Secretary that, any steel, iron, or manufactured product used in the construction of such facility was produced in the United States. ``(II) Steel and iron.--In the case of steel or iron, subclause (I) shall be applied in a manner consistent with section 661.5(b) of title 49, Code of Federal Regulations. ``(III) Manufactured product.--For purposes of subclause (I), a manufactured product shall be deemed to have been manufactured in the United States if not less than 55 percent of the total cost of the components of such product is attributable to components which are mined, produced, or manufactured in the United States. ``(iii) International agreements.--This subparagraph shall be applied in a manner which is consistent with the obligations of the United States under international agreements. ``(8) Credit reduced for grants, tax-exempt bonds, subsidized energy financing, and other credits.--Rules similar to the rules under section 45(b)(3) shall apply for purposes of this section. ``(h) Election for Direct Payment.-- ``(1) In general.--The applicable percentage of the amount of any credit determined under subsection (a) with respect to any qualified facility for any taxable year during the period described in subsection (b)(1)(B) shall, at the election of the taxpayer, be treated as a payment equal to such amount which is made by the taxpayer against the tax imposed by chapter 1 for such taxable year. ``(2) Form and effect of election.-- ``(A) In general.--An election under paragraph (1) shall be made prior to the date on which the qualified facility is placed in service and in such manner as the Secretary may prescribe. Such election, once made, shall-- ``(i) be irrevocable with respect to such qualified facility for the period described in subsection (b)(1)(B), and ``(ii) for any taxable year during such period, reduce the amount of the credit which would (but for this subsection) be allowable under this section with respect to such qualified facility for such taxable year to zero. ``(B) Additional information.--For purposes of an election under paragraph (1), the Secretary may require such information as the Secretary deems necessary for purposes of preventing duplication, fraud, or any improper payments under this subsection. ``(3) Application to partnerships and s corporations.--In the case of a partnership or S corporation which makes an election under paragraph (1)-- ``(A) such paragraph shall apply with respect to such partnership or corporation without regard to the fact that no tax is imposed by chapter 1 on such partnership or corporation, and ``(B)(i) in the case of a partnership, each partner's distributive share of the credit determined under subsection (a) with respect to the qualified facility shall be deemed to be zero, and ``(ii) in the case of a S corporation, each shareholder's pro rata share of the credit determined under subsection (a) with respect to the qualified facility shall be deemed to be zero. ``(4) Certain entities treated as taxpayers.--In the case of an election under this subsection-- ``(A) any State utility with a service obligation, as such terms are defined in section 217 of the Federal Power Act (as in effect on the date of the enactment of this subsection), ``(B) any mutual or cooperative electric company described in section 501(c)(12) or section 1381(a)(2)(C), or ``(C) an Indian tribal government (as defined in section 139E(c)(1)), shall be treated as a taxpayer for purposes of this subsection and determining the amount of any credit under subsection (a). ``(5) Excess payment.-- ``(A) In general.--In the case of any payment made to a taxpayer under this subsection which the Secretary determines constitutes an excessive payment, the tax imposed on such taxpayer by chapter 1 for the taxable year in which such determination is made shall be increased by an amount equal to the sum of-- ``(i) the amount of the excessive payment, plus ``(ii) an amount equal to 20 percent of the excessive payment. ``(B) Reasonable cause.--Subparagraph (A)(ii) shall not apply if the taxpayer demonstrates to the satisfaction of the Secretary that the excessive payment resulted from reasonable cause. ``(C) Definition.--For purposes of this paragraph, the term `excessive payment' means, with respect to a qualified facility for any taxable year, an amount equal to the excess of-- ``(i) the amount of the payment made to the taxpayer under this subsection with respect to such facility for such taxable year, over ``(ii) the amount of the credit which (without application of this subsection) is otherwise allowable under this section with respect to such facility for such taxable year. ``(6) Applicable percentage.--For purposes of paragraph (1)-- ``(A) In general.--In the case of any qualified facility which satisfies the requirements under subsection (g)(7)(C)(ii) with respect to the construction of such facility, the applicable percentage shall be 100 percent. ``(B) Phased domestic content requirement.--Subject to subparagraph (C), in the case of any qualified facility which fails to satisfy the requirements under such subsection with respect to the construction of such facility, the applicable percentage shall be-- ``(i) if construction of such facility began before January 1, 2024, 100 percent, ``(ii) if construction of such facility began in calendar year 2024, 90 percent, ``(iii) if construction of such facility began in calendar year 2025, 85 percent, and ``(iv) if construction of such facility began after December 31, 2025, 0 percent. ``(C) Exception.--If the Secretary determines that, for purposes of application of the requirements under subsection (g)(7)(C)(ii) with respect to the construction of the qualified facility-- ``(i) their application would be inconsistent with the public interest, ``(ii) such materials and products are not produced in the United States in sufficient and reasonably available quantities and of a satisfactory quality, or ``(iii) inclusion of domestic material will increase the cost of the construction of the qualified facility by more than 25 percent, the applicable percentage shall be 100 percent.''. (b) Conforming Amendments.-- (1) Section 38(b) is amended-- (A) in paragraph (32), by striking ``plus'' at the end, (B) in paragraph (33), by striking the period at the end and inserting ``, plus'', and (C) by adding at the end the following new paragraph: ``(34) the clean electricity production credit determined under section 45U(a).''. (2) The table of sections for subpart D of part IV of subchapter A of chapter 1 is amended by adding at the end the following new item: ``Sec. 45U. Clean electricity production credit.''. (c) Effective Date.--The amendments made by this section shall apply to facilities placed in service after December 31, 2022. SEC. 102. CLEAN ELECTRICITY INVESTMENT CREDIT. (a) Business Credit.-- (1) In general.--Subpart E of part IV of subchapter A of chapter 1 is amended by inserting after section 48C the following new section: ``SEC. 48D. CLEAN ELECTRICITY INVESTMENT CREDIT. ``(a) Investment Credit for Qualified Property.-- ``(1) In general.--For purposes of section 46, the clean electricity investment credit for any taxable year is-- ``(A) except as provided in subparagraph (B), an amount equal to 30 percent of the qualified investment for such taxable year with respect to-- ``(i) any qualified facility, and ``(ii) any grid improvement property, and ``(B) in the case of a qualified facility which is a microgrid, an amount equal to the product of-- ``(i) 30 percent of the qualified investment for such taxable year with respect to such microgrid, and ``(ii) the relative avoided emissions rate with respect to such microgrid (as determined under subsection (b)(3)(C)(iv)). ``(2) Increase in credit rate in certain cases.-- ``(A) Disadvantaged and energy communities.-- ``(i) In general.--In the case of-- ``(I) any energy storage property or any qualified investment with respect to a qualified facility (with the exception of any such facility described in section 45U(b)(2)(B))-- ``(aa) which is placed in service within a disadvantaged community or an energy community (as defined in section 45U(g)(7)(B)(ii)), and ``(bb) has a maximum net output of less than 5 megawatts, or ``(II) any qualified property which is not described in subclause (I) and is placed in service within an energy community, for purposes applying paragraph (1) with respect to such property or investment, the percentage under subparagraph (A) of such paragraph (or, in the case of a microgrid, subparagraph (B)(i) of such paragraph), shall be increased by 10 percentage points. ``(ii) Disadvantaged community.--For purposes of this subparagraph, the term `disadvantaged community' has the same meaning given the term `low-income community' in section 45D(e)(1), as applied by substituting `60 percent' for `80 percent' each place it appears in subparagraph (B) thereof. ``(B) Nascent clean energy technology.--In the case of any qualified facility which generates electricity using a nascent clean energy technology (as defined in section 45U(g)(7)(A)(ii)), for purposes applying paragraph (1) with respect to any qualified investment with respect to such facility, the percentage under subparagraph (A) of such paragraph (or, in the case of a microgrid, subparagraph (B)(i) of such paragraph), shall be increased by 10 percentage points. ``(C) Domestic content.-- ``(i) In general.--In the case of any qualified investment with respect to a qualified facility or with respect to grid improvement property which satisfies the requirement under clause (ii)(I), for purposes of applying paragraph (1) with respect to such qualified investment, the percentage under subparagraph (A) of such paragraph (or, in the case of a qualified investment with respect to a microgrid, subparagraph (B)(i) of such paragraph), shall be increased by 10 percentage points. ``(ii) Requirements.-- ``(I) In general.--The requirement described in this subclause with respect to any qualified investment with respect to a qualified facility or with respect to grid improvement property is satisfied if the taxpayer certifies to the Secretary that-- ``(aa) in the case of a qualified investment with respect to a qualified facility, any property used at such facility is composed of steel, iron, or manufactured products which were produced in the United States, and ``(bb) in the case of a qualified investment with respect to any grid improvement property, such property is composed of steel, iron, or manufactured products which were produced in the United States. ``(II) Steel and iron.--In the case of steel or iron, subclause (I) shall be applied in a manner consistent with section 661.5(b) of title 49, Code of Federal Regulations. ``(III) Manufactured product.--For purposes of subclause (I), a manufactured product shall be deemed to have been manufactured in the United States if not less than 55 percent of the total cost of the components of such product is attributable to components which are mined, produced, or manufactured in the United States. ``(iii) International agreements.--This subparagraph shall be applied in a manner which is consistent with the obligations of the United States under international agreements. ``(D) Maximum credit rate.--Notwithstanding any adjustment or increase pursuant to this paragraph, the percentage under subparagraph (A) or (B)(i) of paragraph (1) shall not exceed 50 percent. ``(b) Qualified Investment With Respect to Any Qualified Facility.-- ``(1) In general.--For purposes of subsection (a), the qualified investment with respect to any qualified facility for any taxable year is the sum of-- ``(A) the basis of any qualified property placed in service by the taxpayer during such taxable year which is part of a qualified facility, plus ``(B) the amount of any expenditures which are-- ``(i) paid or incurred by the taxpayer for qualified interconnection property-- ``(I) in connection with a qualified facility which has a maximum net output of not greater than 5 megawatts, and ``(II) placed in service during the taxable year of the taxpayer, and ``(ii) properly chargeable to capital account of the taxpayer. ``(2) Qualified property.--The term `qualified property' means property-- ``(A) which is-- ``(i) tangible personal property, or ``(ii) other tangible property (not including a building or its structural components), but only if such property is used as an integral part of the qualified facility, ``(B) with respect to which depreciation (or amortization in lieu of depreciation) is allowable, and ``(C)(i) the construction, reconstruction, or erection of which is completed by the taxpayer, or ``(ii) which is acquired by the taxpayer if the original use of such property commences with the taxpayer. ``(3) Qualified facility.-- ``(A) In general.--For purposes of this section, the term `qualified facility' means a facility-- ``(i) which is used for the generation of electricity, ``(ii) which is originally placed in service after December 31, 2022, ``(iii) for which the anticipated greenhouse gas emissions rate (as determined under subparagraph (B)(ii)) is not greater than zero, and ``(iv) in the case of any facility with a maximum net output equal to or greater than 1 megawatt, which-- ``(I) satisfies the requirements of subparagraph (B)(iii), and ``(II) with respect to the construction of such facility, satisfies the requirements under section 501 of the Clean Energy for America Act. ``(B) Additional rules.-- ``(i) Expansion of facility; incremental production.--Rules similar to the rules of section 45U(b)(1)(C) shall apply for purposes of this paragraph. ``(ii) Greenhouse gas emissions rate.-- Rules similar to the rules of section 45U(b)(2) shall apply for purposes of this paragraph. ``(iii) Wage requirements.-- ``(I) In general.--The requirements described in this subclause with respect to any facility are that the taxpayer shall ensure that any laborers and mechanics employed by contractors and subcontractors in-- ``(aa) the construction of such facility, or ``(bb) for any year during the 5-year period beginning on the date the facility is originally placed in service, the alteration or repair of such facility, shall be paid wages at rates not less than the prevailing rates for construction, alteration, or repair of a similar character in the locality as determined by the Secretary of Labor, in accordance with subchapter IV of chapter 31 of title 40, United States Code. ``(II) Correction and penalty related to failure to satisfy wage requirements.--For purposes of section 50(a), a taxpayer shall not be treated as failing to satisfy the requirements of this clause if such taxpayer meets requirements similar to the requirements of section 45U(b)(3)(B)(ii). ``(C) Microgrids.-- ``(i) In general.--For purposes of this section, the term `qualified facility' shall include any microgrid which satisfies the requirements under clauses (i), (ii), and (iv) of subparagraph (A). ``(ii) Microgrid.--For purposes of this section, the term `microgrid' means an interconnected system of distributed energy resources used for the generation of electricity which-- ``(I) is contained within a clearly defined electrical boundary and has the ability to operate as a single and controllable entity, ``(II) has the ability to be managed and isolated from the applicable grid region in order to withstand larger disturbances and maintain the supply of electricity to connected infrastructure, and ``(III) has a maximum net output of not greater than 20 megawatts. ``(iii) Applicable grid region.--For purposes of this subparagraph, the term `applicable grid region' means a set of power plants and transmission lines which are-- ``(I) under the control of a single grid operator, and ``(II) interconnected to the microgrid. ``(iv) Relative avoided emissions rate.-- ``(I) In general.--For purposes of subsection (a)(1)(B)(ii), the relative avoided emissions rate shall be the amount equal to the quotient of-- ``(aa) the amount equal to the non-baseload output emissions rate for the applicable grid region minus the greenhouse gas emissions rate for the microgrid, divided by ``(bb) the non-baseload output emissions rate for the applicable grid region. ``(II) Non-baseload output emissions rate.-- ``(aa) In general.--For purposes of this subparagraph, the term `non-baseload output emissions rate' means the amount of greenhouse gases emitted into the atmosphere by the applicable grid region for the production of electricity (expressed as grams of CO<INF>2</INF>e per KWh) above baseload. ``(bb) Determination.--The non-baseload output emissions rate for any applicable grid region shall be determined by the Administrator of the Environmental Protection Agency and the Secretary. ``(D) Exclusion.--The term `qualified facility' shall not include any facility for which-- ``(i) a renewable electricity production credit determined under section 45, ``(ii) an advanced nuclear power facility production credit determined under section 45J, ``(iii) a carbon oxide sequestration credit determined under section 45Q, ``(iv) a clean electricity production credit determined under section 45U, or ``(v) an energy credit determined under section 48, is allowed under section 38 for the taxable year or any prior taxable year. ``(4) Qualified interconnection property.--For purposes of this paragraph-- ``(A) In general.--The term `qualified interconnection property' means, with respect to a qualified facility which is not a microgrid, any tangible property-- ``(i) which is part of an addition, modification, or upgrade to a transmission system which is required at or beyond the point at which the qualified facility interconnects to such transmission system in order to accommodate such interconnection, ``(ii)(I) which is constructed, reconstructed, or erected by the taxpayer, or ``(II) for which the cost with respect to the construction, reconstruction, or erection of such property is paid or incurred by such taxpayer, and ``(iii) the original use of which, pursuant to an interconnection agreement, commences with the utility. ``(B) Interconnection agreement.--The term `interconnection agreement' means an agreement entered into by a utility and the taxpayer for the purposes of interconnecting the qualified facility owned by such taxpayer to the transmission system of such utility. ``(C) Transmission system.--The term `transmission system' means the facilities owned, controlled, or operated by a utility which are used to provide electric transmission service. ``(D) Utility.--The term `utility' means the owner or operator of an electrical transmission or distribution system which is subject to the regulatory authority of-- ``(i) the Federal Energy Regulatory Commission, or ``(ii) a State public utility commission or other appropriate State agency. ``(5) Coordination with rehabilitation credit.--The qualified investment with respect to any qualified facility for any taxable year shall not include that portion of the basis of any property which is attributable to qualified rehabilitation expenditures (as defined in section 47(c)(2)). ``(6) Definitions.--For purposes of this subsection, the terms `CO2e per KWh' and `greenhouse gas emissions rate' have the same meaning given such terms under section 45U(b). ``(c) Qualified Investment With Respect to Grid Improvement Property.-- ``(1) In general.-- ``(A) Qualified investment.--For purposes of subsection (a), the qualified investment with respect to grid improvement property for any taxable year is the basis of any grid improvement property placed in service by the taxpayer during such taxable year. ``(B) Grid improvement property.--For purposes of this section, the term `grid improvement property' means any energy storage property or qualified transmission property which-- ``(i) satisfies the requirements of paragraph (4), and ``(ii) with respect to the construction of such property, satisfies the requirements under section 501 of the Clean Energy for America Act. ``(2) Energy storage property.--For purposes of this subsection, the term `energy storage property' means property-- ``(A) which receives, stores, and delivers electricity, or energy for conversion to electricity, provided that such electricity is-- ``(i) sold by the taxpayer to an unrelated person, or ``(ii) stored by the taxpayer for an unrelated person, ``(B) with respect to which depreciation (or amortization in lieu of depreciation) is allowable, ``(C)(i) the construction, reconstruction, or erection of which is completed by the taxpayer, or ``(ii) which is acquired by the taxpayer if the original use of such property commences with the taxpayer, ``(D) which has a capacity of not less than 5 kilowatt hours, and ``(E) which is placed in service after December 31, 2021. ``(3) Qualified transmission property.-- ``(A) In general.--For purposes of this subsection, the term `qualified transmission property' means property-- ``(i) which is-- ``(I) an overhead, submarine, or underground transmission property which is capable of transmitting electricity at a voltage of not less than 275 kilovolts, and ``(II) other equipment necessary for the operation of property described in clause (i), including equipment listed as `transmission plant' in the Uniform System of Accounts for the Federal Energy Regulatory Commission under part 101 of subchapter C of chapter I of title 18, Code of Federal Regulations, ``(ii) which satisfies the requirements under subparagraphs (B), (C), and (E) of paragraph (2). ``(B) Exclusion.--The term `qualified transmission property' shall not include any property used for distribution of electricity between substations and end-use customers. ``(4) Wage requirements.-- ``(A) In general.--The requirements described in this subparagraph with respect to any property are that the taxpayer shall ensure that any laborers and mechanics employed by contractors and subcontractors in-- ``(i) the construction of such property, or ``(ii) for any year during the 5-year period beginning on the date the property is originally placed in service, the alteration or repair of such property, shall be paid wages at rates not less than the prevailing rates for construction, alteration, or repair of a similar character in the locality as determined by the Secretary of Labor, in accordance with subchapter IV of chapter 31 of title 40, United States Code. ``(B) Correction and penalty related to failure to satisfy wage requirements.--For purposes of section 50(a), a taxpayer shall not be treated as failing to satisfy the requirements of this clause if such taxpayer meets requirements similar to the requirements of section 45U(b)(3)(B)(ii). ``(d) Special Rules.-- ``(1) Certain progress expenditure rules made applicable.-- Rules similar to the rules of subsections (c)(4) and (d) of section 46 (as in effect on the day before the date of the enactment of the Revenue Reconciliation Act of 1990) shall apply for purposes of subsection (a). ``(2) Special rule for property financed by subsidized energy financing or industrial development bonds.--Rules similar to the rules of section 48(a)(4) shall apply for purposes of this section. ``(e) Credit Phase-Out.-- ``(1) In general.--If the Secretary, the Secretary of Energy, and the Administrator of the Environmental Protection Agency determine that the annual greenhouse gas emissions from the production of electricity in the United States are equal to or less than 25 percent of the annual greenhouse gas emissions from the production of electricity in the United States for calendar year 2021, the amount of the clean electricity investment credit under subsection (a) for any qualified investment with respect to any qualified facility or grid improvement property the construction of which begins during a calendar year described in paragraph (2) shall be equal to the product of-- ``(A) the amount of the credit determined under subsection (a) without regard to this subsection, multiplied by ``(B) the phase-out percentage under paragraph (2). ``(2) Phase-out percentage.--The phase-out percentage under this paragraph is equal to-- ``(A) for any qualified investment with respect to any qualified facility or grid improvement property the construction of which begins during the first calendar year following the calendar year in which the determination described in paragraph (1) is made, 100 percent, ``(B) for any qualified investment with respect to any qualified facility or grid improvement property the construction of which begins during the second calendar year following such determination year, 75 percent, ``(C) for any qualified investment with respect to any qualified facility or grid improvement property the construction of which begins during the third calendar year following such determination year, 50 percent, and ``(D) for any qualified investment with respect to any qualified facility or grid improvement property the construction of which begins during any calendar year subsequent to the year described in subparagraph (C), 0 percent. ``(f) Greenhouse Gas.--In this section, the term `greenhouse gas' has the same meaning given such term under section 45U(e)(2). ``(g) Recapture of Credit.--For purposes of section 50, if the Secretary and the Administrator of the Environmental Protection Agency determine that the greenhouse gas emissions rate for a qualified facility is significantly higher than the anticipated greenhouse gas emissions rate claimed by the taxpayer for purposes of the clean electricity investment credit under this section, the facility or equipment shall cease to be investment credit property in the taxable year in which the determination is made. ``(h) Final Guidance.--Not later than January 1, 2023, the Secretary and the Administrator of the Environmental Protection Agency shall issue final guidance regarding implementation of this section. ``(i) Election for Direct Payment.-- ``(1) In general.--In the case of any qualified property or grid improvement property placed in service during any taxable year, the applicable percentage of the amount of any credit determined under subsection (a) with respect to such property for such taxable year shall, at the election of the taxpayer, be treated as a payment equal to such amount which is made by the taxpayer against the tax imposed by chapter 1 for such taxable year (regardless of whether such tax would have been on such taxpayer). ``(2) Form and effect of election.-- ``(A) In general.--An election under paragraph (1) shall be made prior to the date on which the qualified property or grid improvement property is placed in service and in such manner as the Secretary may prescribe. Such election, once made, shall-- ``(i) be irrevocable with respect to the qualified property or grid improvement property to which such election applies, and ``(ii) reduce the amount of the credit which would (but for this subsection) be allowable under this section with respect to such property for the taxable year in which such property is placed in service to zero. ``(B) Additional information.--For purposes of an election under paragraph (1), the Secretary may require such information as the Secretary deems necessary for purposes of preventing duplication, fraud, or any improper payments under this subsection. ``(3) Application to partnerships and s corporations; excess payments.--Rules similar to the rules of paragraphs (3) and (5) of section 45U(h) shall apply for purposes of this subsection. ``(4) Special rules for certain entities.-- ``(A) Eligibility of certain property.--For purposes of this subsection, paragraphs (3) and (4) of section 50(b) shall not apply with respect to-- ``(i) any State utility with a service obligation, as such terms are defined in section 217 of the Federal Power Act (as in effect on the date of the enactment of this subsection), ``(ii) any mutual or cooperative electric company described in section 501(c)(12) or section 1381(a)(2)(C), or ``(iii) an Indian tribal government (as defined in section 139E(c)(1)). ``(B) Certain entities treated as taxpayers.--In the case of an election under this subsection, any entity described in clause (i), (ii), or (iii) of subparagraph (A) shall be treated as a taxpayer for purposes of this subsection and determining the amount of any credit under subsection (a). ``(5) Applicable percentage.--For purposes of paragraph (1)-- ``(A) In general.--In the case of any property which satisfies the requirements under subsection (a)(2)(C)(ii) with respect to the construction of such property, the applicable percentage shall be 100 percent. ``(B) Phased domestic content requirement.--Subject to subparagraph (C), in the case of any property which fails to satisfy the requirements under such subsection with respect to the construction of such property, the applicable percentage shall be-- ``(i) if construction of such property began before January 1, 2024, 100 percent, ``(ii) if construction of such property began in calendar year 2024, 90 percent, ``(iii) if construction of such property began in calendar year 2025, 85 percent, and ``(iv) if construction of such property began after December 31, 2025, 0 percent. ``(C) Exception.--If the Secretary determines that, for purposes of application of the requirements under subsection (a)(2)(C)(ii) with respect to the construction of such property-- ``(i) their application would be inconsistent with the public interest, ``(ii) such materials and products are not produced in the United States in sufficient and reasonably available quantities and of a satisfactory quality, or ``(iii) inclusion of domestic material will increase the cost of the construction of the property by more than 25 percent, the applicable percentage shall be 100 percent.''. (2) Public utility property.--Section 50(d) is amended-- (A) in paragraph (2)-- (i) by adding after the first sentence the following new sentence: ``At the election of a taxpayer, this paragraph shall not apply to any grid improvement property (as defined in section 48D(c)(1)(B)), provided--'', and (ii) by adding the following new subparagraphs: ``(A) no election under this paragraph shall be permitted if the making of such election is prohibited by a State or political subdivision thereof, by any agency or instrumentality of the United States, or by a public service or public utility commission or other similar body of any State or political subdivision that regulates public utilities as described in section 7701(a)(33)(A), ``(B) an election under this paragraph shall be made separately with respect to each grid improvement property by the due date (including extensions) of the Federal tax return for the taxable year in which such property is placed in service by the taxpayer, and once made, may be revoked only with the consent of the Secretary, and ``(C) an election shall not apply with respect to any energy storage property (as defined in section 48D(c)(2)) if such property has a maximum capacity equal to or less than 500 kilowatt hours.'', and (B) by adding at the end the following: ``Paragraphs (1)(B) and (2)(B) of the section 46(e) referred to in paragraph (1) of this subsection shall not apply to any qualified investment described in section 48D of a real estate investment trust.'' (3) Conforming amendments.-- (A) Section 46 is amended-- (i) by striking ``and'' at the end of paragraph (5), (ii) by striking the period at the end of paragraph (6) and inserting ``, and'', and (iii) by adding at the end the following new paragraph: ``(7) the clean electricity investment credit.''. (B) Section 49(a)(1)(C) is amended-- (i) by striking ``and'' at the end of clause (iv), (ii) by striking the period at the end of clause (v) and inserting a comma, and (iii) by adding at the end the following new clauses: ``(vi) the basis of any qualified property which is part of a qualified facility under section 48D, and ``(vii) the basis of any energy storage property under section 48D.''. (C) Section 50(a)(2)(E) is amended by striking ``or 48C(b)(2)'' and inserting ``48C(b)(2), or 48D(e)''. (D) The table of sections for subpart E of part IV of subchapter A of chapter 1 is amended by inserting after the item relating to section 48C the following new item: ``48D. Clean electricity investment credit.''. (4) Effective date.--The amendments made by this subsection shall apply to property placed in service after December 31, 2021, under rules similar to the rules of section 48(m) of the Internal Revenue Code of 1986 (as in effect on the day before the date of the enactment of the Revenue Reconciliation Act of 1990). (b) Individual Credit.-- (1) In general.--Subpart A of part IV of subchapter A of chapter 1 is amended by inserting after section 25D the following: ``SEC. 25E. RESIDENTIAL CLEAN ELECTRICITY CREDIT. ``(a) Allowance of Credit.--In the case of an individual, there shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to 30 percent of the expenditures made by the taxpayer for any qualified property and any energy storage property which is-- ``(1) for use in connection with a dwelling unit which is located in the United States and used as a residence by the taxpayer, and ``(2) placed in service during such taxable year. ``(b) Qualified Property.-- ``(1) In general.--The term `qualified property' means property-- ``(A) which is tangible personal property, ``(B) which is used for the generation of electricity, ``(C) which is constructed, reconstructed, erected, or acquired by the taxpayer, ``(D) the original use of which commences with the taxpayer, ``(E) which is originally placed in service after December 31, 2022, and ``(F) for which the anticipated greenhouse gas emissions rate (as determined under paragraph (2)) is not greater than zero. ``(2) Establishment of emissions rates for qualified property.-- ``(A) In general.--The Secretary and the Administrator of the Environmental Protection Agency, shall establish greenhouse gas emissions rates for types or categories of qualified property which are for use in a dwelling unit, which a taxpayer shall use for purposes of this section. ``(B) Publishing emissions rates.--The Secretary shall publish a table that sets forth the greenhouse gas emissions rates for similar types or categories of qualified property. ``(c) Energy Storage Property.--The term `energy storage property' means property which-- ``(1) receives, stores, and delivers electricity or energy for conversion to electricity which is consumed or sold by the taxpayer, ``(2) is equipped with a metering device which is owned and operated by an unrelated person, ``(3) has a capacity of not less than 3 kilowatt hours, and ``(4) satisfies the requirements under subparagraphs (A), (C), (D), and (E) of subsection (b)(1). ``(d) Carryforward of Unused Credit.-- ``(1) In general.--If the credit allowable under subsection (a) exceeds the applicable tax limit, such excess shall be carried to each of the 3 succeeding taxable years and added to the credit allowable under subsection (a) for such succeeding taxable year. ``(2) Limitation.--The amount of the unused credit which may be taken into account under paragraph (1) for any taxable year shall not exceed the amount (if any) by which the applicable tax limit for such taxable year exceeds the sum of-- ``(A) the credit allowable under subsection (a) for which such taxable year determined without regard to this subsection, and ``(B) the amounts which, by reason of this subsection, are carried to such taxable year and are attributable to taxable years before the unused credit year. ``(3) Applicable tax limit.--For purposes of this subsection, the term `applicable tax limit' means the limitation imposed by section 26(a) for such taxable year reduced by the sum of the credits allowable under this subpart (other than this section). ``(e) Credit Phase-Out.-- ``(1) In general.--If the Secretary, the Secretary of Energy, and the Administrator of the Environmental Protection Agency determine that the annual greenhouse gas emissions from the production of electricity in the United States are equal to or less than the percentage specified in section 48D(e), the amount of the credit allowable under subsection (a) for any qualified property or energy storage property placed in service during a calendar year described in paragraph (2) shall be equal to the product of-- ``(A) the amount of the credit determined under subsection (a) without regard to this subsection, multiplied by ``(B) the phase-out percentage under paragraph (2). ``(2) Phase-out percentage.--The phase-out percentage under this paragraph is equal to-- ``(A) for property placed in service during the first calendar year following the calendar year in which the determination described in paragraph (1) is made, 100 percent, ``(B) for property placed in service during the second calendar year following such determination year, 75 percent, ``(C) for property placed in service during the third calendar year following such determination year, 50 percent, and ``(D) for property placed in service during any calendar year subsequent to the year described in subparagraph (C), 0 percent. ``(f) Special Rules.--For purposes of this section: ``(1) Labor costs.--Expenditures for labor costs properly allocable to the onsite preparation, assembly, or original installation of the qualified property or energy storage property and for piping or wiring to interconnect such property to the dwelling unit shall be taken into account for purposes of this section. ``(2) Tenant-stockholder in cooperative housing corporation.--In the case of an individual who is a tenant- stockholder (as defined in section 216) in a cooperative housing corporation (as defined in such section), such individual shall be treated as having made his tenant- stockholder's proportionate share (as defined in section 216(b)(3)) of any expenditures of such corporation. ``(3) Condominiums.-- ``(A) In general.--In the case of an individual who is a member of a condominium management association with respect to a condominium which the individual owns, such individual shall be treated as having made the individual's proportionate share of any expenditures of such association. ``(B) Condominium management association.--For purposes of this paragraph, the term `condominium management association' means an organization which meets the requirements of paragraph (1) of section 528(c) (other than subparagraph (E) thereof) with respect to a condominium project substantially all of the units of which are used as residences. ``(4) Allocation in certain cases.--If less than 80 percent of the use of a property is for nonbusiness purposes, only that portion of the expenditures for such property which is properly allocable to use for nonbusiness purposes shall be taken into account. ``(5) Coordination with other credits.--The terms `qualified property' and `energy storage property' shall not include any property for which a credit is allowed under section 25D for any expenditure with respect to such property. ``(g) Basis Adjustment.--For purposes of this subtitle, if a credit is allowed under this section for any expenditures with respect to any property, the increase in the basis of such property which would (but for this subsection) result from such expenditures shall be reduced by the amount of the credit so allowed. ``(h) Final Guidance.--Not later than January 1, 2023, the Secretary and the Administrator of the Environmental Protection Agency shall issue final guidance regarding implementation of this section, including calculation of greenhouse gas emission rates for qualified property and determination of residential clean electricity property credits under this section.''. (2) Conforming amendments.-- (A) Section 23(c)(1) is amended by striking ``and section 25D'' and inserting ``, section 25D, and section 25E''. (B) Section 25(e)(1)(C) is amended by striking ``and 25D'' and inserting ``25D, and 25E''. (C) Paragraph (1) of section 45(d) is amended by striking ``with respect to which'' and all that follows through the period and inserting the following: ``with respect to which-- ``(A) any qualified small wind energy property expenditure (as defined in subsection (d)(4) of section 25D) is taken into account in determining the credit under such section, or ``(B) any expenditures for qualified property (as defined in subsection (b) of section 25E) which uses wind to produce electricity is taken into account in determining the credit under such section.''. (D) Section 1016(a) is amended-- (i) by redesignating paragraphs (35) through (38) as paragraphs (36) through (39), respectively, and (ii) by inserting after paragraph (34) the following: ``(35) to the extent provided in section 25E(g), in the case of amounts with respect to which a credit has been allowed under section 25E,''. (E) The table of contents for subpart A of part IV of subchapter A of chapter 1 is amended by inserting after the item relating to section 25D the following new item: ``Sec. 25E. Residential clean electricity credit.''. (3) Effective date.--The amendments made by this subsection shall apply to property placed in service after December 31, 2022. SEC. 103. EXTENSIONS, MODIFICATIONS, AND TERMINATIONS OF VARIOUS ENERGY PROVISIONS. (a) Residential Energy Efficient Property.-- (1) Elimination of phaseout.--Section 25D(g) is amended to read as follows: ``(g) Applicable Percentage.--For purposes of subsection (a), the applicable percentage shall be 30 percent.''. (2) Effective date.--The amendments made by this subsection shall apply to property placed in service after December 31, 2020. (b) Renewable Electricity Production Credit.-- (1) Carryforward of credit.-- (A) In general.--Section 39(a) is amended by adding at the end the following: ``(4) 25-year carryforward for renewable electricity production credit.--In the case of the renewable electricity production credit-- ``(A) this section shall be applied separately from the business credit (other than the renewable electricity production credit), and ``(B) paragraph (2) shall be applied-- ``(i) by substituting `26 taxable years' for `21 taxable years' in subparagraph (A) thereof, and ``(ii) by substituting `25 taxable years' for `20 taxable years' in subparagraph (B) thereof.''. (B) Effective date.--The amendment made by this paragraph shall apply to credit carryforwards carried to taxable years beginning after the date of enactment of this Act. (2) Election for direct payment for renewable electricity production credit.--Section 45 is amended by adding at the end the following: ``(f) Election for Direct Payment.-- ``(1) In general.--The amount of any credit determined under subsection (a) with respect to any qualified facility for any taxable year during the period described in subsection (a)(2)(A)(ii) shall, at the election of the taxpayer, be treated as a payment equal to such amount which is made by the taxpayer against the tax imposed by chapter 1 for such taxable year. ``(2) Form and effect of election.-- ``(A) In general.--An election under paragraph (1) shall be made prior to the applicable date on and in such manner as the Secretary may prescribe. Such election, once made, shall-- ``(i) be irrevocable with respect to such qualified facility for the period described in subsection (a)(2)(A)(ii), and ``(ii) for any taxable year during such period, reduce the amount of the credit which would (but for this paragraph) be allowable under this section with respect to such qualified facility for such taxable year to zero. ``(B) Additional information.--For purposes of an election under paragraph (1), the Secretary may require such information as the Secretary deems necessary for purposes of preventing duplication, fraud, or any improper payments under this subsection. ``(C) Applicable date.--For purposes of this paragraph, the term `applicable date' means-- ``(i) in the case of any qualified facility which is placed in service after December 31, 2020, and before the date of enactment of the Clean Energy for America Act, the earlier of-- ``(I) the date which is 180 days after the date of enactment of such Act, or ``(II) the end of the taxable year in which such facility is placed in service, ``(ii) in the case of any qualified facility the construction of which begins before the date of enactment of the Clean Energy for America Act and which is not placed in service before such date, the later of-- ``(I) the date on which such facility is placed in service, or ``(II) the date which is 180 days after the date of enactment of such Act, or ``(iii) in the case of any qualified facility the construction of which begins on or after the date of enactment of the Clean Energy for America Act, the date on which such facility is placed in service. ``(3) Application to partnerships and s corporations; excess payment.--Rules similar to the rules of paragraphs (3) and (5) of section 45U(h) shall apply for purposes of this subsection. ``(4) Certain entities treated as taxpayers.--In the case of an election under this subsection-- ``(A) any State utility with a service obligation, as such terms are defined in section 217 of the Federal Power Act (as in effect on the date of the enactment of this subsection), ``(B) any mutual or cooperative electric company described in section 501(c)(12) or section 1381(a)(2)(C), or ``(C) an Indian tribal government (as defined in section 139E(c)(1)), shall be treated as a taxpayer for purposes of this subsection and determining the amount of any credit under subsection (a).''. (c) Termination of Allocation of Unutilized Limitation for Advanced Nuclear Power Facilities.-- (1) In general.--Section 45J(b) is amended by striking paragraph (5). (2) Effective date.--The amendment made by this subsection shall apply to facilities the construction of which begins after the date of enactment of this Act. (d) Modification of Credit for Carbon Dioxide Sequestration.-- (1) In general.--Section 45Q is amended-- (A) in subsection (a)(4)(B)(i), by inserting ``subject to subsection (f)(8),'' before ``used by'', (B) in subsection (b)(1)-- (i) in subparagraph (A), by striking ``The applicable dollar amount'' and inserting ``Except as provided in subparagraph (B), the applicable dollar amount'', (ii) by redesignating subparagraph (B) as subparagraph (C), (iii) by inserting after subparagraph (A) the following: ``(B) Applicable dollar amount for direct air capture facilities.--In the case of any qualified facility described in subsection (d)(1)(A) for which construction begins after the date of enactment of the Clean Energy for America Act, the applicable dollar amount shall be an amount equal to-- ``(i) for any taxable year beginning in a calendar year before 2027-- ``(I) for purposes of paragraph (3) of subsection (a), $175, and ``(II) for purposes of paragraph (4) of such subsection, $150, and ``(ii) for any taxable year beginning in a calendar year after 2026-- ``(I) for purposes of paragraph (3) of subsection (a), an amount equal to the product of $175 and the inflation adjustment factor for such calendar year determined under section 43(b)(3)(B) for such calendar year, determined by substituting `2025' for `1990', and ``(II) for purposes of paragraph (4) of such subsection, an amount equal to the product of $150 and the inflation adjustment factor for such calendar year determined under section 43(b)(3)(B) for such calendar year, determined by substituting `2025' for `1990'.'', and (iv) in subparagraph (C), as so redesignated, by inserting ``or (B)'' after ``subparagraph (A)'', (C) by striking subsection (d) and inserting the following: ``(d) Qualified Facility.-- ``(1) In general.--For purposes of this section, the term `qualified facility' means-- ``(A) any direct air capture facility, and ``(B) any industrial facility which captures-- ``(i) in the case of an electricity generating facility, not less than 75 percent of the carbon oxide which would otherwise be released into the atmosphere, or ``(ii) in the case of an industrial facility which is not an electricity generating facility, not less than 50 percent of the carbon oxide which would otherwise be released into the atmosphere. ``(2) Coordination with other credits.--The term `qualified facility' shall not include any facility for which a credit determined under section 45U or 48D is allowed under section 38 for the taxable year or any prior taxable year.'', (D) in subsection (f), by adding at the end the following: ``(8) Elimination of use of carbon oxide as tertiary injectant.--In the case of any qualified facility the construction of which begins after December 31, 2026, subsection (a)(4)(B)(i) shall not apply.'', (E) by redesignating subsection (h) as subsection (i), and (F) by inserting after subsection (g) the following: ``(h) Credit Phase-Out.-- ``(1) In general.-- ``(A) Reduction based on emissions from production of electricity.--Subject to subparagraphs (B) and (C), if the Secretary and the Administrator of the Environmental Protection Agency determine that the annual greenhouse gas emissions from the production of electricity in the United States are equal to or less than 25 percent of the annual greenhouse gas emissions from the production of electricity in the United States for calendar year 2021, the amount of the carbon oxide sequestration credit under subsection (a) for any qualified facility the construction of which begins during a calendar year described in paragraph (2) shall be equal to the product of-- ``(i) the amount of the credit determined under subsection (a) without regard to this subsection, multiplied by ``(ii) the phase-out percentage under paragraph (2). ``(B) Other industrial facilities.--In the case of any qualified facility described in subsection (d)(1)(B)(ii) the construction of which begins during a calendar year described in paragraph (2), subparagraph (A) shall be applied by substituting `industrial sector' for `production of electricity' each place it appears. ``(C) Direct air capture facilities.--In the case of any qualified facility described in subsection (d)(1)(A), subparagraph (A) shall not apply. ``(2) Phase-out percentage.--The phase-out percentage under this paragraph is equal to-- ``(A) for a facility the construction of which begins during the first calendar year following the calendar year in which the determination described in paragraph (1)(A) is made, 100 percent, ``(B) for a facility the construction of which begins during the second calendar year following such determination year, 75 percent, ``(C) for a facility the construction of which begins during the third calendar year following such determination year, 50 percent, and ``(D) for a facility the construction of which begins during any calendar year subsequent to the year described in subparagraph (C), 0 percent.''. (2) Wage requirements.--Section 45Q(f), as amended by paragraph (1)(D), is amended by adding at the end the following: ``(9) Wage requirements.-- ``(A) In general.--The term `qualified facility' shall not include any facility which fails to satisfy-- ``(i) subject to clause (ii) of subparagraph (B), the requirements under clause (i) of such subparagraph, and ``(ii) with respect to-- ``(I) the construction of any facility the construction of which begins after the date of enactment of the Clean Energy for America Act, and ``(II) the construction of any carbon capture equipment, the requirements under section 501 of the Clean Energy for America Act. ``(B) Requirements.-- ``(i) In general.--The requirements described in this clause with respect to any facility, and any carbon capture equipment placed in service at such facility, are that the taxpayer shall ensure that any laborers and mechanics employed by contractors and subcontractors in-- ``(I) in the case of any facility the construction of which begins after the date of enactment of the Clean Energy for America Act, the construction of such facility, or ``(II) during the 12-year period beginning on the date on which carbon capture equipment is originally placed in service at any facility (as described in paragraphs (3)(A) and (4)(A) of subsection (a)), the alteration or repair of such facility or such equipment, shall be paid wages at rates not less than the prevailing rates for construction, alteration, or repair of a similar character in the locality as determined by the Secretary of Labor, in accordance with subchapter IV of chapter 31 of title 40, United States Code. ``(ii) Failure to satisfy wage requirements; correction and penalty.--In the case of any taxpayer which fails to satisfy the requirement under clause (i) with respect to the construction of any facility or the alteration or repair of a facility or carbon capture equipment in any year during the period described in clause (i)(II), rules similar to the rules of clauses (i) and (ii) of section 45U(b)(3)(B) shall apply for purposes of this subparagraph.''. (3) Election for direct payment.--Section 45Q, as amended by the preceding paragraphs of this subsection, is amended-- (A) by redesignating subsection (i) as subsection (j), and (B) by inserting after subsection (h) the following: ``(i) Election for Direct Payment.-- ``(1) In general.--The amount of any credit determined under paragraph (3) or (4) of subsection (a) with respect to any qualified carbon oxide for any taxable year during the period described in paragraph (3)(A) or (4)(A) of such subsection, respectively, shall, at the election of the taxpayer, be treated as a payment equal to such amount which is made by the taxpayer against the tax imposed by chapter 1 for such taxable year. ``(2) Form and effect of election.-- ``(A) In general.--An election under paragraph (1) shall be made prior to the applicable date and in such manner as the Secretary may prescribe. Such election, once made, shall-- ``(i) be irrevocable with respect to such carbon capture equipment for the period described in paragraph (3)(A) or (4)(A) of subsection (a), and ``(ii) for any taxable year during such period, reduce the amount of the credit which would (but for this paragraph) be allowable under this section with respect to such equipment for such taxable year to zero. ``(B) Additional information.--For purposes of an election under paragraph (1), the Secretary may require such information as the Secretary deems necessary for purposes of preventing duplication, fraud, or any improper payments under this subsection. ``(C) Applicable date.--For purposes of this paragraph, the term `applicable date' means-- ``(i) in the case of any carbon capture equipment which is placed in service after December 31, 2020, and before the date of enactment of the Clean Energy for America Act, the earlier of-- ``(I) the date which is 180 days after the date of enactment of such Act, or ``(II) the end of the taxable year in which such equipment is placed in service, ``(ii) in the case of any carbon capture equipment the construction of which began before the date of enactment of the Clean Energy for America Act and which has not placed in service before such date, the later of-- ``(I) the date on which such equipment is placed in service, or ``(II) the date which is 180 days after the date of enactment of such Act, and ``(iii) in the case of any carbon capture equipment the construction of which begins on or after the date of enactment of the Clean Energy for America Act, the date on which such equipment is placed in service. ``(3) Application to partnerships and s corporations; excess payment.--Rules similar to the rules of paragraphs (3) and (5) of section 45U(h) shall apply for purposes of this subsection. ``(4) Certain entities treated as taxpayers.--In the case of an election under this subsection-- ``(A) any State utility with a service obligation, as such terms are defined in section 217 of the Federal Power Act (as in effect on the date of the enactment of this subsection), ``(B) any mutual or cooperative electric company described in section 501(c)(12) or section 1381(a)(2)(C), or ``(C) an Indian tribal government (as defined in section 139E(c)(1)), shall be treated as a taxpayer for purposes of this subsection and determining the amount of any credit under subsection (a).''. (4) Credit reduced for grants, tax-exempt bonds, subsidized energy financing, and other credits.--Section 45Q(f), as amended by paragraphs (1)(D) and (2), is amended by adding at the end the following: ``(10) Credit reduced for grants, tax-exempt bonds, subsidized energy financing, and other credits.--Rules similar to the rules under section 45(b)(3) shall apply for purposes of this section.''. (5) Effective dates.-- (A) In general.--The amendments made by paragraph (1) (with the exception of the amendment made under subparagraph (D) of such paragraph) shall apply to facilities the construction of which begins after the date of enactment of this Act. (B) Elimination of use of carbon oxide as tertiary injectant.--The amendment made by paragraph (1)(D) shall apply to facilities the construction of which begins after December 31, 2026. (C) Wage requirements.--The amendments made by paragraph (2) shall apply to facilities or equipment the construction of which begins after December 31, 2021. (D) Election for direct payment.--The amendments made by paragraph (3) shall apply to carbon capture equipment which is placed in service after December 31, 2020. (E) Credit reduced for grants, tax-exempt bonds, subsidized energy financing, and other credits.--The amendments made by paragraph (4) shall apply to taxable years beginning after the date of enactment of this Act. (e) Modification of Credits for Energy Property.-- (1) Termination.-- (A) Solar energy property.--Section 48(a)(3)(A)(i) is amended by inserting ``but only with respect to property the construction of which begins before January 1, 2024,'' after ``swimming pool,''. (B) Geothermal energy property.--Section 48(a)(3)(A)(iii) is amended by inserting ``with respect to property the construction of which begins before January 1, 2024, and'' after ``but only''. (C) Qualified offshore wind facilities.--Section 48(a)(5)(F) is amended by striking ``January 1, 2026'' each place it appears and inserting ``January 1, 2024''. (2) Elimination of phaseouts.-- (A) In general.--Section 48 is amended by striking paragraphs (6) and (7). (B) Effective date.--The amendments made by this paragraph shall apply to property the construction of which begins after December 31, 2020. (3) Increase in credit rate for geothermal deposits.-- (A) In general.--Section 48(a)(2)(A)(i)(II) is amended by striking ``paragraph (3)(A)(i)'' and inserting ``clause (i) or (iii) of paragraph (3)(A)''. (B) Effective date.--The amendments made by this paragraph shall apply to property the construction of which begins after December 31, 2020. (4) Election for direct payment.-- (A) In general.--Section 48, as amended by paragraph (1), is amended by adding at the end the following: ``(e) Election for Direct Payment.-- ``(1) In general.--In the case of any energy property placed in service during any taxable year, the amount of any credit determined under subsection (a) with respect to such property for such taxable year shall, at the election of the taxpayer, be treated as a payment equal to such amount which is made by the taxpayer against the tax imposed by chapter 1 for such taxable year (regardless of whether such tax would have been on such taxpayer). ``(2) Form and effect of election.-- ``(A) In general.--An election under paragraph (1) shall be made prior to the applicable date and in such manner as the Secretary may prescribe. Such election, once made, shall-- ``(i) be irrevocable with respect to the energy property to which such election applies, and ``(ii) reduce the amount of the credit which would (but for this subsection) be allowable under this section with respect to such property for the taxable year in which such property is placed in service to zero. ``(B) Additional information.--For purposes of an election under paragraph (1), the Secretary may require such information as the Secretary deems necessary for purposes of preventing duplication, fraud, or any improper payments under this subsection. ``(C) Applicable date.--For purposes of this paragraph, the term `applicable date' means-- ``(i) in the case of any energy property which is placed in service after December 31, 2020, and before the date of enactment of the Clean Energy for America Act, the earlier of-- ``(I) the date which is 180 days after the date of enactment of such Act, or ``(II) the end of the taxable year in which such property is placed in service, ``(ii) in the case of any energy property the construction of which began before the date of enactment of the Clean Energy for America Act and which has not been placed in service before such date, the later of-- ``(I) the date on which such property is placed in service, or ``(II) the date which is 180 days after the date of enactment of such Act, or ``(iii) in the case of any energy property the construction of which begins on or after the date of enactment of the Clean Energy for America Act, the date on which such property is placed in service. ``(3) Application to partnerships and s corporations; excess payment.--Rules similar to the rules of paragraphs (3) and (5) of section 45U(h) shall apply for purposes of this subsection. ``(4) Special rules for certain entities.-- ``(A) Eligibility of certain property.--For purposes of this subsection, paragraphs (3) and (4) of section 50(b) shall not apply with respect to-- ``(i) any State utility with a service obligation, as such terms are defined in section 217 of the Federal Power Act (as in effect on the date of the enactment of this subsection), ``(ii) any mutual or cooperative electric company described in section 501(c)(12) or section 1381(a)(2)(C), or ``(iii) an Indian tribal government (as defined in section 139E(c)(1)). ``(B) Certain entities treated as taxpayers.--In the case of an election under this subsection, any entity described in clause (i), (ii), or (iii) of subparagraph (A) shall be treated as a taxpayer for purposes of this subsection and determining the amount of any credit under subsection (a).''. (B) Effective date.--The amendment made by this paragraph shall apply to property placed in service after December 31, 2020. (5) Energy credit for qualified biogas property and qualified manure resource recovery property.-- (A) In general.--Section 48(a)(3)(A) is amended by striking ``or'' at the end of clause (vii) and by adding at the end the following new clauses: ``(ix) qualified biogas property, or ``(x) qualified manure resource recovery property,''. (B) 30-percent credit.--Section 48(a)(2)(A)(i) is amended by striking ``and'' at the end of subclause (IV), by striking ``and'' at the end of subclause (V), and by adding at the end the following new subclauses: ``(VI) qualified biogas property, and ``(VII) qualified manure resource recovery property, and''. (C) Definitions.--Section 48(c) is amended by adding at the end the following new paragraphs: ``(6) Qualified biogas property.-- ``(A) In general.--The term `qualified biogas property' means property comprising a system which-- ``(i) uses anaerobic digesters, or other biological, chemical, thermal, or mechanical processes (alone or in combination), to convert biomass (as defined in section 45K(c)(3)) into a gas which consists of not less than 52 percent methane, and ``(ii) captures such gas for use as a fuel. ``(B) Inclusion of certain cleaning and conditioning equipment.--Such term shall include any property which cleans and conditions the gas referred to in subparagraph (A) for use as a fuel. ``(C) Termination.--No credit shall be determined under this section with respect to any qualified biogas property for any period after December 31, 2023. ``(7) Qualified manure resource recovery property.-- ``(A) In general.--The term `qualified manure resource recovery property' means property comprising a system which uses physical, biological, chemical, thermal, or mechanical processes to recover the nutrients nitrogen and phosphorus from a non-treated digestate or animal manure by reducing or separating at least 50 percent of the concentration of such nutrients, excluding any reductions during the incineration, storage, composting, or field application of the non-treated digestate or animal manure. ``(B) Inclusion of certain processing equipment.-- Such term shall include-- ``(i) any property which is used to recover the nutrients referred to in subparagraph (A), such as-- ``(I) biological reactors, ``(II) crystallizers, ``(III) water filtration membrane systems and other water purifiers, ``(IV) evaporators, ``(V) distillers, ``(VI) decanter centrifuges, and ``(VII) equipment that facilitates the process of removing and dewatering suspended and dissolved solids, ammonia stripping, gasification, or ozonation, and ``(ii) any thermal drier which treats the nutrients recovered by the processes referred to in subparagraph (A). ``(C) Termination.--No credit shall be determined under this section with respect to any qualified manure resource recovery property for any period after December 31, 2023.''. (D) Denial of double benefit for qualified biogas property.--Section 45(e) is amended by adding at the end the following new paragraph: ``(12) Coordination with energy credit for qualified biogas property.--The term `qualified facility' shall not include any facility which produces electricity from gas produced by qualified biogas property (as defined in section 48(c)(6)) if a credit is determined under section 48 with respect to such property for the taxable year or any prior taxable year.''. (E) Effective date.--The amendments made by this paragraph shall apply to property placed in service after December 31, 2020, under rules similar to the rules of section 48(m) of such Code (as in effect on the day before the date of the enactment of the Revenue Reconciliation Act of 1990). (6) Expansion of energy credit to include clean hydrogen production facilities.-- (A) In general.--Section 48(a)(5) is amended-- (i) in subparagraph (A)(ii), by inserting ``subject to subparagraph (G)(i),'' before ``the energy percentage'', (ii) in subparagraph (B), by inserting ``or 45X'' after ``section 45'', (iii) in subparagraph (C)-- (I) in clause (i), by inserting ``or, subject to subparagraph (G)(ii), a qualified clean hydrogen production facility (as defined in section 45X(d)(3))'' after ``section 45(d)'', (II) in clause (ii), by inserting ``(or, in the case of a qualified clean hydrogen production facility, which is placed in service after 2020 and the construction of which begins before January 1, 2030)'' after ``January 1, 2022'', and (III) in clause (iii)(I), by inserting ``or 45X'' after ``section 45'', and (iv) by adding at the end the following: ``(G) Qualified clean hydrogen production facilities.-- ``(i) Energy percentage.-- ``(I) In general.--For purposes of subparagraph (A)(ii), in the case of a qualified investment credit facility which is a qualified clean hydrogen production facility, the energy percentage with respect to such facility shall be an amount (expressed as a percentage) equal to-- ``(aa) in the case of a facility which is estimated to produce qualified clean hydrogen (as defined in described in section 45X(d)(2)) which is described in subparagraph (A) of section 45X(b)(2), 20 percent of the energy percentage otherwise applicable under subparagraph (A)(ii), ``(bb) in the case of a facility which is estimated to produce qualified clean hydrogen which is described in subparagraph (B) of section 45X(b)(2), 25 percent of the energy percentage otherwise applicable under subparagraph (A)(ii), ``(cc) in the case of a facility which is estimated to produce qualified clean hydrogen which is described in subparagraph (C) of section 45X(b)(2), 34 percent of the energy percentage otherwise applicable under subparagraph (A)(ii), and ``(dd) in the case of a facility which is estimated to produce qualified clean hydrogen which is described in subparagraph (D) of section 45X(b)(2), 100 percent of the energy percentage otherwise applicable under subparagraph (A)(ii). ``(II) Recapture.--The Secretary shall, by regulations, provide for recapturing the benefit of any credit allowable under this section with respect to any qualified clean hydrogen production facility which fails to produce qualified clean hydrogen consistent with the applicable percentage reduction in lifecycle greenhouse gas emissions described in section 45X(b)(2) which were estimated for such facility pursuant to subclause (I). ``(ii) No double benefit.--For purposes of this paragraph, the term `qualified investment credit facility' shall not include any qualified clean hydrogen production facility for which a credit is allowed under section 38 for the taxable year or any prior taxable year which is properly allocable to any credit determined under-- ``(I) this section (other than pursuant to this paragraph), or ``(II) section 45, 45J, 45Q, 45U, 45V, or 48D.''. (B) Effective date.--The amendments made by this paragraph shall apply to property placed in service after December 31, 2020. (7) Fuel cells using electromechanical processes.-- (A) In general.--Section 48(c)(1) is amended-- (i) in subparagraph (A)(i)-- (I) by inserting ``or electromechanical'' after ``electrochemical'', and (II) by inserting ``(1 kilowatts in the case of a fuel cell power plant with a linear generator assembly)'' after ``0.5 kilowatt'', and (ii) in subparagraph (C)-- (I) by inserting ``, or linear generator assembly,'' after ``a fuel cell stack assembly'', and (II) by inserting ``or electromechanical'' after ``electrochemical''. (B) Linear generator assembly limitation.--Section 48(c)(1) is amended by redesignating subparagraph (D) as subparagraph (E) and by inserting after subparagraph (C) the following new subparagraph: ``(D) Linear generator assembly.--The term `linear generator assembly' does not include any assembly which contains rotating parts.''. (C) Effective date.--The amendments made by this paragraph shall apply to property the construction of which begins after December 31, 2020. (f) Cost Recovery for Qualified Facilities, Qualified Property, and Grid Improvement Property.-- (1) In general.--Section 168(e)(3)(B) is amended-- (A) in clause (vi)(III), by striking ``and'' at the end, (B) in clause (vii), by striking the period at the end and inserting ``, and'', and (C) by inserting after clause (vii) the following: ``(viii) any qualified facility (as defined in section 45U(b)(1)(A)), any qualified property (as defined in subsection (b)(2) of section 48D), or any grid improvement property (as defined in subsection (c)(1)(B) of such section).''. (2) Alternative system.--The table contained in section 168(g)(3)(B) is amended by inserting after the item relating to subparagraph (B)(vii) the following new item: ``(B)(viii) ................................................ 30''. (3) Effective date.--The amendments made by this subsection shall apply to facilities and property placed in service after December 31, 2022. TITLE II--INCENTIVES FOR CLEAN TRANSPORTATION SEC. 201. CLEAN FUEL PRODUCTION CREDIT. (a) In General.-- (1) Allowance of credit.--Subpart D of part IV of subchapter A of chapter 1, as amended by section 101, is amended by adding at the end the following new section: ``SEC. 45V. CLEAN FUEL PRODUCTION CREDIT. ``(a) Amount of Credit.-- ``(1) In general.--For purposes of section 38, the clean fuel production credit for any taxable year is an amount equal to-- ``(A) for any transportation fuel sold during any calendar year ending before January 1, 2030, an amount equal to the product of-- ``(i) $1.00 per gallon (or gallon equivalent) with respect to any transportation fuel which is-- ``(I) produced by the taxpayer at a qualified facility, and ``(II) sold by the taxpayer in a manner described in paragraph (4), and ``(ii) the emissions factor for such fuel (as determined under subsection (b)), and ``(B) for any transportation fuel which is sold during any calendar year beginning after December 31, 2029, and which has an emissions rate equal to or less than zero, an amount equal to the applicable amount (as determined under paragraph (2)) per gallon (or gallon equivalent) with respect to any transportation fuel which is-- ``(i) produced by the taxpayer at a qualified facility, and ``(ii) sold by the taxpayer in a manner described in paragraph (4). ``(2) Applicable amount.--For purposes of paragraph (1)(B), the applicable amount with respect to any transportation fuel shall be an amount equal to $1.00 increased by 10 cents for every kilogram of CO<INF>2</INF>e per mmBTU (or fraction thereof) for which the emissions rate for such fuel is below zero. ``(3) Special rate for sustainable aviation fuel.-- ``(A) In general.--In the case of an transportation fuel which is sustainable aviation fuel, paragraphs (1)(A)(i) and (2) shall each be applied by substituting `$2.00' for `$1.00'. ``(B) Sustainable aviation fuel.--For purposes of this subparagraph (A), the term `sustainable aviation fuel' means liquid fuel which is sold for use in, or used in, an aircraft and which-- ``(i) consists of synthesized hydrocarbons, ``(ii) meets the requirements of-- ``(I) ASTM International Standard D7566, or ``(II) the Fischer Tropsch provisions of ASTM International Standard D1655, Annex A1, ``(iii) is derived from-- ``(I) biomass (as such term is defined in section 45K(c)(3)), or ``(II) electrolysis powered by renewable energy resources, or ``(III) carbon oxides captured from an industrial source or from the ambient air, and ``(iv) is not derived from palm fatty acid distillates. ``(4) Sale.--For purposes of paragraph (1), the transportation fuel is sold in a manner described in this paragraph if such fuel is sold by the taxpayer to an unrelated person-- ``(A) for use by such person in the production of a fuel mixture, ``(B) for use by such person in a trade or business, or ``(C) who sells such fuel at retail to another person and places such fuel in the fuel tank of such other person. ``(5) Rounding.--If any amount determined under paragraph (1)(A) or (2) is not a multiple of 0.1 cent, such amount shall be rounded to the nearest multiple of 0.1 cent. ``(b) Emissions Factors.-- ``(1) Emissions factor.-- ``(A) Calculation.-- ``(i) In general.--The emissions factor of a transportation fuel shall be an amount equal to the quotient of-- ``(I) an amount equal to-- ``(aa) the baseline emissions rate, minus ``(bb) the emissions rate for such fuel, divided by ``(II) the baseline emissions rate. ``(B) Baseline emissions rate.--For purposes of this paragraph, the term `baseline emissions rate' means-- ``(i) for any calendar year ending before January 1, 2026, 75 kilograms of CO<INF>2</INF>e per mmBTU, ``(ii) for calendar years 2026 and 2027, 50 kilograms of CO<INF>2</INF>e per mmBTU, and ``(iii) for calendar years 2028 and 2029, 25 kilograms of CO<INF>2</INF>e per mmBTU. ``(C) Establishment of emissions rate.--The Secretary and the Secretary of Energy shall establish the emissions rate for similar types and categories of transportation fuels based on the amount of lifecycle greenhouse gas emissions (as described in section 211(o)(1)(H) of the Clean Air Act (42 U.S.C. 7545(o)(1)(H)), as in effect on the date of the enactment of this section) for such fuels, expressed as kilograms of CO<INF>2</INF>e per mmBTU, which a taxpayer shall use for purposes of this section. ``(D) Rounding of emissions rate.--The Secretary may round the emissions rates under subparagraph (B) to the nearest multiple of 5 kilograms of CO<INF>2</INF>e per mmBTU, except that, in the case of an emissions rate that is less than 2.5 kilograms of CO<INF>2</INF>e per mmBTU, the Secretary may round such rate to zero. ``(E) Provisional emissions rate.-- ``(i) In general.--In the case of any transportation fuel for which an emissions rate has not been established by under subparagraph (C), a taxpayer producing such fuel may file a petition with the Secretary and the Secretary of Energy for determination of the emissions rate with respect to such fuel. ``(ii) Establishment of provisional and final emissions rate.--In the case of a transportation fuel for which a petition described in clause (i) has been filed, the Secretary and the Secretary of Energy shall-- ``(I) not later than 12 months after the date on which the petition was filed, provide a provisional emissions rate for such fuel which a taxpayer shall use for purposes of this section, and ``(II) not later than 24 months after the date on which the petition was filed, establish the emissions rate for such fuel. ``(F) Rounding.--If any amount determined under subparagraph (A) is not a multiple of 0.1, such amount shall be rounded to the nearest multiple of 0.1. ``(2) Publishing emissions rate.--The Secretary shall publish annually a table that sets forth the emissions rate (as established pursuant to paragraph (1)) for similar types and categories of transportation fuels. ``(c) Inflation Adjustment.-- ``(1) In general.--In the case of calendar years beginning after 2023, the $1.00 amount in paragraphs (1)(A)(i) and (2) of subsection (a) and the $2.00 amount in subsection (a)(3) shall each be adjusted by multiplying such amount by the inflation adjustment factor for the calendar year in which the sale or use of the transportation fuel occurs. If any amount as increased under the preceding sentence is not a multiple of 1 cent, such amount shall be rounded to the nearest multiple of 1 cent. ``(2) Inflation adjustment factor.--For purposes of paragraph (1), the inflation adjustment factor shall be the inflation adjustment factor determined and published by the Secretary pursuant to section 45U(c), determined by substituting `calendar year 2022' for `calendar year 1992' in paragraph (3) thereof. ``(d) Credit Phase-Out.-- ``(1) In general.--If the Secretary and the Administrator of the Environmental Protection Agency determine that the greenhouse gas emissions from the transportation of persons and goods annually in the United States are equal to or less than 25 percent of the greenhouse gas emissions from the transportation of persons and goods in the United States during calendar year 2021, the amount of the clean fuel production credit under this section shall be determined by substituting the applicable amount (as determined under paragraph (2)(A)) for the dollar amount applicable under paragraphs (1)(A)(i) and (2) of subsection (a). ``(2) Applicable dollar amount.-- ``(A) In general.--The applicable amount for any taxable year described in subparagraph (B) shall be an amount equal to the product of-- ``(i) the dollar amount applicable under paragraphs (1)(A)(i) and (2) of subsection (a) (as adjusted by subsection (c)), multiplied by ``(ii) the phase-out percentage under subparagraph (B). ``(B) Phase-out percentage.--The phase-out percentage under this subparagraph is equal to-- ``(i) for any taxable year beginning in the first calendar year following the calendar year in which the determination described in paragraph (1) is made, 100 percent, ``(ii) for any taxable year beginning in the second calendar year following such determination year, 75 percent, ``(iii) for any taxable year beginning in the third calendar year following such determination year, 50 percent, and ``(iv) for any taxable year beginning in any calendar year subsequent to the year described in clause (iii), 0 percent. ``(e) Definitions.--In this section: ``(1) mmBTU.--The term `mmBTU' means 1,000,000 British thermal units. ``(2) CO<INF>2</INF>e.--The term `CO<INF>2</INF>e' means, with respect to any greenhouse gas, the equivalent carbon dioxide (as determined based on relative global warming potential). ``(3) Greenhouse gas.--The term `greenhouse gas' has the same meaning given that term under section 211(o)(1)(G) of the Clean Air Act (42 U.S.C. 7545(o)(1)(G)), as in effect on the date of the enactment of this section. ``(4) Qualified facility.-- ``(A) In general.--The term `qualified facility' means a facility-- ``(i) used for the production of transportation fuels, and ``(ii) which-- ``(I) subject to clause (ii) of subparagraph (B), satisfies the requirements under clause (i) of such subparagraph, and ``(II) with respect to the construction of such facility, satisfies the requirements under section 501 of the Clean Energy for America Act. Clause (ii)(II) shall not apply to any facility placed in service before January 1, 2023. ``(B) Wage requirements.-- ``(i) In general.--The requirements described in this subparagraph with respect to any facility are that the taxpayer shall ensure that any laborers and mechanics employed by contractors and subcontractors in-- ``(I) the construction of such facility, or ``(II) for any year described in subsection (a)(1) for which the credit under this section is claimed, the alteration or repair of such facility, shall be paid wages at rates not less than the prevailing rates for construction, alteration, or repair of a similar character in the locality as determined by the Secretary of Labor, in accordance with subchapter IV of chapter 31 of title 40, United States Code. ``(ii) Failure to satisfy wage requirements; correction and penalty.--In the case of any taxpayer which fails to satisfy the requirement under clause (i) with respect to the construction of any facility or the alteration or repair of such facility in any year during the period described in clause (i)(II), rules similar to the rules of clauses (i) and (ii) of section 45U(b)(3)(B) shall apply for purposes of this subparagraph. ``(iii) Special rule for facilities placed in service before january 1, 2023.--In the case of any facility placed in service before January 1, 2023-- ``(I) clause (i)(I) shall not apply, and ``(II) clause (ii) shall be applied without regard to the phrase `the construction of any facility or'. ``(5) Transportation fuel.--The term `transportation fuel' means a fuel which is suitable for use as a fuel in a highway vehicle or aircraft. ``(f) Final Guidance.--Not later than January 1, 2023, the Secretary and the Secretary of Energy shall jointly issue final guidance regarding implementation of this section, including calculation of emissions factors for transportation fuel, the table described in subsection (b)(2), and the determination of clean fuel production credits under this section. ``(g) Special Rules.-- ``(1) Only registered production in the united states taken into account.-- ``(A) In general.--No clean fuel production credit shall be determined under subsection (a) with respect to any transportation fuel unless-- ``(i) the taxpayer is registered as a producer of clean fuel under section 4101 at the time of production, and ``(ii) such fuel is produced in the United States. ``(B) United states.--For purposes of this paragraph, the term `United States' includes any possession of the United States. ``(2) Production attributable to the taxpayer.--In the case of a facility in which more than 1 person has an ownership interest, except to the extent provided in regulations prescribed by the Secretary, production from the facility shall be allocated among such persons in proportion to their respective ownership interests in the gross sales from such facility. ``(3) Related persons.--Persons shall be treated as related to each other if such persons would be treated as a single employer under the regulations prescribed under section 52(b). In the case of a corporation which is a member of an affiliated group of corporations filing a consolidated return, such corporation shall be treated as selling fuel to an unrelated person if such fuel is sold to such a person by another member of such group. ``(4) Pass-thru in the case of estates and trusts.--Under regulations prescribed by the Secretary, rules similar to the rules of subsection (d) of section 52 shall apply. ``(5) Allocation of credit to patrons of agricultural cooperative.-- ``(A) Election to allocate.-- ``(i) In general.--In the case of an eligible cooperative organization, any portion of the credit determined under subsection (a) for the taxable year may, at the election of the organization, be apportioned among patrons of the organization on the basis of the amount of business done by the patrons during the taxable year. ``(ii) Form and effect of election.--An election under clause (i) for any taxable year shall be made on a timely filed return for such year. Such election, once made, shall be irrevocable for such taxable year. Such election shall not take effect unless the organization designates the apportionment as such in a written notice mailed to its patrons during the payment period described in section 1382(d). ``(B) Treatment of organizations and patrons.--The amount of the credit apportioned to any patrons under subparagraph (A)-- ``(i) shall not be included in the amount determined under subsection (a) with respect to the organization for the taxable year, and ``(ii) shall be included in the amount determined under subsection (a) for the first taxable year of each patron ending on or after the last day of the payment period (as defined in section 1382(d)) for the taxable year of the organization or, if earlier, for the taxable year of each patron ending on or after the date on which the patron receives notice from the cooperative of the apportionment. ``(C) Special rules for decrease in credits for taxable year.--If the amount of the credit of a cooperative organization determined under subsection (a) for a taxable year is less than the amount of such credit shown on the return of the cooperative organization for such year, an amount equal to the excess of-- ``(i) such reduction, over ``(ii) the amount not apportioned to such patrons under subparagraph (A) for the taxable year, shall be treated as an increase in tax imposed by this chapter on the organization. Such increase shall not be treated as tax imposed by this chapter for purposes of determining the amount of any credit under this chapter. ``(D) Eligible cooperative defined.--For purposes of this section the term `eligible cooperative' means a cooperative organization described in section 1381(a) which is owned more than 50 percent by agricultural producers or by entities owned by agricultural producers. For this purpose an entity owned by an agricultural producer is one that is more than 50 percent owned by agricultural producers.''. (2) Conforming amendments.-- (A) Section 38(b), as amended by section 101, is amended (i) in paragraph (33), by striking ``plus'' at the end, (ii) in paragraph (34), by striking the period at the end and inserting ``, plus'', and (iii) by adding at the end the following new paragraph: ``(35) the clean fuel production credit determined under section 45V(a).''. (B) The table of sections for subpart D of part IV of subchapter A of chapter 1, as amended by section 101, is amended by adding at the end the following new item: ``Sec. 45V. Clean fuel production credit.''. (C) Section 4101(a)(1) is amended by inserting ``every person producing a fuel eligible for the clean fuel production credit (pursuant to section 45V),'' after ``section 6426(b)(4)(A)),''. (3) Effective date.--The amendments made by this section shall apply to transportation fuel produced after December 31, 2022. (b) Sustainable Aviation Fuel Credit.-- (1) In general.--Subpart D of part IV of subchapter A of chapter 1 is amended by inserting after section 40A the following new section: ``SEC. 40B. SUSTAINABLE AVIATION FUEL CREDIT. ``(a) In General.-- ``(1) Credit amount.--For purposes of section 38, the sustainable aviation fuel credit for the taxable year is, with respect to any sale or use of a qualified mixture which occurs during such taxable year, an amount equal to the product of-- ``(A) the number of gallons of sustainable aviation fuel in such mixture, multiplied by ``(B) the sum of-- ``(i) $1.50, plus ``(ii) the applicable supplementary credit amount with respect to the sustainable aviation fuel. ``(2) Applicable supplementary credit amount.-- ``(A) In general.--For purposes of this section, the applicable supplementary credit amount means, with respect to any sustainable aviation fuel, an amount equal to $0.01 for every percentage point by which the lifecycle greenhouse gas emissions reduction percentage with respect to such fuel exceeds 50 percent. ``(B) Limitation.--In no event shall the applicable supplementary credit amount exceed $0.50. ``(b) Qualified Mixture.--For purposes of this section-- ``(1) In general.--The term `qualified mixture' means a mixture of sustainable aviation fuel and kerosene if-- ``(A) such mixture is produced in the United States by a taxpayer, and ``(B) such mixture is-- ``(i) sold for use in an aircraft, or ``(ii) used by the taxpayer in an aircraft. ``(2) Sale or use must be in trade or business, etc.-- Sustainable aviation fuel used in the production of a qualified mixture shall be taken into account-- ``(A) only if the sale or use described in paragraph (1) is in a trade or business of the taxpayer, and ``(B) for the taxable year in which such sale or use occurs. ``(3) Fueling must be in the united states.--A qualified mixture shall not be treated as used or sold for use in an aircraft unless the transfer of such mixture to the fuel tank of such aircraft occurs in the United States. ``(4) United states.--For purposes of this subsection, the term `United States' includes any possession of the United States. ``(c) Sustainable Aviation Fuel.--For purposes of this section, the term `sustainable aviation fuel' means liquid fuel-- ``(1) which-- ``(A) consists of synthesized hydrocarbons, ``(B) meets the requirements of-- ``(i) ASTM International Standard D7566, or ``(ii) the Fischer Tropsch provisions of ASTM International Standard D1655, Annex A1, ``(C) is derived from-- ``(i) biomass (as such term is defined in section 45K(c)(3)), or ``(ii) electrolysis powered by renewable energy resources, or ``(iii) carbon oxides captured from an industrial source or from the ambient air, and ``(D) is not derived from palm fatty acid distillates, and ``(2) which has been certified by the producer of such fuel in accordance with subsection (d) as having lifecycle greenhouse gas emissions that are equal to or less than 50 percent of the lifecycle greenhouse gas emissions for petroleum-based jet fuel. ``(d) Certification Requirements.--A certification meet the requirements of this subsection if such certification is based on a method which-- ``(1) demonstrates that the fuel conforms with-- ``(A) the sustainability criteria of the Carbon Offsetting and Reduction Scheme for International Aviation, and ``(B) the traceability and information transmission requirements approved by the International Civil Aviation Organization with the agreement of the United States, ``(2) takes into account all elements used to determine lifecycle emissions by the International Civil Aviation Organization, and ``(3) is approved by-- ``(A) the International Civil Aviation Organization, or ``(B) the Secretary and Administrator of the Environmental Protection Agency. ``(e) Time Limit for Adoption of New Sustainable Aviation Fuel Emissions Reduction Test.--For purposes of subparagraph (B) of subsection (d)(3), the Secretary and the Administrator of the Environmental Protection Agency shall, within 24 months after the date of the enactment of this section, adopt at least one method for testing lifecycle greenhouse gas emissions that meets the requirements of such subsection. ``(f) Certification of Sustainable Aviation Fuel.--No credit shall be allowed under this section with respect to any sustainable aviation fuel unless the taxpayer obtains a certification (in such form and manner as prescribed by the Secretary) from the producer or importer of the sustainable aviation fuel which identifies the product produced and the percentage of sustainable aviation fuel in the product. ``(g) Termination.--This section shall not apply to any sale or use after December 31, 2022.''. (2) Credit made part of general business credit.-- Section 38(b), as amended by this Act, is amended-- (A) in paragraph (34), by striking ``plus'' at the end, (B) in paragraph (35), by striking the period at the end and inserting ``, plus'', and (C) by adding at the end the following new paragraph: ``(36) the sustainable aviation fuel credit determined under section 40B.''. (3) Coordination with renewable diesel.-- (A) In general.--Section 40A(f) is amended by striking paragraph (4). (B) Other coordination rules.-- (i) The last sentence of section 40A(d)(1) is amended by inserting ``or 40B'' after ``40''. (ii) The second sentence of section 40A(f)(3) is amended by inserting ``or 40B'' after ``40''. (C) Regulations.--Under rules prescribed by the Secretary of the Treasury (or the Secretary's delegate), the amount of the credit allowed under section 40B of the Internal Revenue Code of 1986 (as added by this subsection) shall be properly reduced to take into account any benefit provided with respect to sustainable aviation fuel (as defined in such section 40B) by reason of the application of section 6426 or section 6427(e). (4) Effective date.-- (A) In general.--The amendments made by this subsection shall apply to taxable years ending after the date of the enactment of this Act. (B) Special rule.--The Secretary of the Treasury (or the Secretary's delegate) shall establish rules for the application of the amendments made by paragraph (3)(A) with respect to credits under section 6426 and payments under section 6427(e) for calendar quarters ending after the date of the enactment of this Act and before the last taxable year of a taxpayer which ends after such date of enactment. SEC. 202. TRANSPORTATION ELECTRIFICATION. (a) Alternative Motor Vehicle Credit for Fuel Cell Motor Vehicles.-- (1) In general.--Section 30B(k) is amended-- (A) by striking paragraph (1), and (B) by redesignating paragraphs (2) through (4) as paragraphs (1) through (3), respectively. (2) Phaseout.--Section 30B is amended by adding at the end the following: ``(l) Credit Phase-out for New Qualified Fuel Cell Motor Vehicles.-- ``(1) In general.--Following a determination by the Secretary and the Secretary of Transportation that total annual sales of new qualified fuel cell motor vehicles and new qualified plug-in electric drive motor vehicles (as defined in section 30D(d)(1)) in the United States are greater than 50 percent of total annual sales of new passenger vehicles in the United States, the amount of the new qualified fuel cell motor vehicle credit under this section for any new qualified fuel cell motor vehicle purchased during a calendar year described in paragraph (2) shall be equal to the product of-- ``(A) the amount of the credit determined under subsection (b) without regard to this subsection, multiplied by ``(B) the phase-out percentage under paragraph (2). ``(2) Phase-out percentage.--The phase-out percentage under this paragraph is equal to-- ``(A) for a vehicle purchased during the first calendar year following the calendar year in which the determination described in paragraph (1) is made, 100 percent, ``(B) for a vehicle purchased during the second calendar year following such determination year, 75 percent, ``(C) for a vehicle purchased during the third calendar year following such determination year, 50 percent, and ``(D) for a vehicle purchased during any calendar year subsequent to the year described in subparagraph (C), 0 percent.''. (3) Effective date.--The amendments made by this subsection shall apply to property purchased after December 31, 2021. (b) Alternative Fuel Vehicle Refueling Property Credit.-- (1) Credit phase-out.--Section 30C is amended by striking subsection (g) and inserting the following: ``(g) Credit Phase-out.-- ``(1) In general.--Following a determination by the Secretary, the Secretary of Transportation, and the Administrator of the Environmental Protection Agency under section 45V(d)(1) that the greenhouse gas emissions from the transportation of persons and goods annually in the United States are equal to or less than 25 percent of the greenhouse gas emissions from the transportation of persons and goods in the United States during calendar year 2021, the amount of the credit under this section for any qualified alternative fuel vehicle refueling property placed in service during a calendar year described in paragraph (2) shall be equal to the product of-- ``(A) the amount of the credit allowed under subsection (a) (as determined without regard to this subsection), multiplied by ``(B) the phase-out percentage under paragraph (2). ``(2) Phase-out percentage.--The phase-out percentage under this paragraph is equal to-- ``(A) for any property placed in service during the first calendar year following the calendar year in which the determination described in paragraph (1) is made, 100 percent, ``(B) for any property placed in service during the second calendar year following such determination year, 75 percent, ``(C) for any property placed in service during the third calendar year following such determination year, 50 percent, and ``(D) for any property placed in service during any calendar year subsequent to the year described in subparagraph (C), 0 percent.''. (2) Modification.-- (A) In general.--Section 30C(b) is amended-- (i) by striking ``with respect to all qualified alternative fuel vehicle refueling property placed in service by the taxpayer during the taxable year at a location'' and inserting ``with respect to any single item of qualified alternative fuel vehicle refueling property placed in service by the taxpayer during the taxable year'', and (ii) in paragraph (1), by striking ``$30,000'' and inserting ``$200,000''. (B) Effective date.--The amendments made by this paragraph shall apply to property placed in service after December 31, 2021. (3) Additional modification.-- (A) In general.--Section 30C, as amended by paragraphs (1) and (2), is amended-- (i) in subsection (c)(2)-- (I) in subparagraph (A), by striking ``one or more'' and all that follows through the period and inserting the following: ``hydrogen or any transportation fuel for which the clean fuel production credit is allowed under section 45V with respect to the production and sale of such fuel.'', and (II) by striking subparagraph (B) and inserting the following: ``(B) Any mixture-- ``(i) which consists of-- ``(I) any transportation fuel-- ``(aa) for which the clean fuel production credit is allowed under section 45V with respect to the production and sale of such fuel, and ``(bb) which is a liquid fuel, and ``(II) any taxable fuel (as defined in section 4083(a)(1)), and ``(ii) at least 20 percent of the volume of which consists of fuel described in clause (i)(I).'', and (ii) in subsection (e), by adding at the end the following: ``(7) Wage requirements.-- ``(A) In general.--The term `qualified alternative fuel vehicle refueling property' shall not include any property which fails to satisfy-- ``(i) subject to clause (ii) of subparagraph (B), the requirements under clause (i) of such subparagraph, and ``(ii) with respect to the construction of such property, the requirements under section 501 of the Clean Energy for America Act. ``(B) Requirements.-- ``(i) In general.--The requirements described in this clause with respect to any property are that the taxpayer shall ensure that any laborers and mechanics employed by contractors and subcontractors in the construction of such property are to be paid wages at rates not less than the prevailing rates for construction of a similar character in the locality as determined by the Secretary of Labor, in accordance with subchapter IV of chapter 31 of title 40, United States Code. ``(ii) Correction and penalty related to failure to satisfy wage requirements.--In the case of any taxpayer which fails to satisfy the requirement under clause (i) with respect to any property, rules similar to the rules of section 45U(b)(3)(B)(ii) shall apply for purposes of this subparagraph.''. (B) Effective date.--The amendments made by this paragraph shall apply to property placed in service after December 31, 2022. (c) Electric Vehicles.-- (1) 2- and 3-wheeled plug-in electric vehicles.-- (A) In general.--Section 30D(g)(3)(E) is amended by striking clause (ii) and inserting the following: ``(ii) after December 31, 2014.''. (B) Effective date.--The amendments made by this paragraph shall apply to vehicles acquired after December 31, 2020. (2) Elimination on limitation on number of vehicles eligible for credit.-- (A) In general.--Section 30D is amended by striking subsection (e). (B) Effective date.--The amendment made by this paragraph shall apply to vehicles sold after May 24, 2021. (3) Making new qualified plug-in electric drive motor vehicle credit refundable for individuals.-- (A) In general.--The Internal Revenue Code of 1986 is amended-- (i) by redesignating section 30D as section 36C, and (ii) by moving section 36C (as so redesignated) from subpart A of part IV of subchapter A of chapter 1 to the location immediately before section 37 in subpart C of part IV of subchapter A of chapter 1. (B) Conforming amendments.-- (i) Section 36C, as amended by paragraph (2) and as redesignated and moved by subparagraph (A), is amended-- (I) in subsection (a), by striking ``There shall be allowed'' and inserting ``In the case of an individual, there shall be allowed'', (II) by striking subsection (c), (III) by redesignating subsections (d), (f), and (g) as subsections (c), (d), and (e), respectively, (IV) in subsection (d), as so redesignated-- (aa) by striking ``(determined without regard to subsection (c))'' each place it appears, and (bb) by striking paragraph (3), and (V) in subsection (e)(3)(B), as so redesignated, by striking ``subsection (d)(1)'' and inserting ``subsection (c)(1)''. (ii) Subsection (l)(1) of section 30B, as added by subsection (a)(2), is amended by striking ``section 30D(d)(1)'' and inserting ``section 36C(c)(1)''. (iii) Paragraph (37) of section 1016(a) is amended by striking ``section 30D(f)(1)'' and inserting ``section 36C(d)(1)''. (iv) Section 6501(m) is amended by striking ``30D(e)(4)'' and inserting ``36C(d)(6)''. (v) Section 166(b)(5)(A)(ii) of title 23, United States Code, is amended by striking ``section 30D(d)(1)'' and inserting ``section 36C(c)(1)''. (vi) The table of sections for subpart C of part IV of subchapter A of chapter 1 is amended by inserting after the item relating to section 36B the following new item: ``Sec. 36C. New qualified plug-in electric drive motor vehicles.''. (C) Effective date.--The amendments made by this paragraph shall apply to vehicles acquired after December 31, 2021. (4) VIN requirement.-- (A) In general.--Section 36C(c)(1), as redesignated and moved by paragraph (3), is amended-- (i) in subparagraph (E), by striking ``and'' at the end, (ii) in subparagraph (F)(ii), by striking the period at the end and inserting ``, and'', and (iii) by adding at the end the following: ``(G) for which the taxpayer has provided the vehicle identification number on the return of tax for the taxable year, unless, in accordance with applicable rules promulgated by the Secretary of Transportation, the vehicle is not assigned such a number.''. (B) Mathematical or clerical error.--Section 6213(g)(2) is amended-- (i) in subparagraph (P), by striking ``and'' at the end, (ii) in subparagraph (Q), by striking the period at the end and inserting ``, and'', and (iii) by adding at the end the following: ``(R) an omission of a correct vehicle identification number required under section 36C(c)(1)(G) (relating to credit for new qualified plug-in electric drive motor vehicles) to be included on a return, or the inclusion of any information with respect to the credit under section 36C which is inconsistent with the report provided under section 36C(g).''. (C) Effective date.--The amendments made by this paragraph shall apply to vehicles acquired after December 31, 2021. (5) Phaseout.--Section 36C, as redesignated, moved, and amended by the preceding paragraphs of this subsection, is amended by adding at the end the following: ``(f) Credit Phase-out.-- ``(1) In general.--Following a determination by the Secretary and the Secretary of Transportation that total annual sales of new qualified fuel cell motor vehicles (as defined in section 30B(b)(3)) and new qualified plug-in electric drive motor vehicles in the United States are greater than 50 percent of total annual sales of new passenger vehicles in the United States, the amount of the credit allowed under this section for any new qualified plug-in electric drive motor vehicle sold or qualified 2- or 3-wheeled plug-in electric vehicle acquired during a calendar year described in paragraph (2) shall be equal to the product of-- ``(A) the amount of the credit determined under subsection (a) without regard to this subsection, multiplied by ``(B) the phase-out percentage under paragraph (2). ``(2) Phase-out percentage.--The phase-out percentage under this paragraph is equal to-- ``(A) for a vehicle sold or acquired during the first calendar year following the calendar year in which the determination described in paragraph (1) is made, 100 percent, ``(B) for a vehicle sold or acquired during the second calendar year following such determination year, 75 percent, ``(C) for a vehicle sold or acquired during the third calendar year following such determination year, 50 percent, and ``(D) for a vehicle sold or acquired during any calendar year subsequent to the year described in subparagraph (C), 0 percent.''. (6) Credit increase.-- (A) In general.--Subsection (b) of section 36C, as redesignated and moved by the preceding paragraphs of this subsection, is amended-- (i) by adding at the end the following new paragraphs: ``(4) Vehicles produced by labor organization facility.--In the case of a vehicle the final assembly of which is at a facility whose production workers are members of or represented by a labor organization, the amount determined under this paragraph is $2,500. ``(5) Assembly in united states.--In the case of a vehicle-- ``(A) the final assembly of which is at a facility which is located in the United States, and ``(B) which is acquired before January 1, 2026, the amount determined under this paragraph is $2,500.'', (ii) by striking ``is $2,500.'' in paragraph (2) and inserting ``is-- ``(i) $2,500, in the case of a vehicle sold before January 1, 2026, and ``(ii) $5,000, in the case of a vehicle sold after December 31, 2025.'' and (iii) by striking ``paragraphs (2) and (3)'' in paragraph (1) and inserting ``paragraphs (2), (3), (4), and (5)''. (B) Effective date.--The amendments made by this paragraph shall apply to vehicles acquired after December 31, 2021. (7) Limitation based on place of assembly.-- (A) In general.--Paragraph (1) of section 36C(c), as redesignated, moved, and amended by the preceding paragraphs of this subsection, is further amended-- (i) by striking ``and'' at the end of subparagraph (F)(ii), (ii) by striking the period at the end of subparagraph (G) and inserting ``, and'', and (iii) by adding at the end the following new subparagraph: ``(H) in the case of a vehicle sold after December 31, 2025, the final assembly of which is at a facility which is located in the United States.''. (B) Effective date.--The amendments made by this paragraph shall apply to vehicles acquired after December 31, 2021. (8) Limitation based on manufacturer's suggested retail price.-- (A) In general.--Paragraph (1) of section 36C(c), as redesignated, moved, and amended by the preceding paragraphs of this subsection, is further amended-- (i) by striking ``and'' at the end of subparagraph (G), (ii) by striking the period at the end of subparagraph (H) and inserting ``, and'', and (iii) by adding at the end the following new subparagraph: ``(I) the manufacturer's suggested retail price for which is not in excess of $80,000.''. (B) Effective date.--The amendments made by this paragraph shall apply to vehicles acquired after December 31, 2021. (9) Reporting requirement.-- (A) In general.--Section 36C, as redesignated, moved, and amended by the preceding paragraphs of this subsection, is further amended by adding at the end the following new subsection: ``(g) Reporting Requirement.--The person who sells or leases any new qualified plug-in electric drive motor vehicle to the taxpayer shall furnish a report to the taxpayer and to the Secretary, at such time and in such manner as the Secretary shall provide, containing-- ``(1) the taxpayer's name and taxpayer identification number, ``(2) the vehicle identification number of the vehicle, unless, in accordance with applicable rules promulgated by the Secretary of Transportation, the vehicle is not assigned such a number, ``(3) the battery capacity of the vehicle, ``(4) verification that original use of the vehicle commences with the taxpayer, and ``(5) the maximum credit under this section allowable to the taxpayer with respect to the vehicle.''. (B) Effective date.--The amendments made by this paragraph shall apply to vehicles acquired after December 31, 2021. (10) Limitation to non-business vehicles.-- (A) In general.--Paragraph (1) of section 36C(c), as redesignated, moved, and amended by the preceding paragraphs of this subsection, is further amended-- (i) by striking ``and'' at the end of subparagraph (H), (ii) by striking the period at the end of subparagraph (I) and inserting ``, and'', and (iii) by adding at the end the following new subparagraph: ``(J) which is not of a character subject to the allowance for depreciation.''. (B) Effective date.--The amendments made by this paragraph shall apply to vehicles acquired after December 31, 2021. (11) Qualified commercial electric vehicles.-- (A) In general.--Subpart D of part IV of subchapter A of chapter 1, as amended by sections 101 and 201, is amended by adding at the end the following new section: ``SEC. 45W. CREDIT FOR QUALIFIED COMMERCIAL ELECTRIC VEHICLES. ``(a) In General.--For purposes of section 38, the qualified commercial electric vehicle credit for any taxable year is an amount equal to the sum of the credit amounts determined under subsection (b) with respect to each qualified commercial electric vehicle placed in service by the taxpayer during the taxable year. ``(b) Per Vehicle Amount.-- ``(1) In general.--The amount determined under this subsection with respect to any qualified commercial electric vehicle shall be equal to the lesser of-- ``(A) 30 percent of the basis of such vehicle, or ``(B) the incremental cost of such vehicle. ``(2) Incremental cost.-- ``(A) In general.--For purposes of paragraph (1)(B), the incremental cost of any qualified commercial electric vehicle is an amount equal to the excess of the purchase price for such vehicle over such price for a comparable vehicle. ``(B) Comparable vehicle.--For purposes of this paragraph, the term `comparable vehicle' means, with respect to any qualified commercial electric vehicle, any vehicle which is powered solely by a gasoline or diesel internal combustion engine and which is comparable in weight, size, and use to such vehicle. ``(C) Comparative price.-- For purposes of subparagraph (A), the Secretary and the Secretary of Transportation shall publish an annual list of prices of various types and classes of commercial vehicles described in subparagraph (B). ``(3) Exclusion.--For purposes of paragraph (1)(A), the basis of any qualified commercial electric vehicle which is a qualified electric transportation option shall not include any cost relating to any component or feature which-- ``(A) is not integral to the vehicle, or ``(B) does not contribute to improving the efficiency or range of the electric propulsion of the vehicle. ``(c) Qualified Commercial Electric Vehicle.--For purposes of this section-- ``(1) In general.--The term `qualified commercial electric vehicle' means-- ``(A) any vehicle which-- ``(i) meets the requirements of subparagraphs (A), (B), (C), (D), and (G) of section 36C(c)(1), ``(ii) is primarily propelled by an electric motor which draws electricity from a battery which-- ``(I) has a capacity of not less than 10 kilowatt hours, and ``(II) is capable of being recharged from an external source of electricity, and ``(iii) is of a character subject to the allowance for depreciation, and ``(B) any qualified electric transportation option. ``(2) Qualified electric transportation option.-- ``(A) In general.--The term `qualified electric transportation option' means any vehicle used in any manner of transportation-- ``(i) the original use of which commences with the taxpayer, ``(ii) which is acquired for use or lease by the taxpayer and not for resale, ``(iii) which is capable of moving passengers, cargo, or property, ``(iv) which is powered by an integrated, on-board electric propulsion system which-- ``(I) is the primary source of propulsion, ``(II) is capable of powering the vehicle (including any of its components and accessories) for not less than \2/3\ of the maximum operating period between recharging or refueling of such vehicle, and ``(III) in the case of a vehicle which derives any of its power from the on-board combustion of a fuel, uses a renewable fuel, ``(v) which was manufactured for sale in commercial quantities with a reasonable expectation of profit, ``(vi) which is in compliance with any applicable safety or air quality standards, as determined by the Secretary, the Secretary of Transportation, the Secretary of Homeland Security, and the Administrator of the Environmental Protection Agency, and ``(vii) which is of a character subject to the allowance for depreciation. ``(B) On-board electric propulsion system.--For purposes of this paragraph, the term `on-board electric propulsion system' means-- ``(i) 1 or more on-board traction batteries which-- ``(I) are integrated or swappable, and ``(II) have an aggregate capacity (as defined in subsection (d)(4)) of not less than 10 kilowatt hours, or ``(ii) an on-board power source other than a battery with an electrical output capacity equivalent of not less than 10 kilowatt hours, as determined by the Secretary. ``(C) Renewable fuel.--For purposes of this paragraph, the term `renewable fuel' means any fuel at least 85 percent of the volume of which consists of one or more of the following: ``(i) Ethanol. ``(ii) Biodiesel (as defined in section 40A(d)(1)). ``(iii) Advanced biofuel (as defined in section 211(o)(1)(B) of the Clean Air Act (42 U.S.C. 7545(o)(1)(B))). ``(iv) Renewable natural gas. ``(v) Hydrogen. ``(d) Special Rules.-- ``(1) In general.--Rules similar to the rules under subsection (d) of section 36C shall apply for purposes of this section. ``(2) Property used by tax-exempt entity.--In the case of a vehicle the use of which is described in paragraph (3) or (4) of section 50(b) and which is not subject to a lease, the person who sold such vehicle to the person or entity using such vehicle shall be treated as the taxpayer that placed such vehicle in service, but only if such person clearly discloses to such person or entity in a document the amount of any credit allowable under subsection (a) with respect to such vehicle. ``(e) Credit Phase-out.-- ``(1) In general.--Following a determination by the Secretary and the Secretary of Transportation that total annual sales of qualified commercial electric vehicles in the United States are greater than 50 percent of total annual sales of new commercial vehicles in the United States, the amount of the credit allowed under this section for any qualified commercial electric vehicle acquired during a calendar year described in paragraph (2) shall be equal to the product of-- ``(A) the amount of the credit determined under subsection (a) without regard to this subsection, multiplied by ``(B) the phase-out percentage under paragraph (2). ``(2) Phase-out percentage.--The phase-out percentage under this paragraph is equal to-- ``(A) for a vehicle acquired during the first calendar year following the calendar year in which the determination described in paragraph (1) is made, 100 percent, ``(B) for a vehicle acquired during the second calendar year following such determination year, 75 percent, ``(C) for a vehicle acquired during the third calendar year following such determination year, 50 percent, and ``(D) for a vehicle acquired during any calendar year subsequent to the year described in subparagraph (C), 0 percent. ``(f) Reporting Requirement.--The person who sells or leases any qualified commercial electric vehicle to the taxpayer shall furnish a report to the taxpayer and to the Secretary, at such time and in such manner as the Secretary shall provide, containing-- ``(1) the taxpayer's name and taxpayer identification number, ``(2) the vehicle identification number of the vehicle, unless, in accordance with applicable rules promulgated by the Secretary of Transportation, the vehicle is not assigned such a number, ``(3) the battery capacity of the vehicle, ``(4) verification that original use of the vehicle commences with the taxpayer, and ``(5) the maximum credit under this section allowable to the taxpayer with respect to the vehicle.''. (B) Mathematical or clerical error.--Section 6213(g)(2), as amended by paragraph (4), is further amended-- (i) in subparagraph (Q), by striking ``and'' at the end, (ii) in subparagraph (R), by striking the period at the end and inserting ``, and'', and (iii) by adding at the end the following: ``(S) the inclusion of any information for purposes of the credit under section 45W which is inconsistent with the report provided under section 45W(f).''. (C) Conforming amendments.-- (i) Section 38(b), as amended by section 201, is further amended by striking paragraph (30) and inserting the following: ``(30) the qualified commercial electric vehicle credit determined under section 45W,''. (ii) The table of sections for subpart D of part IV of subchapter A of chapter 1, as amended by sections 101 and 102, is amended by adding at the end the following new item: ``Sec. 45W. Qualified commercial electric vehicle credit.''. (D) Effective date.--The amendments made by this paragraph shall apply to vehicles acquired after December 31, 2021. (12) Certification by secretary.--No credit shall be allowed under section 36C or section 45W of the Internal Revenue Code of 1986 for any vehicle acquired after December 31, 2021, unless the Secretary of the Treasury certifies that no credit under either such section will be allowed with respect to any new qualified plug-in electric drive motor vehicle, any qualified 2- or 3-wheeled plug-in electric vehicle, or any qualified commercial electric vehicle the final assembly of which is in the People's Republic of China. SEC. 203. CREDIT FOR PRODUCTION OF CLEAN HYDROGEN. (a) In General.--Subpart D of part IV of subchapter A of chapter 1, as amended by sections 101, 201, and 202, is amended by adding at the end the following new section: ``SEC. 45X. CREDIT FOR PRODUCTION OF CLEAN HYDROGEN. ``(a) Amount of Credit.--For purposes of section 38, the clean hydrogen production credit for any taxable year is an amount equal to the product of-- ``(1) the applicable amount, multiplied by ``(2) the kilograms of qualified clean hydrogen-- ``(A) produced by the taxpayer at a qualified clean hydrogen production facility during the 10-year period beginning on the date the facility was placed in service, and ``(B) sold by the taxpayer to an unrelated person, or used by the taxpayer, during the taxable year. ``(b) Applicable Amount.-- ``(1) In general.--For purposes of subsection (a)(1), the applicable amount shall be an amount equal to the applicable percentage of $3.00. If any amount as determined under the preceding sentence is not a multiple of 0.1 cent, such amount shall be rounded to the nearest multiple of 0.1 cent. ``(2) Applicable percentage.--For purposes of paragraph (1), the term `applicable percentage' means-- ``(A) in the case of any qualified clean hydrogen which is produced through a process that, as compared to hydrogen produced by steam-methane reforming, achieves a percentage reduction in lifecycle greenhouse gas emissions which is less than 75 percent, 20 percent, ``(B) in the case of any qualified clean hydrogen which is produced through a process that, as compared to hydrogen produced by steam-methane reforming, achieves a percentage reduction in lifecycle greenhouse gas emissions which is not less than 75 percent and less than 85 percent, 25 percent, ``(C) in the case of any qualified clean hydrogen which is produced through a process that, as compared to hydrogen produced by steam-methane reforming, achieves a percentage reduction in lifecycle greenhouse gas emissions which is not less than 85 percent and less than 95 percent, 34 percent, and ``(D) in the case of any qualified clean hydrogen which is produced through a process that, as compared to hydrogen produced by steam-methane reforming, achieves a percentage reduction in lifecycle greenhouse gas emissions which is not less than 95 percent, 100 percent. ``(3) Inflation adjustment.--The $3.00 amount in paragraph (1) shall be adjusted by multiplying such amount by the inflation adjustment factor (as determined under section 45(e)(2), determined by substituting `2020' for `1992' in subparagraph (B) thereof) for the calendar year in which the sale or use of the qualified clean hydrogen occurs. If any amount as increased under the preceding sentence is not a multiple of 0.1 cent, such amount shall be rounded to the nearest multiple of 0.1 cent. ``(c) Credit Reduced for Grants, Tax-exempt Bonds, Subsidized Energy Financing, and Other Credits.--The amount of the credit determined under subsection (a) with respect to any qualified clean hydrogen production facility for any taxable year shall be reduced in a manner similar to the reduction applied under section 45(b)(3). ``(d) Definitions.--For purposes of this section-- ``(1) Lifecycle greenhouse gas emissions.--For purposes of this section, the term `lifecycle greenhouse gas emissions' has the same meaning given such term under subparagraph (H) of section 211(o)(1) of the Clean Air Act (42 U.S.C. 7545(o)(1)), as in effect on the date of enactment of this section. ``(2) Qualified clean hydrogen.-- ``(A) In general.--The term `qualified clean hydrogen' means hydrogen which is produced through a process that, as compared to hydrogen produced by steam-methane reforming of non-renewable natural gas, achieves a percentage reduction in lifecycle greenhouse gas emissions which is not less than 50 percent. ``(B) Exclusion.--The term `qualified clean hydrogen' shall not include any hydrogen for which a credit is allowed for the taxable year-- ``(i) under section 38 which is properly allocable to any credit determined under this part (other than this section), or ``(ii) under subchapter B of chapter 65 of subtitle F. ``(3) Qualified clean hydrogen production facility.-- ``(A) In general.--The term `qualified clean hydrogen production facility' means-- ``(i) a facility owned by the taxpayer-- ``(I) which produces qualified clean hydrogen which, with respect to any taxable year, is sold by the taxpayer to an unrelated person or used by the taxpayer, and ``(II) which-- ``(aa) subject to clause (ii) of subparagraph (B), satisfies the requirements under clause (i) of such subparagraph, and ``(bb) with respect to the construction of such facility, satisfies the requirements under section 501 of the Clean Energy for America Act, and ``(ii) in connection with any facility described in clause (i), any property used to convert feedstock to hydrogen, including any equipment or supporting facility which-- ``(I) accepts or receives feedstock, ``(II) conditions or stores feedstock or hydrogen, or ``(III) distributes or redistributes hydrogen. ``(B) Wage requirements.-- ``(i) In general.--The requirements described in this subparagraph with respect to any facility are that the taxpayer shall ensure that any laborers and mechanics employed by contractors and subcontractors in-- ``(I) the construction of such facility, or ``(II) for any year described in subsection (a)(2)(A) for which the credit under this section is claimed, the alteration or repair of such facility, shall be paid wages at rates not less than the prevailing rates for construction, alteration, or repair of a similar character in the locality as determined by the Secretary of Labor, in accordance with subchapter IV of chapter 31 of title 40, United States Code. ``(ii) Failure to satisfy wage requirements; correction and penalty.--In the case of any taxpayer which fails to satisfy the requirement under clause (i) with respect to the construction of any facility or the alteration or repair of such facility in any year during the period described in clause (i)(II), rules similar to the rules of clauses (i) and (ii) of section 45U(b)(3)(B) shall apply for purposes of this subparagraph. ``(4) Steam-methane reforming.--The term `steam-methane reforming' means a hydrogen production process in which high- temperature steam is used to produce hydrogen from natural gas, without carbon capture and sequestration. ``(e) Special Rules.-- ``(1) In general.--Rules similar to the rules of paragraphs (3) and (4) of section 45(e) shall apply for purposes of this section. ``(2) Production in the united states.--No credit shall be allowed under this section with respect to any qualified clean hydrogen which is produced outside of the United States (as defined in section 638(1) or any possession of the United States (as defined in section 638(2)). ``(f) Credit Phase-Out.-- ``(1) In general.--If the Secretary and the Administrator of the Environmental Protection Agency determine that the greenhouse gas emissions from the transportation of persons and goods annually in the United States are equal to or less than 25 percent of the greenhouse gas emissions from the transportation of persons and goods in the United States during calendar year 2021, the amount of the clean hydrogen production credit under this section shall be determined by substituting the applicable amount (as determined under paragraph (2)(A)) for the dollar amount in subsection (b)(1). ``(2) Applicable dollar amount.-- ``(A) In general.--The applicable amount for any taxable year described in subparagraph (B) shall be an amount equal to the product of-- ``(i) the dollar amount in paragraphs (1) of subsection (b) (as adjusted by paragraph (3) of such subsection), multiplied by ``(ii) the phase-out percentage under subparagraph (B). ``(B) Phase-out percentage.--The phase-out percentage under this subparagraph is equal to-- ``(i) for any taxable year beginning in the first calendar year following the calendar year in which the determination described in paragraph (1) is made, 100 percent, ``(ii) for any taxable year beginning in the second calendar year following such determination year, 75 percent, ``(iii) for any taxable year beginning in the third calendar year following such determination year, 50 percent, and ``(iv) for any taxable year beginning in any calendar year subsequent to the year described in clause (iii), 0 percent. ``(g) Guidance.--Not later than 1 year after the date of enactment of this section, the Secretary, the Secretary of Energy, and Administrator of the Environmental Protection Agency shall publish guidance prescribing methods for determining the credit based on lifecycle greenhouse gas emissions.''. (b) Conforming Amendments.-- (1) Section 38(b) of the Internal Revenue Code of 1986, as amended by section 101, 201, and 202, is amended-- (A) in paragraph (35), by striking ``plus'' at the end, (B) in paragraph (36), by striking the period at the end and inserting ``, plus'', and (C) by adding at the end the following new paragraph: ``(37) the clean hydrogen production credit determined under section 45X(a).''. (2) The table of sections for subpart D of part IV of subchapter A of chapter 1, as amended by sections 101, 201, and 202, is amended by adding at the end the following new item: ``Sec. 45X. Clean hydrogen production credit.''. (c) Effective Date.--The amendments made by this section shall apply to hydrogen used or sold after December 31, 2020. SEC. 204. TEMPORARY EXTENSIONS OF EXISTING FUEL INCENTIVES. (a) Second Generation Biofuel Producer Credit.-- (1) In general.--Section 40(b)(6)(J)(i) is amended by striking ``2022'' and inserting ``2023''. (2) Effective date.--The amendments made by this subsection shall apply to qualified second generation biofuel production after December 31, 2021. (b) Credit for Alternative Fuel Mixtures.-- (1) In general.--Section 6426 is amended-- (A) in subsection (d)-- (i) in paragraph (2)(D), by striking ``liquefied'', and (ii) in paragraph (5), by striking ``2021'' and inserting ``2022'', and (B) in subsection (e)-- (i) in paragraph (2), by inserting ``nonliquid hydrogen or'' before ``a fuel described'', and (ii) in paragraph (3), by striking ``2021'' and inserting ``2022''. (2) Effective date.--The amendments made by this subsection shall apply to fuel sold or used after December 31, 2021. (c) Alternative Fuels.-- (1) In general.--Section 6427(e)(6)(C) is amended by striking ``2021'' and inserting ``2022''. (2) Effective date.--The amendments made by this subsection shall apply to fuel sold or used after December 31, 2021. TITLE III--INCENTIVES FOR ENERGY EFFICIENCY SEC. 301. CREDIT FOR NEW ENERGY EFFICIENT RESIDENTIAL BUILDINGS. (a) In General.--Section 45L is amended to read as follows: ``SEC. 45L. NEW ENERGY EFFICIENT HOME CREDIT. ``(a) Allowance of Credit.--For purposes of section 38, in the case of an eligible contractor, the new energy efficient home credit for the taxable year is the applicable amount for each qualified residence which is-- ``(1) constructed by the eligible contractor, and ``(2) acquired by a person from such eligible contractor for use as a residence during the taxable year. ``(b) Applicable Amount.-- ``(1) In general.--For purposes of subsection (a), the applicable amount shall be an amount equal to-- ``(A) in the case of a qualified residence described in subclause (I) of subsection (c)(3)(A)(iii), $2,500, and ``(B) in the case of a qualified residence described in subclause (II) of such subsection, $5,000. ``(2) Adjustment for inflation.-- ``(A) In general.--In the case of a taxable year beginning after 2022, the dollar amounts in paragraph (1) shall each be increased by an amount equal to-- ``(i) such dollar amount, multiplied by ``(ii) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year, determined by substituting `calendar year 2021' for `calendar year 2016' in subparagraph (A)(ii) thereof. ``(B) Rounding.--If any amount as increased under subparagraph (A) is not a multiple of $100, such amount shall be rounded to the nearest multiple of $100. ``(c) Definitions.--For purposes of this section: ``(1) Construction.--The term `construction' does not include substantial reconstruction or rehabilitation. ``(2) Eligible contractor.--The term `eligible contractor' means-- ``(A) the person who constructed the qualified residence, or ``(B) in the case of a qualified residence which is a manufactured home, the manufactured home producer of such residence. ``(3) Qualified residence.-- ``(A) In general.--The term `qualified residence' means a dwelling unit-- ``(i) located in the United States, ``(ii) the construction of which is substantially completed after the date of the enactment of this section, ``(iii) which is certified as satisfying the applicable national program requirements under-- ``(I) the Energy Star Residential New Construction program (or any successor program, as determined by the Secretary), as in effect on January 1 of the year in which construction of the dwelling unit begins, or ``(II) the Zero Energy Ready Home program (or any successor program, as determined by the Secretary), as in effect on January 1 of the year in which construction of the dwelling unit begins, and ``(iv) in the case of a multifamily dwelling unit, subject to clause (ii) of subparagraph (B), which satisfies the requirements under clause (i) of such subparagraph. ``(B) Wage requirements.-- ``(i) In general.--The requirements described in this clause with respect to any dwelling unit are that the eligible contractor shall ensure that any laborers and mechanics employed by such contractor and subcontractors in the construction of such dwelling unit shall be paid wages at rates not less than the prevailing rates for construction of a similar character in the locality as determined by the Secretary of Labor, in accordance with subchapter IV of chapter 31 of title 40, United States Code. ``(ii) Correction and penalty related to failure to satisfy wage requirements.--In the case of any taxpayer which fails to satisfy the requirement under clause (i) with respect to any dwelling unit, rules similar to the rules of section 45U(b)(3)(B)(ii) shall apply for purposes of this subparagraph. ``(C) Denial of double benefit.--The term `qualified residence' does not include any dwelling unit for which a deduction determined under section 179D is allowed for the taxable year in which the dwelling unit is acquired as provided in subsection (a)(2). ``(d) Certification.--A certification described in this section shall be made-- ``(1) by a third party which is accredited by a certification program approved by the Secretary and the Secretary of Energy, and ``(2) in accordance with-- ``(A) any applicable rules under the national program requirements of the Energy Star Residential New Construction or Zero Energy Ready Home programs, as in effect on the date on which construction of the dwelling unit begins, and ``(B) guidance prescribed by the Secretary and the Secretary of Energy. ``(e) Basis Adjustment.--For purposes of this subtitle, if a credit is allowed under this section in connection with any expenditure for any property (other than a qualified low-income building, as described in section 42(c)(2)), the increase in the basis of such property which would (but for this subsection) result from such expenditure shall be reduced by the amount of the credit so determined. ``(f) Coordination With Investment Credits.--For purposes of this section, expenditures taken into account under section 25D or 47 shall not be taken into account under this section.''. (b) Effective Date.--The amendment made by this section shall apply to any qualified residence acquired after December 31, 2021. SEC. 302. ENERGY EFFICIENT HOME IMPROVEMENT CREDIT. (a) In General.--Section 25C is amended to read as follows: ``SEC. 25C. ENERGY EFFICIENT HOME IMPROVEMENT CREDIT. ``(a) In General.--In the case of an individual, there shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to the lesser of-- ``(1) the sum of the applicable qualified property amounts for any qualified property placed in service by the individual during such taxable year, or ``(2) $1,500. ``(b) Applicable Qualified Property Amount.-- ``(1) In general.--For any qualified property, the applicable qualified property amount shall be equal to the lesser of-- ``(A) 30 percent of the amount paid or incurred by the individual for such qualified property (including any expenditures for labor costs properly allocable to the onsite preparation, assembly, or original installation of such property), or ``(B) $600. ``(2) Adjustment for inflation.-- ``(A) In general.--In the case of a taxable year beginning after 2022, each of the dollar amounts in paragraph (1)(B) (after application of subsection (c)(2)) and subsections (a)(2), (c)(2)(A), and (c)(2)(B)(i)(I) shall be increased by an amount equal to-- ``(i) such dollar amount, multiplied by ``(ii) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year, determined by substituting `calendar year 2021' for `calendar year 2016' in subparagraph (A)(ii) thereof. ``(B) Rounding.--If any amount as increased under subparagraph (A) is not a multiple of $10, such amount shall be rounded to the nearest multiple of $10. ``(c) Qualified Property.-- ``(1) In general.--The term `qualified property' means a furnace, boiler, condensing water heater, central air conditioning unit, heat pump, biomass property, or building envelope improvement which-- ``(A) except as provided in subparagraph (B), meets or exceeds the requirements of-- ``(i) the highest efficiency tier (not including any advanced tier) established by the Consortium for Energy Efficiency which are in effect at the time that the property is placed in service, or ``(ii) if no standard established by the Consortium for Energy Efficiency applies to such property, an equivalent standard as established by the Secretary and the Administrator of the Environmental Protection Agency, ``(B) in the case of a building envelope improvement-- ``(i) except as provided in clause (ii) or (iii), meets or exceeds the latest applicable requirements of the Energy Star program (or any successor program, as determined by the Secretary), as in effect on January 1 of the year in which the property is placed in service, ``(ii) in the case of a window treatment, meets or exceeds the applicable certification requirements for such product under the Attachments Energy Rating Council certification program, or ``(iii) in the case of insulation described in subsection (d)(2)(A), meets the prescriptive criteria for such material or system established by the International Energy Conservation Code, as such Code (including supplements) is in effect on January 1 of the calendar year in which such material or system is installed, ``(C) is installed according to applicable Air Conditioning Contractors of America Quality Installation standards which are in effect at the time that the property was placed in service, ``(D) is for use in a dwelling unit which is located in the United States and used as a residence by the individual, and ``(E) is reasonably expected to remain in service in such dwelling unit for not less than 5 years. ``(2) Special rules for certain heat pumps.-- ``(A) Air-source heat pumps.--In the case of any air-source heat pump which satisfies the requirements under paragraph (1), subsection (b)(1)(B) shall be applied by substituting `$800' for `$600'. ``(B) Ground source heat pump.-- ``(i) In general.--In the case of any qualified geothermal heat pump property which satisfies the requirements under subparagraphs (C) through (E) of paragraph (1)-- ``(I) subsection (b)(1)(B) shall be applied by substituting `$10,000' for `$600', and ``(II) subsection (a)(2) shall be applied without regard to the applicable qualified property amount for such property. ``(ii) Qualified geothermal heat pump property.--For purposes of this subparagraph, the term `qualified geothermal heat pump property' means any equipment which-- ``(I) uses the ground or ground water as a thermal energy source to heat a dwelling unit located in the United States and used as a residence by the taxpayer or as a thermal energy sink to cool such dwelling unit, and ``(II) meets the requirements of the Energy Star program which are in effect as of January 1 of the calendar year in which the expenditure for such equipment is made. ``(3) Special rule for insulation.--In the case of any building envelope improvement described in subsection (d)(2)(A) which satisfies the applicable requirements under paragraph (1), subsection (b)(1) shall be applied without regard to `the lesser of' and without regard to subparagraph (B). ``(d) Other Definitions.-- ``(1) Biomass property.-- ``(A) In general.--For purposes of this section, the term `biomass property' means any property which-- ``(i) uses the burning of biomass fuel to heat a dwelling unit or to heat water for use in a dwelling unit, and ``(ii) using the higher heating value, has a thermal efficiency of not less than 75 percent. ``(B) Biomass fuel.--For purposes of subparagraph (A), the term `biomass fuel' means any plant-derived fuel which is available on a renewable or recurring basis, including any such fuel which has been subject to a densification process (such as wood pellets). ``(2) Building envelope improvement.--For purposes of this section, the term `building envelope improvement' means-- ``(A) any insulation material or system, including air barrier insulation, which is specifically and primarily designed to reduce the heat loss or gain of a dwelling unit when installed in or on such dwelling unit, and ``(B) exterior doors and windows (including skylights). ``(3) Manufactured homes included.--For purposes of this section, the term `dwelling unit' includes a manufactured home which conforms to Federal Manufactured Home Construction and Safety Standards (part 3280 of title 24, Code of Federal Regulations). ``(e) Denial of Double Benefit.--No credit shall be allowed under subsection (a) for any amounts paid or incurred for which a deduction or credit is allowed under any other provision of this chapter.''. (b) Clerical Amendment.--The table of sections for subpart A of part IV of subchapter A of chapter 1 is amended by striking the item relating to section 25C and inserting after the item relating to section 25B the following item: ``25C. Energy efficient home improvement credit.''. (c) Effective Date.--The amendments made by this section shall apply to qualified property placed in service after December 31, 2021. SEC. 303. ENHANCEMENT OF ENERGY EFFICIENT COMMERCIAL BUILDINGS DEDUCTION. (a) Maximum Amount of Deduction.-- (1) In general.--Section 179D is amended-- (A) by striking subsection (b) and inserting the following: ``(b) Maximum Amount of Deduction.-- ``(1) In general.--The deduction under subsection (a) with respect to any building for any taxable year shall not exceed the excess (if any) of-- ``(A) the product of-- ``(i) the applicable dollar value, and ``(ii) the square footage of the building, over ``(B) the aggregate amount of the deductions under subsection (a) with respect to the building for the 3 years immediately preceding such taxable year. ``(2) Applicable dollar value.--For purposes of paragraph (1)(A)(i), the applicable dollar value shall be an amount equal to $2.50 increased (but not above $5.00) by $0.10 for each percentage point by which the total annual energy and power costs for the building are certified to be reduced by a percentage greater than 25 percent.'', and (B) in subsection (d)(1)(A)-- (i) by striking ``subsection (b)'' and inserting ``subsection (b)(2)'', and (ii) by striking ``$1.80'' and inserting ``$2.50''. (2) Inflation adjustment.--Section 179D(g) is amended to read as follows: ``(g) Inflation Adjustment.-- ``(1) In general.--In the case of a taxable year beginning after 2022, each dollar amount in subsection (b)(2) (and the $2.50 amount in subsection (d)(1)(A)) shall be increased by an amount equal to-- ``(A) such dollar amount, multiplied by ``(B) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting `calendar year 2021' for `calendar year 2016' in subparagraph (A)(ii) thereof. Any increase determined under the preceding sentence which is not a multiple of 10 cents shall be rounded to the nearest multiple of 10 cents. ``(2) Partial allowance.--In the case of a taxable year beginning after 2020, the $.60 amount in (d)(1)(A) shall be increased by an amount equal to-- ``(A) such dollar amount, multiplied by ``(B) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting `calendar year 2019' for `calendar year 2016' in subparagraph (A)(ii) thereof. Any increase determined under the preceding sentence which is not a multiple of 1 cent shall be rounded to the nearest cent.''. (b) Definition of Energy Efficient Building Property.-- (1) Energy reduction standard.--Section 179D(c)(1)(D) is amended by striking ``50 percent'' and inserting ``25 percent''. (2) Inclusion of multifamily buildings.-- (A) In general.--Subparagraph (B) of section 179D(c)(1) is amended to read as follows: ``(B) which is installed on or in any commercial building or multifamily building which is located within the United States,''. (B) Application of standards.--Subparagraph (D) of section 179D(c) is amended-- (i) by striking ``meets the minimum requirements of Reference Standard 90.1 using methods of calculation under subsection (d)(2)'' and inserting ``meets-- ``(i) in the case of any property within the scope of Reference Standard 90.1, the minimum requirements of Reference Standard 90.1 using methods of calculation under subsection (d)(2), and ``(ii) in the case of any other property, the minimum requirements of a comparable standard to Reference Standard 90.1 which shall be determined by the Secretary and the Secretary of Energy using methods of calculation under subsection (d)(2).''. (C) Definitions.--Subsection (c) of section 179D is amended by adding at the end the following new paragraphs: ``(3) Commercial building.--The term `commercial building' means a building with a primary use or purpose other than as residential housing. ``(4) Multifamily building.--The term `multifamily building' means a structure of 5 or more dwelling units with a primary use as residential housing, and includes such buildings owned and operated as a condominium, cooperative, or other common interest community.''. (3) Wage and workforce requirements.-- (A) In general.--Section 179D(c)(1), as amended by paragraph (2), is amended-- (i) in subparagraph (C)(iii), by striking ``and'' at the end, (ii) in subparagraph (D), by striking the period at the end and inserting ``, and'', and (iii) by adding at the end the following: ``(E) which satisfies the requirements-- ``(i) subject to subparagraph (B) of subsection (d)(7), under subparagraph (A) of such subsection, and ``(ii) with respect to the construction of such property, the requirements under section 501 of the Clean Energy for America Act.''. (B) Requirements.--Section 179(d) is amended by adding at the end the following new paragraph: ``(7) Wage requirements.-- ``(A) In general.--The requirements described in this subparagraph with respect to any property are that the taxpayer shall ensure that any laborers and mechanics employed by contractors and subcontractors in the construction of such property shall be paid wages at rates not less than the prevailing rates for construction of a similar character in the locality as determined by the Secretary of Labor, in accordance with subchapter IV of chapter 31 of title 40, United States Code. ``(B) Correction and penalty related to failure to satisfy wage requirements.--In the case of any taxpayer which fails to satisfy the requirement under subparagraph (A) with respect to any property, rules similar to the rules of section 45U(b)(3)(B)(ii) shall apply for purposes of this paragraph.''. (4) Election to use different standards for retrofits.-- Section 179D is amended by redesignating subsection (h) as subsection (i) and by inserting after subsection (g) the following new subsection: ``(h) Alternative Method for Energy Efficient Retrofit Building Property.-- ``(1) In general.--In the case of a taxpayer which elects (at such time and in such manner as the Secretary may provide) the application of this subsection with respect to any qualified building, the amount of the deduction allowed under subsection (a)-- ``(A) shall be determined-- ``(i) by substituting `energy usage intensity' for `total annual energy and power costs' in subsection (b)(2), and ``(ii) without regard to subsection (c)(1)(D), and ``(B) shall be allowed for the taxable year which includes the date of the qualifying final certification with respect to the qualified retrofit plan of such building in lieu of the taxable year in which the property is placed in service. ``(2) Qualified building.--For purposes of this subsection, the term `qualified building' means a commercial building or multifamily building-- ``(A) which is located in the United States, ``(B) with respect to which a qualified retrofit plan has been established, and ``(C) which was originally placed in service not less than 5 years before the establishment of the qualified retrofit plan with respect to such building. ``(3) Qualified retrofit plan.--For purposes of this subsection, the term `qualified retrofit plan' means a written plan prepared by a qualified professional which specifies specific modifications to a building which, in the aggregate, are expected to reduce such building's energy usage intensity by 25 percent or more in comparison to the baseline energy usage intensity of such building. Such plan shall provide for a qualified professional to-- ``(A) as of any date during the 1-year period ending on the date of the first certification described in subparagraph (B), certify the energy usage intensity of such building as of such date, ``(B) certify the status of property installed pursuant to such plan as meeting the requirements of subparagraphs (B) and (C) of subsection (c)(1), and ``(C) as of any date following completion of the plan, certify-- ``(i) the energy usage intensity of such building as of such date, and ``(ii) the portfolio manager score of such building as of such date. ``(4) Qualifying final certification.--For purposes of this subsection, the term `qualifying final certification' means, with respect to any qualified retrofit plan, the certification described in paragraph (3)(C) if-- ``(A) the energy usage intensity certified in such certification is not more than 75 percent of the baseline energy usage intensity of the building, and ``(B) the portfolio manager score certified in such certification is not less than 50. ``(5) Other definitions.--For purposes of this subsection-- ``(A) Baseline energy usage intensity.--The term `baseline energy usage intensity' means the energy usage intensity certified under paragraph (3)(A). ``(B) Portfolio manager score.--The term `portfolio manager score' means the score determined under the methodology (as in effect on the date of the enactment of this Act) developed by the Administrator of the Environmental Protection Agency for rating a building's energy efficiency for purposes of the Energy Star program. Modifications after the date of the enactment of this paragraph to such methodology shall be taken into account under this paragraph as provided by the Secretary and such Administrator. ``(C) Energy usage intensity.--The term `energy usage intensity' means energy usage intensity determined in accordance with such regulations or other guidance as the Secretary may provide and measured in British thermal units. ``(D) Qualified professional.--The term `qualified professional' means an individual who is a licenced architect or a licenced engineer and meets such other requirements as the Secretary may provide. ``(6) Certain rules not applicable.--Paragraphs (1), (5), and (6)(B) of subsection (d) shall not apply for purposes of this subsection.''. (c) Other Rules.-- (1) Allocation of deduction.--Section 179D(d)(4) is amended to read as follows: ``(4) Allocation of deduction.-- ``(A) In general.--In the case of energy efficient commercial building property installed on or in property owned by an eligible entity, the Secretary shall promulgate regulations to allow the allocation of the deduction to the person primarily responsible for designing the property in lieu of the owner of such property, with such person to be treated as the taxpayer for purposes of this section. ``(B) Eligible entity.--For purposes of this paragraph, the term `eligible entity' means-- ``(i) a Federal, State, or local government or a political subdivision thereof, ``(ii) an Indian tribe (as defined in section 45A(c)(6)), or ``(iii) an organization described in section 501(c) and exempt from tax under section 501(a).''. (2) Elimination of interim rule for lighting systems.-- Section 179D, as amended by subsections (a)(2) and (b)(4), is amended by striking subsection (f) and by redesignating subsections (g), (h), and (i) as subsections (f), (g), and (h), respectively. (3) Application to real estate investment trust earnings and profits.--Section 312(k)(3)(B) is amended-- (A) by striking ``For purposes of computing the earnings and profits of a corporation'' and inserting the following: ``(I) In general.--For purposes of computing the earnings and profits of a corporation, except as provided in clause (ii)'', and (B) by adding at the end the following new clause: ``(II) Special rule.--In the case of a corporation that is a real estate investment trust, any amount deductible under section 179D shall be allowed in the year in which the property giving rise to such deduction is placed in service.''. (d) Effective Date.--The amendments made by this section shall apply to any property placed in service after December 31, 2021. SEC. 304. ENHANCEMENT OF ENERGY CREDIT FOR GEOTHERMAL HEAT PUMPS. (a) In General.--Section 48(a) is amended-- (1) in paragraph (2)(A)(i)(III), by striking ``paragraph (3)(A)(ii)'' and inserting ``clause (ii) or (vii) of paragraph (3)(A)'', and (2) in paragraph (3)(A)(vii), by striking ``but only with respect to property the construction of which begins before January 1, 2024,''. (b) Effective Date.--The amendments made by this section shall apply to property the construction of which begins after December 31, 2021. TITLE IV--TERMINATION OF CERTAIN FOSSIL FUEL PROVISIONS SEC. 401. TERMINATION OF PROVISIONS RELATING TO OIL, GAS, AND OTHER MATERIALS. (a) Amortization of Geological and Geophysical Expenditures.-- Section 167(h) is amended by adding at the end the following new paragraph: ``(6) Termination.--This subsection shall not apply to any expenses paid or incurred during any taxable year beginning after the date of the enactment of the Clean Energy for America Act.''. (b) Alaska Natural Gas Pipelines.--Subparagraph (B) of section 168(i)(16) is amended to read as follows: ``(B) is-- ``(i)(I) placed in service after December 31, 2013, or ``(II) treated as placed in service on January 1, 2014, if the taxpayer who places such system in service before January 1, 2014, elects such treatment, and ``(ii) placed in service before the end of the calendar year in which the date of the enactment of the Clean Energy for America Act occurs.''. (c) Natural Gas Gathering Line.--Paragraph (17) of section 168(i) is amended-- (1) in subparagraph (A), by inserting ``which are placed in service before the end of the calendar year in which the date of the enactment of the Clean Energy for America Act occurs and are'' after ``pipe, equipment, and appurtenances'', and (2) in subparagraph (B), by inserting ``which are placed in service before the end of the calendar year in which the date of the enactment of the Clean Energy for America Act occurs and are'' after ``pipe, equipment, and appurtenances''. (d) Repeal of Deduction for Tertiary Injectants.--Subsection (c) of section 193 is amended-- (1) in paragraph (1), by striking ``or'' at the end, (2) in paragraph (2), by striking the period at the end and inserting ``, or'', and (3) by inserting at the end the following: ``(3) which is paid or incurred during any taxable year beginning after the date of the enactment of the Clean Energy for America Act.''. (e) Intangible Drilling and Development Costs.-- (1) In general.--Subsection (c) of section 263 is amended to read as follows: ``(c) Intangible Drilling and Development Costs in the Case of Oil and Gas Wells and Geothermal Wells.-- ``(1) In general.--Notwithstanding subsection (a), and except as provided in subsection (i), regulations shall be prescribed by the Secretary under this subtitle corresponding to the regulations which granted the option to deduct as expenses intangible drilling and development costs in the case of oil and gas wells and which were recognized and approved by the Congress in House Concurrent Resolution 50, Seventy-ninth Congress. Such regulations shall also grant the option to deduct as expenses intangible drilling and development costs in the case of wells drilled for any geothermal deposit (as defined in section 613(e)(2)) to the same extent and in the same manner as such expenses are deductible in the case of oil and gas wells. This subsection shall not apply with respect to any costs to which any deduction is allowed under section 59(e) or 291. ``(2) Exclusion.-- ``(A) In general.--This subsection shall not apply to amounts paid or incurred by a taxpayer with regard to any oil or gas well in any taxable year beginning after the date of the enactment of the Clean Energy for America Act. ``(B) Amortization of excluded amounts.--The amount not allowable as a deduction for any taxable year by reason of subparagraph (A) shall be allowable as a deduction ratably over the 60-month period beginning with the month in which the costs are paid or incurred. For purposes of section 1254, any deduction under this subparagraph shall be treated as a deduction under this subsection.''. (2) Conforming amendments.-- (A) Section 291(b) is amended-- (i) in paragraph (1), by striking ``without regard to this section)'' and all that follows and inserting ``without regard to this section) under section 616(a) or 617(a) shall be reduced by 30 percent.'', (ii) in paragraph (2), by striking ``section 263(c), 616(a), or 617(a)'' and inserting ``section 616(a) or 617(a)'', (iii) by striking paragraph (4), and (iv) by redesignating paragraph (5) as paragraph (4). (B) Section 57(a) is amended by striking paragraph (2). (f) Percentage Depletion.-- (1) Percentage depletion of oil and gas wells, coal, lignite, and oil shale.-- (A) In general.--Section 613 is amended-- (i) in subsection (a), by striking ``(100 percent in the case of oil and gas properties)'', (ii) in subsection (b)-- (I) by striking paragraph (2) and inserting the following: ``(2) 15 percent.--If from deposits in the United States, gold, silver, copper, and iron ore.'', (II) in paragraph (4), by striking ``coal, lignite,'', (III) in paragraph (5), by inserting ``(except oil shale)'' after ``clay and shale'', (IV) in paragraph (6)(A), by striking ``(except shale described in paragraph (2)(B) or (5))'' and inserting ``(except oil shale and shale described in paragraph (5))'', and (V) in paragraph (7), by striking ``or'' at the end of subparagraph (B), by striking the period at the end of subparagraph (C) and inserting ``; or'', and by adding at the end the following new subparagraph: ``(D) coal, lignite, and oil shale.'', (iii) in subsection (c)(1), striking ``other than an oil or gas well and'', (iv) in subsection (c)(4)-- (I) by striking subparagraphs (A) and (H), (II) by inserting ``and'' at the end of subparagraph (G), (III) by redesignating subparagraphs (B) through (G) as subparagraphs (A) through (F), respectively, and (IV) by redesignating subparagraph (I) as subparagraph (G), (v) in subsection (d), by striking ``Except as provided in section 613A, in the case of'' and inserting ``In the case of'', and (vi) in subsection (e)(2), by striking ``or section 613A''. (B) Conforming amendments.-- (i) Section 291(a)(2) is amended by striking ``and coal (including lignite)''. (ii)(I) Part I of subchapter I of chapter 1 is amended by striking section 613A (and the item relating to such section in the table of sections). (II) Section 45H(d) is amended by striking ``section 613A(d)(3)'' and inserting ``section 167(h)(5)(C)''. (III) Section 57(a)(1) is amended by striking the last sentence. (IV) Section 167(h)(5) is amended-- (aa) by striking subparagraph (B)(iii) and inserting the following: ``(iii) which-- ``(I) engages (by itself or with a related person) in the refining of crude oil, and ``(II) together with related persons, has average daily refinery runs for the taxable year (determined by dividing the aggregate refinery runs for the taxable year by the number of days in the taxable year) in excess of 75,000 barrels.'', and (bb) by adding at the end the following new subparagraph: ``(C) Related person.--For purposes of subparagraph (B)(iii), a person is a related person with respect to the taxpayer if a significant ownership interest in either the taxpayer or such person is held by the other, or if a third person has a significant ownership interest in both the taxpayer and such person. For purposes of the preceding sentence, the term `significant ownership interest' means-- ``(i) with respect to any corporation, 15 percent or more in value of the outstanding stock of such corporation, ``(ii) with respect to a partnership, 15 percent or more interest in the profits or capital of such partnership, and ``(iii) with respect to an estate or trust, 15 percent or more of the beneficial interests in such estate or trust. For purposes of determining a significant ownership interest, an interest owned by or for a corporation, partnership, trust, or estate shall be considered as owned directly both by itself and proportionately by its shareholders, partners, or beneficiaries, as the case may be.''. (V) Section 703(a)(2) is amended by inserting ``and'' at the end of subparagraph (D), by striking ``, and'' at the end of subparagraph (E) and inserting a period, and by striking subparagraph (F). (VI) Section 705(a) is amended by inserting ``and'' at the end of paragraph (1)(C), by striking ``; and'' at the end of paragraph (2)(B) and inserting a period, and by striking paragraph (3). (VII) Section 1202(e)(3)(D) is amended by striking ``or 613A''. (VIII) Section 1367(a)(2) is amended by inserting ``and'' at the end of subparagraph (C), by striking ``, and'' at the end of subparagraph (D) and inserting a period, and by striking subparagraph (E). (iii) Section 993(c)(2)(C) is amended by striking ``(including oil, gas, coal, or uranium products) under section 613 or 613A'' and inserting ``(including uranium products) under section 613''. (iv) Section 1446(c)(2) is amended by striking ``but the amount of such deduction shall be determined without regard to sections 613 and 613A''. (2) Effective date.--The amendments made by this subsection shall apply to taxable years beginning after the date of the enactment of this Act. (g) Termination of Capital Gains Treatment for Royalties From Coal.-- (1) In general.--Subsection (c) of section 631 is amended-- (A) by striking ``coal (including lignite), or iron ore'' and inserting ``iron ore'', (B) by striking ``coal or iron ore'' each place it appears and inserting ``iron ore'', (C) by striking ``iron ore or coal'' each place it appears and inserting ``iron ore'', and (D) by striking ``Coal or'' in the heading. (2) Conforming amendments.-- (A) Section 272 is amended by striking ``coal or'' each place it appears. (B) Section 1402(a)(3)(B) is amended by striking ``coal,''. (C)(i) The heading of section 631 is amended by striking ``, coal,''. (ii) The item relating to section 631 in the table of sections for part III of subchapter I of chapter 1 is amended by striking ``, coal,''. (3) Effective date.--The amendments made by this subsection shall apply to dispositions after the date of the enactment of this Act. (h) Enhanced Oil Recovery Credit.-- (1) In general.--Subpart D of part IV of subchapter A of chapter 1 is amended by striking section 43. (2) Conforming amendments.-- (A) Section 38(b) is amended by striking paragraph (6). (B)(i) Section 45Q(e) is amended by adding at the end the following new paragraph: ``(4) Inflation adjustment factor.--The term `inflation adjustment factor' means, with respect to any calendar year, a fraction the numerator of which is the GNP implicit price deflator for the preceding calendar year and the denominator of which is the GNP implicit price deflator for 2008. For purposes of the preceding sentence, the term `GNP implicit price deflator' means the first revision of the implicit price deflator for the gross national product as computed and published by the Secretary of Commerce. Not later than April 1 of any calendar year, the Secretary shall publish the inflation adjustment factor for the preceding calendar year.''. (ii) Section 45Q, as amended by this Act, is amended in subsection (b)(1) by striking ``determined under section 43(b)(3)(B) for such calendar year, determined by substituting `2025' for `1990''' each place it appears in subparagraph (A)(ii) and (B)(ii) and inserting ``determined under subsection (e)(4) by substituting `2025' for `2008'''. (C) Section 196(c) is amended-- (i) by striking paragraph (5), and (ii) by redesignating paragraphs (6) through (14) as paragraphs (5) through (13), respectively. (3) Clerical amendment.--The table of sections for subpart D of part IV of subchapter A of chapter 1 is amended by striking the item relating to section 43. (4) Effective date.--The amendments made by this subsection shall apply to taxable years beginning after the date of the enactment of this Act. (i) Credit for Producing Oil and Gas From Marginal Wells.-- (1) In general.--Subpart D of part IV of subchapter A of chapter 1 is amended by striking section 45I. (2) Conforming amendment.--Section 38(b) is amended by striking paragraph (19). (3) Clerical amendment.--The table of sections for subpart D of part IV of subchapter A of chapter 1 is amended by striking the item relating to section 45I. (4) Effective date.--The amendments made by this subsection shall apply to taxable years beginning after the date of the enactment of this Act. (j) Qualifying Advanced Coal Project Credit.-- (1) In general.--Subpart E of part IV of subchapter A of chapter 1 is amended by striking section 48A. (2) Conforming amendments.-- (A) Section 46, as amended by section 102 of this Act, is amended by striking paragraph (3) and redesignating paragraphs (4) through (7) as paragraphs (3) through (6), respectively. (B) Section 49(a)(1)(C), as amended by section 102 of this Act, is amended by striking clause (iii) and redesignating clauses (iv) through (vii) as clauses (iii) through (vi), respectively. (C) Section 50(a)(2)(E), as amended by section 102 of this Act, is amended by striking ``48A(b)(3),''. (3) Clerical amendment.--The table of sections for subpart E of part IV of subchapter A of chapter 1 is amended by striking the item relating to section 48A. (4) Effective date.--The amendments made by this subsection shall apply to taxable years beginning after the date of the enactment of this Act. (k) Qualifying Gasification Project Credit.-- (1) In general.--Subpart E of part IV of subchapter A of chapter 1 is amended by striking section 48B. (2) Conforming amendments.-- (A) Section 46, as amended by this Act, is amended by striking paragraph (3) and by redesignating paragraphs (4), (5), and (6) as paragraphs (3), (4), and (5), respectively. (B) Section 49(a)(1)(C), as amended by this Act, is amended by striking clause (iii) and redesignating clauses (iv) through (vi) as clauses (iii) through (v). (C) Section 50(a)(2)(E), as amended by this Act, is amended by striking ``48B(b)(3),''. (3) Clerical amendment.--The table of sections for subpart E of part IV of subchapter A of chapter 1 is amended by striking the item relating to section 48B. (4) Effective date.--The amendments made by this subsection shall apply to taxable years beginning after the date of the enactment of this Act. (l) Repeal of Passive Loss Exception for Oil and Gas Interests.-- (1) In general.--Section 469(c)(3)(A) is amended-- (A) by striking ``The term'' and inserting the following: ``(i) Exception.--The term''. (B) by adding at the end the following new clause: ``(ii) Termination.--Clause (i) shall not apply to any taxable year beginning after the date of the enactment of the Clean Energy for America Act.''. (2) Conforming amendment.--Section 469(c)(4) is amended by striking ``Paragraphs (2) and (3)'' and inserting ``Paragraphs (2) and (3)(A)(i)''. (m) Repeal of Corporate Income Tax Exemption for Publicly Traded Partnerships With Qualifying Income and Gains From Activities Relating to Fossil Fuels.-- (1) In general.--Section 7704(d)(1) is amended-- (A) in subparagraph (E), by striking ``(including pipelines transporting gas, oil, or products thereof)'', and (B) in the flush matter at the end, by inserting ``or any coal, gas, oil, or products thereof'' before the period. (2) Effective date.--The amendments made by this subsection shall apply to taxable years beginning after the date of the enactment of this Act. SEC. 402. MODIFICATION OF CERTAIN PROVISIONS RELATING TO OIL, GAS, AND OTHER FOSSIL FUELS. (a) Modifications of Foreign Tax Credit Rules Applicable to Major Integrated Oil Companies Which Are Dual Capacity Taxpayers.-- (1) In general.--Section 901 is amended by redesignating subsection (n) as subsection (o) and by inserting after subsection (m) the following new subsection: ``(n) Special Rules Relating to Major Integrated Oil Companies Which Are Dual Capacity Taxpayers.-- ``(1) General rule.--Notwithstanding any other provision of this chapter, any amount paid or accrued by a dual capacity taxpayer which is a major integrated oil company (within the meaning of section 167(h)(5)) to a foreign country or possession of the United States for any period shall not be considered a tax-- ``(A) if, for such period, the foreign country or possession does not impose a generally applicable income tax, or ``(B) to the extent such amount exceeds the amount (determined in accordance with regulations) which-- ``(i) is paid by such dual capacity taxpayer pursuant to the generally applicable income tax imposed by the country or possession, or ``(ii) would be paid if the generally applicable income tax imposed by the country or possession were applicable to such dual capacity taxpayer. Nothing in this paragraph shall be construed to imply the proper treatment of any such amount not in excess of the amount determined under subparagraph (B). ``(2) Dual capacity taxpayer.--For purposes of this subsection, the term `dual capacity taxpayer' means, with respect to any foreign country or possession of the United States, a person who-- ``(A) is subject to a levy of such country or possession, and ``(B) receives (or will receive) directly or indirectly a specific economic benefit (as determined in accordance with regulations) from such country or possession. ``(3) Generally applicable income tax.--For purposes of this subsection-- ``(A) In general.--The term `generally applicable income tax' means an income tax (or a series of income taxes) which is generally imposed under the laws of a foreign country or possession on income derived from the conduct of a trade or business within such country or possession. ``(B) Exceptions.--Such term shall not include a tax unless it has substantial application, by its terms and in practice, to-- ``(i) persons who are not dual capacity taxpayers, and ``(ii) persons who are citizens or residents of the foreign country or possession.''. (2) Effective date.-- (A) In general.--The amendments made by this subsection shall apply to taxes paid or accrued in taxable years beginning after the date of the enactment of this Act. (B) Contrary treaty obligations upheld.--The amendments made by this subsection shall not apply to the extent contrary to any treaty obligation of the United States. (b) Reinstatement of Treatment of Foreign Base Company Oil Related Income as Foreign Base Company Income.-- (1) In general.--Section 954(a) is amended by striking ``and'' at the end of paragraph (2), by striking the period at the end of paragraph (3) and inserting ``, and'', and by adding at the end the following new paragraph: ``(4) the foreign base company oil related income for the taxable year (determined under subsection (g) and reduced as provided in subsection (b)(5)).''. (2) Foreign base company oil related income.--Section 954 is amended by inserting before subsection (h) the following new subsection: ``(g) Foreign Base Company Oil Related Income.--For purposes of this section-- ``(1) In general.--Except as otherwise provided in this subsection, the term `foreign base company oil related income' means foreign oil related income (within the meaning of paragraphs (2) and (3) of section 907(c)) other than income derived from a source within a foreign country in connection with-- ``(A) oil or gas which was extracted from an oil or gas well located in such foreign country, or ``(B) oil, gas, or a primary product of oil or gas which is sold by the foreign corporation or a related person for use or consumption within such country or is loaded in such country on a vessel or aircraft as fuel for such vessel or aircraft. Such term shall not include any foreign personal holding company income (as defined in subsection (c)). ``(2) Paragraph (1) applies only where corporation has produced 1,000 barrels per day or more.-- ``(A) In general.--The term `foreign base company oil related income' shall not include any income of a foreign corporation if such corporation is not a large oil producer for the taxable year. ``(B) Large oil producer.--For purposes of subparagraph (A), the term `large oil producer' means any corporation if, for the taxable year or for the preceding taxable year, the average daily production of foreign crude oil and natural gas of the related group which includes such corporation equaled or exceeded 1,000 barrels. ``(C) Related group.--The term `related group' means a group consisting of the foreign corporation and any other person who is a related person with respect to such corporation. ``(D) Average daily production of foreign crude oil and natural gas.--For purposes of this paragraph, the average daily production of foreign crude oil or natural gas of any related group for any taxable year (and the conversion of cubic feet of natural gas into barrels) shall be determined under rules similar to the rules of section 613A (as in effect on the day before the date of enactment of the Clean Energy for America Act) except that only crude oil or natural gas from a well located outside the United States shall be taken into account.''. (3) Conforming amendments.-- (A) Section 952(c)(1)(B)(iii) is amended by redesignating subclauses (I) through (IV) as subclauses (II) through (V), respectively, and by inserting before subclause (II) (as redesignated) the following new subclause: ``(I) foreign base company oil related income,''. (B) Section 954(b) is amended-- (i) in paragraph (4), by inserting at the end the following new sentence: ``The preceding sentence shall not apply to foreign base company oil-related income described in subsection (a)(4).'', (ii) in paragraph (5), by striking ``and the foreign base company services income'' and inserting ``the foreign base company services income, and the foreign base company oil related income'', and (iii) by adding at the end the following new paragraph: ``(6) Foreign base company oil related income not treated as another kind of base company income.--Income of a corporation which is foreign base company oil related income shall not be considered foreign base company income of such corporation under paragraph (2) or (3) of subsection (a).''. (4) Effective date.--The amendments made by this subsection shall apply to taxable years of foreign corporations beginning after the date of the enactment of this Act, and to taxable years of United States shareholders with or within which such taxable years of foreign corporations end. (c) Inclusion of Foreign Oil and Gas Extraction Income in Tested Income for Purpose of Determining Global Intangible Low-taxed Income.-- (1) In general.--Section 951A(c)(2)(A)(i) is amended by inserting ``and'' at the end of subclause (III), by striking ``and'' at the end of subclause (IV) and inserting ``over'', and by striking subclause (V). (2) Effective date.--The amendments made by this subsection shall apply to taxable years of foreign corporations beginning after the date of the enactment of this Act, and to taxable years of United States shareholders in which or with which such tax years of foreign corporations end. (d) Clarification of Tar Sands as Crude Oil for Excise Tax Purposes.-- (1) In general.--Paragraph (1) of section 4612(a) is amended to read as follows: ``(1) Crude oil.--The term `crude oil' includes crude oil condensates, natural gasoline, any bitumen or bituminous mixture, any oil derived from a bitumen or bituminous mixture (including oil derived from tar sands), and any oil derived from kerogen-bearing sources (including oil derived from oil shale).''. (2) Technical amendment.--Paragraph (2) of section 4612(a) is amended by striking ``from a well located''. (3) Effective date.--The amendments made by this subsection shall apply to oil and petroleum products received, entered, used, or exported after December 31, 2021. TITLE V--WORKFORCE DEVELOPMENT REQUIREMENTS SEC. 501. USE OF QUALIFIED APPRENTICES. (a) In General.--All contractors and subcontractors engaged in the performance of construction, alteration, or repair work on any applicable project shall, subject to subsection (b), ensure that not less than 15 percent of the total labor hours of such work be performed by qualified apprentices. (b) Apprentice-to-journeyworker Ratio.--The requirement under subsection (a) shall be subject to any applicable requirements for apprentice-to-journeyworker ratios of the Department of Labor or the applicable State apprenticeship agency. (c) Participation.--Each contractor and subcontractor who employs 4 or more individuals to perform construction, alteration, or repair work on an applicable project shall employ 1 or more qualified apprentices to perform such work. (d) Exception.--Notwithstanding any other provision in this section, this section shall not apply in the case of a taxpayer who-- (1)(A) demonstrates a lack of availability of qualified apprentices in the geographic area of the construction, alteration, or repair work; and (B) makes a good faith effort to comply with the requirements of this section; or (2) in the case of any failure by the taxpayer to satisfy the requirement under subsection (a) with respect to the construction, alteration, or repair work on any applicable project to which paragraph (1) does not apply, makes payment to the Secretary of the Treasury (or the Secretary's delegate) of a penalty in an amount equal to the product of-- (A) $500, multiplied by (B) the total labor hours for which the requirement described in such subsection was not satisfied with respect to the construction, alteration, or repair work on such applicable project. (e) Definitions.--In this section: (1) Applicable project.--The term ``applicable project'' means, with respect to-- (A) subsection (e)(7)(A)(ii) of section 30C of the Internal Revenue Code of 1986, (B) subsection (f)(9)(A)(ii) of section 45Q of such Code, (C) subsection (b)(1)(A)(iv)(II) of section 45U of such Code, (D) subsection (e)(4)(A)(ii)(II) of section 45V of such Code, (E) subsection (d)(3)(A)(i)(II)(bb) of section 45X of such Code, (F) subsection (d)(3)(A)(ii)(II) of section 48C of such Code, (G) subsections (b)(3)(A)(iv)(II) and (c)(1)(B)(ii) of section 48D of such Code, and (H) subsection (c)(1)(E)(ii) of section 179D of such Code, any property, equipment, or facility for which a credit is allowed or determined under such sections. (2) Labor hours.--The term ``labor hours''-- (A) means the total number of hours devoted to the performance of construction, alteration, or repair work by employees of the contractor or subcontractor; and (B) excludes any hours worked by-- (i) foremen; (ii) superintendents; (iii) owners; or (iv) persons employed in a bona fide executive, administrative, or professional capacity (within the meaning of those terms in part 541 of title 29, Code of Federal Regulations). (3) Qualified apprentice.--The term ``qualified apprentice'' means an individual who is an employee of the contractor or subcontractor and who is participating in a registered apprenticeship program, as defined in section 3131(e)(3)(B) of the Internal Revenue Code of 1986. TITLE VI--MISCELLANEOUS SEC. 601. ADJUSTMENT OF QUALIFYING ADVANCED ENERGY PROJECT CREDIT. (a) In General.--Section 48C is amended-- (1) in subsection (c)(1)-- (A) in subparagraph (A)-- (i) by inserting ``, any portion of the qualified investment of which is certified by the Secretary under subsection (d) as eligible for a credit under this section'' after ``means a project'', (ii) in clause (i)-- (I) by striking ``a manufacturing facility for the production of'' and inserting ``an industrial or manufacturing facility for the production or recycling of'', (II) in clause (I), by inserting ``water,'' after ``sun,'', (III) in clause (II), by striking ``an energy storage system for use with electric or hybrid-electric motor vehicles'' and inserting ``energy storage systems and components'', (IV) in clause (III), by striking ``grids to support the transmission of intermittent sources of renewable energy, including storage of such energy'' and inserting ``grid modernization equipment or components'', (V) in subclause (IV), by striking ``and sequester carbon dioxide emissions'' and inserting ``, remove, use, or sequester carbon oxide emissions'', (VI) by striking subclause (V) and inserting the following: ``(V) equipment designed to refine, electrolyze, or blend any fuel, chemical, or product which is-- ``(aa) renewable, or ``(bb) low-carbon and low- emission,'', (VII) by striking subclause (VI), (VIII) by redesignating subclause (VII) as subclause (IX), (IX) by inserting after subclause (V) the following new subclauses: ``(VI) property designed to produce energy conservation technologies (including residential, commercial, and industrial applications), ``(VII) light-, medium-, or heavy- duty electric or fuel cell vehicles, as well as-- ``(aa) technologies, components, or materials for such vehicles, and ``(bb) associated charging or refueling infrastructure, ``(VIII) hybrid vehicles with a gross vehicle weight rating of not less than 14,000 pounds, as well as technologies, components, or materials for such vehicles, or'', and (X) in subclause (IX), as so redesignated, by striking ``and'' at the end and inserting ``or'', and (iii) by striking clause (ii) and inserting the following: ``(ii) which re-equips an industrial or manufacturing facility with equipment designed to reduce its greenhouse gas emissions well below current best practices through the installation of-- ``(I) low- or zero-carbon process heat systems, ``(II) carbon capture, transport, utilization and storage systems, ``(III) energy efficiency and reduction in waste from industrial processes, or ``(IV) any industrial technology which significantly reduces greenhouse gas emissions, as determined by the Secretary.''. (B) by redesignating subparagraph (B) as subparagraph (C), and (C) by inserting after subparagraph (A) the following new subparagraph: ``(B) Additional qualifying advanced energy projects.--The term `qualifying advanced energy project' shall also include any project described in subparagraph (A) which is located in a census tract-- ``(i) which, prior to the date of enactment of the Clean Energy for America Act, had no projects which received a certification and allocation of credits under subsection (d), and ``(ii)(I) in which, after December 31, 1999, a coal mine has closed, ``(II) in which, after December 31, 2009, a coal-fired electric generating unit has been retired, or ``(III) which is immediately adjacent to a census tract described in subclause (I) or (II).'', (2) in subsection (d)-- (A) in paragraph (1)-- (i) in subparagraph (A), by striking ``this section'' and inserting ``the Clean Energy for America Act'', and (ii) by striking subparagraph (B) and inserting the following: ``(B) Limitations.-- ``(i) Initial allocation.--The total amount of credits that may be allocated under the program prior to the date of enactment of the Clean Energy for America Act shall not exceed $2,300,000,000. ``(ii) Additional allocation.--The total amount of credits that may be allocated under the program on or after to the date of enactment of the Clean Energy for America Act shall not exceed $8,000,000,000, of which not greater than $4,000,000,000 may be allocated to projects which are not located in a census tract described in subparagraph (B) of subsection (c)(1).'', (B) in paragraph (2)-- (i) in subparagraph (A), by striking ``2- year'' and inserting ``3-year'', (ii) in subparagraph (B)-- (I) by striking ``1 year'' and inserting ``18 months'', and (II) by adding at the end the following new sentence: ``Not later than 180 days after the date on which such evidence was provided by the applicant, the Secretary shall determine whether the requirements of the certification have been met.'', and (iii) by adding at the end the following new subparagraph: ``(D) Location of project.--In the case of an applicant which receives a certification, if the Secretary determines that the project has been placed in service at a location which is materially different than the location specified in the application for such project, the certification shall no longer be valid.'', (C) in paragraph (3)-- (i) by striking subparagraph (A) and inserting the following: ``(A) shall take into consideration only those projects-- ``(i) for which there is a reasonable expectation of commercial viability, and ``(ii) which-- ``(I) satisfies the requirements under paragraph (6), and ``(II) with respect to the re- equipping, expansion, or establishment of an industrial or manufacturing facility, satisfies the requirements under section 501 of the Clean Energy for America Act, and'', and (ii) in subparagraph (B)-- (I) by striking clauses (i) and (ii) and inserting the following: ``(i) will provide the greatest net impact in avoiding or reducing anthropogenic emissions of greenhouse gases (or, in the case of a project described in subsection (c)(1)(A)(ii), will provide the greatest reduction of greenhouse gas emissions as compared to current best practices), ``(ii) will provide the greatest domestic job creation (both direct and indirect) during the credit period,'', (II) by redesignating clauses (iii) through (v) as clauses (iv) through (vi), respectively, and (III) by inserting after clause (ii) the following new clause: ``(iii) will provide the greatest job creation within the vicinity of the project, particularly with respect to-- ``(I) low-income communities (as defined in section 45D(e)), and ``(II) dislocated workers who were previously employed in manufacturing, coal power plants, or coal mining,'', (D) in paragraph (4)-- (i) by striking subparagraph (A) and inserting the following: ``(A) Review and report.--Not later than 4 years after the date of enactment of the Clean Energy for America Act, the Secretary shall-- ``(i) review the credits allocated under this section as of such date, and ``(ii) submit a report regarding the allocation of such credits to-- ``(I) the Committee on Finance and the Committee on Energy and Natural Resources of the Senate, and ``(II) the Committee on Ways and Means and the Committee on Energy and Commerce of the House of Representatives.'', and (ii) by adding at the end the following new subparagraph: ``(D) Special rule.--For purposes of reallocating credits pursuant to this paragraph, the limitation under paragraph (1)(B)(ii) with respect to allocation of credits to projects which are not located in a census tract described in subparagraph (B) of subsection (c)(1) shall not apply.'', and (E) by adding at the end the following: ``(6) Wage requirements.-- ``(A) In general.--The requirements described in this subparagraph with respect to any project are that the taxpayer shall ensure that any laborers and mechanics employed by contractors and subcontractors in the re-equipping, expansion, or establishment of an industrial or manufacturing facility shall be paid wages at rates not less than the prevailing rates for construction or alteration of a similar character in the locality as determined by the Secretary of Labor, in accordance with subchapter IV of chapter 31 of title 40, United States Code. ``(B) Correction and penalty related to failure to satisfy wage requirements.--In the case of any taxpayer which fails to satisfy the requirement under subparagraph (A) with respect to any project-- ``(i) rules similar to the rules of section 45U(b)(3)(B)(ii) shall apply for purposes of this paragraph, and ``(ii) if the failure to satisfy the requirement under subparagraph (A) is not corrected pursuant to the rules described in clause (i), the certification with respect to such project shall no longer be valid.'', (3) in subsection (e), by striking ``48, 48A, or 48B'' and inserting ``45Q, 48, 48A, 48B, or 48D'', and (4) by adding at the end the following: ``(f) Special Rule for Property Financed by Subsidized Energy Financing or Industrial Development Bonds.--Rules similar to the rules in section 48(a)(4) shall apply for purposes of this section. ``(g) Technical Assistance.--For purposes of assisting with applications for certification under subsection (d), the Secretary of Energy shall provide technical assistance to any State (or political subdivision thereof), tribe, or economic development organization which, prior to the date of enactment of the Clean Energy for America Act-- ``(1) had no applicants for certification under such subsection, or ``(2) had less than 2 qualifying advanced energy projects which received an allocation of credits under such subsection. ``(h) Election for Direct Payment.-- ``(1) In general.--In the case of any eligible property placed in service during any taxable year which is part of a qualifying advanced energy project, the amount of any credit determined under subsection (a) with respect to such property for such taxable year shall, at the election of the taxpayer, be treated as a payment equal to such amount which is made by the taxpayer against the tax imposed by chapter 1 for such taxable year (regardless of whether such tax would have been on such taxpayer). ``(2) Form and effect of election.-- ``(A) In general.--An election under paragraph (1) shall be made as part of the application for certification under subsection (d)(2)(A) and in such manner as the Secretary may prescribe. Such election, once made, shall-- ``(i) be irrevocable with respect to the eligible property to which such election applies, and ``(ii) reduce the amount of the credit which would (but for this subsection) be allowable under this section with respect to such property for the taxable year in which such property is placed in service to zero. ``(B) Additional information.--For purposes of an election under paragraph (1), the Secretary may require such information as the Secretary deems necessary for purposes of preventing duplication, fraud, or any improper payments under this subsection. ``(3) Application to partnerships and s corporations; excess payments.--Rules similar to the rules of paragraphs (3) and (5) of section 45U(h) shall apply for purposes of this subsection. ``(4) Special rules for certain entities.-- ``(A) Eligibility of certain property.--For purposes of this subsection, paragraphs (3) and (4) of section 50(b) shall not apply with respect to-- ``(i) any State utility with a service obligation, as such terms are defined in section 217 of the Federal Power Act (as in effect on the date of the enactment of this subsection), ``(ii) any mutual or cooperative electric company described in section 501(c)(12) or section 1381(a)(2)(C), or ``(iii) an Indian tribal government (as defined in section 139E(c)(1)). ``(B) Certain entities treated as taxpayers.--In the case of an election under this subsection, any entity described in clause (i), (ii), or (iii) of subparagraph (A) shall be treated as a taxpayer for purposes of this subsection and determining the amount of any credit under subsection (a).''. (b) Authorization of Appropriations.--To carry out subsection (f) of section 48C of the Internal Revenue Code of 1986 (as added by subsection (a)(4)), there is authorized to be appropriated to the State Energy Program of the Department of Energy, out of moneys in the Treasury not otherwise appropriated, $500,000, to remain available until expended. (c) Effective Date.--The amendments made by this section shall apply to property placed in service after December 31, 2021. SEC. 602. ISSUANCE OF EXEMPT FACILITY BONDS FOR QUALIFIED CARBON DIOXIDE CAPTURE FACILITIES. (a) In General.--Section 142 is amended-- (1) in subsection (a)-- (A) in paragraph (14), by striking ``or'' at the end, (B) in paragraph (15), by striking the period at the end and inserting ``, or'', and (C) by adding at the end the following new paragraph: ``(16) qualified carbon dioxide capture facilities.'', and (2) by adding at the end the following new subsection: ``(n) Qualified Carbon Dioxide Capture Facility.-- ``(1) In general.--For purposes of subsection (a)(16), the term `qualified carbon dioxide capture facility' means-- ``(A) the eligible components of an industrial carbon dioxide facility, and ``(B) a direct air capture facility (as defined in section 45Q(e)(1)). ``(2) Definitions.--In this subsection: ``(A) Eligible component.-- ``(i) In general.--The term `eligible component' means any equipment installed in an industrial carbon dioxide facility which is-- ``(I) used for the purpose of capture, treatment and purification, compression, transportation, or on-site storage of carbon dioxide produced by the industrial carbon dioxide facility, or ``(II) integral or functionally related and subordinate to a process which converts a solid or liquid product from coal, petroleum residue, biomass, or other materials which are recovered for their energy or feedstock value into a synthesis gas composed primarily of carbon dioxide and hydrogen for direct use or subsequent chemical or physical conversion. ``(ii) Definitions.--For purposes of this subparagraph-- ``(I) Biomass.-- ``(aa) In general.--The term `biomass' means any-- ``(AA) agricultural or plant waste, ``(BB) byproduct of wood or paper mill operations, including lignin in spent pulping liquors, and ``(CC) other products of forestry maintenance. ``(bb) Exclusion.--The term `biomass' does not include paper which is commonly recycled. ``(II) Coal.--The term `coal' means anthracite, bituminous coal, subbituminous coal, lignite, and peat. ``(B) Industrial carbon dioxide facility.-- ``(i) In general.--Except as provided in clause (ii), the term `industrial carbon dioxide facility' means a facility that emits carbon dioxide (including from any fugitive emissions source) that is created as a result of any of the following processes: ``(I) Fuel combustion. ``(II) Gasification. ``(III) Bioindustrial. ``(IV) Fermentation. ``(V) Any manufacturing industry relating to-- ``(aa) chemicals, ``(bb) fertilizers, ``(cc) glass, ``(dd) steel, ``(ee) petroleum residues, ``(ff) forest products, ``(gg) agriculture, including feedlots and dairy operations, and ``(hh) transportation grade liquid fuels. ``(ii) Exceptions.--For purposes of clause (i), an industrial carbon dioxide facility shall not include-- ``(I) any geological gas facility, or ``(II) any air separation unit that-- ``(aa) does not qualify as gasification equipment, or ``(bb) is not a necessary component of an oxy-fuel combustion process. ``(iii) Definitions.--In this subparagraph-- ``(I) Petroleum residue.--The term `petroleum residue' means the carbonized product of high-boiling hydrocarbon fractions obtained in petroleum processing. ``(II) Geological gas facility.-- The term `geological gas facility' means a facility that-- ``(aa) produces a raw product consisting of gas or mixed gas and liquid from a geological formation, ``(bb) transports or removes impurities from such product, or ``(cc) separates such product into its constituent parts. ``(3) Special rule for facilities with less than 65 percent capture and storage percentage.-- ``(A) In general.--An eligible component of an industrial carbon dioxide facility with a capture and storage percentage that is less than 65 percent shall only be treated as a qualified carbon dioxide facility with respect to the percentage of the costs attributable to such eligible component which is equal to the capture and storage percentage of such facility. ``(B) Capture and storage percentage.-- ``(i) In general.--Subject to clause (ii), the capture and storage percentage shall be an amount, expressed as a percentage, equal to the quotient of-- ``(I) the total metric tons of carbon dioxide annually captured, transported, and injected into-- ``(aa) a facility for geologic storage, or ``(bb) an enhanced oil or gas recovery well followed by geologic storage, divided by ``(II) the total metric tons of carbon dioxide which would otherwise be released into the atmosphere each year as industrial emission of greenhouse gas if the eligible components were not installed in the industrial carbon dioxide facility. ``(ii) Limited application of eligible components.--In the case of eligible components that are designed to capture carbon dioxide solely from specific sources of emissions or portions thereof within an industrial carbon dioxide facility, the capture and storage percentage under this subparagraph shall be determined based only on such specific sources of emissions or portions thereof. ``(4) Regulations.--The Secretary shall issue such regulations or other guidance as are necessary to carry out the provisions of this subsection, including methods for determining costs attributable to an eligible component for purposes of paragraph (3)(A).''. (b) Volume Cap.--Section 146(g)(4) is amended by striking ``paragraph (11) of section 142(a) (relating to high-speed intercity rail facilities)'' and inserting ``paragraph (11) or (16) of section 142(a)''. (c) Clarification of Private Business Use.--Section 141(b)(6) is amended by adding at the end the following new subparagraph: ``(C) Clarification relating to qualified carbon dioxide capture facilities.--For purposes of this subsection, the sale of carbon dioxide produced by a qualified carbon dioxide capture facility (as defined in section 142(n)) which is owned by a governmental unit shall not constitute private business use.''. (d) Effective Date.--The amendments made by this section shall apply to obligations issued after December 31, 2021. SEC. 603. LIMITATION ON IMPORTATION OF CERTAIN ENERGY EQUIPMENT AND COMPONENTS. (a) In General.--The importation of an article described in subsection (b) is prohibited unless the United Nations certifies that the article is not mined or otherwise produced using forced labor or child labor. (b) Articles Described.--An article described in this subsection is a solar cell, a wind turbine, energy storage equipment, or a component for such equipment. SEC. 604. ELIMINATION OF NEGATIVE EFFECTS ON SMALL BUSINESSES AND CERTAIN INDIVIDUAL TAXPAYERS. (a) In General.--In the case of any taxable year beginning after the date of the enactment of this Act, the Secretary of the Treasury (or the Secretary's delegate) shall pay to each applicable eligible taxpayer an amount equal to the excess (if any) of-- (1) the tax imposed under chapter 1 of the Internal Revenue Code of 1986 (determined after the application of the amendments made by this Act which are in effect for such taxable year), over (2) the tax imposed under such chapter on such taxpayer for such taxable year (determined without regard to the amendments made by this Act). (b) Applicable Eligible Taxpayer.--For purposes of this section-- (1) In general.--The term ``applicable eligible taxpayer'' means, with respect to any taxable year, any eligible taxpayer who establishes to the satisfaction of the Secretary of the Treasury (or the Secretary's delegate) that there is an excess described in subsection (a) with respect to such taxpayer. (2) Eligible taxpayer.-- (A) In general.--The term ``eligible taxpayer'' means, with respect to any taxable year-- (i) an individual with an adjusted gross income of not more than $400,000, and (ii) any employer that has an average number of fewer than 500 employees for the taxable year. (B) Aggregation rules.--For purposes of subparagraph (A)(ii), all persons treated as a single employer under subsection (b), (c), (m), or (o) of section 414 of the Internal Revenue Code of 1986 shall be treated as one employer. (C) Special rule for pass-thru entities.--In the case of a partnership, S corporation, or other pass- thru entity that is described in subparagraph (A)(ii)-- (i) any partner, shareholder, or other applicable individual who is not described in subparagraph (A)(i) shall be treated as an eligible taxpayer, and (ii) the amount of the excess described under subsection (a) of such partner, shareholder, or other applicable individual shall be determined by only taking into account the income, gain, loss, deduction, or credit of such partnership, S corporation, or other pass- thru entity. For purposes of the preceding sentence, the term ``applicable individual'' means, with respect to any pass-thru entity, any individual to whom the income, gain, loss, or deduction of such entity is attributed for tax purposes. (c) Treatment of Payments.--The amount of any payment under subsection (a) shall be treated as a refund of taxes due from a provision described in section 1324(b)(2) of title 31, United States Code. (d) Regulations.--The Secretary of the Treasury (or the Secretary's delegate) shall issue such regulations or other guidance as are necessary to carry out the provisions of this section. Calendar No. 78 117th CONGRESS 1st Session S. 2118 _______________________________________________________________________

Clean Energy for America Act

A bill to amend the Internal Revenue Code of 1986 to provide tax incentives for increased investment in clean energy, and for other purposes.

Clean Energy for America Act

Sen. Wyden, Ron

D

OR

H.R.7119

Environmental Protection

Water Design-Build Improvement Act of 2022 This bill allows the Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers (USACE) to use the collaborative project delivery method for certain water infrastructure projects (e.g., building and upgrading wastewater and drinking water treatment systems). This method involves collaboration among those involved at various stages of a project from design through completion of construction. The bill also requires the EPA and USACE to study the use of the collaborative project delivery method in these projects and make the results public.

To amend the Water Infrastructure Finance and Innovation Act of 2014 to authorize the selection of eligible projects to be carried out using collaborative project delivery methods, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Water Design-Build Improvement Act of 2022''. SEC. 2. COLLABORATIVE PROJECT DELIVERY METHODS. Section 5028 of the Water Infrastructure Finance and Innovation Act of 2014 (33 U.S.C. 3907) is amended-- (1) by redesignating subsection (c) as subsection (d); and (2) by inserting after subsection (b) the following: ``(c) Collaborative Project Delivery Methods.-- ``(1) Authorization.--The Secretary or the Administrator, as applicable, may select, in accordance with this section, a project to be carried out using a collaborative project delivery method (consistent with any applicable State or local law), including a construction management at-risk method and a design-build method. ``(2) Definitions.--In this subsection: ``(A) Collaborative project delivery method.--The term `collaborative project delivery method' means a method for carrying out a capital project that involves close collaboration among the eligible entity, the owner of the project (if different from the eligible entity), the designer of the project, and the contractor for the project, from design through completion of construction. ``(B) Construction management at-risk method.--The term `construction management at-risk method' means a collaborative project delivery method in which an engineering firm and a construction management at-risk firm are retained under 2 separate contracts for design and construction, respectively. ``(C) Design-build method.--The term `design-build method' means a collaborative project delivery method under which a single lead contract is entered into with a design-builder for design and construction.''. SEC. 3. STUDY ON THE USE OF COLLABORATIVE PROJECT DELIVERY METHODS. Not later than 180 days after the date of enactment of this Act, the Administrator of the Environmental Protection Agency, in coordination with the Regional Administrators, and the Secretary of the Army, acting through the Chief of Engineers, shall carry out, and make public the results of, a study that-- (1) evaluates the use of collaborative project delivery methods in projects carried out using assistance received under the Water Infrastructure Finance and Innovation Act of 2014 (33 U.S.C. 3901 et seq.); (2) determines barriers to increased use of collaborative project delivery methods in such projects; (3) assesses the potential benefits of using collaborative project delivery methods in such projects; and (4) identifies areas of need to educate agency staff in collaborative project delivery method implementation and best practices. <all>

Water Design-Build Improvement Act of 2022

To amend the Water Infrastructure Finance and Innovation Act of 2014 to authorize the selection of eligible projects to be carried out using collaborative project delivery methods, and for other purposes.

Water Design-Build Improvement Act of 2022

Rep. Davids, Sharice

D

KS

H.R.5591

Agriculture and Food

Student Food Security Act of 2021 This bill expands the Supplemental Nutrition Assistance Program (SNAP) and establishes programs to address food insecurity among college students. Specifically, the bill permanently modifies the eligibility requirements to allow additional college students to receive SNAP benefits, and it establishes a demonstration program to allow college students to use SNAP benefits on college campuses instead of meal plans.

To amend the Food and Nutrition Act of 2008 to expand the eligibility of students to participate in the supplemental nutrition assistance program, establish college student food insecurity demonstration programs, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Student Food Security Act of 2021''. SEC. 2. ELIGIBILITY OF STUDENTS TO PARTICIPATE IN THE SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM. (a) Definition of Household.--Section 3(m)(5) of the Food and Nutrition Act of 2008 (7 U.S.C. 2012(m)(5)) is amended by adding at the end the following: ``(F) Individuals who are students and residents of an institution of higher education (as defined in section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002)).''. (b) Eligibility of Students.--Section 6 of the Food and Nutrition Act of 2008 (7 U.S.C. 2015) is amended-- (1) in the section heading, by inserting ``qualifications and'' after ``eligibility''; (2) in subsection (d)(2)(C)-- (A) by inserting ``who is'' after ``student''; and (B) by striking ``(except'' and all that follows through ``section)'' and inserting ``(as determined by the school, training program, or institution of higher education) and meets the requirements for eligibility under subsection (e)''; and (3) in subsection (e)-- (A) in paragraph (3)-- (i) in subparagraph (B), by redesignating clauses (i) and (ii) as subclauses (I) and (II), respectively, and indenting appropriately; and (ii) by redesignating subparagraphs (A) through (D) as clauses (i) through (iv), respectively, and indenting appropriately; (B) in paragraph (5), by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), respectively, and indenting appropriately; (C) by redesignating paragraphs (1) through (8) as subparagraphs (A) through (H), respectively, and indenting appropriately; (D) in subparagraph (D) (as so redesignated), by striking ``20'' and inserting ``10''; (E) in subparagraph (E)(ii) (as so redesignated), by striking ``paragraph (4)'' and inserting ``subparagraph (D)''; (F) in subparagraph (G) (as so redesignated), by striking ``or'' at the end after the semicolon; (G) in subparagraph (H) (as so redesignated), by striking the period at the end and inserting a semicolon; (H) in the matter preceding subparagraph (A) (as so redesignated), by striking ``(e) No individual'' and all that follows through ``individual--'' and inserting the following: ``(e) Qualifications for Students.--A student enrolled in any recognized school, training program, or institution of higher education (as defined in section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002)) shall be eligible to participate in the supplemental nutrition assistance program if-- ``(1) the student satisfies the income and other eligibility requirements of this Act; and ``(2) the student--''; and (I) in paragraph (2) (as so designated), by adding at the end the following: ``(I) is eligible to participate in a State or federally financed work study program, including the program authorized under part C of title IV of the Higher Education Act of 1965 (20 U.S.C. 1087-51 et seq.); ``(J)(i) is not an independent student (as defined in section 480(d) of the Higher Education Act of 1965 (20 U.S.C. 1087vv(d))); and ``(ii)(I) has an expected family contribution or student aid index of not more than $0, as determined in accordance with part F of title IV of the Higher Education Act of 1965 (20 U.S.C. 1087kk et seq.); or ``(II) meets the financial eligibility criteria for receiving a maximum Federal Pell Grant under subpart 1 of part A of title IV of the Higher Education Act of 1965 (20 U.S.C. 1070a et seq.)-- ``(aa) regardless of whether the student has completed the Free Application for Federal Student Aid described in section 483 of that Act (20 U.S.C. 1090); and ``(bb) as determined by a State using the income of the student, as determined under-- ``(AA) the supplemental nutrition assistance program or another Federal or State means-tested program; or ``(BB) another reasonable simplifying assumption; or ``(K)(i) is an independent student (as defined in section 480(d) of the Higher Education Act of 1965 (20 U.S.C. 1087vv(d))); and ``(ii) is a member of a household otherwise eligible to participate in the supplemental nutrition assistance program.''. (c) Conforming Amendment.--Section 6(d)(2)(C) of the Food and Nutrition Act of 2008 (7 U.S.C. 2015(d)(2)(C)) is amended by striking ``half time'' and inserting ``half-time''. SEC. 3. COMMUNICATION OF INFORMATION ON STUDENT ELIGIBILITY FOR NUTRITION ASSISTANCE PROGRAMS. (a) Definitions.--In this section: (1) College student.--The term ``college student'' means a student enrolled in an institution of higher education. (2) Institution of higher education.--The term ``institution of higher education'' has the meaning given the term in section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002). (3) Program.--The term ``program'' means the supplemental nutrition assistance program established under the Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.). (4) Secretary.--The term ``Secretary'' means the Secretary of Agriculture. (b) Strategies Report.--Not later than 180 days after the effective date of this Act, the Secretary shall submit to Congress a report that describes the strategy to be used by the Secretary-- (1) to increase the awareness of State agencies and institutions of higher education about-- (A) college student food insecurity; (B) the eligibility of college students for the program; and (C) the procedures and resources available to college students who are not participating in the program to access benefits under the program; (2) to identify-- (A) existing or potential informational, educational, policy, and psychological barriers to enrolling in the program and barriers to complying with program requirements; (B) mitigation strategies with respect to those barriers; and (C) opportunities for collaboration with the Department of Education and other relevant Federal agencies; and (3) to update the State Outreach Plan Guidance under subsection (c). (c) Updated State Outreach Plan Guidance.--Not later than 90 days after the Secretary submits to Congress a report under subsection (b), the Secretary shall publish an updated State Outreach Plan Guidance that-- (1) describes existing data on college student food insecurity; (2) describes the manner in which college students can access the supplemental nutrition assistance program; (3) recommends outreach activities to address college student food insecurity and encourages States to conduct those and other outreach activities; (4) provides a template for a State to submit information to the Secretary describing the outreach activities being carried out by the State to address college student food insecurity; and (5) contains updated guidance based on the contents of that report. SEC. 4. DEMONSTRATION PROGRAM. Section 17 of the Food and Nutrition Act of 2008 (7 U.S.C. 2026) is amended by adding at the end the following: ``(o) College Student Food Insecurity Demonstration Program.-- ``(1) Definitions.--In this subsection: ``(A) College student.--The term `college student' means a student enrolled in an institution of higher education. ``(B) Demonstration program.--The term `demonstration program' means the demonstration program established under paragraph (2). ``(C) Institution of higher education.--The term `institution of higher education'-- ``(i) has the meaning given the term in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001); and ``(ii) includes a postsecondary vocational institution (as defined in section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002)). ``(2) Demonstration program.--Pursuant to subsection (b), the Secretary, in collaboration with the Secretary of Education, shall establish a demonstration program under which the Secretary shall carry out demonstration projects in accordance with paragraph (3)-- ``(A) to decrease student food insecurity at institutions of higher education; and ``(B) to reduce barriers to college students fully utilizing supplemental nutrition assistance program benefits at institutions of higher education. ``(3) Demonstration projects.--To carry out the demonstration program, the Secretary shall carry out demonstration projects that test the following new supplemental nutrition assistance program delivery methods: ``(A) Allowing a college student receiving supplemental nutrition assistance program benefits-- ``(i) to use those benefits to purchase prepared foods from a campus dining hall, on- campus store, or other on-campus merchant or provider that typically sells prepared meals and participates in the student meal program at the institution of higher education at which the student is enrolled; and ``(ii) to be exempt from requirements to purchase a campus meal plan as part of the attendance of the college student at the institution of higher education. ``(B) Allowing a college student to use an EBT card or a campus-specific card at any of the locations described in subparagraph (A)(i) or a retailer authorized under section 9. ``(4) Project limit.-- ``(A) In general.--The Secretary shall carry out not more than 10 demonstration projects under the demonstration program simultaneously. ``(B) Institutions.--The Secretary shall carry out not more than 1 demonstration project under the demonstration program at any single institution of higher education. ``(5) Priority.--In selecting an institution of higher education at which to carry out a demonstration project, the Secretary shall give priority to an institution of higher education-- ``(A) at which not less than 25 percent of enrolled students are students that are eligible to receive a Federal Pell Grant under subpart 1 of part A of title IV of the Higher Education Act of 1965 (20 U.S.C. 1070a et seq.); or ``(B) that is described in section 371(a) of the Higher Education Act of 1965 (20 U.S.C. 1067q(a)). ``(6) Project administration.-- ``(A) In general.--The Secretary shall establish criteria and parameters for selecting, operating, monitoring, and terminating each demonstration project under the demonstration program. ``(B) Prices charged.--The Secretary shall ensure that prices charged by food providers participating in a demonstration project under the demonstration program are comparable to prices charged by those food providers prior to participation. ``(7) Project termination.--To the maximum extent practicable, the Secretary shall ensure that the termination of a demonstration project under the demonstration program shall not cause sudden adverse changes, including a reduction of institutional financial aid or the elimination of benefits under the supplemental nutrition assistance program, for students participating in the demonstration project. ``(8) Program termination.--The demonstration program shall terminate on the date that is 10 years after the date on which the demonstration program is established. ``(9) Evaluation.--For the duration of the demonstration program, the Secretary shall, in collaboration with the Director of the Institute of Education Sciences, conduct an annual evaluation of each demonstration project carried out under the demonstration program during the year covered by the evaluation, including an analysis of the extent to which the project is meeting the desired outcomes, which include reduction in food insecurity and improved academic performance. ``(10) Report.--For the duration of the demonstration program, the Secretary shall submit to the Committees on Agriculture, Nutrition, and Forestry and Health, Education, Labor, and Pensions of the Senate and the Committees on Agriculture and Education and Labor of the House of Representatives an annual report that includes-- ``(A) a description of each demonstration project carried out under the demonstration program during the year covered by the report; ``(B) the evaluation conducted under paragraph (9); and ``(C) recommendations for legislation to improve the supplemental nutrition assistance program to better serve college students. ``(11) Waiver and modification authority.-- ``(A) In general.--Subject to subparagraph (B), the Secretary may, as may be necessary solely to carry out the demonstration program-- ``(i) waive any provision under this Act, including-- ``(I) the requirement relating to local sales tax under section 4(a); ``(II) requirements relating to the issuance and use of supplemental nutrition assistance program benefits under section 7; and ``(III) requirements for approval of retail food stores under section 9; and ``(ii) modify the definitions under this Act for the purposes of the demonstration program, including the definition of-- ``(I) the term `food' under section 3(k); ``(II) the term `household' under section 3(m); and ``(III) the term `retail food store' under section 3(o). ``(B) Limitation.--The Secretary may not waive a provision or modify a definition under subparagraph (A) if the waiver or modification will-- ``(i) cause increased difficulty for any household to apply for or access supplemental nutrition assistance program benefits; or ``(ii) reduce the value of those benefits for any household. ``(12) Authorization of appropriations.--There are authorized to be appropriated to the Secretary such sums as are necessary to carry out this subsection. ``(13) Appropriations in advance.--Only funds appropriated under paragraph (12) in advance specifically to carry out this subsection shall be available to carry out this subsection.''. SEC. 5. EFFECTIVE DATE. This Act and the amendments made by this Act shall take effect on the date that is 180 days after the date of enactment of this Act. <all>

Student Food Security Act of 2021

To amend the Food and Nutrition Act of 2008 to expand the eligibility of students to participate in the supplemental nutrition assistance program, establish college student food insecurity demonstration programs, and for other purposes.

Student Food Security Act of 2021

Rep. Hayes, Jahana

D

CT

S.4084

Commerce

Leveraging our National Laboratories to Develop Tomorrow's Technology Leaders Act of 2022 This bill requires the Department of Energy to award grants to maintain a lab-embedded entrepreneurship program that provides entrepreneurial fellows with access to National Laboratory research facilities, expertise, and mentorship.

To support the lab-embedded entrepreneurship program under the Department of Energy, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Leveraging our National Laboratories to Develop Tomorrow's Technology Leaders Act of 2022''. SEC. 2. LAB-EMBEDDED ENTREPRENEURSHIP PROGRAM. (a) Definitions.--In this section: (1) Covered program.--The term ``covered program'' means a program described in subsection (c). (2) Eligible entity.-- (A) In general.--The term ``eligible entity'' means-- (i) a National Laboratory; and (ii) an entity described in subparagraph (B) in partnership with a National Laboratory. (B) Entity described.--An entity referred to in subparagraph (A)(ii) is-- (i) a nonprofit organization; (ii) an institution of higher education; and (iii) any other entity that the Secretary determines appropriate. (3) Entrepreneurial fellow.--The term ``entrepreneurial fellow'' means an individual participating in a covered program. (4) National laboratory.--The term ``National Laboratory'' has the meaning given the term in section 2 of the Energy Policy Act of 2005 (42 U.S.C. 15801). (5) Program.--The term ``program'' means the Lab-Embedded Entrepreneurship Program authorized under subsection (b). (6) Secretary.--The term ``Secretary'' means the Secretary of Energy. (b) Program.--The Secretary shall establish a program, to be known as the ``Lab-Embedded Entrepreneurship Program'', under which the Secretary shall award grants to eligible entities for the purpose of establishing or maintaining a covered program. (c) Covered Programs.--An eligible entity receiving a grant under the program shall use the grant funds to establish or maintain a lab- embedded entrepreneurship program to provide entrepreneurial fellows with access to National Laboratory research facilities, expertise, and mentorship-- (1) to perform research and development; and (2) to gain expertise that may be required or beneficial for the commercial application of research ideas. (d) Entrepreneurial Fellows.-- (1) In general.--In participating in a covered program, an entrepreneurial fellow shall be provided by an eligible entity with-- (A) opportunities for entrepreneurial training, professional development, and exposure to leaders from academia, industry, government, and finance, who may serve as advisors to or partners of an entrepreneurial fellow; (B) financial and technical support for research, development, and commercial application activities; (C) fellowship awards to cover costs of living, health insurance, and travel stipends for the duration of the fellowship; (D) market and customer discovery opportunities; (E) engagement with external stakeholders; and (F) any other resources determined appropriate by the Secretary. (2) Priority.--In carrying out a covered program, an eligible entity shall give priority to supporting entrepreneurial fellows with respect to professional development and development of a relevant technology. (3) Intellectual property.--In participating in a covered program, an entrepreneurial fellow shall retain all rights relating to intellectual property developed by the entrepreneurial fellow through activities carried out under the covered program. (e) Partnerships.--An eligible entity described in subparagraph (A)(i) of subsection (a)(2) that receives a grant under the program may carry out a covered program in partnership with 1 or more entities described in subparagraph (B) of that subsection. (f) Metrics.--The Secretary shall develop metrics to assess the effectiveness of each covered program in achieving the purposes of the program. (g) Coordination; Interagency Collaboration.--The Secretary shall-- (1) oversee the planning and coordination of grants awarded under the program; and (2) collaborate with other Federal agencies, including the Department of Defense, regarding opportunities for Federal agencies to partner with covered programs. (h) Best Practices.--The Secretary shall identify and disseminate to eligible entities best practices for achieving the purposes of the program. (i) Assessments; Reports.--Not later than 4 years after the date of enactment of this Act, and not less frequently than biennially thereafter, the Secretary shall-- (1) conduct an assessment of each covered program based on the metrics developed under subsection (f); and (2) submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Science, Space, and Technology of the House of Representatives a report summarizing the findings of those assessments. (j) Authorization of Appropriations.--There is authorized to be appropriated to the Secretary to carry out this section $25,000,000 for each of fiscal years 2023 through 2027. <all>

Leveraging our National Laboratories to Develop Tomorrow’s Technology Leaders Act of 2022

A bill to support the lab-embedded entrepreneurship program under the Department of Energy, and for other purposes.

Leveraging our National Laboratories to Develop Tomorrow’s Technology Leaders Act of 2022

Sen. Lujan, Ben Ray

D

NM

H.R.9386

Environmental Protection

Better Data for Cleaner Air Act of 2022 This bill requires the Environmental Protection Agency to take specified actions related to monitoring and improving air quality, including by implementing a program to administer or conduct emissions measurement and quantification, promulgating regulations related to specified source categories, formulating recommendations on how to expand ambient air monitoring and access to air quality information for certain communities, and deploying not fewer than 1,000 air quality sensors.

To protect clean air and public health by expanding fenceline and ambient air monitoring and access to air quality information for communities affected by air pollution, to require hazardous air pollutant monitoring at the fenceline of facilities whose emissions are linked to local health threats, to ensure the Environmental Protection Agency promulgates rules that require hazardous air pollutant data measurement and electronic submission at fencelines and stacks of industrial source categories, to expand and strengthen the national ambient air quality monitoring network, to deploy air sensors in communities affected by air pollution, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Better Data for Cleaner Air Act of 2022''. SEC. 2. DEFINITIONS. In this Act: (1) Administrator.--The term ``Administrator'' means the Administrator of the Environmental Protection Agency. (2) Accidental release.--The term ``accidental release'' has the meaning given the term in section 112(r)(2) of the Clean Air Act (42 U.S.C. 7412(r)(2)). (3) Area source; existing source; hazardous air pollutant; major source; new source; stationary source.--Except as otherwise provided, the terms ``area source'', ``existing source'', ``hazardous air pollutant'', ``major source'', ``new source'', and ``stationary source'' have the meanings given the terms in section 112(a) of the Clean Air Act (42 U.S.C. 7412(a)). (4) Emissions measurement system.--The term ``emission measurement system'' means a set of monitors, testing equipment, tools, and processes employed at a facility to measure emissions from direct and fugitive points at a source or facility or at the source's or facility's fenceline that employs Environmental Protection Agency-approved or promulgated test methods for all measured pollutants for which a method is available. (5) Federal equivalent method; federal reference method.-- The terms ``Federal equivalent method'' and ``Federal reference method'' have the meanings given to such terms in section 53.1 of title 40, Code of Federal Regulations (or to the same or substantially similar terms in successor regulations). (6) Method 325a.--The term ``Method 325A'' means the most current version of the test method 325A published by the Environmental Protection Agency. (7) Method 325b.--The term ``Method 325B'' means the most current version of the test method 325B published by the Environmental Protection Agency. (8) Method to-15a.--The term ``Method TO-15A'' means the most current version of the test method TO-15 (including TO- 15A) published by the Environmental Protection Agency. (9) National ambient air quality standard.--The term ``national ambient air quality standard'' means a national ambient air quality standard established under section 109 of the Clean Air Act (42 U.S.C. 7409). (10) NCore; slams.--The terms ``NCore'' and ``SLAMS'' have the meaning given those terms in section 58.1 of title 40, Code of Federal Regulations (as in effect on the date of enactment of this Act). (11) Real-time.--The term ``real-time'' means the actual or near actual time during which pollutant levels occur at or near the property boundary of a facility or in a nearby community. (12) Source.--The term ``source'' means a source as such term is used in the Clean Air Act (42 U.S.C. 7401 et seq.). SEC. 3. HEALTH EMERGENCY AIR TOXICS MONITORING NETWORK. (a) Monitoring.-- (1) In general.-- (A) Program.--The Administrator shall carry out a program to administer or conduct, pursuant to authority provided under the Clean Air Act (42 U.S.C. 7401 et seq.), including sections 103 and 114 of that Act (42 U.S.C. 7403, 7414), emissions measurement and quantification, including the best available form of fenceline monitoring of stationary sources of hazardous air pollutants that are on the list developed under subsection (c), including through expansion of the National Air Toxics Trends Station network or through creating a new network, as appropriate. (B) Timing.--The Administrator shall begin implementation of the program under subparagraph (A) not later than 18 months after the date of enactment of this Act. (2) Monitoring period.-- (A) In general.--The Administrator shall maintain the monitoring required under paragraph (1) for a period of not less than 6 years after the date on which the monitoring required under that paragraph is first carried out. (B) Subsequent monitoring.--After the 6-year period described in subparagraph (A), the Administrator shall maintain the emissions measurement and quantification program under paragraph (1), consistent with this section, through-- (i) maintaining monitors at all or some sources under the program under paragraph (1); and (ii) adding or moving monitors under the program under paragraph (1) to additional sources, following the process for substitution of sources in subsection (g). (C) Shortened period.--If the Administrator determines that 6 years of monitoring, as required by subparagraph (A), is not necessary to protect public health or assure compliance at the source or the facility involved, the Administrator may decrease or end the monitoring after at least 3 years of monitoring has occurred. (D) Additional inspections and testing.--In addition to fenceline monitoring under the program under this subsection, the Administrator shall use the Administrator's full authority to inspect and require emission testing at sources at or inside the facility involved to the extent necessary to identify and address the emissions crossing the fenceline. (b) Publication of Results.-- (1) In general.--The Administrator shall publish and maintain the plans for and the results of all measurements, including fenceline monitoring, conducted under the program under subsection (a)(1) on the website of the Environmental Protection Agency-- (A) in a highly accessible format; (B) in multiple languages; and (C) for a period of at least 6 years. (2) Immediate availability.--The Administrator shall ensure that the monitoring data described in paragraph (1) is made publicly available under that paragraph as expeditiously as practicable, and not later than 7 days after electronic submission, which shall be not later than one month after the date of collection of such data. (c) List of Sources.-- (1) Development.-- (A) In general.--Not later than 270 days after the date of enactment of this Act, the Administrator shall publish, after public notice and comment, a list of stationary sources of hazardous air pollutants that, subject to subparagraph (B), includes-- (i) at least 45 of the sources listed-- (I) as high-priority facilities in Appendix A of the report of the Office of Inspector General of the Environmental Protection Agency numbered 20-N-0128 and dated March 31, 2020; or (II) as contributing to high cancer risk at the census block level in Appendix C of the report of the Office of Inspector General of the Environmental Protection Agency numbered 21-P-0129 and dated May 6, 2021; and (ii) at least 55 other major sources or area sources that meet the criteria described in paragraph (2). (B) Substitution.-- (i) In general.--If the Administrator determines that a source described in subparagraph (A)(i) no longer contributes to high health risks or impacts, the Administrator shall-- (I) cease to include that source in the list under subparagraph (A); and (II) include instead an additional major source or area source described in subparagraph (A)(ii) to ensure that the list under subparagraph (A) includes not less than 100 high- priority sources. (ii) Description of reasons.--The Administrator shall publish in the Federal Register-- (I) any determination to make a substitution under clause (i); and (II) an explanation of the reasons for any such determination demonstrating, based on monitoring data or other reliable information, that the substitution is likely to ensure that monitoring under this section occurs at the sources causing or contributing to the highest potential health risks or other impacts from hazardous air pollution. (iii) Requirement.--The Administrator may include an additional major source or area source under clause (i)(II) only if the Administrator determines that the source is, or is likely to be, contributing local health risks or impacts that are equivalent to, or greater than, those of the source for which the new source is being substituted. (2) Criteria.--The Administrator may include a major source or area source described in clause (ii) of paragraph (1)(A) on the list described in that paragraph only if the source-- (A) emits at least 1 of the pollutants described in paragraph (3); (B) is-- (i) located in, or within 3 miles of, a census tract with-- (I) a cancer risk of at least 100- in-1,000,000; or (II) a chronic non-cancer hazard index that is greater than 1; or (ii) in a source category with-- (I) a cancer risk that is at least 50-in-1,000,000 for the individual most exposed to emissions from the source category; (II) a total organ-specific hazard index for chronic non-cancer risk that is greater than 1; or (III) an acute risk hazard quotient that is greater than 1; and (C)(i) is classified in 1 or more of North American Industry Classification System codes 322, 324, 325, 326, 331, 332, 339, 424, and 562; (ii)(I) is required to prepare and implement a risk management plan pursuant to section 112(r) of the Clean Air Act (42 U.S.C. 7412(r)); and (II) has had an accidental release required to be reported during the previous 5-year period pursuant to sections 68.42 and 68.195 of title 40, Code of Federal Regulations (as in effect on the date of enactment of this Act); or (iii) is determined by the Administrator to be a high-priority source or facility for emissions measurement because the emissions of the source or facility are causing or contributing to, or have the potential to cause or contribute to, serious health risks or impacts. (3) Pollutants.--The pollutants described in this paragraph are-- (A) ethylene oxide, CAS 75218; (B) chloroprene, CAS 126998; (C) benzene, CAS 71432; (D) 1,3-butadiene, CAS 106990; (E) formaldehyde, CAS 50000; (F) acetaldehyde, CAS 75070; (G) lead compounds; (H) arsenic compounds; (I) cadmium compounds; (J) nickel compounds; (K) manganese compounds; (L) any other hazardous air pollutant included in the list described in section 112(b) of the Clean Air Act (42 U.S.C. 7412(b)) that the Administrator determines, after public notice and comment, the emissions of which-- (i) are, or may be contributing to, serious health risks; and (ii) warrant emissions quantification and measurement; and (M) any pollutant that is a precursor to atmospheric photochemical production of any other pollutant on such list. (4) Use of risk assessments.--In carrying out this subsection, the Administrator shall-- (A) use-- (i) the Environmental Protection Agency's latest evaluations and methods of compiling and evaluating information about risks from air toxics, or the most recent Air Toxics Screening Assessment or other current evaluation or report by the Environmental Protection Agency providing similar information about cancer and noncancer risks from hazardous air pollution based on measured or modeled emissions; (ii) the Risk-Screening Environmental Indicators model of the Administrator; (iii) a prior health risk assessment that was performed by the Administrator for the applicable source or source category; or (iv) a new health risk assessment performed by the Administrator that-- (I) follows the best available science (including the most recent guidance from the National Academy of Sciences); and (II) considers, to the greatest extent practicable, with respect to the applicable source or facility-- (aa) cumulative risks and impacts; (bb) increased vulnerability that results from socioeconomic disparities; (cc) multiple source exposure; and (dd) exposure in utero, in childhood, and through the age of 85; and (B) consider-- (i) the most recent emission tests available to the Administrator or received by the Environmental Protection Agency in public comment; and (ii) any fenceline or ambient monitoring data for which an Environmental Protection Agency-approved data quality check has been performed. (d) Methods and Technologies.-- (1) In general.--Except as provided in paragraph (3), in carrying out the program under subsection (a), the Administrator shall for each stationary source on the list published under subsection (c)(1), employ an emissions measurement system to monitor the pollutants described in subsection (c)(3) emitted by the stationary source, including at least-- (A) the most current Environmental Protection Agency-approved or promulgated emission test or monitoring method, including Methods 325A, 325B, and TO-15 or the most current and best available version of such methods approved or promulgated by the Environmental Protection Agency; or (B) for each stationary source described in paragraph (2), the best available method for continuous, real-time measurement of air pollutant concentrations. (2) Stationary sources described.--A stationary source referred to in paragraph (1)(B) is-- (A) not less than each of the 20 stationary sources on the list published under subsection (c)(1) that-- (i) emits the greatest volume of pollutants described in subsection (c)(3); or (ii) causes the greatest health risk, based on the emissions of the pollutants described in subsection (c)(3) individually, as a group, or cumulatively, based on-- (I)(aa) the Environmental Protection Agency's latest evaluations and methods of compiling and evaluating information about risks from air toxics, or the most recent Air Toxics Screening Assessment or other current evaluation or report by the Environmental Protection Agency providing similar information about cancer and noncancer risks from hazardous air pollution based on measured or modeled emissions; (bb) the Risk-Screening Environmental Indicators model of the Administrator; (cc) a prior health risk assessment that was performed by the Administrator for the applicable source or source category; or (dd) a new health risk assessment performed by the Administrator that-- (AA) follows the best available science (including the most recent guidance from the National Academy of Sciences); and (BB) considers, to the greatest extent practicable, with respect to the applicable source or facility, cumulative risks and impacts, increased vulnerability that results from socioeconomic disparities, multiple source exposure, and exposure in utero, in childhood, and through the age of 85; and (II) the most recent emission tests available to the Environmental Protection Agency or received in public comment, and any fenceline or ambient monitoring data for which an Environmental Protection Agency- approved data quality check has been performed; (B) any other stationary source on the list published under subsection (c)(1) that is regulated under section 112(r)(7) of the Clean Air Act (42 U.S.C. 7412(r)(7)) and has had an accidental release or incident that is required to be reported during the previous 5-year period under such section 112(r)(7); and (C) any other stationary source on the list published under subsection (c)(1) for which application of the methods described in subparagraph (A) alone will not be sufficient to monitor and report the pollutants described in subsection (c)(3) that are emitted by that stationary source. (3) Updates.-- (A) Approved or promulgated methods.--The Administrator shall-- (i) not later than 270 days after the date of enactment of this Act, review and, after public notice and comment, update each approved or promulgated test method described in this section to add as many of the pollutants described in subsection (c)(3) as possible; and (ii) otherwise strengthen the test methods described in clause (i) to support effective hazardous air pollutant measurement and the full implementation of this Act. (B) New test methods.-- (i) In general.--Not later than 18 months after the date of enactment of this Act, the Administrator shall approve or promulgate, as applicable, any new test methods that are necessary to ensure effective fenceline monitoring of all pollutants and sources described in this section, including-- (I) at least 1 method that represents the best and most accurate form of continuous, real-time fenceline monitoring; and (II) at least 1 method that represents the best and most accurate form of multimetal monitoring. (ii) Updates required.--Not less frequently than once every 10 years, the Administrator shall review and, if necessary, after public notice and comment, strengthen or add new test methods that meet the requirements under clause (i), which shall be based on-- (I) the best available monitoring technologies; and (II) the advice of staff of the Environmental Protection Agency responsible for enforcement of this Act and other monitoring experts. (e) Monitor Placement and Maintenance.-- (1) In general.--The Administrator shall, after public notice and comment, place and maintain, or ensure placement and regular maintenance of, all monitors required under this section to ensure effective and reliable emissions measurement pursuant to this section. (2) Maintenance check.--The maintenance required under paragraph (1) shall include a maintenance check of the monitor not less frequently than once every 180 days, unless-- (A) the test method used by the monitor requires a maintenance check more frequently; or (B) a maintenance check is requested by a member of the public. (3) Public input.--The Administrator shall, after public notice and comment, create a process for the public-- (A) to track the maintenance of monitors under this subsection; and (B) request a maintenance check of a monitor. (f) Report.--Not later than 6 years after the date of enactment of this Act, and not less frequently than every 6 years thereafter, the Administrator shall submit to the Congress and post publicly on the website of the Environmental Protection Agency a report describing the results of the program carried out under subsection (a), which shall include-- (1) the results of emissions measurement implemented under that program; (2) any actions of the Administrator taken based on that emissions measurement data or program; and (3) whether the Administrator proposes-- (A) to continue emissions measurements at any or all of the stationary sources on the list published under subsection (c)(1); or (B) to implement emissions measurements of any additional stationary sources as determined under subsection (g). (g) Determination Regarding Additional Sources.--Not later than 6 years after the date of enactment of this Act, and not less frequently than every 6 years thereafter, the Administrator shall-- (1) after public notice and comment, make a determination of whether to add or remove sources to the list published under subsection (c)(1)-- (A) to ensure compliance of such stationary sources with existing emission standards under section 112 of the Clean Air Act (42 U.S.C. 7412); (B) to prevent and detect accidental releases; (C) to protect the health of the communities most exposed to the emissions of hazardous air pollutants from such stationary sources to the greatest extent possible; or (D) to ensure the 100 highest-priority sources or facilities, based on the best available science and the most current data on health risks and impacts, have emissions measurement systems in place for pollutants required to be monitored under this section; and (2) publish a determination under paragraph (1) in the Federal Register. (h) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $146,000,000 for the period of fiscal years 2023 and 2024. SEC. 4. COMMUNITY AIR TOXICS MONITORING. (a) Regulations.--Not later than 2 years after the date of enactment of this Act, the Administrator shall promulgate regulations pursuant to authority provided by the Clean Air Act, which may include subsections (d), (f), and (r) of section 112, section 113, and section 114 of the Clean Air Act (42 U.S.C. 7412, 7413, 7414), for each source category described in subsection (b), that-- (1) require all sources in the source category to implement, not later than 1 year after the promulgation of the regulations, the best available form of emissions measurement, including continuous emissions monitoring and fenceline monitoring, to ensure compliance with the emission standards for hazardous air pollutants; (2) for facilities in the source category that are required to submit risk management plans under section 112(r)(7) of that Act (42 U.S.C. 7412(r)(7)), require each facility to implement-- (A) continuous, real-time monitoring to provide for effective emergency response and provide information to prevent future releases; and (B) emissions measurement, including fenceline monitoring, to provide for effective emergency response and provide information to prevent future releases; (3) subject to subsection (e), establish a corrective action level at the fenceline for at least the top 3 hazardous air pollutants that drive the cancer, chronic non-cancer, or acute risk for the source category; (4) if any applicable corrective action level under paragraph (3) is exceeded, require-- (A) a root cause analysis; (B) full remedial action to resolve the exceedance and protect the most exposed or most vulnerable individuals potentially affected by the exceedance; and (C) a public report that a violation of the Clean Air Act (42 U.S.C. 7401 et seq.) has occurred; and (5) treat any requirement imposed by the regulations under this section as a requirement under section 112 of the Clean Air Act (42 U.S.C. 7412) that is enforceable under section 113 of such Act (42 U.S.C. 7413). (b) Source Categories.--The source categories described in this subsection shall include-- (1) each category or subcategory of major sources or area sources that-- (A) contains-- (i) at least 1 of the stationary sources of hazardous air pollutants that are on the list published under section 3(c); (ii) major sources or area sources identified in the most recent National Emissions Inventory of the Environmental Protection Agency as emitting a pollutant described in section 3(c)(3); (iii) petroleum, chemical, petrochemical, or plastics manufacturing sources, marine vessel loading operations, or other sources that are classified in 1 or more of North American Industry Classification System codes 322, 324, 325, 326, 331, 332, 339, 424, and 562; or (iv) any other major source of fugitive hazardous air pollutant emissions for which the Environmental Protection Agency is subject to a court-ordered or statutory deadline, engaged in a reconsideration proceeding, or subject to a court remand (or is likely within the 2-year period beginning on the date of enactment of this Act to become subject to such an obligation or action) to review and determine whether to revise the emissions standards that apply to that major source; or (B) contains any stationary source that-- (i) is regulated under section 112(r)(7) of the Clean Air Act (42 U.S.C. 7412(r)(7)); and (ii) has had an accidental release or incident that is required to be reported during the previous 5-year period under such section 112(r) and the regulations thereunder; and (2) any other source category for which the Administrator determines that requiring fenceline monitoring would benefit public health or welfare. (c) Determination of Best Available Form of Monitoring.-- (1) In general.--The Administrator, in consultation with the Office of Air and Radiation, the Office of Enforcement and Compliance Assurance, the Office of Environmental Justice, and the Office of Research and Development, shall, for purposes of the regulations promulgated pursuant to subsection (a)-- (A) determine the best available form of emissions measurement, including continuous emissions monitoring and fenceline monitoring; and (B) ensure the methods required under the regulations are at least as stringent as the most current Environmental Protection Agency-approved or promulgated emission test or monitoring method, including Methods 325A, 325B, and TO-15 (or the most current and best available version of such methods approved or promulgated by the Environmental Protection Agency). (2) Requirement.--In carrying out paragraph (1)(B), the Administrator shall ensure that 1 or more of the methods described in or promulgated under section 3 or subsection (d) (including multimetal monitoring) is included in the regulations promulgated pursuant to subsection (a) if that method is the best available method for 1 or more of the pollutants for which monitoring is required under this section. (d) Methods and Technologies.-- (1) In general.--For all stationary sources in the source categories described in subsection (b), as the best available fenceline monitoring method for those source categories, the Administrator may, in the regulations promulgated pursuant to subsection (a)-- (A) require application, implementation, or employment of optical remote sensing technology to provide real-time measurements of air pollutant concentrations along an open-path; or (B) provide an explanation of why application, implementation, or employment of 1 or more of the technologies described in subparagraph (A) is not necessary-- (i) to ensure compliance with the emission standards established under the regulations promulgated pursuant to subsection (d), (f), or (r) of section 112 of the Clean Air Act (42 U.S.C. 7412), as applicable; or (ii) to protect the public health, to prevent accidental releases, or to provide for effective emergency response. (2) Multiple-source or facility complexes.-- (A) Definition of multiple-source or facility complex.--In this paragraph, the term ``multiple-source or facility complex'' means 1 or more stationary sources co-located at the same site. (B) Multiple-source or facility complex monitoring.--In the regulations promulgated pursuant to subsection (a), the Administrator shall ensure that the best available form of monitoring for a multiple-source or facility complex that contains not less than 2 stationary sources in 1 or more of North American Industry Classification System codes 324, 325, and 326, or a related chemical or petrochemical sector, may be at least a combination of-- (i) real-time, open-path monitoring; and (ii) Method 325A and Method 325B. (C) Requirement.--In carrying out subparagraph (B), the Administrator may consider whether any other multiple-source or facility complexes should be required to employ the combined monitoring methods described in that subparagraph. (e) Precautionary Approach.--In promulgating the corrective action level for each of the hazardous air pollutants described in subsection (a)(3), the Administrator shall-- (1) consider the best available science; (2) take a precautionary approach to ensure that the owner or operator of the source or facility reduces the emissions of the source or facility to prevent harm if the measured concentration at the fenceline would, or is likely to-- (A) increase harm to public health or safety (including through an increased health risk); or (B) reach a level that may result in short-term, long-term, or chronic human exposure to air pollution (including any fetal exposure that begins in utero) that increases the risk of-- (i) health harms resulting from odors, irritation, sensitizing effects, or any combination of those harms; (ii) disease (including cancer and other illnesses); or (iii) death; and (3) take into account the aggregate and cumulative emissions and health risks from the facility, including multiple source categories, as applicable, to ensure full health protection from the entire facility. (f) Maintenance and Public Reporting.-- (1) In general.--In the regulations promulgated under subsection (a), the Administrator shall ensure that-- (A) the owners or operators of sources subject to the requirements of this section-- (i) perform regular inspections and maintenance of all measured equipment required under this section; and (ii) submit regular reports to the Administrator that-- (I) include the measured emissions data collected by that emissions measurement equipment; (II) describe the status of that measurement equipment; and (III) contain a detailed explanation of the circumstances surrounding a delay in collecting or missing data; (B) the emissions measurement system required under this section is continuous and yields reliable data not less than 95 percent of the time, without any regulatory exemption or extension; and (C) any problem with the fenceline monitoring equipment required under this section is repaired within 2 days of discovering the problem. (2) Violation.--In the regulations promulgated under subsection (a), the Administrator shall-- (A) require the owner or operator of a stationary source subject to such regulations to report, with respect to such source, at least semiannually-- (i) all exceedances of any corrective action level; and (ii) all corrective action planned and taken; and (B) for purposes of imposing penalties, treat each day on which a violation of a reporting requirement under subparagraph (A) continues as a separate violation. (3) Public reporting.-- (A) In general.--The Administrator shall make available on the website of the Environmental Protection Agency, in an accessible format that includes multiple languages-- (i) all emissions measurement plans and reports required under this section; (ii) all emissions measurement data collected by monitoring equipment required under this section; and (iii) an option to sign up for community- wide or source-specific alerts that alert the user if the emissions concentrations measured pursuant to clause (i) or (ii), as applicable, exceed-- (I) a health reference level of the Administrator; (II) a health reference level approved by the Administrator; or (III) the applicable corrective action level under subsection (a)(3). (B) Public notice and comment.--The Administrator shall provide notice and receive public comment on the format and accessibility of the information required under subparagraph (A). (C) Publication.--The Administrator shall publicize the information required under subparagraph (A) in each community that contains a source regulated under this section through not less than 2 of the most widely viewed local media formats for members of that community that live nearest the regulated source. (g) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $50,000,000 for the period of fiscal years 2023 and 2024. SEC. 5. NAAQS MONITORING NETWORK. (a) Deployment of NCore Multipollutant Monitoring Stations.--The Administrator shall require the deployment of 80 additional NCore multipollutant monitoring stations. (b) Deadline.--Not later than 3 years after the date of enactment of this Act, the Administrator shall ensure that all NCore multipollutant monitoring stations required to be deployed under subsection (a) are-- (1) installed and integrated into the air quality monitoring system established pursuant to sections 110(a)(2)(B) and 319 of the Clean Air Act (42 U.S.C. 7410(a)(2)(B), 7619); and (2) after installation, operated and maintained on a continuing basis. (c) Monitoring Results.--Monitoring results from NCore multipollutant stations deployed pursuant to subsection (a) shall be used for-- (1) assessments of the compliance of areas with national ambient air quality standards; (2) integrated science assessments in reviews of national ambient air quality standards promulgated under section 109 of the Clean Air Act (42 U.S.C. 7409); (3) evaluating disparities of pollution exposures within metropolitan areas; and (4) such other purposes as the Administrator determines will promote the protection of public health from air pollution. (d) Locations.-- (1) Vulnerable populations.--The Administrator shall ensure that not less than 40 of the NCore multipollutant monitoring stations required under subsection (a)-- (A) are not limited to metropolitan statistical areas with populations of 50,000 or greater; and (B) are sited in census tracts that each meet 1 or more of the following criteria, with the specific site selected consistent with Appendix D to part 58 of title 40, Code of Federal Regulations (as in effect on the date of enactment of the Act): (i) The rates of childhood asthma, adult asthma, chronic obstructive pulmonary disease, heart disease, or cancer are at least 5 percent higher than the national average for that condition in the census tract. (ii) The percentage of people living below the poverty level, that are above age 18 without a high school diploma, or that are unemployed, is higher than the national average in the census tract. (iii) Two or more major sources (as defined in section 501 of the Clean Air Act (42 U.S.C. 7661)) are located within the census tract or adjacent census tracts combined. (iv) There is a higher-than-national- average population in the census tract of vulnerable or sensitive individuals who may be at greater risk than the general population of adverse health effects from exposure to 1 or more air pollutants for which national ambient air quality standards have been established pursuant to section 109 of the Clean Air Act (42 U.S.C. 7409). (2) Siting determinations.--In determining and approving sites for NCore multipollutant monitoring stations required under subsection (a), the Administrator shall-- (A) invite proposals from or on behalf of residents of any community for the siting of the stations in that community, which may include inviting proposals through regional or virtual meetings; (B) prioritize siting of the stations in census tracts or counties that the Administrator determines should be prioritized for siting based on-- (i) the potential for the levels of 1 or more air pollutants to be monitored by the stations to reach or exceed the level of the applicable national ambient air quality standard established pursuant to section 109 of the Clean Air Act (42 U.S.C. 7409); (ii) the number of people who live, work, or recreate in the area or areas for which monitoring by the stations is reasonably anticipated to be representative with respect to air quality and the proportion of those people who are at higher risk than the general population of adverse health effects from the air pollutants monitored; (iii) the lack or inadequacy of existing air quality monitors for providing representative air quality data for the affected area or areas for the pollutants to be measured by the station; and (iv) the current designation of the area in which the monitoring station would be located as unclassifiable or attainment for one or more of the pollutants to be monitored by that station; and (C) prior to making siting determinations-- (i) provide public notice of proposed siting locations-- (I) in the Federal Register; (II) by email to persons who have requested notice of proposed siting determinations; (III) by news release; and (IV) by posting on the public website of the Environmental Protection Agency; and (ii) provide an opportunity for public comment for not less than 30 days after the date of publication of the notice required under clause (i) in the Federal Register. (3) Reliance on hybrid methods.--In determining under paragraph (2)(B)(i) the potential for an air pollutant to reach or exceed the level of the applicable standard, the Administrator may rely on hybrid methods that combine information from multiple sources, including monitors, sensors, modeling, and satellites. (e) Additional Ambient Monitors.-- (1) In general.--The Administrator shall deploy not fewer than 100 Federal reference method monitors or Federal equivalent method monitors for 1 or more air pollutants for which national ambient air quality standards have been established pursuant to section 109 of the Clean Air Act (42 U.S.C. 7409) in areas-- (A) that are unmonitored or undermonitored, as determined by the Administrator; and (B) within which the Administrator determines, after public notice and comment, that adding those monitors is warranted-- (i) to detect whether the area is in nonattainment of the applicable national ambient air quality standards; and (ii) to improve the publicly available data on air quality for 1 or more of those air pollutants (or precursors to those air pollutants). (2) Siting determinations.--In approving sites for new Federal reference method monitors or Federal equivalent method monitors required under this subsection, the Administrator shall prioritize siting of the stations in census tracts or counties in accordance with subsection (d)(2)(B). (3) Relation to previously deployed or planned monitors.-- The Federal reference method monitors required under this subsection shall be in addition to, and not in lieu of, any monitors already deployed or planned for deployment by the Administrator, any State, any other governmental entity, or any other entity prior to the date of enactment of this Act. (f) Report.--Not later than 2 years after the date of enactment of this Act, the Administrator shall-- (1) in coordination with the States, complete an assessment, which includes public input, on the status of all ambient air quality monitors that are part of Federal, State, or local networks and used for determining compliance with national ambient air quality standards; and (2) submit to the Congress and make available on the public website of the Environmental Protection Agency a report that includes-- (A) a list of all monitors identified under paragraph (1); and (B) a schedule and plan to restore or replace all monitors included in the list under subparagraph (A) to full operation not later than 16 months of the date of enactment of this Act, except that the schedule and plan shall not apply to monitors-- (i) that have been discontinued in accordance with section 58.14(c) of title 40, Code of Federal Regulations (as in effect on the date of enactment of this Act); and (ii)(I) for which such discontinuation is not subject to a judicial challenge; or (II) for which a judicial challenge described in subclause (I) has been fully resolved by a settlement or order that authorizes discontinuation of such monitor. (g) Designations.--Not later than 2 years after the date on which data is received from a monitor sited pursuant to this section that demonstrates that an area that is designated pursuant to section 107(d)(1) of the Clean Air Act (42 U.S.C. 7407(d)(1)) by the Administrator as in attainment or unclassifiable for an air pollutant is in violation of the applicable national ambient air quality standard, the Administrator shall redesignate pursuant to section 107(d)(3) of such Act (42 U.S.C. 7407(d)(3)) that area as in nonattainment for that pollutant unless the designation is otherwise precluded under this Act. (h) Satellite Monitoring.-- (1) Satellite monitoring data.-- (A) Provision of satellite data.--The Administrator of the Environmental Protection Agency may consult with the Administrator of the National Aeronautics and Space Administration regarding data from the satellites of the National Aeronautics and Space Administration for use in calculating design values under any national ambient air quality standards for PM<INF>10</INF> and PM<INF>2.5</INF>. (B) Regulations required.--The Administrator of the Environmental Protection Agency may promulgate regulations to specify procedures (including any modeling techniques) for using data described in subparagraph (A) in combination with information from multiple sources, including monitors and modeling, to calculate the expected number of exceedances per year and the design values for PM<INF>10</INF> and PM<INF>2.5</INF> for purposes of determining compliance or noncompliance with the national ambient air quality standards for those pollutants. (2) National academy of sciences report.-- (A) In general.--The Administrator may enter into an arrangement with the National Academy of Sciences under which the National Academy of Sciences agrees to submit a report that describes the actions necessary, including new science and satellite assets to enable the contribution of satellite monitoring to the calculation of design values and nonattainment determinations under any national ambient air quality standards for ozone, oxides of nitrogen, and oxides of sulfur established pursuant to section 109 of the Clean Air Act (42 U.S.C. 7409). (B) Regulations required.-- (i) In general.--Not later than December 31, 2023, the Administrator, in coordination with the Administrator of the National Aeronautics and Space Administration and the Administrator of the National Oceanic and Atmospheric Administration, shall promulgate regulations that provide a plan for the use of satellite monitoring data in calculating design values for the pollutants described in subparagraph (A). (ii) Requirement.--Not later than January 1, 2027, the Administrator shall implement the plan required by clause (i) and provide for use of satellite data in calculating design values for the pollutants described in subparagraph (A). (3) Definition.--For purposes of this subsection, the term ``design value'' means, for each pollutant, the air quality statistic the Administrator defines in part 50 (including appendices) of title 40, Code of Federal Regulations, for comparison with the relevant national ambient air quality standard established under section 109 of the Clean Air Act (42 U.S.C. 7409), regardless of whether the regulation (including appendices) in part 50 of title 40, Code of Federal Regulations, uses the term ``design value''. (i) Monitoring Plans.--Notwithstanding any other provision of law, the Administrator may not approve a State monitoring plan under section 58.10 of title 40, Code of Federal Regulations (or successor regulations) unless-- (1) the State provided, with respect to the State monitoring plan-- (A) public notice; (B) not less than 45 days for public comment; and (C) an opportunity for public hearing; and (2) the Administrator-- (A) proposes in the Federal Register to approve or disapprove of the State monitoring plan; (B) provides not less than 45 days for public comment on the proposal described in subparagraph (A); and (C) publishes in the Federal Register the final action on the proposal described in subparagraph (A). (j) Funding.-- (1) Authorization of appropriations.--There is authorized to be appropriated to carry out this section $75,000,000 for fiscal year 2023. (2) Uses.--The Administrator-- (A) may use the amounts made available to carry out this section-- (i) to directly deploy new or replacement NCore multipollutant monitoring stations required under subsection (a); or (ii) to make grants under section 103 or 105 of the Clean Air Act (42 U.S.C. 7403; 7405) to State and local governments for deployment and operation of the NCore multipollutant monitoring stations required under subsection (a); and (B) shall use not less than 5 percent, but not more than 10 percent, of the amounts made available to carry out this section to perform the maintenance and repairs necessary to restore to operation NCore multipollutant monitoring stations that are-- (i) as of the date of enactment of this Act, nonoperational; and (ii) located in areas that are designated as in nonattainment of national ambient air quality standards under section 109 of the Clean Air Act (42 U.S.C. 7409) for ozone or particulate matter. SEC. 6. SENSOR MONITORING. (a) Deployment of Air Quality Sensors.-- (1) In general.--Not later than 2 years after the date of enactment of this Act, the Administrator-- (A) shall deploy, in accordance with the prioritization criteria described in section 5(d)(2), not fewer than 1,000 air quality sensors, each of which shall cost not more than $5,000; (B) shall deploy such air quality sensors in clusters of not fewer than five in each of the census tracts or counties selected; (C) before determining and approving sites for such air quality sensors, shall invite, through public notice and other means designed to reach communities disproportionately impacted by air pollution, proposals from or on each behalf of residents of any community for the sites; and (D) may contract with State and local air pollution control agencies to conduct sensor monitoring and report the results. (2) Requirement.--In carrying out paragraph (1), the Administrator shall select sensors for deployment that-- (A) are available on the market at the time of purchase; (B) the Administrator determines will provide data of sufficient accuracy to provide a reasonable basis for determining whether the location in which the sensor is sited is or may be at risk of exceeding the applicable national ambient air quality standard established pursuant to section 109 of the Clean Air Act (42 U.S.C. 7409); and (C) are the lowest cost available that meet the criteria of subparagraph (B). (3) Exception to cost limitation.--Notwithstanding paragraph (1), if the Administrator determines in writing that a sensor model to measure a particular pollutant is not available on the market at a price at or below $5,000 each, the Administrator may spend an amount above $5,000 to acquire such sensor model so long as the Administrator complies with subparagraphs (B) and (C) of paragraph (2). (b) Pollutants.-- (1) In general.--Each air quality sensor deployed pursuant to subsection (a) shall measure ozone, PM<INF>2.5</INF>, oxides of nitrogen, or sulfur dioxide. (2) Determination.--The Administrator shall determine which pollutant or air pollutants an air quality sensor deployed pursuant to subsection (a) shall monitor based on the pollution sources affecting the area in which the sensor is to be deployed. (c) Determination and Installation.-- (1) In general.--Not later than 18 months after the date on which an air quality sensor deployed pursuant to subsection (a) has been monitoring air quality data for 1 year, the Administrator shall determine whether data from the air quality sensors deployed in the applicable census tract or county shows air pollution levels over the 1-year period ending on the date of the determination that reached 98 percent of the level of the national ambient air quality standard under section 109 of the Clean Air Act (42 U.S.C. 7409) for any air pollutant. (2) Requirement.--If the Administrator makes a determination under paragraph (1) that an air pollutant described in subsection (b)(1) met the threshold described in that paragraph, the Administrator shall, not later 180 days after the date of the determination, ensure that Federal reference method monitors or Federal equivalent method monitors are installed and in operation within that census tract or county for each pollutant that met the threshold. (3) Exceptions.--The Administrator shall waive the requirement of paragraph (2) if the Administrator finds, within the 180-day period described in such paragraph, and after providing notice and an opportunity for public comment, that based on clear and convincing evidence-- (A) the measurements from the sensor or sensors supporting the determination described in paragraph (2) were so inaccurate as to provide no reasonable basis for finding that levels of the relevant pollutant reached 98 percent of the level of the national ambient air quality standard under section 109 of the Clean Air Act (42 U.S.C. 7409) for the relevant pollutant; or (B) complementary data such as information on the ambient matric, meteorology, measurements from other nearby sensors or ambient monitors, modeling, satellite data, or other relevant and reliable information demonstrate that levels of the relevant pollutant could not have plausibly reached 98 percent of the level of such standard. (d) Report.--Not later than 1 year after the date of enactment of this Act, and not less frequently than every 6 years thereafter, the Administrator shall report on additional areas of decision making where data from low-cost air quality sensors may be relevant and useful. (e) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $6,000,000. SEC. 7. DATA REQUIREMENT. To the extent practicable, the Administrator shall integrate the data collected through the programs established under this Act into the Environmental Justice Screening and Mapping Tool (EJSCREEN) of the Environmental Protection Agency or a relevant similar mapping and screening tool. SEC. 8. STUDY ON HOW TO EXPAND AMBIENT AIR MONITORING AND ACCESS TO AIR QUALITY INFORMATION FOR CERTAIN COMMUNITIES. (a) In General.--The Administrator shall-- (1) conduct a study to formulate recommendations on how to expand ambient air monitoring and access to air quality information for communities affected by-- (A) levels of air pollution above 100 on the Air Quality Index of the Environmental Protection Agency; and (B) high asthma rates; and (2) not later than 1 year after the date of enactment of this Act, complete such study and submit to the Congress a report on the results of such study. (b) Prioritization.--In conducting the study under subsection (a), the Administrator shall prioritize formulating recommendations with respect to communities with the highest asthma rates. <all>

Better Data for Cleaner Air Act of 2022

To protect clean air and public health by expanding fenceline and ambient air monitoring and access to air quality information for communities affected by air pollution, to require hazardous air pollutant monitoring at the fenceline of facilities whose emissions are linked to local health threats, to ensure the Environmental Protection Agency promulgates rules that require hazardous air pollutant data measurement and electronic submission at fencelines and stacks of industrial source categories, to expand and strengthen the national ambient air quality monitoring network, to deploy air sensors in communities affected by air pollution, and for other purposes.

Better Data for Cleaner Air Act of 2022

Rep. Harder, Josh

D

CA

S.3481

Crime and Law Enforcement

Preventing Violence Against Female Inmates Act of 2022 This bill establishes a framework to prohibit correctional institutions at the federal and state levels from using gender identity to house inmates of one biological sex with inmates of the other biological sex.

To secure the dignity and safety of incarcerated women. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Preventing Violence Against Female Inmates Act of 2022''. SEC. 2. HOUSING PRISONERS BASED ON SEX. (a) Federal Prisons.-- (1) In general.--Chapter 303 of title 18, United States Code, is amended by adding at the end the following: ``Sec. 4051. Bar on housing together prisoners of different sexes ``(a) Definitions.--In this section: ``(1) Biological sex.--The term `biological sex' means the biological classification of male and female in the context of reproductive potential or capacity, as indicated by sex chromosomes, naturally occurring sex hormones, gonads, and nonambiguous internal and external genitalia present at birth, without regard to a person's psychological, chosen, or subjectively experienced sense of identity or gender. ``(2) Gender identity.--The term `gender identity' means a person's self-perceived identity, self-concept, or asserted gender, regardless of the person's biological sex. ``(b) Bar.--The Bureau of Prisons-- ``(1) shall use the biological sex of persons charged with or convicted of offenses against the United States in making determinations regarding housing such persons; and ``(2) shall not co-locate in detention facilities persons charged with or convicted of offenses against the United States if those persons are not of the same biological sex, unless the Bureau of Prisons co-locates such persons without regard to their purported gender identity.''. (2) Technical and conforming amendment.--The table of sections for chapter 303 of title 18, United States Code, is amended by adding at the end the following: ``4051. Bar on housing together prisoners of different sexes.''. (b) State Prisons.--Section 501 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10152) is amended by adding at the end the following: ``(h) Bar on Housing Together Prisoners of Different Sexes.-- ``(1) Definitions.--In this subsection, the terms `biological sex' and `gender identity' have the meanings given such terms in section 4051 of title 18, United States Code. ``(2) Limitation on eligibility for funds.--Beginning in the first fiscal year beginning after the date of enactment of this subsection, a State may not receive funds under this subpart for a fiscal year if the State does not submit to the Attorney General a certification that the State-- ``(A) prohibits co-locating in detention facilities persons charged with or convicted of offenses under the law of the State if those persons are not of the same biological sex, unless the State co-locates such persons without regard to their purported gender identity; and ``(B) requires the use of the biological sex of persons charged with or convicted of offenses under the law of the State in making determinations regarding housing such persons.''. <all>

Preventing Violence Against Female Inmates Act of 2022

A bill to secure the dignity and safety of incarcerated women.

Preventing Violence Against Female Inmates Act of 2022

Sen. Cotton, Tom

R

AR

H.R.516

Environmental Protection

Environmental Justice Mapping and Data Collection Act of 2021 This bill establishes an interagency Environmental Justice Mapping Committee that must create a tool to identify environmental justice communities. Environmental justice communities are communities with significant representation of communities of color, low-income communities, or tribal and indigenous communities that experience, or are at risk of experiencing, higher or more adverse human health or environmental effects, as compared to other communities. The Environmental Protection Agency (EPA) must establish an environmental justice data repository to maintain the data collected by the committee. The EPA must make the repository available to regional, state, local, and tribal governments.

To establish the Environmental Justice Mapping Committee, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Environmental Justice Mapping and Data Collection Act of 2021''. SEC. 2. FINDINGS. Congress finds that-- (1) environmental hazards causing adverse health outcomes have disproportionately affected environmental justice communities as a result of systemic injustices relating to factors that include race and income; (2) environmental justice communities have increased vulnerability to the adverse effects of climate change and need significant investment to face current and future environmental hazards; (3) the Federal Government has lacked a cohesive and consistent strategy to carry out the responsibilities of Federal agencies described in Executive Order 12898 (42 U.S.C. 4321 note; relating to Federal actions to address environmental justice in minority populations and low-income populations); (4) it is necessary that the Federal Government meaningfully engage environmental justice communities in the process of developing a robust strategy to address environmental justice, including high levels of review, input, and consent; (5) there is a lack of nationwide high-quality data relating to environmental justice concerns, such as socioeconomic factors, air pollution, water pollution, soil pollution, and public health, and a failure to update the existing data with adequate frequency; (6) there is no nationally consistent method to identify environmental justice communities based on the cumulative effects of socioeconomic factors, pollution burden, and public health; (7) a method described in paragraph (6) is needed to correct for racist and unjust practices leading to historical and current environmental injustices through the targeted investment in environmental justice communities of at least 40 percent of the funds provided for a clean energy transition and other related investments, including transportation infrastructure, housing infrastructure, and water quality infrastructure; (8) funds targeted for environmental justice communities should include set-asides for technical assistance and capacity building for environmental justice communities to access the funds; (9) particular oversight and care are necessary when investing in environmental justice communities to ensure that existing issues are not exacerbated and new issues are not created, particularly issues relating to pollution burden and the displacement of residents; (10) several States, academic institutions, and nonprofit organizations have engaged in cumulative impact environmental justice mapping efforts that can serve as references for a Federal mapping effort; (11) many environmental justice communities, such as communities in ``Cancer Alley'' in the State of Louisiana, have been clearly affected by extreme environmental hazards such that the communities-- (A) are identifiable before the establishment of the tool under subsection (b) of section 5 and the completion of the data gap audit under subsection (d) of that section; and (B) should be eligible for programs targeted toward environmental justice communities that have faced extreme environmental hazards before the establishment of that tool and the completion of that audit; (12) in addition to investment in environmental justice communities, pollution reduction is essential to achieving equitable access to a healthy and clean environment and an equitable energy system; and (13) specific policy and permitting decisions and investments may rely on different combinations of data sets and indicators relating to environmental justice, and race alone may be considered a criterion when assessing the susceptibility of a community to environmental injustice. SEC. 3. DEFINITIONS. In this Act: (1) Administrator.--The term ``Administrator'' means the Administrator of the Environmental Protection Agency. (2) Advisory council.--The term ``advisory council'' means the advisory council established under section 4(d)(2)(A). (3) Committee.--The term ``Committee'' means the Environmental Justice Mapping Committee established by section 4(a). (4) Environmental justice.--The term ``environmental justice'' means the fair treatment and meaningful involvement of all people regardless of race, color, culture, national origin, or income, with respect to the development, implementation, and enforcement of environmental laws, regulations, and policies to ensure that each person enjoys-- (A) the same degree of protection from environmental and health hazards; and (B) equal access to any Federal agency action relating to the development, implementation, and enforcement of environmental laws, regulations, and policies for the purpose of having a healthy environment in which to live, learn, work, and recreate. (5) Environmental justice community.--The term ``environmental justice community'' means a community with significant representation of communities of color, low-income communities, or Tribal and indigenous communities, that experiences, or is at risk of experiencing, higher or more adverse human health or environmental effects, as compared to other communities. (6) Ground-truthing.--The term ``ground-truthing'' means a community fact-finding process by which residents of a community supplement technical information with local knowledge for the purpose of better informing policy and project decisions. (7) Relevant stakeholder.--The term ``relevant stakeholder'' means-- (A) a representative of a regional, State, Tribal, or local government agency; (B) a representative of a nongovernmental organization with experience in areas that may include Tribal relations, environmental conservation, city and regional planning, and public health; (C) a representative of a labor union; (D) a representative or member of-- (i) an environmental justice community; or (ii) a community-based organization for an environmental justice community; (E) an individual with expertise in cumulative impacts, geospatial data, and environmental justice, particularly such an individual from an academic or research institution; and (F) an advocate with experience in environmental justice who represents an environmental justice community. SEC. 4. ESTABLISHMENT OF COMMITTEE. (a) In General.--There is established a committee, to be known as the ``Environmental Justice Mapping Committee''. (b) Membership.-- (1) In general.--The Committee shall be composed of not fewer than 1 representative of each of the following: (A) Of the Environmental Protection Agency-- (i) the Office of Air and Radiation; (ii) the Office of Chemical Safety and Pollution Prevention; (iii) the Office of International and Tribal Affairs; (iv) the Office of Land and Emergency Management; (v) the Office of Water; (vi) the Office of Environmental Justice; (vii) the Office of Research and Development; and (viii) the Office of Public Engagement and Environmental Education. (B) The Council on Environmental Quality. (C) Of the Department of Commerce-- (i) the Office of Oceanic and Atmospheric Research, including not fewer than 1 representative of the Climate Program Office; (ii) the Economics and Statistics Administration, including not fewer than 1 representative of the Bureau of Economic Analysis; and (iii) the National Institute of Standards and Technology. (D) Of the Department of Health and Human Services-- (i) the Centers for Disease Control and Prevention, not including the Agency for Toxic Substances and Disease Registry; (ii) the Agency for Toxic Substances and Disease Registry; (iii) the Administration for Children and Families; (iv) of the National Institutes of Health-- (I) the National Institute of Environmental Health Sciences; (II) the National Institute of Mental Health; and (III) the National Institute on Minority Health and Health Disparities; and (v) the Office for Civil Rights. (E) Of the Department of the Interior-- (i) the Bureau of Indian Affairs; (ii) the Office of Civil Rights; and (iii) the United States Geological Survey. (F) The Forest Service. (G) The Department of Housing and Urban Development. (H) The Department of Energy. (I) The Department of Transportation. (J) The Department of Justice. (K) The Federal Energy Regulatory Commission. (L) The Department of the Treasury. (M) Such other Federal departments, agencies, and offices as the Administrator determines to be appropriate, particularly offices relating to public engagement. (2) Selection of representatives.--The head of a department or agency described in paragraph (1) shall, in appointing to the Committee a representative of the department or agency, select a representative-- (A) of a component of the department or agency that is among the components that are the most relevant to the responsibilities of the Committee; or (B) who has expertise in areas relevant to those responsibilities, such as demographic indicators relating to socioeconomic hardship, environmental justice, public engagement, public health, exposure to pollution, future climate and extreme weather mapping, affordable energy, sustainable transportation, and access to water, food, and green space. (3) Co-chairs.-- (A) In general.--The members of the Committee shall select 3 members to serve as co-chairs of the Committee-- (i) 1 of whom shall be a representative of the Environmental Protection Agency; (ii) 1 of whom shall be a representative of the Council on Environmental Quality; and (iii) 1 of whom shall have substantial experience in public engagement. (B) Terms.--Each co-chair shall serve for a term of not more than 3 years. (C) Responsibilities of co-chairs.--The co-chairs of the Committee shall-- (i) determine the agenda of the Committee, in consultation with other members of the Committee; (ii) direct the work of the Committee, including the oversight of a meaningful public engagement process; and (iii) convene meetings of the Committee not less frequently than once each fiscal quarter. (c) Administrative Support.-- (1) In general.--The Administrator shall provide technical and administrative support to the Committee. (2) Funding.--The Administrator may carry out paragraph (1) using, in addition to any amounts made available under section 7, amounts authorized to be appropriated to the Administrator before the date of enactment of this Act and available for obligation as of that date of enactment. (d) Consultation.-- (1) In general.--In carrying out the duties of the Committee, the Committee shall consult with relevant stakeholders. (2) Advisory council.-- (A) In general.--The Committee shall establish an advisory council composed of a balanced proportion of relevant stakeholders, at least \1/2\ of whom shall represent environmental justice communities. (B) Chair.--The advisory council shall be chaired by an environmental justice advocate or other relevant stakeholder with substantial experience in environmental justice. (C) Requirements.--Consultation described in paragraph (1) shall include-- (i) early and regular engagement with the advisory council, including in carrying out public engagement under paragraph (3); and (ii) consideration of the recommendations of the advisory council. (D) Recommendations not used.--If the Committee does not use a recommendation of the advisory council, not later than 60 days after the date on which the Committee receives notice of the recommendation, the Committee shall-- (i) make available to the public on an internet website of the Environmental Protection Agency a written report describing the rationale of the Committee for not using the recommendation; and (ii) submit the report described in clause (i) to the Committee on Environment and Public Works of the Senate and the Committee on Energy and Commerce of the House of Representatives. (E) Outreach.--The advisory council may carry out public outreach activities using amounts made available under section 7 to supplement public engagement carried out by the Committee under paragraph (3). (3) Public engagement.-- (A) In general.--The Committee shall, throughout the process of carrying out the duties of the Committee described in section 5-- (i) meaningfully engage with relevant stakeholders, particularly-- (I) members and representatives of environmental justice communities; (II) environmental justice advocates; and (III) individuals with expertise in cumulative impacts and geospatial data; and (ii) ensure that the input of the stakeholders described in clause (i) is central to the activities of the Committee. (B) Plan.-- (i) In general.--In carrying out subparagraph (A), the Committee shall develop a plan, in consultation with the advisory council, for comprehensive public engagement with, and incorporation of feedback from, environmental justice advocates and members of environmental justice communities. (ii) Strategies to overcome barriers to public engagement.--The plan developed under clause (i) shall include strategies to overcome barriers to public engagement, including-- (I) language barriers; (II) transportation barriers; (III) economic barriers; and (IV) lack of internet access. (iii) Consideration.--In developing the plan under clause (i), the Committee shall consider the diverse and varied experiences of environmental justice communities relating to the scope and types of environmental hazards and socioeconomic injustices. (C) Consultation and solicitation of public comment.-- (i) In general.--In carrying out subparagraph (A), not less frequently than once each fiscal quarter, the Committee shall consult with the advisory council and solicit meaningful public comment, particularly from relevant stakeholders, on the activities of the Committee. (ii) Requirements.--The Committee shall carry out clause (i) through means including-- (I) public notice of a meeting of the Committee occurring during the applicable fiscal quarter, which shall include-- (aa) notice in publications relevant to environmental justice communities; (bb) notification to environmental justice communities through direct means, such as community centers and schools; and (cc) direct outreach to known environmental justice groups; (II) public broadcast of that meeting, including soliciting and receiving comments by virtual means; and (III) public availability of a transcript of that meeting through publication on an accessible website. (iii) Languages.--The Committee shall provide each notice, notification, direct outreach, broadcast, and transcript described in clause (ii) in each language commonly used in the applicable environmental justice community, including through oral interpretation, if applicable. (D) Funding.--Of amounts made available under section 7, the Administrator shall make available to the Committee such sums as are necessary for participation by relevant stakeholders in public engagement under this paragraph, as determined by the Administrator, in consultation with the advisory council. SEC. 5. DUTIES OF COMMITTEE. (a) In General.--The Committee shall-- (1) establish a tool described in subsection (b) to identify environmental justice communities, including the identification of-- (A) criteria to be used in the tool; and (B) a methodology to determine the cumulative impacts of those criteria; (2) assess and address data gaps in accordance with subsection (d); and (3) collect data for the environmental justice data repository established under section 6. (b) Establishment of Tool.-- (1) In general.--The Committee, in consultation with relevant stakeholders and the advisory council, shall establish an interactive, transparent, integrated, and Federal Government-wide tool for assessing and mapping environmental justice communities based on the cumulative impacts of all indicators selected by the Committee to be integrated into the tool. (2) Requirements.--In establishing the tool under paragraph (1), the Committee shall-- (A) integrate into the tool multiple data layers of indicators that fall into categories including-- (i) demographics, particularly relating to socioeconomic hardship and social stressors, such as-- (I) race and ethnicity; (II) low income; (III) high unemployment; (IV) low levels of home ownership; (V) high rent burden; (VI) high transportation burden; (VII) low levels of educational attainment; (VIII) linguistic isolation; (IX) energy insecurity or high utility rate burden; (X) food insecurity; (XI) health insurance status and access to healthcare; and (XII) membership in an Indian Tribe; (ii) public health, particularly data that are indicative of sensitive populations, such as-- (I) rates of asthma; (II) rates of cardiovascular disease; (III) child leukemia or other cancers that correlate with environmental hazards; (IV) low birth weight; (V) maternal mortality; (VI) rates of lead poisoning; and (VII) rates of diabetes; (iii) pollution burdens, such as pollution burdens created by-- (I) toxic chemicals; (II) air pollutants; (III) water pollutants; (IV) soil contaminants; and (V) perfluoroalkyl and polyfluoroalkyl substances; and (iv) environmental effects, such as effects created by proximity to-- (I) risk management plan sites; (II) hazardous waste facilities; (III) sites on the National Priorities List developed by the President in accordance with section 105(a)(8)(B) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9605(a)(8)(B)); and (IV) fossil fuel infrastructure; (B) investigate how further indicators of vulnerability to the impacts of climate change (including proximity and exposure to sea level rise, wildfire smoke, flooding, drought, rising average temperatures, extreme storms, and extreme heat, and financial burdens from flood and fire insurance) should be incorporated into the tool as an additional set of layers; (C) identify and consider the effects of other indicators relating to environmental justice for integration into the tool as layers, including-- (i) safe, sufficient, and affordable drinking water, sanitation, and stormwater services; (ii) access to and the quality of-- (I) green space and tree canopy cover; (II) healthy food; (III) affordable energy and water; (IV) transportation; (V) reliable communication systems, such as broadband internet; (VI) child care; (VII) high-quality public schools, early childhood education, and child care; and (VIII) heath care facilities; (iii) length of commute; (iv) indoor air quality in multiunit dwellings; (v) mental health; (vi) labor market categories, particularly relating to essential workers; and (vii) each type of utility expense; (D) consider the implementation of specific regional indicators, with the potential-- (i) to create regionally and locally downscaled maps in addition to a national map; (ii) to provide incentives for States to collect data and conduct additional analyses to capture conditions specific to their localities; (iii) to provide resources for and engage in ground-truthing to identify and verify important data with community members; and (iv) to develop companion resources for, and provide technical support to, regional, State, local, or Tribal governments to create their own maps and environmental justice scores with relevant regional, State, local, and Tribal data; (E) identify a methodology to account for the cumulative impacts of all indicators selected by the Committee under subparagraph (A), in addition to other indicators as the Committee determines to be necessary, to provide relative environmental justice scores for regions that are-- (i) as small as practicable to identify communities; and (ii) not larger than a census tract; (F) ensure that the tool is capable of providing maps of environmental justice communities based on environmental justice scores described in subparagraph (E); (G) ensure that users of the tool are able to map available layers together or independently as desired; (H) implement a method for users of the tool to generate a map and environmental justice score based on a subset of indicators, particularly for the purpose of using the tool in addressing various policy needs, permitting processes, and investment goals; (I) make the tool customizable to address specific policy needs, permitting processes, and investment goals; (J) account for conditions that are not captured by the quantitative data used to develop the 1 or more maps and environmental justice scores comprising the tool, by-- (i) developing and executing a plan to perform outreach to relevant communities; and (ii) establishing a mechanism by which communities can self-identify as environmental justice communities to be included in the tool, which may include citing qualitative data on conditions for which quantitative data are lacking, such as cultural loss in Tribal communities; (K) consider that the tool-- (i) will be used across the Federal Government in screening Federal policies, permitting processes, and investments for environmental and climate justice impacts; and (ii) may be used to assess communities for pollution reduction programs; and (L) carry out such other activities as the Committee determines to be appropriate. (c) Transparency and Updates.-- (1) In general.-- (A) Notice and comment.--The Committee shall establish the tool described in subsection (b) after providing notice and an opportunity for public comment. (B) Hearings.--In carrying out subparagraph (A), the Committee shall hold hearings, which shall be time- and language-appropriate, in communities affected by environmental justice issues in geographically disparate States and Tribal areas. (2) Updates.-- (A) Annual updates.--The Committee shall update the tool described in subsection (b) not less frequently than annually to account for data sets that are updated annually. (B) Other updates.--Not less frequently than once every 3 years, the Committee shall-- (i) update the indicators, methodology, or both for the tool described in subsection (b); and (ii) reevaluate data submitted by Federal departments and agencies that is used for the tool. (C) Reports.--After the initial establishment of the tool described in subsection (b) and each update under subparagraph (A) or (B), the Committee shall publish a report describing-- (i) the process for identifying indicators relating to environmental justice in the development of the tool; (ii) the methodology described in subsection (b)(2)(E); and (iii) the use of public input and community engagement in that process. (3) Training tutorials and sessions.-- (A) In general.--The Committee shall-- (i) develop virtual training tutorials and sessions for environmental justice communities for the use of the tool described in subsection (b); and (ii) where practicable, provide in-person training sessions for environmental justice communities for the use of that tool. (B) Languages.--The tutorials and sessions under subparagraph (A) shall be made available in each language commonly used in the applicable environmental justice community. (4) Public availability.-- (A) In general.--The Committee shall make available to the public on an internet website of the Environmental Protection Agency-- (i) the tool described in subsection (b); (ii) each update under subparagraphs (A) and (B) of paragraph (2); (iii) each report under paragraph (2)(C); and (iv) the training tutorials and sessions developed under paragraph (3)(A)(i). (B) Accessibility.--The Committee shall make the tool, updates, and reports described in subparagraph (A) accessible to the public by publication in relevant languages and with accessibility functions, as appropriate. (C) Requirement.--In carrying out subparagraph (A)(i), the Committee shall take measures to prevent the tool from being misused to discriminate against environmental justice communities, such as by providing safeguards against the use of downscaled data that may enable the identification of individuals. (d) Data Gap Audit.-- (1) In general.--In establishing the tool described in subsection (b), the Committee shall direct relevant Federal departments and agencies to conduct an audit of data collected by the department or agency to identify any data that are relevant to environmental justice concerns, including data relating to-- (A) public health metrics; (B) toxic chemicals; (C) socioeconomic demographics; (D) air quality; (E) water quality; and (F) killings of individuals by law enforcement officers. (2) Requirements.--An audit described in paragraph (1) shall-- (A) examine the granularity and accessibility of the data; (B) address the need for improved air quality monitoring; and (C) include recommendations to other Federal departments and agencies on means to improve the quality, granularity, and transparency of, and public involvement in, data collection and dissemination. (3) Improvements.--The Committee shall direct a Federal department or agency, in conducting an audit under paragraph (1), to address gaps in existing data collection that will assist the Committee in establishing and operating the tool described in subsection (b), including by providing to the department or agency-- (A) benchmarks to meet in addressing the gaps; (B) instructions for consistency in data formatting that will allow for inclusion of data in the environmental justice data repository described in section 6; and (C) best practices for collecting data in collaboration with local organizations and partners, such as engaging in ground-truthing. (4) Reports.--Not later than 180 days after a Federal department or agency has conducted an audit under paragraph (1), the Committee shall-- (A) make available to the public on an internet website of the Environmental Protection Agency a report describing the findings and conclusions of the audit, including the progress made by the Federal department or agency in addressing environmental justice data gaps; and (B) submit the report described in subparagraph (A) to-- (i) the Committee on Environment and Public Works of the Senate; (ii) the Committee on Health, Education, Labor, and Pensions of the Senate; (iii) the Committee on Energy and Commerce of the House of Representatives; and (iv) the Committee on Education and Labor of the House of Representatives. SEC. 6. ENVIRONMENTAL JUSTICE DATA REPOSITORY. (a) In General.--The Administrator shall establish an environmental justice data repository to maintain-- (1) the data collected by the Committee through the establishment of the tool described in section 5(b) and the audits conducted under section 5(d)(1); and (2) any subnational data collected under subsection (c)(2). (b) Updates.--The Administrator shall update the data in the data repository described in subsection (a) as frequently as practicable, including every year if practicable, but not less frequently than once every 3 years. (c) Availability; Inclusion of Subnational Data.--The Administrator-- (1) shall make the data repository described in subsection (a) available to regional, State, local, and Tribal governments; and (2) may collaborate with the governments described in paragraph (1) to include within that data repository subnational data in existence before the establishment of the tool described in section 5(b) and the completion of the audits under section 5(d)(1). (d) Requirement.--The Administrator shall take measures to prevent the data in the data repository described in subsection (a) from being misused to discriminate against environmental justice communities, such as by providing safeguards against the use of downscaled data that may enable the identification of individuals. SEC. 7. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to the Administrator to carry out this Act, including any necessary administrative costs of the Committee-- (1) $20,000,000 for each of fiscal years 2021 and 2022; and (2) $18,000,000 for each of fiscal years 2023 through 2025. SEC. 8. EFFECT. Nothing in any provision of this Act relating to the tool described in section 5(b) prohibits a State from developing a map relating to environmental justice or pollution burden that relies on different data, or analyzes data differently, than that tool. <all>

Environmental Justice Mapping and Data Collection Act of 2021

To establish the Environmental Justice Mapping Committee, and for other purposes.

Environmental Justice Mapping and Data Collection Act of 2021

Rep. Bush, Cori

D

MO

H.R.2587

Armed Forces and National Security

Supporting Education Recognition for Veterans during Emergencies Act or the SERVE Act This bill addresses opportunities for certain veterans with medical experience. The bill requires the Department of Veterans Affairs (VA) to update its web portals to allow the identification of veterans who had a medical occupation as a member of the Armed Forces. Specifically, the bill authorizes veterans to elect to provide their contact information and a history of their medical experience and trained competencies. The VA, the Department of Defense (DOD), and the Department of Labor must establish a program to share the veteran's provided information with specified entities (e.g., state credentialing bodies) for purposes of facilitating civilian medical credentialing and hiring of veterans seeking to respond to a national emergency, including a public health emergency. The VA must implement a program to train and certify veterans who served as basic health care technicians during their service to work as VA intermediate care technicians, specifically at VA medical center locations with staffing shortages. Additionally, the VA must prepare a communications campaign under the Transition Assistance Program to convey opportunities related to the intermediate care technician program to members of the Armed Forces who are separating from active duty. Finally, the bill requires the VA and DOD to notify veterans service organizations and members of the reserve components of the Armed Forces about the opportunities for veterans provided under this bill.

To improve the ability of veterans with medical training to assist the United States in response to national emergencies, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Supporting Education Recognition for Veterans during Emergencies Act'' or the ``SERVE Act''. SEC. 2. UPDATE OF WEB PORTAL TO IDENTIFY VETERANS WHO HAD MEDICAL OCCUPATIONS AS MEMBERS OF THE ARMED FORCES. (a) In General.--The Secretary shall update existing web portals of the Department to allow the identification of veterans who had a medical occupation as a member of the Armed Forces. (b) Information in Portal.-- (1) In general.--An update to a portal under subsection (a) shall allow a veteran to elect to provide the following information: (A) Contact information for the veteran. (B) A history of the medical experience and trained competencies of the veteran. (2) Inclusions in history.--To the extent practicable, histories provided under paragraph (1)(B) shall include individual critical task lists specific to military occupational specialties that align with existing standard occupational codes maintained by the Bureau of Labor Statistics. SEC. 3. PROGRAM ON PROVISION TO STATES OF INFORMATION ON VETERANS WITH MEDICAL SKILLS OBTAINED DURING SERVICE IN THE ARMED FORCES. For purposes of facilitating civilian medical credentialing and hiring opportunities for veterans seeking to respond to a national emergency, including a public health emergency declared by the Secretary of Health and Human Services under section 319 of the Public Health Service Act (42 U.S.C. 247d), the Secretary, in coordination with the Secretary of Defense and the Secretary of Labor, shall establish a program to share information specified in section 3(b) with the following: (1) State departments of veterans affairs. (2) Veterans service organizations. (3) State credentialing bodies. (4) State homes. (5) Other stakeholders involved in State-level credentialing, as determined appropriate by the Secretary. SEC. 4. PROGRAM ON TRAINING OF INTERMEDIATE CARE TECHNICIANS OF DEPARTMENT OF VETERANS AFFAIRS. (a) Establishment.--The Secretary shall implement a program to train and certify covered veterans to work as intermediate care technicians of the Department. (b) Locations.--The Secretary may place an intermediate care technician trained and certified under the program under subsection (a) at any medical center of the Department, giving priority to a location with a significant staffing shortage. (c) Inclusion of Information in Transition Assistance Program.--As part of the Transition Assistance Program under sections 1142 and 1144 of title 10, United States Code, the Secretary shall prepare a communications campaign to convey opportunities for training, certification, and employment under the program under subsection (a) to appropriate members of the Armed Forces separating from active duty. (d) Report on Expansion of Program.--Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit to Congress a report on whether the program under this section could be replicated for other medical positions within the Department. (e) Covered Veteran Defined.--In this section, the term ``covered veteran'' means a veteran whom the Secretary determines served as a basic health care technician while serving in the Armed Forces. SEC. 5. NOTIFICATION OF OPPORTUNITIES FOR VETERANS. The Secretary shall notify veterans service organizations and, in coordination with the Secretary of Defense, members of the reserve components of the Armed Forces of opportunities for veterans under this Act. SEC. 6. DEFINITIONS. In this Act: (1) Department; secretary; veteran.--The terms ``Department'', ``Secretary'', ``State home'', and ``veteran'' have the meanings given those terms in section 101 of title 38, United States Code. (2) Veterans service organization.--The term ``veterans service organization'' means an organization that provides services to veterans, including organizations recognized by the Secretary of Veterans Affairs under section 5902 of title 38, United States Code. <all>

SERVE Act

To improve the ability of veterans with medical training to assist the United States in response to national emergencies, and for other purposes.

SERVE Act Supporting Education Recognition for Veterans during Emergencies Act

Rep. Lamb, Conor

D

PA

H.R.295

Taxation

Pandemic Healthcare Access Act This bill preserves the eligibility of health savings account (HSA) participants covered by any health plan during the coronavirus emergency period. The coronavirus emergency period is the period beginning on March 13, 2020, and ending on the later of (1) the last day on which a presidential declaration of emergency under the Robert T. Stafford Disaster Relief and Emergency Assistance Act with respect to the coronavirus (i.e., the virus that causes COVID-19) is in effect, or (2) the last day on which a presidential declaration of national emergency under the National Emergencies Act with respect to the coronavirus is in effect.

To waive high deductible health plan requirements for health savings accounts. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Pandemic Healthcare Access Act''. SEC. 2. ACCESS TO HEALTH SAVINGS ACCOUNTS. (a) In General.--For purposes of section 223 of the Internal Revenue Code of 1986, notwithstanding subsection (c)(1) thereof, during the coronavirus emergency period, any individual who is covered by any health plan, including a health plan which is not a high deductible health plan, shall be treated as an eligible individual. (b) Contribution Deadline.--An individual who is treated as an eligible individual for purposes of section 223 of the Internal Revenue Code of 1986 solely by reason of subsection (a) may make contributions to the health savings account (as defined in section 223(d) of such Code) of such individual up to the due date for the return of Federal income tax for the taxable year which includes the last day of the coronavirus emergency period. (c) Coronavirus Emergency Period.--For purposes of this section, the coronavirus emergency period is the period beginning on March 13, 2020, and ending on the later of-- (1) the last day on which the declaration of emergency involving Federal primary responsibility determined to exist by the President under section 501(b) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5191(b)) with respect to the Coronavirus Disease 2019 (COVID- 19) is in effect; or (2) the last day on which the declaration of national emergency declared by the President under the National Emergencies Act (50 U.S.C. 1601 et seq.) with respect to the Coronavirus Disease 2019 (COVID-19) is in effect. <all>

Pandemic Healthcare Access Act

To waive high deductible health plan requirements for health savings accounts.

Pandemic Healthcare Access Act

Rep. Budd, Ted

R

NC

S.248

Labor and Employment

Family and Medical Insurance Leave Act or the FAMILY Act This bill entitles every employee to a family and medical leave insurance (FMLI) monthly benefit payment of two-thirds of the employee's regular pay, limited to a maximum of $4,000, for not more than 60 days of qualified caregiving. The bill establishes the Office of Paid Family and Medical Leave within the Social Security Administration to administer the FMLI program. An FMLI benefit payment must be coordinated with any periodic benefits received under a state or local temporary disability insurance or family leave program. The bill imposes a tax on employers, employees, and self-employed individuals to fund FMLI benefits. It also establishes the Federal Family and Medical Leave Insurance Trust Fund to hold tax revenues.

To provide paid family and medical leave benefits to certain individuals, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Family and Medical Insurance Leave Act'' or the ``FAMILY Act''. SEC. 2. DEFINITIONS. In this Act, the following definitions apply: (1) Caregiving day.--The term ``caregiving day'' means, with respect to an individual, a calendar day in which the individual engaged in qualified caregiving. (2) Commissioner.--The term ``Commissioner'' means the Commissioner of Social Security. (3) Deputy commissioner.--The term ``Deputy Commissioner'' means the Deputy Commissioner who heads the Office of Paid Family and Medical Leave established under section 3(a). (4) Eligible individual.--The term ``eligible individual'' means an individual who is entitled to a benefit under section 4 for a particular month, upon filing an application for such benefit for such month. (5) Initial waiting period.--The term ``initial waiting period'' means a period beginning with the first caregiving day of an individual occurring during the individual's benefit period and ending after the earlier of-- (A) the fifth caregiving day of the individual occurring during the benefit period; or (B) the month preceding the first month in the benefit period during which occur not less than 15 caregiving days of the individual. (6) Qualified caregiving.--The term ``qualified caregiving'' means any activity engaged in by an individual, other than regular employment, for a reason for which an eligible employee would be entitled to leave under subparagraphs (A) through (E) of paragraph (1) of section 102(a) of the Family and Medical Leave Act of 1993 (29 U.S.C. 2612(a)). (7) Self-employment income.--The term ``self-employment income'' has the same meaning as such term in section 211(b) of such Act (42 U.S.C. 411(b)). (8) State.--The term ``State'' means any State of the United States or the District of Columbia or any territory or possession of the United States. (9) Wages.--The term ``wages'', except as such term is used in subsection (h)(2) of section 4, has the same meaning as such term in section 209 of the Social Security Act (42 U.S.C. 409). (10) 60-day limitation period.--The term ``60-day limitation period'' means a period-- (A) beginning with the first caregiving day of an individual occurring during the individual's benefit period and after the expiration of the individual's 5- day waiting period, if applicable; and (B) ending with the 60th caregiving day of the individual occurring during the benefit period and after the expiration of the 5-day waiting period, disregarding any caregiving day of the individual occurring during any month in the benefit period after the first 20 caregiving days of the individual occurring during such month. SEC. 3. OFFICE OF PAID FAMILY AND MEDICAL LEAVE. (a) Establishment of Office.--There is established within the Social Security Administration an office to be known as the Office of Paid Family and Medical Leave. The Office shall be headed by a Deputy Commissioner who shall be appointed by the Commissioner. (b) Responsibilities of Deputy Commissioner.--The Commissioner, acting through the Deputy Commissioner, shall be responsible for-- (1) hiring personnel and making employment decisions with regard to such personnel; (2) issuing such regulations as may be necessary to carry out the purposes of this Act; (3) entering into cooperative agreements with other agencies and departments to ensure the efficiency of the administration of the program; (4) determining eligibility for family and medical leave insurance benefits under section 4; (5) determining benefit amounts for each month of such eligibility and making timely payments of such benefits to entitled individuals in accordance with such section; (6) establishing and maintaining a system of records relating to the administration of such section; (7) preventing fraud and abuse relating to such benefits; (8) providing information on request regarding eligibility requirements, the claims process, benefit amounts, maximum benefits payable, notice requirements, nondiscrimination rights, confidentiality, coordination of leave under this Act and other laws, collective bargaining agreements, and employer policies; (9) annually providing employers a notice informing employees of the availability of such benefits; (10) annually making available to the public a report that includes the number of individuals who received such benefits, the purposes for which such benefits were received, and an analysis of utilization rates of such benefits by gender, race, ethnicity, and income levels; and (11) tailoring culturally and linguistically competent education and outreach toward increasing utilization rates of benefits under such section. (c) Availability of Data.--The Commissioner shall make available to the Deputy Commissioner such data as the Commissioner determines necessary to enable the Deputy Commissioner to effectively carry out the responsibilities described in subsection (b). SEC. 4. FAMILY AND MEDICAL LEAVE INSURANCE BENEFIT PAYMENTS. (a) In General.--Every individual who-- (1) is insured for disability insurance benefits (as determined under section 223(c) of the Social Security Act (42 U.S.C. 423(c))) at the time such individual's application is filed; (2) has earned income from employment during the 12 months prior to the month in which the application is filed; (3) has filed an application for a family and medical leave insurance benefit in accordance with subsection (d); and (4) was engaged in qualified caregiving, or anticipates being so engaged, during the period that begins 90 days before the date on which such application is filed or within 30 days after such date, shall be entitled to such a benefit for each month in the benefit period specified in subsection (c), not to exceed 60 caregiving days per benefit period. (b) Benefit Amount.-- (1) In general.--Except as otherwise provided in this subsection, the benefit amount to which an individual is entitled under this section for a month shall be an amount equal to the greater of-- (A) the lesser of \1/18\ of the wages and self- employment income of the individual for the calendar year in which such wages and self-employment income are the highest among the most recent three calendar years, or the maximum benefit amount determined under paragraph (2); or (B) the minimum benefit amount determined under paragraph (2), multiplied by the quotient (not greater than 1) obtained by dividing the number of caregiving days of the individual in such month by 20. (2) Annual increase of maximum and minimum benefit amounts.-- (A) For individuals who initially become eligible for family and medical leave insurance benefits in the first full calendar year after the date of enactment of this Act, the maximum monthly benefit amount and the minimum monthly benefit amount shall be $4,000 and $580, respectively. (B) For individuals who initially become eligible for family and medical leave insurance benefits in any calendar year after such first full calendar year the maximum benefit amount and the minimum benefit amount shall be, respectively, the product of the corresponding amount determined with respect to the first calendar year under subparagraph (A) and the quotient obtained by dividing-- (i) the national average wage index (as defined in section 209(k)(1) of the Social Security Act (42 U.S.C. 409(k)(1))) for the second calendar year preceding the calendar year for which the determination is made, by (ii) the national average wage index (as so defined) for 2020. (3) Limitations on benefits paid.-- (A) Nonpayable waiting period.--Any calendar day during an individual's benefit period which occurs before the expiration of an initial waiting period shall not be taken into account under this subsection as a caregiving day of the individual. (B) Limitation on total benefits paid.--Any calendar day during an individual's benefit period which occurs after the expiration of a 60-day limitation period shall not be taken into account under this subsection as a caregiving day of the individual. (4) Reduction in benefit amount on account of receipt of certain benefits.--A benefit under this section for a month shall be reduced by the amount, if any, in certain benefits (as determined under regulations issued by the Commissioner) as may be otherwise received by an individual. For purposes of the preceding sentence, certain benefits include-- (A) periodic benefits on account of such individual's total or partial disability under a workmen's compensation law or plan of the United States or a State; and (B) periodic benefits on account of an individual's employment status under an unemployment law or plan of the United States or a State. (5) Coordination of benefit amount with certain state benefits.--A benefit received under this section shall be coordinated, in a manner determined by regulations issued by the Commissioner, with the periodic benefits received from temporary disability insurance or family leave insurance programs under any law or plan of a State, a political subdivision (as that term is used in section 218(b)(2) of the Social Security Act (42 U.S.C. 418(b)(2))), or an instrumentality of two or more States (as that term is used in section 218(g) of such Act of the Social Security Act (42 U.S.C. 418(g))). (c) Benefit Period.-- (1) In general.--Except as provided in paragraph (2), the benefit period specified in this subsection shall begin on the 1st day of the 1st month in which the individual meets the criteria specified in paragraphs (1), (2), and (3) of subsection (a), and shall end on the date that is 365 days after the 1st day of the benefit period. (2) Retroactive benefits.--In the case of an application for benefits under this section for qualified caregiving in which the individual was engaged at any time during the 90-day period preceding the date on which such application is submitted, the benefit period specified in this subsection shall begin on the later of-- (A) the 1st day of the 1st month in which the individual engaged in such qualified caregiving; or (B) the 1st day of the 1st month that begins during such 90-day period, and shall end on the date that is 365 days after the 1st day of the benefit period. (d) Application.--An application for a family and medical leave insurance benefit shall include-- (1) a statement that the individual was engaged in qualified caregiving, or anticipates being so engaged, during the period that begins 90 days before the date on which the application is submitted or within 30 days after such date; (2) if the qualified caregiving described in the statement in paragraph (1) is engaged in by the individual because of a serious health condition of the individual or a relative of the individual, a certification, issued by the health care provider treating such serious health condition, that affirms the information specified in paragraph (1) and contains such information as the Commissioner shall specify in regulations, which shall be no more than the information that is required to be stated under section 103(b) of the Family and Medical Leave Act of 1993 (29 U.S.C. 2613(b)); (3) if such qualified caregiving is engaged in by the individual for any other authorized reason, a certification, issued by a relevant authority determined under regulations issued by the Commissioner, that affirms the circumstances giving rise to such reason; and (4) an attestation from the applicant that his or her employer has been provided with written notice of the individual's intention to take family or medical leave, if the individual has an employer, or to the Commissioner in all other cases. (e) Ineligibility; Disqualification.-- (1) Ineligibility for benefit.--An individual shall be ineligible for a benefit under this section for any month for which the individual is entitled to-- (A) disability insurance benefits under section 223 of the Social Security Act (42 U.S.C. 423) or a similar permanent disability program under any law or plan of a State or political subdivision or instrumentality of a State (as such terms are used in section 218 of the Social Security Act (42 U.S.C. 418)); (B) monthly insurance benefits under section 202 of such Act (42 U.S.C. 402) based on such individual's disability (as defined in section 223(d) of such Act (42 U.S.C. 423(d))); or (C) benefits under title XVI of such Act (42 U.S.C. 1381 et seq.) based on such individual's status as a disabled individual (as determined under section 1614 of such Act (42 U.S.C. 1382c)). (2) Disqualification.--An individual who has been convicted of a violation under section 208 of the Social Security Act (42 U.S.C. 408) or who has been found to have used false statements to secure benefits under this section, shall be ineligible for benefits under this section for a 1-year period following the date of such conviction. (f) Review of Eligibility and Benefit Payment Determinations.-- (1) Eligibility determinations.-- (A) In general.--The Commissioner shall provide notice to an individual applying for benefits under this section of the initial determination of eligibility for such benefits, and the estimated benefit amount for a month in which one caregiving day of the individual occurs, as soon as practicable after the application is received. (B) Review.--An individual may request review of an initial adverse determination with respect to such application at any time before the end of the 20-day period that begins on the date notice of such determination is received, except that such 20-day period may be extended for good cause. As soon as practicable after the individual requests review of the determination, the Commissioner shall provide notice to the individual of a final determination of eligibility for benefits under this section. (2) Benefit payment determinations.-- (A) In general.--The Commissioner shall make any monthly benefit payment to an individual claiming benefits for a month under this section, or provide notice of the reason such payment will not be made if the Commissioner determines that the individual is not entitled to payment for such month, not later than 20 days after the individual's monthly benefit claim report for such month is received. Such monthly report shall be filed with the Commissioner not later than 15 days after the end of each month. (B) Review.--If the Commissioner determines that payment will not be made to an individual for a month, or if the Commissioner determines that payment shall be made based on a number of caregiving days in the month inconsistent with the number of caregiving days in the monthly benefit claim report of the individual for such month, the individual may request review of such determination at any time before the end of the 20-day period that begins on the date notice of such determination is received, except that such 20-day period may be extended for good cause. Not later than 20 days after the individual requests review of the determination, the Commissioner shall provide notice to the individual of a final determination of payment for such month, and shall make payment to the individual of any additional amount not included in the initial payment to the individual for such month to which the Commissioner determines the individual is entitled. (3) Burden of proof.--An application for benefits under this section and a monthly benefit claim report of an individual shall each be presumed to be true and accurate, unless the Commissioner demonstrates by a preponderance of the evidence that information contained in the application is false. (4) Definition of monthly benefit claim report.--For purposes of this subsection, the term ``monthly benefit claim report'' means, with respect to an individual for a month, the individual's report to the Commissioner of the number of caregiving days of the individual in such month, which shall be filed no later than 15 days after the end of each month. (5) Review.--All final determinations of the Commissioner under this subsection shall be reviewable according to the procedures set out in section 205 of the Social Security Act (42 U.S.C. 405). (g) Relationship With State Law; Employer Benefits.-- (1) In general.--This section does not preempt or supercede any provision of State or local law that authorizes a State or local municipality to provide paid family and medical leave benefits similar to the benefits provided under this section. (2) Greater benefits allowed.--Nothing in this Act shall be construed to diminish the obligation of an employer to comply with any contract, collective bargaining agreement, or any employment benefit program or plan that provides greater paid leave or other leave rights to employees than the rights established under this Act. (h) Prohibited Acts; Enforcement.-- (1) In general.--It shall be unlawful for any person to discharge or in any other manner discriminate against an individual because the individual has applied for, indicated an intent to apply for, or received family and medical leave insurance benefits. (2) Civil action by an individual.-- (A) Liability.--Any person who violates paragraph (1) shall be liable to any individual employed by such person who is affected by the violation-- (i) for damages equal to the sum of-- (I) the amount of-- (aa) any wages, salary, employment benefits, or other compensation denied or lost to such individual by reason of the violation; or (bb) in a case in which wages, salary, employment benefits, or other compensation have not been denied or lost to the individual, any actual monetary losses sustained by the individual as a direct result of the violation, such as the cost of providing care, up to a sum equal to 60 calendar days of wages or salary for the individual; (II) the interest on the amount described in subclause (I) calculated at the prevailing rate; and (III) an additional amount as liquidated damages equal to the sum of the amount described in subclause (I) and the interest described in subclause (II), except that if a person who has violated paragraph (1) proves to the satisfaction of the court that the act or omission which violated paragraph (1) was in good faith and that the person had reasonable grounds for believing that the act or omission was not a violation of paragraph (1), such court may, in the discretion of the court, reduce the amount of the liability to the amount and interest determined under subclauses (I) and (II), respectively; and (ii) for such equitable relief as may be appropriate, including employment, reinstatement, and promotion. (B) Right of action.--An action to recover the damages or equitable relief prescribed in subparagraph (A) may be maintained against any person in any Federal or State court of competent jurisdiction by any individual for and on behalf of-- (i) the individual; or (ii) the individual and other individuals similarly situated. (C) Fees and costs.--The court in such an action shall, in addition to any judgment awarded to the plaintiff, allow a reasonable attorney's fee, reasonable expert witness fees, and other costs of the action to be paid by the defendant. (D) Limitations.--The right provided by subparagraph (B) to bring an action by or on behalf of any individual shall terminate-- (i) on the filing of a complaint by the Commissioner in an action under paragraph (5) in which restraint is sought of any further delay in the payment of the amount described in subparagraph (A)(I) to such individual by the person responsible under subparagraph (A) for the payment; or (ii) on the filing of a complaint by the Commissioner in an action under paragraph (3) in which a recovery is sought of the damages described in subparagraph (A)(I) owing to an individual by a person liable under subparagraph (A), unless the action described in clause (i) or (ii) is dismissed without prejudice on motion of the Commissioner. (3) Action by the commissioner.-- (A) Civil action.--The Commissioner may bring an action in any court of competent jurisdiction to recover the damages described in paragraph (2)(A)(I). (B) Sums recovered.--Any sums recovered by the Commissioner pursuant to subparagraph (A) shall be held in a special deposit account and shall be paid, on order of the Commissioner, directly to each individual affected. Any such sums not paid to an individual because of inability to do so within a period of 3 years shall be deposited into the Federal Family and Medical Leave Insurance Trust Fund. (4) Limitation.-- (A) In general.--An action may be brought under this subsection not later than 3 years after the date of the last event constituting the alleged violation for which the action is brought. (B) Commencement.--An action brought by the Commissioner under this subsection shall be considered to be commenced on the date when the complaint is filed. (5) Action for injunction by commissioner.--The district courts of the United States shall have jurisdiction, for cause shown, in an action brought by the Commissioner-- (A) to restrain violations of paragraph (1), including the restraint of any withholding of payment of wages, salary, employment benefits, or other compensation, plus interest, found by the court to be due to an individual; or (B) to award such other equitable relief as may be appropriate, including employment, reinstatement, and promotion. (i) Special Rule for Railroad Employees.--For purposes of subsection (a)(1), an individual shall be deemed to be insured for disability insurance benefits if the individual would be so insured if the individual's service as an employee (as defined in the section 1(b) of the Railroad Retirement Act of 1974) after December 31, 1936, were included within the meaning of the term ``employment'' for purposes of title II of the Social Security Act (42 U.S.C. 401 et seq.). (j) Determination of Whether an Activity Constitutes Qualified Caregiving.-- (1) In general.--For purposes of determining whether an activity engaged in by an individual constitutes qualified caregiving under this section-- (A) the term ``spouse'' (as used in section 102(a) of the Family and Medical Leave Act (29 U.S.C. 2612(a))) includes the individual's domestic partner; and (B) the term ``son or daughter'' (as used in such section) includes a son or daughter (as defined in section 101 of such Act) of the individual's domestic partner. (2) Domestic partner.-- (A) In general.--For purposes of paragraph (1), the term ``domestic partner'', with respect to an individual, means another individual with whom the individual is in a committed relationship. (B) Committed relationship defined.--The term ``committed relationship'' means a relationship between two individuals (each at least 18 years of age) in which each individual is the other individual's sole domestic partner and both individuals share responsibility for a significant measure of each other's common welfare. The term includes any such relationship between two individuals, including individuals of the same sex, that is granted legal recognition by a State or political subdivision of a State as a marriage or analogous relationship, including a civil union or domestic partnership. (k) Applicability of Certain Social Security Act Provisions.--The provisions of sections 204, 205, 206, and 208 of the Social Security Act shall apply to benefit payments authorized by and paid out pursuant to this section in the same way that such provisions apply to benefit payments authorized by and paid out pursuant to title II of such Act. (l) Effective Date for Applications.--Applications described in this section may be filed beginning 18 months after the date of enactment of this Act. SEC. 5. ESTABLISHMENT OF FAMILY AND MEDICAL LEAVE INSURANCE TRUST FUND. (a) In General.--There is hereby created on the books of the Treasury of the United States a trust fund to be known as the ``Federal Family and Medical Leave Insurance Trust Fund''. The Federal Family and Medical Leave Insurance Trust Fund shall consist of such gifts and bequests as may be made as provided in section 201(i)(1) of the Social Security Act (42 U.S.C. 401(i)(1)) and such amounts as may be appropriated to, or deposited in, the Federal Family and Medical Leave Insurance Trust Fund as provided in this section. (b) Authorization of Appropriations.-- (1) In general.--There is authorized to be appropriated to the Federal Family and Medical Leave Insurance Trust Fund out of moneys in the Treasury not otherwise appropriated-- (A) for the first three fiscal years beginning after the date of enactment of this Act, such sums as may be necessary for the Commissioner to administer the office established under section 3 and pay the benefits under section 4; (B) 100 percent of the taxes imposed by sections 3101(c) and 3111(c) of the Internal Revenue Code of 1986 with respect to wages (as defined in section 3121 of such Code) reported to the Secretary of the Treasury pursuant to subtitle F of such Code, as determined by the Secretary of the Treasury by applying the applicable rate of tax under such sections to such wages; (C) 100 percent of the taxes imposed by section 1401(c) of such Code with respect to self-employment income (as defined in section 1402 of such Code) reported to the Secretary of the Treasury on tax returns under subtitle F of such Code, as determined by the Secretary of the Treasury by applying the applicable rate of tax under such section to such self- employment income; and (D) 100 percent of the taxes imposed by sections 3201(c), 3211(c), and 3221(c) of such Code with respect to compensation (as defined in section 3231 of such Code) reported to the Secretary of the Treasury on tax returns under subtitle F of such Code, as determined by the Secretary of the Treasury by applying the applicable rate of tax under such sections to such compensation. (2) Repayment of initial appropriation.--Amounts appropriated pursuant to subparagraph (A) of paragraph (1) shall be repaid to the Treasury of the United States not later than 10 years after the first appropriation is made pursuant to such subparagraph. (3) Transfer to trust fund.--The amounts described in paragraph (2) shall be transferred from time to time from the general fund in the Treasury to the Federal Family and Medical Leave Insurance Trust Fund, such amounts to be determined on the basis of estimates by the Secretary of the Treasury of the taxes, specified in such paragraph, paid to or deposited into the Treasury. Proper adjustments shall be made in amounts subsequently transferred to the extent prior estimates were inconsistent with the taxes specified in such paragraph. (c) Management of Trust Fund.--The provisions of subsections (c), (d), (e), (f), (i), and (m) of section 201 of the Social Security Act (42 U.S.C. 401) shall apply with respect to the Federal Family and Medical Leave Insurance Trust Fund in the same manner as such provisions apply to the Federal Old-Age and Survivors Insurance Trust Fund and the Disability Insurance Trust Fund. (d) Benefits Paid From Trust Fund.--Benefit payments required to be made under section 4 shall be made only from the Federal Family and Medical Leave Insurance Trust Fund. (e) Administration.--There are authorized to be made available for expenditure, out of the Federal Family and Medical Leave Insurance Trust Fund, such sums as may be necessary to pay the costs of the administration of section 4, including start-up costs, technical assistance, outreach, education, evaluation, and reporting. (f) Prohibition.--No funds from the Social Security Trust Fund or appropriated to the Social Security Administration to administer Social Security programs may be used for Federal Family and Medical Leave Insurance benefits or administration set forth under this Act. SEC. 6. INTERNAL REVENUE CODE PROVISIONS. (a) In General.-- (1) Employee contribution.--Section 3101 of the Internal Revenue Code of 1986 is amended-- (A) by redesignating subsection (c) as subsection (d); and (B) by inserting after subsection (b) the following: ``(c) Family and Medical Leave Insurance.-- ``(1) In general.--In addition to other taxes, there is hereby imposed on the income of every individual a tax equal to the applicable percentage of the wages (as defined in section 3121(a)) received by the individual with respect to employment (as defined in section 3121(b)). ``(2) Applicable percentage.--For purposes of paragraph (1), the term `applicable percentage' means 0.2 percent in the case of wages received in any calendar year.''. (2) Employer contribution.--Section 3111 of such Code is amended-- (A) by redesignating subsection (c) as subsection (d); and (B) by inserting after subsection (b) the following: ``(c) Family and Medical Leave Insurance.-- ``(1) In general.--In addition to other taxes, there is hereby imposed on every employer an excise tax, with respect to having individuals in his employ, equal to the applicable percentage of the wages (as defined in section 3121(a)) paid by the employer with respect to employment (as defined in section 3121(b)). ``(2) Applicable percentage.--For purposes of paragraph (1), the term `applicable percentage' means 0.2 percent in the case of wages paid in any calendar year.''. (3) Self-employment income contribution.-- (A) In general.--Section 1401 of such Code is amended-- (i) by redesignating subsection (c) as subsection (d); and (ii) by inserting after subsection (b) the following: ``(c) Family and Medical Leave Insurance.-- ``(1) In general.--In addition to other taxes, there is hereby imposed for each taxable year, on the self-employment income of every individual, a tax equal to the applicable percentage of the amount of the self-employment income for such taxable year. ``(2) Applicable percentage.--For purposes of paragraph (1), the term `applicable percentage' means 0.4 percent in the case of self-employment income in any taxable year.''. (B) Exclusion of certain net earnings from self- employment.--Section 1402(b)(1) of such Code is amended by striking ``tax imposed by section 1401(a)'' and inserting ``taxes imposed by subsections (a) and (c) of section 1401''. (b) Railroad Retirement Tax Act.-- (1) Employee contribution.--Section 3201 of such Code is amended-- (A) by redesignating subsection (c) as subsection (d); and (B) by inserting after subsection (b) the following: ``(c) Family and Medical Leave Insurance.-- ``(1) In general.--In addition to other taxes, there is hereby imposed on the income of each employee a tax equal to the applicable percentage of the compensation received during any calendar year by such employee for services rendered by such employee. ``(2) Applicable percentage.--For purposes of paragraph (1), the term `applicable percentage' means 0.2 percent in the case of compensation received in any calendar year.''. (2) Employee representative contribution.--Section 3211 of such Code is amended-- (A) by redesignating subsection (c) as subsection (d); and (B) by inserting after subsection (b) the following: ``(c) Family and Medical Leave Insurance.-- ``(1) In general.--In addition to other taxes, there is hereby imposed on the income of each employee representative a tax equal to the applicable percentage of the compensation received during any calendar year by such employee representative for services rendered by such employee representative. ``(2) Applicable percentage.--For purposes of paragraph (1), the term `applicable percentage' means 0.2 percent in the case of compensation received in any calendar year.''. (3) Employer contribution.--Section 3221 of such Code is amended-- (A) by redesignating subsection (c) as subsection (d); and (B) by inserting after subsection (b) the following: ``(c) Family and Medical Leave Insurance.-- ``(1) In general.--In addition to other taxes, there is hereby imposed on every employer an excise tax, with respect to having individuals in his employ, equal to the applicable percentage of the compensation paid during any calendar year by such employer for services rendered to such employer. ``(2) Applicable percentage.--For purposes of paragraph (1), the term `applicable percentage' means 0.2 percent in the case of compensation paid in any calendar year.''. (c) Conforming Amendments.-- (1) Section 6413(c) of the Internal Revenue Code of 1986 is amended-- (A) in paragraph (1)-- (i) by inserting ``, section 3101(c),'' after ``by section 3101(a)''; and (ii) by striking ``both'' and inserting ``each''; and (B) in paragraph (2), by inserting ``or 3101(c)'' after ``3101(a)'' each place it appears. (2) Section 15(a) of the Railroad Retirement Act of 1974 (45 U.S.C. 231n(a)) is amended by inserting ``(other than sections 3201(c), 3211(c), and 3221(c))'' before the period at the end. (d) Effective Date.--The amendments made by this section shall take effect 120 days after the date of the enactment of this Act. SEC. 7. REGULATIONS. The Commissioner, in consultation with the Secretary of Labor, shall prescribe regulations necessary to carry out this Act. In developing such regulations, the Commissioner shall consider the input from a volunteer advisory body comprised of not more than 15 individuals, including experts in the relevant subject matter and officials charged with implementing State paid family and medical leave insurance programs. The Commissioner shall take such programs into account when proposing regulations. Such individuals shall be appointed as follows: (1) Five individuals to be appointed by the President. (2) Three individuals to be appointed by the majority leader of the Senate. (3) Two individuals to be appointed by the minority leader of the Senate. (4) Three individuals to be appointed by the Speaker of the House of Representatives. (5) Two individuals to be appointed by the minority leader of the House of Representatives. SEC. 8. GAO STUDY. As soon as practicable after calendar year 2024, the Comptroller General shall submit to Congress a report on family and medical leave insurance benefits paid under section 4 for any month during the 1-year period beginning on January 1, 2024. The report shall include the following: (1) An identification of the total number of applications for such benefits filed for any month during such 1-year period, and the average number of days occurring in the period beginning on the date on which such an application is received and ending on the date on which the initial determination of eligibility with respect to the application is made. (2) An identification of the total number of requests for review of an initial adverse determination of eligibility for such benefits made during such 1-year period, and the average number of days occurring in the period beginning on the date on which such review is requested and ending on the date on which the final determination of eligibility with respect to such review is made. (3) An identification of the total number of monthly benefit claim reports for such benefits filed during such 1- year period, and the average number of days occurring in the period beginning on the date on which such a claim report is received and ending on the date on which the initial determination of eligibility with respect to the claim report is made. (4) An identification of the total number of requests for review of an initial adverse determination relating to a monthly benefit claim report for such benefits made during such 1-year period, and the average number of days occurring in the period beginning on the date on which such review is requested and ending on the date on which the final determination of eligibility with respect to such review is made. (5) An identification of any excessive delay in any of the periods described in paragraphs (1) through (4), and a description of the causes for such delay. <all>

FAMILY Act

A bill to provide paid family and medical leave benefits to certain individuals, and for other purposes.

FAMILY Act Family and Medical Insurance Leave Act

Sen. Gillibrand, Kirsten E.

D

NY