Professional Documents
Culture Documents
Infrastructure Investment and Jobs Act
Infrastructure Investment and Jobs Act
AMENDMENT:
Strike all after the enacting clause and insert the
following:
1 SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
† HR 3684 EAS
3
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.
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
† HR 3684 EAS
4
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.
† HR 3684 EAS
5
Sec. 21203. National culvert removal, replacement, and restoration grant pro-
gram.
Sec. 21204. National multimodal cooperative freight research program.
Sec. 21205. Rural and Tribal infrastructure advancement.
TITLE II—RAIL
† HR 3684 EAS
6
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 investiga-
tions.
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.
† HR 3684 EAS
7
Sec. 23022. Apprenticeship pilot program.
Sec. 23023. Limousine compliance with Federal safety standards.
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 pro-
gram.
Sec. 25006. Electric vehicle working group.
† HR 3684 EAS
8
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 initia-
tive.
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.
DIVISION C—TRANSIT
† HR 3684 EAS
9
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, account-
ability, and investment.
DIVISION D—ENERGY
Sec. 40101. Preventing outages and enhancing the resilience of the electric grid.
Sec. 40102. Hazard mitigation using disaster assistance.
Sec. 40103. Electric grid reliability and resilience research, development, and
demonstration.
Sec. 40104. Utility demand response.
Sec. 40105. Siting of interstate electric transmission facilities.
Sec. 40106. Transmission facilitation program.
Sec. 40107. Deployment of technologies to enhance grid flexibility.
Sec. 40108. State energy security plans.
Sec. 40109. State energy program.
Sec. 40110. Power marketing administration transmission borrowing authority.
Sec. 40111. Study of codes and standards for use of energy storage systems across
sectors.
Sec. 40112. Demonstration of electric vehicle battery second-life applications for
grid services.
Sec. 40113. Columbia Basin power management.
Subtitle B—Cybersecurity
Sec. 40121.
Enhancing grid security through public-private partnerships.
Sec. 40122.
Energy Cyber Sense program.
Sec. 40123.
Incentives for advanced cybersecurity technology investment.
Sec. 40124.
Rural and municipal utility advanced cybersecurity grant and tech-
nical assistance program.
Sec. 40125. Enhanced grid security.
Sec. 40126. Cybersecurity plan.
Sec. 40127. Savings provision.
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.
† HR 3684 EAS
10
Sec. 40211. 21st Century Energy Workforce Advisory Board.
Sec. 40321. Infrastructure planning for micro and small modular nuclear reac-
tors.
Sec. 40322. Property interests relating to certain projects and protection of infor-
mation relating to certain agreements.
Sec. 40323. Civil nuclear credit program.
Subtitle D—Hydropower
Sec. 40331.
Hydroelectric production incentives.
Sec. 40332.
Hydroelectric efficiency improvement incentives.
Sec. 40333.
Maintaining and enhancing hydroelectricity incentives.
Sec. 40334.
Pumped storage hydropower wind and solar integration and system
reliability initiative.
Sec. 40335. Authority for pumped storage hydropower development using mul-
tiple 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.
† HR 3684 EAS
11
Subtitle B—Energy Information Administration
Subtitle C—Miscellaneous
Subtitle B—Buildings
PART I—INDUSTRY
Sec. 40521. Future of industry program and industrial research and assessment
centers.
Sec. 40522. Sustainable manufacturing initiative.
† HR 3684 EAS
12
Sec. 40535. Report.
Sec. 40541. Grants for energy efficiency improvements and renewable energy im-
provements at public school facilities.
Sec. 40542. Energy efficiency materials pilot program.
Subtitle E—Miscellaneous
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.
† HR 3684 EAS
13
Sec. 40910. Federal assistance for groundwater recharge, aquifer storage, and
water source substitution projects.
TITLE XII—MISCELLANEOUS
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 commu-
nity 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.
† HR 3684 EAS
14
Sec. 50205. Clean water infrastructure resiliency and sustainability program.
Sec. 50206. Small and medium publicly owned treatment works circuit rider pro-
gram.
Sec. 50207. Small publicly owned treatment works efficiency grant program.
Sec. 50208. Grants for construction and refurbishing of individual household de-
centralized wastewater systems for individuals with low or mod-
erate 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
† HR 3684 EAS
15
Sec. 60505. GAO report.
Sec. 60506. Digital discrimination.
TITLE III—REFORESTATION
Sec. 70301. Short title.
Sec. 70302. Reforestation following wildfires and other unplanned events.
Sec. 70303. Report.
Sec. 70401. Best practices for battery recycling and labeling guidelines.
Sec. 70402. Consumer recycling education and outreach grant program; Federal
procurement.
TITLE VI—CYBERSECURITY
† HR 3684 EAS
16
TITLE VIII—FEDERAL PERMITTING IMPROVEMENT
Subtitle B—BuyAmerican.gov
† HR 3684 EAS
17
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.
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.
† HR 3684 EAS
18
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
Sec. 100111.
Definition.
Sec. 100112.
Purpose.
Sec. 100113.
Establishment.
Sec. 100114.
Grants and cooperative agreements.
Sec. 100115.
Minimizing disruptions to existing MBDA Business Center pro-
gram.
Sec. 100116. Publicity.
† HR 3684 EAS
19
Sec. 100202. Agency study on alternative financing solutions.
Sec. 100203. Educational development relating to management and entrepreneur-
ship.
1 SEC. 2. REFERENCES.
† HR 3684 EAS
20
1 DIVISION A—SURFACE
2 TRANSPORTATION
3 SEC. 10001. SHORT TITLE.
7 In this division:
8 (1) DEPARTMENT.—The term ‘‘Department’’
9 means the Department of Transportation.
10 (2) SECRETARY.—The term ‘‘Secretary’’ means
11 the Secretary of Transportation.
12 SEC. 10003. EFFECTIVE DATE.
† HR 3684 EAS
21
1 119 of title 23, United States Code, the surface trans-
2 portation block grant program under section 133 of
3 that title, the highway safety improvement program
4 under section 148 of that title, the congestion mitiga-
5 tion and air quality improvement program under sec-
6 tion 149 of that title, the national highway freight
7 program under section 167 of that title, the carbon re-
8 duction program under section 175 of that title, to
9 carry out subsection (c) of the PROTECT program
10 under section 176 of that title, and to carry out sec-
11 tion 134 of that title—
12 (A) $52,488,065,375 for fiscal year 2022;
13 (B) $53,537,826,683 for fiscal year 2023;
14 (C) $54,608,583,217 for fiscal year 2024;
15 (D) $55,700,754,881 for fiscal year 2025;
16 and
17 (E) $56,814,769,844 for fiscal year 2026.
18 (2) TRANSPORTATION INFRASTRUCTURE FINANCE
25 TATION PROGRAMS.—
† HR 3684 EAS
22
1 (A) TRIBAL TRANSPORTATION PROGRAM.—
11 GRAM.—
† HR 3684 EAS
23
1 (ii) ALLOCATION.—Of the amount
2 made available for a fiscal year under
3 clause (i)—
4 (I) the amount for the National
5 Park Service is—
6 (aa) $332,427,450 for fiscal
7 year 2022;
8 (bb) $338,867,450 for fiscal
9 year 2023;
10 (cc) $346,237,450 for fiscal
11 year 2024;
12 (dd) $353,607,450 for fiscal
13 year 2025; and
14 (ee) $360,047,450 for fiscal
15 year 2026;
16 (II) the amount for the United
17 States Fish and Wildlife Service is
18 $36,000,000 for each of fiscal years
19 2022 through 2026; and
20 (III) the amount for the Forest
21 Service is—
22 (aa) $24,000,000 for fiscal
23 year 2022;
24 (bb) $25,000,000 for fiscal
25 year 2023;
† HR 3684 EAS
24
1 (cc) $26,000,000 for fiscal
2 year 2024;
3 (dd) $27,000,000 for fiscal
4 year 2025; and
5 (ee) $28,000,000 for fiscal
6 year 2026.
7 (C) FEDERAL LANDS ACCESS PROGRAM.—
† HR 3684 EAS
25
1 (5) NATIONALLY SIGNIFICANT FREIGHT AND
† HR 3684 EAS
26
1 $50,000,000 for each of fiscal years 2022 through
2 2026.
3 (C) CHARGING AND FUELING INFRASTRUC-
† HR 3684 EAS
27
1 Code, for each of fiscal years 2022 through
2 2026—
3 (I) $250,000,000 for fiscal year
4 2022;
5 (II) $250,000,000 for fiscal year
6 2023;
7 (III) $300,000,000 for fiscal year
8 2024;
9 (IV) $300,000,000 for fiscal year
10 2025; and
11 (V) $300,000,000 for fiscal year
12 2026.
13 (ii) ALLOCATION.—Of the amounts
14 made available under clause (i)—
15 (I) for planning grants under
16 paragraph (3) of that subsection—
17 (aa) $25,000,000 for fiscal
18 year 2022;
19 (bb) $25,000,000 for fiscal
20 year 2023;
21 (cc) $30,000,000 for fiscal
22 year 2024;
23 (dd) $30,000,000 for fiscal
24 year 2025; and
† HR 3684 EAS
28
1 (ee) $30,000,000 for fiscal
2 year 2026;
3 (II) for resilience improvement
4 grants under paragraph (4)(A) of that
5 subsection—
6 (aa) $175,000,000 for fiscal
7 year 2022;
8 (bb) $175,000,000 for fiscal
9 year 2023;
10 (cc) $210,000,000 for fiscal
11 year 2024;
12 (dd) $210,000,000 for fiscal
13 year 2025; and
14 (ee) $210,000,000 for fiscal
15 year 2026;
16 (III) for community resilience
17 and evacuation route grants under
18 paragraph (4)(B) of that subsection—
19 (aa) $25,000,000 for fiscal
20 year 2022;
21 (bb) $25,000,000 for fiscal
22 year 2023;
23 (cc) $30,000,000 for fiscal
24 year 2024;
† HR 3684 EAS
29
1 (dd) $30,000,000 for fiscal
2 year 2025; and
3 (ee) $30,000,000 for fiscal
4 year 2026; and
5 (IV) for at-risk coastal infrastruc-
6 ture grants under paragraph (4)(C) of
7 that subsection—
8 (aa) $25,000,000 for fiscal
9 year 2022;
10 (bb) $25,000,000 for fiscal
11 year 2023;
12 (cc) $30,000,000 for fiscal
13 year 2024;
14 (dd) $30,000,000 for fiscal
15 year 2025; and
16 (ee) $30,000,000 for fiscal
17 year 2026.
18 (F) REDUCTION OF TRUCK EMISSIONS AT
19 PORT FACILITIES.—
† HR 3684 EAS
30
1 for obligation in the same manner as if
2 those amounts were apportioned under
3 chapter 1 of title 23, United States Code.
4 (G) NATIONALLY SIGNIFICANT FEDERAL
† HR 3684 EAS
31
1 (I) $600,000,000 for fiscal year
2 2022;
3 (II) $640,000,000 for fiscal year
4 2023;
5 (III) $650,000,000 for fiscal year
6 2024;
7 (IV) $675,000,000 for fiscal year
8 2025; and
9 (V) $700,000,000 for fiscal year
10 2026.
11 (ii) ALLOCATION.—Amounts made
12 available under clause (i) shall be allocated
13 in the same manner as if made available
14 under paragraph (1)(A).
15 (B) NATIONALLY SIGNIFICANT FEDERAL
† HR 3684 EAS
32
1 $100,000,000 for each of fiscal years 2022
2 through 2026.
3 (D) TRANSPORTATION RESILIENCE AND AD-
† HR 3684 EAS
33
1 title 23, United States Code, $110,000,000 for
2 each of fiscal years 2022 through 2026.
3 (C) TRAINING AND EDUCATION.—To carry
4 out section 504 of title 23, United States Code—
5 (i) $25,000,000 for fiscal year 2022;
6 (ii) $25,250,000 for fiscal year 2023;
7 (iii) $25,500,000 for fiscal year 2024;
8 (iv) $25,750,000 for fiscal year 2025;
9 and
10 (v) $26,000,000 for fiscal year 2026.
11 (D) INTELLIGENT TRANSPORTATION SYS-
† HR 3684 EAS
34
1 (F) BUREAU OF TRANSPORTATION STATIS-
† HR 3684 EAS
35
1 percent, unless otherwise expressly provided by
2 this division (including the amendments by this
3 division) or otherwise determined by the Sec-
4 retary; and
5 (B) remain available until expended and
6 not be transferable, except as otherwise provided
7 by this division.
8 (d) PILOT PROGRAMS.—The following amounts are
9 authorized to be appropriated out of the Highway Trust
10 Fund (other than the Mass Transit Account):
11 (1) WILDLIFE CROSSINGS PILOT PROGRAM.—For
20 GRAM.—
† HR 3684 EAS
36
1 (B) TREATMENT.—Amounts made available
2 under subparagraph (A) shall be available for
3 obligation in the same manner as if those
4 amounts were apportioned under chapter 1 of
5 title 23, United States Code.
6 (3) RECONNECTING COMMUNITIES PILOT PRO-
7 GRAM.—
† HR 3684 EAS
37
1 title 23, United States Code, except that those
2 amounts shall remain available until expended.
3 (e) DISADVANTAGED BUSINESS ENTERPRISES.—
4 (1) FINDINGS.—Congress finds that—
5 (A) while significant progress has occurred
6 due to the establishment of the disadvantaged
7 business enterprise program, discrimination and
8 related barriers continue to pose significant ob-
9 stacles for minority- and women-owned busi-
10 nesses seeking to do business in Federally as-
11 sisted surface transportation markets across the
12 United States;
13 (B) the continuing barriers described in
14 subparagraph (A) merit the continuation of the
15 disadvantaged business enterprise program;
16 (C) Congress has received and reviewed tes-
17 timony and documentation of race and gender
18 discrimination from numerous sources, including
19 congressional hearings and roundtables, scientific
20 reports, reports issued by public and private
21 agencies, news stories, reports of discrimination
22 by organizations and individuals, and discrimi-
23 nation lawsuits, which show that race- and gen-
24 der-neutral efforts alone are insufficient to ad-
25 dress the problem;
† HR 3684 EAS
38
1 (D) the testimony and documentation de-
2 scribed in subparagraph (C) demonstrate that
3 discrimination across the United States poses a
4 barrier to full and fair participation in surface
5 transportation-related businesses of women busi-
6 ness owners and minority business owners and
7 has impacted firm development and many as-
8 pects of surface transportation-related business
9 in the public and private markets; and
10 (E) the testimony and documentation de-
11 scribed in subparagraph (C) provide a strong
12 basis that there is a compelling need for the con-
13 tinuation of the disadvantaged business enter-
14 prise program to address race and gender dis-
15 crimination in surface transportation-related
16 business.
17 (2) DEFINITIONS.—In this subsection:
18 (A) SMALL BUSINESS CONCERN.—
† HR 3684 EAS
39
1 same socially and economically disadvan-
2 taged individual or individuals that have
3 average annual gross receipts during the
4 preceding 3 fiscal years in excess of
5 $26,290,000, as adjusted annually by the
6 Secretary for inflation.
7 (B) SOCIALLY AND ECONOMICALLY DIS-
† HR 3684 EAS
40
1 (4) ANNUAL LISTING OF DISADVANTAGED BUSI-
† HR 3684 EAS
41
1 include, with respect to a potential small busi-
2 ness concern—
3 (i) on-site visits;
4 (ii) personal interviews with personnel;
5 (iii) issuance or inspection of licenses;
6 (iv) analyses of stock ownership;
7 (v) listings of equipment;
8 (vi) analyses of bonding capacity;
9 (vii) listings of work completed;
10 (viii) examination of the resumes of
11 principal owners;
12 (ix) analyses of financial capacity;
13 and
14 (x) analyses of the type of work pre-
15 ferred.
16 (6) REPORTING.—The Secretary shall establish
17 minimum requirements for use by State governments
18 in reporting to the Secretary—
19 (A) information concerning disadvantaged
20 business enterprise awards, commitments, and
21 achievements; and
22 (B) such other information as the Secretary
23 determines to be appropriate for the proper mon-
24 itoring of the disadvantaged business enterprise
25 program.
† HR 3684 EAS
42
1 (7) COMPLIANCE WITH COURT ORDERS.—Noth-
† HR 3684 EAS
43
1 SEC. 11102. OBLIGATION CEILING.
† HR 3684 EAS
44
1 (6) sections 1103 through 1108 of the Intermodal
2 Surface Transportation Efficiency Act of 1991 (105
3 Stat. 2027);
4 (7) section 157 of title 23, United States Code
5 (as in effect on June 8, 1998);
6 (8) section 105 of title 23, United States Code
7 (as in effect for fiscal years 1998 through 2004, but
8 only in an amount equal to $639,000,000 for each of
9 those fiscal years);
10 (9) Federal-aid highway programs for which ob-
11 ligation authority was made available under the
12 Transportation Equity Act for the 21st Century (112
13 Stat. 107) or subsequent Acts for multiple years or to
14 remain available until expended, but only to the ex-
15 tent that the obligation authority has not lapsed or
16 been used;
17 (10) section 105 of title 23, United States Code
18 (as in effect for fiscal years 2005 through 2012, but
19 only in an amount equal to $639,000,000 for each of
20 those fiscal years);
21 (11) section 1603 of SAFETEA–LU (23 U.S.C.
22 118 note; 119 Stat. 1248), to the extent that funds ob-
23 ligated in accordance with that section were not sub-
24 ject to a limitation on obligations at the time at
† HR 3684 EAS
45
1 which the funds were initially made available for ob-
2 ligation;
3 (12) section 119 of title 23, United States Code
4 (as in effect for fiscal years 2013 through 2015, but
5 only in an amount equal to $639,000,000 for each of
6 those fiscal years);
7 (13) section 119 of title 23, United States Code
8 (as in effect for fiscal years 2016 through 2021, but
9 only in an amount equal to $639,000,000 for each of
10 those fiscal years); and
11 (14) section 119 of title 23, United States Code
12 (but, for fiscal years 2022 through 2026, only in an
13 amount equal to $639,000,000 for each of those fiscal
14 years).
15 (c) DISTRIBUTION OF OBLIGATION AUTHORITY.—For
16 each of fiscal years 2022 through 2026, the Secretary—
17 (1) shall not distribute obligation authority pro-
18 vided by subsection (a) for the fiscal year for—
19 (A) amounts authorized for administrative
20 expenses and programs by section 104(a) of title
21 23, United States Code; and
22 (B) amounts authorized for the Bureau of
23 Transportation Statistics;
† HR 3684 EAS
46
1 (2) shall not distribute an amount of obligation
2 authority provided by subsection (a) that is equal to
3 the unobligated balance of amounts—
4 (A) made available from the Highway Trust
5 Fund (other than the Mass Transit Account) for
6 Federal-aid highway and highway safety con-
7 struction programs for previous fiscal years the
8 funds for which are allocated by the Secretary
9 (or apportioned by the Secretary under section
10 202 or 204 of title 23, United States Code); and
11 (B) for which obligation authority was pro-
12 vided in a previous fiscal year;
13 (3) shall determine the proportion that—
14 (A) the obligation authority provided by
15 subsection (a) for the fiscal year, less the aggre-
16 gate of amounts not distributed under para-
17 graphs (1) and (2) of this subsection; bears to
18 (B) the total of the sums authorized to be
19 appropriated for the Federal-aid highway and
20 highway safety construction programs (other
21 than sums authorized to be appropriated for pro-
22 visions of law described in paragraphs (1)
23 through (13) of subsection (b) and sums author-
24 ized to be appropriated for section 119 of title
25 23, United States Code, equal to the amount re-
† HR 3684 EAS
47
1 ferred to in subsection (b)(14) for the fiscal
2 year), less the aggregate of the amounts not dis-
3 tributed under paragraphs (1) and (2) of this
4 subsection;
5 (4) shall distribute the obligation authority pro-
6 vided by subsection (a), less the aggregate amounts
7 not distributed under paragraphs (1) and (2), for
8 each of the programs (other than programs to which
9 paragraph (1) applies) that are allocated by the Sec-
10 retary under this division and title 23, United States
11 Code, or apportioned by the Secretary under section
12 202 or 204 of that title, by multiplying—
13 (A) the proportion determined under para-
14 graph (3); by
15 (B) the amounts authorized to be appro-
16 priated for each such program for the fiscal year;
17 and
18 (5) shall distribute the obligation authority pro-
19 vided by subsection (a), less the aggregate amounts
20 not distributed under paragraphs (1) and (2) and the
21 amounts distributed under paragraph (4), for Fed-
22 eral-aid highway and highway safety construction
23 programs that are apportioned by the Secretary
24 under title 23, United States Code (other than the
25 amounts apportioned for the national highway per-
† HR 3684 EAS
48
1 formance program in section 119 of title 23, United
2 States Code, that are exempt from the limitation
3 under subsection (b)(14) and the amounts appor-
4 tioned under sections 202 and 204 of that title) in the
5 proportion that—
6 (A) amounts authorized to be appropriated
7 for the programs that are apportioned under title
8 23, United States Code, to each State for the fis-
9 cal year; bears to
10 (B) the total of the amounts authorized to
11 be appropriated for the programs that are ap-
12 portioned under title 23, United States Code, to
13 all States for the fiscal year.
14 (d) REDISTRIBUTION OF UNUSED OBLIGATION AU-
15 THORITY.—Notwithstanding subsection (c), the Secretary
16 shall, after August 1 of each of fiscal years 2022 through
17 2026—
18 (1) revise a distribution of the obligation author-
19 ity made available under subsection (c) if an amount
20 distributed cannot be obligated during that fiscal
21 year; and
22 (2) redistribute sufficient amounts to those States
23 able to obligate amounts in addition to those pre-
24 viously distributed during that fiscal year, giving pri-
25 ority to those States having large unobligated bal-
† HR 3684 EAS
49
1 ances of funds apportioned under sections 144 (as in
2 effect on the day before the date of enactment of
3 MAP–21 (Public Law 112–141; 126 Stat. 405)) and
4 104 of title 23, United States Code.
5 (e) APPLICABILITY OF OBLIGATION LIMITATIONS TO
† HR 3684 EAS
50
1 funds (excluding funds authorized for the program
2 under section 202 of title 23, United States Code)
3 that—
4 (A) are authorized to be appropriated for
5 the fiscal year for Federal-aid highway pro-
6 grams; and
7 (B) the Secretary determines will not be al-
8 located to the States (or will not be apportioned
9 to the States under section 204 of title 23,
10 United States Code), and will not be available
11 for obligation, for the fiscal year because of the
12 imposition of any obligation limitation for the
13 fiscal year.
14 (2) RATIO.—Funds shall be distributed under
15 paragraph (1) in the same proportion as the distribu-
16 tion of obligation authority under subsection (c)(5).
17 (3) AVAILABILITY.—Funds distributed to each
18 State under paragraph (1) shall be available for any
19 purpose described in section 133(b) of title 23, United
20 States Code.
21 SEC. 11103. DEFINITIONS.
† HR 3684 EAS
51
1 (A) in subparagraph (A), by inserting ‘‘as-
2 sessing resilience,’’ after ‘‘surveying,’’;
3 (B) in subparagraph (G), by striking ‘‘and’’
4 at the end;
5 (C) by redesignating subparagraph (H) as
6 subparagraph (I); and
7 (D) by inserting after subparagraph (G) the
8 following:
9 ‘‘(H) improvements that reduce the number
10 of wildlife-vehicle collisions, such as wildlife
11 crossing structures; and’’;
12 (2) by redesignating paragraphs (17) through
13 (34) as paragraphs (18), (19), (20), (21), (22), (23),
14 (25), (26), (27), (28), (29), (30), (31), (32), (33), (34),
15 (35), and (36), respectively;
16 (3) by inserting after paragraph (16) the fol-
17 lowing:
18 ‘‘(17) NATURAL INFRASTRUCTURE.—The term
19 ‘natural infrastructure’ means infrastructure that
20 uses, restores, or emulates natural ecological processes
21 and—
22 ‘‘(A) is created through the action of nat-
23 ural physical, geological, biological, and chem-
24 ical processes over time;
† HR 3684 EAS
52
1 ‘‘(B) is created by human design, engineer-
2 ing, and construction to emulate or act in con-
3 cert with natural processes; or
4 ‘‘(C) involves the use of plants, soils, and
5 other natural features, including through the cre-
6 ation, restoration, or preservation of vegetated
7 areas using materials appropriate to the region
8 to manage stormwater and runoff, to attenuate
9 flooding and storm surges, and for other related
10 purposes.’’;
11 (4) by inserting after paragraph (23) (as so re-
12 designated) the following:
13 ‘‘(24) RESILIENCE.—The term ‘resilience’, with
14 respect to a project, means a project with the ability
15 to anticipate, prepare for, or adapt to conditions or
16 withstand, respond to, or recover rapidly from dis-
17 ruptions, including the ability—
18 ‘‘(A)(i) to resist hazards or withstand im-
19 pacts from weather events and natural disasters;
20 or
21 ‘‘(ii) to reduce the magnitude or duration of
22 impacts of a disruptive weather event or natural
23 disaster on a project; and
24 ‘‘(B) to have the absorptive capacity, adapt-
25 ive capacity, and recoverability to decrease
† HR 3684 EAS
53
1 project vulnerability to weather events or other
2 natural disasters.’’; and
3 (5) in subparagraph (A) of paragraph (32) (as
4 so redesignated)—
5 (A) by striking the period at the end and
6 inserting ‘‘; and’’;
7 (B) by striking ‘‘through the implementa-
8 tion’’ and inserting the following: ‘‘through—
9 ‘‘(i) the implementation’’; and
10 (C) by adding at the end the following:
11 ‘‘(ii) the consideration of incorporating
12 natural infrastructure.’’.
13 SEC. 11104. APPORTIONMENT.
† HR 3684 EAS
54
1 (1) in the matter preceding paragraph (1), by
2 inserting ‘‘the carbon reduction program under sec-
3 tion 175, to carry out subsection (c) of the PROTECT
4 program under section 176,’’ before ‘‘and to carry out
5 section 134’’;
6 (2) in paragraph (1), by striking ‘‘63.7 percent’’
7 and inserting ‘‘59.0771195921461 percent’’;
8 (3) in paragraph (2), by striking ‘‘29.3 percent’’
9 and inserting ‘‘28.7402203421251 percent’’;
10 (4) in paragraph (3), by striking ‘‘7 percent’’
11 and inserting ‘‘6.70605141316253 percent’’;
12 (5) by striking paragraph (4) and inserting the
13 following:
14 ‘‘(4) CONGESTION MITIGATION AND AIR QUALITY
15 IMPROVEMENT PROGRAM.—
† HR 3684 EAS
55
1 ‘‘(ii) $2,587,220,620 for fiscal year
2 2023;
3 ‘‘(iii) $2,638,965,032 for fiscal year
4 2024;
5 ‘‘(iv) $2,691,744,332 for fiscal year
6 2025; and
7 ‘‘(v) $2,745,579,213 for fiscal year
8 2026.
9 ‘‘(C) STATE SHARE.—For each fiscal year,
10 the Secretary shall distribute among the States
11 the total amount for the congestion mitigation
12 and air quality improvement program under
13 subparagraph (B) so that each State receives an
14 amount equal to the proportion that—
15 ‘‘(i) the amount apportioned to the
16 State for the congestion mitigation and air
17 quality improvement program for fiscal
18 year 2020; bears to
19 ‘‘(ii) the total amount of funds appor-
20 tioned to all States for that program for fis-
21 cal year 2020.’’;
22 (6) in paragraph (5)—
23 (A) by striking subparagraph (B) and in-
24 serting the following:
† HR 3684 EAS
56
1 ‘‘(B) TOTAL AMOUNT.—The total amount
2 set aside for the national highway freight pro-
3 gram for all States shall be—
4 ‘‘(i) $1,373,932,519 for fiscal year
5 2022;
6 ‘‘(ii) $1,401,411,169 for fiscal year
7 2023;
8 ‘‘(iii) $1,429,439,392 for fiscal year
9 2024;
10 ‘‘(iv) $1,458,028,180 for fiscal year
11 2025; and
12 ‘‘(v) $1,487,188,740 for fiscal year
13 2026.’’; and
14 (B) by striking subparagraph (D); and
15 (7) by striking paragraph (6) and inserting the
16 following:
17 ‘‘(6) METROPOLITAN PLANNING.—
† HR 3684 EAS
57
1 ‘‘(iii) $455,821,233 for fiscal year
2 2024;
3 ‘‘(iv) $464,937,657 for fiscal year 2025;
4 and
5 ‘‘(v) $474,236,409 for fiscal year 2026.
6 ‘‘(C) STATE SHARE.—For each fiscal year,
7 the Secretary shall distribute among the States
8 the total amount to carry out section 134 under
9 subparagraph (B) so that each State receives an
10 amount equal to the proportion that—
11 ‘‘(i) the amount apportioned to the
12 State to carry out section 134 for fiscal
13 year 2020; bears to
14 ‘‘(ii) the total amount of funds appor-
15 tioned to all States to carry out section 134
16 for fiscal year 2020.
17 ‘‘(7) CARBON REDUCTION PROGRAM.—For the
18 carbon reduction program under section 175,
19 2.56266964565637 percent of the amount remaining
20 after distributing amounts under paragraphs (4), (5),
21 and (6).
22 ‘‘(8) PROTECT FORMULA PROGRAM.—To carry
23 out subsection (c) of the PROTECT program under
24 section 176, 2.91393900690991 percent of the amount
† HR 3684 EAS
58
1 remaining after distributing amounts under para-
2 graphs (4), (5), and (6).’’.
3 (c) CALCULATION OF AMOUNTS.—Section 104(c) of
4 title 23, United States Code, is amended—
5 (1) in paragraph (1)—
6 (A) in the matter preceding subparagraph
7 (A), by striking ‘‘each of fiscal years 2016
8 through 2020’’ and inserting ‘‘fiscal year 2022
9 and each fiscal year thereafter’’;
10 (B) in subparagraph (A)—
11 (i) by striking clause (i) and inserting
12 the following:
13 ‘‘(i) the base apportionment; by’’; and
14 (ii) in clause (ii)(I), by striking ‘‘fiscal
15 year 2015’’ and inserting ‘‘fiscal year
16 2021’’; and
17 (C) by striking subparagraph (B) and in-
18 serting the following:
19 ‘‘(B) GUARANTEED AMOUNTS.—The initial
20 amounts resulting from the calculation under
21 subparagraph (A) shall be adjusted to ensure
22 that each State receives an aggregate apportion-
23 ment that is—
24 ‘‘(i) equal to at least 95 percent of the
25 estimated tax payments paid into the High-
† HR 3684 EAS
59
1 way Trust Fund (other than the Mass
2 Transit Account) in the most recent fiscal
3 year for which data are available that
4 are—
5 ‘‘(I) attributable to highway users
6 in the State; and
7 ‘‘(II) associated with taxes in ef-
8 fect on July 1, 2019, and only up to
9 the rate those taxes were in effect on
10 that date;
11 ‘‘(ii) at least 2 percent greater than the
12 apportionment that the State received for
13 fiscal year 2021; and
14 ‘‘(iii) at least 1 percent greater than
15 the apportionment that the State received
16 for the previous fiscal year.’’; and
17 (2) in paragraph (2)—
18 (A) by striking ‘‘fiscal years 2016 through
19 2020’’ and inserting ‘‘fiscal year 2022 and each
20 fiscal year thereafter’’; and
21 (B) by inserting ‘‘the carbon reduction pro-
22 gram under section 175, to carry out subsection
23 (c) of the PROTECT program under section
24 176,’’ before ‘‘and to carry out section 134’’.
† HR 3684 EAS
60
1 (d) METROPOLITAN PLANNING.—Section 104(d)(1)(A)
2 of title 23, United States Code, is amended by striking
3 ‘‘paragraphs (5)(D) and (6) of subsection (b)’’ each place
4 it appears and inserting ‘‘subsection (b)(6)’’.
5 (e) SUPPLEMENTAL FUNDS.—Section 104 of title 23,
6 United States Code, is amended by striking subsection (h).
7 (f) BASE APPORTIONMENT DEFINED.—Section 104 of
8 title 23, United States Code, is amended—
9 (1) by redesignating subsection (i) as subsection
10 (h); and
11 (2) in subsection (h) (as so redesignated)—
12 (A) by striking ‘‘means’’ in the matter pre-
13 ceding paragraph (1) and all that follows
14 through ‘‘the combined amount’’ in paragraph
15 (1) and inserting ‘‘means the combined amount’’;
16 (B) by striking ‘‘and to carry out section
17 134; minus’’ and inserting ‘‘the carbon reduction
18 program under section 175, to carry out sub-
19 section (c) of the PROTECT program under sec-
20 tion 176, and to carry out section 134.’’; and
21 (C) by striking paragraph (2).
22 SEC. 11105. NATIONAL HIGHWAY PERFORMANCE PROGRAM.
† HR 3684 EAS
61
1 (A) in paragraph (2), by striking ‘‘and’’ at
2 the end;
3 (B) in paragraph (3), by striking the period
4 at the end and inserting ‘‘; and’’; and
5 (C) by adding at the end the following:
6 ‘‘(4) to provide support for activities to increase
7 the resiliency of the National Highway System to
8 mitigate the cost of damages from sea level rise, ex-
9 treme weather events, flooding, wildfires, or other nat-
10 ural disasters.’’;
11 (2) in subsection (d)(2), by adding at the end the
12 following:
13 ‘‘(Q) Undergrounding public utility infra-
14 structure carried out in conjunction with a
15 project otherwise eligible under this section.
16 ‘‘(R) Resiliency improvements on the Na-
17 tional Highway System, including protective
18 features described in subsection (k)(2).
19 ‘‘(S) Implement activities to protect seg-
20 ments of the National Highway System from cy-
21 bersecurity threats.’’;
22 (3) in subsection (e)(4)(D), by striking ‘‘anal-
23 ysis’’ and inserting ‘‘analyses, both of which shall
24 take into consideration extreme weather and resil-
25 ience’’; and
† HR 3684 EAS
62
1 (4) by adding at the end the following:
2 ‘‘(k) PROTECTIVE FEATURES.—
3 ‘‘(1) IN GENERAL.—A State may use not more
4 than 15 percent of the funds apportioned to the State
5 under section 104(b)(1) for each fiscal year for 1 or
6 more protective features on a Federal-aid highway or
7 bridge not on the National Highway System, if the
8 protective feature is designed to mitigate the risk of
9 recurring damage or the cost of future repairs from
10 extreme weather events, flooding, or other natural dis-
11 asters.
12 ‘‘(2) PROTECTIVE FEATURES DESCRIBED.—A
† HR 3684 EAS
63
1 ‘‘(G) replacing culverts with bridges or
2 upsizing culverts;
3 ‘‘(H) installing seismic retrofits on bridges;
4 ‘‘(I) adding scour protection at bridges, in-
5 stalling riprap, or adding other scour, stream
6 stability, coastal, or other hydraulic counter-
7 measures, including spur dikes; and
8 ‘‘(J) the use of natural infrastructure to
9 mitigate the risk of recurring damage or the cost
10 of future repair from extreme weather events,
11 flooding, or other natural disasters.
12 ‘‘(3) SAVINGS PROVISION.—Nothing in this sub-
13 section limits the ability of a State to carry out a
14 project otherwise eligible under subsection (d) using
15 funds apportioned under section 104(b)(1).’’.
16 SEC. 11106. EMERGENCY RELIEF.
† HR 3684 EAS
64
1 traffic by the State or responsible local official because of
2 imminent danger of collapse due to a structural deficiency
3 or physical deterioration.’’; and
4 (3) in subsection (d)—
5 (A) in paragraph (2)(A)—
6 (i) by striking the period at the end
7 and inserting ‘‘; and’’;
8 (ii) by striking ‘‘a facility that meets
9 the current’’ and inserting the following: ‘‘a
10 facility that—
11 ‘‘(i) meets the current’’; and
12 (iii) by adding at the end the fol-
13 lowing:
14 ‘‘(ii) incorporates economically justifi-
15 able improvements that will mitigate the
16 risk of recurring damage from extreme
17 weather, flooding, and other natural disas-
18 ters.’’;
19 (B) by redesignating paragraph (3) as
20 paragraph (4); and
21 (C) by inserting after paragraph (2) the fol-
22 lowing:
23 ‘‘(3) PROTECTIVE FEATURES.—
† HR 3684 EAS
65
1 shall be an eligible expense under this section if
2 the improvement is a protective feature that will
3 mitigate the risk of recurring damage or the cost
4 of future repair from extreme weather, flooding,
5 and other natural disasters.
6 ‘‘(B) PROTECTIVE FEATURES DESCRIBED.—
† HR 3684 EAS
66
1 scour, stream stability, coastal, or other hy-
2 draulic countermeasures, including spur
3 dikes; and
4 ‘‘(x) the use of natural infrastructure
5 to mitigate the risk of recurring damage or
6 the cost of future repair from extreme
7 weather, flooding, and other natural disas-
8 ters.’’.
9 SEC. 11107. FEDERAL SHARE PAYABLE.
† HR 3684 EAS
67
1 safety enhancements to work zones prior to
2 or during roadway construction activities;
3 or’’; and
4 (C) by adding at the end the following:
5 ‘‘(4) POOLED FUNDING.—Notwithstanding any
6 other provision of law, the Secretary may waive the
7 non-Federal share of the cost of a project or activity
8 under section 502(b)(6) that is carried out with
9 amounts apportioned under section 104(b)(2) after
10 considering appropriate factors, including whether—
11 ‘‘(A) decreasing or eliminating the non-Fed-
12 eral share would best serve the interests of the
13 Federal-aid highway program; and
14 ‘‘(B) the project or activity addresses na-
15 tional or regional high priority research, devel-
16 opment, and technology transfer problems in a
17 manner that would benefit multiple States or
18 metropolitan planning organizations.’’;
19 (2) in subsection (e)—
20 (A) in paragraph (1), by striking ‘‘180
21 days’’ and inserting ‘‘270 days’’; and
22 (B) in paragraph (4), by striking ‘‘perma-
23 nent’’; and
24 (3) by adding at the end the following:
† HR 3684 EAS
68
1 ‘‘(l) FEDERAL SHARE FLEXIBILITY PILOT PRO-
2 GRAM.—
† HR 3684 EAS
69
1 ‘‘(iv) The congestion mitigation and
2 air quality improvement program under
3 section 149.
4 ‘‘(v) The national highway freight pro-
5 gram under section 167.
6 ‘‘(vi) The carbon reduction program
7 under section 175.
8 ‘‘(vii) Subsection (c) of the PROTECT
9 program under section 176.
10 ‘‘(B) REQUIREMENTS.—
11 ‘‘(i) MAXIMUM FEDERAL SHARE.—Sub-
† HR 3684 EAS
70
1 ‘‘(iii) DETERMINATION.—The average
2 annual Federal share of the total cost of all
3 projects authorized under a program de-
4 scribed in subparagraph (A) to which a
5 participating State is applying the Federal
6 share requirements under the pilot program
7 shall be not more than the average of the
8 maximum Federal share of those projects if
9 those projects were not carried out under the
10 pilot program.
11 ‘‘(C) SELECTION.—
12 ‘‘(i) APPLICATION.—A State seeking to
13 be a participating State shall—
14 ‘‘(I) submit to the Secretary an
15 application in such form, at such time,
16 and containing such information as
17 the Secretary may require; and
18 ‘‘(II) have in place adequate fi-
19 nancial controls to allow the State to
20 determine the average annual Federal
21 share requirements under the pilot pro-
22 gram.
23 ‘‘(ii) REQUIREMENT.—For each of fis-
24 cal years 2022 through 2026, the Secretary
† HR 3684 EAS
71
1 shall select not more than 10 States to be
2 participating States.’’.
3 SEC. 11108. RAILWAY-HIGHWAY GRADE CROSSINGS.
† HR 3684 EAS
72
1 pedestrian fatalities and injuries from tres-
2 passing at grade crossings.’’.
3 (b) FEDERAL SHARE.—Section 130(f)(3) of title 23,
4 United States Code, is amended by striking ‘‘90 percent’’
5 and inserting ‘‘100 percent’’.
6 (c) INCENTIVE PAYMENTS FOR AT-GRADE CROSSING
7 CLOSURES.—Section 130(i)(3)(B) of title 23, United States
8 Code, is amended by striking ‘‘$7,500’’ and inserting
9 ‘‘$100,000’’.
10 (d) EXPENDITURE OF FUNDS.—Section 130(k) of title
11 23, United States Code, is amended by striking ‘‘2 percent’’
12 and inserting ‘‘8 percent’’.
13 (e) GAO STUDY.—Not later than 3 years after the date
14 of enactment of this Act, the Comptroller General of the
15 United States shall submit to Congress a report that in-
16 cludes an analysis of the effectiveness of the railway-high-
17 way crossings program under section 130 of title 23, United
18 States Code.
19 (f) SENSE OF CONGRESS RELATING TO TRESPASSER
20 DEATHS ALONG RAILROAD RIGHTS-OF-WAY.—It is the
21 sense of Congress that the Department should, where fea-
22 sible, coordinate departmental efforts to prevent or reduce
23 trespasser deaths along railroad rights-of-way and at or
24 near railway-highway crossings.
† HR 3684 EAS
73
1 SEC. 11109. SURFACE TRANSPORTATION BLOCK GRANT
2 PROGRAM.
† HR 3684 EAS
75
1 project-related planning, design, construction, moni-
2 toring, and preventative maintenance.
3 ‘‘(15) The installation of electric vehicle charging
4 infrastructure and vehicle-to-grid infrastructure.
5 ‘‘(16) The installation and deployment of current
6 and emerging intelligent transportation technologies,
7 including the ability of vehicles to communicate with
8 infrastructure, buildings, and other road users.
9 ‘‘(17) Planning and construction of projects that
10 facilitate intermodal connections between emerging
11 transportation technologies, such as magnetic levita-
12 tion and hyperloop.
13 ‘‘(18) Protective features, including natural in-
14 frastructure, to enhance the resilience of a transpor-
15 tation facility otherwise eligible for assistance under
16 this section.
17 ‘‘(19) Measures to protect a transportation facil-
18 ity otherwise eligible for assistance under this section
19 from cybersecurity threats.’’; and
20 (G) by adding at the end the following:
21 ‘‘(23) Rural barge landing, dock, and waterfront
22 infrastructure projects in accordance with subsection
23 (j).
24 ‘‘(24) Projects to enhance travel and tourism.’’;
25 (2) in subsection (c)—
† HR 3684 EAS
76
1 (A) in paragraph (2), by striking ‘‘para-
2 graphs (4) through (11)’’ and inserting ‘‘para-
3 graphs (5) through (15) and paragraph (23)’’;
4 (B) in paragraph (3), by striking ‘‘and’’ at
5 the end;
6 (C) by redesignating paragraph (4) as
7 paragraph (5); and
8 (D) by inserting after paragraph (3) the fol-
9 lowing:
10 ‘‘(4) for a bridge project for the replacement of
11 a low water crossing (as defined by the Secretary)
12 with a bridge; and’’;
13 (3) in subsection (d)—
14 (A) in paragraph (1)—
15 (i) in the matter preceding subpara-
16 graph (A), by striking ‘‘reservation’’ and
17 inserting ‘‘set aside’’; and
18 (ii) in subparagraph (A)—
19 (I) in the matter preceding clause
20 (i), by striking ‘‘the percentage speci-
21 fied in paragraph (6) for a fiscal year’’
22 and inserting ‘‘55 percent for each of
23 fiscal years 2022 through 2026’’; and
24 (II) by striking clauses (ii) and
25 (iii) and inserting the following:
† HR 3684 EAS
77
1 ‘‘(ii) in urbanized areas of the State
2 with an urbanized area population of not
3 less than 50,000 and not more than
4 200,000;
5 ‘‘(iii) in urban areas of the State with
6 a population not less than 5,000 and not
7 more than 49,999; and
8 ‘‘(iv) in other areas of the State with
9 a population less than 5,000; and’’;
10 (B) by striking paragraph (3) and inserting
11 the following:
12 ‘‘(3) LOCAL CONSULTATION.—
† HR 3684 EAS
78
1 ‘‘(B) CONSULTATION WITH REGIONAL
† HR 3684 EAS
79
1 graphs (1)(A) and (10) of subsection (b) for
2 off-system bridges, projects and activities
3 described in subsection (b)(1)(A) for the re-
4 placement of low water crossings with
5 bridges, and projects and activities de-
6 scribed in subsection (b)(10) for low water
7 crossings (as defined by the Secretary),’’;
8 and
9 (ii) by striking ‘‘15 percent’’ and in-
10 serting ‘‘20 percent’’; and
11 (C) in paragraph (3), in the matter pre-
12 ceding subparagraph (A)—
13 (i) by striking ‘‘bridge or rehabilita-
14 tion of a bridge’’ and inserting ‘‘bridge, re-
15 habilitation of a bridge, or replacement of a
16 low water crossing (as defined by the Sec-
17 retary) with a bridge’’; and
18 (ii) by inserting ‘‘or, in the case of a
19 replacement of a low water crossing with a
20 bridge, is determined by the Secretary on
21 completion to have improved the safety of
22 the location’’ after ‘‘no longer a deficient
23 bridge’’;
24 (6) in subsection (g)—
† HR 3684 EAS
80
1 (A) in the subsection heading, by striking
2 ‘‘LESS THAN 5,000’’ and inserting ‘‘LESS THAN
3 50,000’’; and
4 (B) by striking paragraph (1) and inserting
5 the following:
6 ‘‘(1) IN GENERAL.—Notwithstanding subsection
7 (c), and except as provided in paragraph (2), up to
8 15 percent of the amounts required to be obligated by
9 a State under clauses (iii) and (iv) of subsection
10 (d)(1)(A) for each fiscal year may be obligated on—
11 ‘‘(A) roads functionally classified as rural
12 minor collectors or local roads; or
13 ‘‘(B) on critical rural freight corridors des-
14 ignated under section 167(e).’’; and
15 (7) by adding at the end the following:
16 ‘‘(j) RURAL BARGE LANDING, DOCK, AND WATER-
17 FRONT INFRASTRUCTURE PROJECTS.—
18 ‘‘(1) IN GENERAL.—A State may use not more
19 than 5 percent of the funds apportioned to the State
20 under section 104(b)(2) for eligible rural barge land-
21 ing, dock, and waterfront infrastructure projects de-
22 scribed in paragraph (2).
23 ‘‘(2) ELIGIBLE PROJECTS.—An eligible rural
24 barge landing, dock, or waterfront infrastructure
25 project referred to in paragraph (1) is a project for
† HR 3684 EAS
81
1 the planning, designing, engineering, or construction
2 of a barge landing, dock, or other waterfront infra-
3 structure in a rural community or a Native village
4 (as defined in section 3 of the Alaska Native Claims
5 Settlement Act (43 U.S.C. 1602)) that is off the road
6 system.
7 ‘‘(k) PROJECTS IN RURAL AREAS.—
8 ‘‘(1) SET ASIDE.—Notwithstanding subsection
9 (c), in addition to the activities described in sub-
10 sections (b) and (g), of the amounts apportioned to a
11 State for each fiscal year to carry out this section, not
12 more than 15 percent may be—
13 ‘‘(A) used on eligible projects under sub-
14 section (b) or maintenance activities on roads
15 functionally classified as rural minor collectors
16 or local roads, ice roads, or seasonal roads; or
17 ‘‘(B) transferred to—
18 ‘‘(i) the Appalachian Highway System
19 Program under 14501 of title 40; or
20 ‘‘(ii) the Denali access system program
21 under section 309 of the Denali Commission
22 Act of 1998 (42 U.S.C. 3121 note; Public
23 Law 105–277).
24 ‘‘(2) SAVINGS CLAUSE.—Amounts allocated
25 under subsection (d) shall not be used to carry out
† HR 3684 EAS
82
1 this subsection, except at the request of the applicable
2 metropolitan planning organization.’’.
3 (b) SET-ASIDE.—
4 (1) IN GENERAL.—Section 133(h) of title 23,
5 United States Code, is amended—
6 (A) in paragraph (1)—
7 (i) in the heading, by striking ‘‘RES-
8 ERVATION OF FUNDS’’ and inserting ‘‘IN
9 GENERAL’’; and
10 (ii) in the matter preceding subpara-
11 graph (A), by striking ‘‘for each fiscal year’’
12 and all that follows through ‘‘and’’ at the
13 end of subparagraph (A)(ii) and inserting
14 the following: ‘‘for fiscal year 2022 and each
15 fiscal year thereafter—
16 ‘‘(A) the Secretary shall set aside an
17 amount equal to 10 percent to carry out this
18 subsection; and’’;
19 (B) by striking paragraph (2) and inserting
20 the following:
21 ‘‘(2) ALLOCATION WITHIN A STATE.—
† HR 3684 EAS
83
1 (d), except that, for purposes of this paragraph
2 (after funds are made available under paragraph
3 (5))—
4 ‘‘(i) for fiscal year 2022 and each fis-
5 cal year thereafter, the percentage referred
6 to in paragraph (1)(A) of that subsection
7 shall be deemed to be 59 percent; and
8 ‘‘(ii) paragraph (3) of subsection (d)
9 shall not apply.
10 ‘‘(B) LOCAL CONTROL.—A State may allo-
11 cate up to 100 percent of the funds referred to in
12 subparagraph (A)(i) if—
13 ‘‘(i) the State submits to the Secretary
14 a plan that describes—
15 ‘‘(I) how funds will be allocated to
16 counties, metropolitan planning orga-
17 nizations, regional transportation
18 planning organizations as described in
19 section 135(m), or local governments;
20 ‘‘(II) how the entities described in
21 subclause (I) will carry out a competi-
22 tive process to select projects for fund-
23 ing and report selected projects to the
24 State;
† HR 3684 EAS
84
1 ‘‘(III) the legal, financial, and
2 technical capacity of the entities de-
3 scribed in subclause (I);
4 ‘‘(IV) how input was gathered
5 from the entities described in subclause
6 (I) to ensure those entities will be able
7 to comply with the requirements of this
8 subsection; and
9 ‘‘(V) how the State will comply
10 with paragraph (8); and
11 ‘‘(ii) the Secretary approves the plan
12 submitted under clause (i).’’;
13 (C) by striking paragraph (3) and inserting
14 the following:
15 ‘‘(3) ELIGIBLE PROJECTS.—Funds set aside
16 under this subsection may be obligated for—
17 ‘‘(A) projects or activities described in sec-
18 tion 101(a)(29) or 213, as those provisions were
19 in effect on the day before the date of enactment
20 of the FAST Act (Public Law 114–94; 129 Stat.
21 1312);
22 ‘‘(B) projects and activities under the safe
23 routes to school program under section 208; and
† HR 3684 EAS
85
1 ‘‘(C) activities in furtherance of a vulner-
2 able road user safety assessment (as defined in
3 section 148(a)).’’;
4 (D) in paragraph (4)—
5 (i) by striking subparagraph (A);
6 (ii) by redesignating subparagraph (B)
7 as subparagraph (A);
8 (iii) in subparagraph (A) (as so redes-
9 ignated)—
10 (I) by redesignating clauses (vii)
11 and (viii) as clauses (viii) and (ix), re-
12 spectively;
13 (II) by inserting after clause (vi)
14 the following:
15 ‘‘(vii) a metropolitan planning organi-
16 zation that serves an urbanized area with a
17 population of 200,000 or fewer;’’;
18 (III) in clause (viii) (as so redes-
19 ignated), by striking ‘‘responsible’’ and
20 all that follows through ‘‘programs;
21 and’’ and inserting a semicolon;
22 (IV) in clause (ix) (as so redesig-
23 nated)—
24 (aa) by inserting ‘‘that serves
25 an urbanized area with a popu-
† HR 3684 EAS
86
1 lation of over 200,000’’ after
2 ‘‘metropolitan planning organiza-
3 tion’’; and
4 (bb) by striking the period at
5 the end and inserting ‘‘; and’’;
6 and
7 (V) by adding at the end the fol-
8 lowing:
9 ‘‘(x) a State, at the request of an entity
10 described in clauses (i) through (ix).’’; and
11 (iv) by adding at the end the following:
12 ‘‘(B) COMPETITIVE PROCESS.—A State or
13 metropolitan planning organization required to
14 obligate funds in accordance with paragraph (2)
15 shall develop a competitive process to allow eligi-
16 ble entities to submit projects for funding that
17 achieve the objectives of this subsection.
18 ‘‘(C) SELECTION.—A metropolitan plan-
19 ning organization for an area described in sub-
20 section (d)(1)(A)(i) shall select projects under the
21 competitive process described in subparagraph
22 (B) in consultation with the relevant State.
23 ‘‘(D) PRIORITIZATION.—The competitive
24 process described in subparagraph (B) shall in-
25 clude prioritization of project location and im-
† HR 3684 EAS
87
1 pact in high-need areas as defined by the State,
2 such as low-income, transit-dependent, rural, or
3 other areas.’’;
4 (E) in paragraph (5)(A), by striking ‘‘re-
5 served under this section’’ and inserting ‘‘set
6 aside under this subsection’’;
7 (F) in paragraph (6)—
8 (i) in subparagraph (B), by striking
9 ‘‘reserved’’ and inserting ‘‘set aside’’; and
10 (ii) by adding at the end the following:
11 ‘‘(C) IMPROVING ACCESSIBILITY AND EFFI-
12 CIENCY.—
† HR 3684 EAS
88
1 between the selection of the project and
2 the obligation of funds for the project;
3 and
4 ‘‘(II) funding for 1 or more full-
5 time State employee positions to ad-
6 minister this subsection.
7 ‘‘(ii) USE OF FUNDS.—Amounts used
8 under clause (i) may be expended—
9 ‘‘(I) directly by the State; or
10 ‘‘(II) through contracts with State
11 agencies, private entities, or nonprofit
12 entities.’’;
13 (G) by redesignating paragraph (7) as
14 paragraph (8);
15 (H) by inserting after paragraph (6) the
16 following:
17 ‘‘(7) FEDERAL SHARE.—
† HR 3684 EAS
89
1 ‘‘(B) FLEXIBLE FINANCING.—Subject to sub-
2 paragraph (A), notwithstanding section 120—
3 ‘‘(i) funds made available to carry out
4 section 148 may be credited toward the non-
5 Federal share of the costs of a project under
6 this subsection if the project—
7 ‘‘(I) is an eligible project de-
8 scribed in section 148(e)(1); and
9 ‘‘(II) is consistent with the State
10 strategic highway safety plan (as de-
11 fined in section 148(a));
12 ‘‘(ii) the non-Federal share for a
13 project under this subsection may be cal-
14 culated on a project, multiple-project, or
15 program basis; and
16 ‘‘(iii) the Federal share of the cost of
17 an individual project in this section may be
18 up to 100 percent.
19 ‘‘(C) REQUIREMENT.—Subparagraph (B)
20 shall only apply to a State if the State has ade-
21 quate financial controls, as certified by the Sec-
22 retary, to account for the average annual non-
23 Federal share under this paragraph.’’; and
24 (I) in subparagraph (A) of paragraph (8)
25 (as so redesignated)—
† HR 3684 EAS
90
1 (i) in the matter preceding clause (i),
2 by striking ‘‘describes’’ and inserting ‘‘in-
3 cludes’’; and
4 (ii) by striking clause (ii) and insert-
5 ing the following:
6 ‘‘(ii) a list of each project selected for
7 funding for each fiscal year, including, for
8 each project—
9 ‘‘(I) the fiscal year during which
10 the project was selected;
11 ‘‘(II) the fiscal year in which the
12 project is anticipated to be funded;
13 ‘‘(III) the recipient;
14 ‘‘(IV) the location, including the
15 congressional district;
16 ‘‘(V) the type;
17 ‘‘(VI) the cost; and
18 ‘‘(VII) a brief description.’’.
19 (2) STATE TRANSFERABILITY.—Section 126(b)(2)
20 of title 23, United States Code, is amended—
21 (A) by striking the period at the end and
22 inserting ‘‘; and’’;
23 (B) by striking ‘‘reserved for a State under
24 section 133(h) for a fiscal year may’’ and insert-
† HR 3684 EAS
91
1 ing the following: ‘‘set aside for a State under
2 section 133(h) for a fiscal year—
3 ‘‘(A) may’’; and
4 (C) by adding at the end the following:
5 ‘‘(B) may only be transferred if the Sec-
6 retary certifies that the State—
7 ‘‘(i) held a competition in compliance
8 with the guidance issued to carry out sec-
9 tion 133(h) and provided sufficient time for
10 applicants to apply;
11 ‘‘(ii) offered to each eligible entity, and
12 provided on request of an eligible entity,
13 technical assistance; and
14 ‘‘(iii) demonstrates that there were not
15 sufficiently suitable applications from eligi-
16 ble entities to use the funds to be trans-
17 ferred.’’.
18 SEC. 11110. NATIONALLY SIGNIFICANT FREIGHT AND HIGH-
19 WAY PROJECTS.
† HR 3684 EAS
92
1 (A) in subparagraph (A), by inserting ‘‘in
2 and across rural and urban areas’’ after ‘‘peo-
3 ple’’;
4 (B) in subparagraph (C), by inserting ‘‘or
5 freight’’ after ‘‘highway’’;
6 (C) in subparagraph (E), by inserting ‘‘or
7 freight’’ after ‘‘highway’’; and
8 (D) in subparagraph (F), by inserting ‘‘,
9 including highways that support movement of
10 energy equipment’’ after ‘‘security’’;
11 (3) in subsection (b), by adding at the end the
12 following:
13 ‘‘(3) GRANT ADMINISTRATION.—The Secretary
14 may—
15 ‘‘(A) retain not more than a total of 2 per-
16 cent of the funds made available to carry out
17 this section for the National Surface Transpor-
18 tation and Innovative Finance Bureau to review
19 applications for grants under this section; and
20 ‘‘(B) transfer portions of the funds retained
21 under subparagraph (A) to the relevant Admin-
22 istrators to fund the award and oversight of
23 grants provided under this section.’’;
24 (4) in subsection (c)(1)—
† HR 3684 EAS
93
1 (A) by redesignating subparagraph (H) as
2 subparagraph (I); and
3 (B) by inserting after subparagraph (G) the
4 following:
5 ‘‘(H) A multistate corridor organization.’’;
6 (5) in subsection (d)—
7 (A) in paragraph (1)(A)—
8 (i) in clause (iii)(II), by striking ‘‘or’’
9 at the end;
10 (ii) in clause (iv), by striking ‘‘and’’ at
11 the end; and
12 (iii) by adding at the end the fol-
13 lowing:
14 ‘‘(v) a wildlife crossing project;
15 ‘‘(vi) a surface transportation infra-
16 structure project that—
17 ‘‘(I) is located within the bound-
18 aries of or functionally connected to an
19 international border crossing area in
20 the United States;
21 ‘‘(II) improves a transportation
22 facility owned by a Federal, State, or
23 local government entity; and
† HR 3684 EAS
94
1 ‘‘(III) increases throughput effi-
2 ciency of the border crossing described
3 in subclause (I), including—
4 ‘‘(aa) a project to add lanes;
5 ‘‘(bb) a project to add tech-
6 nology; and
7 ‘‘(cc) other surface transpor-
8 tation improvements;
9 ‘‘(vii) a project for a marine highway
10 corridor designated by the Secretary under
11 section 55601(c) of title 46 (including an
12 inland waterway corridor), if the Secretary
13 determines that the project—
14 ‘‘(I) is functionally connected to
15 the National Highway Freight Net-
16 work; and
17 ‘‘(II) is likely to reduce on-road
18 mobile source emissions; or
19 ‘‘(viii) a highway, bridge, or freight
20 project carried out on the National
21 Multimodal Freight Network established
22 under section 70103 of title 49; and’’; and
23 (B) in paragraph (2)(A), in the matter pre-
24 ceding clause (i)—
† HR 3684 EAS
95
1 (i) by striking ‘‘$600,000,000’’ and in-
2 serting ‘‘30 percent’’; and
3 (ii) by striking ‘‘fiscal years 2016
4 through 2020, in the aggregate,’’ and insert-
5 ing ‘‘each of fiscal years 2022 through
6 2026’’;
7 (6) in subsection (e)—
8 (A) in paragraph (1), by striking ‘‘10 per-
9 cent’’ and inserting ‘‘not less than 15 percent’’;
10 (B) in paragraph (3)—
11 (i) in subparagraph (A), by striking
12 ‘‘and’’ at the end;
13 (ii) in subparagraph (B), by striking
14 the period at the end and inserting ‘‘; and’’;
15 and
16 (iii) by adding at the end the fol-
17 lowing:
18 ‘‘(C) the effect of the proposed project on
19 safety on freight corridors with significant haz-
20 ards, such as high winds, heavy snowfall, flood-
21 ing, rockslides, mudslides, wildfire, wildlife cross-
22 ing onto the roadway, or steep grades.’’; and
23 (C) by adding at the end the following:
24 ‘‘(4) REQUIREMENT.—Of the amounts reserved
25 under paragraph (1), not less than 30 percent shall
† HR 3684 EAS
96
1 be used for projects in rural areas (as defined in sub-
2 section (i)(3)).’’;
3 (7) in subsection (f)(2), by inserting ‘‘(including
4 a project to replace or rehabilitate a culvert, or to re-
5 duce stormwater runoff for the purpose of improving
6 habitat for aquatic species)’’ after ‘‘environmental
7 mitigation’’;
8 (8) in subsection (h)—
9 (A) in paragraph (2), by striking ‘‘and’’ at
10 the end;
11 (B) in paragraph (3), by striking the period
12 at the end and inserting a semicolon; and
13 (C) by adding at the end the following:
14 ‘‘(4) enhancement of freight resilience to natural
15 hazards or disasters, including high winds, heavy
16 snowfall, flooding, rockslides, mudslides, wildfire,
17 wildlife crossing onto the roadway, or steep grades;
18 ‘‘(5) whether the project will improve the shared
19 transportation corridor of a multistate corridor orga-
20 nization, if applicable; and
21 ‘‘(6) prioritizing projects located in States in
22 which neither the State nor an eligible entity in that
23 State has been awarded a grant under this section.’’;
† HR 3684 EAS
97
1 (9) in subsection (i)(2), by striking ‘‘other grants
2 under this section’’ and inserting ‘‘grants under sub-
3 section (e)’’;
4 (10) in subsection (j)—
5 (A) by striking the subsection designation
6 and heading and all that follows through ‘‘The
7 Federal share’’ in paragraph (1) and inserting
8 the following:
9 ‘‘(j) FEDERAL ASSISTANCE.—
10 ‘‘(1) FEDERAL SHARE.—
† HR 3684 EAS
98
1 (ii) by striking ‘‘except that the total
2 Federal’’ and inserting the following: ‘‘ex-
3 cept that—
4 ‘‘(A) for a State with a population density
5 of not more than 80 persons per square mile of
6 land area, based on the 2010 census, the max-
7 imum share of the total Federal assistance pro-
8 vided for a project receiving a grant under this
9 section shall be the applicable share under sec-
10 tion 120(b); and
11 ‘‘(B) for a State not described in subpara-
12 graph (A), the total Federal’’;
13 (11) by redesignating subsections (k) through (n)
14 as subsections (l), (m), (n), and (p), respectively;
15 (12) by inserting after subsection (j) the fol-
16 lowing:
17 ‘‘(k) EFFICIENT USE OF NON-FEDERAL FUNDS.—
18 ‘‘(1) IN GENERAL.—Notwithstanding any other
19 provision of law and subject to approval by the Sec-
20 retary under paragraph (2)(B), in the case of any
21 grant for a project under this section, during the pe-
22 riod beginning on the date on which the grant recipi-
23 ent is selected and ending on the date on which the
24 grant agreement is signed—
† HR 3684 EAS
99
1 ‘‘(A) the grant recipient may obligate and
2 expend non-Federal funds with respect to the
3 project for which the grant is provided; and
4 ‘‘(B) any non-Federal funds obligated or ex-
5 pended in accordance with subparagraph (A)
6 shall be credited toward the non-Federal cost
7 share for the project for which the grant is pro-
8 vided.
9 ‘‘(2) REQUIREMENTS.—
10 ‘‘(A) APPLICATION.—In order to obligate
11 and expend non-Federal funds under paragraph
12 (1), the grant recipient shall submit to the Sec-
13 retary a request to obligate and expend non-Fed-
14 eral funds under that paragraph, including—
15 ‘‘(i) a description of the activities the
16 grant recipient intends to fund;
17 ‘‘(ii) a justification for advancing the
18 activities described in clause (i), including
19 an assessment of the effects to the project
20 scope, schedule, and budget if the request is
21 not approved; and
22 ‘‘(iii) the level of risk of the activities
23 described in clause (i).
† HR 3684 EAS
100
1 ‘‘(B) APPROVAL.—The Secretary shall ap-
2 prove or disapprove each request submitted
3 under subparagraph (A).
4 ‘‘(C) COMPLIANCE WITH APPLICABLE RE-
† HR 3684 EAS
101
1 ‘‘(1) IN GENERAL.—Not later than 60 days be-
2 fore the date on which a grant is provided for a
3 project under this section, the Secretary shall submit
4 to the Committees on Commerce, Science, and Trans-
5 portation and Environment and Public Works of the
6 Senate and the Committee on Transportation and In-
7 frastructure of the House of Representatives a report
8 describing the proposed grant, including—
9 ‘‘(A) an evaluation and justification for the
10 applicable project; and
11 ‘‘(B) a description of the amount of the pro-
12 posed grant award.’’;
13 (14) by inserting after subsection (n) (as so re-
14 designated) the following:
15 ‘‘(o) APPLICANT NOTIFICATION.—
16 ‘‘(1) IN GENERAL.—Not later than 60 days after
17 the date on which a grant recipient for a project
18 under this section is selected, the Secretary shall pro-
19 vide to each eligible applicant not selected for that
20 grant a written notification that the eligible appli-
21 cant was not selected.
22 ‘‘(2) INCLUSION.—A written notification under
23 paragraph (1) shall include an offer for a written or
24 telephonic debrief by the Secretary that will pro-
25 vide—
† HR 3684 EAS
102
1 ‘‘(A) detail on the evaluation of the applica-
2 tion of the eligible applicant; and
3 ‘‘(B) an explanation of and guidance on the
4 reasons the application was not selected for a
5 grant under this section.
6 ‘‘(3) RESPONSE.—
7 ‘‘(A) IN GENERAL.—Not later than 30 days
8 after the eligible applicant receives a written no-
9 tification under paragraph (1), if the eligible ap-
10 plicant opts to receive a debrief described in
11 paragraph (2), the eligible applicant shall notify
12 the Secretary that the eligible applicant is re-
13 questing a debrief.
14 ‘‘(B) DEBRIEF.—If the eligible applicant
15 submits a request for a debrief under subpara-
16 graph (A), the Secretary shall provide the debrief
17 by not later than 60 days after the date on which
18 the Secretary receives the request for a debrief.’’;
19 and
20 (15) by striking subsection (p) (as so redesig-
21 nated) and inserting the following:
22 ‘‘(p) REPORTS.—
23 ‘‘(1) ANNUAL REPORT.—
† HR 3684 EAS
103
1 after the date on which the Secretary selects a
2 project for funding under this section, the Sec-
3 retary shall submit to the Committee on Envi-
4 ronment and Public Works of the Senate and the
5 Committee on Transportation and Infrastructure
6 of the House of Representatives a report that de-
7 scribes the reasons for selecting the project, based
8 on any criteria established by the Secretary in
9 accordance with this section.
10 ‘‘(B) INCLUSIONS.—The report submitted
11 under subparagraph (A) shall specify each cri-
12 terion established by the Secretary that the
13 project meets.
14 ‘‘(C) AVAILABILITY.—The Secretary shall
15 make available on the website of the Department
16 of Transportation the report submitted under
17 subparagraph (A).
18 ‘‘(D) APPLICABILITY.—This paragraph ap-
19 plies to all projects described in subparagraph
20 (A) that the Secretary selects on or after October
21 1, 2021.
22 ‘‘(2) COMPTROLLER GENERAL.—
† HR 3684 EAS
104
1 and justification process with respect to the
2 funding of projects under this section.
3 ‘‘(B) REPORT.—Not later than 1 year after
4 the date of enactment of the Surface Transpor-
5 tation Reauthorization Act of 2021 and annually
6 thereafter, the Comptroller General of the United
7 States shall submit to the Committee on Envi-
8 ronment and Public Works of the Senate and the
9 Committee on Transportation and Infrastructure
10 of the House of Representatives a report that de-
11 scribes, for each project selected to receive fund-
12 ing under this section—
13 ‘‘(i) the process by which each project
14 was selected;
15 ‘‘(ii) the factors that went into the se-
16 lection of each project; and
17 ‘‘(iii) the justification for the selection
18 of each project based on any criteria estab-
19 lished by the Secretary in accordance with
20 this section.
21 ‘‘(3) INSPECTOR GENERAL.—Not later than 1
22 year after the date of enactment of the Surface Trans-
23 portation Reauthorization Act of 2021 and annually
24 thereafter, the Inspector General of the Department of
25 Transportation shall—
† HR 3684 EAS
105
1 ‘‘(A) conduct an assessment of the establish-
2 ment, solicitation, selection, and justification
3 process with respect to the funding of projects
4 under this section; and
5 ‘‘(B) submit to the Committee on Environ-
6 ment and Public Works of the Senate and the
7 Committee on Transportation and Infrastructure
8 of the House of Representatives a final report
9 that describes the findings of the Inspector Gen-
10 eral of the Department of Transportation with
11 respect to the assessment conducted under sub-
12 paragraph (A).
13 ‘‘(q) STATE INCENTIVES PILOT PROGRAM.—
14 ‘‘(1) ESTABLISHMENT.—There is established a
15 pilot program to award grants to eligible applicants
16 for projects eligible for grants under this section (re-
17 ferred to in this subsection as the ‘pilot program’).
18 ‘‘(2) PRIORITY.—In awarding grants under the
19 pilot program, the Secretary shall give priority to an
20 application that offers a greater non-Federal share of
21 the cost of a project relative to other applications
22 under the pilot program.
23 ‘‘(3) FEDERAL SHARE.—
† HR 3684 EAS
106
1 cost of a project assisted with a grant under the
2 pilot program may not exceed 50 percent.
3 ‘‘(B) NO FEDERAL INVOLVEMENT.—
† HR 3684 EAS
107
1 paragraph (A), the Secretary shall use the unuti-
2 lized amounts to provide other grants under this
3 section.
4 ‘‘(5) SET-ASIDES.—
5 ‘‘(A) SMALL PROJECTS.—
† HR 3684 EAS
108
1 clause (i), the requirements of subsection (i)
2 shall apply.
3 ‘‘(6) REPORT TO CONGRESS.—Not later than 2
4 years after the date of enactment of this subsection,
5 the Secretary shall submit to the Committee on Envi-
6 ronment and Public Works and the Committee on
7 Commerce, Science, and Transportation of the Senate
8 and the Committee on Transportation and Infrastruc-
9 ture of the House of Representatives a report that de-
10 scribes the administration of the pilot program, in-
11 cluding—
12 ‘‘(A) the number, types, and locations of eli-
13 gible applicants that have applied for grants
14 under the pilot program;
15 ‘‘(B) the number, types, and locations of
16 grant recipients under the pilot program;
17 ‘‘(C) an assessment of whether implementa-
18 tion of the pilot program has incentivized eligi-
19 ble applicants to offer a greater non-Federal
20 share for grants under the pilot program; and
21 ‘‘(D) any recommendations for modifica-
22 tions to the pilot program.
23 ‘‘(r) MULTISTATE CORRIDOR ORGANIZATION DE-
24 FINED.—For purposes of this section, the term ‘multistate
25 corridor organization’ means an organization of a group
† HR 3684 EAS
109
1 of States developed through cooperative agreements, coali-
2 tions, or other arrangements to promote regional coopera-
3 tion, planning, and shared project implementation for pro-
4 grams and projects to improve transportation system man-
5 agement and operations for a shared transportation cor-
6 ridor.
7 ‘‘(s) ADDITIONAL AUTHORIZATION OF APPROPRIA-
8 TIONS.—In addition to amounts made available from the
9 Highway Trust Fund, there are authorized to be appro-
10 priated to carry out this section, to remain available for
11 a period of 3 fiscal years following the fiscal year for which
12 the amounts are appropriated—
13 ‘‘(1) $1,000,000,000 for fiscal year 2022;
14 ‘‘(2) $1,100,000,000 for fiscal year 2023;
15 ‘‘(3) $1,200,000,000 for fiscal year 2024;
16 ‘‘(4) $1,300,000,000 for fiscal year 2025; and
17 ‘‘(5) $1,400,000,000 for fiscal year 2026.’’.
18 (b) CLERICAL AMENDMENT.—The analysis for chapter
19 1 of title 23, United States Code, is amended by striking
20 the item relating to section 117 and inserting the following:
‘‘117. Nationally significant multimodal freight and highway projects.’’.
† HR 3684 EAS
110
1 States Code, shall apply to the grant as if the grant
2 was a grant provided under that section.
3 (2) GRANT DESCRIBED.—A grant referred to in
4 paragraph (1) is a grant that is—
5 (A) provided under a competitive discre-
6 tionary grant program administered by the Fed-
7 eral Highway Administration;
8 (B) for a project eligible under title 23,
9 United States Code; and
10 (C) in an amount greater than $5,000,000.
11 SEC. 11111. HIGHWAY SAFETY IMPROVEMENT PROGRAM.
† HR 3684 EAS
111
1 ‘‘(viii) Construction or installation of
2 features, measures, and road designs to
3 calm traffic and reduce vehicle speeds.’’;
4 (iv) by striking clause (xxvi) and in-
5 serting the following:
6 ‘‘(xxvi) Installation or upgrades of
7 traffic control devices for pedestrians and
8 bicyclists, including pedestrian hybrid bea-
9 cons and the addition of bicycle movement
10 phases to traffic signals.’’; and
11 (v) by striking clauses (xxvii) and
12 (xxviii) and inserting the following:
13 ‘‘(xxvii) Roadway improvements that
14 provide separation between pedestrians and
15 motor vehicles or between bicyclists and
16 motor vehicles, including medians, pedes-
17 trian crossing islands, protected bike lanes,
18 and protected intersection features.
19 ‘‘(xxviii) A pedestrian security feature
20 designed to slow or stop a motor vehicle.
21 ‘‘(xxix) A physical infrastructure safe-
22 ty project not described in clauses (i)
23 through (xxviii).’’;
† HR 3684 EAS
112
1 (B) by redesignating paragraphs (9)
2 through (12) as paragraphs (10), (12), (13), and
3 (14), respectively;
4 (C) by inserting after paragraph (8) the fol-
5 lowing:
6 ‘‘(9) SAFE SYSTEM APPROACH.—The term ‘safe
7 system approach’ means a roadway design—
8 ‘‘(A) that emphasizes minimizing the risk of
9 injury or fatality to road users; and
10 ‘‘(B) that—
11 ‘‘(i) takes into consideration the possi-
12 bility and likelihood of human error;
13 ‘‘(ii) accommodates human injury tol-
14 erance by taking into consideration likely
15 accident types, resulting impact forces, and
16 the ability of the human body to withstand
17 impact forces; and
18 ‘‘(iii) takes into consideration vulner-
19 able road users.’’;
20 (D) by inserting after paragraph (10) (as so
21 redesignated) the following:
22 ‘‘(11) SPECIFIED SAFETY PROJECT.—
† HR 3684 EAS
113
1 title that is consistent with the State strategic
2 highway safety plan.
3 ‘‘(B) INCLUSION.—The term ‘specified safe-
4 ty project’ includes a project that—
5 ‘‘(i) promotes public awareness and in-
6 forms the public regarding highway safety
7 matters (including safety for motorcyclists,
8 bicyclists, pedestrians, individuals with dis-
9 abilities, and other road users);
10 ‘‘(ii) facilitates enforcement of traffic
11 safety laws;
12 ‘‘(iii) provides infrastructure and in-
13 frastructure-related equipment to support
14 emergency services;
15 ‘‘(iv) conducts safety-related research to
16 evaluate experimental safety counter-
17 measures or equipment; or
18 ‘‘(v) supports safe routes to school non-
19 infrastructure-related activities described in
20 section 208(g)(2).’’;
21 (E) in paragraph (13) (as so redesig-
22 nated)—
23 (i) by redesignating subparagraphs
24 (G), (H), and (I) as subparagraphs (H),
25 (I), and (J), respectively; and
† HR 3684 EAS
114
1 (ii) by inserting after subparagraph
2 (F) the following;
3 ‘‘(G) includes a vulnerable road user safety
4 assessment;’’; and
5 (F) by adding at the end the following:
6 ‘‘(15) VULNERABLE ROAD USER.—The term ‘vul-
7 nerable road user’ means a nonmotorist—
8 ‘‘(A) with a fatality analysis reporting sys-
9 tem person attribute code that is included in the
10 definition of the term ‘number of non-motorized
11 fatalities’ in section 490.205 of title 23, Code of
12 Federal Regulations (or successor regulations); or
13 ‘‘(B) described in the term ‘number of non-
14 motorized serious injuries’ in that section.
15 ‘‘(16) VULNERABLE ROAD USER SAFETY ASSESS-
† HR 3684 EAS
115
1 (i) in subparagraph (A)(vi), by insert-
2 ing ‘‘and to differentiate the safety data for
3 vulnerable road users, including bicyclists,
4 motorcyclists, and pedestrians, from other
5 road users’’ after ‘‘crashes’’;
6 (ii) in subparagraph (B)(i), by strik-
7 ing ‘‘(including motorcyclists), bicyclists,
8 pedestrians,’’ and inserting ‘‘, vulnerable
9 road users (including motorcyclists,
10 bicyclists, pedestrians),’’; and
11 (iii) in subparagraph (D)—
12 (I) in clause (iv), by striking
13 ‘‘and’’ at the end;
14 (II) in clause (v), by striking the
15 semicolon at the end and inserting ‘‘;
16 and’’; and
17 (III) by adding at the end the fol-
18 lowing:
19 ‘‘(vi) improves the ability of the State
20 to differentiate the fatalities and serious in-
21 juries of vulnerable road users, including
22 bicyclists, motorcyclists, and pedestrians,
23 from other road users;’’;
24 (3) in subsection (d)(2)(B)(i), by striking ‘‘sub-
25 section (a)(11)’’ and inserting ‘‘subsection (a)(13)’’;
† HR 3684 EAS
116
1 (4) in subsection (e), by adding at the end the
2 following:
3 ‘‘(3) FLEXIBLE FUNDING FOR SPECIFIED SAFETY
4 PROJECTS.—
† HR 3684 EAS
117
1 safety project that is a noninfrastructure
2 project.’’;
3 (5) in subsection (g), by adding at the end the
4 following:
5 ‘‘(3) VULNERABLE ROAD USER SAFETY.—If the
6 total annual fatalities of vulnerable road users in a
7 State represents not less than 15 percent of the total
8 annual crash fatalities in the State, that State shall
9 be required to obligate not less than 15 percent of the
10 amounts apportioned to the State under section
11 104(b)(3) for the following fiscal year for highway
12 safety improvement projects to address the safety of
13 vulnerable road users.’’; and
14 (6) by adding at the end the following:
15 ‘‘(l) VULNERABLE ROAD USER SAFETY ASSESS-
16 MENT.—
† HR 3684 EAS
118
1 ‘‘(i) includes data such as location,
2 roadway functional classification, design
3 speed, speed limit, and time of day;
4 ‘‘(ii) considers the demographics of the
5 locations of fatalities and serious injuries,
6 including race, ethnicity, income, and age;
7 and
8 ‘‘(iii) based on the data, identifies
9 areas as ‘high-risk’ to vulnerable road users;
10 and
11 ‘‘(B) a program of projects or strategies to
12 reduce safety risks to vulnerable road users in
13 areas identified as high-risk under subparagraph
14 (A)(iii).
15 ‘‘(3) USE OF DATA.—In carrying out a vulner-
16 able road user safety assessment under paragraph (1),
17 a State shall use data from the most recent 5-year pe-
18 riod for which data is available.
19 ‘‘(4) REQUIREMENTS.—In carrying out a vulner-
20 able road user safety assessment under paragraph (1),
21 a State shall—
22 ‘‘(A) take into consideration a safe system
23 approach; and
24 ‘‘(B) consult with local governments, metro-
25 politan planning organizations, and regional
† HR 3684 EAS
119
1 transportation planning organizations that rep-
2 resent a high-risk area identified under para-
3 graph (2)(A)(iii).
4 ‘‘(5) UPDATE.—A State shall update the vulner-
5 able road user safety assessment of the State in ac-
6 cordance with the updates required to the State stra-
7 tegic highway safety plan under subsection (d).
8 ‘‘(6) REQUIREMENT FOR TRANSPORTATION SYS-
† HR 3684 EAS
120
1 (2) PUBLICATION OF REPORT.—Not later than 2
2 years after the date of enactment of this Act, the Sec-
3 retary shall publish on the website of the Department
4 of Transportation an update to the report described
5 in section 1112(b)(2) of MAP–21 (23 U.S.C. 148 note;
6 Public Law 112–141).
7 (3) BEST PRACTICES MANUAL.—Not later than
8 180 days after the date on which the report is pub-
9 lished under paragraph (2), the Secretary shall up-
10 date the best practices manual described in section
11 1112(b)(3) of MAP–21 (23 U.S.C. 148 note; Public
12 Law 112–141).
13 SEC. 11112. FEDERAL LANDS TRANSPORTATION PROGRAM.
† HR 3684 EAS
121
1 ‘‘(B) designs that minimize runoff and heat
2 generation.’’.
3 SEC. 11113. FEDERAL LANDS ACCESS PROGRAM.
† HR 3684 EAS
122
1 ‘‘(vi) contextual wayfinding markers;
2 ‘‘(vii) landscaping;
3 ‘‘(viii) cooperative mitigation of visual
4 blight, including screening or removal;
5 and’’; and
6 (2) by adding at the end the following:
7 ‘‘(6) NATIVE PLANT MATERIALS.—In carrying
8 out an activity described in paragraph (1), the Sec-
9 retary shall ensure that the entity carrying out the
10 activity considers, to the maximum extent prac-
11 ticable—
12 ‘‘(A) the use of locally adapted native plant
13 materials; and
14 ‘‘(B) designs that minimize runoff and heat
15 generation.’’.
16 SEC. 11114. NATIONAL HIGHWAY FREIGHT PROGRAM.
† HR 3684 EAS
123
1 on the 2010 census, may designate as critical rural
2 freight corridors a maximum of 600 miles of highway
3 or 25 percent of the primary highway freight system
4 mileage in the State, whichever is greater.’’;
5 (2) in subsection (f)(4), by striking ‘‘75 miles’’
6 and inserting ‘‘150 miles’’; and
7 (3) in subsection (i)(5)(B)—
8 (A) in the matter preceding clause (i), by
9 striking ‘‘10 percent’’ and inserting ‘‘30 per-
10 cent’’;
11 (B) in clause (i), by striking ‘‘and’’ at the
12 end;
13 (C) in clause (ii), by striking the period at
14 the end and inserting a semicolon; and
15 (D) by adding at the end the following:
16 ‘‘(iii) for the modernization or reha-
17 bilitation of a lock and dam, if the Sec-
18 retary determines that the project—
19 ‘‘(I) is functionally connected to
20 the National Highway Freight Net-
21 work; and
22 ‘‘(II) is likely to reduce on-road
23 mobile source emissions; and
24 ‘‘(iv) on a marine highway corridor,
25 connector, or crossing designated by the Sec-
† HR 3684 EAS
124
1 retary under section 55601(c) of title 46
2 (including an inland waterway corridor,
3 connector, or crossing), if the Secretary de-
4 termines that the project—
5 ‘‘(I) is functionally connected to
6 the National Highway Freight Net-
7 work; and
8 ‘‘(II) is likely to reduce on-road
9 mobile source emissions.’’.
10 SEC. 11115. CONGESTION MITIGATION AND AIR QUALITY IM-
11 PROVEMENT PROGRAM.
† HR 3684 EAS
125
1 (II) by striking clause (i) and in-
2 serting the following:
3 ‘‘(i) verified technologies (as defined in
4 section 791 of the Energy Policy Act of
5 2005 (42 U.S.C. 16131)) for motor vehicles
6 (as defined in section 216 of the Clean Air
7 Act (42 U.S.C. 7550)); or’’; and
8 (III) in clause (ii)(II), by striking
9 ‘‘or’’ at the end; and
10 (ii) in subparagraph (B), by inserting
11 ‘‘replacements or’’ before ‘‘retrofits’’; and
12 (iii) by adding at the end the fol-
13 lowing:
14 ‘‘(C) the purchase of medium- or heavy-duty
15 zero emission vehicles and related charging
16 equipment;’’;
17 (D) in paragraph (9), by striking the pe-
18 riod at the end and inserting a semicolon; and
19 (E) by adding at the end the following:
20 ‘‘(10) if the project is for the modernization or
21 rehabilitation of a lock and dam that—
22 ‘‘(A) is functionally connected to the Fed-
23 eral-aid highway system; and
† HR 3684 EAS
126
1 ‘‘(B) the Secretary determines is likely to
2 contribute to the attainment or maintenance of
3 a national ambient air quality standard; or
4 ‘‘(11) if the project is on a marine highway cor-
5 ridor, connector, or crossing designated by the Sec-
6 retary under section 55601(c) of title 46 (including
7 an inland waterway corridor, connector, or crossing)
8 that—
9 ‘‘(A) is functionally connected to the Fed-
10 eral-aid highway system; and
11 ‘‘(B) the Secretary determines is likely to
12 contribute to the attainment or maintenance of
13 a national ambient air quality standard.’’;
14 (2) in subsection (c), by adding at the end the
15 following:
16 ‘‘(4) LOCKS AND DAMS; MARINE HIGHWAYS.—For
† HR 3684 EAS
127
1 (A) in paragraph (1)(B)—
2 (i) in the subparagraph heading, by
3 inserting ‘‘REPLACEMENT OR’’ before ‘‘RET-
4 ROFIT’’;
† HR 3684 EAS
128
1 ‘‘(3) ASSISTANCE TO METROPOLITAN PLANNING
2 ORGANIZATIONS.—
† HR 3684 EAS
129
1 ‘‘(B) on—
2 ‘‘(i) a system for which CMAQ funding
3 was eligible, made available, obligated, or
4 expended in fiscal year 2012; or
5 ‘‘(ii) a State-supported Amtrak route
6 with a valid cost-sharing agreement under
7 section 209 of the Passenger Rail Invest-
8 ment and Improvement Act of 2008 (49
9 U.S.C. 24101 note; Public Law 110–432)
10 and no current nonattainment areas under
11 subsection (d).
12 ‘‘(2) NO TIME LIMITATION.—Operating assist-
13 ance provided under paragraph (1) shall have no im-
14 posed time limitation if the operating assistance is
15 for—
16 ‘‘(A) a route described in subparagraph (B)
17 of that paragraph; or
18 ‘‘(B) a transit system that is located in—
19 ‘‘(i) a non-urbanized area; or
20 ‘‘(ii) an urbanized area with a popu-
21 lation of 200,000 or fewer.’’.
22 SEC. 11116. ALASKA HIGHWAY.
† HR 3684 EAS
130
1 ‘‘§ 218. Alaska Highway
2 ‘‘(a) Recognizing the benefits that will accrue to the
3 State of Alaska and to the United States from the recon-
4 struction of the Alaska Highway from the Alaskan border
5 at Beaver Creek, Yukon Territory, to Haines Junction in
6 Canada and the Haines Cutoff Highway from Haines
7 Junction in Canada to Haines, Alaska, the Secretary may
8 provide for the necessary reconstruction of the highway
9 using funds awarded through an applicable competitive
10 grant program, if the highway meets all applicable eligi-
11 bility requirements for the program, except for the specific
12 requirements established by the agreement for the Alaska
13 Highway Project between the Government of the United
14 States and the Government of Canada. In addition to the
15 funds described in the previous sentence, notwithstanding
16 any other provision of law and on agreement with the State
17 of Alaska, the Secretary is authorized to expend on such
18 highway or the Alaska Marine Highway System any Fed-
19 eral-aid highway funds apportioned to the State of Alaska
20 under this title at a Federal share of 100 per centum. No
21 expenditures shall be made for the construction of the por-
22 tion of such highways that are in Canada unless an agree-
23 ment is in place between the Government of Canada and
24 the Government of the United States (including an agree-
25 ment in existence on the date of enactment of the Surface
† HR 3684 EAS
131
1 Transportation Reauthorization Act of 2021) that provides,
2 in part, that the Canadian Government—
3 ‘‘(1) will provide, without participation of funds
4 authorized under this title, all necessary right-of-way
5 for the reconstruction of such highways;
6 ‘‘(2) will not impose any highway toll, or permit
7 any such toll to be charged for the use of such high-
8 ways by vehicles or persons;
9 ‘‘(3) will not levy or assess, directly or indi-
10 rectly, any fee, tax, or other charge for the use of such
11 highways by vehicles or persons from the United
12 States that does not apply equally to vehicles or per-
13 sons of Canada;
14 ‘‘(4) will continue to grant reciprocal recognition
15 of vehicle registration and driver’s licenses in accord-
16 ance with agreements between the United States and
17 Canada; and
18 ‘‘(5) will maintain such highways after their
19 completion in proper condition adequately to serve
20 the needs of present and future traffic.
21 ‘‘(b) The survey and construction work undertaken in
22 Canada pursuant to this section shall be under the general
23 supervision of the Secretary.
24 ‘‘(c) For purposes of this section, the term ‘Alaska Ma-
25 rine Highway System’ includes all existing or planned
† HR 3684 EAS
132
1 transportation facilities and equipment in Alaska, includ-
2 ing the lease, purchase, or construction of vessels, terminals,
3 docks, floats, ramps, staging areas, parking lots, bridges
4 and approaches thereto, and necessary roads.
5 ‘‘(d) Notwithstanding any other provision of law, a
6 project assisted under this section in the State of Alaska
7 shall be treated as a project on a Federal-aid highway under
8 chapter 1.’’.
9 SEC. 11117. TOLL ROADS, BRIDGES, TUNNELS, AND FER-
10 RIES.
† HR 3684 EAS
133
1 (2) SUNSET.—The authority provided by para-
2 graph (1) shall terminate on September 30, 2025.
3 SEC. 11118. BRIDGE INVESTMENT PROGRAM.
† HR 3684 EAS
134
1 ‘‘(2) LARGE PROJECT.—The term ‘large project’
2 means an eligible project with total eligible project
3 costs of greater than $100,000,000.
4 ‘‘(3) PROGRAM.—The term ‘program’ means the
5 bridge investment program established by subsection
6 (b)(1).
7 ‘‘(b) ESTABLISHMENT OF BRIDGE INVESTMENT PRO-
8 GRAM.—
† HR 3684 EAS
135
1 ‘‘(I) in poor condition; or
2 ‘‘(II) in fair condition and at risk
3 of falling into poor condition within
4 the next 3 years;
5 ‘‘(iii) the number of bridges that—
6 ‘‘(I) do not meet current geometric
7 design standards; or
8 ‘‘(II) cannot meet the load and
9 traffic requirements typical of the re-
10 gional transportation network; and
11 ‘‘(iv) the total person miles traveled
12 over bridges that—
13 ‘‘(I) do not meet current geometric
14 design standards; or
15 ‘‘(II) cannot meet the load and
16 traffic requirements typical of the re-
17 gional transportation network; and
18 ‘‘(C) to provide financial assistance that
19 leverages and encourages non-Federal contribu-
20 tions from sponsors and stakeholders involved in
21 the planning, design, and construction of eligible
22 projects.
23 ‘‘(c) GRANT AUTHORITY.—
† HR 3684 EAS
136
1 ‘‘(1) IN GENERAL.—In carrying out the pro-
2 gram, the Secretary may award grants, on a competi-
3 tive basis, in accordance with this section.
4 ‘‘(2) GRANT AMOUNTS.—Except as otherwise pro-
5 vided, a grant under the program shall be—
6 ‘‘(A) in the case of a large project, in an
7 amount that is—
8 ‘‘(i) adequate to fully fund the project
9 (in combination with other financial re-
10 sources identified in the application); and
11 ‘‘(ii) not less than $50,000,000; and
12 ‘‘(B) in the case of any other eligible
13 project, in an amount that is—
14 ‘‘(i) adequate to fully fund the project
15 (in combination with other financial re-
16 sources identified in the application); and
17 ‘‘(ii) not less than $2,500,000.
18 ‘‘(3) MAXIMUM AMOUNT.—Except as otherwise
19 provided, for an eligible project receiving assistance
20 under the program, the amount of assistance provided
21 by the Secretary under this section, as a share of eli-
22 gible project costs, shall be—
23 ‘‘(A) in the case of a large project, not more
24 than 50 percent; and
† HR 3684 EAS
137
1 ‘‘(B) in the case of any other eligible
2 project, not more than 80 percent.
3 ‘‘(4) FEDERAL SHARE.—
† HR 3684 EAS
138
1 funds other than Federal funds made available
2 under this section may be used to pay the re-
3 maining share of the cost of a project under the
4 program by a Federal land management agency
5 or a Tribal government or consortium of Tribal
6 governments.
7 ‘‘(5) CONSIDERATIONS.—
8 ‘‘(A) IN GENERAL.—In awarding grants
9 under the program, the Secretary shall con-
10 sider—
11 ‘‘(i) in the case of a large project, the
12 ratings assigned under subsection (g)(5)(A);
13 ‘‘(ii) in the case of an eligible project
14 other than a large project, the quality rat-
15 ing assigned under subsection (f)(3)(A)(ii);
16 ‘‘(iii) the average daily person and
17 freight throughput supported by the eligible
18 project;
19 ‘‘(iv) the number and percentage of
20 bridges within the same State as the eligible
21 project that are in poor condition;
22 ‘‘(v) the extent to which the eligible
23 project demonstrates cost savings by bun-
24 dling multiple bridge projects;
† HR 3684 EAS
139
1 ‘‘(vi) in the case of an eligible project
2 of a Federal land management agency, the
3 extent to which the grant would reduce a
4 Federal liability or Federal infrastructure
5 maintenance backlog;
6 ‘‘(vii) geographic diversity among
7 grant recipients, including the need for a
8 balance between the needs of rural and
9 urban communities; and
10 ‘‘(viii) the extent to which a bridge
11 that would be assisted with a grant—
12 ‘‘(I) is, without that assistance—
13 ‘‘(aa) at risk of falling into
14 or remaining in poor condition;
15 or
16 ‘‘(bb) in fair condition and
17 at risk of falling into poor condi-
18 tion within the next 3 years;
19 ‘‘(II) does not meet current geo-
20 metric design standards based on—
21 ‘‘(aa) the current use of the
22 bridge; or
23 ‘‘(bb) load and traffic re-
24 quirements typical of the regional
† HR 3684 EAS
140
1 corridor or local network in which
2 the bridge is located; or
3 ‘‘(III) does not meet current seis-
4 mic design standards.
5 ‘‘(B) REQUIREMENT.—The Secretary
6 shall—
7 ‘‘(i) give priority to an application for
8 an eligible project that is located within a
9 State for which—
10 ‘‘(I) 2 or more applications for el-
11 igible projects within the State were
12 submitted for the current fiscal year
13 and an average of 2 or more applica-
14 tions for eligible projects within the
15 State were submitted in prior fiscal
16 years of the program; and
17 ‘‘(II) fewer than 2 grants have
18 been awarded for eligible projects with-
19 in the State under the program;
20 ‘‘(ii) during the period of fiscal years
21 2022 through 2026, for each State described
22 in clause (i), select—
23 ‘‘(I) not fewer than 1 large project
24 that the Secretary determines is justi-
† HR 3684 EAS
141
1 fied under the evaluation under sub-
2 section (g)(4); or
3 ‘‘(II) 2 eligible projects that are
4 not large projects that the Secretary
5 determines are justified under the eval-
6 uation under subsection (f)(3); and
7 ‘‘(iii) not be required to award a grant
8 for an eligible project that the Secretary
9 does not determine is justified under an
10 evaluation under subsection (f)(3) or (g)(4).
11 ‘‘(6) CULVERT LIMITATION.—Not more than 5
12 percent of the amounts made available for each fiscal
13 year for grants under the program may be used for
14 eligible projects that consist solely of culvert replace-
15 ment or rehabilitation.
16 ‘‘(d) ELIGIBLE ENTITY.—The Secretary may make a
17 grant under the program to any of the following:
18 ‘‘(1) A State or a group of States.
19 ‘‘(2) A metropolitan planning organization that
20 serves an urbanized area (as designated by the Bu-
21 reau of the Census) with a population of over
22 200,000.
23 ‘‘(3) A unit of local government or a group of
24 local governments.
† HR 3684 EAS
142
1 ‘‘(4) A political subdivision of a State or local
2 government.
3 ‘‘(5) A special purpose district or public author-
4 ity with a transportation function.
5 ‘‘(6) A Federal land management agency.
6 ‘‘(7) A Tribal government or a consortium of
7 Tribal governments.
8 ‘‘(8) A multistate or multijurisdictional group of
9 entities described in paragraphs (1) through (7).
10 ‘‘(e) ELIGIBLE PROJECT REQUIREMENTS.—The Sec-
11 retary may make a grant under the program only to an
12 eligible entity for an eligible project that—
13 ‘‘(1) in the case of a large project, the Secretary
14 recommends for funding in the annual report on
15 funding recommendations under subsection (g)(6), ex-
16 cept as provided in subsection (g)(1)(B);
17 ‘‘(2) is reasonably expected to begin construction
18 not later than 18 months after the date on which
19 funds are obligated for the project; and
20 ‘‘(3) is based on the results of preliminary engi-
21 neering.
22 ‘‘(f) COMPETITIVE PROCESS AND EVALUATION OF ELI-
23 GIBLE PROJECTS OTHER THAN LARGE PROJECTS.—
24 ‘‘(1) COMPETITIVE PROCESS.—
† HR 3684 EAS
143
1 ‘‘(i) for the first fiscal year for which
2 funds are made available for obligation
3 under the program, not later than 60 days
4 after the date on which the template under
5 subparagraph (B)(i) is developed, and in
6 subsequent fiscal years, not later than 60
7 days after the date on which amounts are
8 made available for obligation under the pro-
9 gram, solicit grant applications for eligible
10 projects other than large projects; and
11 ‘‘(ii) not later than 120 days after the
12 date on which the solicitation under clause
13 (i) expires, conduct evaluations under para-
14 graph (3).
15 ‘‘(B) REQUIREMENTS.—In carrying out
16 subparagraph (A), the Secretary shall—
17 ‘‘(i) develop a template for applicants
18 to use to summarize project needs and bene-
19 fits, including benefits described in para-
20 graph (3)(B)(i); and
21 ‘‘(ii) enable applicants to use data
22 from the National Bridge Inventory under
23 section 144(b) to populate templates de-
24 scribed in clause (i), as applicable.
† HR 3684 EAS
144
1 ‘‘(2) APPLICATIONS.—An eligible entity shall
2 submit to the Secretary an application at such time,
3 in such manner, and containing such information as
4 the Secretary may require.
5 ‘‘(3) EVALUATION.—
6 ‘‘(A) IN GENERAL.—Prior to providing a
7 grant under this subsection, the Secretary
8 shall—
9 ‘‘(i) conduct an evaluation of each eli-
10 gible project for which an application is re-
11 ceived under this subsection; and
12 ‘‘(ii) assign a quality rating to the eli-
13 gible project on the basis of the evaluation
14 under clause (i).
15 ‘‘(B) REQUIREMENTS.—In carrying out an
16 evaluation under subparagraph (A), the Sec-
17 retary shall—
18 ‘‘(i) consider information on project
19 benefits submitted by the applicant using
20 the template developed under paragraph
21 (1)(B)(i), including whether the project will
22 generate, as determined by the Secretary—
23 ‘‘(I) costs avoided by the preven-
24 tion of closure or reduced use of the
25 bridge to be improved by the project;
† HR 3684 EAS
145
1 ‘‘(II) in the case of a bundle of
2 projects, benefits from executing the
3 projects as a bundle compared to as in-
4 dividual projects;
5 ‘‘(III) safety benefits, including
6 the reduction of accidents and related
7 costs;
8 ‘‘(IV) person and freight mobility
9 benefits, including congestion reduction
10 and reliability improvements;
11 ‘‘(V) national or regional eco-
12 nomic benefits;
13 ‘‘(VI) benefits from long-term re-
14 siliency to extreme weather events,
15 flooding, or other natural disasters;
16 ‘‘(VII) benefits from protection (as
17 described in section 133(b)(10)), in-
18 cluding improving seismic or scour
19 protection;
20 ‘‘(VIII) environmental benefits,
21 including wildlife connectivity;
22 ‘‘(IX) benefits to nonvehicular and
23 public transportation users;
24 ‘‘(X) benefits of using—
† HR 3684 EAS
146
1 ‘‘(aa) innovative design and
2 construction techniques; or
3 ‘‘(bb) innovative technologies;
4 or
5 ‘‘(XI) reductions in maintenance
6 costs, including, in the case of a feder-
7 ally-owned bridge, cost savings to the
8 Federal budget; and
9 ‘‘(ii) consider whether and the extent to
10 which the benefits, including the benefits de-
11 scribed in clause (i), are more likely than
12 not to outweigh the total project costs.
13 ‘‘(g) COMPETITIVE PROCESS, EVALUATION, AND AN -
14 NUAL REPORT FOR LARGE PROJECTS.—
15 ‘‘(1) IN GENERAL.—
† HR 3684 EAS
147
1 ‘‘(B) FIRST FISCAL YEAR.—Notwith-
† HR 3684 EAS
148
1 retary shall provide a written notice of that deter-
2 mination to—
3 ‘‘(A) the eligible entity that submitted the
4 application;
5 ‘‘(B) the Committee on Environment and
6 Public Works of the Senate; and
7 ‘‘(C) the Committee on Transportation and
8 Infrastructure of the House of Representatives.
9 ‘‘(4) EVALUATION.—The Secretary may rec-
10 ommend a large project for funding in the annual re-
11 port under paragraph (6), or, in the case of the first
12 fiscal year for which funds are made available for ob-
13 ligation for grants under the program, immediately
14 execute a grant agreement for a large project, only if
15 the Secretary evaluates the proposed project and de-
16 termines that the project is justified because the
17 project—
18 ‘‘(A) addresses a need to improve the condi-
19 tion of the bridge, as determined by the Sec-
20 retary, consistent with the goals of the program
21 under subsection (b)(2);
22 ‘‘(B) will generate, as determined by the
23 Secretary—
† HR 3684 EAS
149
1 ‘‘(i) costs avoided by the prevention of
2 closure or reduced use of the bridge to be
3 improved by the project;
4 ‘‘(ii) in the case of a bundle of projects,
5 benefits from executing the projects as a
6 bundle compared to as individual projects;
7 ‘‘(iii) safety benefits, including the re-
8 duction of accidents and related costs;
9 ‘‘(iv) person and freight mobility bene-
10 fits, including congestion reduction and re-
11 liability improvements;
12 ‘‘(v) national or regional economic
13 benefits;
14 ‘‘(vi) benefits from long-term resiliency
15 to extreme weather events, flooding, or other
16 natural disasters;
17 ‘‘(vii) benefits from protection (as de-
18 scribed in section 133(b)(10)), including
19 improving seismic or scour protection;
20 ‘‘(viii) environmental benefits, includ-
21 ing wildlife connectivity;
22 ‘‘(ix) benefits to nonvehicular and pub-
23 lic transportation users;
24 ‘‘(x) benefits of using—
† HR 3684 EAS
150
1 ‘‘(I) innovative design and con-
2 struction techniques; or
3 ‘‘(II) innovative technologies; or
4 ‘‘(xi) reductions in maintenance costs,
5 including, in the case of a federally-owned
6 bridge, cost savings to the Federal budget;
7 ‘‘(C) is cost effective based on an analysis of
8 whether the benefits and avoided costs described
9 in subparagraph (B) are expected to outweigh
10 the project costs;
11 ‘‘(D) is supported by other Federal or non-
12 Federal financial commitments or revenues ade-
13 quate to fund ongoing maintenance and preser-
14 vation; and
15 ‘‘(E) is consistent with the objectives of an
16 applicable asset management plan of the project
17 sponsor, including a State asset management
18 plan under section 119(e) in the case of a project
19 on the National Highway System that is spon-
20 sored by a State.
21 ‘‘(5) RATINGS.—
22 ‘‘(A) IN GENERAL.—The Secretary shall de-
23 velop a methodology to evaluate and rate a large
24 project on a 5-point scale (the points of which
† HR 3684 EAS
151
1 include ‘high’, ‘medium-high’, ‘medium’, ‘me-
2 dium-low’, and ‘low’) for each of—
3 ‘‘(i) paragraph (4)(B);
4 ‘‘(ii) paragraph (4)(C); and
5 ‘‘(iii) paragraph (4)(D).
6 ‘‘(B) REQUIREMENT.—To be considered jus-
7 tified and receive a recommendation for funding
8 in the annual report under paragraph (6), a
9 project shall receive a rating of not less than
10 ‘medium’ for each rating required under sub-
11 paragraph (A).
12 ‘‘(C) INTERIM METHODOLOGY.—In the first
13 fiscal year for which funds are made available
14 for obligation for grants under the program, the
15 Secretary may establish an interim methodology
16 to evaluate and rate a large project for each of—
17 ‘‘(i) paragraph (4)(B);
18 ‘‘(ii) paragraph (4)(C); and
19 ‘‘(iii) paragraph (4)(D).
20 ‘‘(6) ANNUAL REPORT ON FUNDING REC-
† HR 3684 EAS
152
1 the House of Representatives and the Committees
2 on Environment and Public Works and Appro-
3 priations of the Senate a report that includes—
4 ‘‘(i) a list of large projects that have
5 requested a recommendation for funding
6 under a new grant agreement from funds
7 anticipated to be available to carry out this
8 subsection in the next fiscal year;
9 ‘‘(ii) the evaluation under paragraph
10 (4) and ratings under paragraph (5) for
11 each project referred to in clause (i);
12 ‘‘(iii) the grant amounts that the Sec-
13 retary recommends providing to large
14 projects in the next fiscal year, including—
15 ‘‘(I) scheduled payments under
16 previously signed multiyear grant
17 agreements under subsection (j);
18 ‘‘(II) payments for new grant
19 agreements, including single-year
20 grant agreements and multiyear grant
21 agreements; and
22 ‘‘(III) a description of how
23 amounts anticipated to be available for
24 the program from the Highway Trust
† HR 3684 EAS
153
1 Fund for that fiscal year will be dis-
2 tributed; and
3 ‘‘(iv) for each project for which the Sec-
4 retary recommends a new multiyear grant
5 agreement under subsection (j), the proposed
6 payout schedule for the project.
7 ‘‘(B) LIMITATIONS.—
8 ‘‘(i) IN GENERAL.—The Secretary shall
9 not recommend in an annual report under
10 this paragraph a new multiyear grant
11 agreement provided from funds from the
12 Highway Trust Fund unless the Secretary
13 determines that the project can be completed
14 using funds that are anticipated to be
15 available from the Highway Trust Fund in
16 future fiscal years.
17 ‘‘(ii) GENERAL FUND PROJECTS.—The
18 Secretary—
19 ‘‘(I) may recommend for funding
20 in an annual report under this para-
21 graph a large project using funds from
22 the general fund of the Treasury; but
23 ‘‘(II) shall not execute a grant
24 agreement for that project unless—
† HR 3684 EAS
154
1 ‘‘(aa) funds other than from
2 the Highway Trust Fund have
3 been made available for the
4 project; and
5 ‘‘(bb) the Secretary deter-
6 mines that the project can be com-
7 pleted using funds other than
8 from the Highway Trust Fund
9 that are anticipated to be avail-
10 able in future fiscal years.
11 ‘‘(C) CONSIDERATIONS.—In selecting
12 projects to recommend for funding in the annual
13 report under this paragraph, or, in the case of
14 the first fiscal year for which funds are made
15 available for obligation for grants under the pro-
16 gram, projects for immediate execution of a
17 grant agreement, the Secretary shall—
18 ‘‘(i) consider the amount of funds
19 available in future fiscal years for
20 multiyear grant agreements as described in
21 subparagraph (B); and
22 ‘‘(ii) assume the availability of funds
23 in future fiscal years for multiyear grant
24 agreements that extend beyond the period of
25 authorization based on the amount made
† HR 3684 EAS
155
1 available for large projects under the pro-
2 gram in the last fiscal year of the period of
3 authorization.
4 ‘‘(D) PROJECT DIVERSITY.—In selecting
5 projects to recommend for funding in the annual
6 report under this paragraph, the Secretary shall
7 ensure diversity among projects recommended
8 based on—
9 ‘‘(i) the amount of the grant requested;
10 and
11 ‘‘(ii) grants for an eligible project for
12 1 bridge compared to an eligible project that
13 is a bundle of projects.
14 ‘‘(h) ELIGIBLE PROJECT COSTS.—A grant received for
15 an eligible project under the program may be used for—
16 ‘‘(1) development phase activities, including
17 planning, feasibility analysis, revenue forecasting, en-
18 vironmental review, preliminary engineering and de-
19 sign work, and other preconstruction activities;
20 ‘‘(2) construction, reconstruction, rehabilitation,
21 acquisition of real property (including land related to
22 the project and improvements to the land), environ-
23 mental mitigation, construction contingencies, acqui-
24 sition of equipment, and operational improvements
† HR 3684 EAS
156
1 directly related to improving system performance;
2 and
3 ‘‘(3) expenses related to the protection (as de-
4 scribed in section 133(b)(10)) of a bridge, including
5 seismic or scour protection.
6 ‘‘(i) TIFIA PROGRAM.—On the request of an eligible
7 entity carrying out an eligible project, the Secretary may
8 use amounts awarded to the entity to pay subsidy and ad-
9 ministrative costs necessary to provide to the entity Federal
10 credit assistance under chapter 6 with respect to the eligible
11 project for which the grant was awarded.
12 ‘‘(j) MULTIYEAR GRANT AGREEMENTS FOR LARGE
13 PROJECTS.—
14 ‘‘(1) IN GENERAL.—A large project that receives
15 a grant under the program in an amount of not less
16 than $100,000,000 may be carried out through a
17 multiyear grant agreement in accordance with this
18 subsection.
19 ‘‘(2) REQUIREMENTS.—A multiyear grant agree-
20 ment for a large project described in paragraph (1)
21 shall—
22 ‘‘(A) establish the terms of participation by
23 the Federal Government in the project;
24 ‘‘(B) establish the maximum amount of
25 Federal financial assistance for the project in ac-
† HR 3684 EAS
157
1 cordance with paragraphs (3) and (4) of sub-
2 section (c);
3 ‘‘(C) establish a payout schedule for the
4 project that provides for disbursement of the full
5 grant amount by not later than 4 fiscal years
6 after the fiscal year in which the initial amount
7 is provided;
8 ‘‘(D) determine the period of time for com-
9 pleting the project, even if that period extends be-
10 yond the period of an authorization; and
11 ‘‘(E) attempt to improve timely and effi-
12 cient management of the project, consistent with
13 all applicable Federal laws (including regula-
14 tions).
15 ‘‘(3) SPECIAL FINANCIAL RULES.—
† HR 3684 EAS
158
1 ‘‘(B) STATEMENT OF CONTINGENT COMMIT-
6 COSTS.—
† HR 3684 EAS
159
1 fied in the multiyear grant agreement for the
2 project for that fiscal year becomes available for
3 obligation; and
4 ‘‘(B) if the eligible entity uses funds as de-
5 scribed in subparagraph (A), the funds used
6 shall be reimbursed from the amount made avail-
7 able under the multiyear grant agreement for the
8 project.
9 ‘‘(k) UNDERTAKING PARTS OF PROJECTS IN ADVANCE
10 UNDER LETTERS OF NO PREJUDICE.—
11 ‘‘(1) IN GENERAL.—The Secretary may pay to
12 an applicant all eligible project costs under the pro-
13 gram, including costs for an activity for an eligible
14 project incurred prior to the date on which the project
15 receives funding under the program if—
16 ‘‘(A) before the applicant carries out the ac-
17 tivity, the Secretary approves through a letter to
18 the applicant the activity in the same manner as
19 the Secretary approves other activities as eligible
20 under the program;
21 ‘‘(B) a record of decision, a finding of no
22 significant impact, or a categorical exclusion
23 under the National Environmental Policy Act of
24 1969 (42 U.S.C. 4321 et seq.) has been issued for
25 the eligible project; and
† HR 3684 EAS
160
1 ‘‘(C) the activity is carried out without
2 Federal assistance and in accordance with all
3 applicable procedures and requirements.
4 ‘‘(2) INTEREST AND OTHER FINANCING COSTS.—
† HR 3684 EAS
161
1 ‘‘(A) constitute an obligation of the Federal
2 Government; or
3 ‘‘(B) alter or influence any evaluation
4 under subsection (f)(3)(A)(i) or (g)(4) or any
5 recommendation by the Secretary for funding
6 under the program.
7 ‘‘(l) FEDERALLY-OWNED BRIDGES.—
8 ‘‘(1) DIVESTITURE CONSIDERATION.—In the case
9 of a bridge owned by a Federal land management
10 agency for which that agency applies for a grant
11 under the program, the agency—
12 ‘‘(A) shall consider options to divest the
13 bridge to a State or local entity after completion
14 of the project; and
15 ‘‘(B) may apply jointly with the State or
16 local entity to which the bridge may be divested.
17 ‘‘(2) TREATMENT.—Notwithstanding any other
18 provision of law, section 129 shall apply to a bridge
19 that was previously owned by a Federal land man-
20 agement agency and has been transferred to a non-
21 Federal entity under paragraph (1) in the same man-
22 ner as if the bridge was never federally owned.
23 ‘‘(m) TREATMENT OF PROJECTS.—Notwithstanding
24 any other provision of law, a project assisted under this
† HR 3684 EAS
162
1 section shall be treated as a project on a Federal-aid high-
2 way under this chapter.
3 ‘‘(n) CONGRESSIONAL NOTIFICATION.—Not later than
4 30 days before making a grant for an eligible project under
5 the program, the Secretary shall submit to the Committee
6 on Transportation and Infrastructure of the House of Rep-
7 resentatives and the Committee on Environment and Public
8 Works of the Senate a written notification of the proposed
9 grant that includes—
10 ‘‘(1) an evaluation and justification for the eligi-
11 ble project; and
12 ‘‘(2) the amount of the proposed grant.
13 ‘‘(o) REPORTS.—
14 ‘‘(1) ANNUAL REPORT.—Not later than August 1
15 of each fiscal year, the Secretary shall make available
16 on the website of the Department of Transportation
17 an annual report that lists each eligible project for
18 which a grant has been provided under the program
19 during the fiscal year.
20 ‘‘(2) GAO ASSESSMENT AND REPORT.—Not later
21 than 3 years after the date of enactment of the Sur-
22 face Transportation Reauthorization Act of 2021, the
23 Comptroller General of the United States shall—
24 ‘‘(A) conduct an assessment of the adminis-
25 trative establishment, solicitation, selection, and
† HR 3684 EAS
163
1 justification process with respect to the funding
2 of grants under the program; and
3 ‘‘(B) submit to the Committee on Transpor-
4 tation and Infrastructure of the House of Rep-
5 resentatives and the Committee on Environment
6 and Public Works of the Senate a report that de-
7 scribes—
8 ‘‘(i) the adequacy and fairness of the
9 process under which each eligible project
10 that received a grant under the program
11 was selected; and
12 ‘‘(ii) the justification and criteria used
13 for the selection of each eligible project.
14 ‘‘(p) LIMITATION.—
15 ‘‘(1) LARGE PROJECTS.—Of the amounts made
16 available out of the Highway Trust Fund (other than
17 the Mass Transit Account) to carry out this section
18 for each of fiscal years 2022 through 2026, not less
19 than 50 percent, in aggregate, shall be used for large
20 projects.
21 ‘‘(2) UNUTILIZED AMOUNTS.—If, in fiscal year
22 2026, the Secretary determines that grants under the
23 program will not allow for the requirement under
24 paragraph (1) to be met, the Secretary shall use the
† HR 3684 EAS
164
1 unutilized amounts to make other grants under the
2 program during that fiscal year.
3 ‘‘(q) TRIBAL TRANSPORTATION FACILITY BRIDGE SET
4 ASIDE.—
5 ‘‘(1) IN GENERAL.—Of the amounts made avail-
6 able from the Highway Trust Fund (other than the
7 Mass Transit Account) for a fiscal year to carry out
8 this section, the Secretary shall use, to carry out sec-
9 tion 202(d)—
10 ‘‘(A) $16,000,000 for fiscal year 2022;
11 ‘‘(B) $18,000,000 for fiscal year 2023;
12 ‘‘(C) $20,000,000 for fiscal year 2024;
13 ‘‘(D) $22,000,000 for fiscal year 2025; and
14 ‘‘(E) $24,000,000 for fiscal year 2026.
15 ‘‘(2) TREATMENT.—For purposes of section 201,
16 funds made available for section 202(d) under para-
17 graph (1) shall be considered to be part of the tribal
18 transportation program.’’.
19 (b) CLERICAL AMENDMENT.—The analysis for chapter
20 1 of title 23, United States Code, is amended by inserting
21 after the item relating to section 123 the following:
‘‘124. Bridge investment program.’’.
† HR 3684 EAS
167
1 ‘‘(e) ADMINISTRATION OF AMOUNTS.—Amounts appor-
2 tioned to a State under this section shall be administered
3 by the State department of transportation.
4 ‘‘(f) ELIGIBLE RECIPIENTS.—Amounts apportioned to
5 a State under this section shall be used by the State to pro-
6 vide financial assistance to State, local, Tribal, and re-
7 gional agencies, including nonprofit organizations, that
8 demonstrate an ability to meet the requirements of this sec-
9 tion.
10 ‘‘(g) ELIGIBLE PROJECTS AND ACTIVITIES.—
11 ‘‘(1) INFRASTRUCTURE-RELATED PROJECTS.—
† HR 3684 EAS
168
1 may be carried out on any public road or any
2 bicycle or pedestrian pathway or trail in the vi-
3 cinity of schools.
4 ‘‘(2) NONINFRASTRUCTURE-RELATED ACTIVI-
5 TIES.—
† HR 3684 EAS
169
1 full-time position of coordinator of the safe routes to
2 school program of the State.
3 ‘‘(h) CLEARINGHOUSE.—
4 ‘‘(1) IN GENERAL.—The Secretary shall make
5 grants to a national nonprofit organization engaged
6 in promoting safe routes to schools—
7 ‘‘(A) to operate a national safe routes to
8 school clearinghouse;
9 ‘‘(B) to develop information and edu-
10 cational programs on safe routes to school; and
11 ‘‘(C) to provide technical assistance and
12 disseminate techniques and strategies used for
13 successful safe routes to school programs.
14 ‘‘(2) FUNDING.—The Secretary shall carry out
15 this subsection using amounts set aside for adminis-
16 trative expenses under subsection (d)(3).
17 ‘‘(i) TREATMENT OF PROJECTS.—Notwithstanding
18 any other provision of law, a project assisted under this
19 section shall be treated as a project on a Federal-aid high-
20 way under chapter 1.’’.
21 (b) CONFORMING AMENDMENTS.—
22 (1) The analysis for chapter 2 of title 23, United
23 States Code, is amended by inserting after the item
24 relating to section 207 the following:
‘‘208. Safe routes to school.’’.
† HR 3684 EAS
170
1 (2) Section 1404 of SAFETEA–LU (23 U.S.C.
2 402 note; Public Law 109–59) is repealed.
3 (3) The table of contents in section 1(b) of
4 SAFETEA–LU (Public Law 109–59; 119 Stat. 1144)
5 is amended by striking the item relating to section
6 1404.
7 SEC. 11120. HIGHWAY USE TAX EVASION PROJECTS.
12 TERMINAL FACILITIES.
† HR 3684 EAS
171
1 (1) ADMINISTRATOR.—The term ‘‘Adminis-
2 trator’’ means the Secretary, acting through the Ad-
3 ministrator of the Federal Highway Administration.
4 (2) VULNERABLE ROAD USER.—The term ‘‘vul-
5 nerable road user’’ has the meaning given the term in
6 section 148(a) of title 23, United States Code.
7 (b) ESTABLISHMENT OF RESEARCH PLAN.—The Ad-
8 ministrator shall establish a research plan to prioritize re-
9 search on roadway designs, the development of safety coun-
10 termeasures to minimize fatalities and serious injuries to
11 vulnerable road users, and the promotion of bicycling and
12 walking, including research relating to—
13 (1) roadway safety improvements, including
14 traffic calming techniques and vulnerable road user
15 accommodations appropriate in a suburban arterial
16 context;
17 (2) the impacts of traffic speeds, and access to
18 low-traffic stress corridors, on safety and rates of bi-
19 cycling and walking;
20 (3) tools to evaluate the impact of transportation
21 improvements on projected rates and safety of bicy-
22 cling and walking; and
23 (4) other research areas to be determined by the
24 Administrator.
† HR 3684 EAS
172
1 (c) VULNERABLE ROAD USER ASSESSMENTS.—The
2 Administrator shall—
3 (1) review each vulnerable road user safety as-
4 sessment submitted by a State under section 148(l) of
5 title 23, United States Code, and other relevant
6 sources of data to determine what, if any, standard
7 definitions and methods should be developed through
8 guidance to enable a State to collect pedestrian injury
9 and fatality data; and
10 (2) in the first progress update under subsection
11 (d)(2), provide—
12 (A) the results of the determination de-
13 scribed in paragraph (1); and
14 (B) the recommendations of the Secretary
15 with respect to the collection and reporting of
16 data on the safety of vulnerable road users.
17 (d) SUBMISSION; PUBLICATION.—
18 (1) SUBMISSION OF PLAN.—Not later than 180
19 days after the date of enactment of this Act, the Ad-
20 ministrator shall submit to the Committee on Envi-
21 ronment and Public Works of the Senate and the
22 Committee on Transportation and Infrastructure of
23 the House of Representatives the research plan de-
24 scribed in subsection (b).
† HR 3684 EAS
173
1 (2) PROGRESS UPDATES.—Not later than 2
2 years after the date of enactment of this Act, and bi-
3 annually thereafter, the Administrator shall submit to
4 the Committees described in paragraph (1)—
5 (A) updates on the progress and findings of
6 the research conducted pursuant to the plan de-
7 scribed in subsection (b); and
8 (B) in the first submission under this para-
9 graph, the results and recommendations de-
10 scribed in subsection (c)(2).
11 SEC. 11123. WILDLIFE CROSSING SAFETY.
† HR 3684 EAS
174
1 sion Reduction Study’, there are more than 1,000,000
2 wildlife-vehicle collisions every year;
3 ‘‘(2) wildlife-vehicle collisions—
4 ‘‘(A) present a danger to—
5 ‘‘(i) human safety; and
6 ‘‘(ii) wildlife survival; and
7 ‘‘(B) represent a persistent concern that re-
8 sults in tens of thousands of serious injuries and
9 hundreds of fatalities on the roadways of the
10 United States; and
11 ‘‘(3) the total annual cost associated with wild-
12 life-vehicle collisions has been estimated to be
13 $8,388,000,000; and
14 ‘‘(4) wildlife-vehicle collisions are a major threat
15 to the survival of species, including birds, reptiles,
16 mammals, and amphibians.
17 ‘‘(b) ESTABLISHMENT.—The Secretary shall establish
18 a competitive wildlife crossings pilot program (referred to
19 in this section as the ‘pilot program’) to provide grants for
20 projects that seek to achieve—
21 ‘‘(1) a reduction in the number of wildlife-vehicle
22 collisions; and
23 ‘‘(2) in carrying out the purpose described in
24 paragraph (1), improved habitat connectivity for ter-
25 restrial and aquatic species.
† HR 3684 EAS
175
1 ‘‘(c) ELIGIBLE ENTITIES.—An entity eligible to apply
2 for a grant under the pilot program is—
3 ‘‘(1) a State highway agency, or an equivalent
4 of that agency;
5 ‘‘(2) a metropolitan planning organization (as
6 defined in section 134(b));
7 ‘‘(3) a unit of local government;
8 ‘‘(4) a regional transportation authority;
9 ‘‘(5) a special purpose district or public author-
10 ity with a transportation function, including a port
11 authority;
12 ‘‘(6) an Indian tribe (as defined in section
13 207(m)(1)), including a Native village and a Native
14 Corporation (as those terms are defined in section 3
15 of the Alaska Native Claims Settlement Act (43
16 U.S.C. 1602));
17 ‘‘(7) a Federal land management agency; or
18 ‘‘(8) a group of any of the entities described in
19 paragraphs (1) through (7).
20 ‘‘(d) APPLICATIONS.—
21 ‘‘(1) IN GENERAL.—To be eligible to receive a
22 grant under the pilot program, an eligible entity shall
23 submit to the Secretary an application at such time,
24 in such manner, and containing such information as
25 the Secretary may require.
† HR 3684 EAS
176
1 ‘‘(2) REQUIREMENT.—If an application under
2 paragraph (1) is submitted by an eligible entity other
3 than an eligible entity described in paragraph (1) or
4 (7) of subsection (c), the application shall include
5 documentation that the State highway agency, or an
6 equivalent of that agency, of the State in which the
7 eligible entity is located was consulted during the de-
8 velopment of the application.
9 ‘‘(3) GUIDANCE.—To enhance consideration of
10 current and reliable data, eligible entities may obtain
11 guidance from an agency in the State with jurisdic-
12 tion over fish and wildlife.
13 ‘‘(e) CONSIDERATIONS.—In selecting grant recipients
14 under the pilot program, the Secretary shall take into con-
15 sideration the following:
16 ‘‘(1) Primarily, the extent to which the proposed
17 project of an eligible entity is likely to protect motor-
18 ists and wildlife by reducing the number of wildlife-
19 vehicle collisions and improve habitat connectivity for
20 terrestrial and aquatic species.
21 ‘‘(2) Secondarily, the extent to which the pro-
22 posed project of an eligible entity is likely to accom-
23 plish the following:
24 ‘‘(A) Leveraging Federal investment by en-
25 couraging non-Federal contributions to the
† HR 3684 EAS
177
1 project, including projects from public-private
2 partnerships.
3 ‘‘(B) Supporting local economic develop-
4 ment and improvement of visitation opportuni-
5 ties.
6 ‘‘(C) Incorporation of innovative tech-
7 nologies, including advanced design techniques
8 and other strategies to enhance efficiency and ef-
9 fectiveness in reducing wildlife-vehicle collisions
10 and improving habitat connectivity for terres-
11 trial and aquatic species.
12 ‘‘(D) Provision of educational and outreach
13 opportunities.
14 ‘‘(E) Monitoring and research to evaluate,
15 compare effectiveness of, and identify best prac-
16 tices in, selected projects.
17 ‘‘(F) Any other criteria relevant to reducing
18 the number of wildlife-vehicle collisions and im-
19 proving habitat connectivity for terrestrial and
20 aquatic species, as the Secretary determines to be
21 appropriate, subject to the condition that the im-
22 plementation of the pilot program shall not be
23 delayed in the absence of action by the Secretary
24 to identify additional criteria under this sub-
25 paragraph.
† HR 3684 EAS
178
1 ‘‘(f) USE OF FUNDS.—
2 ‘‘(1) IN GENERAL.—The Secretary shall ensure
3 that a grant received under the pilot program is used
4 for a project to reduce wildlife-vehicle collisions.
5 ‘‘(2) GRANT ADMINISTRATION.—
† HR 3684 EAS
179
1 provide funds to eligible partners of the
2 project for which the grant was received de-
3 scribed in clause (ii), in accordance with
4 the terms of the project agreement.
5 ‘‘(ii) ELIGIBLE PARTNERS DE-
† HR 3684 EAS
180
1 ‘‘(VII) a foundation, nongovern-
2 mental organization, or institution of
3 higher education;
4 ‘‘(VIII) a Federal, Tribal, re-
5 gional, or State government entity;
6 and
7 ‘‘(IX) a group of any of the enti-
8 ties described in subclauses (I) through
9 (VIII).
10 ‘‘(3) COMPLIANCE.—An eligible entity that re-
11 ceives a grant under the pilot program and enters
12 into a partnership described in paragraph (2) shall
13 establish measures to verify that an eligible partner
14 that receives funds from the grant complies with the
15 conditions of the pilot program in using those funds.
16 ‘‘(g) REQUIREMENT.—The Secretary shall ensure that
17 not less than 60 percent of the amounts made available for
18 grants under the pilot program each fiscal year are for
19 projects located in rural areas.
20 ‘‘(h) ANNUAL REPORT TO CONGRESS.—
21 ‘‘(1) IN GENERAL.—Not later than December 31
22 of each calendar year, the Secretary shall submit to
23 Congress, and make publicly available, a report de-
24 scribing the activities under the pilot program for the
25 fiscal year that ends during that calendar year.
† HR 3684 EAS
181
1 ‘‘(2) CONTENTS.—The report under paragraph
2 (1) shall include—
3 ‘‘(A) a detailed description of the activities
4 carried out under the pilot program;
5 ‘‘(B) an evaluation of the effectiveness of the
6 pilot program in meeting the purposes described
7 in subsection (b); and
8 ‘‘(C) policy recommendations to improve the
9 effectiveness of the pilot program.
10 ‘‘(i) TREATMENT OF PROJECTS.—Notwithstanding
11 any other provision of law, a project assisted under this
12 section shall be treated as a project on a Federal-aid high-
13 way under this chapter.’’.
14 (2) CLERICAL AMENDMENT.—The analysis for
15 chapter 1 of title 23, United States Code, is amended
16 by inserting after the item relating to section 170 the
17 following:
‘‘171. Wildlife crossings pilot program.’’.
25 ‘‘(a) STUDY.—
† HR 3684 EAS
182
1 ‘‘(1) IN GENERAL.—The Secretary shall conduct
2 a study (referred to in this subsection as the ‘study’)
3 of the state, as of the date of the study, of the practice
4 of methods to reduce collisions between motorists and
5 wildlife (referred to in this section as ‘wildlife-vehicle
6 collisions’).
7 ‘‘(2) CONTENTS.—
8 ‘‘(A) AREAS OF STUDY.—The study shall—
9 ‘‘(i) update and expand on, as appro-
10 priate—
11 ‘‘(I) the report entitled ‘Wildlife
12 Vehicle Collision Reduction Study:
13 2008 Report to Congress’; and
14 ‘‘(II) the document entitled ‘Wild-
15 life Vehicle Collision Reduction Study:
16 Best Practices Manual’ and dated Oc-
17 tober 2008; and
18 ‘‘(ii) include—
19 ‘‘(I) an assessment, as of the date
20 of the study, of—
21 ‘‘(aa) the causes of wildlife-
22 vehicle collisions;
23 ‘‘(bb) the impact of wildlife-
24 vehicle collisions on motorists and
25 wildlife; and
† HR 3684 EAS
183
1 ‘‘(cc) the impacts of roads
2 and traffic on habitat
3 connectivity for terrestrial and
4 aquatic species; and
5 ‘‘(II) solutions and best practices
6 for—
7 ‘‘(aa) reducing wildlife-vehi-
8 cle collisions; and
9 ‘‘(bb) improving habitat
10 connectivity for terrestrial and
11 aquatic species.
12 ‘‘(B) METHODS.—In carrying out the
13 study, the Secretary shall—
14 ‘‘(i) conduct a thorough review of re-
15 search and data relating to—
16 ‘‘(I) wildlife-vehicle collisions; and
17 ‘‘(II) habitat fragmentation that
18 results from transportation infrastruc-
19 ture;
20 ‘‘(ii) survey current practices of the
21 Department of Transportation and State
22 departments of transportation to reduce
23 wildlife-vehicle collisions; and
24 ‘‘(iii) consult with—
† HR 3684 EAS
184
1 ‘‘(I) appropriate experts in the
2 field of wildlife-vehicle collisions; and
3 ‘‘(II) appropriate experts on the
4 effects of roads and traffic on habitat
5 connectivity for terrestrial and aquatic
6 species.
7 ‘‘(3) REPORT.—
8 ‘‘(A) IN GENERAL.—Not later than 18
9 months after the date of enactment of the Surface
10 Transportation Reauthorization Act of 2021, the
11 Secretary shall submit to Congress a report on
12 the results of the study.
13 ‘‘(B) CONTENTS.—The report under sub-
14 paragraph (A) shall include—
15 ‘‘(i) a description of—
16 ‘‘(I) the causes of wildlife-vehicle
17 collisions;
18 ‘‘(II) the impacts of wildlife-vehi-
19 cle collisions; and
20 ‘‘(III) the impacts of roads and
21 traffic on—
22 ‘‘(aa) species listed as threat-
23 ened species or endangered species
24 under the Endangered Species Act
25 of 1973 (16 U.S.C. 1531 et seq.);
† HR 3684 EAS
185
1 ‘‘(bb) species identified by
2 States as species of greatest con-
3 servation need;
4 ‘‘(cc) species identified in
5 State wildlife plans; and
6 ‘‘(dd) medium and small ter-
7 restrial and aquatic species;
8 ‘‘(ii) an economic evaluation of the
9 costs and benefits of installing highway in-
10 frastructure and other measures to mitigate
11 damage to terrestrial and aquatic species,
12 including the effect on jobs, property values,
13 and economic growth to society, adjacent
14 communities, and landowners;
15 ‘‘(iii) recommendations for preventing
16 wildlife-vehicle collisions, including rec-
17 ommended best practices, funding resources,
18 or other recommendations for addressing
19 wildlife-vehicle collisions; and
20 ‘‘(iv) guidance, developed in consulta-
21 tion with Federal land management agen-
22 cies and State departments of transpor-
23 tation, State fish and wildlife agencies, and
24 Tribal governments that agree to partici-
25 pate, for developing, for each State that
† HR 3684 EAS
186
1 agrees to participate, a voluntary joint
2 statewide transportation and wildlife action
3 plan—
4 ‘‘(I) to address wildlife-vehicle col-
5 lisions; and
6 ‘‘(II) to improve habitat
7 connectivity for terrestrial and aquatic
8 species.
9 ‘‘(b) WORKFORCE DEVELOPMENT AND TECHNICAL
10 TRAINING.—
11 ‘‘(1) IN GENERAL.—Not later than 3 years after
12 the date of enactment of the Surface Transportation
13 Reauthorization Act of 2021, the Secretary shall,
14 based on the study conducted under subsection (a), de-
15 velop a series of in-person and online workforce devel-
16 opment and technical training courses—
17 ‘‘(A) to reduce wildlife-vehicle collisions;
18 and
19 ‘‘(B) to improve habitat connectivity for
20 terrestrial and aquatic species.
21 ‘‘(2) AVAILABILITY.—The Secretary shall—
22 ‘‘(A) make the series of courses developed
23 under paragraph (1) available for transportation
24 and fish and wildlife professionals; and
† HR 3684 EAS
187
1 ‘‘(B) update the series of courses not less fre-
2 quently than once every 2 years.
3 ‘‘(c) STANDARDIZATION OF WILDLIFE COLLISION AND
4 CARCASS DATA.—
5 ‘‘(1) STANDARDIZED METHODOLOGY.—
† HR 3684 EAS
188
1 ‘‘(ii) to the extent practicable, identify
2 and correct limitations of those existing
3 methodologies and sources of data collection.
4 ‘‘(C) CONSULTATION.—In developing the
5 standardized methodology under subparagraph
6 (A), the Secretary shall consult with—
7 ‘‘(i) the Secretary of the Interior;
8 ‘‘(ii) the Secretary of Agriculture, act-
9 ing through the Chief of the Forest Service;
10 ‘‘(iii) Tribal, State, and local trans-
11 portation and wildlife authorities;
12 ‘‘(iv) metropolitan planning organiza-
13 tions (as defined in section 134(b));
14 ‘‘(v) members of the American Associa-
15 tion of State Highway Transportation Offi-
16 cials;
17 ‘‘(vi) members of the Association of
18 Fish and Wildlife Agencies;
19 ‘‘(vii) experts in the field of wildlife-ve-
20 hicle collisions;
21 ‘‘(viii) nongovernmental organizations;
22 and
23 ‘‘(ix) other interested stakeholders, as
24 appropriate.
† HR 3684 EAS
189
1 ‘‘(2) STANDARDIZED NATIONAL DATA SYSTEM
3 Secretary shall—
4 ‘‘(A) develop a template for State imple-
5 mentation of a standardized national wildlife
6 collision and carcass data system for the Na-
7 tional Highway System that is based on the
8 standardized methodology developed under para-
9 graph (1); and
10 ‘‘(B) encourage the voluntary implementa-
11 tion of the template developed under subpara-
12 graph (A).
13 ‘‘(3) REPORTS.—
14 ‘‘(A) METHODOLOGY.—The Secretary shall
15 submit to Congress a report describing the stand-
16 ardized methodology developed under paragraph
17 (1) not later than the later of—
18 ‘‘(i) the date that is 18 months after
19 the date of enactment of the Surface Trans-
20 portation Reauthorization Act of 2021; and
21 ‘‘(ii) the date that is 180 days after the
22 date on which the Secretary completes the
23 development of the standardized method-
24 ology.
† HR 3684 EAS
190
1 ‘‘(B) IMPLEMENTATION.—Not later than 4
2 years after the date of enactment of the Surface
3 Transportation Reauthorization Act of 2021, the
4 Secretary shall submit to Congress a report de-
5 scribing—
6 ‘‘(i) the status of the voluntary imple-
7 mentation of the standardized methodology
8 developed under paragraph (1) and the tem-
9 plate developed under paragraph (2)(A);
10 ‘‘(ii) whether the implementation of the
11 standardized methodology developed under
12 paragraph (1) and the template developed
13 under paragraph (2)(A) has impacted ef-
14 forts by States, units of local government,
15 and other entities—
16 ‘‘(I) to reduce the number of wild-
17 life-vehicle collisions; and
18 ‘‘(II) to improve habitat
19 connectivity;
20 ‘‘(iii) the degree of the impact de-
21 scribed in clause (ii); and
22 ‘‘(iv) the recommendations of the Sec-
23 retary, including recommendations for fur-
24 ther study aimed at reducing motorist colli-
25 sions involving wildlife and improving
† HR 3684 EAS
191
1 habitat connectivity for terrestrial and
2 aquatic species on the National Highway
3 System, if any.
4 ‘‘(d) NATIONAL THRESHOLD GUIDANCE.—The Sec-
5 retary shall—
6 ‘‘(1) establish guidance, to be carried out by
7 States on a voluntary basis, that contains a threshold
8 for determining whether a highway shall be evaluated
9 for potential mitigation measures to reduce wildlife-
10 vehicle collisions and increase habitat connectivity for
11 terrestrial and aquatic species, taking into consider-
12 ation—
13 ‘‘(A) the number of wildlife-vehicle collisions
14 on the highway that pose a human safety risk;
15 ‘‘(B) highway-related mortality and the ef-
16 fects of traffic on the highway on—
17 ‘‘(i) species listed as endangered species
18 or threatened species under the Endangered
19 Species Act of 1973 (16 U.S.C. 1531 et
20 seq.);
21 ‘‘(ii) species identified by a State as
22 species of greatest conservation need;
23 ‘‘(iii) species identified in State wild-
24 life plans; and
† HR 3684 EAS
192
1 ‘‘(iv) medium and small terrestrial
2 and aquatic species; and
3 ‘‘(C) habitat connectivity values for terres-
4 trial and aquatic species and the barrier effect of
5 the highway on the movements and migrations of
6 those species.’’.
7 (2) CLERICAL AMENDMENT.—The analysis for
8 chapter 1 of title 23, United States Code (as amended
9 by subsection (b)(2)) is amended by inserting after
10 the item relating to section 171 the following:
‘‘172. Wildlife-vehicle collision reduction and habitat connectivity improvement.’’.
† HR 3684 EAS
193
1 ARDS.—Section 144 of title 23, United States Code, is
2 amended—
3 (1) in subsection (a)(2)—
4 (A) in subparagraph (B), by inserting ‘‘, re-
5 silience,’’ after ‘‘safety’’;
6 (B) in subparagraph (D), by striking ‘‘and’’
7 at the end;
8 (C) in subparagraph (E), by striking the
9 period at the end and inserting ‘‘; and’’; and
10 (D) by adding at the end the following:
11 ‘‘(F) to ensure adequate passage of aquatic
12 and terrestrial species, where appropriate.’’;
13 (2) in subsection (b)—
14 (A) in paragraph (4), by striking ‘‘and’’ at
15 the end;
16 (B) in paragraph (5), by striking the period
17 at the end and inserting ‘‘; and’’; and
18 (C) by adding at the end the following:
19 ‘‘(6) determine if the replacement or rehabilita-
20 tion of bridges and tunnels should include measures
21 to enable safe and unimpeded movement for terres-
22 trial and aquatic species.’’; and
23 (3) in subsection (i), by adding at the end the
24 following:
† HR 3684 EAS
194
1 ‘‘(3) REQUIREMENT.—The first revision under
2 paragraph (2) after the date of enactment of the Sur-
3 face Transportation Reauthorization Act of 2021 shall
4 include techniques to assess passage of aquatic and
5 terrestrial species and habitat restoration potential.’’.
6 SEC. 11124. CONSOLIDATION OF PROGRAMS.
20 PROGRAM.
† HR 3684 EAS
195
1 ‘‘(1) for the Puerto Rico highway program under
2 subsection (b)—
3 ‘‘(A) $173,010,000 shall be for fiscal year
4 2022;
5 ‘‘(B) $176,960,000 shall be for fiscal year
6 2023;
7 ‘‘(C) $180,120,000 shall be for fiscal year
8 2024;
9 ‘‘(D) $183,675,000 shall be for fiscal year
10 2025; and
11 ‘‘(E) $187,230,000 shall be for fiscal year
12 2026; and
13 ‘‘(2) for the territorial highway program under
14 subsection (c)—
15 ‘‘(A) $45,990,000 shall be for fiscal year
16 2022;
17 ‘‘(B) $47,040,000 shall be for fiscal year
18 2023;
19 ‘‘(C) $47,880,000 shall be for fiscal year
20 2024;
21 ‘‘(D) $48,825,000 shall be for fiscal year
22 2025; and
23 ‘‘(E) $49,770,000 shall be for fiscal year
24 2026.’’;
† HR 3684 EAS
196
1 (2) in subsection (b)(2)(C)(iii), by inserting
2 ‘‘and preventative maintenance on the National
3 Highway System’’ after ‘‘chapter 1’’; and
4 (3) in subsection (c)(7), by striking ‘‘paragraphs
5 (1) through (4) of section 133(c) and section
6 133(b)(12)’’ and inserting ‘‘paragraphs (1), (2), (3),
7 and (5) of section 133(c) and section 133(b)(13)’’.
8 SEC. 11127. NATIONALLY SIGNIFICANT FEDERAL LANDS
† HR 3684 EAS
197
1 ‘‘(B) TRIBAL PROJECTS.—In the case of a
2 project on a tribal transportation facility (as de-
3 fined in section 101(a) of title 23, United States
4 Code), the Federal share of the cost of the project
5 shall be 100 percent.’’; and
6 (C) in paragraph (2), by striking ‘‘other
7 than those made available under title 23 or title
8 49, United States Code,’’; and
9 (3) by striking subsection (h) and inserting the
10 following:
11 ‘‘(h) USE OF FUNDS.—
12 ‘‘(1) IN GENERAL.—For each fiscal year, of the
13 amounts made available to carry out this section—
14 ‘‘(A) 50 percent shall be used for eligible
15 projects on Federal lands transportation facili-
16 ties and Federal lands access transportation fa-
17 cilities (as those terms are defined in section
18 101(a) of title 23, United States Code); and
19 ‘‘(B) 50 percent shall be used for eligible
20 projects on tribal transportation facilities (as de-
21 fined in section 101(a) of title 23, United States
22 Code).
23 ‘‘(2) REQUIREMENT.—Not less than 1 eligible
24 project carried out using the amount described in
25 paragraph (1)(A) shall be in a unit of the National
† HR 3684 EAS
198
1 Park System with not less than 3,000,000 annual
2 visitors.
3 ‘‘(3) AVAILABILITY.—Amounts made available to
4 carry out this section shall remain available for a pe-
5 riod of 3 fiscal years following the fiscal year for
6 which the amounts are appropriated.’’.
7 SEC. 11128. TRIBAL HIGH PRIORITY PROJECTS PROGRAM.
† HR 3684 EAS
199
1 ‘‘(2) AUTHORIZATION OF APPROPRIATIONS.—In
† HR 3684 EAS
200
1 date the Manual on Uniform Traffic Control De-
2 vices.’’;
3 (2) in subsection (o)—
4 (A) by striking ‘‘Projects’’ and inserting:
5 ‘‘(A) IN GENERAL.—Projects’’; and
6 (B) by inserting at the end the following:
7 ‘‘(B) LOCAL JURISDICTIONS.—Notwith-
† HR 3684 EAS
201
1 ‘‘(A) non-proprietary charging connectors
2 that meet applicable industry safety standards;
3 and
4 ‘‘(B) open access to payment methods that
5 are available to all members of the public to en-
6 sure secure, convenient, and equal access to the
7 electric vehicle charging infrastructure that shall
8 not be limited by membership to a particular
9 payment provider.
10 ‘‘(2) TREATMENT OF PROJECTS.—Notwith-
† HR 3684 EAS
202
1 ‘‘(A) traffic signaling and prioritization
2 systems;
3 ‘‘(B) redesigned intersections that are nec-
4 essary for the establishment of a bus rapid tran-
5 sit corridor;
6 ‘‘(C) on-street stations;
7 ‘‘(D) fare collection systems;
8 ‘‘(E) information and wayfinding systems;
9 and
10 ‘‘(F) depots.’’.
11 (b) TECHNICAL CORRECTION.—Section 142 of title 23,
12 United States Code, is amended by striking subsection (i).
13 SEC. 11131. RESERVATION OF CERTAIN FUNDS.
† HR 3684 EAS
203
1 the State on that date under each of para-
2 graphs (1) and (2) of section 104(b) until
3 the State certifies to the Secretary the
4 means by which the State will use those re-
5 served funds in accordance with subpara-
6 graphs (A) and (B) of paragraph (1), and
7 paragraph (3).
8 ‘‘(ii) STATES DESCRIBED.—A State re-
9 ferred to in clause (i) is a State—
10 ‘‘(I) that has not enacted or is not
11 enforcing an open container law de-
12 scribed in subsection (b); and
13 ‘‘(II) for which the Secretary de-
14 termined for the prior fiscal year that
15 the State had not enacted or was not
16 enforcing an open container law de-
17 scribed in subsection (b).’’; and
18 (3) in subparagraph (B), in the matter pre-
19 ceding clause (i), by striking ‘‘subparagraph (A)’’ and
20 inserting ‘‘subparagraph (A)(i)’’.
21 (b) REPEAT INTOXICATED DRIVER LAWS.—Section
22 164(b)(2) of title 23, United States Code, is amended—
23 (1) in the paragraph heading, by striking
24 ‘‘2012’’ and inserting ‘‘2022’’;
† HR 3684 EAS
204
1 (2) by striking subparagraph (A) and inserting
2 the following:
3 ‘‘(A) RESERVATION OF FUNDS.—
† HR 3684 EAS
205
1 (3) in subparagraph (B), in the matter pre-
2 ceding clause (i), by striking ‘‘subparagraph (A)’’ and
3 inserting ‘‘subparagraph (A)(i)’’.
4 SEC. 11132. RURAL SURFACE TRANSPORTATION GRANT
5 PROGRAM.
† HR 3684 EAS
206
1 ‘‘(B) to improve the safety and reliability of
2 the movement of people and freight; and
3 ‘‘(C) to generate regional economic growth
4 and improve quality of life.
5 ‘‘(3) GRANT ADMINISTRATION.—The Secretary
6 may—
7 ‘‘(A) retain not more than a total of 2 per-
8 cent of the funds made available to carry out the
9 program and to review applications for grants
10 under the program; and
11 ‘‘(B) transfer portions of the funds retained
12 under subparagraph (A) to the relevant Admin-
13 istrators to fund the award and oversight of
14 grants provided under the program.
15 ‘‘(c) ELIGIBLE ENTITIES.—The Secretary may make
16 a grant under the program to—
17 ‘‘(1) a State;
18 ‘‘(2) a regional transportation planning organi-
19 zation;
20 ‘‘(3) a unit of local government;
21 ‘‘(4) a Tribal government or a consortium of
22 Tribal governments; and
23 ‘‘(5) a multijurisdictional group of entities de-
24 scribed in paragraphs (1) through (4).
† HR 3684 EAS
207
1 ‘‘(d) APPLICATIONS.—To be eligible to receive a grant
2 under the program, an eligible entity shall submit to the
3 Secretary an application in such form, at such time, and
4 containing such information as the Secretary may require.
5 ‘‘(e) ELIGIBLE PROJECTS.—
6 ‘‘(1) IN GENERAL.—Except as provided in para-
7 graph (2), the Secretary may make a grant under the
8 program only for a project that is—
9 ‘‘(A) a highway, bridge, or tunnel project el-
10 igible under section 119(d);
11 ‘‘(B) a highway, bridge, or tunnel project el-
12 igible under section 133(b);
13 ‘‘(C) a project eligible under section 202(a);
14 ‘‘(D) a highway freight project eligible
15 under section 167(h)(5);
16 ‘‘(E) a highway safety improvement project,
17 including a project to improve a high risk rural
18 road (as those terms are defined in section
19 148(a));
20 ‘‘(F) a project on a publicly-owned highway
21 or bridge that provides or increases access to an
22 agricultural, commercial, energy, or intermodal
23 facility that supports the economy of a rural
24 area; or
† HR 3684 EAS
208
1 ‘‘(G) a project to develop, establish, or
2 maintain an integrated mobility management
3 system, a transportation demand management
4 system, or on-demand mobility services.
5 ‘‘(2) BUNDLING OF ELIGIBLE PROJECTS.—
† HR 3684 EAS
209
1 vironmental review, preliminary engineering and de-
2 sign work, and other preconstruction activities; and
3 ‘‘(2) construction, reconstruction, rehabilitation,
4 acquisition of real property (including land related to
5 the project and improvements to the land), environ-
6 mental mitigation, construction contingencies, acqui-
7 sition of equipment, and operational improvements.
8 ‘‘(g) PROJECT REQUIREMENTS.—The Secretary may
9 provide a grant under the program to an eligible project
10 only if the Secretary determines that the project—
11 ‘‘(1) will generate regional economic, mobility, or
12 safety benefits;
13 ‘‘(2) will be cost effective;
14 ‘‘(3) will contribute to the accomplishment of 1
15 or more of the national goals under section 150;
16 ‘‘(4) is based on the results of preliminary engi-
17 neering; and
18 ‘‘(5) is reasonably expected to begin construction
19 not later than 18 months after the date of obligation
20 of funds for the project.
21 ‘‘(h) ADDITIONAL CONSIDERATIONS.—In providing
22 grants under the program, the Secretary shall consider the
23 extent to which an eligible project will—
24 ‘‘(1) improve the state of good repair of existing
25 highway, bridge, and tunnel facilities;
† HR 3684 EAS
210
1 ‘‘(2) increase the capacity or connectivity of the
2 surface transportation system and improve mobility
3 for residents of rural areas;
4 ‘‘(3) address economic development and job cre-
5 ation challenges, including energy sector job losses in
6 energy communities as identified in the report re-
7 leased in April 2021 by the interagency working
8 group established by section 218 of Executive Order
9 14008 (86 Fed. Reg. 7628 (February 1, 2021));
10 ‘‘(4) enhance recreational and tourism opportu-
11 nities by providing access to Federal land, national
12 parks, national forests, national recreation areas, na-
13 tional wildlife refuges, wilderness areas, or State
14 parks;
15 ‘‘(5) contribute to geographic diversity among
16 grant recipients;
17 ‘‘(6) utilize innovative project delivery ap-
18 proaches or incorporate transportation technologies;
19 ‘‘(7) coordinate with projects to address
20 broadband infrastructure needs; or
21 ‘‘(8) improve access to emergency care, essential
22 services, healthcare providers, or drug and alcohol
23 treatment and rehabilitation resources.
† HR 3684 EAS
211
1 ‘‘(i) GRANT AMOUNT.—Except as provided in sub-
2 section (k)(1), a grant under the program shall be in an
3 amount that is not less than $25,000,000.
4 ‘‘(j) FEDERAL SHARE.—
5 ‘‘(1) IN GENERAL.—Except as provided in para-
6 graph (2), the Federal share of the cost of a project
7 carried out with a grant under the program may not
8 exceed 80 percent.
9 ‘‘(2) FEDERAL SHARE FOR CERTAIN
† HR 3684 EAS
212
1 ‘‘(1) SMALL PROJECTS.—The Secretary shall use
2 not more than 10 percent of the amounts made avail-
3 able for the program for each fiscal year to provide
4 grants for eligible projects in an amount that is less
5 than $25,000,000.
6 ‘‘(2) APPALACHIAN DEVELOPMENT HIGHWAY SYS-
† HR 3684 EAS
213
1 the Secretary shall use the unutilized amounts to
2 make other grants under the program.
3 ‘‘(l) CONGRESSIONAL REVIEW.—
4 ‘‘(1) NOTIFICATION.—Not less than 60 days be-
5 fore providing a grant under the program, the Sec-
6 retary shall submit to the Committee on Environment
7 and Public Works of the Senate and the Committee on
8 Transportation and Infrastructure of the House of
9 Representatives—
10 ‘‘(A) a list of all applications determined to
11 be eligible for a grant by the Secretary;
12 ‘‘(B) each application proposed to be se-
13 lected for a grant, including a justification for
14 the selection; and
15 ‘‘(C) proposed grant amounts.
16 ‘‘(2) COMMITTEE REVIEW.—Before the last day
17 of the 60-day period described in paragraph (1), each
18 Committee described in paragraph (1) shall review
19 the list of proposed projects submitted by the Sec-
20 retary.
21 ‘‘(3) CONGRESSIONAL DISAPPROVAL.—The Sec-
22 retary may not make a grant or any other obligation
23 or commitment to fund a project under the program
24 if a joint resolution is enacted disapproving funding
† HR 3684 EAS
214
1 for the project before the last day of the 60-day period
2 described in paragraph (1).
3 ‘‘(m) TRANSPARENCY.—
4 ‘‘(1) IN GENERAL.—Not later than 30 days after
5 providing a grant for a project under the program,
6 the Secretary shall provide to all applicants, and
7 publish on the website of the Department of Transpor-
8 tation, the information described in subsection (l)(1).
9 ‘‘(2) BRIEFING.—The Secretary shall provide, on
10 the request of an eligible entity, the opportunity to re-
11 ceive a briefing to explain any reasons the eligible en-
12 tity was not selected to receive a grant under the pro-
13 gram.
14 ‘‘(n) REPORTS.—
15 ‘‘(1) ANNUAL REPORT.—The Secretary shall
16 make available on the website of the Department of
17 Transportation at the end of each fiscal year an an-
18 nual report that lists each project for which a grant
19 has been provided under the program during that fis-
20 cal year.
21 ‘‘(2) COMPTROLLER GENERAL.—
† HR 3684 EAS
215
1 respect to the awarding of grants under the pro-
2 gram for each fiscal year.
3 ‘‘(B) REPORT.—Each fiscal year, the Comp-
4 troller General shall submit to the Committee on
5 Environment and Public Works of the Senate
6 and the Committee on Transportation and Infra-
7 structure of the House of Representatives a re-
8 port that describes, for the fiscal year—
9 ‘‘(i) the adequacy and fairness of the
10 process by which each project was selected,
11 if applicable; and
12 ‘‘(ii) the justification and criteria used
13 for the selection of each project, if applica-
14 ble.
15 ‘‘(o) TREATMENT OF PROJECTS.—Notwithstanding
16 any other provision of law, a project assisted under this
17 section shall be treated as a project on a Federal-aid high-
18 way under this chapter.’’.
19 (b) CLERICAL AMENDMENT.—The analysis for chapter
20 1 of title 23, United States Code (as amended by section
21 11123(c)(2)), is amended by inserting after the item relat-
22 ing to section 172 the following:
‘‘173. Rural surface transportation grant program.’’.
† HR 3684 EAS
216
1 SEC. 11133. BICYCLE TRANSPORTATION AND PEDESTRIAN
2 WALKWAYS.
† HR 3684 EAS
217
1 ‘‘(i) equipped with fully operable ped-
2 als, a saddle or seat for the rider, and an
3 electric motor of less than 750 watts;
4 ‘‘(ii) that can safely share a bicycle
5 transportation facility with other users of
6 such facility; and
7 ‘‘(iii) that is a class 1 electric bicycle,
8 class 2 electric bicycle, or class 3 electric bi-
9 cycle.
10 ‘‘(B) CLASSES OF ELECTRIC BICYCLES.—
† HR 3684 EAS
218
1 ‘‘(I) may be used exclusively to
2 propel the bicycle; and
3 ‘‘(II) is not capable of providing
4 assistance when the speed of the bicycle
5 reaches or exceeds 20 miles per hour.
6 ‘‘(iii) CLASS 3 ELECTRIC BICYCLE.—
† HR 3684 EAS
219
1 SEC. 11135. UPDATES TO MANUAL ON UNIFORM TRAFFIC
2 CONTROL DEVICES.
† HR 3684 EAS
220
1 Subtitle B—Planning and
2 Performance Management
3 SEC. 11201. TRANSPORTATION PLANNING.
† HR 3684 EAS
221
1 (A) in paragraph (1), by striking ‘‘a metro-
2 politan area’’ and inserting ‘‘an urbanized area
3 (as defined by the Bureau of the Census)’’; and
4 (B) by adding at the end the following:
5 ‘‘(4) COORDINATION BETWEEN MPOS.—If more
6 than 1 metropolitan planning organization is des-
7 ignated within an urbanized area (as defined by the
8 Bureau of the Census) under subsection (d)(7), the
9 metropolitan planning organizations designated with-
10 in the area shall ensure, to the maximum extent prac-
11 ticable, the consistency of any data used in the plan-
12 ning process, including information used in fore-
13 casting travel demand.
14 ‘‘(5) SAVINGS CLAUSE.—Nothing in this sub-
15 section requires metropolitan planning organizations
16 designated within a single urbanized area to jointly
17 develop planning documents, including a unified
18 long-range transportation plan or unified TIP.’’;
19 (3) in subsection (i)(6), by adding at the end the
20 following:
21 ‘‘(D) USE OF TECHNOLOGY.—A metropoli-
22 tan planning organization may use social media
23 and other web-based tools—
24 ‘‘(i) to further encourage public par-
25 ticipation; and
† HR 3684 EAS
222
1 ‘‘(ii) to solicit public feedback during
2 the transportation planning process.’’; and
3 (4) in subsection (p), by striking ‘‘paragraphs
4 (5)(D) and (6) of section 104(b) of this title’’ and in-
5 serting ‘‘section 104(b)(6)’’.
6 (b) STATEWIDE AND NONMETROPOLITAN TRANSPOR-
7 TATION PLANNING.—Section 135(f)(3) of title 23, United
8 States Code, is amended by adding at the end the following:
9 ‘‘(C) USE OF TECHNOLOGY.—A State may
10 use social media and other web-based tools—
11 ‘‘(i) to further encourage public par-
12 ticipation; and
13 ‘‘(ii) to solicit public feedback during
14 the transportation planning process.’’.
15 (c) CONFORMING AMENDMENT.—Section 135(i) of title
16 23, United States Code, is amended by striking ‘‘para-
17 graphs (5)(D) and (6) of section 104(b) of this title’’ and
18 inserting ‘‘section 104(b)(6)’’.
19 (d) HOUSING COORDINATION.—Section 134 of title 23,
20 United States Code, is amended—
21 (1) in subsection (a)(1), by inserting ‘‘better con-
22 nect housing and employment,’’ after ‘‘urbanized
23 areas’’;
24 (2) in subsection (g)(3)(A), by inserting ‘‘hous-
25 ing,’’ after ‘‘economic development,’’;
† HR 3684 EAS
223
1 (3) in subsection (h)(1)(E), by inserting ‘‘, hous-
2 ing,’’ after ‘‘growth’’;
3 (4) in subsection (i)—
4 (A) in paragraph (4)(B)—
5 (i) by redesignating clauses (iii)
6 through (vi) as clauses (iv) through (vii),
7 respectively; and
8 (ii) by inserting after clause (ii) the
9 following:
10 ‘‘(iii) assumed distribution of popu-
11 lation and housing;’’; and
12 (B) in paragraph (6)(A), by inserting ‘‘af-
13 fordable housing organizations,’’ after ‘‘dis-
14 abled,’’; and
15 (5) in subsection (k)—
16 (A) by redesignating paragraphs (4) and
17 (5) as paragraphs (5) and (6), respectively; and
18 (B) by inserting after paragraph (3) the fol-
19 lowing:
20 ‘‘(4) HOUSING COORDINATION PROCESS.—
† HR 3684 EAS
224
1 ment strategies through a process that provides
2 for effective integration, based on a cooperatively
3 developed and implemented strategy, of new and
4 existing transportation facilities eligible for
5 funding under this title and chapter 53 of title
6 49.
7 ‘‘(B) COORDINATION IN INTEGRATED PLAN-
† HR 3684 EAS
225
1 12705) and plans developed under section
2 5A of the United States Housing Act of
3 1937 (42 U.S.C. 1437c–1).
4 ‘‘(C) HOUSING COORDINATION PLAN.—
† HR 3684 EAS
226
1 and proposed housing develop-
2 ment;
3 ‘‘(cc) align planning for
4 housing and transportation to ad-
5 dress needs in relationship to
6 household incomes within the met-
7 ropolitan planning area;
8 ‘‘(dd) expand housing and
9 economic development within the
10 catchment areas of existing trans-
11 portation facilities and public
12 transportation services when ap-
13 propriate, including higher-den-
14 sity development, as locally deter-
15 mined;
16 ‘‘(ee) manage effects of
17 growth of vehicle miles traveled
18 experienced in the metropolitan
19 planning area related to housing
20 development and economic devel-
21 opment;
22 ‘‘(ff) increase share of house-
23 holds with sufficient and afford-
24 able access to the transportation
† HR 3684 EAS
227
1 networks of the metropolitan
2 planning area;
3 ‘‘(II) identify the location of exist-
4 ing and planned housing and employ-
5 ment, and transportation options that
6 connect housing and employment; and
7 ‘‘(III) include a comparison of
8 transportation plans to land use man-
9 agement plans, including zoning plans,
10 that may affect road use, public trans-
11 portation ridership, and housing devel-
12 opment.’’.
13 SEC. 11202. FISCAL CONSTRAINT ON LONG-RANGE TRANS-
14 PORTATION PLANS.
† HR 3684 EAS
228
1 ‘‘§ 174. State human capital plans
2 ‘‘(a) IN GENERAL.—Not later than 18 months after the
3 date of enactment of this section, the Secretary shall encour-
4 age each State to develop a voluntary plan, to be known
5 as a ‘human capital plan’, that provides for the immediate
6 and long-term personnel and workforce needs of the State
7 with respect to the capacity of the State to deliver transpor-
8 tation and public infrastructure eligible under this title.
9 ‘‘(b) PLAN CONTENTS.—
10 ‘‘(1) IN GENERAL.—A human capital plan devel-
11 oped by a State under subsection (a) shall, to the
12 maximum extent practicable, take into consider-
13 ation—
14 ‘‘(A) significant transportation workforce
15 trends, needs, issues, and challenges with respect
16 to the State;
17 ‘‘(B) the human capital policies, strategies,
18 and performance measures that will guide the
19 transportation-related workforce investment deci-
20 sions of the State;
21 ‘‘(C) coordination with educational institu-
22 tions, industry, organized labor, workforce
23 boards, and other agencies or organizations to
24 address the human capital transportation needs
25 of the State;
† HR 3684 EAS
229
1 ‘‘(D) a workforce planning strategy that
2 identifies current and future human capital
3 needs, including the knowledge, skills, and abili-
4 ties needed to recruit and retain skilled workers
5 in the transportation industry;
6 ‘‘(E) a human capital management strategy
7 that is aligned with the transportation mission,
8 goals, and organizational objectives of the State;
9 ‘‘(F) an implementation system for work-
10 force goals focused on addressing continuity of
11 leadership and knowledge sharing across the
12 State;
13 ‘‘(G) an implementation system that ad-
14 dresses workforce competency gaps, particularly
15 in mission-critical occupations;
16 ‘‘(H) in the case of public-private partner-
17 ships or other alternative project delivery meth-
18 ods to carry out the transportation program of
19 the State, a description of workforce needs—
20 ‘‘(i) to ensure that the transportation
21 mission, goals, and organizational objectives
22 of the State are fully carried out; and
23 ‘‘(ii) to ensure that procurement meth-
24 ods provide the best public value;
† HR 3684 EAS
230
1 ‘‘(I) a system for analyzing and evaluating
2 the performance of the State department of
3 transportation with respect to all aspects of
4 human capital management policies, programs,
5 and activities; and
6 ‘‘(J) the manner in which the plan will im-
7 prove the ability of the State to meet the na-
8 tional policy in support of performance manage-
9 ment established under section 150.
10 ‘‘(2) PLANNING PERIOD.—If a State develops a
11 human capital plan under subsection (a), the plan
12 shall address a 5-year forecast period.
13 ‘‘(c) PLAN UPDATES.—If a State develops a human
14 capital plan under subsection (a), the State shall update
15 the plan not less frequently than once every 5 years.
16 ‘‘(d) RELATIONSHIP TO LONG-RANGE PLAN.—
17 ‘‘(1) IN GENERAL.—Subject to paragraph (2), a
18 human capital plan developed by a State under sub-
19 section (a) may be developed separately from, or in-
20 corporated into, the long-range statewide transpor-
21 tation plan required under section 135.
22 ‘‘(2) EFFECT OF SECTION.—Nothing in this sec-
23 tion requires a State, or authorizes the Secretary to
24 require a State, to incorporate a human capital plan
† HR 3684 EAS
231
1 into the long-range statewide transportation plan re-
2 quired under section 135.
3 ‘‘(e) PUBLIC AVAILABILITY.—Each State that develops
4 a human capital plan under subsection (a) shall make a
5 copy of the plan available to the public in a user-friendly
6 format on the website of the State department of transpor-
7 tation.
8 ‘‘(f) SAVINGS PROVISION.—Nothing in this section pre-
9 vents a State from carrying out transportation workforce
10 planning—
11 ‘‘(1) not described in this section; or
12 ‘‘(2) not in accordance with this section.’’.
13 (b) CLERICAL AMENDMENT.—The analysis for chapter
14 1 of title 23, United States Code (as amended by section
15 11132(b)), is amended by inserting after the item relating
16 to section 173 the following:
‘‘174. State human capital plans.’’.
† HR 3684 EAS
232
1 (2) METROPOLITAN PLANNING ORGANIZATION.—
† HR 3684 EAS
233
1 serves the area, in consultation with the
2 State;
3 (ii) in the case of an urbanized area
4 with a population of 200,000 or fewer, by
5 the State in consultation with all metropoli-
6 tan planning organizations in the State;
7 and
8 (iii) through a public process that pro-
9 vides an opportunity for public input;
10 (B) assess and score projects and strategies
11 on the basis of—
12 (i) the contribution and benefits of the
13 project or strategy to each priority objective
14 developed under subparagraph (A);
15 (ii) the cost of the project or strategy
16 relative to the contribution and benefits as-
17 sessed and scored under clause (i); and
18 (iii) public support;
19 (C) use the scores assigned under subpara-
20 graph (B) to guide project selection in the devel-
21 opment of the transportation plan and transpor-
22 tation improvement program; and
23 (D) ensure that the public—
24 (i) has opportunities to provide public
25 comment on projects before decisions are
† HR 3684 EAS
234
1 made on the transportation plan and the
2 transportation improvement program; and
3 (ii) has access to clear reasons why
4 each project or strategy was selected or not
5 selected.
6 (2) REQUIREMENTS.—An eligible entity that re-
7 ceives a grant under the prioritization process pilot
8 program shall use the funds as described in each of
9 the following, as applicable:
10 (A) METROPOLITAN TRANSPORTATION PLAN-
† HR 3684 EAS
235
1 paragraph (1)(A), that the metropoli-
2 tan planning organization has deter-
3 mined support—
4 (aa) factors described in sec-
5 tion 134(h) of title 23, United
6 States Code, and section 5303(h)
7 of title 49, United States Code;
8 (bb) targets for national per-
9 formance measures under section
10 150(b) of title 23, United States
11 Code;
12 (cc) applicable transpor-
13 tation goals in the metropolitan
14 planning area or State set by the
15 applicable transportation agency;
16 and
17 (dd) priority objectives devel-
18 oped under paragraph (1)(A);
19 (II) evaluate the outcomes for each
20 proposed project on the basis of the
21 benefits of the proposed project with re-
22 spect to each of the criteria described
23 in subclause (I) relative to the cost of
24 the proposed project; and
† HR 3684 EAS
236
1 (III) use the evaluation under
2 subclause (II) to create a ranked list of
3 proposed projects; and
4 (ii) with respect to the priority list
5 under section 134(j)(2)(A) of title 23 and
6 section 5303(j)(2)(A) of title 49, United
7 States Code, include projects according to
8 the rank of the project under clause (i)(III),
9 except as provided in subparagraph (D).
10 (B) STATEWIDE TRANSPORTATION PLAN-
† HR 3684 EAS
237
1 (bb) national transportation
2 goals under section 150(b) of title
3 23, United States Code;
4 (cc) applicable transpor-
5 tation goals in the State; and
6 (dd) the priority objectives
7 developed under paragraph
8 (1)(A);
9 (II) evaluate the outcomes for each
10 proposed project on the basis of the
11 benefits of the proposed project with re-
12 spect to each of the criteria described
13 in subclause (I) relative to the cost of
14 the proposed project; and
15 (III) use the evaluation under
16 subclause (II) to create a ranked list of
17 proposed projects; and
18 (ii) with respect to the statewide trans-
19 portation improvement program under sec-
20 tion 135(g) of title 23, United States Code,
21 and section 5304(g) of title 49, United
22 States Code, include projects according to
23 the rank of the project under clause (i)(III),
24 except as provided in subparagraph (D).
† HR 3684 EAS
238
1 (C) ADDITIONAL TRANSPORTATION PLAN-
† HR 3684 EAS
239
1 (iii) an assessment of geographic bal-
2 ance of projects of the eligible entity; and
3 (iv) the number of projects of the eligi-
4 ble entity in economically distressed areas.
5 (3) MAXIMUM AMOUNT.—The maximum amount
6 of a grant under the prioritization process pilot pro-
7 gram is $2,000,000.
8 (d) APPLICATIONS.—To be eligible to participate in
9 the prioritization process pilot program, an eligible entity
10 shall submit to the Secretary an application at such time,
11 in such manner, and containing such information as the
12 Secretary may require.
13 SEC. 11205. TRAVEL DEMAND DATA AND MODELING.
† HR 3684 EAS
240
1 (B) uses the data and forecasts gathered
2 under subparagraph (A) to compare travel de-
3 mand forecasts with the observed data, includ-
4 ing—
5 (i) traffic counts;
6 (ii) travel mode share and public tran-
7 sit ridership; and
8 (iii) vehicle occupancy measures; and
9 (C) uses the information described in sub-
10 paragraphs (A) and (B)—
11 (i) to develop best practices or guid-
12 ance for States and metropolitan planning
13 organizations to use in forecasting travel
14 demand for future investments in transpor-
15 tation improvements;
16 (ii) to evaluate the impact of transpor-
17 tation investments, including new roadway
18 capacity, on travel behavior and travel de-
19 mand, including public transportation rid-
20 ership, induced highway travel, and conges-
21 tion;
22 (iii) to support more accurate travel
23 demand forecasting by States and metro-
24 politan planning organizations; and
† HR 3684 EAS
241
1 (iv) to enhance the capacity of States
2 and metropolitan planning organizations—
3 (I) to forecast travel demand; and
4 (II) to track observed travel be-
5 havior responses, including induced
6 travel, to changes in transportation ca-
7 pacity, pricing, and land use patterns.
8 (2) SECRETARIAL SUPPORT.—The Secretary
9 shall seek opportunities to support the transportation
10 planning processes under sections 134 and 135 of title
11 23, United States Code, through the provision of data
12 to States and metropolitan planning organizations to
13 improve the quality of plans, models, and forecasts
14 described in this subsection.
15 (3) EVALUATION TOOL.—The Secretary shall de-
16 velop a publicly available multimodal web-based tool
17 for the purpose of enabling States and metropolitan
18 planning organizations to evaluate the effect of invest-
19 ments in highway and public transportation projects
20 on the use and conditions of all transportation assets
21 within the State or area served by the metropolitan
22 planning organization, as applicable.
† HR 3684 EAS
242
1 SEC. 11206. INCREASING SAFE AND ACCESSIBLE TRANSPOR-
2 TATION OPTIONS.
† HR 3684 EAS
243
1 and abilities, which, if permissible under applicable State
2 and local laws, may include—
3 (1) adoption of Complete Streets standards or
4 policies;
5 (2) development of a Complete Streets
6 prioritization plan that identifies a specific list of
7 Complete Streets projects to improve the safety, mobil-
8 ity, or accessibility of a street;
9 (3) development of transportation plans—
10 (A) to create a network of active transpor-
11 tation facilities, including sidewalks, bikeways,
12 or pedestrian and bicycle trails, to connect
13 neighborhoods with destinations such as work-
14 places, schools, residences, businesses, recreation
15 areas, healthcare and child care services, or other
16 community activity centers;
17 (B) to integrate active transportation facili-
18 ties with public transportation service or im-
19 prove access to public transportation;
20 (C) to create multiuse active transportation
21 infrastructure facilities, including bikeways or
22 pedestrian and bicycle trails, that make connec-
23 tions within or between communities;
24 (D) to increase public transportation rider-
25 ship; and
† HR 3684 EAS
244
1 (E) to improve the safety of bicyclists and
2 pedestrians;
3 (4) regional and megaregional planning to ad-
4 dress travel demand and capacity constraints through
5 alternatives to new highway capacity, including
6 through intercity passenger rail; and
7 (5) development of transportation plans and
8 policies that support transit-oriented development.
9 (d) FEDERAL SHARE.—The Federal share of the cost
10 of an activity carried out under this section shall be 80
11 percent, unless the Secretary determines that the interests
12 of the Federal-aid highway program would be best served
13 by decreasing or eliminating the non-Federal share.
14 (e) STATE FLEXIBILITY.—A State or metropolitan
15 planning organization, with the approval of the Secretary,
16 may opt out of the requirements of this section if the State
17 or metropolitan planning organization demonstrates to the
18 Secretary, by not later than 30 days before the Secretary
19 apportions funds for a fiscal year under section 104, that
20 the State or metropolitan planning organization—
21 (1) has Complete Streets standards and policies
22 in place; and
23 (2) has developed an up-to-date Complete Streets
24 prioritization plan as described in subsection (c)(2).
† HR 3684 EAS
245
1 Subtitle C—Project Delivery and
2 Process Improvement
3 SEC. 11301. CODIFICATION OF ONE FEDERAL DECISION.
† HR 3684 EAS
246
1 decision under the National Environmental Policy
2 Act of 1969 (42 U.S.C. 4321 et seq.).’’;
3 (C) in subparagraph (B) of paragraph (5)
4 (as so redesignated), by striking ‘‘process for and
5 completion of any environmental permit’’ and
6 inserting ‘‘process and schedule, including a
7 timetable for and completion of any environ-
8 mental permit’’; and
9 (D) by inserting after paragraph (6) (as so
10 redesignated) the following:
11 ‘‘(7) MAJOR PROJECT.—
† HR 3684 EAS
247
1 ‘‘(iv)(I) the head of the lead agency has
2 determined that an environmental impact
3 statement is required; or
4 ‘‘(II) the head of the lead agency has
5 determined that an environmental assess-
6 ment is required, and the project sponsor re-
7 quests that the project be treated as a major
8 project.
9 ‘‘(B) CLARIFICATION.—In this section, the
10 term ‘major project’ does not have the same
11 meaning as the term ‘major project’ as described
12 in section 106(h).’’;
13 (3) in subsection (b)(1)—
14 (A) by inserting ‘‘, including major
15 projects,’’ after ‘‘all projects’’; and
16 (B) by inserting ‘‘as requested by a project
17 sponsor and’’ after ‘‘applied,’’;
18 (4) in subsection (c)—
19 (A) in paragraph (6)—
20 (i) in subparagraph (B), by striking
21 ‘‘and’’ at the end;
22 (ii) in subparagraph (C), by striking
23 the period at the end and inserting ‘‘; and’’;
24 and
† HR 3684 EAS
248
1 (iii) by adding at the end the fol-
2 lowing:
3 ‘‘(D) to calculate annually the average time
4 taken by the lead agency to complete all environ-
5 mental documents for each project during the
6 previous fiscal year.’’; and
7 (B) by adding at the end the following:
8 ‘‘(7) PROCESS IMPROVEMENTS FOR PROJECTS.—
† HR 3684 EAS
249
1 ‘‘(C) REPORT.—Not later than 2 years after
2 the date of enactment of the Surface Transpor-
3 tation Reauthorization Act of 2021, the Sec-
4 retary shall submit to the Committee on Envi-
5 ronment and Public Works of the Senate and the
6 Committee on Transportation and Infrastructure
7 of the House of Representatives a report that in-
8 cludes—
9 ‘‘(i) the results of the review under sub-
10 paragraph (A); and
11 ‘‘(ii) an analysis of whether additional
12 funding would help the Secretary meet the
13 requirements applicable to projects under
14 this section.’’;
15 (5) in subsection (d)—
16 (A) in paragraph (8)—
17 (i) in the paragraph heading, by strik-
18 ing ‘‘NEPA’’ and inserting ‘‘ENVIRON-
19 MENTAL’’;
† HR 3684 EAS
250
1 (III) by striking ‘‘single environ-
2 ment document’’ and inserting ‘‘single
3 environmental document for each kind
4 of environmental document’’;
5 (iii) in subparagraph (B)(i)—
6 (I) by striking ‘‘an environmental
7 document’’ and inserting ‘‘environ-
8 mental documents’’; and
9 (II) by striking ‘‘permits issued’’
10 and inserting ‘‘authorizations’’; and
11 (iv) by adding at the end the following:
12 ‘‘(D) EXCEPTIONS.—The lead agency may
13 waive the application of subparagraph (A) with
14 respect to a project if—
15 ‘‘(i) the project sponsor requests that
16 agencies issue separate environmental docu-
17 ments;
18 ‘‘(ii) the obligations of a cooperating
19 agency or participating agency under the
20 National Environmental Policy Act of 1969
21 (42 U.S.C. 4321 et seq.) have already been
22 satisfied with respect to the project; or
23 ‘‘(iii) the lead agency determines that
24 reliance on a single environmental docu-
25 ment (as described in subparagraph (A))
† HR 3684 EAS
251
1 would not facilitate timely completion of the
2 environmental review process for the
3 project.’’; and
4 (B) by adding at the end the following:
5 ‘‘(10) TIMELY AUTHORIZATIONS FOR MAJOR
6 PROJECTS.—
† HR 3684 EAS
252
1 ‘‘(ii) the project sponsor requests that
2 the permit or approval follow a different
3 timeline; or
4 ‘‘(iii) an extension would facilitate
5 completion of the environmental review and
6 authorization process of the major project.’’;
7 (6) in subsection (g)(1)—
8 (A) in subparagraph (B)—
9 (i) in clause (ii)(IV), by striking
10 ‘‘schedule for and cost of’’ and inserting
11 ‘‘time required by an agency to conduct an
12 environmental review and make decisions
13 under applicable Federal law relating to a
14 project (including the issuance or denial of
15 a permit or license) and the cost of’’; and
16 (ii) by adding at the end the following:
17 ‘‘(iii) MAJOR PROJECT SCHEDULE.—
† HR 3684 EAS
253
1 for major projects, as measured from, as ap-
2 plicable—
3 ‘‘(I) the date of publication of a
4 notice of intent to prepare an environ-
5 mental impact statement to the record
6 of decision; or
7 ‘‘(II) the date on which the head
8 of the lead agency determines that an
9 environmental assessment is required
10 to a finding of no significant impact.’’;
11 (B) by striking subparagraph (D) and in-
12 serting the following:
13 ‘‘(D) MODIFICATION.—
14 ‘‘(i) IN GENERAL.—Except as provided
15 in clause (ii), the lead agency may lengthen
16 or shorten a schedule established under sub-
17 paragraph (B) for good cause.
18 ‘‘(ii) EXCEPTIONS.—
19 ‘‘(I) MAJOR PROJECTS.—In the
20 case of a major project, the lead agency
21 may lengthen a schedule under clause
22 (i) for a cooperating Federal agency by
23 not more than 1 year after the latest
24 deadline established for the major
25 project by the lead agency.
† HR 3684 EAS
254
1 ‘‘(II) SHORTENED SCHEDULES.—
† HR 3684 EAS
255
1 House of Representatives a copy of the
2 report under clause (i); and
3 ‘‘(II) make the report under clause
4 (i) publicly available on the internet.’’;
5 (7) in subsection (n), by adding at the end the
6 following:
7 ‘‘(3) LENGTH OF ENVIRONMENTAL DOCUMENT.—
† HR 3684 EAS
256
1 ‘‘(1) IN GENERAL.—The Secretary shall establish
2 a performance accountability system to track each
3 major project.
4 ‘‘(2) REQUIREMENTS.—The performance ac-
5 countability system under paragraph (1) shall, for
6 each major project, track, at a minimum—
7 ‘‘(A) the environmental review process for
8 the major project, including the project schedule;
9 ‘‘(B) whether the lead agency, cooperating
10 agencies, and participating agencies are meeting
11 the schedule established for the environmental re-
12 view process; and
13 ‘‘(C) the time taken to complete the environ-
14 mental review process.
15 ‘‘(q) DEVELOPMENT OF CATEGORICAL EXCLUSIONS.—
16 ‘‘(1) IN GENERAL.—Not later than 60 days after
17 the date of enactment of this subsection, and every 4
18 years thereafter, the Secretary shall—
19 ‘‘(A) in consultation with the agencies de-
20 scribed in paragraph (2), identify the categorical
21 exclusions described in section 771.117 of title
22 23, Code of Federal Regulations (or successor
23 regulations), that would accelerate delivery of a
24 project if those categorical exclusions were avail-
25 able to those agencies;
† HR 3684 EAS
257
1 ‘‘(B) collect existing documentation and
2 substantiating information on the categorical ex-
3 clusions described in subparagraph (A); and
4 ‘‘(C) provide to each agency described in
5 paragraph (2)—
6 ‘‘(i) a list of the categorical exclusions
7 identified under subparagraph (A); and
8 ‘‘(ii) the documentation and substan-
9 tiating information under subparagraph
10 (B).
11 ‘‘(2) AGENCIES DESCRIBED.—The agencies re-
12 ferred to in paragraph (1) are—
13 ‘‘(A) the Department of the Interior;
14 ‘‘(B) the Department of the Army;
15 ‘‘(C) the Department of Commerce;
16 ‘‘(D) the Department of Agriculture;
17 ‘‘(E) the Department of Energy;
18 ‘‘(F) the Department of Defense; and
19 ‘‘(G) any other Federal agency that has
20 participated in an environmental review process
21 for a project, as determined by the Secretary.
22 ‘‘(3) ADOPTION OF CATEGORICAL EXCLUSIONS.—
† HR 3684 EAS
258
1 in paragraph (2) shall publish a notice of pro-
2 posed rulemaking to propose any categorical ex-
3 clusions from the list applicable to the agency,
4 subject to the condition that the categorical ex-
5 clusion identified under paragraph (1)(A) meets
6 the criteria for a categorical exclusion under sec-
7 tion 1508.1 of title 40, Code of Federal Regula-
8 tions (or successor regulations).
9 ‘‘(B) PUBLIC COMMENT.—In a notice of
10 proposed rulemaking under subparagraph (A),
11 the applicable agency may solicit comments on
12 whether any of the proposed new categorical ex-
13 clusions meet the criteria for a categorical exclu-
14 sion under section 1508.1 of title 40, Code of
15 Federal Regulations (or successor regulations).’’.
16 (b) CLERICAL AMENDMENT.—The analysis for chapter
17 1 of title 23, United States Code, is amended by striking
18 the item relating to section 139 and inserting the following:
‘‘139. Efficient environmental reviews for project decisionmaking and One Federal
Decision.’’.
† HR 3684 EAS
259
1 SEC. 11303. TRANSPORTATION MANAGEMENT PLANS.
† HR 3684 EAS
260
1 (2) is consistently implemented by the Depart-
2 ment nationwide; and
3 (3) is disseminated to Federal-aid recipients.
4 (c) SAVINGS PROVISION.—Nothing in this section pre-
5 vents the Secretary from amending part 940 of title 23,
6 Code of Federal Regulations (or successor regulations), to
7 reduce State administrative burdens.
8 SEC. 11305. ALTERNATIVE CONTRACTING METHODS.
† HR 3684 EAS
261
1 sections 203(a)(1) and 204(a)(1) and paragraphs
2 (1) and (2) of section 308(a); or
3 ‘‘(C) a Tribal government, in using funds
4 pursuant to section 202(b)(7)(D).
5 ‘‘(2) METHODS DESCRIBED.—The contracting
6 methods referred to in paragraph (1) shall include, at
7 a minimum—
8 ‘‘(A) project bundling;
9 ‘‘(B) bridge bundling;
10 ‘‘(C) design-build contracting;
11 ‘‘(D) 2-phase contracting;
12 ‘‘(E) long-term concession agreements; and
13 ‘‘(F) any method tested, or that could be
14 tested, under an experimental program relating
15 to contracting methods carried out by the Sec-
16 retary.
17 ‘‘(3) EFFECT.—Nothing in this subsection—
18 ‘‘(A) affects the application of the Federal
19 share for the project carried out with a con-
20 tracting method under this subsection; or
21 ‘‘(B) modifies the point of obligation of Fed-
22 eral salaries and expenses.’’.
23 (b) COOPERATION WITH FEDERAL AND STATE AGEN-
24 CIES AND FOREIGN COUNTRIES.—Section 308(a) of title 23,
† HR 3684 EAS
262
1 United States Code, is amended by adding at the end the
2 following:
3 ‘‘(4) ALTERNATIVE CONTRACTING METHODS.—
† HR 3684 EAS
263
1 section 201(f) or 308(a)(4) of title 23, United States Code,
2 the Secretary shall—
3 (1) in consultation with the applicable Federal
4 land management agencies, establish clear procedures
5 that are—
6 (A) applicable to the alternative contracting
7 method; and
8 (B) to the maximum extent practicable,
9 consistent with the requirements applicable to
10 Federal procurement transactions;
11 (2) solicit input on the use of the alternative con-
12 tracting method from the affected industry prior to
13 using the method; and
14 (3) analyze and prepare an evaluation of the use
15 of the alternative contracting method.
16 SEC. 11306. FLEXIBILITY FOR PROJECTS.
† HR 3684 EAS
264
1 ‘‘(1) the requirements of title 23, United States
2 Code; and
3 ‘‘(2) other requirements administered by the Sec-
4 retary, in whole or in part.’’; and
5 (2) in subsection (b)(2)(A), by inserting ‘‘(in-
6 cluding regulations)’’ after ‘‘environmental law’’.
7 SEC. 11307. IMPROVED FEDERAL-STATE STEWARDSHIP AND
8 OVERSIGHT AGREEMENTS.
† HR 3684 EAS
265
1 notice requesting public comment on ways to improve
2 the template.
3 (2) COMMENT PERIOD.—The Secretary shall pro-
4 vide a period of not less than 60 days for public com-
5 ment on the notice under paragraph (1).
6 (3) CERTAIN ISSUES.—The notice under para-
7 graph (1) shall allow comment on any aspect of the
8 template and shall specifically request public com-
9 ment on—
10 (A) whether the template should be revised
11 to delete standard terms requiring approval by
12 the Secretary of the policies, procedures, proc-
13 esses, or manuals of the States, or other State ac-
14 tions, if Federal law (including regulations) does
15 not specifically require an approval;
16 (B) opportunities to modify the template to
17 allow adjustments to the review schedules for
18 State practices or actions, including through
19 risk-based approaches, program reviews, process
20 reviews, or other means; and
21 (C) any other matters that the Secretary de-
22 termines to be appropriate.
23 (c) NOTICE OF ACTION; UPDATES.—
24 (1) IN GENERAL.—Not later than 1 year after
25 the date of enactment of this Act, after considering the
† HR 3684 EAS
266
1 comments received in response to the Federal Register
2 notice under subsection (b), the Secretary shall pub-
3 lish in the Federal Register a notice that—
4 (A) describes any proposed changes to be
5 made, and any alternatives to such changes, to
6 the template;
7 (B) addresses comments in response to
8 which changes were not made to the template;
9 and
10 (C) prescribes a schedule and a plan to exe-
11 cute a process for implementing the changes re-
12 ferred to in subparagraph (A).
13 (2) APPROVAL REQUIREMENTS.—In addressing
14 comments under paragraph (1)(B), the Secretary
15 shall include an explanation of the basis for retaining
16 any requirement for approval of State policies, proce-
17 dures, processes, or manuals, or other State actions,
18 if Federal law (including regulations) does not spe-
19 cifically require the approval.
20 (3) IMPLEMENTATION.—
21 (A) IN GENERAL.—Not later than 60 days
22 after the date on which the notice under para-
23 graph (1) is published, the Secretary shall make
24 changes to the template in accordance with—
† HR 3684 EAS
267
1 (i) the changes described in the notice
2 under paragraph (1)(A); and
3 (ii) the schedule and plan described in
4 the notice under paragraph (1)(C).
5 (B) UPDATES.—Not later than 1 year after
6 the date on which the revised template under
7 subparagraph (A) is published, the Secretary
8 shall update existing agreements with States ac-
9 cording to the template updated under subpara-
10 graph (A).
11 (d) INCLUSION OF NON-STANDARD TERMS.—Nothing
12 in this section precludes the inclusion in a Federal-State
13 stewardship and oversight agreement of non-standard terms
14 to address a State-specific matter, including risk-based
15 stewardship and Department oversight involvement in indi-
16 vidual projects of division interest.
17 (e) COMPLIANCE WITH NON-STATUTORY TERMS.—
18 (1) IN GENERAL.—The Secretary shall not en-
19 force or otherwise require a State to comply with ap-
20 proval requirements that are not required by Federal
21 law (including regulations) in a Federal-State stew-
22 ardship and oversight agreement.
23 (2) APPROVAL AUTHORITY.—Notwithstanding
† HR 3684 EAS
268
1 State stewardship and oversight agreement reserved to
2 States.
3 (f) FREQUENCY OF REVIEWS.—Section 106(g)(3) of
4 title 23, United States Code, is amended—
5 (1) by striking ‘‘annual’’;
6 (2) by striking ‘‘The Secretary’’ and inserting
7 the following:
8 ‘‘(A) IN GENERAL.—The Secretary’’; and
9 (3) by adding at the end the following:
10 ‘‘(B) FREQUENCY.—
11 ‘‘(i) IN GENERAL.—Except as provided
12 in clauses (ii) and (iii), the Secretary shall
13 carry out a review under subparagraph (A)
14 not less frequently than once every 2 years.
15 ‘‘(ii) CONSULTATION WITH STATE.—
† HR 3684 EAS
269
1 more frequently than provided under that
2 clause.’’.
3 SEC. 11308. GEOMATIC DATA.
† HR 3684 EAS
270
1 SEC. 11309. EVALUATION OF PROJECTS WITHIN AN OPER-
2 ATIONAL RIGHT-OF-WAY.
7 ‘‘(a) DEFINITIONS.—
8 ‘‘(1) ELIGIBLE PROJECT OR ACTIVITY.—
† HR 3684 EAS
272
1 approval, or jurisdictional determination for an eligi-
2 ble project or activity.
3 ‘‘(b) ACTION REQUIRED.—
4 ‘‘(1) IN GENERAL.—Subject to paragraph (2),
5 not later than 45 days after the date of receipt of an
6 application by a State for a permit, approval, or ju-
7 risdictional determination for an eligible project or
8 activity, the head of the relevant agency shall—
9 ‘‘(A) make at least a preliminary evalua-
10 tion of the application; and
11 ‘‘(B) notify the State of the results of the
12 preliminary evaluation under subparagraph (A).
13 ‘‘(2) EXTENSION.—The head of the relevant
14 agency may extend the review period under para-
15 graph (1) by not more than 30 days if the head of
16 the relevant agency provides to the State written no-
17 tice that includes an explanation of the need for the
18 extension.
19 ‘‘(3) FAILURE TO ACT.—If the head of the rel-
20 evant agency fails to meet a deadline under para-
21 graph (1) or (2), as applicable, the head of the rel-
22 evant agency shall—
23 ‘‘(A) not later than 30 days after the date
24 of the missed deadline, submit to the State, the
25 Committee on Environment and Public Works of
† HR 3684 EAS
273
1 the Senate, and the Committee on Transpor-
2 tation and Infrastructure of the House of Rep-
3 resentatives a report that describes why the dead-
4 line was missed; and
5 ‘‘(B) not later than 14 days after the date
6 on which a report is submitted under subpara-
7 graph (A), make publicly available, including on
8 the internet, a copy of that report.’’.
9 (b) CLERICAL AMENDMENT.—The analysis for chapter
10 3 of title 23, United States Code, is amended by adding
11 at the end the following:
‘‘331. Evaluation of projects within an operational right-of-way.’’.
† HR 3684 EAS
274
1 SEC. 11311. EFFICIENT IMPLEMENTATION OF NEPA FOR
11 DOCUMENTS.—
† HR 3684 EAS
276
1 ‘‘(C) USE OF SAME DOCUMENT.—In author-
2 izing or implementing a project, a Federal land
3 management agency may use an environmental
4 document previously prepared by the Federal
5 Highway Administration for a project address-
6 ing the same or substantially the same action to
7 the same extent that the Federal land manage-
8 ment agency could adopt or use a document pre-
9 viously prepared by another Federal agency.
10 ‘‘(4) APPLICATION BY FEDERAL LAND MANAGE-
† HR 3684 EAS
277
1 ronmental Policy Act of 1969 (42 U.S.C. 4321 et
2 seq.); and
3 ‘‘(C) the use of the categorical exclusion does
4 not otherwise conflict with the implementing reg-
5 ulations of the project sponsor, except any list of
6 the project sponsor that designates categorical ex-
7 clusions.
8 ‘‘(5) MITIGATION COMMITMENTS.—The Secretary
9 shall assist the Federal land management agency with
10 all design and mitigation commitments made jointly
11 by the Secretary and the project sponsor in any envi-
12 ronmental document prepared by the Secretary in ac-
13 cordance with this subsection.’’.
14 SEC. 11312. NATIONAL ENVIRONMENTAL POLICY ACT OF
† HR 3684 EAS
278
1 ‘‘(2) DOCUMENTED CATEGORICAL EXCLUSION.—
† HR 3684 EAS
279
1 involvement required to be carried out before the Sec-
2 retary undertakes a proposed action.
3 ‘‘(7) PROPOSED ACTION.—The term ‘proposed ac-
4 tion’ means an action (within the meaning of the Na-
5 tional Environmental Policy Act of 1969 (42 U.S.C.
6 4321 et seq.)) under this title that the Secretary pro-
7 poses to carry out.
8 ‘‘(8) REPORTING PERIOD.—The term ‘reporting
9 period’ means the fiscal year prior to the fiscal year
10 in which a report is issued under subsection (b).
11 ‘‘(9) SECRETARY.—The term ‘Secretary’ includes
12 the governor or head of an applicable State agency of
13 a State that has assumed responsibility under section
14 327.
15 ‘‘(b) REPORT ON NEPA DATA.—
16 ‘‘(1) IN GENERAL.—The Secretary shall carry
17 out a process to track, and annually submit to the
18 Committee on Environment and Public Works of the
19 Senate and the Committee on Transportation and In-
20 frastructure of the House of Representatives a report
21 containing, the information described in paragraph
22 (3).
23 ‘‘(2) TIME TO COMPLETE.—For purposes of
24 paragraph (3), the NEPA process—
† HR 3684 EAS
280
1 ‘‘(A) for an environmental impact state-
2 ment—
3 ‘‘(i) begins on the date on which the
4 Notice of Intent is published in the Federal
5 Register; and
6 ‘‘(ii) ends on the date on which the
7 Secretary issues a record of decision, in-
8 cluding, if necessary, a revised record of de-
9 cision; and
10 ‘‘(B) for an environmental assessment—
11 ‘‘(i) begins on the date on which the
12 Secretary makes a determination to prepare
13 an environmental assessment; and
14 ‘‘(ii) ends on the date on which the
15 Secretary issues a finding of no significant
16 impact or determines that preparation of
17 an environmental impact statement is nec-
18 essary.
19 ‘‘(3) INFORMATION DESCRIBED.—The informa-
20 tion referred to in paragraph (1) is, with respect to
21 the Department of Transportation—
22 ‘‘(A) the number of proposed actions for
23 which a categorical exclusion was issued during
24 the reporting period;
† HR 3684 EAS
281
1 ‘‘(B) the number of proposed actions for
2 which a documented categorical exclusion was
3 issued by the Department of Transportation dur-
4 ing the reporting period;
5 ‘‘(C) the number of proposed actions pend-
6 ing on the date on which the report is submitted
7 for which the issuance of a documented categor-
8 ical exclusion by the Department of Transpor-
9 tation is pending;
10 ‘‘(D) the number of proposed actions for
11 which an environmental assessment was issued
12 by the Department of Transportation during the
13 reporting period;
14 ‘‘(E) the length of time the Department of
15 Transportation took to complete each environ-
16 mental assessment described in subparagraph
17 (D);
18 ‘‘(F) the number of proposed actions pend-
19 ing on the date on which the report is submitted
20 for which an environmental assessment is being
21 drafted by the Department of Transportation;
22 ‘‘(G) the number of proposed actions for
23 which an environmental impact statement was
24 completed by the Department of Transportation
25 during the reporting period;
† HR 3684 EAS
282
1 ‘‘(H) the length of time that the Department
2 of Transportation took to complete each environ-
3 mental impact statement described in subpara-
4 graph (G);
5 ‘‘(I) the number of proposed actions pend-
6 ing on the date on which the report is submitted
7 for which an environmental impact statement is
8 being drafted; and
9 ‘‘(J) for the proposed actions reported under
10 subparagraphs (F) and (I), the percentage of
11 those proposed actions for which—
12 ‘‘(i) funding has been identified; and
13 ‘‘(ii) all other Federal, State, and local
14 activities that are required to allow the pro-
15 posed action to proceed are completed.’’.
16 (b) CLERICAL AMENDMENT.—The analysis for chapter
17 1 of title 23, United States Code, is amended by inserting
18 after the item relating to section 156 the following:
‘‘157. National Environmental Policy Act of 1969 reporting program.’’.
† HR 3684 EAS
284
1 (4) by adding at the end the following:
2 ‘‘(m) AGENCY DEEMED TO BE FEDERAL AGENCY.—
3 A State agency that is assigned a responsibility under an
4 agreement under this section shall be deemed to be an agen-
5 cy for the purposes of section 2412 of title 28.’’.
6 SEC. 11314. STATE ASSUMPTION OF RESPONSIBILITY FOR
7 CATEGORICAL EXCLUSIONS.
† HR 3684 EAS
285
1 SEC. 11315. EARLY UTILITY RELOCATION PRIOR TO TRANS-
3 VIEW.
† HR 3684 EAS
287
1 ‘‘(3) REQUIREMENT.—A reimbursement under
2 paragraph (1) shall be made only if the State dem-
3 onstrates to the satisfaction of the Secretary that the
4 State paid the cost of the utility relocation activity
5 from funds of the State with respect to transportation
6 projects for which Federal funds are obligated subse-
7 quent to April 16, 1958, for work, including utility
8 relocation activities.
9 ‘‘(4) REIMBURSEMENT ELIGIBILITY FOR EARLY
† HR 3684 EAS
288
1 ‘‘(i) the early utility relocation project
2 is necessary to accommodate a transpor-
3 tation project;
4 ‘‘(ii) the State provides adequate docu-
5 mentation to the Secretary of eligible costs
6 incurred by the State for the early utility
7 relocation project;
8 ‘‘(iii) before the commencement of the
9 utility relocation activities, an environ-
10 mental review process was completed for the
11 early utility relocation project that resulted
12 in a finding that the early utility relocation
13 project—
14 ‘‘(I) would not result in signifi-
15 cant adverse environmental impacts;
16 and
17 ‘‘(II) would comply with other ap-
18 plicable Federal environmental re-
19 quirements;
20 ‘‘(iv) the early utility relocation project
21 did not influence—
22 ‘‘(I) the environmental review
23 process for the transportation project;
† HR 3684 EAS
289
1 ‘‘(II) the decision relating to the
2 need to construct the transportation
3 project; or
4 ‘‘(III) the selection of the trans-
5 portation project design or location;
6 ‘‘(v) the early utility relocation project
7 complies with all applicable provisions of
8 law, including regulations issued pursuant
9 to this title;
10 ‘‘(vi) the early utility relocation project
11 follows applicable financial procedures and
12 requirements, including documentation of
13 eligible costs and the requirements under
14 section 109(l), but not including require-
15 ments applicable to authorization and obli-
16 gation of Federal funds;
17 ‘‘(vii) the transportation project for
18 which the early utility relocation project
19 was necessitated was included in the appli-
20 cable transportation improvement program
21 under section 134 or 135;
22 ‘‘(viii) before the cost incurred by a
23 State is approved for Federal participation,
24 environmental compliance pursuant to the
25 National Environmental Policy Act of 1969
† HR 3684 EAS
290
1 (42 U.S.C. 4321 et seq.) has been completed
2 for the transportation project for which the
3 early utility relocation project was neces-
4 sitated; and
5 ‘‘(ix) the transportation project that
6 necessitated the utility relocation activity is
7 approved for construction.
8 ‘‘(C) SAVINGS PROVISION.—Nothing in this
9 paragraph affects other eligibility requirements
10 or authorities for Federal participation in pay-
11 ment of costs incurred for utility relocation ac-
12 tivities.
13 ‘‘(c) APPLICABILITY OF OTHER PROVISIONS.—Nothing
14 in this section affects the applicability of other requirements
15 that would otherwise apply to an early utility relocation
16 project, including any applicable requirements under—
17 ‘‘(1) section 138;
18 ‘‘(2) the Uniform Relocation Assistance and Real
19 Property Acquisition Policies Act of 1970 (42 U.S.C.
20 4601 et seq.), including regulations under part 24 of
21 title 49, Code of Federal Regulations (or successor reg-
22 ulations);
23 ‘‘(3) title VI of the Civil Rights Act of 1964 (42
24 U.S.C. 2000d et seq.); or
25 ‘‘(4) an environmental review process.’’.
† HR 3684 EAS
291
1 SEC. 11316. STREAMLINING OF SECTION 4(F) REVIEWS.
† HR 3684 EAS
293
1 SEC. 11317. CATEGORICAL EXCLUSION FOR PROJECTS OF
† HR 3684 EAS
295
1 ing unit’’ does not include a common carrier
2 pipeline.
3 (3) INDIAN LAND.—The term ‘‘Indian land’’
4 means land the title to which is held by—
5 (A) the United States in trust for an In-
6 dian Tribe or an individual Indian; or
7 (B) an Indian Tribe or an individual In-
8 dian subject to a restriction by the United States
9 against alienation.
10 (4) PRODUCED WATER.—The term ‘‘produced
11 water’’ means water produced from an oil or gas well
12 bore that is not a fluid prepared at, or transported
13 to, the well site to resolve a specific oil or gas well
14 bore or reservoir condition.
15 (5) SECRETARY.—The term ‘‘Secretary’’ means
16 the Secretary of the Interior.
17 (b) CERTAIN GATHERING LINES.—
18 (1) IN GENERAL.—Subject to paragraph (2), the
19 issuance of a sundry notice or right-of-way for a
20 gathering line and associated field compression or
21 pumping unit that is located on Federal land or In-
22 dian land and that services any oil or gas well may
23 be considered by the Secretary to be an action that is
24 categorically excluded (as defined in section 1508.1 of
25 title 40, Code of Federal Regulations (as in effect on
† HR 3684 EAS
296
1 the date of enactment of this Act)) for purposes of the
2 National Environmental Policy Act of 1969 (42
3 U.S.C. 4321 et seq.) if the gathering line and associ-
4 ated field compression or pumping unit—
5 (A) are within a field or unit for which an
6 approved land use plan or an environmental
7 document prepared pursuant to the National
8 Environmental Policy Act of 1969 (42 U.S.C.
9 4321 et seq.) analyzed transportation of oil, nat-
10 ural gas, or produced water from 1 or more oil
11 or gas wells in the field or unit as a reasonably
12 foreseeable activity;
13 (B) are located adjacent to or within—
14 (i) any existing disturbed area; or
15 (ii) an existing corridor for a right-of-
16 way; and
17 (C) would reduce—
18 (i) in the case of a gathering line and
19 associated field compression or pumping
20 unit transporting methane, the total quan-
21 tity of methane that would otherwise be
22 vented, flared, or unintentionally emitted
23 from the field or unit; or
24 (ii) in the case of a gathering line and
25 associated field compression or pumping
† HR 3684 EAS
297
1 unit not transporting methane, the vehic-
2 ular traffic that would otherwise service the
3 field or unit.
4 (2) APPLICABILITY.—Paragraph (1) shall apply
5 to Indian land, or a portion of Indian land—
6 (A) to which the National Environmental
7 Policy Act of 1969 (42 U.S.C. 4321 et seq.) ap-
8 plies; and
9 (B) for which the Indian Tribe with juris-
10 diction over the Indian land submits to the Sec-
11 retary a written request that paragraph (1)
12 apply to that Indian land (or portion of Indian
13 land).
14 (c) EFFECT ON OTHER LAW.—Nothing in this sec-
15 tion—
16 (1) affects or alters any requirement—
17 (A) relating to prior consent under—
18 (i) section 2 of the Act of February 5,
19 1948 (62 Stat. 18, chapter 45; 25 U.S.C.
20 324); or
21 (ii) section 16(e) of the Act of June 18,
22 1934 (48 Stat. 987, chapter 576; 102 Stat.
23 2939; 114 Stat. 47; 25 U.S.C. 5123(e))
24 (commonly known as the ‘‘Indian Reorga-
25 nization Act’’);
† HR 3684 EAS
298
1 (B) under section 306108 of title 54, United
2 States Code; or
3 (C) under any other Federal law (including
4 regulations) relating to Tribal consent for rights-
5 of-way across Indian land; or
6 (2) makes the National Environmental Policy
7 Act of 1969 (42 U.S.C. 4321 et seq.) applicable to
8 land to which that Act otherwise would not apply.
9 SEC. 11319. ANNUAL REPORT.
† HR 3684 EAS
299
1 (1) a brief description of the covered project, in-
2 cluding—
3 (A) the purpose of the covered project;
4 (B) each location in which the covered
5 project is carried out;
6 (C) the contract or award number of the
7 covered project, if applicable;
8 (D) the year in which the covered project
9 was initiated;
10 (E) the Federal share of the total cost of the
11 covered project; and
12 (F) each primary contractor, subcontractor,
13 grant recipient, and subgrantee recipient of the
14 covered project;
15 (2) an explanation of any change to the original
16 scope of the covered project, including by the addition
17 or narrowing of the initial requirements of the cov-
18 ered project;
19 (3) the original expected date for completion of
20 the covered project;
21 (4) the current expected date for completion of
22 the covered project;
23 (5) the original cost estimate for the covered
24 project, as adjusted to reflect increases in the Con-
† HR 3684 EAS
300
1 sumer Price Index for All Urban Consumers, as pub-
2 lished by the Bureau of Labor Statistics;
3 (6) the current cost estimate for the covered
4 project, as adjusted to reflect increases in the Con-
5 sumer Price Index for All Urban Consumers, as pub-
6 lished by the Bureau of Labor Statistics;
7 (7) an explanation for a delay in completion or
8 an increase in the original cost estimate for the cov-
9 ered project, including, where applicable, any impact
10 of insufficient or delayed appropriations; and
11 (8) the amount of and rationale for any award,
12 incentive fee, or other type of bonus, if any, awarded
13 for the covered project.
14 Subtitle D—Climate Change
15 SEC. 11401. GRANTS FOR CHARGING AND FUELING INFRA-
16 STRUCTURE.
† HR 3684 EAS
301
1 (b) GRANT PROGRAM.—Section 151 of title 23, United
2 States Code, is amended—
3 (1) in subsection (a)—
4 (A) by striking ‘‘Not later than 1 year after
5 the date of enactment of the FAST Act, the Sec-
6 retary shall’’ and inserting ‘‘The Secretary shall
7 periodically’’; and
8 (B) by striking ‘‘to improve the mobility’’
9 and inserting ‘‘to support changes in the trans-
10 portation sector that help achieve a reduction in
11 greenhouse gas emissions and improve the mobil-
12 ity’’;
13 (2) in subsection (b)(2), by inserting ‘‘previously
14 designated by the Federal Highway Administration
15 or’’ before ‘‘designated by’’;
16 (3) by striking subsection (d) and inserting the
17 following:
18 ‘‘(d) REDESIGNATION.—
19 ‘‘(1) INITIAL REDESIGNATION.—Not later than
20 180 days after the date of enactment of the Surface
21 Transportation Reauthorization Act of 2021, the Sec-
22 retary shall update and redesignate the corridors
23 under subsection (a).
24 ‘‘(2) SUBSEQUENT REDESIGNATION.—The Sec-
25 retary shall establish a recurring process to regularly
† HR 3684 EAS
302
1 update and redesignate the corridors under subsection
2 (a).’’;
3 (4) in subsection (e)—
4 (A) in paragraph (1), by striking ‘‘and’’ at
5 the end;
6 (B) in paragraph (2)—
7 (i) by striking ‘‘establishes an aspira-
8 tional goal of achieving’’ and inserting ‘‘de-
9 scribes efforts, including through funds
10 awarded through the grant program under
11 subsection (f), that will aid efforts to
12 achieve’’; and
13 (ii) by striking ‘‘by the end of fiscal
14 year 2020.’’ and inserting ‘‘; and’’; and
15 (C) by adding at the end the following:
16 ‘‘(3) summarizes best practices and provides
17 guidance, developed through consultation with the
18 Secretary of Energy, for project development of elec-
19 tric vehicle charging infrastructure, hydrogen fueling
20 infrastructure, propane fueling infrastructure and
21 natural gas fueling infrastructure at the State, Trib-
22 al, and local level to allow for the predictable deploy-
23 ment of that infrastructure.’’; and
24 (5) by adding at the end the following:
25 ‘‘(f) GRANT PROGRAM.—
† HR 3684 EAS
303
1 ‘‘(1) DEFINITION OF PRIVATE ENTITY.—In this
2 subsection, the term ‘private entity’ means a corpora-
3 tion, partnership, company, or nonprofit organiza-
4 tion.
5 ‘‘(2) ESTABLISHMENT.—Not later than 1 year
6 after the date of enactment of the Surface Transpor-
7 tation Reauthorization Act of 2021, the Secretary
8 shall establish a grant program to award grants to el-
9 igible entities to carry out the activities described in
10 paragraph (6).
11 ‘‘(3) ELIGIBLE ENTITIES.—An entity eligible to
12 receive a grant under this subsection is—
13 ‘‘(A) a State or political subdivision of a
14 State;
15 ‘‘(B) a metropolitan planning organization;
16 ‘‘(C) a unit of local government;
17 ‘‘(D) a special purpose district or public
18 authority with a transportation function, includ-
19 ing a port authority;
20 ‘‘(E) an Indian tribe (as defined in section
21 4 of the Indian Self-Determination and Edu-
22 cation Assistance Act (25 U.S.C. 5304));
23 ‘‘(F) a territory of the United States;
24 ‘‘(G) an authority, agency, or instrumen-
25 tality of, or an entity owned by, 1 or more enti-
† HR 3684 EAS
304
1 ties described in subparagraphs (A) through (F);
2 or
3 ‘‘(H) a group of entities described in sub-
4 paragraphs (A) through (G).
5 ‘‘(4) APPLICATIONS.—To be eligible to receive a
6 grant under this subsection, an eligible entity shall
7 submit to the Secretary an application at such time,
8 in such manner, and containing such information as
9 the Secretary shall require, including—
10 ‘‘(A) a description of how the eligible entity
11 has considered—
12 ‘‘(i) public accessibility of charging or
13 fueling infrastructure proposed to be funded
14 with a grant under this subsection, includ-
15 ing—
16 ‘‘(I) charging or fueling connector
17 types and publicly available informa-
18 tion on real-time availability; and
19 ‘‘(II) payment methods to ensure
20 secure, convenient, fair, and equal ac-
21 cess;
22 ‘‘(ii) collaborative engagement with
23 stakeholders (including automobile manu-
24 facturers, utilities, infrastructure providers,
25 technology providers, electric charging, hy-
† HR 3684 EAS
305
1 drogen, propane, and natural gas fuel pro-
2 viders, metropolitan planning organiza-
3 tions, States, Indian tribes, and units of
4 local governments, fleet owners, fleet man-
5 agers, fuel station owners and operators,
6 labor organizations, infrastructure construc-
7 tion and component parts suppliers, and
8 multi-State and regional entities)—
9 ‘‘(I) to foster enhanced, coordi-
10 nated, public-private or private invest-
11 ment in electric vehicle charging infra-
12 structure, hydrogen fueling infrastruc-
13 ture, propane fueling infrastructure, or
14 natural gas fueling infrastructure;
15 ‘‘(II) to expand deployment of
16 electric vehicle charging infrastructure,
17 hydrogen fueling infrastructure, pro-
18 pane fueling infrastructure, or natural
19 gas fueling infrastructure;
20 ‘‘(III) to protect personal privacy
21 and ensure cybersecurity; and
22 ‘‘(IV) to ensure that a properly
23 trained workforce is available to con-
24 struct and install electric vehicle charg-
25 ing infrastructure, hydrogen fueling
† HR 3684 EAS
306
1 infrastructure, propane fueling infra-
2 structure, or natural gas fueling infra-
3 structure;
4 ‘‘(iii) the location of the station or
5 fueling site, such as consideration of—
6 ‘‘(I) the availability of onsite
7 amenities for vehicle operators, such as
8 restrooms or food facilities;
9 ‘‘(II) access in compliance with
10 the Americans with Disabilities Act of
11 1990 (42 U.S.C. 12101 et seq.);
12 ‘‘(III) height and fueling capacity
13 requirements for facilities that charge
14 or refuel large vehicles, such as semi-
15 trailer trucks; and
16 ‘‘(IV) appropriate distribution to
17 avoid redundancy and fill charging or
18 fueling gaps;
19 ‘‘(iv) infrastructure installation that
20 can be responsive to technology advance-
21 ments, such as accommodating autonomous
22 vehicles, vehicle-to-grid technology, and fu-
23 ture charging methods; and
24 ‘‘(v) the long-term operation and
25 maintenance of the electric vehicle charging
† HR 3684 EAS
307
1 infrastructure, hydrogen fueling infrastruc-
2 ture, propane fueling infrastructure, or nat-
3 ural gas fueling infrastructure, to avoid
4 stranded assets and protect the investment
5 of public funds in that infrastructure; and
6 ‘‘(B) an assessment of the estimated emis-
7 sions that will be reduced through the use of elec-
8 tric vehicle charging infrastructure, hydrogen
9 fueling infrastructure, propane fueling infra-
10 structure, or natural gas fueling infrastructure,
11 which shall be conducted using the Alternative
12 Fuel Life-Cycle Environmental and Economic
13 Transportation (AFLEET) tool developed by Ar-
14 gonne National Laboratory (or a successor tool).
15 ‘‘(5) CONSIDERATIONS.—In selecting eligible en-
16 tities to receive a grant under this subsection, the Sec-
17 retary shall—
18 ‘‘(A) consider the extent to which the appli-
19 cation of the eligible entity would—
20 ‘‘(i) improve alternative fueling cor-
21 ridor networks by—
22 ‘‘(I) converting corridor-pending
23 corridors to corridor-ready corridors;
24 or
† HR 3684 EAS
308
1 ‘‘(II) in the case of corridor-ready
2 corridors, providing redundancy—
3 ‘‘(aa) to meet excess demand
4 for charging or fueling infrastruc-
5 ture; or
6 ‘‘(bb) to reduce congestion at
7 existing charging or fueling infra-
8 structure in high-traffic locations;
9 ‘‘(ii) meet current or anticipated mar-
10 ket demands for charging or fueling infra-
11 structure;
12 ‘‘(iii) enable or accelerate the construc-
13 tion of charging or fueling infrastructure
14 that would be unlikely to be completed with-
15 out Federal assistance;
16 ‘‘(iv) support a long-term competitive
17 market for electric vehicle charging infra-
18 structure, hydrogen fueling infrastructure,
19 propane fueling infrastructure, or natural
20 gas fueling infrastructure that does not sig-
21 nificantly impair existing electric vehicle
22 charging infrastructure, hydrogen fueling
23 infrastructure, propane fueling infrastruc-
24 ture, or natural gas fueling infrastructure
25 providers;
† HR 3684 EAS
309
1 ‘‘(v) provide access to electric vehicle
2 charging infrastructure, hydrogen fueling
3 infrastructure, propane fueling infrastruc-
4 ture, or natural gas fueling infrastructure
5 in areas with a current or forecasted need;
6 and
7 ‘‘(vi) deploy electric vehicle charging
8 infrastructure, hydrogen fueling infrastruc-
9 ture, propane fueling infrastructure, or nat-
10 ural gas fueling infrastructure for medium-
11 and heavy-duty vehicles (including along
12 the National Highway Freight Network es-
13 tablished under section 167(c)) and in prox-
14 imity to intermodal transfer stations;
15 ‘‘(B) ensure, to the maximum extent prac-
16 ticable, geographic diversity among grant recipi-
17 ents to ensure that electric vehicle charging in-
18 frastructure, hydrogen fueling infrastructure,
19 propane fueling infrastructure, or natural gas
20 fueling infrastructure is available throughout the
21 United States;
22 ‘‘(C) consider whether the private entity
23 that the eligible entity contracts with under
24 paragraph (6)—
† HR 3684 EAS
310
1 ‘‘(i) submits to the Secretary the most
2 recent year of audited financial statements;
3 and
4 ‘‘(ii) has experience in installing and
5 operating electric vehicle charging infra-
6 structure, hydrogen fueling infrastructure,
7 propane fueling infrastructure, or natural
8 gas fueling infrastructure; and
9 ‘‘(D) consider whether, to the maximum ex-
10 tent practicable, the eligible entity and the pri-
11 vate entity that the eligible entity contracts with
12 under paragraph (6) enter into an agreement—
13 ‘‘(i) to operate and maintain publicly
14 available electric vehicle charging infra-
15 structure, hydrogen fueling infrastructure,
16 propane fueling infrastructure, or natural
17 gas infrastructure; and
18 ‘‘(ii) that provides a remedy and an
19 opportunity to cure if the requirements de-
20 scribed in clause (i) are not met.
21 ‘‘(6) USE OF FUNDS.—
† HR 3684 EAS
311
1 and installation of publicly accessible electric ve-
2 hicle charging infrastructure, hydrogen fueling
3 infrastructure, propane fueling infrastructure, or
4 natural gas fueling infrastructure that is directly
5 related to the charging or fueling of a vehicle.
6 ‘‘(B) LOCATION OF INFRASTRUCTURE.—Any
† HR 3684 EAS
312
1 ural gas fueling infrastructure while the fa-
2 cility transitions to independent system op-
3 erations.
4 ‘‘(ii) INCLUSIONS.—Operating assist-
5 ance under this subparagraph shall be lim-
6 ited to costs allocable to operating and
7 maintaining the electric vehicle charging
8 infrastructure, hydrogen fueling infrastruc-
9 ture, propane fueling infrastructure, or nat-
10 ural gas fueling infrastructure and service.
11 ‘‘(iii) LIMITATION.—Operating assist-
12 ance under this subparagraph may not ex-
13 ceed the amount of a contract under sub-
14 paragraph (A) to acquire and install pub-
15 licly accessible electric vehicle charging in-
16 frastructure, hydrogen fueling infrastruc-
17 ture, propane fueling infrastructure, or nat-
18 ural gas fueling infrastructure.
19 ‘‘(D) TRAFFIC CONTROL DEVICES.—
† HR 3684 EAS
313
1 publicly accessible electric vehicle charging
2 infrastructure, hydrogen fueling infrastruc-
3 ture, propane fueling infrastructure, or nat-
4 ural gas fueling infrastructure acquired, in-
5 stalled, or operated with the grant.
6 ‘‘(ii) APPLICABILITY.—Clause (i) shall
7 apply only to an eligible entity that—
8 ‘‘(I) receives a grant under this
9 subsection; and
10 ‘‘(II) is using that grant for the
11 acquisition and installation of publicly
12 accessible electric vehicle charging in-
13 frastructure, hydrogen fueling infra-
14 structure, propane fueling infrastruc-
15 ture, or natural gas fueling infrastruc-
16 ture.
17 ‘‘(iii) LIMITATION ON AMOUNT.—The
† HR 3684 EAS
314
1 eligible entity that receives a grant under
2 this subsection to acquire and install traffic
3 control devices if the entity is not otherwise
4 authorized to do so.
5 ‘‘(E) REVENUE.—
6 ‘‘(i) IN GENERAL.—An eligible entity
7 receiving a grant under this subsection and
8 a private entity referred to in subparagraph
9 (A) may enter into a cost-sharing agree-
10 ment under which the private entity sub-
11 mits to the eligible entity a portion of the
12 revenue from the electric vehicle charging
13 infrastructure, hydrogen fueling infrastruc-
14 ture, propane fueling infrastructure, or nat-
15 ural gas fueling infrastructure.
16 ‘‘(ii) USES OF REVENUE.—An eligible
17 entity that receives revenue from a cost-
18 sharing agreement under clause (i) may
19 only use that revenue for a project that is
20 eligible under this title.
21 ‘‘(7) CERTAIN FUELS.—The use of grants for
22 propane fueling infrastructure under this subsection
23 shall be limited to infrastructure for medium- and
24 heavy-duty vehicles.
25 ‘‘(8) COMMUNITY GRANTS.—
† HR 3684 EAS
315
1 ‘‘(A) IN GENERAL.—Notwithstanding para-
2 graphs (4), (5), and (6), the Secretary shall re-
3 serve 50 percent of the amounts made available
4 each fiscal year to carry out this section to pro-
5 vide grants to eligible entities in accordance with
6 this paragraph.
7 ‘‘(B) APPLICATIONS.—To be eligible to re-
8 ceive a grant under this paragraph, an eligible
9 entity shall submit to the Secretary an applica-
10 tion at such time, in such manner, and con-
11 taining such information as the Secretary may
12 require.
13 ‘‘(C) ELIGIBLE ENTITIES.—An entity eligi-
14 ble to receive a grant under this paragraph is—
15 ‘‘(i) an entity described in paragraph
16 (3); and
17 ‘‘(ii) a State or local authority with
18 ownership of publicly accessible transpor-
19 tation facilities.
20 ‘‘(D) ELIGIBLE PROJECTS.—The Secretary
21 may provide a grant under this paragraph for
22 a project that is expected to reduce greenhouse
23 gas emissions and to expand or fill gaps in ac-
24 cess to publicly accessible electric vehicle charg-
25 ing infrastructure, hydrogen fueling infrastruc-
† HR 3684 EAS
316
1 ture, propane fueling infrastructure, or natural
2 gas fueling infrastructure, including—
3 ‘‘(i) development phase activities, in-
4 cluding planning, feasibility analysis, rev-
5 enue forecasting, environmental review, pre-
6 liminary engineering and design work, and
7 other preconstruction activities; and
8 ‘‘(ii) the acquisition and installation of
9 electric vehicle charging infrastructure, hy-
10 drogen fueling infrastructure, propane fuel-
11 ing infrastructure, or natural gas fueling
12 infrastructure that is directly related to the
13 charging or fueling of a vehicle, including
14 any related construction or reconstruction
15 and the acquisition of real property directly
16 related to the project, such as locations de-
17 scribed in subparagraph (E), to expand ac-
18 cess to electric vehicle charging infrastruc-
19 ture, hydrogen fueling infrastructure, pro-
20 pane fueling infrastructure, or natural gas
21 fueling infrastructure.
22 ‘‘(E) PROJECT LOCATIONS.—A project re-
23 ceiving a grant under this paragraph may be lo-
24 cated on any public road or in other publicly ac-
25 cessible locations, such as parking facilities at
† HR 3684 EAS
317
1 public buildings, public schools, and public
2 parks, or in publicly accessible parking facilities
3 owned or managed by a private entity.
4 ‘‘(F) PRIORITY.—In providing grants under
5 this paragraph, the Secretary shall give priority
6 to projects that expand access to electric vehicle
7 charging infrastructure, hydrogen fueling infra-
8 structure, propane fueling infrastructure, or nat-
9 ural gas fueling infrastructure within—
10 ‘‘(i) rural areas;
11 ‘‘(ii) low- and moderate-income neigh-
12 borhoods; and
13 ‘‘(iii) communities with a low ratio of
14 private parking spaces to households or a
15 high ratio of multiunit dwellings to single
16 family homes, as determined by the Sec-
17 retary.
18 ‘‘(G) ADDITIONAL CONSIDERATIONS.—In
† HR 3684 EAS
318
1 ‘‘(ii) meets current or anticipated mar-
2 ket demands for charging or fueling infra-
3 structure, including faster charging speeds
4 with high-powered capabilities necessary to
5 minimize the time to charge or refuel cur-
6 rent and anticipated vehicles.
7 ‘‘(H) PARTNERING WITH PRIVATE ENTI-
† HR 3684 EAS
319
1 more than 5 percent of the grant funds on edu-
2 cational and community engagement activities
3 to develop and implement education programs
4 through partnerships with schools, community
5 organizations, and vehicle dealerships to support
6 the use of zero-emission vehicles and associated
7 infrastructure.
8 ‘‘(9) REQUIREMENTS.—
9 ‘‘(A) PROJECT TREATMENT.—Notwith-
† HR 3684 EAS
320
1 under this subsection shall not exceed 80 percent
2 of the total project cost.
3 ‘‘(B) RESPONSIBILITY OF PRIVATE ENTI-
19 CILITIES.
† HR 3684 EAS
321
1 opportunities to reduce emissions at ports, in-
2 cluding through the electrification of port oper-
3 ations;
4 (B) study emerging technologies and strate-
5 gies that may help reduce port-related emissions
6 from idling trucks; and
7 (C) coordinate and provide funding to test,
8 evaluate, and deploy projects that reduce port-re-
9 lated emissions from idling trucks, including
10 through the advancement of port electrification
11 and improvements in efficiency, focusing on port
12 operations, including heavy-duty commercial ve-
13 hicles, and other related projects.
14 (2) CONSULTATION.—In carrying out the pro-
15 gram under this subsection, the Secretary may con-
16 sult with the Secretary of Energy and the Adminis-
17 trator of the Environmental Protection Agency.
18 (b) GRANTS.—
19 (1) IN GENERAL.—In carrying out subsection
20 (a)(1)(C), the Secretary shall award grants to fund
21 projects that reduce emissions at ports, including
22 through the advancement of port electrification.
23 (2) COST SHARE.—A grant awarded under para-
24 graph (1) shall not exceed 80 percent of the total cost
25 of the project funded by the grant.
† HR 3684 EAS
322
1 (3) COORDINATION.—In carrying out the grant
2 program under this subsection, the Secretary shall—
3 (A) to the maximum extent practicable, le-
4 verage existing resources and programs of the
5 Department and other relevant Federal agencies;
6 and
7 (B) coordinate with other Federal agencies,
8 as the Secretary determines to be appropriate.
9 (4) APPLICATION; SELECTION.—
† HR 3684 EAS
323
1 section (b) are completed, the Secretary shall submit to Con-
2 gress a report that includes—
3 (1) the findings of the studies described in sub-
4 paragraphs (A) and (B) of subsection (a)(1);
5 (2) the results of the projects that received a
6 grant under subsection (b);
7 (3) any recommendations for workforce develop-
8 ment and training opportunities with respect to port
9 electrification; and
10 (4) any policy recommendations based on the
11 findings and results described in paragraphs (1) and
12 (2).
13 SEC. 11403. CARBON REDUCTION PROGRAM.
† HR 3684 EAS
324
1 sions from on-road highway sources of those emissions
2 within a State.
3 ‘‘(3) TRANSPORTATION MANAGEMENT AREA.—
† HR 3684 EAS
325
1 struction, planning, and design of on-road and
2 off-road trail facilities for pedestrians, bicyclists,
3 and other nonmotorized forms of transportation;
4 ‘‘(D) a project described in section
5 503(c)(4)(E) for advanced transportation and
6 congestion management technologies;
7 ‘‘(E) a project for the deployment of infra-
8 structure-based intelligent transportation systems
9 capital improvements and the installation of ve-
10 hicle-to-infrastructure communications equip-
11 ment, including retrofitting dedicated short-
12 range communications (DSRC) technology de-
13 ployed as part of an existing pilot program to
14 cellular vehicle-to-everything (C–V2X) tech-
15 nology;
16 ‘‘(F) a project to replace street lighting and
17 traffic control devices with energy-efficient alter-
18 natives;
19 ‘‘(G) the development of a carbon reduction
20 strategy in accordance with subsection (d);
21 ‘‘(H) a project or strategy that is designed
22 to support congestion pricing, shifting transpor-
23 tation demand to nonpeak hours or other trans-
24 portation modes, increasing vehicle occupancy
25 rates, or otherwise reducing demand for roads,
† HR 3684 EAS
326
1 including electronic toll collection, and travel de-
2 mand management strategies and programs;
3 ‘‘(I) efforts to reduce the environmental and
4 community impacts of freight movement;
5 ‘‘(J) a project to support deployment of al-
6 ternative fuel vehicles, including—
7 ‘‘(i) the acquisition, installation, or op-
8 eration of publicly accessible electric vehicle
9 charging infrastructure or hydrogen, nat-
10 ural gas, or propane vehicle fueling infra-
11 structure; and
12 ‘‘(ii) the purchase or lease of zero-emis-
13 sion construction equipment and vehicles,
14 including the acquisition, construction, or
15 leasing of required supporting facilities;
16 ‘‘(K) a project described in section 149(b)(8)
17 for a diesel engine retrofit;
18 ‘‘(L) a project described in section 149(b)(5)
19 that does not result in the construction of new
20 capacity; and
21 ‘‘(M) a project that reduces transportation
22 emissions at port facilities, including through the
23 advancement of port electrification.
24 ‘‘(2) FLEXIBILITY.—In addition to the eligible
25 projects under paragraph (1), a State may use funds
† HR 3684 EAS
327
1 apportioned under section 104(b)(7) for a project eli-
2 gible under section 133(b) if the Secretary certifies
3 that the State has demonstrated a reduction in trans-
4 portation emissions—
5 ‘‘(A) as estimated on a per capita basis;
6 and
7 ‘‘(B) as estimated on a per unit of economic
8 output basis.
9 ‘‘(d) CARBON REDUCTION STRATEGY.—
10 ‘‘(1) IN GENERAL.—Not later than 2 years after
11 the date of enactment of the Surface Transportation
12 Reauthorization Act of 2021, a State, in consultation
13 with any metropolitan planning organization des-
14 ignated within the State, shall develop a carbon re-
15 duction strategy in accordance with this subsection.
16 ‘‘(2) REQUIREMENTS.—The carbon reduction
17 strategy of a State developed under paragraph (1)
18 shall—
19 ‘‘(A) support efforts to reduce transpor-
20 tation emissions;
21 ‘‘(B) identify projects and strategies to re-
22 duce transportation emissions, which may in-
23 clude projects and strategies for safe, reliable,
24 and cost-effective options—
† HR 3684 EAS
328
1 ‘‘(i) to reduce traffic congestion by fa-
2 cilitating the use of alternatives to single-oc-
3 cupant vehicle trips, including public trans-
4 portation facilities, pedestrian facilities, bi-
5 cycle facilities, and shared or pooled vehicle
6 trips within the State or an area served by
7 the applicable metropolitan planning orga-
8 nization, if any;
9 ‘‘(ii) to facilitate the use of vehicles or
10 modes of travel that result in lower trans-
11 portation emissions per person-mile traveled
12 as compared to existing vehicles and modes;
13 and
14 ‘‘(iii) to facilitate approaches to the
15 construction of transportation assets that
16 result in lower transportation emissions as
17 compared to existing approaches;
18 ‘‘(C) support the reduction of transportation
19 emissions of the State;
20 ‘‘(D) at the discretion of the State, quantify
21 the total carbon emissions from the production,
22 transport, and use of materials used in the con-
23 struction of transportation facilities within the
24 State; and
† HR 3684 EAS
329
1 ‘‘(E) be appropriate to the population den-
2 sity and context of the State, including any met-
3 ropolitan planning organization designated
4 within the State.
5 ‘‘(3) UPDATES.—The carbon reduction strategy
6 of a State developed under paragraph (1) shall be up-
7 dated not less frequently than once every 4 years.
8 ‘‘(4) REVIEW.—Not later than 90 days after the
9 date on which a State submits a request for the ap-
10 proval of a carbon reduction strategy developed by the
11 State under paragraph (1), the Secretary shall—
12 ‘‘(A) review the process used to develop the
13 carbon reduction strategy; and
14 ‘‘(B)(i) certify that the carbon reduction
15 strategy meets the requirements of paragraph
16 (2); or
17 ‘‘(ii) deny certification of the carbon reduc-
18 tion strategy and specify the actions necessary
19 for the State to take to correct the deficiencies in
20 the process of the State in developing the carbon
21 reduction strategy.
22 ‘‘(5) TECHNICAL ASSISTANCE.—At the request of
23 a State, the Secretary shall provide technical assist-
24 ance in the development of the carbon reduction strat-
25 egy under paragraph (1).
† HR 3684 EAS
330
1 ‘‘(e) SUBALLOCATION.—
2 ‘‘(1) IN GENERAL.—For each fiscal year, of the
3 funds apportioned to the State under section
4 104(b)(7)—
5 ‘‘(A) 65 percent shall be obligated, in pro-
6 portion to their relative shares of the population
7 of the State—
8 ‘‘(i) in urbanized areas of the State
9 with an urbanized area population of more
10 than 200,000;
11 ‘‘(ii) in urbanized areas of the State
12 with an urbanized population of not less
13 than 50,000 and not more than 200,000;
14 ‘‘(iii) in urban areas of the State with
15 a population of not less than 5,000 and not
16 more than 49,999; and
17 ‘‘(iv) in other areas of the State with
18 a population of less than 5,000; and
19 ‘‘(B) the remainder may be obligated in
20 any area of the State.
21 ‘‘(2) METROPOLITAN AREAS.—Funds attributed
22 to an urbanized area under paragraph (1)(A)(i) may
23 be obligated in the metropolitan area established
24 under section 134 that encompasses the urbanized
25 area.
† HR 3684 EAS
331
1 ‘‘(3) DISTRIBUTION AMONG URBANIZED AREAS
† HR 3684 EAS
332
1 ‘‘(5) CONSULTATION IN RURAL AREAS.—Before
† HR 3684 EAS
333
1 State for Federal-aid highways and
2 highway safety construction programs
3 during the period; bears to
4 ‘‘(II) the total of the sums appor-
5 tioned to the State for Federal-aid
6 highways and highway safety construc-
7 tion programs (excluding sums not
8 subject to an obligation limitation)
9 during the period.
10 ‘‘(B) JOINT RESPONSIBILITY.—Each State,
11 each affected metropolitan planning organiza-
12 tion, and the Secretary shall jointly ensure com-
13 pliance with subparagraph (A).
14 ‘‘(f) FEDERAL SHARE.—The Federal share of the cost
15 of a project carried out using funds apportioned to a State
16 under section 104(b)(7) shall be determined in accordance
17 with section 120.
18 ‘‘(g) TREATMENT OF PROJECTS.—Notwithstanding
19 any other provision of law, a project assisted under this
20 section shall be treated as a project on a Federal-aid high-
21 way under this chapter.’’.
22 (b) CLERICAL AMENDMENT.—The analysis for chapter
23 1 of title 23, United States Code (as amended by section
24 11203(b)) is amended by inserting after the item relating
25 to section 174 the following:
‘‘175. Carbon reduction program.’’.
† HR 3684 EAS
334
1 SEC. 11404. CONGESTION RELIEF PROGRAM.
† HR 3684 EAS
336
1 ‘‘(ii) use of roadways, including in
2 designated geographic zones; or
3 ‘‘(iii) congestion.
4 ‘‘(4) ELIGIBLE PROJECTS.—Funds from a grant
5 under the program may be used for a project or an
6 integrated collection of projects, including planning,
7 design, implementation, and construction activities,
8 to achieve the program goals under paragraph (3), in-
9 cluding—
10 ‘‘(A) deployment and operation of an inte-
11 grated congestion management system;
12 ‘‘(B) deployment and operation of a system
13 that implements or enforces high occupancy vehi-
14 cle toll lanes, cordon pricing, parking pricing, or
15 congestion pricing;
16 ‘‘(C) deployment and operation of mobility
17 services, including establishing account-based fi-
18 nancial systems, commuter buses, commuter
19 vans, express operations, paratransit, and on-de-
20 mand microtransit; and
21 ‘‘(D) incentive programs that encourage
22 travelers to carpool, use nonhighway travel
23 modes during peak period, or travel during
24 nonpeak periods.
25 ‘‘(5) APPLICATION; SELECTION.—
† HR 3684 EAS
337
1 ‘‘(A) APPLICATION.—To be eligible to re-
2 ceive a grant under the program, an eligible en-
3 tity shall submit to the Secretary an application
4 at such time, in such manner, and containing
5 such information as the Secretary may require.
6 ‘‘(B) PRIORITY.—In providing grants under
7 the program, the Secretary shall give priority to
8 projects in urbanized areas that are experiencing
9 a high degree of recurrent congestion.
10 ‘‘(C) FEDERAL SHARE.—The Federal share
11 of the cost of a project carried out with a grant
12 under the program shall not exceed 80 percent of
13 the total project cost.
14 ‘‘(D) MINIMUM AWARD.—A grant provided
15 under the program shall be not less than
16 $10,000,000.
17 ‘‘(6) USE OF TOLLING.—
† HR 3684 EAS
338
1 ‘‘(B) REQUIREMENTS.—The Secretary may
2 only approve the use of tolls under subparagraph
3 (A) if—
4 ‘‘(i) the eligible entity has authority
5 under State, and if applicable, local, law to
6 assess the applicable toll;
7 ‘‘(ii) the maximum toll rate for any
8 vehicle class is not greater than the product
9 obtained by multiplying—
10 ‘‘(I) the toll rate for any other ve-
11 hicle class; and
12 ‘‘(II) 5;
13 ‘‘(iii) the toll rates are not charged or
14 varied on the basis of State residency;
15 ‘‘(iv) the Secretary determines that the
16 use of tolls will enable the eligible entity to
17 achieve the program goals under paragraph
18 (3) without a significant impact to safety
19 or mobility within the urbanized area in
20 which the project is located; and
21 ‘‘(v) the use of toll revenues complies
22 with subsection (a)(3).
23 ‘‘(C) LIMITATION.—The Secretary may not
24 approve the use of tolls on the Interstate System
† HR 3684 EAS
339
1 under the program in more than 10 urbanized
2 areas.
3 ‘‘(7) FINANCIAL EFFECTS ON LOW-INCOME DRIV-
† HR 3684 EAS
340
1 hicles to use the facility at a discount rate or without
2 charge, unless the public authority, in consultation
3 with the Secretary, determines that the number of
4 those vehicles using the facility reduces the travel time
5 reliability of the facility.’’.
6 SEC. 11405. PROMOTING RESILIENT OPERATIONS FOR
9 GRAM.
† HR 3684 EAS
341
1 ‘‘(2) EVACUATION ROUTE.—The term ‘evacuation
2 route’ means a transportation route or system that—
3 ‘‘(A) is owned, operated, or maintained by
4 a Federal, State, Tribal, or local government;
5 ‘‘(B) is used—
6 ‘‘(i) to transport the public away from
7 emergency events; or
8 ‘‘(ii) to transport emergency responders
9 and recovery resources; and
10 ‘‘(C) is designated by the eligible entity
11 with jurisdiction over the area in which the
12 route is located for the purposes described in sub-
13 paragraph (B).
14 ‘‘(3) PROGRAM.—The term ‘program’ means the
15 program established under subsection (b)(1).
16 ‘‘(4) RESILIENCE IMPROVEMENT.—The term ‘re-
17 silience improvement’ means the use of materials or
18 structural or nonstructural techniques, including nat-
19 ural infrastructure—
20 ‘‘(A) that allow a project—
21 ‘‘(i) to better anticipate, prepare for,
22 and adapt to changing conditions and to
23 withstand and respond to disruptions; and
24 ‘‘(ii) to be better able to continue to
25 serve the primary function of the project
† HR 3684 EAS
342
1 during and after weather events and nat-
2 ural disasters for the expected life of the
3 project; or
4 ‘‘(B) that—
5 ‘‘(i) reduce the magnitude and dura-
6 tion of impacts of current and future weath-
7 er events and natural disasters to a project;
8 or
9 ‘‘(ii) have the absorptive capacity,
10 adaptive capacity, and recoverability to de-
11 crease project vulnerability to current and
12 future weather events or natural disasters.
13 ‘‘(b) ESTABLISHMENT.—
14 ‘‘(1) IN GENERAL.—The Secretary shall establish
15 a program, to be known as the ‘Promoting Resilient
16 Operations for Transformative, Efficient, and Cost-
17 saving Transportation program’ or the ‘PROTECT
18 program’.
19 ‘‘(2) PURPOSE.—The purpose of the program is
20 to provide grants for resilience improvements
21 through—
22 ‘‘(A) formula funding distributed to States
23 to carry out subsection (c);
24 ‘‘(B) competitive planning grants to enable
25 communities to assess vulnerabilities to current
† HR 3684 EAS
343
1 and future weather events and natural disasters
2 and changing conditions, including sea level rise,
3 and plan transportation improvements and
4 emergency response strategies to address those
5 vulnerabilities; and
6 ‘‘(C) competitive resilience improvement
7 grants to protect—
8 ‘‘(i) surface transportation assets by
9 making the assets more resilient to current
10 and future weather events and natural dis-
11 asters, such as severe storms, flooding,
12 drought, levee and dam failures, wildfire,
13 rockslides, mudslides, sea level rise, extreme
14 weather, including extreme temperature,
15 and earthquakes;
16 ‘‘(ii) communities through resilience
17 improvements and strategies that allow for
18 the continued operation or rapid recovery of
19 surface transportation systems that—
20 ‘‘(I) serve critical local, regional,
21 and national needs, including evacu-
22 ation routes; and
23 ‘‘(II) provide access or service to
24 hospitals and other medical or emer-
25 gency service facilities, major employ-
† HR 3684 EAS
344
1 ers, critical manufacturing centers,
2 ports and intermodal facilities, utili-
3 ties, and Federal facilities;
4 ‘‘(iii) coastal infrastructure, such as a
5 tide gate to protect highways, that is at
6 long-term risk to sea level rise; and
7 ‘‘(iv) natural infrastructure that pro-
8 tects and enhances surface transportation
9 assets while improving ecosystem condi-
10 tions, including culverts that ensure ade-
11 quate flows in rivers and estuarine systems.
12 ‘‘(c) ELIGIBLE ACTIVITIES FOR APPORTIONED FUND-
13 ING.—
† HR 3684 EAS
345
1 whole or in part, within a base floodplain, the
2 State shall—
3 ‘‘(i) identify the base floodplain in
4 which the project is to be located and dis-
5 close that information to the Secretary; and
6 ‘‘(ii) indicate to the Secretary whether
7 the State plans to implement 1 or more
8 components of the risk mitigation plan
9 under section 322 of the Robert T. Stafford
10 Disaster Relief and Emergency Assistance
11 Act (42 U.S.C. 5165) with respect to the
12 area.
13 ‘‘(B) ELIGIBILITIES.—A State shall use
14 funds apportioned to the State under section
15 104(b)(8) for—
16 ‘‘(i) a highway project eligible for as-
17 sistance under this title;
18 ‘‘(ii) a public transportation facility
19 or service eligible for assistance under chap-
20 ter 53 of title 49; or
21 ‘‘(iii) a port facility, including a facil-
22 ity that—
23 ‘‘(I) connects a port to other
24 modes of transportation;
† HR 3684 EAS
346
1 ‘‘(II) improves the efficiency of
2 evacuations and disaster relief; or
3 ‘‘(III) aids transportation.
4 ‘‘(C) SYSTEM RESILIENCE.—A project car-
5 ried out by a State with funds apportioned to
6 the State under section 104(b)(8) may include
7 the use of natural infrastructure or the construc-
8 tion or modification of storm surge, flood protec-
9 tion, or aquatic ecosystem restoration elements
10 that are functionally connected to a transpor-
11 tation improvement, such as—
12 ‘‘(i) increasing marsh health and total
13 area adjacent to a highway right-of-way to
14 promote additional flood storage;
15 ‘‘(ii) upgrades to and installation of
16 culverts designed to withstand 100-year
17 flood events;
18 ‘‘(iii) upgrades to and installation of
19 tide gates to protect highways;
20 ‘‘(iv) upgrades to and installation of
21 flood gates to protect tunnel entrances; and
22 ‘‘(v) improving functionality and resil-
23 iency of stormwater controls, including in-
24 ventory inspections, upgrades to, and pres-
25 ervation of best management practices to
† HR 3684 EAS
347
1 protect surface transportation infrastruc-
2 ture.
3 ‘‘(D) FEDERAL COST SHARE.—
† HR 3684 EAS
348
1 ing and design work, and other
2 preconstruction activities; and
3 ‘‘(II) construction, reconstruction,
4 rehabilitation, and acquisition of real
5 property (including land related to the
6 project and improvements to land), en-
7 vironmental mitigation, construction
8 contingencies, acquisition of equipment
9 directly related to improving system
10 performance, and operational improve-
11 ments.
12 ‘‘(ii) ELIGIBLE PLANNING COSTS.—In
† HR 3684 EAS
349
1 ‘‘(i) may use not more than 40 percent
2 of the amounts apportioned to the State
3 under section 104(b)(8) for the construction
4 of new capacity; and
5 ‘‘(ii) may use not more than 10 per-
6 cent of the amounts apportioned to the
7 State under section 104(b)(8) for activities
8 described in subparagraph (E)(i)(I).
9 ‘‘(d) COMPETITIVE AWARDS.—
10 ‘‘(1) IN GENERAL.—In addition to funds appor-
11 tioned to States under section 104(b)(8) to carry out
12 activities under subsection (c), the Secretary shall
13 provide grants on a competitive basis under this sub-
14 section to eligible entities described in paragraph (2).
15 ‘‘(2) ELIGIBLE ENTITIES.—Except as provided
16 in paragraph (4)(C), the Secretary may make a grant
17 under this subsection to any of the following:
18 ‘‘(A) A State or political subdivision of a
19 State.
20 ‘‘(B) A metropolitan planning organization.
21 ‘‘(C) A unit of local government.
22 ‘‘(D) A special purpose district or public
23 authority with a transportation function, includ-
24 ing a port authority.
† HR 3684 EAS
350
1 ‘‘(E) An Indian tribe (as defined in section
2 207(m)(1)).
3 ‘‘(F) A Federal land management agency
4 that applies jointly with a State or group of
5 States.
6 ‘‘(G) A multi-State or multijurisdictional
7 group of entities described in subparagraphs (A)
8 through (F).
9 ‘‘(3) PLANNING GRANTS.—Using funds made
10 available under this subsection, the Secretary shall
11 provide planning grants to eligible entities for the
12 purpose of—
13 ‘‘(A) in the case of a State or metropolitan
14 planning organization, developing a resilience
15 improvement plan under subsection (e)(2);
16 ‘‘(B) resilience planning, predesign, design,
17 or the development of data tools to simulate
18 transportation disruption scenarios, including
19 vulnerability assessments;
20 ‘‘(C) technical capacity building by the eli-
21 gible entity to facilitate the ability of the eligible
22 entity to assess the vulnerabilities of the surface
23 transportation assets and community response
24 strategies of the eligible entity under current con-
† HR 3684 EAS
351
1 ditions and a range of potential future condi-
2 tions; or
3 ‘‘(D) evacuation planning and preparation.
4 ‘‘(4) RESILIENCE GRANTS.—
† HR 3684 EAS
352
1 ‘‘(II) INCLUSIONS.—An activity
2 eligible to be carried out under this
3 subparagraph includes—
4 ‘‘(aa) resurfacing, restora-
5 tion, rehabilitation, reconstruc-
6 tion, replacement, improvement,
7 or realignment of an existing sur-
8 face transportation facility eligi-
9 ble for assistance under this title;
10 ‘‘(bb) the incorporation of
11 natural infrastructure;
12 ‘‘(cc) the upgrade of an exist-
13 ing surface transportation facility
14 to meet or exceed a design stand-
15 ard adopted by the Federal High-
16 way Administration;
17 ‘‘(dd) the installation of
18 mitigation measures that prevent
19 the intrusion of floodwaters into
20 surface transportation systems;
21 ‘‘(ee) strengthening systems
22 that remove rainwater from sur-
23 face transportation facilities;
† HR 3684 EAS
353
1 ‘‘(ff) upgrades to and instal-
2 lation of structural stormwater
3 controls;
4 ‘‘(gg) a resilience project that
5 addresses identified vulnerabilities
6 described in the resilience im-
7 provement plan of the eligible en-
8 tity, if applicable;
9 ‘‘(hh) relocating roadways in
10 a base floodplain to higher ground
11 above projected flood elevation lev-
12 els, or away from slide prone
13 areas;
14 ‘‘(ii) stabilizing slide areas
15 or slopes;
16 ‘‘(jj) installing riprap;
17 ‘‘(kk) lengthening or raising
18 bridges to increase waterway
19 openings, including to respond to
20 extreme weather;
21 ‘‘(ll) increasing the size or
22 number of drainage structures;
23 ‘‘(mm) installing seismic ret-
24 rofits on bridges;
† HR 3684 EAS
354
1 ‘‘(nn) adding scour protec-
2 tion at bridges;
3 ‘‘(oo) adding scour, stream
4 stability, coastal, and other hy-
5 draulic countermeasures, includ-
6 ing spur dikes;
7 ‘‘(pp) vegetation manage-
8 ment practices in transportation
9 rights-of-way to improve roadway
10 safety, prevent against invasive
11 species, facilitate wildfire control,
12 and provide erosion control; and
13 ‘‘(qq) any other protective
14 features, including natural infra-
15 structure, as determined by the
16 Secretary.
17 ‘‘(iii) PRIORITY.—The Secretary shall
18 prioritize a resilience improvement grant to
19 an eligible entity if—
20 ‘‘(I) the Secretary determines—
21 ‘‘(aa) the benefits of the eligi-
22 ble activity proposed to be carried
23 out by the eligible entity exceed
24 the costs of the activity; and
† HR 3684 EAS
355
1 ‘‘(bb) there is a need to ad-
2 dress the vulnerabilities of surface
3 transportation assets of the eligi-
4 ble entity with a high risk of, and
5 impacts associated with, failure
6 due to the impacts of weather
7 events, natural disasters, or
8 changing conditions, such as sea
9 level rise, wildfires, and increased
10 flood risk; or
11 ‘‘(II) the eligible activity proposed
12 to be carried out by the eligible entity
13 is included in the applicable resilience
14 improvement plan under subsection
15 (e)(2).
16 ‘‘(B) COMMUNITY RESILIENCE AND EVACU-
† HR 3684 EAS
356
1 and evacuation route grant under this sub-
2 paragraph for 1 or more projects that
3 strengthen and protect evacuation routes
4 that are essential for providing and sup-
5 porting evacuations caused by emergency
6 events, including a project that—
7 ‘‘(I) is an eligible activity under
8 subparagraph (A)(ii), if that eligible
9 activity will improve an evacuation
10 route;
11 ‘‘(II) ensures the ability of the
12 evacuation route to provide safe pas-
13 sage during an evacuation and reduces
14 the risk of damage to evacuation routes
15 as a result of future emergency events,
16 including restoring or replacing exist-
17 ing evacuation routes that are in poor
18 condition or not designed to meet the
19 anticipated demand during an emer-
20 gency event, and including steps to
21 protect routes from mud, rock, or other
22 debris slides;
23 ‘‘(III) if the eligible entity notifies
24 the Secretary that existing evacuation
25 routes are not sufficient to adequately
† HR 3684 EAS
357
1 facilitate evacuations, including the
2 transportation of emergency responders
3 and recovery resources, expands the ca-
4 pacity of evacuation routes to swiftly
5 and safely accommodate evacuations,
6 including installation of—
7 ‘‘(aa) communications and
8 intelligent transportation system
9 equipment and infrastructure;
10 ‘‘(bb) counterflow measures;
11 or
12 ‘‘(cc) shoulders;
13 ‘‘(IV) is for the construction of
14 new or redundant evacuation routes, if
15 the eligible entity notifies the Secretary
16 that existing evacuation routes are not
17 sufficient to adequately facilitate evac-
18 uations, including the transportation
19 of emergency responders and recovery
20 resources;
21 ‘‘(V) is for the acquisition of evac-
22 uation route or traffic incident man-
23 agement equipment or signage; or
24 ‘‘(VI) will ensure access or service
25 to critical destinations, including hos-
† HR 3684 EAS
358
1 pitals and other medical or emergency
2 service facilities, major employers, crit-
3 ical manufacturing centers, ports and
4 intermodal facilities, utilities, and
5 Federal facilities.
6 ‘‘(iii) PRIORITY.—The Secretary shall
7 prioritize community resilience and evacu-
8 ation route grants under this subparagraph
9 for eligible activities that are cost-effective,
10 as determined by the Secretary, taking into
11 account—
12 ‘‘(I) current and future
13 vulnerabilities to an evacuation route
14 due to future occurrence or recurrence
15 of emergency events that are likely to
16 occur in the geographic area in which
17 the evacuation route is located; and
18 ‘‘(II) projected changes in develop-
19 ment patterns, demographics, and ex-
20 treme weather events based on the best
21 available evidence and analysis.
22 ‘‘(iv) CONSULTATION.—In providing
23 grants for community resilience and evacu-
24 ation routes under this subparagraph, the
25 Secretary may consult with the Adminis-
† HR 3684 EAS
359
1 trator of the Federal Emergency Manage-
2 ment Agency, who may provide technical
3 assistance to the Secretary and to eligible
4 entities.
5 ‘‘(C) AT-RISK COASTAL INFRASTRUCTURE
6 GRANTS.—
† HR 3684 EAS
360
1 ‘‘(V) A special purpose district or
2 public authority with a transportation
3 function, including a port authority,
4 in a State described in subclause (I).
5 ‘‘(VI) An Indian tribe in a State
6 described in subclause (I).
7 ‘‘(VII) A Federal land manage-
8 ment agency that applies jointly with
9 a State or group of States described in
10 subclause (I).
11 ‘‘(VIII) A multi-State or multi-
12 jurisdictional group of entities de-
13 scribed in subclauses (I) through (VII).
14 ‘‘(ii) GRANTS.—Using funds made
15 available under this subsection, the Sec-
16 retary shall provide at-risk coastal infra-
17 structure grants to eligible entities to carry
18 out 1 or more eligible activities under clause
19 (iii).
20 ‘‘(iii) ELIGIBLE ACTIVITIES.—An eligi-
21 ble entity may use an at-risk coastal infra-
22 structure grant under this subparagraph for
23 strengthening, stabilizing, hardening, ele-
24 vating, relocating, or otherwise enhancing
25 the resilience of highway and non-rail in-
† HR 3684 EAS
361
1 frastructure, including bridges, roads, pe-
2 destrian walkways, and bicycle lanes, and
3 associated infrastructure, such as culverts
4 and tide gates to protect highways, that are
5 subject to, or face increased long-term future
6 risks of, a weather event, a natural disaster,
7 or changing conditions, including coastal
8 flooding, coastal erosion, wave action, storm
9 surge, or sea level rise, in order to improve
10 transportation and public safety and to re-
11 duce costs by avoiding larger future mainte-
12 nance or rebuilding costs.
13 ‘‘(iv) CRITERIA.—The Secretary shall
14 provide at-risk coastal infrastructure grants
15 under this subparagraph for a project—
16 ‘‘(I) that addresses the risks from
17 a current or future weather event or
18 natural disaster, including coastal
19 flooding, coastal erosion, wave action,
20 storm surge, or sea level change; and
21 ‘‘(II) that reduces long-term infra-
22 structure costs by avoiding larger fu-
23 ture maintenance or rebuilding costs.
24 ‘‘(v) COASTAL BENEFITS.—In addition
25 to the criteria under clause (iv), for the pur-
† HR 3684 EAS
362
1 pose of providing at-risk coastal infrastruc-
2 ture grants under this subparagraph, the
3 Secretary shall evaluate the extent to which
4 a project will provide—
5 ‘‘(I) access to coastal homes, busi-
6 nesses, communities, and other critical
7 infrastructure, including access by first
8 responders and other emergency per-
9 sonnel; or
10 ‘‘(II) access to a designated evacu-
11 ation route.
12 ‘‘(5) GRANT REQUIREMENTS.—
† HR 3684 EAS
363
1 such time, and containing such information
2 as the Secretary determines to be necessary.
3 ‘‘(ii) PROJECTS IN CERTAIN AREAS.—
† HR 3684 EAS
364
1 ‘‘(ii) a public transportation facility
2 or service eligible for assistance under chap-
3 ter 53 of title 49;
4 ‘‘(iii) a facility or service for intercity
5 rail passenger transportation (as defined in
6 section 24102 of title 49); or
7 ‘‘(iv) a port facility, including a facil-
8 ity that—
9 ‘‘(I) connects a port to other
10 modes of transportation;
11 ‘‘(II) improves the efficiency of
12 evacuations and disaster relief; or
13 ‘‘(III) aids transportation.
14 ‘‘(D) SYSTEM RESILIENCE.—A project for
15 which a grant is provided under paragraph (3)
16 or subparagraph (A), (B), or (C) of paragraph
17 (4) may include the use of natural infrastructure
18 or the construction or modification of storm
19 surge, flood protection, or aquatic ecosystem res-
20 toration elements that the Secretary determines
21 are functionally connected to a transportation
22 improvement, such as—
23 ‘‘(i) increasing marsh health and total
24 area adjacent to a highway right-of-way to
25 promote additional flood storage;
† HR 3684 EAS
365
1 ‘‘(ii) upgrades to and installing of cul-
2 verts designed to withstand 100-year flood
3 events;
4 ‘‘(iii) upgrades to and installation of
5 tide gates to protect highways; and
6 ‘‘(iv) upgrades to and installation of
7 flood gates to protect tunnel entrances.
8 ‘‘(E) FEDERAL COST SHARE.—
† HR 3684 EAS
366
1 graph (4) by an Indian tribe (as de-
2 fined in section 207(m)(1)) may be up
3 to 100 percent.
4 ‘‘(iii) NON-FEDERAL SHARE.—The eli-
5 gible entity may use Federal funds other
6 than Federal funds provided under this sub-
7 section to meet the non-Federal cost share
8 requirement for a project carried out with a
9 grant under this subsection.
10 ‘‘(F) ELIGIBLE PROJECT COSTS.—
† HR 3684 EAS
367
1 vironmental mitigation, construction
2 contingencies, acquisition of equipment
3 directly related to improving system
4 performance, and operational improve-
5 ments.
6 ‘‘(ii) PLANNING GRANTS.—Eligible
† HR 3684 EAS
368
1 activities described in subparagraph
2 (F)(i)(I).
3 ‘‘(ii) LIMIT ON CERTAIN ACTIVITIES.—
† HR 3684 EAS
369
1 to Indian tribes (as defined in section
2 207(m)(1)).
3 ‘‘(iv) REALLOCATION.—For any fiscal
4 year, if the Secretary determines that the
5 amount described in clause (ii) or (iii) will
6 not be fully utilized for the grant described
7 in that clause, the Secretary may reallocate
8 the unutilized funds to provide grants to
9 other eligible entities under this subsection.
10 ‘‘(6) CONSULTATION.—In carrying out this sub-
11 section, the Secretary shall—
12 ‘‘(A) consult with the Assistant Secretary of
13 the Army for Civil Works, the Administrator of
14 the Environmental Protection Agency, the Sec-
15 retary of the Interior, and the Secretary of Com-
16 merce; and
17 ‘‘(B) solicit technical support from the Ad-
18 ministrator of the Federal Emergency Manage-
19 ment Agency.
20 ‘‘(7) GRANT ADMINISTRATION.—The Secretary
21 may—
22 ‘‘(A) retain not more than a total of 5 per-
23 cent of the funds made available to carry out
24 this subsection and to review applications for
25 grants under this subsection; and
† HR 3684 EAS
370
1 ‘‘(B) transfer portions of the funds retained
2 under subparagraph (A) to the relevant Admin-
3 istrators to fund the award and oversight of
4 grants provided under this subsection.
5 ‘‘(e) RESILIENCE IMPROVEMENT PLAN AND LOWER
6 NON-FEDERAL SHARE.—
7 ‘‘(1) FEDERAL SHARE REDUCTIONS.—
† HR 3684 EAS
371
1 ‘‘(I) in the case of a State or an
2 eligible entity that is a State or a met-
3 ropolitan planning organization, the
4 State or eligible entity has—
5 ‘‘(aa) developed a resilience
6 improvement plan in accordance
7 with this subsection; and
8 ‘‘(bb) prioritized the project
9 on that resilience improvement
10 plan; and
11 ‘‘(II) in the case of an eligible en-
12 tity not described in subclause (I), the
13 eligible entity is located in a State or
14 an area served by a metropolitan plan-
15 ning organization that has—
16 ‘‘(aa) developed a resilience
17 improvement plan in accordance
18 with this subsection; and
19 ‘‘(bb) prioritized the project
20 on that resilience improvement
21 plan.
22 ‘‘(ii) INCORPORATION OF RESILIENCE
† HR 3684 EAS
372
1 carried out with funds under subsection (c)
2 or a grant under subsection (d) shall be re-
3 duced by 3 percentage points if—
4 ‘‘(I) in the case of a State or an
5 eligible entity that is a State or a met-
6 ropolitan planning organization, the
7 resilience improvement plan developed
8 in accordance with this subsection has
9 been incorporated into the metropoli-
10 tan transportation plan under section
11 134 or the long-range statewide trans-
12 portation plan under section 135, as
13 applicable; and
14 ‘‘(II) in the case of an eligible en-
15 tity not described in subclause (I), the
16 eligible entity is located in a State or
17 an area served by a metropolitan plan-
18 ning organization that incorporated a
19 resilience improvement plan into the
20 metropolitan transportation plan
21 under section 134 or the long-range
22 statewide transportation plan under
23 section 135, as applicable.
24 ‘‘(iii) LIMITATIONS.—
† HR 3684 EAS
373
1 ‘‘(I) MAXIMUM REDUCTION.—A
† HR 3684 EAS
374
1 be consistent with and complementary of the
2 State and local mitigation plans required under
3 section 322 of the Robert T. Stafford Disaster
4 Relief and Emergency Assistance Act (42 U.S.C.
5 5165);
6 ‘‘(C) shall include a risk-based assessment of
7 vulnerabilities of transportation assets and sys-
8 tems to current and future weather events and
9 natural disasters, such as severe storms, flooding,
10 drought, levee and dam failures, wildfire, rock-
11 slides, mudslides, sea level rise, extreme weather,
12 including extreme temperatures, and earth-
13 quakes;
14 ‘‘(D) may—
15 ‘‘(i) designate evacuation routes and
16 strategies, including multimodal facilities,
17 designated with consideration for individ-
18 uals without access to personal vehicles;
19 ‘‘(ii) plan for response to anticipated
20 emergencies, including plans for the mobil-
21 ity of—
22 ‘‘(I) emergency response personnel
23 and equipment; and
† HR 3684 EAS
375
1 ‘‘(II) access to emergency services,
2 including for vulnerable or disadvan-
3 taged populations;
4 ‘‘(iii) describe the resilience improve-
5 ment policies, including strategies, land-use
6 and zoning changes, investments in natural
7 infrastructure, or performance measures
8 that will inform the transportation invest-
9 ment decisions of the State or metropolitan
10 planning organization with the goal of in-
11 creasing resilience;
12 ‘‘(iv) include an investment plan
13 that—
14 ‘‘(I) includes a list of priority
15 projects; and
16 ‘‘(II) describes how funds appor-
17 tioned to the State under section
18 104(b)(8) or provided by a grant under
19 the program would be invested and
20 matched, which shall not be subject to
21 fiscal constraint requirements; and
22 ‘‘(v) use science and data and indicate
23 the source of data and methodologies; and
24 ‘‘(E) shall, as appropriate—
† HR 3684 EAS
376
1 ‘‘(i) include a description of how the
2 plan will improve the ability of the State or
3 metropolitan planning organization—
4 ‘‘(I) to respond promptly to the
5 impacts of weather events and natural
6 disasters; and
7 ‘‘(II) to be prepared for changing
8 conditions, such as sea level rise and
9 increased flood risk;
10 ‘‘(ii) describe the codes, standards, and
11 regulatory framework, if any, adopted and
12 enforced to ensure resilience improvements
13 within the impacted area of proposed
14 projects included in the resilience improve-
15 ment plan;
16 ‘‘(iii) consider the benefits of com-
17 bining hard surface transportation assets,
18 and natural infrastructure, through coordi-
19 nated efforts by the Federal Government
20 and the States;
21 ‘‘(iv) assess the resilience of other com-
22 munity assets, including buildings and
23 housing, emergency management assets, and
24 energy, water, and communication infra-
25 structure;
† HR 3684 EAS
377
1 ‘‘(v) use a long-term planning period;
2 and
3 ‘‘(vi) include such other information as
4 the State or metropolitan planning organi-
5 zation considers appropriate.
6 ‘‘(3) NO NEW PLANNING REQUIREMENTS.—Noth-
† HR 3684 EAS
378
1 ‘‘(ii) procedures for monitoring and
2 evaluating projects based on those metrics;
3 and
4 ‘‘(B) select a representative sample of
5 projects to evaluate based on the metrics and
6 procedures established under subparagraph (A).
7 ‘‘(2) NOTICE.—Before adopting any metrics de-
8 scribed in paragraph (1), the Secretary shall—
9 ‘‘(A) publish the proposed metrics in the
10 Federal Register; and
11 ‘‘(B) provide to the public an opportunity
12 for comment on the proposed metrics.
13 ‘‘(g) REPORTS.—
14 ‘‘(1) REPORTS FROM ELIGIBLE ENTITIES.—Not
† HR 3684 EAS
379
1 website of the Department of Transportation, an
2 annual report that describes the implementation
3 of the program during the preceding calendar
4 year, including—
5 ‘‘(i) each project for which a grant was
6 provided under subsection (d);
7 ‘‘(ii) information relating to project
8 applications received;
9 ‘‘(iii) the manner in which the con-
10 sultation requirements were implemented
11 under subsection (d);
12 ‘‘(iv) recommendations to improve the
13 administration of subsection (d), including
14 whether assistance from additional or fewer
15 agencies to carry out the program is appro-
16 priate;
17 ‘‘(v) the period required to disburse
18 grant funds to eligible entities based on ap-
19 plicable Federal coordination requirements;
20 and
21 ‘‘(vi) a list of facilities that repeatedly
22 require repair or reconstruction due to
23 emergency events.
24 ‘‘(B) FINAL REPORT.—Not later than 5
25 years after the date of enactment of the Surface
† HR 3684 EAS
380
1 Transportation Reauthorization Act of 2021, the
2 Secretary shall submit to Congress a report that
3 includes the results of the reports submitted
4 under subparagraph (A).
5 ‘‘(h) TREATMENT OF PROJECTS.—Notwithstanding
6 any other provision of law, a project assisted under this
7 section shall be treated as a project on a Federal-aid high-
8 way under this chapter.’’.
9 (b) CLERICAL AMENDMENT.—The analysis for chapter
10 1 of title 23, United States Code (as amended by section
11 11403(b)), is amended by inserting after the item relating
12 to section 175 the following:
‘‘176. Promoting Resilient Operations for Transformative, Efficient, and Cost-sav-
ing Transportation (PROTECT) program.’’.
† HR 3684 EAS
381
1 (E) a nonprofit organization working in co-
2 ordination with an entity described in subpara-
3 graphs (A) through (D).
4 (3) LOW-INCOME COMMUNITY.—The term ‘‘low-
5 income community’’ means a census block group in
6 which not less than 30 percent of the population lives
7 below the poverty line (as defined in section 673 of
8 the Community Services Block Grant Act (42 U.S.C.
9 9902)).
10 (4) POROUS PAVEMENT.—The term ‘‘porous
11 pavement’’ means a paved surface with a higher than
12 normal percentage of air voids to allow water to pass
13 through the surface and infiltrate into the subsoil.
14 (5) PROGRAM.—The term ‘‘program’’ means the
15 Healthy Streets program established under subsection
16 (b).
17 (6) STATE.—The term ‘‘State’’ has the meaning
18 given the term in section 101(a) of title 23, United
19 States Code.
20 (7) TRIBAL GOVERNMENT.—The term ‘‘Tribal
21 government’’ means the recognized governing body of
22 any Indian or Alaska Native tribe, band, nation,
23 pueblo, village, community, component band, or com-
24 ponent reservation, individually identified (including
25 parenthetically) in the list published most recently as
† HR 3684 EAS
382
1 of the date of enactment of this Act pursuant to sec-
2 tion 104 of the Federally Recognized Indian Tribe
3 List Act of 1994 (25 U.S.C. 5131).
4 (b) ESTABLISHMENT.—The Secretary shall establish a
5 discretionary grant program, to be known as the ‘‘Healthy
6 Streets program’’, to provide grants to eligible entities—
7 (1) to deploy cool pavements and porous pave-
8 ments; and
9 (2) to expand tree cover.
10 (c) GOALS.—The goals of the program are—
11 (1) to mitigate urban heat islands;
12 (2) to improve air quality; and
13 (3) to reduce—
14 (A) the extent of impervious surfaces;
15 (B) stormwater runoff and flood risks; and
16 (C) heat impacts to infrastructure and road
17 users.
18 (d) APPLICATION.—
19 (1) IN GENERAL.—To be eligible to receive a
20 grant under the program, an eligible entity shall sub-
21 mit to the Secretary an application at such time, in
22 such manner, and containing such information as the
23 Secretary may require.
† HR 3684 EAS
383
1 (2) REQUIREMENTS.—The application submitted
2 by an eligible entity under paragraph (1) shall in-
3 clude a description of—
4 (A) how the eligible entity would use the
5 grant funds; and
6 (B) the contribution that the projects in-
7 tended to be carried out with grant funds would
8 make to improving the safety, health outcomes,
9 natural environment, and quality of life in low-
10 income communities and disadvantaged commu-
11 nities.
12 (e) USE OF FUNDS.—An eligible entity that receives
13 a grant under the program may use the grant funds for
14 1 or more of the following activities:
15 (1) Conducting an assessment of urban heat is-
16 lands to identify hot spot areas of extreme heat or ele-
17 vated air pollution.
18 (2) Conducting a comprehensive tree canopy as-
19 sessment, which shall assess the current tree locations
20 and canopy, including—
21 (A) an inventory of the location, species,
22 condition, and health of existing tree canopies
23 and trees on public facilities; and
24 (B) an identification of—
† HR 3684 EAS
384
1 (i) the locations where trees need to be
2 replaced;
3 (ii) empty tree boxes or other locations
4 where trees could be added; and
5 (iii) flood-prone locations where trees
6 or other natural infrastructure could miti-
7 gate flooding.
8 (3) Conducting an equity assessment by map-
9 ping tree canopy gaps, flood-prone locations, and
10 urban heat island hot spots as compared to—
11 (A) pedestrian walkways and public trans-
12 portation stop locations;
13 (B) low-income communities; and
14 (C) disadvantaged communities.
15 (4) Planning activities, including developing an
16 investment plan based on the results of the assess-
17 ments carried out under paragraphs (1), (2), and (3).
18 (5) Purchasing and deploying cool pavements to
19 mitigate urban heat island hot spots.
20 (6) Purchasing and deploying porous pavement
21 to mitigate flooding and stormwater runoff in—
22 (A) pedestrian-only areas; and
23 (B) areas of low-volume, low-speed vehicular
24 use.
† HR 3684 EAS
385
1 (7) Purchasing of trees, site preparation, plant-
2 ing of trees, ongoing maintenance and monitoring of
3 trees, and repairing of storm damage to trees, with
4 priority given to—
5 (A) to the extent practicable, the planting of
6 native species; and
7 (B) projects located in a neighborhood with
8 lower tree cover or higher maximum daytime
9 summer temperatures compared to surrounding
10 neighborhoods.
11 (8) Assessing underground infrastructure and co-
12 ordinating with local transportation and utility pro-
13 viders.
14 (9) Hiring staff to conduct any of the activities
15 described in paragraphs (1) through (8).
16 (f) PRIORITY.—In awarding grants to eligible entities
17 under the program, the Secretary shall give priority to an
18 eligible entity—
19 (1) proposing to carry out an activity or project
20 in a low-income community or a disadvantaged com-
21 munity;
22 (2) that has entered into a community benefits
23 agreement with representatives of the community; or
† HR 3684 EAS
386
1 (3) that is partnering with a qualified youth or
2 conservation corps (as defined in section 203 of the
3 Public Lands Corps Act of 1993 (16 U.S.C. 1722)).
4 (g) DISTRIBUTION REQUIREMENT.—Of the amounts
5 made available to carry out the program for each fiscal
6 year, not less than 80 percent shall be provided for projects
7 in urbanized areas (as defined in section 101(a) of title 23,
8 United States Code).
9 (h) FEDERAL SHARE.—
10 (1) IN GENERAL.—Except as provided under
11 paragraph (2), the Federal share of the cost of a
12 project carried out under the program shall be 80 per-
13 cent.
14 (2) WAIVER.—The Secretary may increase the
15 Federal share requirement under paragraph (1) to
16 100 percent for projects carried out by an eligible en-
17 tity that demonstrates economic hardship, as deter-
18 mined by the Secretary.
19 (i) MAXIMUM GRANT AMOUNT.—An individual grant
20 under this section shall not exceed $15,000,000.
21 (j) TREATMENT OF PROJECTS.—Notwithstanding any
22 other provision of law, a project assisted under this section
23 shall be treated as a project on a Federal-aid highway under
24 chapter 1 of title 23, United States Code.
† HR 3684 EAS
387
1 Subtitle E—Miscellaneous
2 SEC. 11501. ADDITIONAL DEPOSITS INTO HIGHWAY TRUST
3 FUND.
† HR 3684 EAS
388
1 application at such time, in such form, and containing such
2 information as the Secretary determines to be appropriate,
3 which shall include, at a minimum—
4 (1) a description of the proposed bollard installa-
5 tion project to be carried out;
6 (2) a description of the pedestrian injury or ter-
7 rorism risks with respect to the proposed installation
8 area; and
9 (3) an analysis of how the proposed bollard in-
10 stallation project will mitigate those risks.
11 (d) USE OF FUNDS.—A recipient of a grant under this
12 section may only use the grant funds for a bollard installa-
13 tion project.
14 (e) FEDERAL SHARE.—The Federal share of the costs
15 of a bollard installation project carried out with a grant
16 under this section may be up to 100 percent.
17 (f) AUTHORIZATION OF APPROPRIATIONS.—There is
18 authorized to be appropriated to the Secretary to carry out
19 this section $5,000,000 for each of fiscal years 2022 through
20 2026.
21 (g) TREATMENT OF PROJECTS.—Notwithstanding any
22 other provision of law, a project assisted under this section
23 shall be treated as a project on a Federal-aid highway under
24 chapter 1 of title 23, United States Code.
† HR 3684 EAS
389
1 SEC. 11503. TRANSFER AND SALE OF TOLL CREDITS.
† HR 3684 EAS
390
1 (2) to identify the cash price of toll credits
2 through bilateral transactions between States;
3 (3) to analyze the impact of the purchase or sale
4 of toll credits on transportation expenditures;
5 (4) to test the feasibility of expanding the pilot
6 program to allow all States to participate on a per-
7 manent basis; and
8 (5) to identify any other repercussions of the toll
9 credit exchange.
10 (d) SELECTION OF ORIGINATING STATES.—
11 (1) APPLICATION.—In order to participate in the
12 pilot program as an originating State, a State shall
13 submit to the Secretary an application at such time,
14 in such manner, and containing such information as
15 the Secretary may require, including, at a minimum,
16 such information as is required for the Secretary to
17 verify—
18 (A) the amount of unused toll credits for
19 which the State has submitted certification to the
20 Secretary that are available to be sold or trans-
21 ferred under the pilot program, including—
22 (i) toll revenue generated and the
23 sources of that revenue;
24 (ii) toll revenue used by public, quasi-
25 public, and private agencies to build, im-
† HR 3684 EAS
391
1 prove, or maintain highways, bridges, or
2 tunnels that serve the public purpose of
3 interstate commerce; and
4 (iii) an accounting of any Federal
5 funds used by the public, quasi-public, or
6 private agency to build, improve, or main-
7 tain the toll facility, to validate that the
8 credit has been reduced by a percentage
9 equal to the percentage of the total cost of
10 building, improving, or maintaining the fa-
11 cility that was derived from Federal funds;
12 (B) the documentation of maintenance of ef-
13 fort for toll credits earned by the originating
14 State; and
15 (C) the accuracy of the accounting system of
16 the State to earn and track toll credits.
17 (2) SELECTION.—Of the States that submit an
18 application under paragraph (1), the Secretary may
19 select not more than 10 States to be designated as an
20 originating State.
21 (3) LIMITATION ON SALES.—At any time, the
22 Secretary may limit the amount of unused toll credits
23 that may be offered for sale under the pilot program.
24 (e) TRANSFER OR SALE OF CREDITS.—
† HR 3684 EAS
392
1 (1) IN GENERAL.—In carrying out the pilot pro-
2 gram, the Secretary shall provide that an originating
3 State may transfer or sell to a recipient State a cred-
4 it not previously used by the originating State under
5 section 120(i) of title 23, United States Code.
6 (2) WEBSITE SUPPORT.—The Secretary shall
7 make available a publicly accessible website on which
8 originating States shall post the amount of toll cred-
9 its, verified under subsection (d)(1)(A), that are
10 available for sale or transfer to a recipient State.
11 (3) BILATERAL TRANSACTIONS.—An originating
12 State and a recipient State may enter into a bilateral
13 transaction to sell or transfer verified toll credits.
14 (4) NOTIFICATION.—Not later than 30 days after
15 the date on which a credit is transferred or sold, the
16 originating State and the recipient State shall jointly
17 submit to the Secretary a written notification of the
18 transfer or sale, including details on—
19 (A) the amount of toll credits that have been
20 sold or transferred;
21 (B) the price paid or other value transferred
22 in exchange for the toll credits;
23 (C) the intended use by the recipient State
24 of the toll credits, if known;
† HR 3684 EAS
393
1 (D) the intended use by the originating
2 State of the cash or other value transferred;
3 (E) an update on the toll credit balance of
4 the originating State and the recipient State;
5 and
6 (F) any other information about the trans-
7 action that the Secretary may require.
8 (5) USE OF CREDITS BY TRANSFEREE OR PUR-
† HR 3684 EAS
394
1 Committee on Transportation and Infrastructure of
2 the House of Representatives a report on the progress
3 of the pilot program.
4 (2) FINAL REPORT.—Not later than 3 years after
5 the date on which the pilot program is established, the
6 Secretary shall—
7 (A) submit to the Committee on Environ-
8 ment and Public Works of the Senate and the
9 Committee on Transportation and Infrastructure
10 of the House of Representatives a report that—
11 (i) determines whether a toll credit
12 marketplace is viable and cost-effective;
13 (ii) describes the buying and selling ac-
14 tivities under the pilot program;
15 (iii) describes the average sale price of
16 toll credits;
17 (iv) determines whether the pilot pro-
18 gram could be expanded to more States or
19 all States or to non-State operators of toll
20 facilities;
21 (v) provides updated information on
22 the toll credit balance accumulated by each
23 State; and
24 (vi) describes the list of projects that
25 were assisted by the pilot program; and
† HR 3684 EAS
395
1 (B) make the report under subparagraph
2 (A) publicly available on the website of the De-
3 partment.
4 (g) TERMINATION.—
5 (1) IN GENERAL.—The Secretary may terminate
6 the pilot program or the participation of any State
7 in the pilot program if the Secretary determines
8 that—
9 (A) the pilot program is not serving a pub-
10 lic benefit; or
11 (B) it is not cost effective to carry out the
12 pilot program.
13 (2) PROCEDURES.—The termination of the pilot
14 program or the participation of a State in the pilot
15 program shall be carried out consistent with Federal
16 requirements for project closeout, adjustment, and
17 continuing responsibilities.
18 SEC. 11504. STUDY OF IMPACTS ON ROADS FROM SELF-
19 DRIVING VEHICLES.
† HR 3684 EAS
396
1 (1) the Interstate System (as defined in section
2 101(a) of title 23, United States Code);
3 (2) urban roads;
4 (3) rural roads;
5 (4) corridors with heavy traffic congestion;
6 (5) transportation systems optimization; and
7 (6) any other areas or issues relevant to oper-
8 ations of the Federal Highway Administration that
9 the Secretary determines to be appropriate.
10 (b) CONTENTS OF STUDY.—The study under subsection
11 (a) shall include specific recommendations for both rural
12 and urban communities regarding the impacts of self-driv-
13 ing vehicles on existing transportation system capacity.
14 (c) CONSIDERATIONS.—In carrying out the study
15 under subsection (a), the Secretary shall—
16 (1) consider the need for and recommend any
17 policy changes to be undertaken by the Federal High-
18 way Administration on the impacts of self-driving ve-
19 hicles as identified under paragraph (2); and
20 (2) for both rural and urban communities, in-
21 clude a discussion of—
22 (A) the impacts that self-driving vehicles
23 will have on existing transportation infrastruc-
24 ture, such as signage and markings, traffic
25 lights, and highway capacity and design;
† HR 3684 EAS
397
1 (B) the impact on commercial and private
2 traffic flows;
3 (C) infrastructure improvement needs that
4 may be necessary for transportation infrastruc-
5 ture to accommodate self-driving vehicles;
6 (D) the impact of self-driving vehicles on
7 the environment, congestion, and vehicle miles
8 traveled; and
9 (E) the impact of self-driving vehicles on
10 mobility.
11 (d) COORDINATION.—In carrying out the study under
12 subsection (a), the Secretary shall consider and incorporate
13 relevant current and ongoing research of the Department.
14 (e) CONSULTATION.—In carrying out the study under
15 subsection (a), the Secretary shall convene and consult with
16 a panel of national experts in both rural and urban trans-
17 portation, including—
18 (1) operators and users of the Interstate System
19 (as defined in section 101(a) of title 23, United States
20 Code), including private sector stakeholders;
21 (2) States and State departments of transpor-
22 tation;
23 (3) metropolitan planning organizations;
24 (4) the motor carrier industry;
† HR 3684 EAS
398
1 (5) representatives of public transportation agen-
2 cies or organizations;
3 (6) highway safety and academic groups;
4 (7) nonprofit entities with experience in trans-
5 portation policy;
6 (8) National Laboratories (as defined in section
7 2 of the Energy Policy Act of 2005 (42 U.S.C.
8 15801));
9 (9) environmental stakeholders; and
10 (10) self-driving vehicle producers, manufactur-
11 ers, and technology developers.
12 (f) REPORT.—Not later than 1 year after the date on
13 which the study under subsection (a) is initiated, the Sec-
14 retary shall submit a report on the results of the study to—
15 (1) the Committee on Environment and Public
16 Works of the Senate; and
17 (2) the Committee on Transportation and Infra-
18 structure of the House of Representatives.
19 SEC. 11505. DISASTER RELIEF MOBILIZATION STUDY.
† HR 3684 EAS
399
1 (3) a metropolitan planning organization (as de-
2 fined in section 134(b) of title 23, United States
3 Code);
4 (4) a rural planning organization; or
5 (5) a Tribal government.
6 (b) STUDY.—
7 (1) IN GENERAL.—The Secretary shall carry out
8 a study to determine the utility of incorporating the
9 use of bicycles into the disaster preparedness and dis-
10 aster response plans of local communities.
11 (2) REQUIREMENTS.—The study carried out
12 under paragraph (1) shall include—
13 (A) a vulnerability assessment of the infra-
14 structure in local communities as of the date of
15 enactment of this Act that supports active trans-
16 portation, including bicycling, walking, and per-
17 sonal mobility devices, with a particular focus
18 on areas in local communities that—
19 (i) have low levels of vehicle ownership;
20 and
21 (ii) lack sufficient active transpor-
22 tation infrastructure routes to public trans-
23 portation;
24 (B) an evaluation of whether disaster pre-
25 paredness and disaster response plans should in-
† HR 3684 EAS
400
1 clude the use of bicycles by first responders,
2 emergency workers, and community organization
3 representatives—
4 (i) during a mandatory or voluntary
5 evacuation ordered by a Federal, State,
6 Tribal, or local government entity—
7 (I) to notify residents of the need
8 to evacuate;
9 (II) to evacuate individuals and
10 goods; and
11 (III) to reach individuals who are
12 in need of first aid and medical assist-
13 ance; and
14 (ii) after a disaster or emergency de-
15 clared by a Federal, State, Tribal, or local
16 government entity—
17 (I) to participate in search and
18 rescue activities;
19 (II) to carry commodities to be
20 used for life-saving or life-sustaining
21 purposes, including—
22 (aa) water;
23 (bb) food;
24 (cc) first aid and other med-
25 ical supplies; and
† HR 3684 EAS
401
1 (dd) power sources and elec-
2 tric supplies, such as cell phones,
3 radios, lights, and batteries;
4 (III) to reach individuals who are
5 in need of the commodities described in
6 subclause (II); and
7 (IV) to assist with other disaster
8 relief tasks, as appropriate; and
9 (C) a review of training programs for first
10 responders, emergency workers, and community
11 organization representatives relating to—
12 (i) competent bicycle skills, including
13 the use of cargo bicycles and electric bicy-
14 cles, as applicable;
15 (ii) basic bicycle maintenance;
16 (iii) compliance with relevant traffic
17 safety laws;
18 (iv) methods to use bicycles to carry
19 out the activities described in clauses (i)
20 and (ii) of subparagraph (2)(B); and
21 (v) exercises conducted for the purpose
22 of—
23 (I) exercising the skills described
24 in clause (i); and
† HR 3684 EAS
402
1 (II) maintaining bicycles and re-
2 lated equipment.
3 (c) REPORT.—Not later than 2 years after the date of
4 enactment of this Act, the Secretary shall submit to the
5 Committee on Environment and Public Works of the Senate
6 and the Committee on Transportation and Infrastructure
7 of the House of Representatives a report that—
8 (1) describes the results of the study carried out
9 under subsection (b); and
10 (2) provides recommendations, if any, relating
11 to—
12 (A) the methods by which to incorporate bi-
13 cycles into disaster preparedness and disaster re-
14 sponse plans of local communities; and
15 (B) improvements to training programs de-
16 scribed in subsection (b)(2)(C).
17 SEC. 11506. APPALACHIAN REGIONAL COMMISSION.
† HR 3684 EAS
403
1 (2) in subparagraph (J), by striking ‘‘and
2 Spartanburg’’ and inserting ‘‘Spartanburg, and
3 Union’’; and
4 (3) in subparagraph (M), by inserting ‘‘, of
5 which the counties of Brooke, Hancock, Marshall, and
6 Ohio shall be considered to be located in the North
7 Central subregion’’ after ‘‘West Virginia’’.
8 (b) FUNCTIONS.—Section 14303(a) of title 40, United
9 States Code, is amended—
10 (1) in paragraph (9), by striking ‘‘and’’ at the
11 end;
12 (2) in paragraph (10), by striking the period at
13 the end and inserting ‘‘; and’’; and
14 (3) by adding at the end the following:
15 ‘‘(11) support broadband access in the Appa-
16 lachian region.’’.
17 (c) CONGRESSIONAL NOTIFICATION.—
18 (1) IN GENERAL.—Subchapter II of chapter 143
19 of subtitle IV of title 40, United States Code, is
20 amended by adding at the end the following:
21 ‘‘§ 14323. Congressional notification
22 ‘‘(a) IN GENERAL.—In the case of a project described
23 in subsection (b), the Appalachian Regional Commission
24 shall provide to the Committee on Transportation and In-
25 frastructure of the House of Representatives and the Com-
† HR 3684 EAS
404
1 mittee on Environment and Public Works of the Senate no-
2 tice of the award of a grant or other financial assistance
3 not less than 3 full business days before awarding the grant
4 or other financial assistance.
5 ‘‘(b) PROJECTS DESCRIBED.—A project referred to in
6 subsection (a) is a project that the Appalachian Regional
7 Commission has selected to receive a grant or other finan-
8 cial assistance under this subtitle in an amount not less
9 than $50,000.’’.
10 (2) CLERICAL AMENDMENT.—The analysis for
11 subchapter II of chapter 143 of subtitle IV of title 40,
12 United States Code, is amended by adding at the end
13 the following:
‘‘14323. Congressional notification.’’.
† HR 3684 EAS
405
1 (2) by redesignating subsections (b) through (d)
2 as subsections (c) through (e), respectively;
3 (3) by inserting after subsection (a) the fol-
4 lowing:
5 ‘‘(b) ELIGIBLE PROJECTS AND ACTIVITIES.—A project
6 or activity eligible to be carried out under this section is
7 a project or activity—
8 ‘‘(1) to conduct research, analysis, and training
9 to increase broadband adoption efforts in the Appa-
10 lachian region; or
11 ‘‘(2) for the construction and deployment of
12 broadband service-related infrastructure in the Appa-
13 lachian region.’’;
14 (4) in subsection (d) (as so redesignated), in the
15 matter preceding paragraph (1), by striking ‘‘sub-
16 section (b)’’ and inserting ‘‘subsection (c)’’; and
17 (5) by adding at the end the following:
18 ‘‘(f) REQUEST FOR DATA.—Before making a grant for
19 a project or activity described in subsection (b)(2), the Ap-
20 palachian Regional Commission shall request from the Fed-
21 eral Communications Commission, the National Tele-
22 communications and Information Administration, the Eco-
23 nomic Development Administration, and the Department of
24 Agriculture data on—
† HR 3684 EAS
406
1 ‘‘(1) the level and extent of broadband service
2 that exists in the area proposed to be served by the
3 broadband service-related infrastructure; and
4 ‘‘(2) the level and extent of broadband service
5 that will be deployed in the area proposed to be served
6 by the broadband service-related infrastructure pursu-
7 ant to another Federal program.
8 ‘‘(g) REQUIREMENT.—For each fiscal year, not less
9 than 65 percent of the amounts made available to carry
10 out this section shall be used for grants for projects and
11 activities described in subsection (b)(2).’’.
12 (e) APPALACHIAN REGIONAL ENERGY HUB INITIA-
13 TIVE.—
† HR 3684 EAS
407
1 ergy market performance due to the scale of the
2 project, such as a project with the capacity to store
3 and distribute more than 100,000 barrels per day of
4 hydrocarbon feedstock with a minimum gross heating
5 value of 1,700 Btu per standard cubic foot;
6 ‘‘(2) with the potential to significantly con-
7 tribute to the economic resilience of the area in which
8 the project is located; and
9 ‘‘(3) that will help establish a regional energy
10 hub in the Appalachian region for natural gas and
11 natural gas liquids, including hydrogen produced
12 from the steam methane reforming of natural gas
13 feedstocks.
14 ‘‘(b) LIMITATION ON AVAILABLE AMOUNTS.—Of the
15 cost of any project or activity eligible for a grant under
16 this section—
17 ‘‘(1) except as provided in paragraphs (2) and
18 (3), not more than 50 percent may be provided from
19 amounts made available to carry out this section;
20 ‘‘(2) in the case of a project or activity to be car-
21 ried out in a county for which a distressed county
22 designation is in effect under section 14526, not more
23 than 80 percent may be provided from amounts made
24 available to carry out this section; and
† HR 3684 EAS
408
1 ‘‘(3) in the case of a project or activity to be car-
2 ried out in a county for which an at-risk county des-
3 ignation is in effect under section 14526, not more
4 than 70 percent may be provided from amounts made
5 available to carry out this section.
6 ‘‘(c) SOURCES OF ASSISTANCE.—Subject to subsection
7 (b), a grant provided under this section may be provided
8 from amounts made available to carry out this section, in
9 combination with amounts made available—
10 ‘‘(1) under any other Federal program; or
11 ‘‘(2) from any other source.
12 ‘‘(d) FEDERAL SHARE.—Notwithstanding any provi-
13 sion of law limiting the Federal share under any other Fed-
14 eral program, amounts made available to carry out this sec-
15 tion may be used to increase that Federal share, as the Ap-
16 palachian Regional Commission determines to be appro-
17 priate.’’.
18 (2) CLERICAL AMENDMENT.—The analysis for
19 subchapter I of chapter 145 of title 40, United States
20 Code, is amended by adding at the end the following:
‘‘14511. Appalachian regional energy hub initiative.’’.
† HR 3684 EAS
410
1 277), there is authorized to be appropriated $20,000,000 for
2 each of fiscal years 2022 through 2026 to carry out that
3 section.
4 (b) TRANSFERS OF FUNDS.—Section 311(c) of the
5 Denali Commission Act of 1998 (42 U.S.C. 3121 note; Pub-
6 lic Law 105–277) is amended—
7 (1) in paragraph (1), by striking ‘‘and’’ at the
8 end;
9 (2) in paragraph (2), by striking the period at
10 the end and inserting ‘‘; and’’; and
11 (3) by adding at the end the following:
12 ‘‘(3) notwithstanding any other provision of law,
13 shall—
14 ‘‘(A) be treated as if directly appropriated
15 to the Commission and subject to applicable pro-
16 visions of this Act; and
17 ‘‘(B) not be subject to any requirements that
18 applied to the funds before the transfer, includ-
19 ing a requirement in an appropriations Act or
20 a requirement or regulation of the Federal agen-
21 cy from which the funds are transferred.’’.
22 SEC. 11508. REQUIREMENTS FOR TRANSPORTATION
24 PRIVATE PARTNERSHIPS.
† HR 3684 EAS
411
1 (1) PROJECT.—The term ‘‘project’’ means a
2 project (as defined in section 101 of title 23, United
3 States Code) that—
4 (A) is carried out, in whole or in part,
5 using Federal financial assistance; and
6 (B) has an estimated total cost of
7 $100,000,000 or more.
8 (2) PUBLIC-PRIVATE PARTNERSHIP.—The term
9 ‘‘public-private partnership’’ means an agreement be-
10 tween a public agency and a private entity to fi-
11 nance, build, and maintain or operate a project.
12 (b) REQUIREMENTS FOR PROJECTS CARRIED OUT
13 THROUGH PUBLIC-PRIVATE PARTNERSHIPS.—With respect
14 to a public-private partnership, as a condition of receiving
15 Federal financial assistance for a project, the Secretary
16 shall require the public partner, not later than 3 years after
17 the date of opening of the project to traffic—
18 (1) to conduct a review of the project, including
19 a review of the compliance of the private partner with
20 the terms of the public-private partnership agreement;
21 (2)(A) to certify to the Secretary that the private
22 partner of the public-private partnership is meeting
23 the terms of the public-private partnership agreement
24 for the project; or
† HR 3684 EAS
412
1 (B) to notify the Secretary that the private part-
2 ner of the public-private partnership has not met 1
3 or more of the terms of the public-private partnership
4 agreement for the project, including a brief descrip-
5 tion of each violation of the public-private partner-
6 ship agreement; and
7 (3) to make publicly available the certification or
8 notification, as applicable, under paragraph (2) in a
9 form that does not disclose any proprietary or con-
10 fidential business information.
11 (c) NOTIFICATION.—If the Secretary provides Federal
12 financial assistance to a project carried out through a pub-
13 lic-private partnership, not later than 30 days after the
14 date on which the Federal financial assistance is first obli-
15 gated, the Secretary shall submit to the Committee on Envi-
16 ronment and Public Works of the Senate and the Committee
17 on Transportation and Infrastructure of the House of Rep-
18 resentatives a notification of the Federal financial assist-
19 ance made available for the project.
20 (d) VALUE FOR MONEY ANALYSIS.—
21 (1) PROJECT APPROVAL AND OVERSIGHT.—Sec-
† HR 3684 EAS
413
1 (B) by redesignating subparagraph (D) as
2 subparagraph (E); and
3 (C) by inserting after subparagraph (C) the
4 following:
5 ‘‘(D) for a project in which the project spon-
6 sor intends to carry out the project through a
7 public-private partnership agreement, shall in-
8 clude a detailed value for money analysis or
9 similar comparative analysis for the project;
10 and’’.
11 (2) SURFACE TRANSPORTATION BLOCK GRANT
† HR 3684 EAS
414
1 ‘‘(B) determined the appropriateness of the
2 public-private partnership agreement.’’.
3 (e) APPLICABILITY.—This section and the amendments
4 made by this section shall only apply to a public-private
5 partnership agreement entered into on or after the date of
6 enactment of this Act.
7 SEC. 11509. RECONNECTING COMMUNITIES PILOT PRO-
8 GRAM.
† HR 3684 EAS
415
1 (1) to study the feasibility and impacts of re-
2 moving, retrofitting, or mitigating an existing eligible
3 facility;
4 (2) to conduct planning activities necessary to
5 design a project to remove, retrofit, or mitigate an ex-
6 isting eligible facility; and
7 (3) to conduct construction activities necessary
8 to carry out a project to remove, retrofit, or mitigate
9 an existing eligible facility.
10 (c) PLANNING GRANTS.—
11 (1) ELIGIBLE ENTITIES.—The Secretary may
12 award a grant (referred to in this section as a ‘‘plan-
13 ning grant’’) to carry out planning activities de-
14 scribed in paragraph (2) to—
15 (A) a State;
16 (B) a unit of local government;
17 (C) a Tribal government;
18 (D) a metropolitan planning organization;
19 and
20 (E) a nonprofit organization.
21 (2) ELIGIBLE ACTIVITIES DESCRIBED.—The
† HR 3684 EAS
416
1 existing eligible facility to restore community
2 connectivity, including evaluations of—
3 (i) current traffic patterns on the eligi-
4 ble facility proposed for removal, retrofit, or
5 mitigation and the surrounding street net-
6 work;
7 (ii) the capacity of existing transpor-
8 tation networks to maintain mobility needs;
9 (iii) an analysis of alternative road-
10 way designs or other uses for the right-of-
11 way of the eligible facility, including an
12 analysis of whether the available right-of-
13 way would suffice to create an alternative
14 roadway design;
15 (iv) the effect of the removal, retrofit,
16 or mitigation of the eligible facility on the
17 mobility of freight and people;
18 (v) the effect of the removal, retrofit, or
19 mitigation of the eligible facility on the
20 safety of the traveling public;
21 (vi) the cost to remove, retrofit, or
22 mitigate the eligible facility—
23 (I) to restore community
24 connectivity; and
† HR 3684 EAS
417
1 (II) to convert the eligible facility
2 to a different roadway design or use,
3 compared to any expected costs for nec-
4 essary maintenance or reconstruction
5 of the eligible facility;
6 (vii) the anticipated economic impact
7 of removing, retrofitting, or mitigating and
8 converting the eligible facility and any eco-
9 nomic development opportunities that would
10 be created by removing, retrofitting, or
11 mitigating and converting the eligible facil-
12 ity; and
13 (viii) the environmental impacts of re-
14 taining or reconstructing the eligible facil-
15 ity and the anticipated effect of the pro-
16 posed alternative use or roadway design;
17 (B) public engagement activities to provide
18 opportunities for public input into a plan to re-
19 move and convert an eligible facility; and
20 (C) other transportation planning activities
21 required in advance of a project to remove, ret-
22 rofit, or mitigate an existing eligible facility to
23 restore community connectivity, as determined
24 by the Secretary.
25 (3) TECHNICAL ASSISTANCE PROGRAM.—
† HR 3684 EAS
418
1 (A) IN GENERAL.—The Secretary may pro-
2 vide technical assistance described in subpara-
3 graph (B) to an eligible entity.
4 (B) TECHNICAL ASSISTANCE DESCRIBED.—
† HR 3684 EAS
419
1 (ii) technical assistance under para-
2 graph (3); and
3 (B) evaluate applications for a planning
4 grant on the basis of the demonstration by the
5 applicant that—
6 (i) the eligible facility is aged and is
7 likely to need replacement or significant re-
8 construction within the 20-year period be-
9 ginning on the date of the submission of the
10 application;
11 (ii) the eligible facility—
12 (I) creates barriers to mobility,
13 access, or economic development; or
14 (II) is not justified by current
15 and forecast future travel demand; and
16 (iii) on the basis of preliminary inves-
17 tigations into the feasibility of removing,
18 retrofitting, or mitigating the eligible facil-
19 ity to restore community connectivity, fur-
20 ther investigation is necessary and likely to
21 be productive.
22 (5) AWARD AMOUNTS.—A planning grant may
23 not exceed $2,000,000 per recipient.
† HR 3684 EAS
420
1 (6) FEDERAL SHARE.—The total Federal share
2 of the cost of a planning activity for which a plan-
3 ning grant is used shall not exceed 80 percent.
4 (d) CAPITAL CONSTRUCTION GRANTS.—
5 (1) ELIGIBLE ENTITIES.—The Secretary may
6 award a grant (referred to in this section as a ‘‘cap-
7 ital construction grant’’) to the owner of an eligible
8 facility to carry out an eligible project described in
9 paragraph (3) for which all necessary feasibility stud-
10 ies and other planning activities have been completed.
11 (2) PARTNERSHIPS.—An owner of an eligible fa-
12 cility may, for the purposes of submitting an applica-
13 tion for a capital construction grant, if applicable,
14 partner with—
15 (A) a State;
16 (B) a unit of local government;
17 (C) a Tribal government;
18 (D) a metropolitan planning organization;
19 or
20 (E) a nonprofit organization.
21 (3) ELIGIBLE PROJECTS.—A project eligible to be
22 carried out with a capital construction grant in-
23 cludes—
24 (A) the removal, retrofit, or mitigation of
25 an eligible facility; and
† HR 3684 EAS
421
1 (B) the replacement of an eligible facility
2 with a new facility that—
3 (i) restores community connectivity;
4 and
5 (ii) is—
6 (I) sensitive to the context of the
7 surrounding community; and
8 (II) otherwise eligible for funding
9 under title 23, United States Code.
10 (4) SELECTION.—The Secretary shall—
11 (A) solicit applications for capital construc-
12 tion grants; and
13 (B) evaluate applications on the basis of—
14 (i) the degree to which the project will
15 improve mobility and access through the re-
16 moval of barriers;
17 (ii) the appropriateness of removing,
18 retrofitting, or mitigating the eligible facil-
19 ity, based on current traffic patterns and
20 the ability of the replacement facility and
21 the regional transportation network to ab-
22 sorb transportation demand and provide
23 safe mobility and access;
24 (iii) the impact of the project on
25 freight movement;
† HR 3684 EAS
422
1 (iv) the results of a cost-benefit anal-
2 ysis of the project;
3 (v) the opportunities for inclusive eco-
4 nomic development;
5 (vi) the degree to which the eligible fa-
6 cility is out of context with the current or
7 planned land use;
8 (vii) the results of any feasibility study
9 completed for the project; and
10 (viii) the plan of the applicant for—
11 (I) employing residents in the
12 area impacted by the project through
13 targeted hiring programs, in partner-
14 ship with registered apprenticeship
15 programs, if applicable; and
16 (II) contracting and subcon-
17 tracting with disadvantaged business
18 enterprises.
19 (5) MINIMUM AWARD AMOUNTS.—A capital con-
20 struction grant shall be in an amount not less than
21 $5,000,000 per recipient.
22 (6) FEDERAL SHARE.—
† HR 3684 EAS
423
1 50 percent of the total cost of the project for
2 which the grant is awarded.
3 (B) MAXIMUM FEDERAL INVOLVEMENT.—
† HR 3684 EAS
424
1 paragraph (A), the community advisory board
2 shall be composed of representatives of—
3 (i) the community;
4 (ii) owners of businesses that serve the
5 community;
6 (iii) labor organizations that represent
7 workers that serve the community; and
8 (iv) State and local government.
9 (e) REPORTS.—
10 (1) USDOT REPORT ON PROGRAM.—Not later
11 than January 1, 2026, the Secretary shall submit to
12 the Committee on Environment and Public Works of
13 the Senate and the Committee on Transportation and
14 Infrastructure of the House of Representatives a re-
15 port that evaluates the program under this section,
16 including—
17 (A) information about the level of applicant
18 interest in planning grants, technical assistance
19 under subsection (c)(3), and capital construction
20 grants, including the extent to which overall de-
21 mand exceeded available funds; and
22 (B) for recipients of capital construction
23 grants, the outcomes and impacts of the highway
24 removal project, including—
† HR 3684 EAS
425
1 (i) any changes in the overall level of
2 mobility, congestion, access, and safety in
3 the project area; and
4 (ii) environmental impacts and eco-
5 nomic development opportunities in the
6 project area.
7 (2) GAO REPORT ON HIGHWAY REMOVALS.—Not
† HR 3684 EAS
426
1 (E) provides recommendations for inte-
2 grating those assessments into transportation
3 planning and decision-making processes.
4 (f) TECHNICAL ASSISTANCE.—Of the funds made
5 available to carry out this section for planning grants, the
6 Secretary may use not more than $15,000,000 during the
7 period of fiscal years 2022 through 2026 to provide tech-
8 nical assistance under subsection (c)(3).
9 (g) TREATMENT OF PROJECTS.—Notwithstanding any
10 other provision of law, a project assisted under this section
11 shall be treated as a project on a Federal-aid highway under
12 chapter 1 of title 23, United States Code.
13 SEC. 11510. CYBERSECURITY TOOL; CYBER COORDINATOR.
† HR 3684 EAS
427
1 (B) an owner or operator of a highway (as
2 defined in section 101(a) of title 23, United
3 States Code);
4 (C) a manufacturer that manufactures a
5 product related to transportation; and
6 (D) a division office of the Federal High-
7 way Administration.
8 (b) CYBERSECURITY TOOL.—
9 (1) IN GENERAL.—Not later than 2 years after
10 the date of enactment of this Act, the Administrator
11 shall develop a tool to assist transportation authori-
12 ties in identifying, detecting, protecting against, re-
13 sponding to, and recovering from cyber incidents.
14 (2) REQUIREMENTS.—In developing the tool
15 under paragraph (1), the Administrator shall—
16 (A) use the cybersecurity framework estab-
17 lished by the National Institute of Standards
18 and Technology and required by Executive Order
19 13636 of February 12, 2013 (78 Fed. Reg.
20 11739; relating to improving critical infrastruc-
21 ture cybersecurity);
22 (B) establish a structured cybersecurity as-
23 sessment and development program;
† HR 3684 EAS
428
1 (C) coordinate with the Transportation Se-
2 curity Administration and the Cybersecurity
3 and Infrastructure Security Agency;
4 (D) consult with appropriate transportation
5 authorities, operating agencies, industry stake-
6 holders, and cybersecurity experts; and
7 (E) provide for a period of public comment
8 and review on the tool.
9 (c) DESIGNATION OF CYBER COORDINATOR.—
10 (1) IN GENERAL.—Not later than 2 years after
11 the date of enactment of this Act, the Administrator
12 shall designate an office as a ‘‘cyber coordinator’’,
13 which shall be responsible for monitoring, alerting,
14 and advising transportation authorities of cyber inci-
15 dents.
16 (2) REQUIREMENTS.—The office designated
17 under paragraph (1) shall, in coordination with the
18 Transportation Security Administration and the Cy-
19 bersecurity and Infrastructure Security Agency—
20 (A) provide to transportation authorities a
21 secure method of notifying the Federal Highway
22 Administration of cyber incidents;
23 (B) share the information collected under
24 subparagraph (A) with the Transportation Secu-
† HR 3684 EAS
429
1 rity Administration and the Cybersecurity and
2 Infrastructure Security Agency;
3 (C) monitor cyber incidents that affect
4 transportation authorities;
5 (D) alert transportation authorities to cyber
6 incidents that affect those transportation au-
7 thorities;
8 (E) investigate unaddressed cyber incidents
9 that affect transportation authorities; and
10 (F) provide to transportation authorities
11 educational resources, outreach, and awareness
12 on fundamental principles and best practices in
13 cybersecurity for transportation systems.
14 SEC. 11511. REPORT ON EMERGING ALTERNATIVE FUEL VE-
† HR 3684 EAS
430
1 emerging alternative fueling infrastructure, the Secretary
2 shall submit to Congress and make publicly available a re-
3 port that—
4 (1) includes an evaluation of emerging alter-
5 native fuel vehicles and projections for potential loca-
6 tions of emerging alternative fuel vehicle owners dur-
7 ing the 5-year period beginning on the date of sub-
8 mission of the report;
9 (2) identifies areas where emerging alternative
10 fueling infrastructure will be needed to meet the cur-
11 rent and future needs of drivers during the 5-year pe-
12 riod beginning on the date of submission of the report;
13 (3) identifies specific areas, such as a lack of
14 pipeline infrastructure, that may impede deployment
15 and adoption of emerging alternative fuel vehicles;
16 (4) includes a map that identifies concentrations
17 of emerging alternative fuel vehicles to meet the needs
18 of current and future emerging alternative fueling in-
19 frastructure;
20 (5) estimates the future need for emerging alter-
21 native fueling infrastructure to support the adoption
22 and use of emerging alternative fuel vehicles; and
23 (6) includes a tool to allow States to compare
24 and evaluate different adoption and use scenarios for
25 emerging alternative fuel vehicles, with the ability to
† HR 3684 EAS
431
1 adjust factors to account for regionally specific char-
2 acteristics.
3 SEC. 11512. NONHIGHWAY RECREATIONAL FUEL STUDY.
† HR 3684 EAS
432
1 mined by the Secretary, the Secretary shall carry out
2 an assessment of the best available estimate of the
3 total amount of nonhighway recreational fuel taxes
4 received by the Secretary of the Treasury and trans-
5 ferred to the Highway Trust Fund for the period cov-
6 ered by the assessment.
7 (2) REPORT.—After carrying out each assess-
8 ment under paragraph (1), the Secretary shall submit
9 to the Committees on Finance and Environment and
10 Public Works of the Senate and the Committees on
11 Ways and Means and Transportation and Infrastruc-
12 ture of the House of Representatives a report that in-
13 cludes—
14 (A) to assist Congress in determining an
15 appropriate funding level for the recreational
16 trails program—
17 (i) a description of the results of the
18 assessment; and
19 (ii) an evaluation of whether the cur-
20 rent recreational trails program funding
21 level reflects the amount of nonhighway rec-
22 reational fuel taxes collected and transferred
23 to the Highway Trust Fund; and
24 (B) in the case of the first report submitted
25 under this paragraph, an estimate of the fre-
† HR 3684 EAS
433
1 quency with which the Secretary anticipates car-
2 rying out the assessment under paragraph (1),
3 subject to the condition that such an assessment
4 shall be carried out not less frequently than once
5 every 5 years.
6 (c) CONSULTATION.—In carrying out an assessment
7 under subsection (b)(1), the Secretary may consult with, as
8 the Secretary determines to be appropriate—
9 (1) the heads of—
10 (A) State agencies designated by Governors
11 pursuant to section 206(c)(1) of title 23, United
12 States Code, to administer the recreational trails
13 program; and
14 (B) division offices of the Department;
15 (2) the Secretary of the Treasury;
16 (3) the Administrator of the Federal Highway
17 Administration; and
18 (4) groups representing recreational activities
19 and interests, including hiking, biking and mountain
20 biking, horseback riding, water trails, snowshoeing,
21 cross-country skiing, snowmobiling, off-highway
22 motorcycling, all-terrain vehicles and other offroad
23 motorized vehicle activities, and recreational trail ad-
24 vocates.
† HR 3684 EAS
434
1 SEC. 11513. BUY AMERICA.
22 HIGHWAY SYSTEM.
† HR 3684 EAS
436
1 Burrs Crossing and including a loop generally
2 encircling Bryan/College Station, Texas;
3 ‘‘(D) following United States Route 83
4 southward from the vicinity of Eden, Texas, to
5 a logical connection to Interstate Route 10 at
6 Junction, Texas;
7 ‘‘(E) following United States Route 69 from
8 Interstate Route 10 in Beaumont, Texas, north
9 to United States Route 190 in the vicinity of
10 Woodville, Texas;
11 ‘‘(F) following United States Route 96 from
12 Interstate Route 10 in Beaumont, Texas, north
13 to United States Route 190 in the vicinity of
14 Jasper, Texas; and
15 ‘‘(G) following United States Route 190,
16 State Highway 305, and United States Route
17 385 from Interstate Route 10 in Pecos County,
18 Texas, to Interstate 20 at Odessa, Texas.’’; and
19 (2) by adding at the end the following:
20 ‘‘(92) United States Route 421 from the inter-
21 change with Interstate Route 85 in Greensboro, North
22 Carolina, to the interchange with Interstate Route 95
23 in Dunn, North Carolina.
24 ‘‘(93) The South Mississippi Corridor from the
25 Louisiana and Mississippi border near Natchez, Mis-
† HR 3684 EAS
437
1 sissippi, to Gulfport, Mississippi, shall generally fol-
2 low—
3 ‘‘(A) United States Route 84 from the Lou-
4 isiana border at the Mississippi River passing in
5 the vicinity of Natchez, Brookhaven, Monticello,
6 Prentiss, and Collins, Mississippi, to the logical
7 terminus with Interstate Route 59 in the vicin-
8 ity of Laurel, Mississippi, and continuing on
9 Interstate Route 59 south to the vicinity of Hat-
10 tiesburg, Mississippi; and
11 ‘‘(B) United States Route 49 from the vicin-
12 ity of Hattiesburg, Mississippi, south to Inter-
13 state Route 10 in the vicinity of Gulfport, Mis-
14 sissippi, following Mississippi Route 601 south
15 and terminating near the Mississippi State Port
16 at Gulfport.
17 ‘‘(94) The Kosciusko to Gulf Coast corridor com-
18 mencing at the logical terminus of Interstate Route
19 55 near Vaiden, Mississippi, running south and pass-
20 ing east of the vicinity of the Jackson Urbanized
21 Area, connecting to United States Route 49 north of
22 Hattiesburg, Mississippi, and generally following
23 United States Route 49 to a logical connection with
24 Interstate Route 10 in the vicinity of Gulfport, Mis-
25 sissippi.
† HR 3684 EAS
438
1 ‘‘(95) The Interstate Route 22 spur from the vi-
2 cinity of Tupelo, Mississippi, running south generally
3 along United States Route 45 to the vicinity of Shan-
4 non, Mississippi.
5 ‘‘(96) The route that generally follows United
6 States Route 412 from its intersection with Interstate
7 Route 35 in Noble County, Oklahoma, passing
8 through Tulsa, Oklahoma, to its intersection with
9 Interstate Route 49 in Springdale, Arkansas.
10 ‘‘(97) The Louie B. Nunn Cumberland Express-
11 way from the interchange with Interstate Route 65 in
12 Barren County, Kentucky, east to the interchange
13 with United States Highway 27 in Somerset, Ken-
14 tucky.
15 ‘‘(98) The route that generally follows State
16 Route 7 from Grenada, Mississippi, to Holly Springs,
17 Mississippi, passing in the vicinity of Coffeeville,
18 Water Valley, Oxford, and Abbeville, Mississippi, to
19 its logical connection with Interstate Route 22 in the
20 vicinity of Holly Springs, Mississippi.
21 ‘‘(99) The Central Louisiana Corridor com-
22 mencing at the logical terminus of Louisiana High-
23 way 8 at the Sabine River Bridge at Burrs Crossing
24 and generally following portions of Louisiana High-
25 way 8 to Leesville, Louisiana, and then eastward on
† HR 3684 EAS
439
1 Louisiana Highway 28, passing in the vicinity of Al-
2 exandria, Pineville, Walters, and Archie, to the log-
3 ical terminus of United States Route 84 at the Mis-
4 sissippi River Bridge at Vidalia, Louisiana.
5 ‘‘(100) The Central Mississippi Corridor, includ-
6 ing the route—
7 ‘‘(A) commencing at the logical terminus of
8 United States Route 84 at the Mississippi River
9 and then generally following portions of United
10 States Route 84 passing in the vicinity of Natch-
11 ez, Brookhaven, Monticello, Prentiss, and Collins,
12 to Interstate Route 59 in the vicinity of Laurel,
13 Mississippi, and continuing on Interstate Route
14 59 north to Interstate Route 20 and on Interstate
15 Route 20 to the Mississippi–Alabama State bor-
16 der; and
17 ‘‘(B) commencing in the vicinity of Laurel,
18 Mississippi, running south on Interstate Route
19 59 to United States Route 98 in the vicinity of
20 Hattiesburg, connecting to United States Route
21 49 south then following United States Route 49
22 south to Interstate Route 10 in the vicinity of
23 Gulfport and following Mississippi Route 601
24 southerly terminating near the Mississippi State
25 Port at Gulfport.
† HR 3684 EAS
440
1 ‘‘(101) The Middle Alabama Corridor including
2 the route—
3 ‘‘(A) beginning at the Alabama–Mississippi
4 border generally following portions of I–20 until
5 following a new interstate extension paralleling
6 United States Highway 80, specifically—
7 ‘‘(B) crossing Alabama Route 28 near
8 Coatopa, Alabama, traveling eastward crossing
9 United States Highway 43 and Alabama Route
10 69 near Selma, Alabama, traveling eastwards
11 closely paralleling United States Highway 80 to
12 the south crossing over Alabama Routes 22, 41,
13 and 21, until its intersection with I–65 near
14 Hope Hull, Alabama;
15 ‘‘(C) continuing east along the proposed
16 Montgomery Outer Loop south of Montgomery,
17 Alabama where it would next join with I–85 east
18 of Montgomery, Alabama;
19 ‘‘(D) continuing along I–85 east bound
20 until its intersection with United States High-
21 way 280 near Opelika, Alabama or United
22 States Highway 80 near Tuskegee, Alabama;
23 ‘‘(E) generally following the most expedient
24 route until intersecting with existing United
25 States Highway 80 (JR Allen Parkway) through
† HR 3684 EAS
441
1 Phenix City until continuing into Columbus,
2 Georgia.
3 ‘‘(102) The Middle Georgia Corridor including
4 the route—
5 ‘‘(A) beginning at the Alabama–Georgia
6 Border generally following the Fall Line Free-
7 way from Columbus, Georgia to Augusta, Geor-
8 gia, specifically—
9 ‘‘(B) travelling along United States Route
10 80 (JR Allen Parkway) through Columbus, Geor-
11 gia and near Fort Benning, Georgia, east to Tal-
12 bot County, Georgia where it would follow Geor-
13 gia Route 96, then commencing on Georgia
14 Route 49C (Fort Valley Bypass) to Georgia
15 Route 49 (Peach Parkway) to its intersection
16 with Interstate Route 75 in Byron, Georgia;
17 ‘‘(C) continuing north along Interstate
18 Route 75 through Warner Robins and Macon,
19 Georgia where it would meet Interstate Route 16,
20 then following Interstate Route 16 east it would
21 next join United States Route 80 and then onto
22 State Route 57;
23 ‘‘(D) commencing with State Route 57
24 which turns into State Route 24 near
25 Milledgeville, Georgia would then bypass Wrens,
† HR 3684 EAS
442
1 Georgia with a newly constructed bypass, and
2 after the bypass it would join United States
3 Route 1 near Fort Gordon into Augusta, Georgia
4 where it will terminate at Interstate Route
5 520.’’.
6 (b) DESIGNATION AS FUTURE INTERSTATES.—Section
7 1105(e)(5)(A) of the Intermodal Surface Transportation Ef-
8 ficiency Act of 1991 (Public Law 102–240; 109 Stat. 597;
9 133 Stat. 3018) is amended in the first sentence—
10 (1) by inserting ‘‘subsection (c)(84),’’ after ‘‘sub-
11 section (c)(83),’’; and
12 (2) by striking ‘‘and subsection (c)(91)’’ and in-
13 serting ‘‘subsection (c)(91), subsection (c)(92), sub-
14 section (c)(93)(A), subsection (c)(94), subsection
15 (c)(95), subsection (c)(96), subsection (c)(97), sub-
16 section (c)(99), subsection (c)(100), subsection
17 (c)(101), and subsection (c)(102)’’.
18 (c) NUMBERING OF PARKWAY.—Section
19 1105(e)(5)(C)(i) of the Intermodal Surface Transportation
20 Efficiency Act of 1991 (Public Law 102–240; 109 Stat. 598;
21 133 Stat. 3018) is amended—
22 (1) by striking the fifteenth sentence and insert-
23 ing the following: ‘‘The route referred to in subsection
24 (c)(84)(A) is designated as Interstate Route I–14
25 North. The route referred to in subsection (c)(84)(B)
† HR 3684 EAS
443
1 is designated as Interstate Route I–14 South. The
2 Bryan/College Station, Texas loop referred to in sub-
3 section (c)(84)(C) is designated as Interstate Route I–
4 214.’’; and
5 (2) by adding at the end the following: ‘‘The
6 route referred to in subsection (c)(97) is designated as
7 Interstate Route I–365. The routes referred to in sub-
8 sections (c)(84)(C), (c)(99), (c)(100), (c)(101), and
9 (c)(102) are designated as Interstate Route I–14. The
10 routes referred to in subparagraphs (D), (E), (F), and
11 (G) of subsection (c)(84) and subparagraph (B) of
12 subsection (c)(100) shall each be given separate Inter-
13 state route numbers.’’.
14 (d) GAO REPORT ON DESIGNATION OF SEGMENTS AS
† HR 3684 EAS
444
1 tem, the Comptroller General of the United
2 States shall submit to Congress a report on the
3 impact, if any, during that 2-year period of al-
4 lowing the continuation of weight limits that ap-
5 plied before the designation of the applicable seg-
6 ment as a route on the Interstate System.
7 (B) REQUIREMENTS.—The report under
8 subparagraph (A) shall—
9 (i) be informed by the views and docu-
10 mentation provided by the State highway
11 agency (or equivalent agency) in the State
12 in which the applicable segment is located;
13 (ii) describe any impacts on safety and
14 infrastructure on the applicable segment;
15 (iii) describe any view of the State
16 highway agency (or equivalent agency) in
17 the State in which the applicable segment is
18 located on the impact of the applicable seg-
19 ment; and
20 (iv) focus only on the applicable seg-
21 ment.
22 SEC. 11515. INTERSTATE WEIGHT LIMITS.
† HR 3684 EAS
445
1 (A) in the matter preceding clause (i), in
2 the first sentence, by striking ‘‘clauses (i) through
3 (iv) of this subparagraph’’ and inserting
4 ‘‘clauses (i) through (v)’’; and
5 (B) by adding at the end the following:
6 ‘‘(v) The Louie B. Nunn Cumberland
7 Expressway (to be designated as a spur of
8 Interstate Route 65) from the interchange
9 with Interstate Route 65 in Barren County,
10 Kentucky, east to the interchange with
11 United States Highway 27 in Somerset,
12 Kentucky.’’; and
13 (2) by adding at the end the following:
14 ‘‘(v) OPERATION OF VEHICLES ON CERTAIN NORTH
15 CAROLINA HIGHWAYS.—If any segment in the State of
16 North Carolina of United States Route 17, United States
17 Route 29, United States Route 52, United States Route 64,
18 United States Route 70, United States Route 74, United
19 States Route 117, United States Route 220, United States
20 Route 264, or United States Route 421 is designated as a
21 route on the Interstate System, a vehicle that could operate
22 legally on that segment before the date of such designation
23 may continue to operate on that segment, without regard
24 to any requirement under subsection (a).
† HR 3684 EAS
446
1 ‘‘(w) OPERATION OF VEHICLES ON CERTAIN OKLA-
2 HOMA HIGHWAYS.—If any segment of the highway referred
3 to in paragraph (96) of section 1105(c) of the Intermodal
4 Surface Transportation Efficiency Act of 1991 (Public Law
5 102–240; 105 Stat. 2032) is designated as a route on the
6 Interstate System, a vehicle that could operate legally on
7 that segment before the date of such designation may con-
8 tinue to operate on that segment, without any regard to
9 any requirement under this section.’’.
10 SEC. 11516. REPORT ON AIR QUALITY IMPROVEMENTS.
† HR 3684 EAS
447
1 (2) the cost-effectiveness of the reductions de-
2 scribed in paragraph (1);
3 (3) the result of investments of funding under the
4 program in minority and low-income communities
5 that are disproportionately affected by ozone, carbon
6 monoxide, and particulate matter;
7 (4) the effectiveness, with respect to the attain-
8 ment or maintenance of national ambient air quality
9 standards under section 109 of the Clean Air Act (42
10 U.S.C. 7409) for ozone, carbon monoxide, and partic-
11 ulate matter, of performance measures established
12 under section 150(c)(5) of title 23, United States
13 Code, and performance targets established under sub-
14 section (d) of that section for traffic congestion and
15 on-road mobile source emissions;
16 (5) the extent to which there are any types of
17 projects that are not eligible funding under the pro-
18 gram that would be likely to contribute to the attain-
19 ment or maintenance of the national ambient air
20 quality standards described in paragraph (4); and
21 (6) the extent to which projects under the pro-
22 gram reduce sulfur dioxide, nitrogen dioxide, and
23 lead.
† HR 3684 EAS
448
1 SEC. 11517. ROADSIDE HIGHWAY SAFETY HARDWARE.
† HR 3684 EAS
449
1 the House of Representatives a report at least 1 year
2 before discontinuing the letters.
3 (2) INCLUSIONS.—The report described in para-
4 graph (1) shall include a summary of the third-party
5 verification process described in subsection (a) that
6 will replace the Federal Highway Administration
7 issuance of eligibility letters and any other relevant
8 information that the Secretary deems necessary.
9 SEC. 11518. PERMEABLE PAVEMENTS STUDY.
† HR 3684 EAS
450
1 (1) a summary, based on available literature
2 and models, of localized flood control capabilities of
3 permeable pavement that considers long-term per-
4 formance and cost information; and
5 (2) best practices for the design of localized flood
6 control using permeable pavement that considers long-
7 term performance and cost information.
8 (c) PUBLICATION.—The Secretary shall make a report
9 describing the results of the study under subsection (a) pub-
10 licly available.
11 SEC. 11519. EMERGENCY RELIEF PROJECTS.
† HR 3684 EAS
451
1 (B) to identify procedures that States may
2 use to incorporate resilience into emergency relief
3 projects; and
4 (C) to encourage the use of Complete Streets
5 design principles and consideration of access for
6 moderate- and low-income families impacted by
7 a declared disaster;
8 (2) develop best practices for improving the use
9 of resilience in—
10 (A) the emergency relief program under sec-
11 tion 125 of title 23, United States Code; and
12 (B) emergency relief efforts;
13 (3) provide to division offices of the Federal
14 Highway Administration and State departments of
15 transportation information on the best practices de-
16 veloped under paragraph (2); and
17 (4) develop and implement a process to track—
18 (A) the consideration of resilience as part of
19 the emergency relief program under section 125
20 of title 23, United States Code; and
21 (B) the costs of emergency relief projects.
22 SEC. 11520. STUDY ON STORMWATER BEST MANAGEMENT
23 PRACTICES.
† HR 3684 EAS
452
1 trator of the Environment Protection Agency shall offer to
2 enter into an agreement with the Transportation Research
3 Board of the National Academy of Sciences to conduct a
4 study—
5 (1) to estimate pollutant loads from stormwater
6 runoff from highways and pedestrian facilities eligible
7 for assistance under title 23, United States Code, to
8 inform the development of appropriate total max-
9 imum daily load (as defined in section 130.2 of title
10 40, Code of Federal Regulations (or successor regula-
11 tions)) requirements;
12 (2) to provide recommendations regarding the
13 evaluation and selection by State departments of
14 transportation of potential stormwater management
15 and total maximum daily load compliance strategies
16 within a watershed, including environmental restora-
17 tion and pollution abatement carried out under sec-
18 tion 328 of title 23, United States Code (including
19 any revisions to law (including regulations) that the
20 Transportation Research Board determines to be ap-
21 propriate); and
22 (3) to examine the potential for the Secretary to
23 assist State departments of transportation in car-
24 rying out and communicating stormwater manage-
25 ment practices for highways and pedestrian facilities
† HR 3684 EAS
453
1 that are eligible for assistance under title 23, United
2 States Code, through information-sharing agreements,
3 database assistance, or an administrative platform to
4 provide the information described in paragraphs (1)
5 and (2) to entities issued permits under the Federal
6 Water Pollution Control Act (33 U.S.C. 1251 et seq.).
7 (b) REQUIREMENTS.—If the Transportation Research
8 Board enters into an agreement under subsection (a), in
9 conducting the study under that subsection, the Transpor-
10 tation Research Board shall—
11 (1) review and supplement, as appropriate, the
12 methodologies examined and recommended in the re-
13 port of the National Academies of Sciences, Engineer-
14 ing, and Medicine entitled ‘‘Approaches for Deter-
15 mining and Complying with TMDL Requirements
16 Related to Roadway Stormwater Runoff’’ and dated
17 2019;
18 (2) consult with—
19 (A) the Secretary;
20 (B) the Administrator of the Environmental
21 Protection Agency;
22 (C) the Secretary of the Army, acting
23 through the Chief of Engineers; and
24 (D) State departments of transportation;
25 and
† HR 3684 EAS
454
1 (3) solicit input from—
2 (A) stakeholders with experience in imple-
3 menting stormwater management practices for
4 projects; and
5 (B) educational and technical stormwater
6 management groups.
7 (c) REPORT.—If the Transportation Research Board
8 enters into an agreement under subsection (a), not later
9 than 18 months after the date of enactment of this Act, the
10 Transportation Research Board shall submit to the Sec-
11 retary, the Committee on Environment and Public Works
12 of the Senate, and the Committee on Transportation and
13 Infrastructure of the House of Representatives a report de-
14 scribing the results of the study.
15 SEC. 11521. STORMWATER BEST MANAGEMENT PRACTICES
16 REPORTS.
† HR 3684 EAS
455
1 the Practice in Data Collection and Performance
2 Measurement of Stormwater Best Management
3 Practices’’; and
4 (B) the 1997 report sponsored by the Ad-
5 ministrator entitled ‘‘Stormwater Best Manage-
6 ment Practices in an Ultra-Urban Setting: Se-
7 lection and Monitoring’’.
8 (b) REISSUANCE.—Not later than 1 year after the date
9 of enactment of this Act, the Administrator shall update
10 and reissue each best management practices report to reflect
11 new information and advancements in stormwater manage-
12 ment.
13 (c) UPDATES.—Not less frequently than once every 5
14 years after the date on which the Administrator reissues
15 a best management practices report described in subsection
16 (b), the Administrator shall update and reissue the best
17 management practices report until the earlier of the date
18 on which—
19 (1) the best management practices report is with-
20 drawn; or
21 (2) the contents of the best management practices
22 report are incorporated (including by reference) into
23 applicable regulations of the Administrator.
24 SEC. 11522. INVASIVE PLANT ELIMINATION PROGRAM.
† HR 3684 EAS
456
1 (1) INVASIVE PLANT.—The term ‘‘invasive plant’’
2 means a nonnative plant, tree, grass, or weed species,
3 including, at a minimum, cheatgrass, Ventenata
4 dubia, medusahead, bulbous bluegrass, Japanese
5 brome, rattail fescue, Japanese honeysuckle,
6 phragmites, autumn olive, Bradford pear, wild pars-
7 nip, sericea lespedeza, spotted knapweed, garlic mus-
8 tard, and palmer amaranth.
9 (2) PROGRAM.—The term ‘‘program’’ means the
10 grant program established under subsection (b).
11 (3) TRANSPORTATION CORRIDOR.—The term
12 ‘‘transportation corridor’’ means a road, highway,
13 railroad, or other surface transportation route.
14 (b) ESTABLISHMENT.—The Secretary shall carry out
15 a program to provide grants to States to eliminate or con-
16 trol existing invasive plants or prevent introduction of or
17 encroachment by new invasive plants along and in areas
18 adjacent to transportation corridor rights-of-way.
19 (c) APPLICATION.—To be eligible to receive a grant
20 under the program, a State shall submit to the Secretary
21 an application at such time, in such manner, and con-
22 taining such information as the Secretary may require.
23 (d) ELIGIBLE ACTIVITIES.—
24 (1) IN GENERAL.—Subject to this subsection, a
25 State that receives a grant under the program may
† HR 3684 EAS
457
1 use the grant funds to carry out activities to elimi-
2 nate or control existing invasive plants or prevent in-
3 troduction of or encroachment by new invasive plants
4 along and in areas adjacent to transportation cor-
5 ridor rights-of-way.
6 (2) PRIORITIZATION OF PROJECTS.—In carrying
7 out the program, the Secretary shall give priority to
8 projects that utilize revegetation with native plants
9 and wildflowers, including those that are pollinator-
10 friendly.
11 (3) PROHIBITION ON CERTAIN USES OF
† HR 3684 EAS
458
1 State under the program may be used for the admin-
2 istrative and other indirect costs (such as full time
3 employee salaries, rent, insurance, subscriptions, util-
4 ities, and office supplies) of carrying out eligible ac-
5 tivities.
6 (e) REQUIREMENTS.—
7 (1) COORDINATION.—In carrying out eligible ac-
8 tivities with a grant under the program, a State shall
9 coordinate with—
10 (A) units of local government, political sub-
11 divisions of the State, and Tribal authorities
12 that are carrying out eligible activities in the
13 areas to be treated;
14 (B) local regulatory authorities, in the case
15 of a treatment along or adjacent to a railroad
16 right-of-way; and
17 (C) with respect to the most effective road-
18 side control methods, State and Federal land
19 management agencies and any relevant Tribal
20 authorities.
21 (2) ANNUAL REPORT.—Not later than 1 year
22 after the date on which a State receives a grant under
23 the program, and annually thereafter, that State shall
24 provide to the Secretary an annual report on the
25 treatments carried out using funds from the grant.
† HR 3684 EAS
459
1 (f) FEDERAL SHARE.—
2 (1) IN GENERAL.—The Federal share of the cost
3 of an eligible activity carried out using funds from a
4 grant under the program shall be—
5 (A) in the case of a project that utilizes re-
6 vegetation with native plants and wildflowers,
7 including those that are pollinator-friendly, 75
8 percent; and
9 (B) in the case of any other project not de-
10 scribed in subparagraph (A), 50 percent.
11 (2) CERTAIN FUNDS COUNTED TOWARD NON-FED-
† HR 3684 EAS
460
1 (1) in paragraph (3)(B)(i), by inserting ‘‘, to-
2 gether with the results of the audit under paragraph
3 (9)(C),’’ after ‘‘the audits’’; and
4 (2) in paragraph (9)—
5 (A) by striking ‘‘An over-the-road’’ and in-
6 serting the following:
7 ‘‘(A) IN GENERAL.—An over-the-road’’;
8 (B) in subparagraph (A) (as so designated),
9 by striking ‘‘public transportation buses’’ and
10 inserting ‘‘public transportation vehicles’’; and
11 (C) by adding at the end the following:
12 ‘‘(B) REPORTS.—
13 ‘‘(i) IN GENERAL.—Not later than 90
14 days after the date of enactment of this sub-
15 paragraph, a public authority that operates
16 a toll facility shall report to the Secretary
17 any rates, terms, or conditions for access to
18 the toll facility by public transportation ve-
19 hicles that differ from the rates, terms, or
20 conditions applicable to over-the-road buses.
21 ‘‘(ii) UPDATES.—A public authority
22 that operates a toll facility shall report to
23 the Secretary any change to the rates,
24 terms, or conditions for access to the toll fa-
25 cility by public transportation vehicles that
† HR 3684 EAS
461
1 differ from the rates, terms, or conditions
2 applicable to over-the-road buses by not
3 later than 30 days after the date on which
4 the change takes effect.
5 ‘‘(iii) PUBLICATION.—The Secretary
6 shall publish information reported to the
7 Secretary under clauses (i) and (ii) on a
8 publicly accessible internet website.
9 ‘‘(C) ANNUAL AUDIT.—
† HR 3684 EAS
462
1 ‘‘(iii) NONCOMPLIANCE.—If the Sec-
2 retary determines that a public authority
3 described in clause (i) has not complied
4 with this paragraph, the Secretary may re-
5 quire the public authority to discontinue
6 collecting tolls until an agreement with the
7 Secretary is reached to achieve compli-
8 ance.’’.
9 SEC. 11524. BRIDGE TERMINOLOGY.
† HR 3684 EAS
463
1 ing low load capacity, or needing geometric improve-
2 ments’’; and
3 (2) in paragraph (3)(C), by striking ‘‘struc-
4 turally deficient or functionally obsolete’’ and insert-
5 ing ‘‘classified as in poor condition, having a low
6 load capacity, or needing geometric improvements’’.
7 SEC. 11525. TECHNICAL CORRECTIONS.
15 OF TRANSPORTATION’’; and
16 (2) in subparagraph (A), by striking ‘‘the Fed-
17 eral Highway Administration’’ and inserting ‘‘an op-
18 erating administration of the Department of Trans-
19 portation’’.
20 (c) Section 108(c)(3)(F) of title 23, United States
21 Code, is amended—
22 (1) by inserting ‘‘of 1969 (42 U.S.C. 4321 et
23 seq.)’’ after ‘‘Policy Act’’; and
24 (2) by striking ‘‘this Act’’ and inserting ‘‘this
25 title’’.
† HR 3684 EAS
464
1 (d) Section 112(b)(2) of title 23, United States Code,
2 is amended by striking ‘‘(F) (F) Subparagraphs’’ and in-
3 serting the following:
4 ‘‘(F) EXCLUSION.—Subparagraphs’’.
5 (e) Section 115(c) of title 23, United States Code, is
6 amended by striking ‘‘section 135(f)’’ and inserting ‘‘section
7 135(g)’’.
8 (f) Section 130(g) of title 23, United States Code, is
9 amended—
10 (1) in the third sentence—
11 (A) by striking ‘‘and Transportation,’’ and
12 inserting ‘‘and Transportation’’; and
13 (B) by striking ‘‘thereafter,,’’ and inserting
14 ‘‘thereafter,’’; and
15 (2) in the fifth sentence, by striking ‘‘railroad
16 highway’’ and inserting ‘‘railway-highway’’.
17 (g) Section 135(g) of title 23, United States Code, is
18 amended—
19 (1) in paragraph (3), by striking ‘‘operators),,’’
20 and inserting ‘‘operators),’’; and
21 (2) in paragraph (6)(B), by striking ‘‘5310,
22 5311, 5316, and 5317’’ and inserting ‘‘5310 and
23 5311’’.
24 (h) Section 139 of title 23, United States Code (as
25 amended by section 11301), is amended—
† HR 3684 EAS
465
1 (1) in subsection (b)(1), by inserting ‘‘(42 U.S.C.
2 4321 et seq.)’’ after ‘‘of 1969’’;
3 (2) in subsection (c), by inserting ‘‘(42 U.S.C.
4 4321 et seq.)’’ after ‘‘of 1969’’ each place it appears;
5 and
6 (3) in subsection (k)(2), by inserting ‘‘(42 U.S.C.
7 4321 et seq.)’’ after ‘‘of 1969’’.
8 (i) Section 140(a) of title 23, United States Code, is
9 amended, in the third sentence, by inserting a comma after
10 ‘‘Secretary’’.
11 (j) Section 148(i)(2)(D) of title 23, United States Code,
12 is amended by striking ‘‘safety safety’’ and inserting ‘‘safe-
13 ty’’.
14 (k) Section 166(a)(1) of title 23, United States Code,
15 is amended by striking the paragraph designation and
16 heading and all that follows through ‘‘A public authority’’
17 and inserting the following:
18 ‘‘(1) AUTHORITY OF PUBLIC AUTHORITIES.—A
19 public authority’’.
20 (l) Section 201(c)(6)(A)(ii) of title 23, United States
21 Code, is amended by striking ‘‘(25 U.S.C. 450 et seq.)’’ and
22 inserting ‘‘(25 U.S.C. 5301 et seq.)’’.
23 (m) Section 202 of title 23, United States Code, is
24 amended—
† HR 3684 EAS
466
1 (1) by striking ‘‘(25 U.S.C. 450 et seq.)’’ each
2 place it appears and inserting ‘‘(25 U.S.C. 5301 et
3 seq.)’’;
4 (2) in subsection (a)(10)(B), by striking ‘‘(25
5 U.S.C. 450e(b))’’ and inserting ‘‘(25 U.S.C.
6 5307(b))’’; and
7 (3) in subsection (b)(5), in the matter preceding
8 subparagraph (A), by inserting ‘‘the’’ after ‘‘agree-
9 ment under’’.
10 (n) Section 206(d)(2)(G) of title 23, United States
11 Code, is amended by striking ‘‘use of recreational trails’’
12 and inserting ‘‘uses of recreational trails’’.
13 (o) Section 207 of title 23, United States Code, is
14 amended—
15 (1) in subsection (g)—
16 (A) by striking ‘‘(25 U.S.C. 450j–1)’’ and
17 inserting ‘‘(25 U.S.C. 5325)’’; and
18 (B) by striking ‘‘(25 U.S.C. 450j–1(f))’’ and
19 inserting ‘‘(25 U.S.C. 5325(f))’’;
20 (2) in subsection (l)—
21 (A) in paragraph (1), by striking ‘‘(25
22 U.S.C. 458aaa–5)’’ and inserting ‘‘(25 U.S.C.
23 5386)’’;
† HR 3684 EAS
467
1 (B) in paragraph (2), by striking ‘‘(25
2 U.S.C. 458aaa–6)’’ and inserting ‘‘(25 U.S.C.
3 5387)’’;
4 (C) in paragraph (3), by striking ‘‘(25
5 U.S.C. 458aaa–7)’’ and inserting ‘‘(25 U.S.C.
6 5388)’’;
7 (D) in paragraph (4), by striking ‘‘(25
8 U.S.C. 458aaa–9)’’ and inserting ‘‘(25 U.S.C.
9 5390)’’;
10 (E) in paragraph (5), by striking ‘‘(25
11 U.S.C. 458aaa–10)’’ and inserting ‘‘(25 U.S.C.
12 5391)’’;
13 (F) in paragraph (6), by striking ‘‘(25
14 U.S.C. 458aaa–11)’’ and inserting ‘‘(25 U.S.C.
15 5392)’’;
16 (G) in paragraph (7), by striking ‘‘(25
17 U.S.C. 458aaa–14)’’ and inserting ‘‘(25 U.S.C.
18 5395)’’;
19 (H) in paragraph (8), by striking ‘‘(25
20 U.S.C. 458aaa–15)’’ and inserting ‘‘(25 U.S.C.
21 5396)’’; and
22 (I) in paragraph (9), by striking ‘‘(25
23 U.S.C. 458aaa–17)’’ and inserting ‘‘(25 U.S.C.
24 5398)’’; and
25 (3) in subsection (m)(2)—
† HR 3684 EAS
468
1 (A) by striking ‘‘505’’ and inserting ‘‘501’’;
2 and
3 (B) by striking ‘‘(25 U.S.C. 450b; 458aaa)’’
4 and inserting ‘‘(25 U.S.C. 5304; 5381)’’.
5 (p) Section 217(d) of title 23, United States Code, is
6 amended by striking ‘‘104(b)(3)’’ and inserting
7 ‘‘104(b)(4)’’.
8 (q) Section 323(d) of title 23, United States Code, is
9 amended in the matter preceding paragraph (1), in the sec-
10 ond sentence, by inserting ‘‘(42 U.S.C. 4321 et seq.)’’ after
11 ‘‘of 1969’’.
12 (r) Section 325 of title 23, United States Code, is re-
13 pealed.
14 (s) Section 504(g)(6) of title 23, United States Code,
15 is amended by striking ‘‘make grants or to’’ and inserting
16 ‘‘make grants to’’.
17 (t) The analysis for chapter 3 of title 23, United States
18 Code, is amended by striking the item relating to section
19 325.
20 SEC. 11526. WORKING GROUP ON COVERED RESOURCES.
† HR 3684 EAS
469
1 (2) STATE.—The term ‘‘State’’ means each of the
2 several States, the District of Columbia, and each ter-
3 ritory or possession of the United States.
4 (3) WORKING GROUP.—The term ‘‘Working
5 Group’’ means the working group established under
6 subsection (b).
7 (b) ESTABLISHMENT.—Not later than 120 days after
8 the date of enactment of this Act, the Secretary shall estab-
9 lish a working group to conduct a study on access to covered
10 resources for infrastructure projects.
11 (c) MEMBERSHIP.—
12 (1) APPOINTMENT.—The Secretary shall appoint
13 to the Working Group individuals with knowledge
14 and expertise in the production and transportation of
15 covered resources.
16 (2) REPRESENTATION.—The Working Group
17 shall include not less than 1 representative of each of
18 the following:
19 (A) State departments of transportation.
20 (B) State agencies associated with covered
21 resources protection.
22 (C) State planning and geologic survey and
23 mapping agencies.
† HR 3684 EAS
470
1 (D) Commercial motor vehicle operators, in-
2 cluding small business operators and operators
3 who transport covered resources.
4 (E) Covered resources producers.
5 (F) Construction contractors.
6 (G) Labor organizations.
7 (H) Metropolitan planning organizations
8 and regional planning organizations.
9 (I) Indian Tribes, including Tribal elected
10 leadership or Tribal transportation officials.
11 (J) Any other stakeholders that the Sec-
12 retary determines appropriate.
13 (3) TERMINATION.—The Working Group shall
14 terminate 180 days after the date on which the Sec-
15 retary receives the report under subsection (f)(1).
16 (d) DUTIES.—In carrying out the study required
17 under subsection (b), the Working Group shall analyze—
18 (1) the use of covered resources in transportation
19 projects funded with Federal dollars;
20 (2) how the proximity of covered resources to
21 such projects affects the cost and environmental im-
22 pact of those projects;
23 (3) whether and how State, Tribal, and local
24 transportation and planning agencies consider cov-
† HR 3684 EAS
471
1 ered resources when developing transportation
2 projects; and
3 (4) any challenges for transportation project
4 sponsors regarding access and proximity to covered
5 resources.
6 (e) CONSULTATION.—In carrying out the study re-
7 quired under subsection (b), the Working Group shall con-
8 sult with, as appropriate—
9 (1) chief executive officers of States;
10 (2) State, Tribal, and local transportation and
11 planning agencies;
12 (3) other relevant State, Tribal, and local agen-
13 cies, including State agencies associated with covered
14 resources protection;
15 (4) members of the public with industry experi-
16 ence with respect to covered resources;
17 (5) other Federal entities that provide funding
18 for transportation projects; and
19 (6) any other stakeholder the Working Group de-
20 termines appropriate.
21 (f) REPORTS.—
22 (1) WORKING GROUP REPORT.—Not later than 2
23 years after the date on which the Working Group is
24 established, the Working Group shall submit to the
25 Secretary a report that includes—
† HR 3684 EAS
472
1 (A) the findings of the study required under
2 subsection (b), including a summary of com-
3 ments received during the consultation process
4 under subsection (e); and
5 (B) any recommendations to preserve access
6 to and reduce the costs and environmental im-
7 pacts of covered resources for infrastructure
8 projects.
9 (2) DEPARTMENTAL REPORT.—Not later than 90
10 days after the date on which the Secretary receives the
11 report under paragraph (1), the Secretary shall sub-
12 mit to the Committee on Transportation and Infra-
13 structure of the House of Representatives and the
14 Committee on Environment and Public Works of the
15 Senate a summary of the findings under the report
16 and any recommendations, as appropriate.
17 SEC. 11527. BLOOD TRANSPORT VEHICLES.
† HR 3684 EAS
473
1 SEC. 11528. POLLINATOR-FRIENDLY PRACTICES ON ROAD-
† HR 3684 EAS
474
1 ‘‘(1) IN GENERAL.—An eligible entity shall in-
2 clude in the application under subsection (c) a plan
3 that describes the pollinator-friendly practices that
4 the eligible entity has implemented or plans to imple-
5 ment, including—
6 ‘‘(A) practices relating to mowing strategies
7 that promote early successional vegetation and
8 limit disturbance during periods of highest use
9 by target pollinator species on roadsides and
10 highway rights-of-way, such as—
11 ‘‘(i) reducing the mowing swath out-
12 side of the State-designated safety zone;
13 ‘‘(ii) increasing the mowing height;
14 ‘‘(iii) reducing the mowing frequency;
15 ‘‘(iv) refraining from mowing monarch
16 and other pollinator habitat during periods
17 in which monarchs or other pollinators are
18 present;
19 ‘‘(v) use of a flushing bar and cutting
20 at reduced speeds to reduce pollinator
21 deaths due to mowing; or
22 ‘‘(vi) reducing raking along roadsides
23 and highway rights-of-way;
24 ‘‘(B) implementation of an integrated vege-
25 tation management plan that includes ap-
† HR 3684 EAS
475
1 proaches such as mechanical tree and brush re-
2 moval, targeted and judicious use of herbicides,
3 and mowing, to address weed issues on roadsides
4 and highway rights-of-way;
5 ‘‘(C) planting or seeding of native, locally-
6 appropriate grasses and wildflowers, including
7 milkweed, on roadsides and highway rights-of-
8 way to enhance pollinator habitat, including lar-
9 val host plants;
10 ‘‘(D) removing nonnative grasses from
11 planting and seeding mixes, except for use as
12 nurse or cover crops;
13 ‘‘(E) obtaining expert training or assistance
14 on pollinator-friendly practices, including—
15 ‘‘(i) native plant identification;
16 ‘‘(ii) establishment and management of
17 locally-appropriate native plants that ben-
18 efit pollinators;
19 ‘‘(iii) land management practices that
20 benefit pollinators; and
21 ‘‘(iv) pollinator-focused integrated
22 vegetation management; or
23 ‘‘(F) any other pollinator-friendly practices
24 the Secretary determines to be appropriate.
† HR 3684 EAS
476
1 ‘‘(2) COORDINATION.—In developing a plan
2 under paragraph (1), an eligible entity that is a
3 State department of transportation or a Federal land
4 management agency shall coordinate with applicable
5 State agencies, including State agencies with jurisdic-
6 tion over agriculture and fish and wildlife.
7 ‘‘(3) CONSULTATION.—In developing a plan
8 under paragraph (1)—
9 ‘‘(A) an eligible entity that is a State de-
10 partment of transportation or a Federal land
11 management agency shall consult with affected
12 or interested Indian tribes; and
13 ‘‘(B) any eligible entity may consult with
14 nonprofit organizations, institutions of higher
15 education, metropolitan planning organizations,
16 and any other relevant entities.
17 ‘‘(e) AWARD OF GRANTS.—
18 ‘‘(1) IN GENERAL.—The Secretary shall provide
19 a grant to each eligible entity that submits an appli-
20 cation under subsection (c), including a plan under
21 subsection (d), that the Secretary determines to be sat-
22 isfactory.
23 ‘‘(2) AMOUNT OF GRANTS.—The amount of a
24 grant under this section—
† HR 3684 EAS
477
1 ‘‘(A) shall be based on the number of polli-
2 nator-friendly practices the eligible entity has
3 implemented or plans to implement; and
4 ‘‘(B) shall not exceed $150,000.
5 ‘‘(f) USE OF FUNDS.—An eligible entity that receives
6 a grant under this section shall use the funds for the imple-
7 mentation, improvement, or further development of the plan
8 under subsection (d).
9 ‘‘(g) FEDERAL SHARE.—The Federal share of the cost
10 of an activity carried out with a grant under this section
11 shall be 100 percent.
12 ‘‘(h) BEST PRACTICES.—The Secretary shall develop
13 and make available to eligible entities best practices for,
14 and a priority ranking of, pollinator-friendly practices on
15 roadsides and highway rights-of-way.
16 ‘‘(i) TECHNICAL ASSISTANCE.—On request of an eligi-
17 ble entity that receives a grant under this section, the Sec-
18 retary shall provide technical assistance with the implemen-
19 tation, improvement, or further development of a plan
20 under subsection (d).
21 ‘‘(j) ADMINISTRATIVE COSTS.—For each fiscal year,
22 the Secretary may use not more than 2 percent of the
23 amounts made available to carry out this section for the
24 administrative costs of carrying out this section.
† HR 3684 EAS
478
1 ‘‘(k) REPORT.—Not later than 1 year after the date
2 on which the first grant is provided under this section, the
3 Secretary shall submit to the Committee on Environment
4 and Public Works of the Senate and the Committee on
5 Transportation and Infrastructure of the House of Rep-
6 resentatives a report on the implementation of the program
7 under this section.
8 ‘‘(l) AUTHORIZATION OF APPROPRIATIONS.—
9 ‘‘(1) IN GENERAL.—There is authorized to be ap-
10 propriated to carry out this section $2,000,000 for
11 each of fiscal years 2022 through 2026.
12 ‘‘(2) AVAILABILITY.—Amounts made available
13 under this section shall remain available for a period
14 of 3 years after the last day of the fiscal year for
15 which the funds are authorized.’’.
16 (b) CLERICAL AMENDMENT.—The analysis for chapter
17 3 of title 23, United States Code (as amended by section
18 11309(b)), is amended by adding at the end the following:
‘‘332. Pollinator-friendly practices on roadsides and highway rights-of-way.’’.
20 INVESTMENT PROGRAM.
† HR 3684 EAS
480
1 (A) to create an active transportation net-
2 work connecting destinations within or between
3 communities, including schools, workplaces, resi-
4 dences, businesses, recreation areas, and other
5 community areas, or create an active transpor-
6 tation spine connecting two or more commu-
7 nities, metropolitan regions, or States; and
8 (B) to integrate active transportation facili-
9 ties with transit services, where available, to im-
10 prove access to public transportation.
11 (2) Whether the eligible organization dem-
12 onstrates broad community support through—
13 (A) the use of public input in the develop-
14 ment of transportation plans; and
15 (B) the commitment of community leaders
16 to the success and timely implementation of an
17 eligible project.
18 (3) Whether the eligible organization provides
19 evidence of commitment to traffic safety, regulations,
20 financial incentives, or community design policies
21 that facilitate significant increases in walking and
22 bicycling.
23 (4) The extent to which the eligible organization
24 demonstrates commitment of State, local, or eligible
25 Federal matching funds, and land or in-kind con-
† HR 3684 EAS
481
1 tributions, in addition to the local match required
2 under subsection (f)(1), unless the applicant qualifies
3 for an exception under subsection (f)(2).
4 (5) The extent to which the eligible organization
5 demonstrates that the grant will address existing dis-
6 parities in bicyclist and pedestrian fatality rates
7 based on race or income level or provide access to jobs
8 and services for low-income communities and dis-
9 advantaged communities.
10 (6) Whether the eligible organization dem-
11 onstrates how investment in active transportation
12 will advance safety for pedestrians and cyclists, acces-
13 sibility to jobs and key destinations, economic com-
14 petitiveness, environmental protection, and quality of
15 life.
16 (d) USE OF FUNDS.—
17 (1) IN GENERAL.—Of the amounts made avail-
18 able to carry out this section and subject to para-
19 graphs (2) and (3), the Secretary shall obligate—
20 (A) not less than 30 percent to eligible
21 projects that construct active transportation net-
22 works that connect people with public transpor-
23 tation, businesses, workplaces, schools, residences,
24 recreation areas, and other community activity
25 centers; and
† HR 3684 EAS
482
1 (B) not less than 30 percent to eligible
2 projects that construct active transportation
3 spines.
4 (2) PLANNING AND DESIGN GRANTS.—Each fiscal
5 year, the Secretary shall set aside not less than
6 $3,000,000 of the funds made available to carry out
7 this section to provide planning grants for eligible or-
8 ganizations to develop plans for active transportation
9 networks and active transportation spines.
10 (3) ADMINISTRATIVE COSTS.—Each fiscal year,
11 the Secretary shall set aside not more than $2,000,000
12 of the funds made available to carry out this section
13 to cover the costs of administration, research, tech-
14 nical assistance, communications, and training ac-
15 tivities under the program.
16 (4) LIMITATION ON STATUTORY CONSTRUC-
† HR 3684 EAS
483
1 (2) SELECTION OF GRANT RECIPIENTS.—Not
† HR 3684 EAS
484
1 (h) REPORTS.—
2 (1) INTERIM REPORT.—Not later than September
3 30, 2024, the Secretary shall submit to Congress a re-
4 port containing the information described in para-
5 graph (3).
6 (2) FINAL REPORT.—Not later than September
7 30, 2026, the Secretary shall submit to Congress a re-
8 port containing the information described in para-
9 graph (3).
10 (3) REPORT INFORMATION.—A report submitted
11 under this subsection shall contain the following, with
12 respect to the period covered by the applicable report:
13 (A) A list of grants made under this section.
14 (B) Best practices of eligible organizations
15 that receive grants under this section in imple-
16 menting eligible projects.
17 (C) Impediments experienced by eligible or-
18 ganizations that receive grants under this section
19 in developing and shifting to active transpor-
20 tation.
21 (i) RULE REQUIRED.—Not later than 1 year after the
22 date of enactment of this Act, the Secretary shall issue a
23 final rule that encourages the use of the programmatic cat-
24 egorical exclusion, expedited procurement techniques, and
25 other best practices to facilitate productive and timely ex-
† HR 3684 EAS
485
1 penditures for eligible projects that are small, low-impact,
2 and constructed within an existing built environment.
3 (j) AUTHORIZATION OF APPROPRIATIONS.—
4 (1) IN GENERAL.—There is authorized to be ap-
5 propriated to the Secretary to carry out this section
6 $200,000,000 for each of fiscal years 2022 through
7 2026.
8 (2) AVAILABILITY.—The amounts made available
9 to carry out this section shall remain available until
10 expended.
11 (k) TREATMENT OF PROJECTS.—Notwithstanding any
12 other provision of law, a project assisted under this section
13 shall be treated as a project on a Federal-aid highway under
14 chapter 1 of title 23, United States Code.
15 (l) DEFINITIONS.—In this section:
16 (1) ACTIVE TRANSPORTATION.—The term ‘‘active
17 transportation’’ means mobility options powered pri-
18 marily by human energy, including bicycling and
19 walking.
20 (2) ACTIVE TRANSPORTATION NETWORK.—The
† HR 3684 EAS
486
1 (3) ACTIVE TRANSPORTATION SPINE.—The term
2 ‘‘active transportation spine’’ means facilities built
3 for active transportation, including sidewalks, bike-
4 ways, and pedestrian and bicycle trails that connect
5 between communities, metropolitan regions, or States.
6 (4) COMMUNITY.—The term ‘‘community’’ means
7 a geographic area that is socioeconomically inter-
8 dependent and may include rural, suburban, and
9 urban jurisdictions.
10 (5) ELIGIBLE ORGANIZATION.—The term ‘‘eligi-
11 ble organization’’ means—
12 (A) a local or regional governmental orga-
13 nization, including a metropolitan planning or-
14 ganization or regional planning organization or
15 council;
16 (B) a multicounty special district;
17 (C) a State;
18 (D) a multistate group of governments; or
19 (E) an Indian tribe.
20 (6) ELIGIBLE PROJECT.—The term ‘‘eligible
21 project’’ means an active transportation project or
22 group of projects—
23 (A) within or between a community or
24 group of communities, at least one of which falls
25 within the jurisdiction of an eligible organiza-
† HR 3684 EAS
487
1 tion, which has submitted an application under
2 this section; and
3 (B) that has—
4 (i) a total cost of not less than
5 $15,000,000; or
6 (ii) with respect to planning and de-
7 sign grants, planning and design costs of
8 not less than $100,000.
9 (7) INDIAN TRIBE.—The term ‘‘Indian tribe’’ has
10 the meaning given the term in section 4 of the Indian
11 Self-Determination and Education Assistance Act (25
12 U.S.C. 5304).
13 (8) TOTAL PROJECT COST.—The term ‘‘total
14 project cost’’ means the sum total of all costs incurred
15 in the development of an eligible project that are ap-
16 proved by the Secretary as reasonable and necessary,
17 including—
18 (A) the cost of acquiring real property;
19 (B) the cost of site preparation, demolition,
20 and development;
21 (C) expenses related to the issuance of bonds
22 or notes;
23 (D) fees in connection with the planning,
24 execution, and financing of the eligible project;
† HR 3684 EAS
488
1 (E) the cost of studies, surveys, plans, per-
2 mits, insurance, interest, financing, tax, and as-
3 sessments;
4 (F) the cost of construction, rehabilitation,
5 reconstruction, and equipping the eligible
6 project;
7 (G) the cost of land improvements;
8 (H) contractor fees;
9 (I) the cost of training and education re-
10 lated to the safety of users of any bicycle or pe-
11 destrian network or spine constructed as part of
12 an eligible project; and
13 (J) any other cost that the Secretary deter-
14 mines is necessary and reasonable.
15 SEC. 11530. HIGHWAY COST ALLOCATION STUDY.
† HR 3684 EAS
489
1 (A) the use of vehicles of different dimen-
2 sions, weights, number of axles, and other speci-
3 fications; and
4 (B) the frequency of those vehicles in the
5 traffic stream;
6 (2) the safety-, emissions-, congestion-, and
7 noise-related costs of highway use by various types of
8 users, and other costs as determined by the Secretary;
9 and
10 (3) the proportionate share of the costs described
11 in paragraph (1) that are attributable to each class
12 of highway users.
13 (c) REQUIREMENTS.—In carrying out the study under
14 subsection (a), the Secretary shall—
15 (1) ensure that the study examines only direct
16 costs of highway use;
17 (2) capture the various driving conditions in dif-
18 ferent geographic areas of the United States;
19 (3) to the maximum extent practicable, distin-
20 guish between costs directly occasioned by a highway
21 user class and costs occasioned by all highway user
22 classes; and
23 (4) compare the costs occasioned by various high-
24 way user classes with the user fee revenue contributed
† HR 3684 EAS
490
1 to the Highway Trust Fund by those highway user
2 classes.
3 (d) REPORTS.—
4 (1) INTERIM REPORTS.—Not less frequently than
5 annually during the period during which the Sec-
6 retary is carrying out the study under subsection (a),
7 the Secretary shall submit to Congress an interim re-
8 port on the progress of the study.
9 (2) FINAL REPORT.—On completion of the study
10 under subsection (a), the Secretary shall submit to
11 Congress a final report on the results of the study, in-
12 cluding the recommendations under subsection (e).
13 (e) RECOMMENDATIONS.—On completion of the study
14 under subsection (a), the Secretary, in coordination with
15 the Secretary of the Treasury, shall develop recommenda-
16 tions for a set of revenue options to fully cover the costs
17 occasioned by highway users, including recommendations
18 for—
19 (1) changes to existing revenue streams; and
20 (2) new revenue streams based on user fees.
† HR 3684 EAS
491
1 TITLE II—TRANSPORTATION IN-
2 FRASTRUCTURE FINANCE
3 AND INNOVATION
4 SEC. 12001. TRANSPORTATION INFRASTRUCTURE FINANCE
† HR 3684 EAS
492
1 ‘‘(II) is a project for economic de-
2 velopment, including commercial and
3 residential development, and related
4 infrastructure and activities—
5 ‘‘(aa) that incorporates pri-
6 vate investment;
7 ‘‘(bb) that is physically or
8 functionally related to a passenger
9 rail station or multimodal station
10 that includes rail service;
11 ‘‘(cc) for which the project
12 sponsor has a high probability of
13 commencing the contracting proc-
14 ess for construction by not later
15 than 90 days after the date on
16 which credit assistance under the
17 TIFIA program is provided for
18 the project; and
19 ‘‘(dd) that has a high prob-
20 ability of reducing the need for fi-
21 nancial assistance under any
22 other Federal program for the rel-
23 evant passenger rail station or
24 service by increasing ridership,
25 tenant lease payments, or other
† HR 3684 EAS
493
1 activities that generate revenue
2 exceeding costs; and
3 ‘‘(ii) for which, by not later than Sep-
4 tember 30, 2026, the Secretary has—
5 ‘‘(I) received a letter of interest;
6 and
7 ‘‘(II) determined that the project
8 is eligible for assistance;’’;
9 (B) in subparagraph (F), by striking the
10 period at the end and inserting a semicolon; and
11 (C) by adding at the end the following:
12 ‘‘(G) an eligible airport-related project (as
13 defined in section 40117(a) of title 49) for which,
14 not later than September 30, 2025, the Secretary
15 has—
16 ‘‘(i) received a letter of interest; and
17 ‘‘(ii) determined that the project is eli-
18 gible for assistance; and
19 ‘‘(H) a project for the acquisition of plant
20 and wildlife habitat pursuant to a conservation
21 plan that—
22 ‘‘(i) has been approved by the Sec-
23 retary of the Interior pursuant to section 10
24 of the Endangered Species Act of 1973 (16
25 U.S.C. 1539); and
† HR 3684 EAS
494
1 ‘‘(ii) in the judgment of the Secretary,
2 would mitigate the environmental impacts
3 of transportation infrastructure projects
4 otherwise eligible for assistance under this
5 title.’’.
6 (b) ELIGIBILITY.—Section 602(a)(2) of title 23,
7 United States Code, is amended—
8 (1) in subparagraph (A)(iv)—
9 (A) by striking ‘‘a rating’’ and inserting
10 ‘‘an investment-grade rating’’; and
11 (B) by striking ‘‘$75,000,000’’ and inserting
12 ‘‘$150,000,000’’; and
13 (2) in subparagraph (B)—
14 (A) by striking ‘‘the senior debt’’ and insert-
15 ing ‘‘senior debt’’; and
16 (B) by striking ‘‘credit instrument is for an
17 amount less than $75,000,000’’ and inserting
18 ‘‘total amount of other senior debt and the Fed-
19 eral credit instrument is less than
20 $150,000,000’’.
21 (c) FEDERAL REQUIREMENTS.—Section 602(c)(1) of
22 title 23, United States Code, is amended in the matter pre-
23 ceding subparagraph (A) by striking ‘‘and the requirements
24 of section 5333(a) of title 49 for rail projects,’’ and inserting
25 ‘‘the requirements of section 5333(a) of title 49 for rail
† HR 3684 EAS
495
1 projects, and the requirements of sections 47112(b) and
2 50101 of title 49 for airport-related projects,’’.
3 (d) PROCESSING TIMELINES.—Section 602(d) of title
4 23, United States Code, is amended—
5 (1) by redesignating paragraphs (1) and (2) as
6 paragraphs (2) and (3), respectively;
7 (2) in paragraph (3) (as so redesignated), by
8 striking ‘‘paragraph (1)’’ and inserting ‘‘paragraph
9 (2)’’; and
10 (3) by inserting before paragraph (2) (as so re-
11 designated) the following:
12 ‘‘(1) PROCESSING TIMELINES.—Except in the
13 case of an application described in subsection (a)(8)
14 and to the maximum extent practicable, the Secretary
15 shall provide an applicant with a specific estimate of
16 the timeline for the approval or disapproval of the
17 application of the applicant, which, to the maximum
18 extent practicable, the Secretary shall endeavor to
19 complete by not later than 150 days after the date on
20 which the applicant submits a letter of interest to the
21 Secretary.’’.
22 (e) MATURITY DATE OF CERTAIN SECURED LOANS.—
23 Section 603(b)(5) of title 23, United States Code, is amend-
24 ed—
† HR 3684 EAS
496
1 (1) in subparagraph (A), in the matter preceding
2 clause (i), by striking ‘‘subparagraph (B)’’ and in-
3 serting ‘‘subparagraphs (B) and (C)’’; and
4 (2) by adding at the end the following:
5 ‘‘(C) LONG LIVED ASSETS.—In the case of a
6 capital asset with an estimated life of more than
7 50 years, the final maturity date of the secured
8 loan shall be the lesser of—
9 ‘‘(i) 75 years after the date of substan-
10 tial completion of the project; or
11 ‘‘(ii) 75 percent of the estimated useful
12 life of the capital asset.’’.
13 (f) SECURED LOANS.—Section 603(c)(4)(A) of title 23,
14 United States Code, is amended—
15 (1) by striking ‘‘Any excess’’ and inserting the
16 following:
17 ‘‘(i) IN GENERAL.—Except as provided
18 in clause (ii), any excess’’; and
19 (2) by adding at the end the following:
20 ‘‘(ii) CERTAIN APPLICANTS.—In the
21 case of a secured loan or other secured Fed-
22 eral credit instrument provided after the
23 date of enactment of the Surface Transpor-
24 tation Reauthorization Act of 2021, if the
25 obligor is a governmental entity, agency, or
† HR 3684 EAS
497
1 instrumentality, the obligor shall not be re-
2 quired to prepay the secured loan or other
3 secured Federal credit instrument with any
4 excess revenues described in clause (i) if the
5 obligor enters into an agreement to use those
6 excess revenues only for purposes authorized
7 under this title or title 49.’’.
8 (g) TECHNICAL AMENDMENT.—Section 602(e) of title
9 23, United States Code, is amended by striking ‘‘section
10 601(a)(1)(A)’’ and inserting ‘‘section 601(a)(2)(A)’’.
11 (h) STREAMLINED APPLICATION PROCESS.—Section
12 603(f) of title 23, United States Code, is amended by adding
13 at the end the following:
14 ‘‘(3) ADDITIONAL TERMS FOR EXPEDITED DECI-
15 SIONS.—
† HR 3684 EAS
498
1 ‘‘(B) ADDITIONAL CRITERIA.—The addi-
2 tional criteria referred to in subparagraph
3 (A)(ii) are the following:
4 ‘‘(i) The secured loan is made on terms
5 and conditions that substantially conform
6 to the conventional terms and conditions es-
7 tablished by the National Surface Transpor-
8 tation Innovative Finance Bureau.
9 ‘‘(ii) The secured loan is rated in the
10 A category or higher.
11 ‘‘(iii) The TIFIA program share of eli-
12 gible project costs is 33 percent or less.
13 ‘‘(iv) The applicant demonstrates a
14 reasonable expectation that the contracting
15 process for the project can commence by not
16 later than 90 days after the date on which
17 a Federal credit instrument is obligated for
18 the project under the TIFIA program.
19 ‘‘(v) The project has received a categor-
20 ical exclusion, a finding of no significant
21 impact, or a record of decision under the
22 National Environmental Policy Act of 1969
23 (42 U.S.C. 4321 et seq.).
24 ‘‘(C) WRITTEN NOTICE.—The Secretary
25 shall provide to an applicant seeking a secured
† HR 3684 EAS
499
1 loan under the expedited decision process under
2 this paragraph a written notice informing the
3 applicant whether the Secretary has approved or
4 disapproved the application by not later than
5 180 days after the date on which the Secretary
6 submits to the applicant a letter indicating that
7 the National Surface Transportation Innovative
8 Finance Bureau has commenced the credit-
9 worthiness review of the project.’’.
10 (i) FUNDING.—
11 (1) IN GENERAL.—Section 608(a) of title 23,
12 United States Code, is amended—
13 (A) by redesignating paragraphs (4) and
14 (5) as paragraphs (5) and (6), respectively;
15 (B) by inserting after paragraph (3) the fol-
16 lowing:
17 ‘‘(4) LIMITATION FOR CERTAIN PROJECTS.—
† HR 3684 EAS
500
1 ‘‘(B) AIRPORT-RELATED PROJECTS.—The
† HR 3684 EAS
501
1 ‘‘(c) STATUS REPORTS.—
2 ‘‘(1) IN GENERAL.—The Secretary shall publish
3 on the website for the TIFIA program—
4 ‘‘(A) on a monthly basis, a current status
5 report on all submitted letters of interest and ap-
6 plications received for assistance under the
7 TIFIA program; and
8 ‘‘(B) on a quarterly basis, a current status
9 report on all approved applications for assist-
10 ance under the TIFIA program.
11 ‘‘(2) INCLUSIONS.—Each monthly and quarterly
12 status report under paragraph (1) shall include, at a
13 minimum, with respect to each project included in the
14 status report—
15 ‘‘(A) the name of the party submitting the
16 letter of interest or application;
17 ‘‘(B) the name of the project;
18 ‘‘(C) the date on which the letter of interest
19 or application was received;
20 ‘‘(D) the estimated project eligible costs;
21 ‘‘(E) the type of credit assistance sought;
22 and
23 ‘‘(F) the anticipated fiscal year and quarter
24 for closing of the credit assistance.’’.
† HR 3684 EAS
502
1 (k) STATE INFRASTRUCTURE BANK PROGRAM.—Sec-
2 tion 610 of title 23, United States Code, is amended—
3 (1) in subsection (d)—
4 (A) in paragraph (1)(A), by striking ‘‘fiscal
5 years 2016 through 2020’’ and inserting ‘‘fiscal
6 years 2022 through 2026’’;
7 (B) in paragraph (2), by striking ‘‘fiscal
8 years 2016 through 2020’’ and inserting ‘‘fiscal
9 years 2022 through 2026’’; and
10 (C) in paragraph (3), by striking ‘‘fiscal
11 years 2016 through 2020’’ and inserting ‘‘fiscal
12 years 2022 through 2026’’; and
13 (2) in subsection (k), by striking ‘‘fiscal years
14 2016 through 2020’’ and inserting ‘‘fiscal years 2022
15 through 2026’’.
16 (l) REPORT.—Not later than September 30, 2025, the
17 Secretary shall submit to the Committee on Environment
18 and Public Works of the Senate and the Committee on
19 Transportation and Infrastructure of the House of Rep-
20 resentatives a report on the impact of the amendment relat-
21 ing to airport-related projects under subsection (a)(2)(C)
22 and subsection (i)(1)(B), including—
23 (1) information on the use of TIFIA program (as
24 defined in section 601(a) of title 23, United States
25 Code) funds for eligible airport-related projects (as de-
† HR 3684 EAS
503
1 fined in section 40117(a) of title 49, United States
2 Code); and
3 (2) recommendations for modifications to the
4 TIFIA program.
5 SEC. 12002. FEDERAL REQUIREMENTS FOR TIFIA ELIGI-
† HR 3684 EAS
504
1 related to design and construction is adequately
2 protected.
3 ‘‘(C) NO DETERMINATION OR APPLICABLE
17 LECTION.
† HR 3684 EAS
505
1 (1) IN GENERAL.—The Secretary shall provide
2 grants to eligible entities to carry out pilot projects
3 under this section.
4 (2) APPLICATIONS.—To be eligible for a grant
5 under this section, an eligible entity shall submit to
6 the Secretary an application at such time, in such
7 manner, and containing such information as the Sec-
8 retary may require.
9 (3) OBJECTIVES.—The Secretary shall ensure
10 that, in the aggregate, the pilot projects carried out
11 using funds provided under this section meet the fol-
12 lowing objectives:
13 (A) To test the design, acceptance, equity,
14 and implementation of user-based alternative
15 revenue mechanisms, including among—
16 (i) differing income groups; and
17 (ii) rural and urban drivers, as appli-
18 cable.
19 (B) To provide recommendations regarding
20 adoption and implementation of user-based al-
21 ternative revenue mechanisms.
22 (C) To quantify and minimize the adminis-
23 trative costs of any potential user-based alter-
24 native revenue mechanisms.
† HR 3684 EAS
506
1 (D) To test a variety of solutions, including
2 the use of independent and private third-party
3 vendors, for the collection of data and fees from
4 user-based alternative revenue mechanisms, in-
5 cluding the reliability and security of those solu-
6 tions and vendors.
7 (E) To test solutions to ensure the privacy
8 and security of data collected for the purpose of
9 implementing a user-based alternative revenue
10 mechanism.
11 (F) To conduct public education and out-
12 reach to increase public awareness regarding the
13 need for user-based alternative revenue mecha-
14 nisms for surface transportation programs.
15 (G) To evaluate the ease of compliance and
16 enforcement of a variety of implementation ap-
17 proaches for different users of the surface trans-
18 portation system.
19 (H) To ensure, to the greatest extent prac-
20 ticable, the use of innovation.
21 (I) To consider, to the greatest extent prac-
22 ticable, the potential for revenue collection along
23 a network of alternative fueling stations.
† HR 3684 EAS
507
1 (J) To evaluate the impacts of the imposi-
2 tion of a user-based alternative revenue mecha-
3 nism on—
4 (i) transportation revenues;
5 (ii) personal mobility, driving pat-
6 terns, congestion, and transportation costs;
7 and
8 (iii) freight movement and costs.
9 (K) To evaluate options for the integration
10 of a user-based alternative revenue mechanism
11 with—
12 (i) nationwide transportation revenue
13 collections and regulations;
14 (ii) toll revenue collection platforms;
15 (iii) transportation network company
16 fees; and
17 (iv) any other relevant transportation
18 revenue mechanisms.
19 (4) ELIGIBLE ENTITY.—An entity eligible to
20 apply for a grant under this section is—
21 (A) a State or a group of States;
22 (B) a local government or a group of local
23 governments; or
24 (C) a metropolitan planning organization
25 (as defined in section 134(b) of title 23, United
† HR 3684 EAS
508
1 States Code) or a group of metropolitan plan-
2 ning organizations.
3 (5) USE OF FUNDS.—An eligible entity that re-
4 ceives a grant under this section shall use the grant
5 to carry out a pilot project to address 1 or more of
6 the objectives described in paragraph (3).
7 (6) CONSIDERATION.—The Secretary shall con-
8 sider geographic diversity in awarding grants under
9 this subsection.
10 (7) FEDERAL SHARE.—The Federal share of the
11 cost of a pilot project carried out under this section
12 may not exceed—
13 (A) 80 percent of the total cost of a project
14 carried out by an eligible entity that has not oth-
15 erwise received a grant under this section; and
16 (B) 70 percent of the total cost of a project
17 carried out by an eligible entity that has received
18 at least 1 grant under this section.
19 (c) LIMITATION ON REVENUE COLLECTED.—Any rev-
20 enue collected through a user-based alternative revenue
21 mechanism established using funds provided under this sec-
22 tion shall not be considered a toll under section 301 of title
23 23, United States Code.
24 (d) RECOMMENDATIONS AND REPORT.—Not later than
25 3 years after the date of enactment of this Act, the Sec-
† HR 3684 EAS
509
1 retary, in coordination with the Secretary of the Treasury
2 and the Federal System Funding Alternative Advisory
3 Board established under section 13002(g)(1), shall submit
4 to the Committee on Environment and Public Works of the
5 Senate and the Committee on Transportation and Infra-
6 structure of the House of Representatives a report that—
7 (1) summarizes the results of the pilot projects
8 under this section and the national pilot program
9 under section 13002; and
10 (2) provides recommendations, if applicable, to
11 enable potential implementation of a nationwide
12 user-based alternative revenue mechanism.
13 (e) FUNDING.—
14 (1) IN GENERAL.—Of the funds made available
15 to carry out section 503(b) of title 23, United States
16 Code, for each of fiscal years 2022 through 2026
17 $15,000,000 shall be used for pilot projects under this
18 section.
19 (2) FLEXIBILITY.—If, by August 1 of each fiscal
20 year, the Secretary determines that there are not
21 enough grant applications to meet the requirements of
22 this section for that fiscal year, the Secretary shall
23 transfer to the national pilot program under section
24 13002 or to the highway research and development
† HR 3684 EAS
510
1 program under section 503(b) of title 23, United
2 States Code—
3 (A) any funds reserved for a fiscal year
4 under paragraph (1) that the Secretary has not
5 yet awarded under this section; and
6 (B) an amount of obligation limitation
7 equal to the amount of funds that the Secretary
8 transfers under subparagraph (A).
9 (f) REPEAL.—
10 (1) IN GENERAL.—Section 6020 of the FAST Act
11 (23 U.S.C. 503 note; Public Law 114–94) is repealed.
12 (2) CLERICAL AMENDMENT.—The table of con-
13 tents in section 1(b) of the FAST Act (Public Law
14 114–94; 129 Stat. 1312) is amended by striking the
15 item relating to section 6020.
16 SEC. 13002. NATIONAL MOTOR VEHICLE PER-MILE USER
17 FEE PILOT.
† HR 3684 EAS
511
1 cial motor vehicle in section 31101 of title 49, United
2 States Code.
3 (3) HIGHWAY TRUST FUND.—The term ‘‘High-
4 way Trust Fund’’ means the Highway Trust Fund es-
5 tablished under section 9503 of the Internal Revenue
6 Code of 1986.
7 (4) LIGHT TRUCK.—The term ‘‘light truck’’ has
8 the meaning given the term in section 523.2 of title
9 49, Code of Federal Regulations (or successor regula-
10 tions).
11 (5) MEDIUM- AND HEAVY-DUTY TRUCK.—The
† HR 3684 EAS
512
1 (8) PILOT PROGRAM.—The term ‘‘pilot program’’
2 means the pilot program established under subsection
3 (b)(1).
4 (9) VOLUNTEER PARTICIPANT.—The term ‘‘vol-
5 unteer participant’’ means—
6 (A) an owner or lessee of a private, personal
7 motor vehicle who volunteers to participate in
8 the pilot program;
9 (B) a commercial vehicle operator who vol-
10 unteers to participate in the pilot program; or
11 (C) an owner of a motor vehicle fleet who
12 volunteers to participate in the pilot program.
13 (b) ESTABLISHMENT.—
14 (1) IN GENERAL.—The Secretary, in coordina-
15 tion with the Secretary of the Treasury, and con-
16 sistent with the recommendations of the advisory
17 board, shall establish a pilot program to demonstrate
18 a national motor vehicle per-mile user fee—
19 (A) to restore and maintain the long-term
20 solvency of the Highway Trust Fund; and
21 (B) to improve and maintain the surface
22 transportation system.
23 (2) OBJECTIVES.—The objectives of the pilot pro-
24 gram are—
† HR 3684 EAS
513
1 (A) to test the design, acceptance, imple-
2 mentation, and financial sustainability of a na-
3 tional motor vehicle per-mile user fee;
4 (B) to address the need for additional rev-
5 enue for surface transportation infrastructure
6 and a national motor vehicle per-mile user fee;
7 and
8 (C) to provide recommendations relating to
9 the adoption and implementation of a national
10 motor vehicle per-mile user fee.
11 (c) PARAMETERS.—In carrying out the pilot program,
12 the Secretary, in coordination with the Secretary of the
13 Treasury, shall—
14 (1) provide different methods that volunteer par-
15 ticipants can choose from to track motor vehicle miles
16 traveled;
17 (2) solicit volunteer participants from all 50
18 States, the District of Columbia, and the Common-
19 wealth of Puerto Rico;
20 (3) ensure an equitable geographic distribution
21 by population among volunteer participants;
22 (4) include commercial vehicles and passenger
23 motor vehicles; and
24 (5) use components of and, where appropriate,
25 coordinate with—
† HR 3684 EAS
514
1 (A) the States that received a grant under
2 section 6020 of the FAST Act (23 U.S.C. 503
3 note; Public Law 114–94) (as in effect on the
4 day before the date of enactment of this Act); and
5 (B) eligible entities that received a grant
6 under section 13001.
7 (d) METHODS.—
8 (1) TOOLS.—In selecting the methods described
9 in subsection (c)(1), the Secretary shall coordinate
10 with entities that voluntarily provide to the Secretary
11 for use under the pilot program any of the following
12 vehicle-miles-traveled collection tools:
13 (A) Third-party on-board diagnostic (OBD-
14 II) devices.
15 (B) Smart phone applications.
16 (C) Telemetric data collected by automakers.
17 (D) Motor vehicle data obtained by car in-
18 surance companies.
19 (E) Data from the States that received a
20 grant under section 6020 of the FAST Act (23
21 U.S.C. 503 note; Public Law 114–94) (as in ef-
22 fect on the day before the date of enactment of
23 this Act).
24 (F) Motor vehicle data obtained from fuel-
25 ing stations.
† HR 3684 EAS
515
1 (G) Any other method that the Secretary
2 considers appropriate.
3 (2) COORDINATION.—
4 (A) SELECTION.—The Secretary shall deter-
5 mine which collection tools under paragraph (1)
6 are selected for the pilot program.
7 (B) VOLUNTEER PARTICIPANTS.—In a man-
8 ner that the Secretary considers appropriate, the
9 Secretary shall enable each volunteer participant
10 to choose 1 of the selected collection tools under
11 paragraph (1).
12 (e) MOTOR VEHICLE PER-MILE USER FEES.—For the
13 purposes of the pilot program, the Secretary of the Treasury
14 shall establish, on an annual basis, per-mile user fees for
15 passenger motor vehicles, light trucks, and medium- and
16 heavy-duty trucks, which amount may vary between vehicle
17 types and weight classes to reflect estimated impacts on in-
18 frastructure, safety, congestion, the environment, or other
19 related social impacts.
20 (f) VOLUNTEER PARTICIPANTS.—The Secretary, in co-
21 ordination with the Secretary of the Treasury, shall—
22 (1)(A) ensure, to the extent practicable, that the
23 greatest number of volunteer participants participate
24 in the pilot program; and
† HR 3684 EAS
516
1 (B) ensure that such volunteer participants rep-
2 resent geographically diverse regions of the United
3 States, including from urban and rural areas; and
4 (2) issue policies relating to the protection of vol-
5 unteer participants, including policies that—
6 (A) protect the privacy of volunteer partici-
7 pants; and
8 (B) secure the data provided by volunteer
9 participants.
10 (g) FEDERAL SYSTEM FUNDING ALTERNATIVE ADVI-
11 SORY BOARD.—
12 (1) IN GENERAL.—Not later than 90 days after
13 the date of enactment of this Act, the Secretary shall
14 establish an advisory board, to be known as the ‘‘Fed-
15 eral System Funding Alternative Advisory Board’’, to
16 assist with—
17 (A) providing the Secretary with rec-
18 ommendations related to the structure, scope,
19 and methodology for developing and imple-
20 menting the pilot program;
21 (B) carrying out the public awareness cam-
22 paign under subsection (h); and
23 (C) developing the report under subsection
24 (n).
† HR 3684 EAS
517
1 (2) MEMBERSHIP.—The advisory board shall in-
2 clude, at a minimum, the following representatives
3 and entities, to be appointed by the Secretary:
4 (A) State departments of transportation.
5 (B) Any public or nonprofit entity that led
6 a surface transportation system funding alter-
7 natives pilot project under section 6020 of the
8 FAST Act (23 U.S.C. 503 note; Public Law 114–
9 94) (as in effect on the day before the date of en-
10 actment of this Act).
11 (C) Representatives of the trucking indus-
12 try, including owner-operator independent driv-
13 ers.
14 (D) Data security experts with expertise in
15 personal privacy.
16 (E) Academic experts on surface transpor-
17 tation systems.
18 (F) Consumer advocates, including privacy
19 experts.
20 (G) Advocacy groups focused on equity.
21 (H) Owners of motor vehicle fleets.
22 (I) Owners and operators of toll facilities.
23 (J) Tribal groups or representatives.
24 (K) Any other representatives or entities, as
25 determined appropriate by the Secretary.
† HR 3684 EAS
518
1 (3) RECOMMENDATIONS.—Not later than 1 year
2 after the date on which the advisory board is estab-
3 lished under paragraph (1), the advisory board shall
4 provide the Secretary with the recommendations de-
5 scribed in subparagraph (A) of that paragraph, which
6 the Secretary shall use in implementing the pilot pro-
7 gram.
8 (h) PUBLIC AWARENESS CAMPAIGN.—
9 (1) IN GENERAL.—The Secretary, with guidance
10 from the advisory board, may carry out a public
11 awareness campaign to increase public awareness re-
12 garding a national motor vehicle per-mile user fee,
13 including distributing information—
14 (A) related to the pilot program;
15 (B) from the State surface transportation
16 system funding alternatives pilot program under
17 section 6020 of the FAST Act (23 U.S.C. 503
18 note; Public Law 114–94) (as in effect on the
19 day before the date of enactment of this Act); and
20 (C) related to consumer privacy.
21 (2) CONSIDERATIONS.—In carrying out the pub-
22 lic awareness campaign under this subsection, the
23 Secretary shall consider issues unique to each State.
24 (i) REVENUE COLLECTION.—The Secretary of the
25 Treasury, in coordination with the Secretary, shall estab-
† HR 3684 EAS
519
1 lish a mechanism to collect motor vehicle per-mile user fees
2 established under subsection (e) from volunteer partici-
3 pants, which—
4 (1) may be adjusted as needed to address tech-
5 nical challenges; and
6 (2) may allow independent and private third-
7 party vendors to collect the motor vehicle per-mile
8 user fees and forward such fees to the Treasury.
9 (j) AGREEMENT.—The Secretary may enter into an
10 agreement with a volunteer participant containing such
11 terms and conditions as the Secretary considers necessary
12 for participation in the pilot program.
13 (k) LIMITATION.—Any revenue collected through the
14 mechanism established under subsection (i) shall not be con-
15 sidered a toll under section 301 of title 23, United States
16 Code.
17 (l) HIGHWAY TRUST FUND.—The Secretary of the
18 Treasury shall ensure that any revenue collected under sub-
19 section (i) is deposited into the Highway Trust Fund.
20 (m) PAYMENT.—Not more than 60 days after the end
21 of each calendar quarter in which a volunteer participant
22 has participated in the pilot program, the Secretary of the
23 Treasury, in consultation with the Secretary of Transpor-
24 tation, shall estimate an amount of payment for each volun-
25 teer based on the vehicle miles submitted by the volunteer
† HR 3684 EAS
520
1 for the calendar quarter and issue such payment to such
2 volunteer participant.
3 (n) REPORT TO CONGRESS.—Not later than 1 year
4 after the date on which volunteer participants begin par-
5 ticipating in the pilot program, and each year thereafter
6 for the duration of the pilot program, the Secretary and
7 the Secretary of the Treasury shall submit to the Committee
8 on Environment and Public Works of the Senate and the
9 Committee on Transportation and Infrastructure of the
10 House of Representatives a report that includes an analysis
11 of—
12 (1) whether the objectives described in subsection
13 (b)(2) were achieved;
14 (2) how volunteer participant protections in sub-
15 section (f)(2) were complied with;
16 (3) whether motor vehicle per-mile user fees can
17 maintain the long-term solvency of the Highway
18 Trust Fund and improve and maintain the surface
19 transportation system, which shall include estimates
20 of administrative costs related to collecting such
21 motor vehicle per mile user fees;
22 (4) how the privacy of volunteers was main-
23 tained; and
† HR 3684 EAS
521
1 (5) equity impacts of the pilot program, includ-
2 ing the impacts of the pilot program on low-income
3 commuters.
4 (o) FUNDING.—
5 (1) IN GENERAL.—Of the funds made available
6 to carry out section 503(b) of title 23, United States
7 Code, for each of fiscal years 2022 through 2026
8 $10,000,000 shall be used to carry out the pilot pro-
9 gram under this section.
10 (2) EXCESS FUNDS.—Any excess funds remain-
11 ing after carrying out the pilot program under this
12 section shall be available to make grants for pilot
13 projects under section 13001.
14 SEC. 13003. PERFORMANCE MANAGEMENT DATA SUPPORT
15 PROGRAM.
† HR 3684 EAS
522
1 (A) weather conditions;
2 (B) roadway conditions;
3 (C) incidents, work zones, and other non-
4 recurring events related to emergency planning;
5 and
6 (D) information from emergency responders;
7 and
8 (2) to facilitate data integration between the De-
9 partment, the National Weather Service, and other
10 sources of data that provide real-time data with re-
11 spect to roadway conditions during or as a result of
12 severe weather events, including, at a minimum—
13 (A) winter weather;
14 (B) heavy rainfall; and
15 (C) tropical weather events.
16 (b) REQUIREMENTS.—In carrying out subsection
17 (a)(1), the Secretary shall—
18 (1) address the safety, resiliency, and vulner-
19 ability of the transportation system to disasters; and
20 (2) develop tools for decisionmakers and other
21 end-users who could use or benefit from the integrated
22 data described in that subsection to improve public
23 safety and mobility.
† HR 3684 EAS
523
1 (c) TREATMENT.—Except as otherwise provided in this
2 section, the Secretary shall carry out activities under the
3 pilot program under this section as if—
4 (1) those activities were authorized under chap-
5 ter 5 of title 23, United States Code; and
6 (2) the funds made available to carry out the
7 pilot program were made available under that chap-
8 ter.
9 (d) AUTHORIZATION OF APPROPRIATIONS.—There is
10 authorized to be appropriated to carry out this section
11 $2,500,000 for each of fiscal years 2022 through 2026, to
12 remain available until expended.
13 SEC. 13005. EMERGING TECHNOLOGY RESEARCH PILOT
14 PROGRAM.
† HR 3684 EAS
524
1 (2) research and development activities (includ-
2 ing laboratory and test track supported accelerated
3 pavement testing research regarding the impacts of
4 connected, autonomous, and platooned vehicles on
5 pavement and infrastructure performance)—
6 (A) to reduce the impact of automated and
7 connected driving systems and advanced driver-
8 assistance systems on pavement and infrastruc-
9 ture performance; and
10 (B) to improve transportation infrastruc-
11 ture design in anticipation of increased usage of
12 automated driving systems and advanced driver-
13 assistance systems.
14 (c) TREATMENT.—Except as otherwise provided in this
15 section, the Secretary shall carry out activities under the
16 pilot program under this section as if—
17 (1) those activities were authorized under chap-
18 ter 5 of title 23, United States Code; and
19 (2) the funds made available to carry out the
20 pilot program were made available under that chap-
21 ter.
22 (d) AUTHORIZATION OF APPROPRIATIONS.—There is
23 authorized to be appropriated to carry out this section
24 $5,000,000 for each of fiscal years 2022 through 2026, to
25 remain available until expended.
† HR 3684 EAS
525
1 SEC. 13006. RESEARCH AND TECHNOLOGY DEVELOPMENT
2 AND DEPLOYMENT.
† HR 3684 EAS
527
1 (D) in paragraph (6)—
2 (i) in subparagraph (A), by striking
3 ‘‘and’’ at the end;
4 (ii) in subparagraph (B), by striking
5 the period at the end and inserting ‘‘; and’’;
6 and
7 (iii) by adding at the end the fol-
8 lowing:
9 ‘‘(C) to support research on non-market-
10 ready technologies in consultation with public
11 and private entities.’’;
12 (E) in paragraph (7)(B)—
13 (i) in the matter preceding clause (i),
14 by inserting ‘‘innovations by leading’’ after
15 ‘‘support’’;
16 (ii) in clause (iii), by striking ‘‘and’’
17 at the end;
18 (iii) in clause (iv), by striking the pe-
19 riod at the end and inserting ‘‘; and’’; and
20 (iv) by adding at the end the following:
21 ‘‘(v) the evaluation of information
22 from accelerated market readiness efforts,
23 including non-market-ready technologies, in
24 consultation with other offices of the Federal
25 Highway Administration, the National
† HR 3684 EAS
528
1 Highway Traffic Safety Administration,
2 and other key partners.’’;
3 (F) in paragraph (8)(A), by striking ‘‘fu-
4 ture highway’’ and all that follows through
5 ‘‘needs.’’ and inserting the following: ‘‘current
6 conditions and future needs of highways, bridges,
7 and tunnels of the United States, including—
8 ‘‘(i) the conditions and performance of
9 the highway network for freight movement;
10 ‘‘(ii) intelligent transportation systems;
11 ‘‘(iii) resilience needs; and
12 ‘‘(iv) the backlog of current highway,
13 bridge, and tunnel needs.’’; and
14 (G) by adding at the end the following:
15 ‘‘(9) ANALYSIS TOOLS.—The Secretary may de-
16 velop interactive modeling tools and databases that—
17 ‘‘(A) track the full condition of highway as-
18 sets, including interchanges, and the reconstruc-
19 tion history of those assets;
20 ‘‘(B) can be used to assess transportation
21 options;
22 ‘‘(C) allow for the monitoring and modeling
23 of network-level traffic flows on highways; and
24 ‘‘(D) further Federal and State under-
25 standing of the importance of national and re-
† HR 3684 EAS
529
1 gional connectivity and the need for long-dis-
2 tance and interregional passenger and freight
3 travel by highway and other surface transpor-
4 tation modes.’’; and
5 (3) in subsection (c)—
6 (A) in paragraph (1)—
7 (i) in the matter preceding subpara-
8 graph (A), by inserting ‘‘use of rights-of-
9 way permissible under applicable law,’’
10 after ‘‘structures,’’;
11 (ii) in subparagraph (D), by striking
12 ‘‘and’’ at the end;
13 (iii) in subparagraph (E), by striking
14 the period at the end and inserting ‘‘; and’’;
15 and
16 (iv) by adding at the end the following:
17 ‘‘(F) disseminating and evaluating infor-
18 mation from accelerated market readiness efforts,
19 including non-market-ready technologies, to pub-
20 lic and private entities.’’;
21 (B) in paragraph (2)—
22 (i) in subparagraph (B)(iii), by strik-
23 ing ‘‘improved tools and methods to accel-
24 erate the adoption’’ and inserting ‘‘and de-
25 ploy improved tools and methods to accel-
† HR 3684 EAS
530
1 erate the adoption of early-stage and proven
2 innovative practices and technologies and,
3 as the Secretary determines to be appro-
4 priate, support continued implementation’’;
5 and
6 (ii) by adding at the end the following:
7 ‘‘(D) REPORT.—Not later than 2 years after
8 the date of enactment of this subparagraph and
9 every 2 years thereafter, the Secretary shall sub-
10 mit to the Committee on Environment and Pub-
11 lic Works of the Senate and the Committee on
12 Transportation and Infrastructure of the House
13 of Representatives and make publicly available
14 on an internet website a report that describes—
15 ‘‘(i) the activities the Secretary has un-
16 dertaken to carry out the program estab-
17 lished under paragraph (1); and
18 ‘‘(ii) how and to what extent the Sec-
19 retary has worked to disseminate non-mar-
20 ket-ready technologies to public and private
21 entities.’’;
22 (C) in paragraph (3)—
23 (i) by redesignating subparagraphs (C)
24 and (D) as subparagraphs (D) and (E), re-
25 spectively;
† HR 3684 EAS
531
1 (ii) by inserting after subparagraph
2 (B) the following:
3 ‘‘(C) HIGH-FRICTION SURFACE TREATMENT
4 APPLICATION STUDY.—
† HR 3684 EAS
532
1 ‘‘(iii) REPORT.—Not later than 18
2 months after the date of enactment of the
3 Surface Transportation Reauthorization
4 Act of 2021, the Secretary shall submit a re-
5 port on the results of the study under clause
6 (ii) to—
7 ‘‘(I) the Committee on Environ-
8 ment and Public Works of the Senate;
9 ‘‘(II) the Committee on Transpor-
10 tation and Infrastructure of the House
11 of Representatives;
12 ‘‘(III) the Federal Highway Ad-
13 ministration; and
14 ‘‘(IV) the American Association of
15 State Highway and Transportation
16 Officials.’’;
17 (iii) in subparagraph (D) (as so redes-
18 ignated), by striking ‘‘fiscal years 2016
19 through 2020’’ and inserting ‘‘fiscal years
20 2022 through 2026’’; and
21 (iv) in subparagraph (E) (as so redes-
22 ignated)—
23 (I) in clause (i), by striking ‘‘an-
24 nually’’ and inserting ‘‘once every 3
25 years’’; and
† HR 3684 EAS
533
1 (II) in clause (ii)—
2 (aa) in subclause (III), by
3 striking ‘‘and’’ at the end;
4 (bb) in subclause (IV), by
5 striking the period at the end and
6 inserting a semicolon; and
7 (cc) by adding at the end the
8 following:
9 ‘‘(V) pavement monitoring and
10 data collection practices;
11 ‘‘(VI) pavement durability and re-
12 silience;
13 ‘‘(VII) stormwater management;
14 ‘‘(VIII) impacts on vehicle effi-
15 ciency;
16 ‘‘(IX) the energy efficiency of the
17 production of paving materials and the
18 ability of paving materials to enhance
19 the environment and promote sustain-
20 ability; and
21 ‘‘(X) integration of renewable en-
22 ergy in pavement designs.’’; and
23 (D) by adding at the end the following:
† HR 3684 EAS
534
1 ‘‘(5) ACCELERATED IMPLEMENTATION AND DE-
3 MANAGEMENT SYSTEMS.—
† HR 3684 EAS
535
1 ‘‘(II) boost productivity;
2 ‘‘(III) manage complexity;
3 ‘‘(IV) reduce project delays and
4 cost overruns; and
5 ‘‘(V) enhance safety and quality;
6 ‘‘(ii) more timely and productive infor-
7 mation-sharing among stakeholders through
8 reduced reliance on paper to manage con-
9 struction processes and deliverables such as
10 blueprints, design drawings, procurement
11 and supply-chain orders, equipment logs,
12 daily progress reports, and punch lists;
13 ‘‘(iii) deployment of digital manage-
14 ment systems that enable and leverage the
15 use of digital technologies on construction
16 sites by contractors, such as state-of-the-art
17 automated and connected machinery and
18 optimized routing software that allows con-
19 struction workers to perform tasks faster,
20 safer, more accurately, and with minimal
21 supervision;
22 ‘‘(iv) the development and deployment
23 of best practices for use in digital construc-
24 tion management;
† HR 3684 EAS
536
1 ‘‘(v) increased technology adoption and
2 deployment by States and units of local
3 government that enables project sponsors—
4 ‘‘(I) to integrate the adoption of
5 digital management systems and tech-
6 nologies in contracts; and
7 ‘‘(II) to weigh the cost of
8 digitization and technology in setting
9 project budgets;
10 ‘‘(vi) technology training and work-
11 force development to build the capabilities of
12 project managers and sponsors that enables
13 States and units of local government—
14 ‘‘(I) to better manage projects
15 using advanced construction manage-
16 ment technologies; and
17 ‘‘(II) to properly measure and re-
18 ward technology adoption across
19 projects of the State or unit of local
20 government;
21 ‘‘(vii) development of guidance to assist
22 States in updating regulations of the State
23 to allow project sponsors and contractors—
24 ‘‘(I) to report data relating to the
25 project in digital formats; and
† HR 3684 EAS
537
1 ‘‘(II) to fully capture the effi-
2 ciencies and benefits of advanced dig-
3 ital construction management systems
4 and related technologies;
5 ‘‘(viii) reduction in the environmental
6 footprint of construction projects using ad-
7 vanced digital construction management
8 systems resulting from elimination of con-
9 gestion through more efficient projects; and
10 ‘‘(ix) enhanced worker and pedestrian
11 safety resulting from increased trans-
12 parency.
13 ‘‘(C) FUNDING.—For each of fiscal years
14 2022 through 2026, the Secretary shall obligate
15 from funds made available to carry out this sub-
16 section $20,000,000 to accelerate the deployment
17 and implementation of advanced digital con-
18 struction management systems.
19 ‘‘(D) PUBLICATION.—
20 ‘‘(i) IN GENERAL.—Not less frequently
21 than annually, the Secretary shall issue and
22 make available to the public on a website a
23 report on—
† HR 3684 EAS
538
1 ‘‘(I) progress made in the imple-
2 mentation of advanced digital manage-
3 ment systems by States; and
4 ‘‘(II) the costs and benefits of the
5 deployment of new technology and in-
6 novations that substantially and di-
7 rectly resulted from the program estab-
8 lished under this paragraph.
9 ‘‘(ii) INCLUSIONS.—The report under
10 clause (i) may include an analysis of—
11 ‘‘(I) Federal, State, and local cost
12 savings;
13 ‘‘(II) project delivery time im-
14 provements;
15 ‘‘(III) congestion impacts; and
16 ‘‘(IV) safety improvements for
17 roadway users and construction work-
18 ers.’’.
19 (b) ADVANCED TRANSPORTATION TECHNOLOGIES AND
† HR 3684 EAS
539
1 ‘‘(A) IN GENERAL.—The Secretary shall
2 provide grants to eligible entities to deploy, in-
3 stall, and operate advanced transportation tech-
4 nologies to improve safety, mobility, efficiency,
5 system performance, intermodal connectivity,
6 and infrastructure return on investment.’’;
7 (3) in subparagraph (B)—
8 (A) in clause (i), by striking ‘‘the enhanced
9 use’’ and inserting ‘‘optimization’’;
10 (B) in clause (v)—
11 (i) by striking ‘‘transit,’’ and inserting
12 ‘‘work zone, weather, transit, paratransit,’’;
13 and
14 (ii) by striking ‘‘and accessible trans-
15 portation’’ and inserting ‘‘, accessible, and
16 integrated transportation and transpor-
17 tation services’’;
18 (C) by redesignating clauses (i) through
19 (viii) as clauses (iii), (iv), (v), (vi), (vii), (ix),
20 (x), and (xi), respectively;
21 (D) by inserting before clause (iii) (as so re-
22 designated) the following:
23 ‘‘(i) improve the mobility of people and
24 goods;
† HR 3684 EAS
540
1 ‘‘(ii) improve the durability and ex-
2 tend the life of transportation infrastruc-
3 ture;’’;
4 (E) in clause (iv) (as so redesignated), by
5 striking ‘‘deliver’’ and inserting ‘‘protect the en-
6 vironment and deliver’’;
7 (F) by inserting after clause (vii) (as so re-
8 designated) the following:
9 ‘‘(viii) facilitate account-based pay-
10 ments for transportation access and services
11 and integrate payment systems across
12 modes;’’;
13 (G) in clause (x) (as so redesignated), by
14 striking ‘‘or’’ at the end;
15 (H) in clause (xi) (as so redesignated)—
16 (i) by inserting ‘‘vehicle-to-pedestrian,’’
17 after ‘‘vehicle-to-infrastructure,’’; and
18 (ii) by striking the period at the end
19 and inserting ‘‘; or’’; and
20 (I) by adding at the end the following:
21 ‘‘(xii) incentivize travelers—
22 ‘‘(I) to share trips during periods
23 in which travel demand exceeds system
24 capacity; or
† HR 3684 EAS
541
1 ‘‘(II) to shift trips to periods in
2 which travel demand does not exceed
3 system capacity.’’;
4 (4) in subparagraph (C)—
5 (A) in clause (i), by striking ‘‘Not later’’
6 and all that follows through ‘‘thereafter’’ and in-
7 serting ‘‘Each fiscal year for which funding is
8 made available for activities under this para-
9 graph’’; and
10 (B) in clause (ii)—
11 (i) in subclause (I), by inserting ‘‘mo-
12 bility,’’ after ‘‘safety,’’; and
13 (ii) in subclause (II)—
14 (I) in item (bb), by striking
15 ‘‘and’’ at the end;
16 (II) in item (cc), by striking the
17 period at the end and inserting ‘‘;
18 and’’; and
19 (III) by adding at the end the fol-
20 lowing:
21 ‘‘(dd) facilitating payment
22 for transportation services.’’;
23 (5) in subparagraph (D)—
24 (A) in clause (i), by striking ‘‘Not later’’
25 and all that follows through ‘‘thereafter’’ and in-
† HR 3684 EAS
542
1 serting ‘‘Each fiscal year for which funding is
2 made available for activities under this para-
3 graph’’; and
4 (B) in clause (ii)—
5 (i) by striking ‘‘In awarding’’ and in-
6 serting the following:
7 ‘‘(I) IN GENERAL.—Subject to
8 subclause (II), in awarding’’; and
9 (ii) by adding at the end the following:
10 ‘‘(II) RURAL SET-ASIDE.—Not less
11 than 20 percent of the amounts made
12 available to carry out this paragraph
13 shall be reserved for projects serving
14 rural areas.’’;
15 (6) in subparagraph (E)—
16 (A) by redesignating clauses (iii) through
17 (ix) as clauses (iv), (v), (vi), (vii), (viii), (xi),
18 and (xiv), respectively;
19 (B) by inserting after clause (ii) the fol-
20 lowing:
21 ‘‘(iii) advanced transportation tech-
22 nologies to improve emergency evacuation
23 and response by Federal, State, and local
24 authorities;’’;
† HR 3684 EAS
543
1 (C) by inserting after clause (viii) (as so re-
2 designated) the following:
3 ‘‘(ix) integrated corridor management
4 systems;
5 ‘‘(x) advanced parking reservation or
6 variable pricing systems;’’;
7 (D) in clause (xi) (as so redesignated)—
8 (i) by inserting ‘‘, toll collection,’’ after
9 ‘‘pricing’’; and
10 (ii) by striking ‘‘or’’ at the end;
11 (E) by inserting after clause (xi) (as so re-
12 designated) the following:
13 ‘‘(xii) technology that enhances high
14 occupancy vehicle toll lanes, cordon pricing,
15 or congestion pricing;
16 ‘‘(xiii) integration of transportation
17 service payment systems;’’;
18 (F) in clause (xiv) (as so redesignated)—
19 (i) by striking ‘‘and access’’ and in-
20 serting ‘‘, access, and on-demand transpor-
21 tation service’’;
22 (ii) by inserting ‘‘and other shared-use
23 mobility applications’’ after ‘‘ridesharing’’;
24 and
† HR 3684 EAS
544
1 (iii) by striking the period at the end
2 and inserting a semicolon; and
3 (G) by adding at the end the following:
4 ‘‘(xv) retrofitting dedicated short-range
5 communications (DSRC) technology de-
6 ployed as part of an existing pilot program
7 to cellular vehicle-to-everything (C–V2X)
8 technology, subject to the condition that the
9 retrofitted technology operates only within
10 the existing spectrum allocations for con-
11 nected vehicle systems; or
12 ‘‘(xvi) advanced transportation tech-
13 nologies, in accordance with the research
14 areas described in section 6503 of title 49.’’;
15 (7) in subparagraph (F)(ii)(IV), by striking ‘‘ef-
16 ficiency and multimodal system performance’’ and
17 inserting ‘‘mobility, efficiency, multimodal system
18 performance, and payment system performance’’;
19 (8) in subparagraph (G)—
20 (A) by redesignating clauses (vi) through
21 (viii) as clauses (vii) through (ix), respectively;
22 and
23 (B) by inserting after clause (v) the fol-
24 lowing:
† HR 3684 EAS
545
1 ‘‘(vi) improved integration of payment
2 systems;’’;
3 (9) in subparagraph (I)(i), by striking ‘‘fiscal
4 years 2016 through 2020’’ and inserting ‘‘fiscal years
5 2022 through 2026’’;
6 (10) in subparagraph (J), by striking ‘‘50’’ and
7 inserting ‘‘80’’; and
8 (11) in subparagraph (N)—
9 (A) in the matter preceding clause (i), by
10 striking ‘‘, the following definitions apply’’;
11 (B) in clause (i), by striking ‘‘representing
12 a population of over 200,000’’; and
13 (C) in clause (iii), in the matter preceding
14 subclause (I), by striking ‘‘a any’’ and inserting
15 ‘‘any’’.
16 (c) CENTER OF EXCELLENCE ON NEW MOBILITY AND
† HR 3684 EAS
546
1 ‘‘(I) has a taxable gross weight (as
2 defined in section 41.4482(b)–1 of title
3 26, Code of Federal Regulations (or
4 successor regulations)) of 10,000
5 pounds or less; and
6 ‘‘(II) is equipped with a Level 3,
7 Level 4, or Level 5 automated driving
8 system (as defined in the SAE Inter-
9 national Recommended Practice num-
10 bered J3016 and dated June 15, 2018
11 (or a subsequent standard adopted by
12 the Secretary)).
13 ‘‘(ii) NEW MOBILITY.—The term ‘new
14 mobility’ includes shared services such as—
15 ‘‘(I) docked and dockless bicycles;
16 ‘‘(II) docked and dockless electric
17 scooters; and
18 ‘‘(III) transportation network
19 companies.
20 ‘‘(B) ESTABLISHMENT.—Not later than 1
21 year after the date of enactment of the Surface
22 Transportation Reauthorization Act of 2021, the
23 Secretary shall establish a Center of Excellence
24 to collect, conduct, and fund research on the im-
25 pacts of new mobility and highly automated ve-
† HR 3684 EAS
547
1 hicles on land use, urban design, transportation,
2 real estate, equity, and municipal budgets.
3 ‘‘(C) REPORT.—Not later than 1 year after
4 the date on which the Center of Excellence is es-
5 tablished, the Secretary shall submit a report
6 that describes the results of the research regard-
7 ing the impacts of new mobility and highly
8 automated vehicles to the Committees on Envi-
9 ronment and Public Works and Commerce,
10 Science, and Transportation of the Senate and
11 the Committees on Transportation and Infra-
12 structure and Energy and Commerce of the
13 House of Representatives.
14 ‘‘(D) PARTNERSHIPS.—In establishing the
15 Center of Excellence under subparagraph (B),
16 the Secretary shall enter into appropriate part-
17 nerships with any institution of higher education
18 (as defined in section 101 of the Higher Edu-
19 cation Act of 1965 (20 U.S.C. 1001)) or public
20 or private research entity.’’.
21 (d) ACCELERATED IMPLEMENTATION AND DEPLOY-
22 MENT OF ADVANCED DIGITAL CONSTRUCTION MANAGE-
23 MENT SYSTEMS.—Not later than 1 year after the date of
24 enactment of this Act, the Secretary shall submit to the
25 Committee on Environment and Public Works of the Senate
† HR 3684 EAS
548
1 and the Committee on Transportation and Infrastructure
2 of the House of Representatives a report that includes—
3 (1) a description of—
4 (A) the current status of the use of advanced
5 digital construction management systems in each
6 State; and
7 (B) the progress of each State toward accel-
8 erating the adoption of advanced digital con-
9 struction management systems; and
10 (2) an analysis of the savings in project delivery
11 time and project costs that can be achieved through
12 the use of advanced digital construction management
13 systems.
14 (e) OPEN CHALLENGE AND RESEARCH PROPOSAL
15 PILOT PROGRAM.—
16 (1) IN GENERAL.—The Secretary shall establish
17 an open challenge and research proposal pilot pro-
18 gram under which eligible entities may propose open
19 highway challenges and research proposals that are
20 linked to identified or potential research needs.
21 (2) REQUIREMENTS.—A research proposal sub-
22 mitted to the Secretary by an eligible entity shall ad-
23 dress—
† HR 3684 EAS
549
1 (A) a research need identified by the Sec-
2 retary or the Administrator of the Federal High-
3 way Administration; or
4 (B) an issue or challenge that the Secretary
5 determines to be important.
6 (3) ELIGIBLE ENTITIES.—An entity eligible to
7 submit a research proposal under the pilot program
8 under paragraph (1) is—
9 (A) a State;
10 (B) a unit of local government;
11 (C) a university transportation center
12 under section 5505 of title 49, United States
13 Code;
14 (D) a private nonprofit organization;
15 (E) a private sector organization working
16 in collaboration with an entity described in sub-
17 paragraphs (A) through (D); and
18 (F) any other individual or entity that the
19 Secretary determines to be appropriate.
20 (4) PROJECT REVIEW.—The Secretary shall—
21 (A) review each research proposal submitted
22 under the pilot program under paragraph (1);
23 and
24 (B) provide to the eligible entity a written
25 notice that—
† HR 3684 EAS
550
1 (i) if the research proposal is not se-
2 lected—
3 (I) notifies the eligible entity that
4 the research proposal has not been se-
5 lected for funding;
6 (II) provides an explanation as to
7 why the research proposal was not se-
8 lected, including if the research pro-
9 posal does not cover an area of need;
10 and
11 (III) if applicable, recommend
12 that the research proposal be submitted
13 to another research program and pro-
14 vide guidance and direction to the eli-
15 gible entity and the proposed research
16 program office; and
17 (ii) if the research proposal is selected,
18 notifies the eligible entity that the research
19 proposal has been selected for funding.
20 (5) FEDERAL SHARE.—
† HR 3684 EAS
551
1 cluding personnel, travel, facility, and hardware
2 development costs, shall be credited toward the
3 non-Federal share of the cost of an activity car-
4 ried out under this subsection.
5 (f) CONFORMING AMENDMENT.—Section 167 of title
6 23, United States Code, is amended—
7 (1) by striking subsection (h); and
8 (2) by redesignating subsections (i) through (l)
9 as subsections (h) through (k), respectively.
10 SEC. 13007. WORKFORCE DEVELOPMENT, TRAINING, AND
11 EDUCATION.
† HR 3684 EAS
552
1 inserting ‘‘, college, community college, or voca-
2 tional school’’; and
3 (D) by inserting after subparagraph (F) (as
4 so redesignated) the following:
5 ‘‘(G) activities associated with workforce
6 training and employment services, such as tar-
7 geted outreach and partnerships with industry,
8 economic development organizations, workforce
9 development boards, and labor organizations;’’;
10 (2) in paragraph (2), by striking ‘‘paragraph
11 (1)(G)’’ and inserting ‘‘paragraph (1)(I)’’; and
12 (3) in paragraph (3)—
13 (A) by striking the period at the end and
14 inserting a semicolon;
15 (B) by striking ‘‘including activities’’ and
16 inserting the following: ‘‘including—
17 ‘‘(A) activities’’; and
18 (C) by adding at the end the following:
19 ‘‘(B) activities that address current work-
20 force gaps, such as work on construction projects,
21 of State and local transportation agencies;
22 ‘‘(C) activities to develop a robust surface
23 transportation workforce with new skills result-
24 ing from emerging transportation technologies;
25 and
† HR 3684 EAS
553
1 ‘‘(D) activities to attract new sources of job-
2 creating investment.’’.
3 (b) TRANSPORTATION EDUCATION AND TRAINING DE-
4 VELOPMENT AND DEPLOYMENT PROGRAM.—Section 504(f)
5 of title 23, United States Code, is amended—
6 (1) in the subsection heading, by striking ‘‘DE-
7 VELOPMENT’’ and inserting ‘‘AND TRAINING DEVEL-
8 OPMENT AND DEPLOYMENT’’;
9 (2) by striking paragraph (1) and inserting the
10 following:
11 ‘‘(1) ESTABLISHMENT.—The Secretary shall es-
12 tablish a program to make grants to educational in-
13 stitutions or State departments of transportation, in
14 partnership with industry and relevant Federal de-
15 partments and agencies—
16 ‘‘(A) to develop, test, and review new cur-
17 ricula and education programs to train individ-
18 uals at all levels of the transportation workforce;
19 or
20 ‘‘(B) to implement the new curricula and
21 education programs to provide for hands-on ca-
22 reer opportunities to meet current and future
23 needs.’’;
24 (3) in paragraph (2)—
† HR 3684 EAS
554
1 (A) in the matter preceding subparagraph
2 (A), by striking ‘‘shall’’ and inserting ‘‘may’’;
3 (B) in subparagraph (A), by inserting ‘‘cur-
4 rent or future’’ after ‘‘specific’’; and
5 (C) in subparagraph (E)—
6 (i) by striking ‘‘in nontraditional de-
7 partments’’;
8 (ii) by inserting ‘‘construction,’’ after
9 ‘‘such as’’; and
10 (iii) by inserting ‘‘or emerging’’ after
11 ‘‘industrial’’;
12 (4) by redesignating paragraph (3) as para-
13 graph (4); and
14 (5) by inserting after paragraph (2) the fol-
15 lowing:
16 ‘‘(3) REPORTING.—The Secretary shall establish
17 minimum reporting requirements for grant recipients
18 under this subsection, which may include, with re-
19 spect to a program carried out with a grant under
20 this subsection—
21 ‘‘(A) the percentage or number of program
22 participants that are employed during the sec-
23 ond quarter after exiting the program;
† HR 3684 EAS
555
1 ‘‘(B) the percentage or number of program
2 participants that are employed during the fourth
3 quarter after exiting the program;
4 ‘‘(C) the median earnings of program par-
5 ticipants that are employed during the second
6 quarter after exiting the program;
7 ‘‘(D) the percentage or number of program
8 participants that obtain a recognized postsec-
9 ondary credential or a secondary school diploma
10 (or a recognized equivalent) during participation
11 in the program or by not later than 1 year after
12 exiting the program; and
13 ‘‘(E) the percentage or number of program
14 participants that, during a program year—
15 ‘‘(i) are in an education or training
16 program that leads to a recognized postsec-
17 ondary credential or employment; and
18 ‘‘(ii) are achieving measurable skill
19 gains toward such a credential or employ-
20 ment.’’.
21 (c) USE OF FUNDS.—Section 504 of title 23, United
22 States Code, is amended by adding at the end the following:
23 ‘‘(i) USE OF FUNDS.—The Secretary may use funds
24 made available to carry out this section to carry out activi-
† HR 3684 EAS
556
1 ties related to workforce development and technical assist-
2 ance and training if—
3 ‘‘(1) the activities are authorized by another pro-
4 vision of this title; and
5 ‘‘(2) the activities are for entities other than em-
6 ployees of the Secretary, such as States, units of local
7 government, Federal land management agencies, and
8 Tribal governments.’’.
9 SEC. 13008. WILDLIFE-VEHICLE COLLISION RESEARCH.
† HR 3684 EAS
557
1 ‘‘(J) an academic researcher who is a bio-
2 logical or ecological scientist with expertise in
3 transportation issues;’’; and
4 (5) by inserting after subparagraph (M) (as so
5 redesignated) the following:
6 ‘‘(N) a representative from a public interest
7 group concerned with the impact of the transpor-
8 tation system on terrestrial and aquatic species
9 and the habitat of those species; and’’.
10 (b) ANIMAL DETECTION SYSTEMS RESEARCH AND DE -
11 VELOPMENT.—Section 516(b)(6) of title 23, United States
12 Code, is amended by inserting ‘‘, including animal detec-
13 tion systems to reduce the number of wildlife-vehicle colli-
14 sions’’ after ‘‘systems’’.
15 SEC. 13009. TRANSPORTATION RESILIENCE AND ADAPTA-
† HR 3684 EAS
558
1 ‘‘(b) DESIGNATION.—The Secretary shall designate 10
2 regional Centers of Excellence for Resilience and Adapta-
3 tion and 1 national Center of Excellence for Resilience and
4 Adaptation, which shall serve as a coordinator for the re-
5 gional Centers, to receive grants to advance research and
6 development that improves the resilience of regions of the
7 United States to natural disasters and extreme weather by
8 promoting the resilience of surface transportation infra-
9 structure and infrastructure dependent on surface transpor-
10 tation.
11 ‘‘(c) ELIGIBILITY.—An entity eligible to be designated
12 as a Center of Excellence is—
13 ‘‘(1) an institution of higher education (as de-
14 fined in section 102 of the Higher Education Act of
15 1965 (20 U.S.C. 1002)); or
16 ‘‘(2) a consortium of nonprofit organizations led
17 by an institution of higher education.
18 ‘‘(d) APPLICATION.—To be eligible to be designated as
19 a Center of Excellence, an eligible entity shall submit to
20 the Secretary an application at such time, in such manner,
21 and containing such information as the Secretary may re-
22 quire, including a proposal that includes a description of
23 the activities to be carried out with a grant under this sec-
24 tion.
25 ‘‘(e) SELECTION.—
† HR 3684 EAS
559
1 ‘‘(1) REGIONAL CENTERS OF EXCELLENCE.—The
† HR 3684 EAS
560
1 resilience solutions for transportation assets
2 and systems;
3 ‘‘(ii) support activities carried out
4 under the PROTECT program under sec-
5 tion 176;
6 ‘‘(iii) support and build on work being
7 carried out by another Federal agency relat-
8 ing to resilience;
9 ‘‘(iv) inform transportation decision-
10 making at all levels of government;
11 ‘‘(v) engage local, regional, Tribal,
12 State, and national stakeholders, including,
13 if applicable, stakeholders representing
14 transportation, transit, urban, and land use
15 planning, natural resources, environmental
16 protection, hazard mitigation, and emer-
17 gency management; and
18 ‘‘(vi) engage community groups and
19 other stakeholders that will be affected by
20 transportation decisions, including under-
21 served, economically disadvantaged, rural,
22 and predominantly minority communities;
23 and
† HR 3684 EAS
561
1 ‘‘(C) the local, regional, Tribal, State, and
2 national impacts of the proposal of the eligible
3 entity.
4 ‘‘(f) GRANTS.—Subject to the availability of appro-
5 priations, the Secretary shall provide to each Center of Ex-
6 cellence a grant of not less than $5,000,000 for each of fiscal
7 years 2022 through 2031 to carry out the activities de-
8 scribed in subsection (g).
9 ‘‘(g) ACTIVITIES.—In carrying out this section, the
10 Secretary shall ensure that a Center of Excellence uses the
11 funds from a grant under subsection (f) to promote resilient
12 transportation infrastructure, including through—
13 ‘‘(1) supporting climate vulnerability assess-
14 ments informed by climate change science, including
15 national climate assessments produced by the United
16 States Global Change Research Program under sec-
17 tion 106 of the Global Change Research Act of 1990
18 (15 U.S.C. 2936), relevant feasibility analyses of re-
19 silient transportation improvements, and transpor-
20 tation resilience planning;
21 ‘‘(2) development of new design, operations, and
22 maintenance standards for transportation infrastruc-
23 ture that can inform Federal and State decision-
24 making;
† HR 3684 EAS
562
1 ‘‘(3) research and development of new materials
2 and technologies that could be integrated into existing
3 and new transportation infrastructure;
4 ‘‘(4) development, refinement, and piloting of
5 new and emerging resilience improvements and strat-
6 egies, including natural infrastructure approaches
7 and relocation;
8 ‘‘(5) development of and investment in new ap-
9 proaches for facilitating meaningful engagement in
10 transportation decisionmaking by local, Tribal, re-
11 gional, or national stakeholders and communities;
12 ‘‘(6) technical capacity building to facilitate the
13 ability of local, regional, Tribal, State, and national
14 stakeholders—
15 ‘‘(A) to assess the vulnerability of transpor-
16 tation infrastructure assets and systems;
17 ‘‘(B) to develop community response strate-
18 gies;
19 ‘‘(C) to meaningfully engage with commu-
20 nity stakeholders; and
21 ‘‘(D) to develop strategies and improve-
22 ments for enhancing transportation infrastruc-
23 ture resilience under current conditions and a
24 range of potential future conditions;
25 ‘‘(7) workforce development and training;
† HR 3684 EAS
563
1 ‘‘(8) development and dissemination of data,
2 tools, techniques, assessments, and information that
3 informs Federal, State, Tribal, and local government
4 decisionmaking, policies, planning, and investments;
5 ‘‘(9) education and outreach regarding transpor-
6 tation infrastructure resilience; and
7 ‘‘(10) technology transfer and commercialization.
8 ‘‘(h) FEDERAL SHARE.—The Federal share of the cost
9 of an activity under this section, including the costs of es-
10 tablishing and operating a Center of Excellence, shall be
11 50 percent.’’.
12 (b) CLERICAL AMENDMENT.—The analysis for chapter
13 5 of title 23, United States Code, is amended by adding
14 at the end the following:
‘‘520. Transportation Resilience and Adaptation Centers of Excellence.’’.
† HR 3684 EAS
565
1 (A) measuring the level of access by surface
2 transportation modes to important destinations,
3 which may include—
4 (i) jobs;
5 (ii) health care facilities;
6 (iii) child care services;
7 (iv) educational and workforce train-
8 ing facilities;
9 (v) housing;
10 (vi) food sources;
11 (vii) points within the supply chain
12 for freight commodities;
13 (viii) domestic or international mar-
14 kets; and
15 (ix) connections between surface trans-
16 portation modes; and
17 (B) disaggregating the level of access by sur-
18 face transportation modes by a variety of—
19 (i) population categories, which may
20 include—
21 (I) low-income populations;
22 (II) minority populations;
23 (III) age;
24 (IV) disability; and
25 (V) geographical location; or
† HR 3684 EAS
566
1 (ii) freight commodities, which may
2 include—
3 (I) agricultural commodities;
4 (II) raw materials;
5 (III) finished products; and
6 (IV) energy commodities; and
7 (2) to assess the change in accessibility that
8 would result from new transportation investments.
9 (d) ELIGIBLE ENTITIES.—An entity eligible to partici-
10 pate in the pilot program is—
11 (1) a State;
12 (2) a metropolitan planning organization; or
13 (3) a regional transportation planning organiza-
14 tion.
15 (e) APPLICATION.—To be eligible to participate in the
16 pilot program, an eligible entity shall submit to the Sec-
17 retary an application at such time, in such manner, and
18 containing such information as the Secretary may require,
19 including information relating to—
20 (1) previous experience of the eligible entity
21 measuring transportation access or other performance
22 management experience, if applicable;
23 (2) the types of important destinations to which
24 the eligible entity intends to measure access;
† HR 3684 EAS
567
1 (3) the types of data disaggregation the eligible
2 entity intends to pursue;
3 (4) a general description of the methodology the
4 eligible entity intends to apply; and
5 (5) if the applicant does not intend the pilot pro-
6 gram to apply to the full area under the jurisdiction
7 of the applicant, a description of the geographic area
8 in which the applicant intends the pilot program to
9 apply.
10 (f) SELECTION.—
11 (1) IN GENERAL.—The Secretary shall seek to
12 achieve diversity of participants in the pilot program
13 by selecting a range of eligible entities that shall in-
14 clude—
15 (A) States;
16 (B) metropolitan planning organizations
17 that serve an area with a population of 200,000
18 people or fewer;
19 (C) metropolitan planning organizations
20 that serve an area with a population of over
21 200,000 people; and
22 (D) regional transportation planning orga-
23 nizations.
† HR 3684 EAS
568
1 (2) INCLUSIONS.—The Secretary shall seek to en-
2 sure that, among the eligible entities selected under
3 paragraph (1), there is—
4 (A) a range of capacity and previous expe-
5 rience with measuring transportation access; and
6 (B) a variety of proposed methodologies and
7 focus areas for measuring level of access.
8 (g) DUTIES.—For each eligible entity participating in
9 the pilot program, the Secretary shall—
10 (1) develop or acquire an accessibility data set
11 described in subsection (c); and
12 (2) submit the data set to the eligible entity.
13 (h) METHODOLOGY.—In calculating the measures for
14 the data set under the pilot program, the Secretary shall
15 ensure that methodology is open source.
16 (i) AVAILABILITY.—The Secretary shall make an acces-
17 sibility data set under the pilot program available to—
18 (1) units of local government within the jurisdic-
19 tion of the eligible entity participating in the pilot
20 program; and
21 (2) researchers.
22 (j) REPORT.—Not later than 2 years after the date of
23 enactment of this Act, and every 2 years thereafter, the Sec-
24 retary shall submit to the Committee on Environment and
25 Public Works of the Senate and the Committee on Transpor-
† HR 3684 EAS
569
1 tation and Infrastructure of the House of Representatives
2 a report on the results of the pilot program, including the
3 feasibility of developing and providing periodic accessi-
4 bility data sets for all States, regions, and localities.
5 (k) TRANSPORTATION SYSTEM ACCESS.—
6 (1) IN GENERAL.—The Secretary shall establish
7 consistent measures that States, metropolitan plan-
8 ning organizations, and regional transportation plan-
9 ning organizations may choose to adopt to assess the
10 level of safe and convenient access by surface trans-
11 portation modes to important destinations as de-
12 scribed in subsection (c)(1)(A).
13 (2) SAVINGS PROVISION.—Nothing in this section
14 provides the Secretary the authority—
15 (A) to establish a performance measure or
16 require States or metropolitan planning organi-
17 zations to set a performance target for access as
18 described in paragraph (1); or
19 (B) to establish any other Federal require-
20 ment.
21 (l) FUNDING.—The Secretary shall carry out the pilot
22 program using amounts made available to the Secretary for
23 administrative expenses to carry out programs under the
24 authority of the Secretary.
† HR 3684 EAS
570
1 (m) SUNSET.—The pilot program shall terminate on
2 the date that is 8 years after the date on which the pilot
3 program is implemented.
4 TITLE IV—INDIAN AFFAIRS
5 SEC. 14001. DEFINITION OF SECRETARY.
9 AL TRANSPORTATION FACILITIES.
† HR 3684 EAS
571
1 of another Federal agency responsible for a decision
2 related to a tribal transportation safety project shall
3 complete any approval or decision for the review of
4 the tribal transportation safety project required under
5 the National Environmental Policy Act of 1969 (42
6 U.S.C. 4321 et seq.) or any other applicable Federal
7 law on an expeditious basis using the shortest existing
8 applicable process.
9 (2) REVIEW OF APPLICATIONS.—Not later than
10 45 days after the date of receipt of a complete appli-
11 cation by an Indian tribe for approval of a tribal
12 transportation safety project, the Secretary or the
13 Secretary of Transportation, as applicable, shall—
14 (A) take final action on the application; or
15 (B) provide the Indian tribe a schedule for
16 completion of the review described in paragraph
17 (1), including the identification of any other
18 Federal agency that has jurisdiction with respect
19 to the project.
20 (3) DECISIONS UNDER OTHER FEDERAL LAWS.—
† HR 3684 EAS
572
1 applicable, has made all decisions of the lead agency
2 under the National Environmental Policy Act of 1969
3 (42 U.S.C. 4321 et seq.) with respect to the project,
4 the head of the Federal agency responsible for the de-
5 cision shall—
6 (A) make the applicable decision; or
7 (B) provide the Indian tribe a schedule for
8 making the decision.
9 (4) EXTENSIONS.—The Secretary or the Sec-
10 retary of Transportation, as applicable, or the head
11 of the Federal agency may extend the period under
12 paragraph (2) or (3), as applicable, by an additional
13 30 days by providing the Indian tribe notice of the
14 extension, including a statement of the need for the
15 extension.
16 (5) NOTIFICATION AND EXPLANATION.—In any
17 case in which a required action is not completed by
18 the deadline under paragraph (2), (3), or (4), as ap-
19 plicable, the Secretary, the Secretary of Transpor-
20 tation, or the head of a Federal agency, as applicable,
21 shall—
22 (A) notify the Committees on Indian Affairs
23 and Environment and Public Works of the Sen-
24 ate and the Committee on Natural Resources of
† HR 3684 EAS
573
1 the House of Representatives of the failure to
2 comply with the deadline; and
3 (B) provide to the Committees described in
4 subparagraph (A) a detailed explanation of the
5 reasons for the failure to comply with the dead-
6 line.
7 SEC. 14003. PROGRAMMATIC AGREEMENTS FOR TRIBAL
8 CATEGORICAL EXCLUSIONS.
† HR 3684 EAS
574
1 (A) require that the Indian tribe maintain
2 adequate capability in terms of personnel and
3 other resources to carry out applicable agency re-
4 sponsibilities pursuant to section 1507.2 of title
5 40, Code of Federal Regulations (or successor
6 regulations);
7 (B) set forth the responsibilities of the In-
8 dian tribe for making categorical exclusion deter-
9 minations, documenting the determinations, and
10 achieving acceptable quality control and quality
11 assurance;
12 (C) allow—
13 (i) the Secretary and the Secretary of
14 Transportation to monitor compliance of
15 the Indian tribe with the terms of the agree-
16 ment; and
17 (ii) the Indian tribe to execute any
18 needed corrective action;
19 (D) contain stipulations for amendments,
20 termination, and public availability of the agree-
21 ment once the agreement has been executed; and
22 (E) have a term of not more than 5 years,
23 with an option for renewal based on a review by
24 the Secretary and the Secretary of Transpor-
25 tation of the performance of the Indian tribe.
† HR 3684 EAS
575
1 SEC. 14004. USE OF CERTAIN TRIBAL TRANSPORTATION
2 FUNDS.
23 NANCE PROGRAM.
7 LAND.
† HR 3684 EAS
577
1 the Secretary of Transportation, shall carry out a study
2 to evaluate—
3 (1) the long-term viability and useful life of ex-
4 isting roads on Indian land;
5 (2) any steps necessary to achieve the goal of ad-
6 dressing the deferred maintenance backlog of existing
7 roads on Indian land;
8 (3) programmatic reforms and performance en-
9 hancements necessary to achieve the goal of restruc-
10 turing and streamlining road maintenance programs
11 on existing or future roads located on Indian land;
12 and
13 (4) recommendations on how to implement ef-
14 forts to coordinate with States, counties, municipali-
15 ties, and other units of local government to maintain
16 roads on Indian land.
17 (c) TRIBAL CONSULTATION AND INPUT.—Before begin-
18 ning the study under subsection (b), the Secretary shall—
19 (1) consult with any Indian tribes that have ju-
20 risdiction over roads eligible for funding under the
21 road maintenance program of the Bureau of Indian
22 Affairs; and
23 (2) solicit and consider the input, comments, and
24 recommendations of the Indian tribes described in
25 paragraph (1).
† HR 3684 EAS
578
1 (d) REPORT.—On completion of the study under sub-
2 section (b), the Secretary, in consultation with the Sec-
3 retary of Transportation, shall submit to the Committees
4 on Indian Affairs and Environment and Public Works of
5 the Senate and the Committees on Natural Resources and
6 Transportation and Infrastructure of the House of Rep-
7 resentatives a report on the results and findings of the
8 study.
9 (e) STATUS REPORT.—Not later than 2 years after the
10 date of enactment of this Act, and not less frequently than
11 every 2 years thereafter, the Secretary, in consultation with
12 the Secretary of Transportation, shall submit to the Com-
13 mittees on Indian Affairs and Environment and Public
14 Works of the Senate and the Committees on Natural Re-
15 sources and Transportation and Infrastructure of the House
16 of Representatives a report that includes a description of—
17 (1) the progress made toward addressing the de-
18 ferred maintenance needs of the roads on Indian land,
19 including a list of projects funded during the fiscal
20 period covered by the report;
21 (2) the outstanding needs of the roads that have
22 been provided funding to address the deferred mainte-
23 nance needs;
24 (3) the remaining needs of any of the projects re-
25 ferred to in paragraph (1);
† HR 3684 EAS
579
1 (4) how the goals described in subsection (b) have
2 been met, including—
3 (A) an identification and assessment of any
4 deficiencies or shortfalls in meeting the goals;
5 and
6 (B) a plan to address the deficiencies or
7 shortfalls in meeting the goals; and
8 (5) any other issues or recommendations pro-
9 vided by an Indian tribe under the consultation and
10 input process under subsection (c) that the Secretary
11 determines to be appropriate.
12 SEC. 14007. MAINTENANCE OF CERTAIN INDIAN RESERVA-
13 TION ROADS.
† HR 3684 EAS
580
1 3 of the Alaska Native Claims Settlement Act (43
2 U.S.C. 1602).
3 (2) ALASKA NATIVE VILLAGE.—The term ‘‘Alaska
4 Native village’’ has the meaning given the term ‘‘Na-
5 tive village’’ in section 3 of the Alaska Native Claims
6 Settlement Act (43 U.S.C. 1602).
7 (3) INDIAN TRIBE.—The term ‘‘Indian tribe’’ has
8 the meaning given the term in section 4 of the Indian
9 Self-Determination and Education Assistance Act (25
10 U.S.C. 5304).
11 (b) BEST PRACTICES, STANDARDIZED CRASH REPORT
12 FORM.—
13 (1) IN GENERAL.—Not later than 1 year after
14 the date of enactment of this Act, the Secretary of
15 Transportation, in consultation with the Secretary,
16 Indian tribes, Alaska Native villages, and State de-
17 partments of transportation shall develop—
18 (A) best practices for the compiling, anal-
19 ysis, and sharing of motor vehicle crash data for
20 crashes occurring on Indian reservations and in
21 Alaska Native communities; and
22 (B) a standardized form for use by Indian
23 tribes and Alaska Native communities to carry
24 out those best practices.
† HR 3684 EAS
581
1 (2) PURPOSE.—The purpose of the best practices
2 and standardized form developed under paragraph
3 (1) shall be to improve the quality and quantity of
4 crash data available to and used by the Federal High-
5 way Administration, State departments of transpor-
6 tation, Indian tribes, and Alaska Native villages.
7 (3) REPORT.—On completion of the development
8 of the best practices and standardized form under
9 paragraph (1), the Secretary of Transportation shall
10 submit to the Committees on Indian Affairs and En-
11 vironment and Public Works of the Senate and the
12 Committees on Natural Resources and Transportation
13 and Infrastructure of the House of Representatives a
14 report describing the best practices and standardized
15 form.
16 (c) USE OF IMARS.—The Director of the Bureau of
17 Indian Affairs shall require all law enforcement offices of
18 the Bureau, for the purpose of reporting motor vehicle crash
19 data for crashes occurring on Indian reservations and in
20 Alaska Native communities—
21 (1) to use the crash report form of the applicable
22 State; and
23 (2) to upload the information on that form to the
24 Incident Management Analysis and Reporting Sys-
25 tem (IMARS) of the Department of the Interior.
† HR 3684 EAS
582
1 (d) TRIBAL TRANSPORTATION PROGRAM SAFETY
2 FUNDING.—Section 202(e)(1) of title 23, United States
3 Code, is amended by striking ‘‘2 percent’’ and inserting ‘‘4
4 percent’’.
5 SEC. 14009. OFFICE OF TRIBAL GOVERNMENT AFFAIRS.
† HR 3684 EAS
583
1 ‘‘(1) ESTABLISHMENT.—There is established in
2 the Department an Office of Tribal Government Af-
3 fairs, under the Assistant Secretary for Tribal Gov-
4 ernment Affairs—
5 ‘‘(A) to oversee the tribal self-governance
6 program under section 207 of title 23;
7 ‘‘(B) to plan, coordinate, and implement
8 policies and programs serving Indian Tribes and
9 Tribal organizations;
10 ‘‘(C) to coordinate Tribal transportation
11 programs and activities in all offices and ad-
12 ministrations of the Department; and
13 ‘‘(D) to be a participant in any negotiated
14 rulemakings relating to, or having an impact on,
15 projects, programs, or funding associated with
16 the Tribal transportation program under section
17 202 of title 23.’’.
18 DIVISION B—SURFACE TRANS-
19 PORTATION INVESTMENT ACT
20 OF 2021
21 SEC. 20001. SHORT TITLE.
25 In this division:
† HR 3684 EAS
584
1 (1) DEPARTMENT.—The term ‘‘Department’’
2 means the Department of Transportation.
3 (2) SECRETARY.—The term ‘‘Secretary’’ means
4 the Secretary of Transportation.
5 TITLE I—MULTIMODAL AND
6 FREIGHT TRANSPORTATION
7 Subtitle A—Multimodal Freight
8 Policy
9 SEC. 21101. OFFICE OF MULTIMODAL FREIGHT INFRA-
† HR 3684 EAS
585
1 ‘‘(c) PURPOSES.—The purposes of the Freight Office
2 shall be—
3 ‘‘(1) to carry out the national multimodal freight
4 policy described in section 70101;
5 ‘‘(2) to administer and oversee certain
6 multimodal freight grant programs within the De-
7 partment in accordance with subsection (d);
8 ‘‘(3) to promote and facilitate the sharing of in-
9 formation between the private and public sectors with
10 respect to freight issues;
11 ‘‘(4) to conduct research on improving
12 multimodal freight mobility, and to oversee the freight
13 research activities of the various agencies within the
14 Department;
15 ‘‘(5) to assist cities and States in developing
16 freight mobility and supply chain expertise;
17 ‘‘(6) to liaise and coordinate with other Federal
18 departments and agencies; and
19 ‘‘(7) to carry out other duties, as prescribed by
20 the Secretary.
21 ‘‘(d) ADMINISTRATION OF POLICIES AND PROGRAMS.—
22 The Freight Office shall—
23 ‘‘(1) develop and manage—
24 ‘‘(A) the national freight strategic plan de-
25 scribed in section 70102; and
† HR 3684 EAS
586
1 ‘‘(B) the National Multimodal Freight Net-
2 work established under section 70103;
3 ‘‘(2)(A) oversee the development and updating of
4 the State freight plans described in section 70202;
5 and
6 ‘‘(B) provide guidance or best practices relating
7 to the development and updating of State freight
8 plans under that section;
9 ‘‘(3)(A) administer multimodal freight grant
10 programs, including multimodal freight grants estab-
11 lished under section 117 of title 23; and
12 ‘‘(B) establish procedures for analyzing and eval-
13 uating applications for grants under those programs;
14 ‘‘(4) assist States in the establishment of—
15 ‘‘(A) State freight advisory committees
16 under section 70201; and
17 ‘‘(B) multi-State freight mobility compacts
18 under section 70204; and
19 ‘‘(5) provide to the Bureau of Transportation
20 Statistics input regarding freight data and planning
21 tools.
22 ‘‘(e) ASSISTANT SECRETARY.—
23 ‘‘(1) IN GENERAL.—The Freight Office shall be
24 headed by an Assistant Secretary for Multimodal
25 Freight, who shall—
† HR 3684 EAS
587
1 ‘‘(A) be appointed by the President, by and
2 with the advice and consent of the Senate; and
3 ‘‘(B) have professional standing and dem-
4 onstrated knowledge in the field of freight trans-
5 portation.
6 ‘‘(2) DUTIES.—The Assistant Secretary shall—
7 ‘‘(A) report to the Under Secretary of
8 Transportation for Policy;
9 ‘‘(B) be responsible for the management and
10 oversight of the activities, decisions, operations,
11 and personnel of the Freight Office;
12 ‘‘(C) work with the modal administrations
13 of the Department to encourage multimodal col-
14 laboration; and
15 ‘‘(D) carry out such additional duties as the
16 Secretary may prescribe.
17 ‘‘(f) CONSOLIDATION AND ELIMINATION OF DUPLICA-
18 TIVE OFFICES.—
19 ‘‘(1) CONSOLIDATION OF OFFICES AND OFFICE
† HR 3684 EAS
588
1 ‘‘(2) ELIMINATION OF OFFICES.—The Secretary
2 may eliminate any office within the Department if
3 the Secretary determines that—
4 ‘‘(A) the purposes of the office are duplica-
5 tive of the purposes of the Freight Office;
6 ‘‘(B) the office or the functions of the office
7 have been substantially consolidated with the
8 Freight Office pursuant to paragraph (1);
9 ‘‘(C) the elimination of the office will not
10 adversely affect the requirements of the Secretary
11 under any Federal law; and
12 ‘‘(D) the elimination of the office will im-
13 prove the efficiency and effectiveness of the pro-
14 grams and functions conducted by the office.
15 ‘‘(g) STAFFING AND BUDGETARY RESOURCES.—
16 ‘‘(1) IN GENERAL.—The Secretary shall ensure
17 that the Freight Office is adequately staffed and fund-
18 ed.
19 ‘‘(2) STAFFING.—
20 ‘‘(A) TRANSFER OF POSITIONS TO FREIGHT
† HR 3684 EAS
589
1 necessary to carry out the purposes of the
2 Freight Office.
3 ‘‘(B) REQUIREMENT.—If the Secretary
4 transfers a position to the Freight Office pursu-
5 ant to subparagraph (A), the Secretary, in co-
6 ordination with the appropriate modal adminis-
7 tration of the Department, shall ensure that the
8 transfer of the position does not adversely affect
9 the requirements of the modal administration
10 under any Federal law.
11 ‘‘(3) BUDGETARY RESOURCES.—
† HR 3684 EAS
590
1 ‘‘(B) TRANSFER OF FUNDS ALLOCATED FOR
2 ADMINISTRATIVE COSTS.—
† HR 3684 EAS
591
1 ‘‘(i) NOTIFICATION TO CONGRESS.—Not later than 1
2 year after the date of enactment of this section, and not
3 less frequently than once every 180 days thereafter until the
4 date on which the Secretary determines that the require-
5 ments of this section have been met, the Secretary shall sub-
6 mit to the Committee on Commerce, Science, and Transpor-
7 tation of the Senate and the Committee on Transportation
8 and Infrastructure of the House of Representatives a notifi-
9 cation that—
10 ‘‘(1) describes—
11 ‘‘(A) the programs and activities adminis-
12 tered or overseen by the Freight Office; and
13 ‘‘(B) the status of those programs and ac-
14 tivities;
15 ‘‘(2) identifies—
16 ‘‘(A) the number of employees working in
17 the Freight Office as of the date of the notifica-
18 tion;
19 ‘‘(B) the total number of employees expected
20 to join the Freight Office to support the pro-
21 grams and activities described in paragraph (1);
22 and
23 ‘‘(C) the total number of positions that, as
24 a result of the consolidation of offices under this
25 section, were—
† HR 3684 EAS
592
1 ‘‘(i) eliminated; or
2 ‘‘(ii) transferred, assigned, or joined to
3 the Freight Office;
4 ‘‘(3)(A) indicates whether the Secretary has con-
5 solidated into the Freight Office any office or office
6 function pursuant to subsection (f)(1); and
7 ‘‘(B) if the Secretary has consolidated such an
8 office or function, describes the rationale for the con-
9 solidation;
10 ‘‘(4)(A) indicates whether the Secretary has
11 eliminated any office pursuant to subsection (f)(2);
12 and
13 ‘‘(B) if the Secretary has eliminated such an of-
14 fice, describes the rationale for the elimination;
15 ‘‘(5) describes any other actions carried out by
16 the Secretary to implement this section; and
17 ‘‘(6) describes any recommendations of the Sec-
18 retary for legislation that may be needed to further
19 implement this section.
20 ‘‘(j) SAVINGS PROVISIONS.—
21 ‘‘(1) EFFECT ON OTHER LAW.—Except as other-
22 wise provided in this section, nothing in this section
23 alters or affects any law (including regulations) with
24 respect to a program referred to in subsection (d).
† HR 3684 EAS
593
1 ‘‘(2) EFFECT ON RESPONSIBILITIES OF OTHER
† HR 3684 EAS
594
1 (1) conduct a review of the activities carried out
2 by the Secretary pursuant to section 118 of title 49,
3 United States Code; and
4 (2) develop recommendations regarding addi-
5 tional activities—
6 (A) to improve the consolidation of duplica-
7 tive functions within the Department; and
8 (B) to promote increased staff efficiency for
9 program management within the Department.
10 (c) CLERICAL AMENDMENT.—The analysis for chapter
11 1 of title 49, United States Code, is amended by inserting
12 after the item relating to section 117 the following:
‘‘118. Office of Multimodal Freight Infrastructure and Policy.’’.
† HR 3684 EAS
596
1 ‘‘DESIGNATION OF NATIONAL MULTIMODAL
2 FREIGHT NETWORK’’;
3 (ii) in paragraph (1), in the matter
4 preceding subparagraph (A), by striking
5 ‘‘Not later’’ and all that follows through
6 ‘‘Under Secretary’’ and inserting ‘‘The As-
7 sistant Secretary’’;
8 (iii) in paragraph (2), in the matter
9 preceding subparagraph (A), by striking
10 ‘‘Under Secretary’’ and inserting ‘‘Assistant
11 Secretary’’; and
12 (iv) in paragraph (3), in the matter
13 preceding subparagraph (A), by striking
14 ‘‘Under Secretary’’ and inserting ‘‘Assistant
15 Secretary’’; and
16 (E) in subsection (c) (as so redesignated)—
17 (i) by striking ‘‘subsection (c)’’ each
18 place it appears and inserting ‘‘subsection
19 (b)’’; and
20 (ii) by striking ‘‘Under Secretary’’ and
21 inserting ‘‘Assistant Secretary’’.
22 (4) Section 116(d)(1) of title 49, United States
23 Code, is amended by striking subparagraph (D).
† HR 3684 EAS
597
1 SEC. 21102. UPDATES TO NATIONAL FREIGHT PLAN.
† HR 3684 EAS
598
1 ‘‘(16) strategies for decarbonizing freight move-
2 ment, as appropriate; and
3 ‘‘(17) consideration of the impacts of e-commerce
4 on the national multimodal freight system.’’.
5 SEC. 21103. STATE COLLABORATION WITH NATIONAL
† HR 3684 EAS
599
1 SEC. 21104. IMPROVING STATE FREIGHT PLANS.
† HR 3684 EAS
600
1 ‘‘(A) the severity of impacts of extreme
2 weather and natural disasters on freight mobil-
3 ity;
4 ‘‘(B) the impacts of freight movement on
5 local air pollution;
6 ‘‘(C) the impacts of freight movement on
7 flooding and stormwater runoff; and
8 ‘‘(D) the impacts of freight movement on
9 wildlife habitat loss; and’’; and
10 (2) by adding at the end the following:
11 ‘‘(f) COMMERCIAL MOTOR VEHICLE PARKING FACILI-
12 TIES ASSESSMENTS.—As part of the development or updat-
13 ing, as applicable, of a State freight plan under this section,
14 each State that receives funding under section 167 of title
15 23, in consultation with relevant State motor carrier safety
16 personnel, shall conduct an assessment of—
17 ‘‘(1) the capability of the State, together with the
18 private sector in the State, to provide adequate park-
19 ing facilities and rest facilities for commercial motor
20 vehicles engaged in interstate transportation;
21 ‘‘(2) the volume of commercial motor vehicle traf-
22 fic in the State; and
23 ‘‘(3) whether there exist any areas within the
24 State with a shortage of adequate commercial motor
25 vehicle parking facilities, including an analysis (eco-
† HR 3684 EAS
601
1 nomic or otherwise, as the State determines to be ap-
2 propriate) of the underlying causes of such a shortage.
3 ‘‘(g) PRIORITY.—Each State freight plan under this
4 section shall include a requirement that the State, in car-
5 rying out activities under the State freight plan—
6 ‘‘(1) enhance reliability or redundancy of freight
7 transportation; or
8 ‘‘(2) incorporate the ability to rapidly restore ac-
9 cess and reliability with respect to freight transpor-
10 tation.
11 ‘‘(h) APPROVAL.—
12 ‘‘(1) IN GENERAL.—The Secretary of Transpor-
13 tation shall approve a State freight plan described in
14 subsection (a) if the plan achieves compliance with
15 the requirements of this section.
16 ‘‘(2) SAVINGS PROVISION.—Nothing in this sub-
17 section establishes new procedural requirements for
18 the approval of a State freight plan described in sub-
19 section (a).’’.
20 (b) STUDIES.—For the purpose of facilitating the inte-
21 gration of intelligent transportation systems into the freight
22 transportation network powered by electricity, the Sec-
23 retary, acting through the Assistant Secretary for
24 Multimodal Freight, shall conduct a study relating to—
† HR 3684 EAS
602
1 (1) preparing to supply power to applicable elec-
2 trical freight infrastructure; and
3 (2) safely integrating freight into intelligent
4 transportation systems.
5 (c) ALIGNMENT OF TRANSPORTATION PLANNING.—
6 Section 70202 of title 49, United States Code, is amended—
7 (1) in subsection (d), by striking ‘‘5-year’’ and
8 inserting ‘‘8-year’’; and
9 (2) in subsection (e)(1), by striking ‘‘5 years’’
10 and inserting ‘‘4 years’’.
11 SEC. 21105. IMPLEMENTATION OF NATIONAL MULTIMODAL
12 FREIGHT NETWORK.
† HR 3684 EAS
603
1 SEC. 21106. MULTI-STATE FREIGHT CORRIDOR PLANNING.
† HR 3684 EAS
605
1 ‘‘(F) third-party logistics providers;
2 ‘‘(G) the freight industry workforce;
3 ‘‘(H) environmental organizations;
4 ‘‘(I) community organizations; and
5 ‘‘(J) units of local government.
6 ‘‘(2) ACTIVITIES.—An advisory committee estab-
7 lished under paragraph (1) may—
8 ‘‘(A) advise the parties to the applicable
9 multi-State freight compact with respect to
10 freight-related priorities, issues, projects, and
11 funding needs that impact multi-State—
12 ‘‘(i) freight mobility; and
13 ‘‘(ii) supply chains;
14 ‘‘(B) serve as a forum for States, Indian
15 Tribes, and other public entities to discuss deci-
16 sions affecting freight mobility;
17 ‘‘(C) communicate and coordinate multi-
18 State freight priorities with other organizations;
19 ‘‘(D) promote the sharing of information be-
20 tween the private and public sectors with respect
21 to freight issues; and
22 ‘‘(E) provide information for consideration
23 in the development of State freight plans under
24 section 70202.
25 ‘‘(d) GRANTS.—
† HR 3684 EAS
606
1 ‘‘(1) ESTABLISHMENT.—The Secretary of Trans-
2 portation (referred to in this section as the ‘Sec-
3 retary’) shall establish a program under which the
4 Secretary shall provide grants to multi-State freight
5 compacts, or States seeking to form a multi-State
6 freight compact, that seek to improve a route or cor-
7 ridor that is a part of the National Multimodal
8 Freight Network established under section 70103.
9 ‘‘(2) NEW COMPACTS.—
† HR 3684 EAS
607
1 shall be eligible for a grant under this para-
2 graph only during the initial 2 years of op-
3 eration of the compact.
4 ‘‘(ii) STATES SEEKING TO FORM A
† HR 3684 EAS
608
1 containing such information as the Sec-
2 retary may require;
3 ‘‘(ii) provide a non-Federal match
4 equal to not less than 25 percent of the op-
5 erating costs of the multi-State freight com-
6 pact; and
7 ‘‘(iii) commit to establishing a multi-
8 State freight corridor advisory committee
9 under subsection (c)(1) during the initial 2-
10 year period of operation of the compact.
11 ‘‘(3) EXISTING COMPACTS.—
† HR 3684 EAS
609
1 ‘‘(ii) provide a non-Federal match of
2 not less than 50 percent of the operating
3 costs of the compact; and
4 ‘‘(iii) demonstrate that the compact
5 has established a multi-State freight cor-
6 ridor advisory committee under subsection
7 (c)(1).
8 ‘‘(4) AUTHORIZATION OF APPROPRIATIONS.—
† HR 3684 EAS
610
1 ‘‘(3) shippers;
2 ‘‘(4) carriers;
3 ‘‘(5) freight-related associations;
4 ‘‘(6) third-party logistics providers;
5 ‘‘(7) the freight industry workforce;
6 ‘‘(8) the transportation department of the State;
7 ‘‘(9) metropolitan planning organizations;
8 ‘‘(10) local governments;
9 ‘‘(11) the environmental protection department
10 of the State, if applicable;
11 ‘‘(12) the air resources board of the State, if ap-
12 plicable;
13 ‘‘(13) economic development agencies of the
14 State; and
15 ‘‘(14) not-for-profit organizations or community
16 organizations.’’;
17 (2) in subsection (b)(5), by striking ‘‘70202.’’
18 and inserting ‘‘70202, including by providing advice
19 regarding the development of the freight investment
20 plan.’’;
21 (3) by redesignating subsection (b) as subsection
22 (c); and
23 (4) by inserting after subsection (a) the fol-
24 lowing:
† HR 3684 EAS
611
1 ‘‘(b) QUALIFICATIONS.—Each member of a freight ad-
2 visory committee established under subsection (a) shall have
3 qualifications sufficient to serve on a freight advisory com-
4 mittee, including, as applicable—
5 ‘‘(1) general business and financial experience;
6 ‘‘(2) experience or qualifications in the areas of
7 freight transportation and logistics;
8 ‘‘(3) experience in transportation planning;
9 ‘‘(4) experience representing employees of the
10 freight industry;
11 ‘‘(5) experience representing a State, local gov-
12 ernment, or metropolitan planning organization; or
13 ‘‘(6) experience representing the views of a com-
14 munity group or not-for-profit organization.’’.
15 Subtitle B—Multimodal Investment
16 SEC. 21201. NATIONAL INFRASTRUCTURE PROJECT ASSIST-
17 ANCE.
† HR 3684 EAS
612
1 ‘‘(1) DEPARTMENT.—The term ‘Department’
2 means the Department of Transportation.
3 ‘‘(2) ELIGIBLE ENTITY.—The term ‘eligible enti-
4 ty’ means—
5 ‘‘(A) a State or a group of States;
6 ‘‘(B) a metropolitan planning organization;
7 ‘‘(C) a unit of local government;
8 ‘‘(D) a political subdivision of a State;
9 ‘‘(E) a special purpose district or public
10 authority with a transportation function, includ-
11 ing a port authority;
12 ‘‘(F) a Tribal government or a consortium
13 of Tribal governments;
14 ‘‘(G) a partnership between Amtrak and 1
15 or more entities described in subparagraphs (A)
16 through (F); and
17 ‘‘(H) a group of entities described in any of
18 subparagraphs (A) through (G).
19 ‘‘(3) PROGRAM.—The term ‘program’ means the
20 program established by subsection (b).
21 ‘‘(4) SECRETARY.—The term ‘Secretary’ means
22 the Secretary of Transportation.
23 ‘‘(5) STATE.—The term ‘State’ means—
24 ‘‘(A) any of the several States;
25 ‘‘(B) the District of Columbia;
† HR 3684 EAS
613
1 ‘‘(C) the Commonwealth of Puerto Rico;
2 ‘‘(D) the Commonwealth of the Northern
3 Mariana Islands;
4 ‘‘(E) the United States Virgin Islands;
5 ‘‘(F) Guam;
6 ‘‘(G) American Samoa; and
7 ‘‘(H) any other territory or possession of the
8 United States.
9 ‘‘(b) ESTABLISHMENT.—There is established a pro-
10 gram under which the Secretary shall provide to eligible
11 entities grants, on a competitive basis pursuant to single-
12 year or multiyear grant agreements, for projects described
13 in subsection (d).
14 ‘‘(c) APPLICATIONS.—
15 ‘‘(1) IN GENERAL.—To be eligible for a grant
16 under the program, an eligible entity shall submit to
17 the Secretary an application at such time, in such
18 manner, and containing such information as the Sec-
19 retary determines to be appropriate.
20 ‘‘(2) PLAN FOR DATA COLLECTION.—An applica-
21 tion under paragraph (1) shall include a plan for
22 data collection and analysis described in subsection
23 (g).
24 ‘‘(d) ELIGIBLE PROJECTS.—The Secretary may pro-
25 vide a grant under the program only for a project—
† HR 3684 EAS
614
1 ‘‘(1) that is—
2 ‘‘(A) a highway or bridge project carried
3 out on—
4 ‘‘(i) the National Multimodal Freight
5 Network established under section 70103;
6 ‘‘(ii) the National Highway Freight
7 Network established under section 167 of
8 title 23; or
9 ‘‘(iii) the National Highway System
10 (as defined in section 101(a) of title 23);
11 ‘‘(B) a freight intermodal (including public
12 ports) or freight rail project that provides a pub-
13 lic benefit;
14 ‘‘(C) a railway-highway grade separation
15 or elimination project;
16 ‘‘(D) an intercity passenger rail project;
17 ‘‘(E) a public transportation project that
18 is—
19 ‘‘(i) eligible for assistance under chap-
20 ter 53; and
21 ‘‘(ii) part of a project described in any
22 of subparagraphs (A) through (D); or
23 ‘‘(F) a grouping, combination, or program
24 of interrelated, connected, or dependent projects
† HR 3684 EAS
615
1 of any of the projects described in subparagraphs
2 (A) through (E); and
3 ‘‘(2) the eligible project costs of which are—
4 ‘‘(A) reasonably anticipated to equal or ex-
5 ceed $500,000,000; or
6 ‘‘(B) for any project funded by the set-aside
7 under subsection (m)(2)—
8 ‘‘(i) more than $100,000,000; but
9 ‘‘(ii) less than $500,000,000.
10 ‘‘(e) GEOGRAPHICAL DISTRIBUTION.—In providing
11 grants under this section, the Secretary shall ensure among
12 grant recipients—
13 ‘‘(1) geographical diversity; and
14 ‘‘(2) a balance between rural and urban commu-
15 nities.
16 ‘‘(f) PROJECT EVALUATION AND SELECTION.—
17 ‘‘(1) REQUIREMENTS.—The Secretary may select
18 a project described in subsection (d) to receive a grant
19 under the program only if the Secretary determines
20 that—
21 ‘‘(A) the project is likely to generate na-
22 tional or regional economic, mobility, or safety
23 benefits;
24 ‘‘(B) the project is in need of significant
25 Federal funding;
† HR 3684 EAS
616
1 ‘‘(C) the project will be cost-effective;
2 ‘‘(D) with respect to related non-Federal fi-
3 nancial commitments, 1 or more stable and de-
4 pendable sources of funding and financing are
5 available—
6 ‘‘(i) to construct, operate, and main-
7 tain the project; and
8 ‘‘(ii) to cover cost increases; and
9 ‘‘(E) the applicant has, or will have, suffi-
10 cient legal, financial, and technical capacity to
11 carry out the project.
12 ‘‘(2) EVALUATION CRITERIA.—In awarding a
13 grant under the program, the Secretary shall evalu-
14 ate—
15 ‘‘(A) the extent to which a project supports
16 achieving a state of good repair for each existing
17 asset to be improved by the project;
18 ‘‘(B) the level of benefits a project is ex-
19 pected to generate, including—
20 ‘‘(i) the costs avoided by the prevention
21 of closure or reduced use of the asset to be
22 improved by the project;
23 ‘‘(ii) reductions in maintenance costs
24 over the life of the applicable asset;
† HR 3684 EAS
617
1 ‘‘(iii) safety benefits, including the re-
2 duction of serious injuries and fatalities
3 and related costs;
4 ‘‘(iv) improved person or freight
5 throughput, including improved mobility
6 and reliability; and
7 ‘‘(v) environmental benefits and health
8 impacts, such as—
9 ‘‘(I) reductions in greenhouse gas
10 emissions;
11 ‘‘(II) air quality benefits;
12 ‘‘(III) preventing stormwater run-
13 off that would be a detriment to aquat-
14 ic species; and
15 ‘‘(IV) improved infrastructure re-
16 silience;
17 ‘‘(C) the benefits of the project, as compared
18 to the costs of the project;
19 ‘‘(D) the number of persons or volume of
20 freight, as applicable, supported by the project;
21 and
22 ‘‘(E) national and regional economic bene-
23 fits of the project, including with respect to
24 short- and long-term job access, growth, or cre-
25 ation.
† HR 3684 EAS
618
1 ‘‘(3) ADDITIONAL CONSIDERATIONS.—In selecting
2 projects to receive grants under the program, the Sec-
3 retary shall take into consideration—
4 ‘‘(A) contributions to geographical diversity
5 among grant recipients, including a balance be-
6 tween the needs of rural and urban communities;
7 ‘‘(B) whether multiple States would benefit
8 from a project;
9 ‘‘(C) whether, and the degree to which, a
10 project uses—
11 ‘‘(i) construction materials or ap-
12 proaches that have—
13 ‘‘(I) demonstrated reductions in
14 greenhouse gas emissions; or
15 ‘‘(II) reduced the need for mainte-
16 nance of other projects; or
17 ‘‘(ii) technologies that will allow for fu-
18 ture connectivity and automation;
19 ‘‘(D) whether a project would benefit—
20 ‘‘(i) a historically disadvantaged com-
21 munity or population; or
22 ‘‘(ii) an area of persistent poverty;
23 ‘‘(E) whether a project benefits users of mul-
24 tiple modes of transportation, including—
25 ‘‘(i) pedestrians;
† HR 3684 EAS
619
1 ‘‘(ii) bicyclists; and
2 ‘‘(iii) users of nonvehicular rail and
3 public transportation, including intercity
4 and commuter rail; and
5 ‘‘(F) whether a project improves
6 connectivity between modes of transportation
7 moving persons or goods nationally or region-
8 ally.
9 ‘‘(4) RATINGS.—
10 ‘‘(A) IN GENERAL.—In evaluating applica-
11 tions for a grant under the program, the Sec-
12 retary shall assign the project proposed in the
13 application a rating described in subparagraph
14 (B), based on the information contained in the
15 applicable notice published under paragraph (5).
16 ‘‘(B) RATINGS.—
17 ‘‘(i) HIGHLY RECOMMENDED.—The
† HR 3684 EAS
620
1 subsection, if funded under the pro-
2 gram.
3 ‘‘(ii) RECOMMENDED.—The Secretary
4 shall assign a rating of ‘recommended’ to
5 projects that, in the determination of the
6 Secretary—
7 ‘‘(I) are of national or regional
8 significance; and
9 ‘‘(II) would provide public benefit,
10 as determined based on the applicable
11 criteria described in this subsection, if
12 funded under the program.
13 ‘‘(iii) NOT RECOMMENDED.—The Sec-
14 retary shall assign a rating of ‘not rec-
15 ommended’ to projects that, in the deter-
16 mination of the Secretary, should not re-
17 ceive a grant under the program, based on
18 the applicable criteria described in this sub-
19 section.
20 ‘‘(C) TECHNICAL ASSISTANCE.—
† HR 3684 EAS
621
1 gible entity technical assistance and brief-
2 ings relating to the project.
3 ‘‘(ii) TREATMENT.—Technical assist-
4 ance provided under this subparagraph
5 shall not be considered a guarantee of future
6 selection of the applicable project under the
7 program.
8 ‘‘(5) PUBLICATION OF PROJECT EVALUATION AND
† HR 3684 EAS
622
1 overall rating for the project under paragraph
2 (4).
3 ‘‘(6) PROJECT SELECTION PRIORITY.—In award-
4 ing grants under the program, the Secretary shall
5 give priority to projects to which the Secretary has
6 assigned a rating of ‘highly recommended’ under
7 paragraph (4)(B)(i).
8 ‘‘(g) DATA COLLECTION AND ANALYSIS.—
9 ‘‘(1) PLAN.—
10 ‘‘(A) IN GENERAL.—An eligible entity seek-
11 ing a grant under the program shall submit to
12 the Secretary, together with the grant applica-
13 tion, a plan for the collection and analysis of
14 data to identify in accordance with the frame-
15 work established under paragraph (2)—
16 ‘‘(i) the impacts of the project; and
17 ‘‘(ii) the accuracy of any forecast pre-
18 pared during the development phase of the
19 project and included in the grant applica-
20 tion.
21 ‘‘(B) CONTENTS.—A plan under subpara-
22 graph (A) shall include—
23 ‘‘(i) an approach to measuring—
24 ‘‘(I) the criteria described in sub-
25 section (f)(2); and
† HR 3684 EAS
623
1 ‘‘(II) if applicable, the additional
2 requirements described in subsection
3 (f)(3);
4 ‘‘(ii) an approach for analyzing the
5 consistency of predicted project characteris-
6 tics with actual outcomes; and
7 ‘‘(iii) any other elements that the Sec-
8 retary determines to be necessary.
9 ‘‘(2) FRAMEWORK.—The Secretary may publish
10 a standardized framework for the contents of the
11 plans under paragraph (1), which may include, as
12 appropriate—
13 ‘‘(A) standardized forecasting and measure-
14 ment approaches;
15 ‘‘(B) data storage system requirements; and
16 ‘‘(C) any other requirements the Secretary
17 determines to be necessary to carry out this sec-
18 tion.
19 ‘‘(3) MULTIYEAR GRANT AGREEMENTS.—The
† HR 3684 EAS
624
1 in accordance with a plan described in paragraph
2 (1).
3 ‘‘(4) REPORTS.—
4 ‘‘(A) PROJECT BASELINE.—Before the date
5 of completion of a project for which a grant is
6 provided under the program, the eligible entity
7 carrying out the project shall submit to the Sec-
8 retary a report providing baseline data for the
9 purpose of analyzing the long-term impact of the
10 project in accordance with the framework estab-
11 lished under paragraph (2).
12 ‘‘(B) UPDATED REPORT.—Not later than 6
13 years after the date of completion of a project for
14 which a grant is provided under the program,
15 the eligible entity carrying out the project shall
16 submit to the Secretary a report that compares
17 the baseline data included in the report under
18 subparagraph (A) to project data collected dur-
19 ing the period—
20 ‘‘(i) beginning on the date that is 5
21 years after the date of completion of the
22 project; and
23 ‘‘(ii) ending on the date on which the
24 updated report is submitted.
25 ‘‘(h) ELIGIBLE PROJECT COSTS.—
† HR 3684 EAS
625
1 ‘‘(1) IN GENERAL.—An eligible entity may use a
2 grant provided under the program for—
3 ‘‘(A) development-phase activities and costs,
4 including planning, feasibility analysis, revenue
5 forecasting, alternatives analysis, data collection
6 and analysis, environmental review and activi-
7 ties to support environmental review, prelimi-
8 nary engineering and design work, and other
9 preconstruction activities, including the prepara-
10 tion of a data collection and post-construction
11 analysis plan under subsection (g); and
12 ‘‘(B) construction, reconstruction, rehabili-
13 tation, acquisition of real property (including
14 land relating to the project and improvements to
15 that land), environmental mitigation (including
16 projects to replace or rehabilitate culverts or re-
17 duce stormwater runoff for the purpose of im-
18 proving habitat for aquatic species), construction
19 contingencies, acquisition of equipment, protec-
20 tion, and operational improvements directly re-
21 lating to the project.
22 ‘‘(2) INTEREST AND OTHER FINANCING COSTS.—
† HR 3684 EAS
626
1 sidered to be an eligible project cost only if the appli-
2 cable eligible entity certifies to the Secretary that the
3 eligible entity has demonstrated reasonable diligence
4 in seeking the most favorable financing terms.
5 ‘‘(i) COST SHARING.—
6 ‘‘(1) IN GENERAL.—The total amount awarded
7 for a project under the program may not exceed 60
8 percent of the total eligible project costs described in
9 subsection (h).
10 ‘‘(2) MAXIMUM FEDERAL INVOLVEMENT.—
† HR 3684 EAS
627
1 ‘‘(3) APPLICATION TO MULTIYEAR AGREE-
† HR 3684 EAS
628
1 riod extends beyond the period of an authoriza-
2 tion; and
3 ‘‘(E) facilitate timely and efficient manage-
4 ment of the applicable project by the eligible en-
5 tity carrying out the project, in accordance with
6 applicable law.
7 ‘‘(3) SPECIAL RULES.—
† HR 3684 EAS
629
1 ment-phase activities described in subsection
2 (h)(1)(A).
3 ‘‘(B) CONTINGENT COMMITMENT.—A contin-
4 gent commitment under this paragraph is not an
5 obligation of the Federal Government, including
6 for purposes of section 1501 of title 31.
7 ‘‘(4) SINGLE-YEAR GRANTS.—The Secretary may
8 only provide to an eligible entity a full grant under
9 the program in a single year if all reviews required
10 under the National Environmental Policy Act of 1969
11 (42 U.S.C. 4321 et seq.) with respect to the applicable
12 project have been completed before the receipt of any
13 program funds.
14 ‘‘(k) CONGRESSIONAL NOTIFICATION.—
15 ‘‘(1) IN GENERAL.—Not later than 30 days be-
16 fore the date on which the Secretary publishes the se-
17 lection of projects to receive grants under the pro-
18 gram, the Secretary shall submit to the Committee on
19 Commerce, Science, and Transportation of the Senate
20 and the Committee on Transportation and Infrastruc-
21 ture of the House of Representatives a written notice
22 that includes—
23 ‘‘(A) a list of all project applications re-
24 viewed by the Secretary as part of the selection
25 process;
† HR 3684 EAS
630
1 ‘‘(B) the rating assigned to each project
2 under subsection (f)(4);
3 ‘‘(C) an evaluation and justification with
4 respect to each project for which the Secretary
5 will—
6 ‘‘(i) provide a grant under the pro-
7 gram; and
8 ‘‘(ii) enter into a multiyear grant
9 agreement under the program;
10 ‘‘(D) a description of the means by which
11 the Secretary anticipates allocating among se-
12 lected projects the amounts made available to the
13 Secretary to carry out the program; and
14 ‘‘(E) anticipated funding levels required for
15 the 3 fiscal years beginning after the date of sub-
16 mission of the notice for projects selected for
17 grants under the program, based on information
18 available to the Secretary as of that date.
19 ‘‘(2) CONGRESSIONAL DISAPPROVAL.—The Sec-
20 retary may not provide a grant or any other obliga-
21 tion or commitment to fund a project under the pro-
22 gram if a joint resolution is enacted disapproving
23 funding for the project before the last day of the 30-
24 day period described in paragraph (1).
25 ‘‘(l) REPORTS.—
† HR 3684 EAS
631
1 ‘‘(1) TRANSPARENCY.—Not later than 60 days
2 after the date on which the grants are announced
3 under the program, the Secretary shall publish on the
4 website of the Department a report that includes—
5 ‘‘(A) a list of all project applications re-
6 viewed by the Secretary as part of the selection
7 process under the program;
8 ‘‘(B) the rating assigned to each project
9 under subsection (f)(4); and
10 ‘‘(C) a description of each project for which
11 a grant has been provided under the program.
12 ‘‘(2) COMPTROLLER GENERAL.—
† HR 3684 EAS
632
1 of Representatives a report that describes, as ap-
2 plicable—
3 ‘‘(i) the adequacy and fairness of the
4 process by which the projects were selected;
5 and
6 ‘‘(ii) the justification and criteria used
7 for the selection of the projects.
8 ‘‘(m) AUTHORIZATION OF APPROPRIATIONS.—
9 ‘‘(1) IN GENERAL.—There is authorized to be ap-
10 propriated to the Secretary to carry out the program
11 $2,000,000,000 for each of fiscal years 2022 through
12 2026.
13 ‘‘(2) OTHER PROJECTS.—Of the amounts made
14 available under paragraph (1), 50 percent shall be set
15 aside for projects that have a project cost of—
16 ‘‘(A) more than $100,000,000; but
17 ‘‘(B) less than $500,000,000.
18 ‘‘(3) ADMINISTRATIVE EXPENSES.—Of the
19 amounts made available to carry out the program for
20 each fiscal year, the Secretary may reserve not more
21 than 2 percent for the costs of—
22 ‘‘(A) administering and overseeing the pro-
23 gram; and
† HR 3684 EAS
633
1 ‘‘(B) hiring personnel for the program, in-
2 cluding personnel dedicated to processing permit-
3 ting and environmental review issues.
4 ‘‘(4) TRANSFER OF AUTHORITY.—The Secretary
5 may transfer any portion of the amounts reserved
6 under paragraph (3) for a fiscal year to the Adminis-
7 trator of any of the Federal Highway Administration,
8 the Federal Transit Administration, the Federal Rail-
9 road Administration, or the Maritime Administration
10 to award and oversee grants in accordance with this
11 section.
12 ‘‘(n) ADDITIONAL REQUIREMENTS.—
13 ‘‘(1) IN GENERAL.—Each project that receives a
14 grant under this chapter shall achieve compliance
15 with the applicable requirements of—
16 ‘‘(A) subchapter IV of chapter 31 of title 40;
17 ‘‘(B) title VI of the Civil Rights Act of 1964
18 (42 U.S.C. 2000d et seq.); and
19 ‘‘(C) the National Environmental Policy
20 Act of 1969 (42 U.S.C. 4321 et seq.).
21 ‘‘(2) MODAL REQUIREMENTS.—The Secretary
22 shall, with respect to a project funded by a grant
23 under this section, apply—
24 ‘‘(A) the requirements of title 23 to a high-
25 way, road, or bridge project;
† HR 3684 EAS
634
1 ‘‘(B) the requirements of chapter 53 to a
2 transit project; and
3 ‘‘(C) the requirements of section 22905 to a
4 rail project.
5 ‘‘(3) MULTIMODAL PROJECTS.—
† HR 3684 EAS
635
1 SEC. 21202. LOCAL AND REGIONAL PROJECT ASSISTANCE.
† HR 3684 EAS
636
1 ‘‘(2) ELIGIBLE ENTITY.—The term ‘eligible enti-
2 ty’ means—
3 ‘‘(A) a State;
4 ‘‘(B) the District of Columbia;
5 ‘‘(C) any territory or possession of the
6 United States;
7 ‘‘(D) a unit of local government;
8 ‘‘(E) a public agency or publicly chartered
9 authority established by 1 or more States;
10 ‘‘(F) a special purpose district or public au-
11 thority with a transportation function, including
12 a port authority;
13 ‘‘(G) a federally recognized Indian Tribe or
14 a consortium of such Indian Tribes;
15 ‘‘(H) a transit agency; and
16 ‘‘(I) a multi-State or multijurisdictional
17 group of entities described in any of subpara-
18 graphs (A) through (H).
19 ‘‘(3) ELIGIBLE PROJECT.—The term ‘eligible
20 project’ means—
21 ‘‘(A) a highway or bridge project eligible for
22 assistance under title 23;
23 ‘‘(B) a public transportation project eligible
24 for assistance under chapter 53;
† HR 3684 EAS
637
1 ‘‘(C) a passenger rail or freight rail trans-
2 portation project eligible for assistance under
3 this title;
4 ‘‘(D) a port infrastructure investment, in-
5 cluding—
6 ‘‘(i) inland port infrastructure; and
7 ‘‘(ii) a land port-of-entry;
8 ‘‘(E) the surface transportation components
9 of an airport project eligible for assistance under
10 part B of subtitle VII;
11 ‘‘(F) a project for investment in a surface
12 transportation facility located on Tribal land,
13 the title or maintenance responsibility of which
14 is vested in the Federal Government;
15 ‘‘(G) a project to replace or rehabilitate a
16 culvert or prevent stormwater runoff for the pur-
17 pose of improving habitat for aquatic species
18 that will advance the goal of the program de-
19 scribed in subsection (b)(2); and
20 ‘‘(H) any other surface transportation in-
21 frastructure project that the Secretary considers
22 to be necessary to advance the goal of the pro-
23 gram.
† HR 3684 EAS
638
1 ‘‘(4) PROGRAM.—The term ‘program’ means the
2 Local and Regional Project Assistance Program estab-
3 lished under subsection (b)(1).
4 ‘‘(5) RURAL AREA.—The term ‘rural area’ means
5 an area that is located outside of an urbanized area.
6 ‘‘(6) SECRETARY.—The term ‘Secretary’ means
7 the Secretary of Transportation.
8 ‘‘(7) URBANIZED AREA.—The term ‘urbanized
9 area’ means an area with a population of more than
10 200,000 residents, based on the most recent decennial
11 census.
12 ‘‘(b) ESTABLISHMENT.—
13 ‘‘(1) IN GENERAL.—The Secretary shall establish
14 and carry out a program, to be known as the ‘Local
15 and Regional Project Assistance Program’, to provide
16 for capital investments in surface transportation in-
17 frastructure.
18 ‘‘(2) GOAL.—The goal of the program shall be to
19 fund eligible projects that will have a significant local
20 or regional impact and improve transportation infra-
21 structure.
22 ‘‘(c) GRANTS.—
23 ‘‘(1) IN GENERAL.—In carrying out the pro-
24 gram, the Secretary may make grants to eligible enti-
† HR 3684 EAS
639
1 ties, on a competitive basis, in accordance with this
2 section.
3 ‘‘(2) AMOUNT.—Except as otherwise provided in
4 this section, each grant made under the program shall
5 be in an amount equal to—
6 ‘‘(A) not less than $5,000,000 for an urban-
7 ized area;
8 ‘‘(B) not less than $1,000,000 for a rural
9 area; and
10 ‘‘(C) not more than $25,000,000.
11 ‘‘(3) LIMITATION.—Not more than 15 percent of
12 the funds made available to carry out the program for
13 a fiscal year may be awarded to eligible projects in
14 a single State during that fiscal year.
15 ‘‘(d) SELECTION OF ELIGIBLE PROJECTS.—
16 ‘‘(1) NOTICE OF FUNDING OPPORTUNITY.—Not
† HR 3684 EAS
640
1 ‘‘(A) in such form and containing such in-
2 formation as the Secretary considers to be appro-
3 priate; and
4 ‘‘(B) by such date as the Secretary may es-
5 tablish, subject to the condition that the date
6 shall be not later than 90 days after the date on
7 which the Secretary issues the solicitation under
8 paragraph (1).
9 ‘‘(3) PRIMARY SELECTION CRITERIA.—In award-
10 ing grants under the program, the Secretary shall
11 evaluate the extent to which a project—
12 ‘‘(A) improves safety;
13 ‘‘(B) improves environmental sustain-
14 ability;
15 ‘‘(C) improves the quality of life of rural
16 areas or urbanized areas;
17 ‘‘(D) increases economic competitiveness
18 and opportunity, including increasing tourism
19 opportunities;
20 ‘‘(E) contributes to a state of good repair;
21 and
22 ‘‘(F) improves mobility and community
23 connectivity.
24 ‘‘(4) ADDITIONAL SELECTION CRITERIA.—In se-
25 lecting projects to receive grants under the program,
† HR 3684 EAS
641
1 the Secretary shall take into consideration the extent
2 to which—
3 ‘‘(A) the project sponsors collaborated with
4 other public and private entities;
5 ‘‘(B) the project adopts innovative tech-
6 nologies or techniques, including—
7 ‘‘(i) innovative technology;
8 ‘‘(ii) innovative project delivery tech-
9 niques; and
10 ‘‘(iii) innovative project financing;
11 ‘‘(C) the project has demonstrated readiness;
12 and
13 ‘‘(D) the project is cost effective.
14 ‘‘(5) TRANSPARENCY.—
15 ‘‘(A) IN GENERAL.—The Secretary, shall
16 evaluate, through a methodology that is discern-
17 ible and transparent to the public, the means by
18 which each application submitted under para-
19 graph (2) addresses the criteria under para-
20 graphs (3) and (4) or otherwise established by
21 the Secretary.
22 ‘‘(B) PUBLICATION.—The methodology
23 under subparagraph (A) shall be published by
24 the Secretary as part of the notice of funding op-
25 portunity under the program.
† HR 3684 EAS
642
1 ‘‘(6) AWARDS.—Not later than 270 days after the
2 date on which amounts are made available to provide
3 grants under the program for a fiscal year, the Sec-
4 retary shall announce the selection by the Secretary
5 of eligible projects to receive the grants in accordance
6 with this section.
7 ‘‘(7) TECHNICAL ASSISTANCE.—
† HR 3684 EAS
643
1 historically disadvantaged community, or an area of
2 persistent poverty using a grant under this subsection
3 may exceed 80 percent, at the discretion of the Sec-
4 retary.
5 ‘‘(3) TREATMENT OF OTHER FEDERAL FUNDS.—
† HR 3684 EAS
644
1 ‘‘(B) not more than 50 percent shall be allo-
2 cated for eligible projects located in urbanized
3 areas.
4 ‘‘(2) HISTORICALLY DISADVANTAGED COMMU-
† HR 3684 EAS
645
1 ‘‘(i) CREDIT PROGRAM COSTS.—
2 ‘‘(1) IN GENERAL.—Subject to paragraph (2), at
3 the request of an eligible entity, the Secretary may
4 use a grant provided to the eligible entity under the
5 program to pay the subsidy or credit risk premium,
6 and the administrative costs, of an eligible project
7 that is eligible for Federal credit assistance under—
8 ‘‘(A) chapter 224; or
9 ‘‘(B) chapter 6 of title 23.
10 ‘‘(2) LIMITATION.—Not more than 20 percent of
11 the funds made available to carry out the program for
12 a fiscal year may be used to carry out paragraph (1).
13 ‘‘(j) AUTHORIZATION OF APPROPRIATIONS.—There is
14 authorized to be appropriated to carry out this section
15 $1,500,000,000 for each of fiscal years 2022 through 2026,
16 to remain available for a period of 3 fiscal years following
17 the fiscal year for which the amounts are appropriated.
18 ‘‘(k) REPORTS.—
19 ‘‘(1) ANNUAL REPORT.—The Secretary shall
20 make available on the website of the Department of
21 Transportation at the end of each fiscal year an an-
22 nual report that describes each eligible project for
23 which a grant was provided under the program dur-
24 ing that fiscal year.
† HR 3684 EAS
646
1 ‘‘(2) COMPTROLLER GENERAL.—Not later than 1
2 year after the date on which the initial grants are
3 awarded for eligible projects under the program, the
4 Comptroller General of the United States shall—
5 ‘‘(A) review the administration of the pro-
6 gram, including—
7 ‘‘(i) the solicitation process; and
8 ‘‘(ii) the selection process, including—
9 ‘‘(I) the adequacy and fairness of
10 the process; and
11 ‘‘(II) the selection criteria; and
12 ‘‘(B) submit to the Committee on Com-
13 merce, Science, and Transportation of the Senate
14 and the Committee on Transportation and Infra-
15 structure of the House of Representatives a re-
16 port describing the findings of the review under
17 subparagraph (A), including recommendations
18 for improving the administration of the pro-
19 gram, if any.’’.
20 (b) STUDY.—Not later than 1 year after the date of
21 enactment of this Act, the Comptroller General of the United
22 States shall conduct, and submit to the Committee on Com-
23 merce, Science, and Transportation of the Senate and the
24 Committee on Transportation and Infrastructure of the
25 House of Representatives a report describing the results of,
† HR 3684 EAS
647
1 a study of how changes to Federal share matching require-
2 ments and selection criteria, such as using State population
3 data in Department discretionary programs, may impact
4 the allocations made to States.
5 (c) CLERICAL AMENDMENT.—The analysis for subtitle
6 III of title 49, United States Code, is amended by adding
7 at the end the following:
‘‘CHAPTER 67—MULTIMODAL INFRASTRUCTURE INVESTMENTS
† HR 3684 EAS
648
1 ‘‘(3) PROGRAM.—The term ‘program’ means the
2 annual competitive grant program established under
3 subsection (b).
4 ‘‘(4) SECRETARY.—The term ‘Secretary’ means
5 the Secretary of Transportation.
6 ‘‘(5) UNDERSECRETARY.—The term ‘Undersecre-
7 tary’ means the Undersecretary of Commerce for
8 Oceans and Atmosphere.
9 ‘‘(b) ESTABLISHMENT.—The Secretary, in consulta-
10 tion with the Undersecretary, shall establish an annual
11 competitive grant program to award grants to eligible enti-
12 ties for projects for the replacement, removal, and repair
13 of culverts or weirs that—
14 ‘‘(1) would meaningfully improve or restore fish
15 passage for anadromous fish; and
16 ‘‘(2) with respect to weirs, may include—
17 ‘‘(A) infrastructure to facilitate fish passage
18 around or over the weir; and
19 ‘‘(B) weir improvements.
20 ‘‘(c) ELIGIBLE ENTITIES.—An entity eligible to receive
21 a grant under the program is—
22 ‘‘(1) a State;
23 ‘‘(2) a unit of local government; or
24 ‘‘(3) an Indian Tribe.
† HR 3684 EAS
649
1 ‘‘(d) GRANT SELECTION PROCESS.—The Secretary, in
2 consultation with the Undersecretary and the Director, shall
3 establish a process for determining criteria for awarding
4 grants under the program, subject to subsection (e).
5 ‘‘(e) PRIORITIZATION.—The Secretary, in consultation
6 with the Undersecretary and the Director, shall establish
7 procedures to prioritize awarding grants under the program
8 to—
9 ‘‘(1) projects that would improve fish passage
10 for—
11 ‘‘(A) anadromous fish stocks listed as an en-
12 dangered species or a threatened species under
13 section 4 of the Endangered Species Act of 1973
14 (16 U.S.C. 1533);
15 ‘‘(B) anadromous fish stocks identified by
16 the Undersecretary or the Director that could
17 reasonably become listed as an endangered spe-
18 cies or a threatened species under that section;
19 ‘‘(C) anadromous fish stocks identified by
20 the Undersecretary or the Director as prey for
21 endangered species, threatened species, or pro-
22 tected species, including Southern resident orcas
23 (Orcinus orcas); or
† HR 3684 EAS
650
1 ‘‘(D) anadromous fish stocks identified by
2 the Undersecretary or the Director as climate re-
3 silient stocks; and
4 ‘‘(2) projects that would open up more than 200
5 meters of upstream habitat before the end of the nat-
6 ural habitat.
7 ‘‘(f) FEDERAL SHARE.—The Federal share of the cost
8 of a project carried out with a grant to a State or a unit
9 of local government under the program shall be not more
10 than 80 percent.
11 ‘‘(g) TECHNICAL ASSISTANCE.—The Secretary, in con-
12 sultation with the Undersecretary and the Director, shall
13 develop a process to provide technical assistance to Indian
14 Tribes and underserved communities to assist in the project
15 design and grant process and procedures.
16 ‘‘(h) ADMINISTRATIVE EXPENSES.—Of the amounts
17 made available for each fiscal year to carry out the pro-
18 gram, the Secretary, the Undersecretary, and the Director
19 may use not more than 2 percent to pay the administrative
20 expenses necessary to carry out this section.
21 ‘‘(i) AUTHORIZATION OF APPROPRIATIONS.—There is
22 authorized to be appropriated to carry out the program
23 $800,000,000 for each of fiscal years 2022 through 2026.’’.
† HR 3684 EAS
651
1 (b) CLERICAL AMENDMENT.—The analysis for chapter
2 67 of title 49, United States Code (as added by section
3 21202(c)), is amended by adding at the end the following:
‘‘6703. National culvert removal, replacement, and restoration grant program.’’.
17 SCIENCES.—
18 ‘‘(1) IN GENERAL.—The Secretary shall enter
19 into an agreement with the National Academy of
20 Sciences to support and carry out administrative and
21 management activities under the program established
22 under subsection (a).
23 ‘‘(2) ADVISORY COMMITTEE.—To assist the Na-
24 tional Academy of Sciences in carrying out this sub-
25 section, the National Academy shall establish an advi-
† HR 3684 EAS
652
1 sory committee, the members of which represent a
2 cross-section of multimodal freight stakeholders, in-
3 cluding—
4 ‘‘(A) the Department of Transportation and
5 other relevant Federal departments and agencies;
6 ‘‘(B) State (including the District of Colum-
7 bia) departments of transportation;
8 ‘‘(C) units of local government, including
9 public port authorities;
10 ‘‘(D) nonprofit entities;
11 ‘‘(E) institutions of higher education;
12 ‘‘(F) labor organizations representing em-
13 ployees in freight industries; and
14 ‘‘(G) private sector entities representing
15 various transportation modes.
16 ‘‘(c) ACTIVITIES.—
17 ‘‘(1) NATIONAL RESEARCH AGENDA.—
† HR 3684 EAS
653
1 ‘‘(B) ACTION BY INTERESTED PARTIES.—
† HR 3684 EAS
654
1 on a regular basis of a contract or grant for
2 research under subparagraph (A).
3 ‘‘(C) DISSEMINATION OF FINDINGS.—The
† HR 3684 EAS
655
1 ‘‘(1) Improving the efficiency and resiliency of
2 freight movement, including—
3 ‘‘(A) improving the connections between
4 rural areas and domestic and foreign markets;
5 ‘‘(B) maximizing infrastructure utility, in-
6 cluding improving urban curb-use efficiency;
7 ‘‘(C) quantifying the national impact of
8 blocked railroad crossings;
9 ‘‘(D) improved techniques for estimating
10 and quantifying public benefits derived from
11 freight transportation projects; and
12 ‘‘(E) low-cost methods to reduce congestion
13 at bottlenecks.
14 ‘‘(2) Adapting to future trends in freight, includ-
15 ing—
16 ‘‘(A) considering the impacts of e-commerce;
17 ‘‘(B) automation; and
18 ‘‘(C) zero-emissions transportation.
19 ‘‘(3) Workforce considerations in freight, includ-
20 ing—
21 ‘‘(A) diversifying the freight transportation
22 industry workforce; and
23 ‘‘(B) creating and transitioning a workforce
24 capable of designing, deploying, and operating
25 emerging technologies.
† HR 3684 EAS
656
1 ‘‘(e) FEDERAL SHARE.—
2 ‘‘(1) IN GENERAL.—The Federal share of the cost
3 of an activity carried out under this section shall be
4 up to 100 percent.
5 ‘‘(2) USE OF NON-FEDERAL FUNDS.—In addition
6 to using funds made available to carry out this sec-
7 tion, the National Academy of Sciences may seek and
8 accept additional funding from public and private
9 entities capable of accepting funding from the Depart-
10 ment of Transportation, States, units of local govern-
11 ment, nonprofit entities, and the private sector.
12 ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—There is
13 authorized to be appropriated to the Secretary $3,750,000
14 for each fiscal year to carry out the program established
15 under subsection (a), to remain available until expended.
16 ‘‘(g) SUNSET.—The program established under sub-
17 section (a) shall terminate 5 years after the date of enact-
18 ment of this section.’’.
19 (b) CLERICAL AMENDMENT.—The analysis for chapter
20 702 of title 49, United States Code (as amended by section
21 21106(b)), is amended by inserting after the item relating
22 to section 70204 the following:
‘‘70205. National multimodal cooperative freight research program.’’.
24 VANCEMENT.
† HR 3684 EAS
658
1 (4) PILOT PROGRAM.—The term ‘‘pilot program’’
2 means the Rural and Tribal Assistance Pilot Pro-
3 gram established under subsection (b)(1).
4 (b) ESTABLISHMENT.—
5 (1) IN GENERAL.—The Secretary shall establish
6 within the Build America Bureau a pilot program, to
7 be known as the ‘‘Rural and Tribal Assistance Pilot
8 Program’’, to provide to eligible entities the assistance
9 and information described in paragraph (2).
10 (2) ASSISTANCE AND INFORMATION.—In car-
11 rying out the pilot program, the Secretary may pro-
12 vide to an eligible entity the following:
13 (A) Financial, technical, and legal assist-
14 ance to evaluate potential projects reasonably ex-
15 pected to be eligible to receive funding or financ-
16 ing assistance under an eligible program.
17 (B) Assistance with development-phase ac-
18 tivities, including—
19 (i) project planning;
20 (ii) feasibility studies;
21 (iii) revenue forecasting and funding
22 and financing options analyses;
23 (iv) environmental review;
24 (v) preliminary engineering and de-
25 sign work;
† HR 3684 EAS
659
1 (vi) economic assessments and cost-ben-
2 efit analyses;
3 (vii) public benefit studies;
4 (viii) statutory and regulatory frame-
5 work analyses;
6 (ix) value for money studies;
7 (x) evaluations of costs to sustain the
8 project;
9 (xi) evaluating opportunities for pri-
10 vate financing and project bundling; and
11 (xii) any other activity determined to
12 be appropriate by the Secretary.
13 (C) Information regarding innovative fi-
14 nancing best practices and case studies, if the el-
15 igible entity is interested in using innovative fi-
16 nancing methods.
17 (c) ASSISTANCE FROM EXPERT FIRMS.—The Sec-
18 retary may retain the services of expert firms, including
19 counsel, in the field of municipal and project finance to
20 assist in providing financial, technical, and legal assistance
21 to eligible entities under the pilot program.
22 (d) WEBSITE.—
23 (1) DESCRIPTION OF PILOT PROGRAM.—
† HR 3684 EAS
660
1 partment a description of the pilot program, in-
2 cluding—
3 (i) the resources available to eligible
4 entities under the pilot program; and
5 (ii) the application process established
6 under paragraph (2)(A).
7 (B) CLEARINGHOUSE.—The Secretary may
8 establish a clearinghouse for tools, templates, and
9 best practices on the page of the website of the
10 Department that contains the information de-
11 scribed in subparagraph (A).
12 (2) APPLICATIONS.—
13 (A) IN GENERAL.—Not later than 180 days
14 after the date of enactment of this Act, the Sec-
15 retary shall establish a process by which an eli-
16 gible entity may submit to the Secretary an ap-
17 plication under the pilot program, in such form
18 and containing such information as the Sec-
19 retary may require.
20 (B) ONLINE PORTAL.—The Secretary shall
21 develop and make available to the public an on-
22 line portal through which the Secretary may re-
23 ceive applications under subparagraph (A), on a
24 rolling basis.
25 (C) APPROVAL.—
† HR 3684 EAS
661
1 (i) IN GENERAL.—Not later than 60
2 days after the date on which the Secretary
3 receives a complete application under sub-
4 paragraph (A), the Secretary shall provide
5 to each eligible entity that submitted the ap-
6 plication a notice describing whether the
7 application is approved or disapproved.
8 (ii) ADDITIONAL WRITTEN NOTIFICA-
9 TION.—
† HR 3684 EAS
662
1 an explanation of, and guidance re-
2 garding, the reasons why the applica-
3 tion was disapproved.
4 (iii) INSUFFICIENT APPLICATIONS.—
† HR 3684 EAS
663
1 an expert for any phase of a project carried out using the
2 assistance, including project development, regardless of
3 whether the expert is retained by the Secretary under sub-
4 section (c).
5 (f) FUNDING.—
6 (1) IN GENERAL.—For each of fiscal years 2022
7 through 2026, the Secretary may use to carry out the
8 pilot program, including to retain the services of ex-
9 pert firms under subsection (c), any amount made
10 available to the Secretary to provide credit assistance
11 under an eligible program that is not otherwise obli-
12 gated, subject to paragraph (2).
13 (2) LIMITATION.—The amount used under para-
14 graph (1) to carry out the pilot program shall be not
15 more than—
16 (A) $1,600,000 for fiscal year 2022;
17 (B) $1,800,000 for fiscal year 2023;
18 (C) $2,000,000 for fiscal year 2024;
19 (D) $2,200,000 for fiscal year 2025; and
20 (E) $2,400,000 for fiscal year 2026.
21 (3) GEOGRAPHICAL DISTRIBUTION.—Not more
22 than 20 percent of the funds made available to carry
23 out the pilot program for a fiscal year may be used
24 for projects in a single State during that fiscal year.
† HR 3684 EAS
664
1 (g) SUNSET.—The pilot program shall terminate on
2 the date that is 5 years after the date of enactment of this
3 Act.
4 (h) NONAPPLICABILITY.—Nothing in this section lim-
5 its the ability of the Build America Bureau or the Secretary
6 to establish or carry out any other assistance program
7 under title 23 or title 49, United States Code.
8 (i) ADMINISTRATION BY BUILD AMERICA BUREAU.—
9 Section 116(d)(1) of title 49, United States Code (as amend-
10 ed by section 21101(d)(4)), is amended by adding at the
11 end the following:
12 ‘‘(D) The Rural and Tribal Assistance Pilot
13 Program established under section 21205(b)(1) of
14 the Surface Transportation Investment Act of
15 2021.’’.
16 Subtitle C—Railroad Rehabilita-
17 tion and Improvement Financ-
18 ing Reforms
19 SEC. 21301. RRIF CODIFICATION AND REFORMS.
† HR 3684 EAS
665
‘‘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.’’;
† HR 3684 EAS
666
1 section 504 of the Railroad Revitalization and Regu-
2 latory Reform Act of 1976 (45 U.S.C. 836).
3 (b) CONFORMING REPEALS.—
4 (1) REPEALS.—
5 (A) Sections 501, 502, 503, and 504 of the
6 Railroad Revitalization and Regulatory Reform
7 Act of 1976 (45 U.S.C. 821, 822, 823, and 836)
8 are repealed.
9 (B) Section 9003(j) of the Safe, Account-
10 able, Flexible, Efficient Transportation Equity
11 Act: A Legacy for Users (45 U.S.C. 822 note) is
12 repealed.
13 (2) SAVINGS PROVISION.—The repeals under
14 paragraph (1) shall not affect the rights and duties
15 that matured under the repealed sections, the pen-
16 alties that were incurred under such sections, or any
17 proceeding authorized under any such section that
18 commenced before the date of enactment of this Act.
19 (c) DEFINITIONS.—
20 (1) HEADINGS.—Section 22401 of title 49,
21 United States Code, as added by subsection (a)(2),
22 and amended by subsection (a)(3), is further amend-
23 ed—
24 (A) in paragraph (1)—
† HR 3684 EAS
667
1 (i) by striking ‘‘(1)(A) The’’ and in-
2 serting the following:
3 ‘‘(1) COST.—
4 ‘‘(A) The’’; and
5 (ii) by indenting subparagraphs (B)
6 through (F) appropriately; and
7 (B) in each of paragraphs (2) through (14),
8 by inserting a paragraph heading, the text of
9 which is comprised of the term defined in the
10 paragraph.
11 (2) OTHER TECHNICAL AMENDMENTS.—Section
† HR 3684 EAS
668
1 ‘‘(A) any railroad or railroad carrier (as
2 such terms are defined in section 20102); and
3 ‘‘(B) any rail carrier (as defined in section
4 24102).’’;
5 (D) by redesignating paragraph (14) as
6 paragraph (15); and
7 (E) by inserting after paragraph (13) the
8 following:
9 ‘‘(14) SECRETARY.—The term ‘Secretary’ means
10 the Secretary of Transportation.’’.
11 (d) DIRECT LOANS AND LOAN GUARANTEES.—Section
12 22402 of title 49, United States Code, as added by sub-
13 section (a)(2), and amended by subsection (a)(4), is further
14 amended—
15 (1) in subsection (a)—
16 (A) in paragraph (2), by inserting ‘‘entities
17 implementing’’ before ‘‘interstate compacts’’;
18 (B) in paragraph (5)—
19 (i) by inserting ‘‘entities participating
20 in’’ before ‘‘joint ventures’’; and
21 (ii) by striking ‘‘and’’ at the end; and
22 (C) by striking paragraph (6) and inserting
23 the following:
24 ‘‘(6) limited option freight shippers that own or
25 operate a plant or other facility, solely for the pur-
† HR 3684 EAS
669
1 pose of constructing a rail connection between a plant
2 or facility and a railroad; and
3 ‘‘(7) private entities with controlling ownership
4 in 1 or more freight railroads other than Class I car-
5 riers.’’;
6 (2) in subsection (b)—
7 (A) by amending paragraph (1) to read as
8 follows:
9 ‘‘(1) IN GENERAL.—Direct loans and loan guar-
10 antees authorized under this section shall be used—
11 ‘‘(A) to acquire, improve, or rehabilitate
12 intermodal or rail equipment or facilities, in-
13 cluding track, components of track, cuts and
14 fills, stations, tunnels, bridges, yards, buildings,
15 and shops, and to finance costs related to those
16 activities, including pre-construction costs;
17 ‘‘(B) to develop or establish new intermodal
18 or railroad facilities;
19 ‘‘(C) to develop landside port infrastructure
20 for seaports serviced by rail;
21 ‘‘(D) to refinance outstanding debt incurred
22 for the purposes described in subparagraph (A)
23 , (B), or (C);
† HR 3684 EAS
670
1 ‘‘(E) to reimburse planning, permitting,
2 and design expenses relating to activities de-
3 scribed in subparagraph (A), (B), or (C); or
4 ‘‘(F) to finance economic development, in-
5 cluding commercial and residential development,
6 and related infrastructure and activities, that—
7 ‘‘(i) incorporates private investment of
8 greater than 20 percent of total project
9 costs;
10 ‘‘(ii) is physically connected to, or is
11 within 1⁄2 mile of, a fixed guideway transit
12 station, an intercity bus station, a pas-
13 senger rail station, or a multimodal station,
14 provided that the location includes service
15 by a railroad;
16 ‘‘(iii) demonstrates the ability of the
17 applicant to commence the contracting
18 process for construction not later than 90
19 days after the date on which the direct loan
20 or loan guarantee is obligated for the project
21 under this chapter; and
22 ‘‘(iv) demonstrates the ability to gen-
23 erate new revenue for the relevant passenger
24 rail station or service by increasing rider-
25 ship, increasing tenant lease payments, or
† HR 3684 EAS
671
1 carrying out other activities that generate
2 revenue exceeding costs.’’; and
3 (B) by striking paragraph (3);
4 (3) in subsection (c)—
5 (A) in paragraph (1), by striking ‘‘of title
6 49, United States Code’’; and
7 (B) in paragraph (5), by striking ‘‘title 49,
8 United States Code,’’ and inserting ‘‘this title’’;
9 (4) in subsection (e), by amending paragraph (1)
10 to read as follows:
11 ‘‘(1) DIRECT LOANS.—The interest rate on a di-
12 rect loan under this section shall be not less than the
13 yield on United States Treasury securities of a simi-
14 lar maturity to the maturity of the secured loan on
15 the date of execution of the loan agreement.’’;
16 (5) in subsection (f)—
17 (A) in paragraph (3)—
18 (i) in the matter preceding subpara-
19 graph (A)—
20 (I) by striking ‘‘An applicant
21 may propose and’’ and inserting
22 ‘‘Upon receipt of a proposal from an
23 applicant under this section,’’; and
† HR 3684 EAS
672
1 (II) by striking ‘‘tangible asset’’
2 and inserting ‘‘collateral described in
3 paragraph (6)’’;
4 (ii) in subparagraph (B)(ii), by insert-
5 ing ‘‘, including operating or tenant
6 charges, facility rents, or other fees paid by
7 transportation service providers or opera-
8 tors for access to, or the use of, infrastruc-
9 ture, including rail lines, bridges, tunnels,
10 yards, or stations’’ after ‘‘user fees’’;
11 (iii) in subparagraph (C), by striking
12 ‘‘$75,000,000’’ and inserting
13 ‘‘$150,000,000’’; and
14 (iv) by adding at the end the following:
15 ‘‘(D) Revenue from projected freight or pas-
16 senger demand for the project based on region-
17 ally developed economic forecasts, including pro-
18 jections of any modal diversion resulting from
19 the project.’’; and
20 (B) by adding at the end the following:
21 ‘‘(5) COHORTS OF LOANS.—Subject to the avail-
22 ability of funds appropriated by Congress under sec-
23 tion 22406(a)(2), for any direct loan issued before the
24 date of enactment of the Fixing America’s Surface
25 Transportation Act (Public Law 114–94) pursuant to
† HR 3684 EAS
673
1 sections 501 through 504 of the Railroad Revitaliza-
2 tion and Regulatory Reform Act of 1976 (Public Law
3 94-210), the Secretary shall repay the credit risk pre-
4 miums of such loan, with interest accrued thereon,
5 not later than—
6 ‘‘(A) 60 days after the date of enactment of
7 the Surface Transportation Investment Act of
8 2021 if the borrower has satisfied all obligations
9 attached to such loan; or
10 ‘‘(B) if the borrower has not yet satisfied all
11 obligations attached to such loan, 60 days after
12 the date on which all obligations attached to such
13 loan have been satisfied.
14 ‘‘(6) COLLATERAL.—
15 ‘‘(A) TYPES OF COLLATERAL.—An appli-
16 cant or infrastructure partner may propose tan-
17 gible and intangible assets as collateral, exclusive
18 of goodwill. The Secretary, after evaluating each
19 such asset—
20 ‘‘(i) shall accept a net liquidation
21 value of collateral; and
22 ‘‘(ii) shall consider and may accept—
23 ‘‘(I) the market value of collateral;
24 or
† HR 3684 EAS
674
1 ‘‘(II) in the case of a blanket
2 pledge or assignment of an entire oper-
3 ating asset or basket of assets as collat-
4 eral, the market value of assets, or, the
5 market value of the going concern, con-
6 sidering—
7 ‘‘(aa) inclusion in the pledge
8 of all the assets necessary for inde-
9 pendent operational utility of the
10 collateral, including tangible as-
11 sets such as real property, track
12 and structure, motive power,
13 equipment and rolling stock, sta-
14 tions, systems and maintenance
15 facilities and intangible assets
16 such as long-term shipping agree-
17 ments, easements, leases and ac-
18 cess rights such as for trackage
19 and haulage;
20 ‘‘(bb) interchange commit-
21 ments; and
22 ‘‘(cc) the value of the asset as
23 determined through the cost or
24 market approaches, or the market
25 value of the going concern, with
† HR 3684 EAS
675
1 the latter considering discounted
2 cash flows for a period not to ex-
3 ceed the term of the direct loan or
4 loan guarantee.
5 ‘‘(B) APPRAISAL STANDARDS.—In evalu-
6 ating appraisals of collateral under subpara-
7 graph (A), the Secretary shall consider—
8 ‘‘(i) adherence to the substance and
9 principles of the Uniform Standards of Pro-
10 fessional Appraisal Practice, as developed
11 by the Appraisal Standards Board of the
12 Appraisal Foundation; and
13 ‘‘(ii) the qualifications of the apprais-
14 ers to value the type of collateral offered.
15 ‘‘(7) REPAYMENT OF CREDIT RISK PREMIUMS.—
† HR 3684 EAS
676
1 ‘‘(1) repayment of the obligation is required to be
2 made within a term that is not longer than the short-
3 er of—
4 ‘‘(A) 75 years after the date of substantial
5 completion of the project;
6 ‘‘(B) the estimated useful life of the rail
7 equipment or facilities to be acquired, rehabili-
8 tated, improved, developed, or established, subject
9 to an adequate determination of long-term risk;
10 or
11 ‘‘(C) for projects determined to have an esti-
12 mated useful life that is longer than 35 years, the
13 period that is equal to the sum of—
14 ‘‘(i) 35 years; and
15 ‘‘(ii) the product of—
16 ‘‘(I) the difference between the es-
17 timated useful life and 35 years; multi-
18 plied by
19 ‘‘(II) 75 percent.’’;
20 (7) in subsection (h)—
21 (A) in paragraph (3)—
22 (i) in subparagraph (A)—
23 (I) by striking ‘‘of title 49, United
24 States Code’’;
† HR 3684 EAS
677
1 (II) by striking ‘‘the National
2 Railroad Passenger Corporation’’ and
3 inserting ‘‘Amtrak’’; and
4 (III) by striking ‘‘of that title’’;
5 and
6 (ii) in subparagraph (B), by striking
7 ‘‘section 504 of this Act’’ and inserting ‘‘sec-
8 tion 22404’’; and
9 (B) in paragraph (4), by striking
10 ‘‘(b)(1)(E)’’ and inserting ‘‘(b)(1)(F)’’;
11 (8) in subsection (i)—
12 (A) by amending paragraph (4) to read as
13 follows:
14 ‘‘(4) STREAMLINED APPLICATION REVIEW PROC-
15 ESS.—
† HR 3684 EAS
678
1 ‘‘(i) seek a total loan or loan guarantee
2 value not exceeding $150,000,000;
3 ‘‘(ii) meet eligible project purposes de-
4 scribed in subparagraphs (A) and (B) of
5 subsection (b)(1); and
6 ‘‘(iii) meet other criteria considered
7 appropriate by the Secretary, in consulta-
8 tion with the Council on Credit and Fi-
9 nance of the Department of Transportation.
10 ‘‘(C) EXPEDITED CREDIT REVIEW.—The
† HR 3684 EAS
679
1 (ii) in subparagraph (F), by adding ‘‘;
2 and’’ at the end; and
3 (iii) by adding at the end the fol-
4 lowing:
5 ‘‘(G) whether the project utilized the stream-
6 lined application process under paragraph (4).’’;
7 and
8 (C) by adding at the end the following:
9 ‘‘(6) CREDITWORTHINESS REVIEW STATUS.—
† HR 3684 EAS
680
1 project is new construction, the rehabilita-
2 tion of existing rail equipment or facilities,
3 or the refinancing an existing loan or loan
4 guarantee;
5 ‘‘(v) if a deferred payment is proposed,
6 the length of such deferment;
7 ‘‘(vi) the credit rating or ratings pro-
8 vided for the applicant;
9 ‘‘(vii) if other credit instruments are
10 involved, the proposed subordination rela-
11 tionship and a description of such other
12 credit instruments;
13 ‘‘(viii) a schedule for the readiness of
14 proposed investments for financing;
15 ‘‘(ix) a description of any Federal per-
16 mits required, including under the National
17 Environmental Policy Act of 1969 (42
18 U.S.C. 4321 et seq.) and any waivers under
19 section 5323(j) (commonly known as the
20 ‘Buy America Act’);
21 ‘‘(x) other characteristics of the pro-
22 posed activity to be financed, borrower, key
23 agreements, or the nature of the credit that
24 the Secretary considers to be fundamental to
25 the creditworthiness review;
† HR 3684 EAS
681
1 ‘‘(xi) the status of the application in
2 the pre-application review and selection
3 process;
4 ‘‘(xii) the cumulative amounts paid by
5 the Secretary to outside advisors related to
6 the application, including financial and
7 legal advisors;
8 ‘‘(xiii) a description of the key rating
9 factors used by the Secretary to determine
10 credit risk, including—
11 ‘‘(I) the factors used to determine
12 risk for the proposed application;
13 ‘‘(II) an adjectival risk rating for
14 each identified factor, ranked as either
15 low, moderate, or high;
16 ‘‘(xiv) a nonbinding estimate of the
17 credit risk premium, which may be in the
18 form of—
19 ‘‘(I) a range, based on the assess-
20 ment of risk factors described in clause
21 (xiii); or
22 ‘‘(II) a justification for why the
23 estimate of the credit risk premium
24 cannot be determined based on avail-
25 able information; and
† HR 3684 EAS
682
1 ‘‘(xv) a description of the key informa-
2 tion the Secretary needs from the applicant
3 to complete the credit review process and
4 make a final determination of the credit
5 risk premium.
6 ‘‘(B) REPORT UPON REQUEST.—The Sec-
7 retary shall provide the information described in
8 subparagraph (A) not later than 30 days after a
9 request from the applicant.
10 ‘‘(C) EXCEPTION.—Applications processed
11 using the streamlined application review process
12 under paragraph (4) are not subject to the re-
13 quirements under this paragraph.’’;
14 (9) in subsection (l)(2)(A)(iii), by striking
15 ‘‘under this title’’ and inserting ‘‘under this chapter’’;
16 (10) in subsection (m)(1), by striking ‘‘under
17 this title’’ and inserting ‘‘under this chapter’’; and
18 (11) by adding at the end the following:
19 ‘‘(n) NON-FEDERAL SHARE.—The proceeds of a loan
20 provided under this section may be used as the non-Federal
21 share of project costs for any grant program administered
22 by the Secretary if such loan is repayable from non-Federal
23 funds.’’.
24 (e) ADMINISTRATION OF DIRECT LOANS AND LOAN
25 GUARANTEES.—Section 22403 of title 49, United States
† HR 3684 EAS
683
1 Code, as added by subsection (a)(2), and amended by sub-
2 section (a)(5), is further amended—
3 (1) in subsection (a)—
4 (A) by striking ‘‘The Secretary shall’’ and
5 inserting the following:
6 ‘‘(1) IN GENERAL.—The Secretary shall’’;
7 (B) in paragraph (1), as designated by sub-
8 paragraph (A), by striking ‘‘section 502’’ and
9 inserting ‘‘section 22402’’; and
10 (C) by adding at the end the following:
11 ‘‘(2) DOCUMENTATION.—An applicant meeting
12 the size standard for small business concerns estab-
13 lished under section 3(a)(2) of the Small Business Act
14 (15 U.S.C. 632(a)(2)) may provide unaudited finan-
15 cial statements as documentation of historical finan-
16 cial information if such statements are accompanied
17 by the applicant’s Federal tax returns and Internal
18 Revenue Service tax verifications for the cor-
19 responding years.’’;
20 (2) in subsection (d)(3), by striking ‘‘section
21 502(f)’’ and inserting ‘‘section 22402(f)’’;
22 (3) in subsection (l)(3)(B), by striking ‘‘serving
23 a direct loan’’ and inserting ‘‘servicing a direct
24 loan’’; and
† HR 3684 EAS
684
1 (4) in each of subsections (b) through (m), as ap-
2 plicable—
3 (A) by striking ‘‘section 502’’ each place it
4 appears and inserting ‘‘section 22402’’; and
5 (B) by striking ‘‘this title’’ each place it ap-
6 pears and inserting ‘‘this chapter’’.
7 (f) EMPLOYEE PROTECTION.—Section 22404 of title
8 49, United States Code, as added by subsection (a)(2), and
9 amended by subsection (a)(6), is further amended—
10 (1) in subsection (a)—
11 (A) by striking ‘‘not otherwise protected
12 under title V of the Regional Rail Reorganiza-
13 tion Act of 1973 (45 U.S.C. 771 et seq.),’’;
14 (B) by striking ‘‘under this title’’ and in-
15 serting ‘‘under this chapter’’;
16 (C) by striking ‘‘within 120 days after the
17 date of enactment of this title’’ and inserting
18 ‘‘not later than 120 days after February 5,
19 1976’’; and
20 (D) by striking ‘‘within 150 days after the
21 date of enactment of this title’’ and inserting
22 ‘‘not later than 150 days after February 5,
23 1976’’;
24 (2) in subsection (b)—
† HR 3684 EAS
685
1 (A) in the matter preceding paragraph
2 (1)—
3 (i) by striking ‘‘applicable financial
4 assistance under this title’’ and inserting
5 ‘‘applicable financial assistance under this
6 chapter’’; and
7 (ii) by striking ‘‘from financial assist-
8 ance under this title’’ and inserting ‘‘from
9 financial assistance under this chapter’’;
10 (B) in paragraph (3), by striking ‘‘under
11 this title’’ and inserting ‘‘under this chapter’’;
12 and
13 (C) in paragraph (4), by striking ‘‘to this
14 title’’ and inserting ‘‘to this chapter’’; and
15 (3) in subsection (c), by striking ‘‘to this title’’
16 and inserting ‘‘to this chapter’’.
17 (g) SUBSTANTIVE CRITERIA AND STANDARDS.—Chap-
18 ter 224 of title 49, United States Code, as added by sub-
19 section (a), and amended by subsections (c) through (f), is
20 further amended by adding at the end the following:
21 ‘‘§ 22405. Substantive criteria and standards
22 ‘‘The Secretary shall—
23 ‘‘(1) publish in the Federal Register and post on
24 a website of the Department of Transportation the
25 substantive criteria and standards used by the Sec-
† HR 3684 EAS
686
1 retary to determine whether to approve or disapprove
2 applications submitted under section 22402; and
3 ‘‘(2) ensure that adequate procedures and guide-
4 lines are in place to permit the filing of complete ap-
5 plications not later than 30 days after the publication
6 referred to in paragraph (1).’’.
7 (h) AUTHORIZATION OF APPROPRIATIONS.—Chapter
8 224 of title 49, United States Code, as added by subsection
9 (a), and amended by subsections (c) through (g), is further
10 amended by adding at the end the following:
11 ‘‘§ 22406. Authorization of appropriations.
12 ‘‘(a) AUTHORIZATION.—
13 ‘‘(1) IN GENERAL.—There is authorized to be ap-
14 propriated for credit assistance under this chapter,
15 which shall be provided at the discretion of the Sec-
16 retary, $50,000,000 for each of fiscal years 2022
17 through 2026.
18 ‘‘(2) REFUND OF PREMIUM.—There is authorized
19 to be appropriated to the Secretary $70,000,000 to
20 repay the credit risk premium in accordance with sec-
21 tion 22402(f)(5).
22 ‘‘(3) AVAILABILITY.—Amounts appropriated
23 pursuant to this subsection shall remain available
24 until expended.
25 ‘‘(b) USE OF FUNDS.—
† HR 3684 EAS
687
1 ‘‘(1) IN GENERAL.—Credit assistance provided
2 under subsection (a) may not exceed $20,000,000 for
3 any loan or loan guarantee.
4 ‘‘(2) ADMINISTRATIVE COSTS.—Not less than 3
5 percent of the amounts appropriated pursuant to sub-
6 section (a) in each fiscal year shall be made available
7 to the Secretary for use in place of charges collected
8 under section 22403(l)(1) for passenger railroads and
9 freight railroads other than Class I carriers.
10 ‘‘(3) SHORT LINE SET-ASIDE.—Not less than 50
11 percent of the amounts appropriated pursuant to sub-
12 section (a)(1) for each fiscal year shall be set aside for
13 freight railroads other than Class I carriers.’’.
14 (i) CLERICAL AMENDMENT.—The analysis for title 49,
15 United States Code, is amended by inserting after the item
16 relating to chapter 223 the following:
‘‘224 . Railroad rehabilitation and improvement financ-
ing ................................................................................22401’’.
† HR 3684 EAS
688
1 and Investment Act of 2015 (23 U.S.C. 322 note;
2 Public Law 114–94) is amended by striking ‘‘sections
3 502 and 503 of the Railroad Revitalization and Reg-
4 ulatory Reform Act of 1976’’ and inserting ‘‘sections
5 22402 and 22403 of title 49, United States Code’’.
6 (3) PROVISIONS CLASSIFIED IN TITLE 45, UNITED
7 STATES CODE.—
† HR 3684 EAS
689
1 ture Financing Improvement Act (subtitle F of
2 title XI of Public Law 114–94) is amended—
3 (i) in section 11607(b) (45 U.S.C. 821
4 note), by striking ‘‘All provisions under sec-
5 tions 502 through 504 of the Railroad Revi-
6 talization and Regulatory Reform Act of
7 1976 (45 U.S.C. 801 et seq.)’’ and inserting
8 ‘‘All provisions under section 22402 through
9 22404 of title 49, United States Code,’’; and
10 (ii) in section 11610(b) (45 U.S.C. 821
11 note), by striking ‘‘section 502(f) of the
12 Railroad Revitalization and Regulatory Re-
13 form Act of 1976 (45 U.S.C. 822(f)), as
14 amended by section 11607 of this Act’’ and
15 inserting ‘‘section 22402(f) of title 49,
16 United States Code’’.
17 (C) TRANSPORTATION EQUITY ACT FOR THE
† HR 3684 EAS
690
1 (D) HAMM ALERT MARITIME SAFETY ACT
† HR 3684 EAS
691
1 latory Reform Act of 1976 (45 U.S.C.
2 821 et seq.)’’ and inserting ‘‘chapter
3 224 of title 49, United States Code,’’;
4 and
5 (II) by striking ‘‘and section
6 18(b) of the Milwaukee Railroad Re-
7 structuring Act’’; and
8 (ii) in paragraph (2), by striking
9 ‘‘title V of the Railroad Revitalization and
10 Regulatory Reform Act of 1976, and section
11 516 of such Act (45 U.S.C. 836)’’ and in-
12 serting ‘‘chapter 224 of title 49, United
13 States Code, including section 22404 of such
14 title,’’.
15 (4) TITLE 49.—
† HR 3684 EAS
692
1 (i) by striking ‘‘chapter 221 or 249 of
2 this title,’’ and inserting ‘‘chapter 221, 224,
3 or 249 of this title, or’’; and
4 (ii) by striking ‘‘, or title V of the
5 Railroad Revitalization and Regulatory Re-
6 form Act of 1976 (45 U.S.C. 821 et seq.)’’.
7 (C) PASSENGER RAIL REFORM AND INVEST-
† HR 3684 EAS
693
1 Reform Act of 1976 (45 U.S.C. 821 et seq.)’’ and
2 inserting ‘‘chapter 224 of title 49, United States
3 Code’’.
4 (F) AMTRAK AUTHORITY.—Section 24903 of
5 title 49, United States Code, is amended—
6 (i) in subsection (a)(6), by striking
7 ‘‘and the Railroad Revitalization and Regu-
8 latory Reform Act of 1976 (45 U.S.C. 801
9 et seq.)’’ and inserting ‘‘, the Railroad Revi-
10 talization and Regulatory Reform Act of
11 1976 (45 U.S.C. 801 et seq.), and chapter
12 224 of this title’’; and
13 (ii) in subsection (c)(2), by striking
14 ‘‘and the Railroad Revitalization and Regu-
15 latory Reform Act of 1976 (45 U.S.C. 801
16 et seq.)’’ and inserting ‘‘, the Railroad Revi-
17 talization and Regulatory Reform Act of
18 1976 (45 U.S.C. 801 et seq.), and chapter
19 224 of this title’’.
20 SEC. 21302. SUBSTANTIVE CRITERIA AND STANDARDS.
† HR 3684 EAS
694
1 SEC. 21303. SEMIANNUAL REPORT ON TRANSIT-ORIENTED
2 DEVELOPMENT ELIGIBILITY.
† HR 3684 EAS
696
1 (e) NORTHEAST CORRIDOR COMMISSION.—The Sec-
2 retary may withhold up to $6,000,000 from the amount ap-
3 propriated for each fiscal year pursuant to subsection (a)
4 for use by the Northeast Corridor Commission established
5 under section 24905(a) of title 49, United States Code.
6 (f) INTERSTATE RAIL COMPACTS.—The Secretary may
7 withhold up to $3,000,000 from the amount appropriated
8 for each fiscal year pursuant to subsection (b) for grants
9 authorized under section 22910 of title 49, United States
10 Code.
11 (g) ACCESSIBILITY UPGRADES.—
12 (1) IN GENERAL.—The Secretary shall withhold
13 $50,000,000 from the amount appropriated for each
14 fiscal year pursuant to subsections (a) and (b) for
15 grants to assist Amtrak in financing capital projects
16 to upgrade the accessibility of the national rail pas-
17 senger transportation system by increasing the num-
18 ber of existing facilities that are compliant with the
19 requirements under the Americans with Disabilities
20 Act of 1990 (42 U.S.C. 12101 et seq.) until the Sec-
21 retary determines Amtrak’s existing facilities are in
22 compliance with such requirements.
23 (2) SAVINGS PROVISION.—Nothing in paragraph
24 (1) may be construed to prevent Amtrak from using
25 additional funds appropriated pursuant to this sec-
† HR 3684 EAS
697
1 tion to carry out the activities authorized under such
2 paragraph.
3 (h) CORRIDOR DEVELOPMENT.—In addition to the ac-
4 tivities authorized under subsection (b), Amtrak may use
5 up to 10 percent of the amounts appropriated under sub-
6 section (b) in each fiscal year to support Amtrak-operated
7 corridors selected under section 22306 for—
8 (1) planning and capital costs; and
9 (2) operating assistance consistent with the Fed-
10 eral funding limitations under section 22908 of title
11 49, United States Code.
12 SEC. 22102. FEDERAL RAILROAD ADMINISTRATION.
† HR 3684 EAS
698
1 associated with railroad research and development the fol-
2 lowing amounts:
3 (1) For fiscal year 2022, $43,000,000.
4 (2) For fiscal year 2023, $44,000,000.
5 (3) For fiscal year 2024, $45,000,000.
6 (4) For fiscal year 2025, $46,000,000.
7 (5) For fiscal year 2026, $47,000,000.
8 (c) TRANSPORTATION TECHNOLOGY CENTER.—The
9 Secretary may withhold up to $3,000,000 from the amount
10 appropriated for each fiscal year pursuant to subsection (b)
11 for activities authorized under section 20108(d) of title 49,
12 United States Code.
13 (d) RAIL RESEARCH AND DEVELOPMENT CENTER OF
† HR 3684 EAS
699
1 pursuant to subsection (a) for the costs of project manage-
2 ment oversight of grants authorized under title 49, United
3 States Code.
4 SEC. 22104. RAILROAD CROSSING ELIMINATION PROGRAM.
† HR 3684 EAS
700
1 (d) OVERSIGHT.—The Secretary may withhold up to
2 2 percent from the amount appropriated for each fiscal year
3 pursuant to subsection (a) for the costs of project manage-
4 ment oversight of grants authorized under title 49, United
5 States Code.
6 SEC. 22105. RESTORATION AND ENHANCEMENT GRANTS.
† HR 3684 EAS
701
1 SEC. 22107. AMTRAK OFFICE OF INSPECTOR GENERAL.
† HR 3684 EAS
703
1 (4) by adding at the end the following:
2 ‘‘(13) support and maintain established long-dis-
3 tance routes to provide value to the Nation by serving
4 customers throughout the United States and con-
5 necting urban and rural communities.’’.
6 (c) INCREASING REVENUES.—Section 24101(d) of title
7 49, United States Code, is amended to read as follows:
8 ‘‘(d) INCREASING REVENUES.—Amtrak is encouraged
9 to make agreements with private sector entities and to un-
10 dertake initiatives that are consistent with good business
11 judgment and designed to generate additional revenues to
12 advance the goals described in subsection (c).’’.
13 SEC. 22202. COMPOSITION OF AMTRAK’S BOARD OF DIREC-
14 TORS.
† HR 3684 EAS
704
1 experience with, accessibility, mobility, and in-
2 clusive transportation in passenger rail or com-
3 muter rail’’ before the period at the end;
4 (2) in paragraph (2), by striking ‘‘and try to
5 provide adequate and balanced representation of the
6 major geographic regions of the United States served
7 by Amtrak’’;
8 (3) by redesignating paragraph (5) as para-
9 graph (7); and
10 (4) by striking paragraph (4) and inserting the
11 following:
12 ‘‘(4) Of the individuals appointed pursuant to
13 paragraph (1)(C)—
14 ‘‘(A) 2 individuals shall reside in or near a
15 location served by a regularly scheduled Amtrak
16 service along the Northeast Corridor;
17 ‘‘(B) 4 individuals shall reside in or near
18 regions of the United States that are geographi-
19 cally distributed outside of the Northeast Cor-
20 ridor, of whom—
21 ‘‘(i) 2 individuals shall reside in
22 States served by a long-distance route oper-
23 ated by Amtrak;
† HR 3684 EAS
705
1 ‘‘(ii) 2 individuals shall reside in
2 States served by a State-supported route op-
3 erated by Amtrak; and
4 ‘‘(iii) an individual who resides in a
5 State that is served by a State-supported
6 route and a long-distance route may be ap-
7 pointed to serve either position referred to
8 in clauses (i) and (ii);
9 ‘‘(C) 2 individuals shall reside either—
10 ‘‘(i) in or near a location served by a
11 regularly scheduled Amtrak service on the
12 Northeast Corridor; or
13 ‘‘(ii) in a State served by long-distance
14 or a State-supported route; and
15 ‘‘(D) each individual appointed to the
16 Board pursuant to this paragraph may only fill
17 1 of the allocations set forth in subparagraphs
18 (A) through (C).
19 ‘‘(5) The Board shall elect a chairperson and
20 vice chairperson, other than the Chief Executive Offi-
21 cer of Amtrak, from among its membership. The vice
22 chairperson shall act as chairperson in the absence of
23 the chairperson.
24 ‘‘(6) The Board shall meet at least annually
25 with—
† HR 3684 EAS
706
1 ‘‘(A) representatives of Amtrak employees;
2 ‘‘(B) representatives of persons with disabil-
3 ities; and
4 ‘‘(C) the general public, in an open meeting
5 with a virtual attendance option, to discuss fi-
6 nancial performance and service results.’’.
7 (b) RULE OF CONSTRUCTION.—None of the amend-
8 ments made by subsection (a) may be construed as affecting
9 the term of any director serving on the Amtrak Board of
10 Directors under section 24302(a)(1)(C) of title 49, United
11 States Code, as of the date of enactment of this Act.
12 SEC. 22203. STATION AGENTS.
† HR 3684 EAS
707
1 ‘‘(B) where at least 1 Amtrak ticket agent
2 was employed on or after October 1, 2017; and
3 ‘‘(C) for which an average of 40 passengers
4 boarded or deboarded an Amtrak train per day
5 during all of the days in fiscal year 2017 when
6 the station was serviced by Amtrak, regardless of
7 the number of Amtrak trains servicing the sta-
8 tion per day.
9 ‘‘(2) EXCEPTION.—Paragraph (1) shall not
10 apply to any station building in which a commuter
11 rail ticket agent has the authority to sell Amtrak tick-
12 ets.’’.
13 SEC. 22204. INCREASING OVERSIGHT OF CHANGES TO AM-
15 INTERCITY SERVICES.
† HR 3684 EAS
708
1 (b) 5-YEAR BUSINESS LINE PLANS.—Section
2 24320(b)(2) of title 49, United States Code, is amended—
3 (1) by redesignating subparagraphs (B) through
4 (L) as subparagraphs (C) through (M), respectively;
5 and
6 (2) by inserting after subparagraph (A) the fol-
7 lowing:
8 ‘‘(B) a detailed description of any plans to
9 permanently change a route’s or service’s fre-
10 quency or station stops for the service line;’’.
11 SEC. 22205. IMPROVED OVERSIGHT OF AMTRAK ACCOUNT-
12 ING.
† HR 3684 EAS
709
1 as necessary, to support the Northeast Corridor and
2 the National Network.
3 ‘‘(2) NOTIFICATION OF SUBSTANTIVE
† HR 3684 EAS
710
1 ‘‘(1) IN GENERAL.—Amtrak, in consultation
2 with the Secretary of Transportation, shall maintain
3 and implement any account structures and improve-
4 ments defined under subsection (b) to enable Amtrak
5 to produce sources and uses statements for each of the
6 service lines described in section 24320(b)(1) and, as
7 appropriate, each of the asset lines described in sec-
8 tion 24320(c)(1), that identify sources and uses of
9 revenues, appropriations, and transfers between ac-
10 counts.
11 ‘‘(2) UPDATED SOURCES AND USES STATE-
† HR 3684 EAS
711
1 ment of the Passenger Rail Reform and Investment Act of
2 2015,’’.
3 (b) GRANT PROCESS AND REPORTING.—Section 24319
4 of title 49, United States Code, is amended—
5 (1) in the section heading, by inserting ‘‘and
6 reporting’’ after ‘‘process’’;
7 (2) by amending subsection (a) to read as fol-
8 lows:
9 ‘‘(a) PROCEDURES FOR GRANT REQUESTS.—The Sec-
10 retary of Transportation shall—
11 ‘‘(1) establish and maintain substantive and
12 procedural requirements, including schedules, for
13 grant requests under this section; and
14 ‘‘(2) report any changes to such procedures to—
15 ‘‘(A) the Committee on Commerce, Science,
16 and Transportation of the Senate;
17 ‘‘(B) the Committee on Appropriations of
18 the Senate;
19 ‘‘(C) the Committee on Transportation and
20 Infrastructure of the House of Representatives;
21 and
22 ‘‘(D) the Committee on Appropriations of
23 the House of Representatives.’’;
† HR 3684 EAS
712
1 (3) in subsection (b), by striking ‘‘grant re-
2 quests’’ and inserting ‘‘a grant request annually, or
3 as additionally required,’’;
4 (4) by amending subsection (c) to read as fol-
5 lows:
6 ‘‘(c) CONTENTS.—
7 ‘‘(1) IN GENERAL.—Each grant request under
8 subsection (b) shall, as applicable—
9 ‘‘(A) categorize and identify, by source, the
10 Federal funds and program income that will be
11 used for the upcoming fiscal year for each of the
12 Northeast Corridor and National Network in 1 of
13 the categories or subcategories set forth in para-
14 graph (2);
15 ‘‘(B) describe the operations, services, pro-
16 grams, projects, and other activities to be funded
17 within each of the categories set forth in para-
18 graph (2), including—
19 ‘‘(i) the estimated scope, schedule, and
20 budget necessary to complete each project
21 and program; and
22 ‘‘(ii) the performance measures used to
23 quantify expected and actual project out-
24 comes and benefits, aggregated by fiscal
† HR 3684 EAS
713
1 year, project milestone, and any other ap-
2 propriate grouping; and
3 ‘‘(C) describe the status of efforts to improve
4 Amtrak’s safety culture.
5 ‘‘(2) GRANT CATEGORIES.—
† HR 3684 EAS
714
1 ‘‘(i) normalized capital replacement
2 programs, including regularly recurring
3 work programs implemented on a system-
4 atic basis on classes of physical railroad as-
5 sets, such as track, structures, electric trac-
6 tion and power systems, rolling stock, and
7 communications and signal systems, to
8 maintain and sustain the condition and
9 performance of such assets to support con-
10 tinued railroad operations;
11 ‘‘(ii) improvement projects to support
12 service and safety enhancements, including
13 discrete projects implemented in accordance
14 with a fixed scope, schedule, and budget
15 that result in enhanced or new infrastruc-
16 ture, equipment, or facilities;
17 ‘‘(iii) backlog capital replacement
18 projects, including discrete projects imple-
19 mented in accordance with a fixed scope,
20 schedule, and budget that primarily replace
21 or rehabilitate major infrastructure assets,
22 including tunnels, bridges, stations, and
23 similar assets, to reduce the state of good re-
24 pair backlog on the Amtrak network;
† HR 3684 EAS
715
1 ‘‘(iv) strategic initiative projects, in-
2 cluding discrete projects implemented in ac-
3 cordance with a fixed scope, schedule, and
4 budget that primarily improve overall oper-
5 ational performance, lower costs, or other-
6 wise improve Amtrak’s corporate efficiency;
7 and
8 ‘‘(v) statutory, regulatory, or other le-
9 gally mandated projects, including discrete
10 projects implemented in accordance with a
11 fixed scope, schedule, and budget that enable
12 Amtrak to fulfill specific legal or regulatory
13 mandates.
14 ‘‘(D) CONTINGENCY.—A grant request to use
15 Federal funds for operating and capital expense
16 contingency shall include—
17 ‘‘(i) contingency levels for specified ac-
18 tivities and operations; and
19 ‘‘(ii) a process for the utilization of
20 such contingency.
21 ‘‘(3) MODIFICATION OF CATEGORIES.—The Sec-
22 retary of Transportation and Amtrak may jointly
23 agree to modify the categories set forth in paragraph
24 (2) if such modifications are necessary to improve the
† HR 3684 EAS
716
1 transparency, oversight, or delivery of projects funded
2 through grant requests under this section.’’;
3 (5) in subsection (d)(1)(A)—
4 (A) by inserting ‘‘complete’’ after ‘‘submits
5 a’’;
6 (B) by striking ‘‘shall complete’’ and insert-
7 ing ‘‘shall finish’’; and
8 (C) in clause (ii), by striking ‘‘incomplete
9 or’’;
10 (6) in subsection (e)—
11 (A) in paragraph (1)—
12 (i) by striking ‘‘and other activities to
13 be funded by the grant’’ and inserting ‘‘pro-
14 grams, projects, and other activities to be
15 funded by the grant, consistent with the cat-
16 egories required for Amtrak in a grant re-
17 quest under subsection (c)(1)(A)’’; and
18 (ii) by striking ‘‘or activities’’ and in-
19 serting ‘‘programs, projects, and other ac-
20 tivities’’; and
21 (B) in paragraph (3)—
22 (i) by redesignating subparagraphs (A)
23 and (B) as subparagraphs (B) and (C), re-
24 spectively; and
† HR 3684 EAS
717
1 (ii) by inserting before subparagraph
2 (B), as redesignated, the following:
3 ‘‘(A) using an otherwise allowable approach
4 to the method prescribed for a specific project or
5 category of projects under paragraph (2) if the
6 Secretary and Amtrak agree that a different
7 payment method is necessary to more success-
8 fully implement and report on an operation,
9 service, program, project, or other activity;’’;
10 (7) by redesignating subsection (h) as subsection
11 (j); and
12 (8) by inserting after subsection (g) the fol-
13 lowing:
14 ‘‘(h) APPLICABLE LAWS AND REGULATIONS.—
15 ‘‘(1) SINGLE AUDIT ACT OF 1984.—Notwith-
† HR 3684 EAS
718
1 ‘‘(i) AMTRAK GRANT REPORTING.—The Secretary of
2 Transportation shall determine the varying levels of detail
3 and information that will be included in reports for oper-
4 ations, services, program, projects, program income, cash
5 on hand, and other activities within each of the grant cat-
6 egories described in subsection (c)(2).’’.
7 (c) CONFORMING AMENDMENTS.—
8 (1) REPORTS AND AUDITS.—Section 24315(b)(1)
9 of title 49, United States Code, is amended—
10 (A) in subparagraph (A), by striking ‘‘the
11 goal of section 24902(b) of this title; and’’ and
12 inserting ‘‘the goal described in section
13 24902(a);’’;
14 (B) in subparagraph (B), by striking the
15 period at the end and inserting ‘‘; and’’; and
16 (C) by adding at the end the following:
17 ‘‘(C) shall incorporate the category de-
18 scribed in section 24319(c)(2)(C).’’.
19 (2) CLERICAL AMENDMENT.—The analysis for
20 chapter 243 of title 49, United States Code, is amend-
21 ed by striking the item relating to section 24319 and
22 inserting the following:
‘‘24319. Grant process and reporting.’’.
† HR 3684 EAS
719
1 SEC. 22207. INCREASING SERVICE LINE AND ASSET LINE
2 PLAN TRANSPARENCY.
† HR 3684 EAS
721
1 (iv) in subparagraph (F) (as redesig-
2 nated by section 22204(b)(1)), by striking
3 ‘‘profit and loss’’ and inserting ‘‘sources
4 and uses’’;
5 (v) by striking subparagraph (G) (as
6 redesignated by section 22204(b)(1));
7 (vi) by redesignating subparagraphs
8 (H) through (M) (as redesignated by section
9 22204(b)(1)) as subparagraphs (G) through
10 (L), respectively; and
11 (vii) by amending subparagraph (I)
12 (as so redesignated) to read as follows:
13 ‘‘(I) financial performance for each route, if
14 deemed applicable by the Secretary, within each
15 service line, including descriptions of the cash
16 operating loss or contribution;’’;
17 (D) in paragraph (3)—
18 (i) in the paragraph heading, by strik-
19 ing ‘‘BUSINESS’’ and inserting ‘‘SERVICE’’;
20 (ii) by striking ‘‘business’’ each place
21 such term appears and inserting ‘‘service’’;
22 (iii) by redesignating subparagraphs
23 (A), (B), (C), and (D) as clauses (i), (ii),
24 (iii), and (iv), respectively, and moving
25 such clauses 2 ems to the right;
† HR 3684 EAS
722
1 (iv) by inserting before clause (i), as
2 redesignated, the following:
3 ‘‘(A) not later than 180 days after the date
4 of enactment of the Passenger Rail Expansion
5 and Rail Safety Act of 2021, submit to the Sec-
6 retary, for approval, a consultation process for
7 the development of each service line plan that re-
8 quires Amtrak to—’’;
9 (v) in subparagraph (A), as amended
10 by clause (iv)—
11 (I) in clause (iii), as redesignated,
12 by inserting ‘‘and submit the final
13 service line plan required under sub-
14 section (a)(1) to the State-Supported
15 Route Committee’’ before the semicolon
16 at the end;
17 (II) in clause (iv), as redesig-
18 nated, by inserting ‘‘and’’ after the
19 semicolon at the end; and
20 (III) by adding at the end the fol-
21 lowing:
22 ‘‘(v) for the infrastructure access serv-
23 ice line plan, consult with the Northeast
24 Corridor Commission and other entities, as
25 appropriate, and submit the final asset line
† HR 3684 EAS
723
1 plan under subsection (a)(1) to the North-
2 east Corridor Commission;’’; and
3 (vi) by redesignating subparagraphs
4 (E) and (F) as subparagraphs (B) and (C),
5 respectively;
6 (E) by redesignating paragraph (4) as
7 paragraph (5); and
8 (F) by inserting after paragraph (3)(C), as
9 redesignated, the following:
10 ‘‘(4) 5-YEAR SERVICE LINE PLANS UPDATES.—
† HR 3684 EAS
724
1 of the following asset categories’’ and insert-
2 ing ‘‘asset line plan for each of the following
3 asset lines’’;
4 (iii) by redesignating subparagraphs
5 (A), (B), (C), and (D) as subparagraphs
6 (B), (C), (D), and (E), respectively;
7 (iv) by inserting before subparagraph
8 (B), as redesignated, the following:
9 ‘‘(A) Transportation, including activities
10 and resources associated with the operation and
11 movement of Amtrak trains, onboard services,
12 and amenities.’’;
13 (v) in subparagraph (B), as redesig-
14 nated, by inserting ‘‘and maintenance-of-
15 way equipment’’ after ‘‘facilities’’; and
16 (vi) in subparagraph (C), as redesig-
17 nated, by striking ‘‘Passenger rail equip-
18 ment’’ and inserting ‘‘Equipment’’;
19 (C) in paragraph (2)—
20 (i) in the paragraph heading, by in-
21 serting ‘‘LINE’’ after ‘‘ASSET’’;
22 (ii) in the matter preceding subpara-
23 graph (A), by inserting ‘‘line’’ after ‘‘asset’’;
24 (iii) in subparagraph (A), by striking
25 ‘‘category’’ and inserting ‘‘line’’;
† HR 3684 EAS
725
1 (iv) in subparagraph (C)(iii)(III), by
2 striking ‘‘and’’ at the end;
3 (v) by amending subparagraph (D) to
4 read as follows:
5 ‘‘(D) annual sources and uses statements
6 and forecasts for each asset line; and’’; and
7 (vi) by adding at the end the following:
8 ‘‘(E) other elements that Amtrak elects to
9 include.’’;
10 (D) in paragraph (3)—
11 (i) in the paragraph heading, by in-
12 serting ‘‘LINE’’ after ‘‘ASSET’’;
13 (ii) by redesignating subparagraphs
14 (A) and (B) as clauses (i) and (ii) and
15 moving such clauses 2 ems to the right;
16 (iii) by inserting before clause (i), as
17 redesignated, the following:
18 ‘‘(A) not later than 180 days after the date
19 of enactment of the Passenger Rail Expansion
20 and Rail Safety Act of 2021, submit to the Sec-
21 retary, for approval, a consultation process for
22 the development of each asset line plan that re-
23 quires Amtrak to—’’;
24 (iv) in subparagraph (A), as added by
25 clause (iii)—
† HR 3684 EAS
726
1 (I) in clause (i), as redesig-
2 nated—
3 (aa) by striking ‘‘business’’
4 each place such term appears and
5 inserting ‘‘service’’;
6 (bb) by inserting ‘‘line’’ after
7 ‘‘asset’’ each place such term ap-
8 pears; and
9 (cc) by adding ‘‘and’’ at the
10 end; and
11 (II) in clause (ii), as redesig-
12 nated—
13 (aa) by inserting ‘‘consult
14 with the Secretary of Transpor-
15 tation in the development of asset
16 line plans and,’’ before ‘‘as appli-
17 cable’’; and
18 (bb) by inserting ‘‘line’’ after
19 ‘‘5-year asset’’;
20 (v) by redesignating subparagraph (C)
21 as subparagraph (B); and
22 (vi) in subparagraph (B), as redesig-
23 nated, by striking ‘‘category’’ and inserting
24 ‘‘line’’;
† HR 3684 EAS
727
1 (E) by redesignating paragraphs (4), (5),
2 (6), and (7) as paragraphs (5), (6), (7), and (8),
3 respectively;
4 (F) by inserting after paragraph (3) the fol-
5 lowing:
6 ‘‘(4) 5-YEAR ASSET LINE PLAN UPDATES.—Am-
† HR 3684 EAS
728
1 (c) EFFECTIVE DATES.—Section 11203(b) of the Pas-
2 senger Rail Reform and Investment Act of 2015 (49 U.S.C.
3 24320 note) is amended—
4 (1) by striking ‘‘business’’ each place such term
5 appears and inserting ‘‘service’’; and
6 (2) by inserting ‘‘line’’ after ‘‘asset’’ each place
7 such term appears.
8 SEC. 22208. PASSENGER EXPERIENCE ENHANCEMENT.
† HR 3684 EAS
729
1 ‘‘(A) Amtrak;
2 ‘‘(B) the labor organizations representing
3 Amtrak employees who prepare or provide on-
4 board food and beverage service;
5 ‘‘(C) nonprofit organizations representing
6 Amtrak passengers; and
7 ‘‘(D) States that are providing funding for
8 State-supported routes.
9 ‘‘(b) REPORT.—Not later than 1 year after the estab-
10 lishment of the working group pursuant to subsection (a),
11 the working group shall submit a report to the Committee
12 on Commerce, Science, and Transportation of the Senate
13 and the Committee on Transportation and Infrastructure
14 of the House of Representatives containing recommenda-
15 tions for improving Amtrak’s food and beverage service, in-
16 cluding—
17 ‘‘(1) ways to improve the financial performance
18 of Amtrak;
19 ‘‘(2) ways to increase and retain ridership;
20 ‘‘(3) the differing needs of passengers traveling
21 on long-distance routes, State supported routes, and
22 the Northeast Corridor;
23 ‘‘(4) Amtrak passenger survey data about the
24 food and beverages offered on Amtrak trains;
† HR 3684 EAS
730
1 ‘‘(5) ways to incorporate local food and beverage
2 items on State-supported routes; and
3 ‘‘(6) any other issue that the working group de-
4 termines to be appropriate.
5 ‘‘(c) IMPLEMENTATION.—Not later than 180 days after
6 the submission of the report pursuant to subsection (b), Am-
7 trak shall submit a plan for implementing the recommenda-
8 tions of the working group, and an explanation for any of
9 the working group’s recommendations it does not agree with
10 and does not plan on implementing to the Committee on
11 Commerce, Science, and Transportation of the Senate and
12 the Committee on Transportation and Infrastructure of the
13 House of Representatives.
14 ‘‘(d) SAVINGS CLAUSE.—Amtrak shall ensure that no
15 Amtrak employee who held a position on a long-distance
16 or Northeast Corridor route as of the date of enactment of
17 the Passenger Rail Expansion and Rail Safety Act of 2021,
18 is involuntarily separated because of the development and
19 implementation of the plan required under this section.’’.
20 (2) CLERICAL AMENDMENT.—The analysis for
21 chapter 243 of title 49, United States Code, is amend-
22 ed by striking the item relating to section 24321 and
23 inserting the following:
‘‘24321. Food and beverage service.’’.
† HR 3684 EAS
731
1 SEC. 22209. AMTRAK SMOKING POLICY.
18 RURAL COMMUNITIES.
† HR 3684 EAS
732
1 (3) by inserting after subsection (a) the fol-
2 lowing:
3 ‘‘(b) DISCONTINUANCE OR SUBSTANTIAL ALTERATION
4 OF LONG-DISTANCE ROUTES.—Except as provided in sub-
5 section (c), in an emergency, or during maintenance or con-
6 struction outages impacting Amtrak routes, Amtrak may
7 not discontinue, reduce the frequency of, suspend, or sub-
8 stantially alter the route of rail service on any segment of
9 any long-distance route in any fiscal year in which Amtrak
10 receives adequate Federal funding for such route on the Na-
11 tional Network.’’; and
12 (4) by inserting after subsection (c), as redesig-
13 nated, the following:
14 ‘‘(d) CONGRESSIONAL NOTIFICATION OF DISCONTINU-
15 ANCE.—Except as provided in subsection (c), not later than
16 210 days before discontinuing service over a route, Amtrak
17 shall give written notice of such discontinuance to all of
18 the members of Congress representing any State or district
19 in which the discontinuance would occur.’’.
20 SEC. 22211. STATE-SUPPORTED ROUTE COMMITTEE.
† HR 3684 EAS
733
1 Reform and Investment Act of 2015, the Sec-
2 retary of Transportation shall establish’’ and in-
3 serting ‘‘There is established’’; and
4 (B) by inserting ‘‘current and future’’ before
5 ‘‘rail operations’’;
6 (2) by redesignating paragraphs (4), (5), and (6)
7 as paragraphs (5), (6), and (7), respectively;
8 (3) by inserting after paragraph (3) the fol-
9 lowing:
10 ‘‘(4) ABILITY TO CONDUCT CERTAIN BUSINESS.—
† HR 3684 EAS
734
1 (A) in the paragraph heading, by striking
2 ‘‘ALLOCATION METHODOLOGY’’ and inserting
3 ‘‘METHODOLOGY POLICY’’;
10 POLICY.—
† HR 3684 EAS
735
1 policy and plans for implementation of such
2 policy, including a description of the im-
3 provements to the accounting information
4 provided by Amtrak to the States, to the
5 Committee on Commerce, Science, and
6 Transportation of the Senate and the Com-
7 mittee on Transportation and Infrastruc-
8 ture of the House of Representatives. The re-
9 vised cost methodology policy shall ensure
10 that States will be responsible for costs at-
11 tributable to the provision of service for
12 their routes.
13 ‘‘(ii) IMPLEMENTATION IMPACTS ON
† HR 3684 EAS
736
1 ‘‘(iii) PROCEDURES FOR CHANGING
2 METHODOLOGY.—Notwithstanding section
3 209(b) of the Passenger Rail Investment
4 and Improvement Act of 2008 (49 U.S.C.
5 20901 note), the rules and procedures im-
6 plemented pursuant to paragraph (5) shall
7 include—
8 ‘‘(I) procedures for changing the
9 cost methodology policy in accordance
10 with clause (i); and
11 ‘‘(II) procedures or broad guide-
12 lines for conducting financial plan-
13 ning, including operating and capital
14 forecasting, reporting, data sharing,
15 and governance.’’;
16 (D) in subparagraph (C)—
17 (i) in the matter preceding clause (i),
18 by striking ‘‘allocation methodology’’ and
19 inserting ‘‘methodology policy’’;
20 (ii) in clause (i), by striking ‘‘and’’ at
21 the end;
22 (iii) in clause (ii)—
23 (I) by striking ‘‘allocate’’ and in-
24 serting ‘‘assign’’; and
† HR 3684 EAS
737
1 (II) by striking the period and in-
2 serting ‘‘; and’’; and
3 (iv) by adding at the end the following:
4 ‘‘(iii) promote increased efficiency in
5 Amtrak’s operating and capital activities.’’;
6 and
7 (E) by adding at the end the following:
8 ‘‘(D) INDEPENDENT EVALUATION.—Not
† HR 3684 EAS
738
1 ‘‘(A) IN GENERAL.—The Committee shall
2 determine the frequency and contents of—
3 ‘‘(i) the financial and performance re-
4 ports that Amtrak is required to provide to
5 the Committee and the States; and
6 ‘‘(ii) the planning and demand reports
7 that the States are required to provide to
8 the Committee and Amtrak.
9 ‘‘(B) MONTHLY STATISTICAL REPORT.—
† HR 3684 EAS
739
1 (A) by striking ‘‘(a)(4)’’ and inserting
2 ‘‘(a)(5)’’; and
3 (B) by striking ‘‘(a)(6)’’ and inserting
4 ‘‘(a)(7)’’; and
5 (2) in paragraph (4), by inserting ‘‘related to a
6 State-supported route that a State sponsors that is’’
7 after ‘‘amount’’.
8 (d) PERFORMANCE METRICS.—Section 24712(e) of
9 title 49, United States Code, is amended by inserting ‘‘,
10 including incentives to increase revenue, reduce costs, final-
11 ize contracts by the beginning of the fiscal year, and require
12 States to promptly make payments for services delivered’’
13 before the period at the end.
14 (e) STATEMENT OF GOALS AND OBJECTIVES.—Section
15 24712(f) of title 49, United States Code, is amended—
16 (1) in paragraph (1), by inserting ‘‘, and review
17 and update, as necessary,’’ after ‘‘shall develop’’;
18 (2) in paragraph (2), by striking ‘‘Not later than
19 2 years after the date of enactment of the Passenger
20 Rail Reform and Investment Act of 2015, the Com-
21 mittee shall transmit the statement’’ and inserting
22 ‘‘As applicable, based on updates, the Committee shall
23 submit an updated statement’’; and
24 (3) by adding at the end the following:
† HR 3684 EAS
740
1 ‘‘(3) SENSE OF CONGRESS.—It is the sense of
2 Congress that—
3 ‘‘(A) the Committee shall be the forum
4 where Amtrak and the States collaborate on the
5 planning, improvement, and development of cor-
6 ridor routes across the National Network; and
7 ‘‘(B) such collaboration should include reg-
8 ular consultation with interstate rail compact
9 parties and other regional planning organiza-
10 tions that address passenger rail.’’.
11 (f) OTHER REFORMS RELATED TO STATE-SUPPORTED
12 ROUTES.—Section 24712 of title 49, United States Code,
13 as amended by subsections (a) through (e), is further
14 amended—
15 (1) by redesignating subsections (g) and (h) as
16 subsections (k) and (l), respectively; and
17 (2) by inserting after subsection (f) the following:
18 ‘‘(g) NEW STATE-SUPPORTED ROUTES.—
19 ‘‘(1) CONSULTATION.—In developing a new
20 State-supported route, Amtrak shall consult with—
21 ‘‘(A) the State or States and local munici-
22 palities through which such new service would
23 operate;
† HR 3684 EAS
741
1 ‘‘(B) commuter authorities and regional
2 transportation authorities in the areas that
3 would be served by the planned route;
4 ‘‘(C) host railroads;
5 ‘‘(D) the Administrator of the Federal Rail-
6 road Administration; and
7 ‘‘(E) other stakeholders, as appropriate.
8 ‘‘(2) STATE COMMITMENTS.—Notwithstanding
† HR 3684 EAS
742
1 shall apply in the same manner as such terms apply
2 under the cost methodology policy developed pursuant
3 to subsection (a)(7).
4 ‘‘(h) COST METHODOLOGY POLICY UPDATE IMPLE-
5 MENTATION REPORT.—Not later than 18 months after the
6 updated cost methodology policy required under subsection
7 (a)(7)(B) is implemented, the Committee shall submit a re-
8 port to the Committee on Commerce, Science, and Trans-
9 portation of the Senate and the Committee on Transpor-
10 tation and Infrastructure of the House of Representatives
11 that assesses the implementation of the updated policy.
12 ‘‘(i) IDENTIFICATION OF STATE-SUPPORTED ROUTE
13 CHANGES.—Amtrak shall—
14 ‘‘(1) not later than 120 days before the submis-
15 sion of the general and legislative annual report re-
16 quired under section 24315(b), consult with the Com-
17 mittee and any additional States through which a
18 State-supported route may operate regarding any
19 proposed changes to such route; and
20 ‘‘(2) include in such report an update of any
21 planned or proposed changes to State-supported
22 routes, including the introduction of new State-sup-
23 ported routes, including—
24 ‘‘(A) the timeframe in which such changes
25 would take effect; and
† HR 3684 EAS
743
1 ‘‘(B) whether Amtrak has entered into com-
2 mitments with the affected States pursuant sub-
3 section (g)(2).
4 ‘‘(j) ECONOMIC ANALYSIS.—Not later than 3 years
5 after the date of enactment of the Passenger Rail Expansion
6 and Rail Safety Act of 2021, the Committee shall submit
7 a report to the Committee on Commerce, Science, and
8 Transportation of the Senate and the Committee on Trans-
9 portation and Infrastructure of the House of Representa-
10 tives that—
11 ‘‘(1) describes the role of the State-supported
12 routes in economic development; and
13 ‘‘(2) examines the impacts of the State-supported
14 routes on local station areas, job creation, transpor-
15 tation efficiency, State economies, and the national
16 economy.’’.
17 SEC. 22212. ENHANCING CROSS BORDER SERVICE.
† HR 3684 EAS
744
1 frastructure of the House of Representatives regarding en-
2 hancing Amtrak passenger rail service between the United
3 States and Canada that—
4 (1) identifies challenges to Amtrak operations in
5 Canada, including delays associated with custom and
6 immigration inspections in both the United States
7 and Canada; and
8 (2) includes recommendations to improve such
9 cross border service, including the feasibility of and
10 costs associated with a preclearance facility or facili-
11 ties.
12 (b) ASSISTANCE AND SUPPORT.—The Secretary, the
13 Secretary of State, and the Secretary of Homeland Security
14 may provide assistance and support requested by Amtrak
15 that is necessary to carry out this section, as determined
16 appropriate by the respective Secretary.
17 SEC. 22213. CREATING QUALITY JOBS.
† HR 3684 EAS
745
1 employee in a bargaining unit covered by a collective bar-
2 gaining agreement entered into between Amtrak and an or-
3 ganization representing Amtrak employees during the pe-
4 riod such employee has been laid off and has not been re-
5 called to perform such work.
6 ‘‘(e) AGREEMENT PROHIBITIONS ON CONTRACTING
7 OUT.—This section does not—
8 ‘‘(1) supersede a prohibition or limitation on
9 contracting out work covered by an agreement entered
10 into between Amtrak and an organization rep-
11 resenting Amtrak employees; or
12 ‘‘(2) prohibit Amtrak and an organization rep-
13 resenting Amtrak employees from entering into an
14 agreement that allows for contracting out the work of
15 a furloughed employee that would otherwise be prohib-
16 ited under subsection (d).’’.
17 SEC. 22214. AMTRAK DAILY LONG-DISTANCE SERVICE
18 STUDY.
† HR 3684 EAS
746
1 (2) any Amtrak long-distance routes that, as of
2 the date of enactment of this Act, occur on a nondaily
3 basis.
4 (b) INCLUSIONS.—The study under subsection (a)
5 shall—
6 (1) evaluate all options for restoring or enhanc-
7 ing to daily-basis intercity rail passenger service
8 along each Amtrak route described in that subsection;
9 (2) select a preferred option for restoring or en-
10 hancing the service described in paragraph (1);
11 (3) develop a prioritized inventory of capital
12 projects and other actions that are required to restore
13 or enhance the service described in paragraph (1), in-
14 cluding cost estimates for those projects and actions;
15 (4) develop recommendations for methods by
16 which Amtrak could work with local communities and
17 organizations to develop activities and programs to
18 continuously improve public use of intercity pas-
19 senger rail service along each route; and
20 (5) identify Federal and non-Federal funding
21 sources required to restore or enhance the service de-
22 scribed in paragraph (1), including—
23 (A) increased Federal funding for Amtrak
24 based on applicable reductions or
25 discontinuations in service; and
† HR 3684 EAS
747
1 (B) options for entering into public-private
2 partnerships to restore that service.
3 (c) OTHER FACTORS WHEN CONSIDERING EXPAN-
4 SIONS.—In evaluating intercity passenger rail routes under
5 this section, the Secretary may evaluate potential new Am-
6 trak long-distance routes, including with specific attention
7 provided to routes in service as of April 1971 but not con-
8 tinued by Amtrak, taking into consideration whether those
9 new routes would—
10 (1) link and serve large and small communities
11 as part of a regional rail network;
12 (2) advance the economic and social well-being of
13 rural areas of the United States;
14 (3) provide enhanced connectivity for the na-
15 tional long-distance passenger rail system; and
16 (4) reflect public engagement and local and re-
17 gional support for restored passenger rail service.
18 (d) CONSULTATION.—In conducting the study under
19 this section, the Secretary shall consult, through working
20 groups or other forums as the Secretary determines to be
21 appropriate, with—
22 (1) Amtrak;
23 (2) each State along a relevant route;
24 (3) regional transportation planning organiza-
25 tions and metropolitan planning organizations, mu-
† HR 3684 EAS
748
1 nicipalities, and communities along those relevant
2 routes, to be selected by the Secretary;
3 (4) host railroad carriers the tracks of which
4 may be used for a service described in subsection (a);
5 (5) organizations representing onboard Amtrak
6 employees;
7 (6) nonprofit organizations representing Amtrak
8 passengers;
9 (7) relevant regional passenger rail authorities
10 and federally recognized Indian Tribes; and
11 (8) such other entities as the Secretary may se-
12 lect.
13 (e) REPORT.—Not later than 2 years after the date of
14 enactment of this Act, the Secretary shall submit to the
15 Committee on Commerce, Science, and Transportation of
16 the Senate and the Committee on Transportation and In-
17 frastructure of the House of Representatives a report that
18 includes—
19 (1) the preferred options selected under sub-
20 section (b)(2), including the reasons for selecting each
21 option;
22 (2) the information described in subsection
23 (b)(3);
24 (3) the funding sources identified pursuant to
25 subsection (b)(5);
† HR 3684 EAS
749
1 (4) the estimated costs and public benefits of re-
2 storing or enhancing intercity rail passenger trans-
3 portation in the region impacted for each relevant
4 Amtrak route; and
5 (5) any other information the Secretary deter-
6 mines to be appropriate.
7 (f) FUNDING.—There are authorized to be appro-
8 priated to the Secretary to conduct the study under this
9 section and to carry out the consultations required by sub-
10 section (d)—
11 (1) $7,500,000 for fiscal year 2022; and
12 (2) $7,500,000 for fiscal year 2023.
13 Subtitle C—Intercity Passenger
14 Rail Policy
15 SEC. 22301. NORTHEAST CORRIDOR PLANNING.
† HR 3684 EAS
750
1 ‘‘(1) IN GENERAL.—Not later than March 31,
2 2022, the Northeast Corridor Commission established
3 under section 24905 (referred to in this section as the
4 ‘Commission’) shall submit a service development
5 plan to Congress.
6 ‘‘(2) CONTENTS.—The plan required under para-
7 graph (1) shall—
8 ‘‘(A) identify key state-of-good-repair, ca-
9 pacity expansion, and capital improvement
10 projects planned for the Northeast Corridor;
11 ‘‘(B) provide a coordinated and consensus-
12 based plan covering a 15-year period;
13 ‘‘(C) identify service objectives and the cap-
14 ital investments required to meet such objectives;
15 ‘‘(D) provide a delivery-constrained strategy
16 that identifies—
17 ‘‘(i) capital investment phasing;
18 ‘‘(ii) an evaluation of workforce needs;
19 and
20 ‘‘(iii) strategies for managing resources
21 and mitigating construction impacts on op-
22 erations; and
23 ‘‘(E) include a financial strategy that iden-
24 tifies funding needs and potential funding
25 sources.
† HR 3684 EAS
751
1 ‘‘(3) UPDATES.—The Commission shall update
2 the service development plan not less frequently than
3 once every 5 years.
4 ‘‘(b) NORTHEAST CORRIDOR CAPITAL INVESTMENT
5 PLAN.—
6 ‘‘(1) IN GENERAL.—Not later than November 1 of
7 each year, the Commission shall—
8 ‘‘(A) develop an annual capital investment
9 plan for the Northeast Corridor; and
10 ‘‘(B) submit the capital investment plan
11 to—
12 ‘‘(i) the Secretary of Transportation;
13 ‘‘(ii) the Committee on Commerce,
14 Science, and Transportation of the Senate;
15 and
16 ‘‘(iii) the Committee on Transpor-
17 tation and Infrastructure of the House of
18 Representatives.
19 ‘‘(2) CONTENTS.—The plan required under para-
20 graph (1) shall—
21 ‘‘(A) reflect coordination across the entire
22 Northeast Corridor;
23 ‘‘(B) integrate the individual capital plans
24 developed by Amtrak, States, and commuter au-
25 thorities in accordance with the cost allocation
† HR 3684 EAS
752
1 policy developed and approved under section
2 24905(c);
3 ‘‘(C) cover a period of 5 fiscal years, begin-
4 ning with the fiscal year during which the plan
5 is submitted;
6 ‘‘(D) notwithstanding section 24902(b), doc-
7 ument the projects and programs being under-
8 taken to advance the service objectives and cap-
9 ital investments identified in the Northeast Cor-
10 ridor service development plan developed under
11 subsection (a), and the asset condition needs
12 identified in the Northeast Corridor asset man-
13 agement plans, after considering—
14 ‘‘(i) the benefits and costs of capital in-
15 vestments in the plan;
16 ‘‘(ii) project and program readiness;
17 ‘‘(iii) the operational impacts; and
18 ‘‘(iv) Federal and non-Federal funding
19 availability;
20 ‘‘(E) categorize capital projects and pro-
21 grams as primarily associated with 1 of the cat-
22 egories listed under section 24319(c)(2)(C);
23 ‘‘(F) identify capital projects and programs
24 that are associated with more than 1 category
25 described in subparagraph (E); and
† HR 3684 EAS
753
1 ‘‘(G) include a financial plan that identi-
2 fies—
3 ‘‘(i) funding sources and financing
4 methods;
5 ‘‘(ii) the status of cost sharing agree-
6 ments pursuant to the cost allocation policy
7 developed under section 24905(c);
8 ‘‘(iii) the projects and programs that
9 the Commission expects will receive Federal
10 financial assistance; and
11 ‘‘(iv) the eligible entity or entities that
12 the Commission expects—
13 ‘‘(I) to receive the Federal finan-
14 cial assistance referred to in clause
15 (iii); and
16 ‘‘(II) to implement each capital
17 project.
18 ‘‘(3) REVIEW AND COORDINATION.—The Commis-
19 sion shall require that the information described in
20 paragraph (2) be submitted in a timely manner to
21 allow for a reasonable period of review by, and co-
22 ordination with, affected agencies before the Commis-
23 sion submits the capital investment plan pursuant to
24 paragraph (1).’’;
† HR 3684 EAS
754
1 (4) in subsection (c), as redesignated, by striking
2 ‘‘spent only on—’’ and all that follows and inserting
3 ‘‘spent only on capital projects and programs con-
4 tained in the Commission’s capital investment plan
5 for the prior fiscal year.’’; and
6 (5) by amending subsection (d), as redesignated,
7 to read as follows:
8 ‘‘(d) NORTHEAST CORRIDOR CAPITAL ASSET MANAGE-
9 MENT SYSTEM.—
10 ‘‘(1) IN GENERAL.—Amtrak and other infra-
11 structure owners that provide or support intercity
12 rail passenger transportation along the Northeast
13 Corridor shall develop an asset management system
14 and use and update such system, as necessary, to de-
15 velop submissions to the Northeast Corridor capital
16 investment plan described in subsection (b).
17 ‘‘(2) FEATURES.—The system required under
18 paragraph (1) shall develop submissions that—
19 ‘‘(A) are consistent with the transit asset
20 management system (as defined in section
21 5326(a)(3)); and
22 ‘‘(B) include—
23 ‘‘(i) an inventory of all capital assets
24 owned by the developer of the plan;
† HR 3684 EAS
755
1 ‘‘(ii) an assessment of condition of such
2 capital assets;
3 ‘‘(iii) a description of the resources
4 and processes that will be necessary to bring
5 or to maintain such capital assets in a state
6 of good repair; and
7 ‘‘(iv) a description of changes in the
8 condition of such capital assets since the
9 submission of the prior version of the
10 plan.’’.
11 SEC. 22302. NORTHEAST CORRIDOR COMMISSION.
† HR 3684 EAS
756
1 (C) by adding at the end the following:
2 ‘‘(iii) progress in assessing and elimi-
3 nating the state-of-good-repair backlog.’’;
4 (3) in subsection (c)—
5 (A) in paragraph (1)—
6 (i) in the paragraph heading, by strik-
7 ing ‘‘DEVELOPMENT OF POLICY’’ and insert-
8 ing ‘‘POLICY’’;
9 (ii) in subparagraph (A), by striking
10 ‘‘develop a standardized policy’’ and insert-
11 ing ‘‘develop and maintain the standardized
12 policy first approved on September 17,
13 2015, and update, as appropriate,’’;
14 (iii) by amending subparagraph (B) to
15 read as follows:
16 ‘‘(B) develop timetables for implementing
17 and maintaining the policy;’’;
18 (iv) in subparagraph (C), by striking
19 ‘‘the policy and the timetable’’ and insert-
20 ing ‘‘updates to the policy and timetables’’;
21 and
22 (v) by amending subparagraph (D) to
23 read as follows:
24 ‘‘(D) support the efforts of the members of
25 the Commission to implement the policy in ac-
† HR 3684 EAS
757
1 cordance with the timetables developed pursuant
2 to subparagraph (B);’’;
3 (B) by amending paragraph (2) to read as
4 follows:
5 ‘‘(2) IMPLEMENTATION.—
6 ‘‘(A) IN GENERAL.—In accordance with the
7 timetables developed pursuant to paragraph
8 (1)(B), Amtrak and commuter authorities on the
9 Northeast Corridor shall implement the policy
10 developed under paragraph (1) in their agree-
11 ments for usage of facilities or services.
12 ‘‘(B) EFFECT OF FAILURE TO IMPLEMENT
† HR 3684 EAS
758
1 (C) in paragraph (4), by striking ‘‘public
2 authorities providing commuter rail passenger
3 transportation’’ and inserting ‘‘commuter au-
4 thorities’’; and
5 (4) in subsection (d)—
6 (A) by striking ‘‘2016 through 2020’’ and
7 inserting ‘‘2022 through 2026’’; and
8 (B) by striking ‘‘section 11101(g) of the
9 Passenger Rail Reform and Investment Act of
10 2015’’ and inserting ‘‘section 22101(e) of the
11 Passenger Rail Expansion and Rail Safety Act
12 of 2021’’.
13 SEC. 22303. CONSOLIDATED RAIL INFRASTRUCTURE AND
14 SAFETY IMPROVEMENTS.
† HR 3684 EAS
759
1 (D) by inserting after paragraph (7) the fol-
2 lowing:
3 ‘‘(8) An association representing 1 or more rail-
4 roads described in paragraph (7).’’;
5 ‘‘(9) A federally recognized Indian Tribe.’’;
6 (2) in subsection (c)—
7 (A) in paragraph (3), by adding ‘‘or safety’’
8 after ‘‘congestion’’;
9 (B) in paragraph (6), by striking ‘‘and’’
10 and inserting ‘‘or’’;
11 (C) by redesignating paragraphs (11) and
12 (12) as paragraphs (12) and (13), respectively;
13 (D) by inserting after paragraph (10) the
14 following:
15 ‘‘(11) The development and implementation of
16 measures to prevent trespassing and reduce associated
17 injuries and fatalities.’’; and
18 (E) by inserting after paragraph (13), as
19 redesignated, the following:
20 ‘‘(14) Research, development, and testing to ad-
21 vance and facilitate innovative rail projects, includ-
22 ing projects using electromagnetic guideways in an
23 enclosure in a very low-pressure environment.
† HR 3684 EAS
760
1 ‘‘(15) The preparation of emergency plans for
2 communities through which hazardous materials are
3 transported by rail.
4 ‘‘(16) Rehabilitating, remanufacturing, pro-
5 curing, or overhauling locomotives, provided that such
6 activities result in a significant reduction of emis-
7 sions.’’; and
8 (3) in subsection (h), by adding at the end the
9 following:
10 ‘‘(4) GRADE CROSSING AND TRESPASSING
† HR 3684 EAS
761
1 an alternative to construction or improvement of a
2 highway-rail grade crossing,’’ after ‘‘under chapter
3 227’’.
4 (2) APPLICABILITY.—The amendment made by
5 paragraph (1) shall apply to amounts remaining
6 under section 22907(l) of title 49, United States Code,
7 from appropriations for prior fiscal years.
8 SEC. 22304. RESTORATION AND ENHANCEMENT GRANTS.
† HR 3684 EAS
762
1 ‘‘(G) Amtrak or another rail carrier that
2 provides intercity rail passenger transportation;
3 ‘‘(H) any rail carrier in partnership with
4 at least 1 of the entities described in subpara-
5 graphs (A) through (F); and
6 ‘‘(I) any combination of the entities de-
7 scribed in subparagraphs (A) through (F).
8 ‘‘(2) OPERATING ASSISTANCE.—The term ‘oper-
9 ating assistance’, with respect to any route subject to
10 section 209 of the Passenger Rail Investment and Im-
11 provement Act of 2008 (Public Law 110–432), means
12 any cost allocated, or that may be allocated, to a
13 route pursuant to the cost methodology established
14 under such section or under section 24712.’’;
15 (2) in subsection (c)(3), by striking ‘‘3 years’’
16 each place such term appears and inserting ‘‘6
17 years’’;
18 (3) in subsection (d)—
19 (A) in paragraph (8), by striking ‘‘and’’;
20 (B) in paragraph (9), by striking the period
21 at the end and inserting ‘‘; and’’; and
22 (C) by adding at the end the following:
23 ‘‘(10) for routes selected under the Corridor Iden-
24 tification and Development Program and operated by
25 Amtrak.’’; and
† HR 3684 EAS
763
1 (4) in subsection (e)—
2 (A) in paragraph (1)—
3 (i) by striking ‘‘assistance’’; and
4 (ii) by striking ‘‘3 years’’ and insert-
5 ing ‘‘6 years (including for any such routes
6 selected for funding before the date of enact-
7 ment of the Passenger Rail Expansion and
8 Rail Safety Act of 2021)’’; and
9 (B) in paragraph (3), by striking subpara-
10 graphs (A), (B), and (C) and inserting the fol-
11 lowing:
12 ‘‘(A) 90 percent of the projected net oper-
13 ating costs for the first year of service;
14 ‘‘(B) 80 percent of the projected net oper-
15 ating costs for the second year of service;
16 ‘‘(C) 70 percent of the projected net oper-
17 ating costs for the third year of service;
18 ‘‘(D) 60 percent of the projected net oper-
19 ating costs for the fourth year of service;
20 ‘‘(E) 50 percent of the projected net oper-
21 ating costs for the fifth year of service; and
22 ‘‘(F) 30 percent of the projected net oper-
23 ating costs for the sixth year of service.’’.
† HR 3684 EAS
764
1 SEC. 22305. RAILROAD CROSSING ELIMINATION PROGRAM.
† HR 3684 EAS
766
1 ‘‘(5) a group of related projects described in
2 paragraphs (1) through (4) that would collectively
3 improve the mobility of people and goods; or
4 ‘‘(6) the planning, environmental review, and
5 design of an eligible project described in paragraphs
6 (1) through (5).
7 ‘‘(e) APPLICATION PROCESS.—
8 ‘‘(1) IN GENERAL.—An eligible entity seeking a
9 grant under the Program shall submit an application
10 to the Secretary at such time, in such manner, and
11 containing such information as the Secretary may re-
12 quire.
13 ‘‘(2) RAILROAD APPROVALS.—
† HR 3684 EAS
767
1 ‘‘(1) IN GENERAL.—In awarding grants under
2 the Program, the Secretary shall evaluate the extent
3 to which proposed projects would—
4 ‘‘(A) improve safety at highway-rail or
5 pathway-rail grade crossings;
6 ‘‘(B) grade separate, eliminate, or close
7 highway-rail or pathway-rail grade crossings;
8 ‘‘(C) improve the mobility of people and
9 goods;
10 ‘‘(D) reduce emissions, protect the environ-
11 ment, and provide community benefits, including
12 noise reduction;
13 ‘‘(E) improve access to emergency services;
14 ‘‘(F) provide economic benefits; and
15 ‘‘(G) improve access to communities sepa-
16 rated by rail crossings.
17 ‘‘(2) ADDITIONAL CONSIDERATIONS.—In award-
18 ing grants under the Program, the Secretary shall
19 consider—
20 ‘‘(A) the degree to which the proposed
21 project will use—
22 ‘‘(i) innovative technologies;
23 ‘‘(ii) innovative design and construc-
24 tion techniques; or
† HR 3684 EAS
768
1 ‘‘(iii) construction materials that re-
2 duce greenhouse gas emissions;
3 ‘‘(B) the applicant’s planned use of con-
4 tracting incentives to employ local labor, to the
5 extent permissible under Federal law;
6 ‘‘(C) whether the proposed project will im-
7 prove the mobility of—
8 ‘‘(i) multiple modes of transportation,
9 including ingress and egress from freight fa-
10 cilities; or
11 ‘‘(ii) users of nonvehicular modes of
12 transportation, such as pedestrians,
13 bicyclists, and public transportation;
14 ‘‘(D) whether the proposed project is identi-
15 fied in—
16 ‘‘(i) the freight investment plan compo-
17 nent of a State freight plan, as required
18 under section 70202(b)(9);
19 ‘‘(ii) a State rail plan prepared in ac-
20 cordance with chapter 227; or
21 ‘‘(iii) a State highway-rail grade cross-
22 ing action plan, as required under section
23 11401(b) of the Passenger Rail Reform and
24 Investment Act of 2015 (title XI of Public
25 Law 114–94); and
† HR 3684 EAS
769
1 ‘‘(E) the level of financial support provided
2 by impacted rail carriers.
3 ‘‘(3) AWARD DISTRIBUTION.—In selecting grants
4 for Program funds in any fiscal year, the Secretary
5 shall comply with the following limitations:
6 ‘‘(A) GRANT FUNDS.—Not less than 20 per-
7 cent of the grant funds available for the Program
8 in any fiscal year shall be reserved for projects
9 located in rural areas or on Tribal lands. The
10 requirement under section 22907(l), which ap-
11 plies to this section, shall not apply to grant
12 funds reserved specifically under this subpara-
13 graph. Not less than 5 percent of the grant funds
14 reserved under this subparagraph shall be re-
15 served for projects in counties with 20 or fewer
16 residents per square mile, according to the most
17 recent decennial census, provided that sufficient
18 eligible applications have been submitted.
19 ‘‘(B) PLANNING GRANTS.—Not less than 25
20 percent of the grant funds set aside for planning
21 projects in any fiscal year pursuant to section
22 22104(b) of the Passenger Rail Expansion and
23 Rail Safety Act of 2021 shall be awarded for
24 projects located in rural areas or on tribal lands.
† HR 3684 EAS
770
1 ‘‘(C) STATE LIMITATION.—Not more than
2 20 percent of the grant funds available for the
3 Program in any fiscal year may be selected for
4 projects in any single State.
5 ‘‘(D) MINIMUM SIZE.—No grant awarded
6 under this section shall be for less than
7 $1,000,000, except for a planning grant de-
8 scribed in subsection (d)(6).
9 ‘‘(g) COST SHARE.—Except as provided in paragraph
10 (2), the Federal share of the cost of a project carried out
11 using a grant under the Program may not exceed 80 percent
12 of the total cost of the project. Applicants may count costs
13 incurred for preliminary engineering associated with high-
14 way-rail and pathway-rail grade crossing improvement
15 projects as part of the total project costs.
16 ‘‘(h) CONGRESSIONAL NOTIFICATION.—Not later than
17 3 days before awarding a grant for a project under the Pro-
18 gram, the Secretary shall submit written notification of the
19 proposed grant to the Committee on Commerce, Science,
20 and Transportation of the Senate and the Committee on
21 Transportation and Infrastructure of the House of Rep-
22 resentatives, which shall include—
23 ‘‘(1) a summary of the project; and
24 ‘‘(2) the amount of the proposed grant award.
† HR 3684 EAS
771
1 ‘‘(i) ANNUAL REPORT.—Not later than 60 days after
2 each round of award notifications, the Secretary shall post,
3 on the public website of the Department of Transpor-
4 tation—
5 ‘‘(1) a list of all eligible applicants that sub-
6 mitted an application for funding under the Program
7 during the current fiscal year;
8 ‘‘(2) a list of the grant recipients and projects
9 that received grant funding under the Program dur-
10 ing such fiscal year; and
11 ‘‘(3) a list of the proposed projects and appli-
12 cants that were determined to be ineligible.
13 ‘‘(j) COMMUTER RAIL ELIGIBILITY AND GRANT CONDI-
14 TIONS.—
† HR 3684 EAS
772
1 ‘‘(A) IN GENERAL.—Notwithstanding para-
2 graph (2) and section 22905(e)(1), as a condi-
3 tion of receiving a grant under this section, any
4 employee covered by the Railway Labor Act (45
5 U.S.C. 151 et seq.) and the Railroad Retirement
6 Act of 1974 (45 U.S.C. 231 et seq.) who is ad-
7 versely affected by actions taken in connection
8 with the project financed in whole or in part by
9 such grant shall be covered by employee protec-
10 tive arrangements required to be established
11 under section 22905(c)(2)(B).
12 ‘‘(B) IMPLEMENTATION.—A grant recipient
13 under this section, and the successors, assigns,
14 and contractors of such grant recipient—
15 ‘‘(i) shall be bound by the employee
16 protective arrangements required under sub-
17 paragraph (A); and
18 ‘‘(ii) shall be responsible for the imple-
19 mentation of such arrangements and for the
20 obligations under such arrangements, but
21 may arrange for another entity to take ini-
22 tial responsibility for compliance with the
23 conditions of such arrangement.
† HR 3684 EAS
773
1 ‘‘(k) DEFINED TERM.—In this section, the term ‘rural
2 area’ means any area that is not within an area designated
3 as an urbanized area by the Bureau of the Census.’’.
4 (b) CLERICAL AMENDMENT.—The analysis for chapter
5 229 of title 49, United States Code, is amended by adding
6 at the end the following:
‘‘22909. Railroad Crossing Elimination Program.’’.
† HR 3684 EAS
775
1 ‘‘(6) whether the applicant has prepared regional
2 rail or corridor service development plans and cor-
3 responding environmental analysis; and
4 ‘‘(7) whether the applicant has engaged with ap-
5 propriate government entities and transportation pro-
6 viders to identify projects necessary to enhance
7 multimodal connections or facilitate service integra-
8 tion between rail service and other modes, including
9 between intercity passenger rail service and intercity
10 bus service or commercial air service.
11 ‘‘(d) NUMERICAL LIMITATION.—The Secretary may
12 not award grants under this section for more than 10 inter-
13 state rail compacts in any fiscal year.
14 ‘‘(e) OPERATOR LIMITATION.—The Secretary may
15 only award grants under this section to applicants with
16 eligible expenses related to intercity passenger rail service
17 to be operated by Amtrak.
18 ‘‘(f) NON-FEDERAL MATCH.—The Secretary shall re-
19 quire each recipient of a grant under this section to provide
20 a non-Federal match of not less than 50 percent of the eligi-
21 ble expenses of carrying out the interstate rail compact
22 under this section.
23 ‘‘(g) REPORT.—Not later than 3 years after the date
24 of enactment of the Passenger Rail Expansion and Rail
25 Safety Act of 2021, the Secretary, after consultation with
† HR 3684 EAS
776
1 grant recipients under this section, shall submit a report
2 to the Committee on Commerce, Science, and Transpor-
3 tation of the Senate and the Committee on Transportation
4 and Infrastructure of the House of Representatives that de-
5 scribes—
6 ‘‘(1) the implementation of this section;
7 ‘‘(2) the status of the planning efforts and co-
8 ordination funded by grants awarded under this sec-
9 tion;
10 ‘‘(3) the plans of grant recipients for continued
11 implementation of the interstate rail compacts;
12 ‘‘(4) the status of, and data regarding, any new,
13 restored, or enhanced rail services initiated under the
14 interstate rail compacts; and
15 ‘‘(5) any legislative recommendations.’’.
16 (b) CLERICAL AMENDMENT.—The analysis for chapter
17 229 of title 49, United States Code (as amended by section
18 22305(b)), is amended by adding at the end the following:
‘‘22910. Interstate Rail Compacts Grant Program.’’.
† HR 3684 EAS
777
1 ‘‘(c) NOTIFICATION REQUIREMENT.—Any State that
2 enters into an interstate compact pursuant to subsection (a)
3 shall notify the Secretary of Transportation of such com-
4 pact not later than 60 days after it is formed. The failure
5 of any State to notify the Secretary under this subsection
6 shall not affect the status of the interstate compact.
7 ‘‘(d) INTERSTATE RAIL COMPACTS PROGRAM.—The
8 Secretary of Transportation shall—
9 ‘‘(1) make available on a publicly accessible
10 website a list of interstate rail compacts established
11 under subsection (a) before the date of enactment of
12 the Passenger Rail Expansion and Rail Safety Act of
13 2021 and interstate rail compacts established after
14 such date; and
15 ‘‘(2) make information regarding interstate rail
16 compacts available to the public, including how
17 States may establish interstate rail compacts under
18 subsection (a), and update such information, as nec-
19 essary.’’.
20 SEC. 22307. FEDERAL-STATE PARTNERSHIP FOR INTERCITY
† HR 3684 EAS
778
1 (1) in the section heading, by striking ‘‘for
2 state of good repair’’ and inserting ‘‘for inter-
3 city passenger rail’’;
4 (2) in subsection (a)—
5 (A) in paragraph (1)—
6 (i) in subparagraph (F), by striking
7 ‘‘or’’ at the end;
8 (ii) by redesignating subsection (G) as
9 subsection (H);
10 (iii) by inserting after subparagraph
11 (F), the following:
12 ‘‘(G) a federally recognized Indian Tribe;
13 or’’; and
14 (iv) in subsection (H), as redesignated,
15 by striking ‘‘(F)’’ and inserting ‘‘(G)’’;
16 (B) by striking paragraphs (2) and (5); and
17 (C) by redesignating paragraphs (3) and
18 (4) as paragraphs (2) and (3), respectively;
19 (3) in subsection (b), by striking ‘‘with respect to
20 qualified railroad assets’’ and inserting ‘‘, improve
21 performance, or expand or establish new intercity
22 passenger rail service, including privately operated
23 intercity passenger rail service if an eligible appli-
24 cant is involved;’’;
† HR 3684 EAS
779
1 (4) by striking subsections (c) through (e) and
2 inserting the following:
3 ‘‘(c) ELIGIBLE PROJECTS.—The following capital
4 projects, including acquisition of real property interests, are
5 eligible to receive grants under this section:
6 ‘‘(1) A project to replace, rehabilitate, or repair
7 infrastructure, equipment, or a facility used for pro-
8 viding intercity passenger rail service to bring such
9 assets into a state of good repair.
10 ‘‘(2) A project to improve intercity passenger
11 rail service performance, including reduced trip
12 times, increased train frequencies, higher operating
13 speeds, improved reliability, expanded capacity, re-
14 duced congestion, electrification, and other improve-
15 ments, as determined by the Secretary.
16 ‘‘(3) A project to expand or establish new inter-
17 city passenger rail service.
18 ‘‘(4) A group of related projects described in
19 paragraphs (1) through (3).
20 ‘‘(5) The planning, environmental studies, and
21 final design for a project or group of projects de-
22 scribed in paragraphs (1) through (4).
23 ‘‘(d) PROJECT SELECTION CRITERIA.—In selecting a
24 project for funding under this section—
† HR 3684 EAS
780
1 ‘‘(1) for projects located on the Northeast Cor-
2 ridor, the Secretary shall—
3 ‘‘(A) make selections consistent with the
4 Northeast Corridor Project Inventory published
5 pursuant to subsection (e)(1), unless when nec-
6 essary to address materially changed infrastruc-
7 ture or service conditions, changes in project
8 sponsor capabilities or commitments, or other
9 significant changes since the completion of the
10 most recently issued Northeast Corridor Project
11 Inventory; and
12 ‘‘(B) for projects that benefit intercity and
13 commuter rail services, only make such selections
14 when Amtrak and the public authorities pro-
15 viding commuter rail passenger transportation
16 at the eligible project location—
17 ‘‘(i) are in compliance with section
18 24905(c)(2); and
19 ‘‘(ii) identify funding for the intercity
20 passenger rail share, the commuter rail
21 share, and the local share of the eligible
22 project before the commencement of the
23 project;
24 ‘‘(2) for projects not located on the Northeast
25 Corridor, the Secretary shall—
† HR 3684 EAS
781
1 ‘‘(A) give preference to eligible projects—
2 ‘‘(i) for which Amtrak is not the sole
3 applicant;
4 ‘‘(ii) that improve the financial per-
5 formance, reliability, service frequency, or
6 address the state of good repair of an Am-
7 trak route; and
8 ‘‘(iii) that are identified in, and con-
9 sistent with, a corridor inventory prepared
10 under the Corridor Identification and De-
11 velopment Program pursuant to section
12 25101; and
13 ‘‘(B) take into account—
14 ‘‘(i) the cost-benefit analysis of the pro-
15 posed project, including anticipated private
16 and public benefits relative to the costs of
17 the proposed project, including—
18 ‘‘(I) effects on system and service
19 performance, including as measured by
20 applicable metrics set forth in part 273
21 of title 49, Code of Federal Regulations
22 (or successor regulations);
23 ‘‘(II) effects on safety, competi-
24 tiveness, reliability, trip or transit
† HR 3684 EAS
782
1 time, greenhouse gas emissions, and re-
2 silience;
3 ‘‘(III) anticipated positive eco-
4 nomic and employment impacts, in-
5 cluding development in areas near pas-
6 senger stations, historic districts, or
7 other opportunity zones;
8 ‘‘(IV) efficiencies from improved
9 connections with other modes; and
10 ‘‘(V) ability to meet existing or
11 anticipated demand;
12 ‘‘(ii) the degree to which the proposed
13 project’s business plan considers potential
14 private sector participation in the financ-
15 ing, construction, or operation of the pro-
16 posed project;
17 ‘‘(iii) the applicant’s past performance
18 in developing and delivering similar
19 projects, and previous financial contribu-
20 tions;
21 ‘‘(iv) whether the applicant has, or will
22 have—
23 ‘‘(I) the legal, financial, and tech-
24 nical capacity to carry out the project;
† HR 3684 EAS
783
1 ‘‘(II) satisfactory continuing ac-
2 cess to the equipment or facilities; and
3 ‘‘(III) the capability and willing-
4 ness to maintain the equipment or fa-
5 cilities;
6 ‘‘(v) if applicable, the consistency of
7 the project with planning guidance and doc-
8 uments set forth by the Secretary or other-
9 wise required by law;
10 ‘‘(vi) whether the proposed project
11 serves historically unconnected or undercon-
12 nected communities; and
13 ‘‘(vii) any other relevant factors, as de-
14 termined by the Secretary; and
15 ‘‘(3) the Secretary shall reserve—
16 ‘‘(A) not less than 45 percent of the
17 amounts appropriated for grants under this sec-
18 tion for projects not located along the Northeast
19 Corridor, of which not less than 20 percent shall
20 be for projects that benefit (in whole or in part)
21 a long-distance route; and
22 ‘‘(B) not less than 45 percent of the
23 amounts appropriated for grants under this sec-
24 tion for projects listed on the Northeast Corridor
† HR 3684 EAS
784
1 project inventory published pursuant to sub-
2 section (e)(1).
3 ‘‘(e) LONG-TERM PLANNING.—Not later than 1 year
4 after the date of enactment of the Passenger Rail Expansion
5 and Rail Safety Act of 2021, and every 2 years thereafter,
6 the Secretary shall create a predictable project pipeline that
7 will assist Amtrak, States, and the public with long-term
8 capital planning by publishing a Northeast Corridor
9 project inventory that—
10 ‘‘(1) identifies capital projects for Federal invest-
11 ment, project applicants, and proposed Federal fund-
12 ing levels under this section;
13 ‘‘(2) specifies the order in which the Secretary
14 will provide grant funding to projects that have iden-
15 tified sponsors and are located along the Northeast
16 Corridor, including a method and plan for appor-
17 tioning funds to project sponsors for the 2-year pe-
18 riod, which may be altered by the Secretary, as nec-
19 essary, if recipients are not carrying out projects in
20 accordance with the anticipated schedule;
21 ‘‘(3) takes into consideration the appropriate se-
22 quence and phasing of projects described in the North-
23 east Corridor capital investment plan developed pur-
24 suant to section 24904(a);
† HR 3684 EAS
785
1 ‘‘(4) is consistent with the most recent Northeast
2 Corridor service development plan update described in
3 section 24904(d);
4 ‘‘(5) takes into consideration the existing com-
5 mitments and anticipated Federal, project applicant,
6 sponsor, and other relevant funding levels for the next
7 5 fiscal years based on information currently avail-
8 able to the Secretary; and
9 ‘‘(6) is developed in consultation with the North-
10 east Corridor Commission and the owners of North-
11 east Corridor infrastructure and facilities.’’;
12 (5) in subsection (f)(2), by inserting ‘‘, except as
13 specified under paragraph (4)’’ after ‘‘80 percent’’;
14 (6) in subsection (g)—
15 (A) in the subsection heading, by inserting
16 ‘‘; PHASED FUNDING AGREEMENTS’’ after ‘‘IN-
17 TENT’’;
† HR 3684 EAS
786
1 (D) by inserting after paragraph (1) the fol-
2 lowing:
3 ‘‘(2) PHASED FUNDING AGREEMENTS.—
† HR 3684 EAS
787
1 ‘‘(iv) make timely and efficient man-
2 agement of the project easier in accordance
3 with Federal law; and
4 ‘‘(v) if applicable, specify when the
5 process for complying with the National
6 Environmental Policy Act of 1969 (42
7 U.S.C. 4321 et seq.) and related environ-
8 mental laws will be completed for the
9 project.
10 ‘‘(C) SPECIAL FINANCIAL RULES.—
† HR 3684 EAS
788
1 costs of efficiently carrying out a part of the
2 project within a reasonable time are a cost
3 of carrying out the project under a phased
4 funding agreement, except that eligible costs
5 may not be more than the cost of the most
6 favorable financing terms reasonably avail-
7 able for the project at the time of borrowing.
8 The applicant shall certify, to the satisfac-
9 tion of the Secretary, that the applicant has
10 shown reasonable diligence in seeking the
11 most favorable financing terms.
12 ‘‘(iv) FAILURE TO CARRY OUT
† HR 3684 EAS
789
1 tion of the no build alternative is not with-
2 in the applicant’s control.
3 ‘‘(v) CREDITING OF FUNDS RE-
† HR 3684 EAS
790
1 subsection that contain contingent commitments
2 to incur obligations in such amounts as the Sec-
3 retary determines are appropriate.’’;
4 (7) in subsection (i), by striking ‘‘section 22905’’
5 and inserting ‘‘sections 22903 and 22905’’; and
6 (8) by adding at the end the following:
7 ‘‘(j) ANNUAL REPORT ON PHASED FUNDING AGREE-
8 MENTS AND LETTERS OF INTENT.—Not later than the first
9 Monday in February of each year, the Secretary shall sub-
10 mit a report to the Committee on Commerce, Science, and
11 Transportation of the Senate, the Committee on Appropria-
12 tions of the Senate, the Committee on Transportation and
13 Infrastructure of the House of Representatives, and the
14 Committee on Appropriations of the House of Representa-
15 tives that includes—
16 ‘‘(1) a proposal for the allocation of amounts to
17 be available to finance grants for projects under this
18 section among applicants for such amounts;
19 ‘‘(2) evaluations and ratings, as applicable, for
20 each project that has received a phased funding agree-
21 ment or a letter of intent; and
22 ‘‘(3) recommendations for each project that has
23 received a phased funding agreement or a letter of in-
24 tent for funding based on the evaluations and ratings,
25 as applicable, and on existing commitments and an-
† HR 3684 EAS
791
1 ticipated funding levels for the next 3 fiscal years
2 based on information currently available to the Sec-
3 retary.
4 ‘‘(k) REGIONAL PLANNING GUIDANCE CORRIDOR
5 PLANNING.—The Secretary may withhold up to 5 percent
6 of the total amount made available for this section to carry
7 out planning and development activities related to section
8 25101, including—
9 ‘‘(1) providing funding to public entities for the
10 development of service development plans selected
11 under the Corridor Identification and Development
12 Program;
13 ‘‘(2) facilitating and providing guidance for
14 intercity passenger rail systems planning; and
15 ‘‘(3) providing funding for the development and
16 refinement of intercity passenger rail systems plan-
17 ning analytical tools and models.’’.
18 (b) CLERICAL AMENDMENT.—The analysis for chapter
19 249 of title 49, United States Code, is amended by striking
20 the item relating to section 24911 and inserting the fol-
21 lowing:
‘‘24911. Federal-State partnership for intercity passenger rail.’’.
† HR 3684 EAS
792
1 SEC. 22308. CORRIDOR IDENTIFICATION AND DEVELOP-
2 MENT PROGRAM.
† HR 3684 EAS
793
1 ‘‘(A) identification of a service operator
2 which may include Amtrak or private rail car-
3 riers;
4 ‘‘(B) identification of a service sponsor or
5 sponsors;
6 ‘‘(C) identification capital project sponsors;
7 ‘‘(D) engagement with the host railroads;
8 and
9 ‘‘(E) other criteria as determined appro-
10 priate by the Secretary;
11 ‘‘(4) a process for preparing service development
12 plans in accordance with subsection (d), including the
13 identification of planning funds, such as funds made
14 available under section 24911(k) and interstate rail
15 compact grants established under section 22210;
16 ‘‘(5) the creation of a pipeline of intercity pas-
17 senger rail corridor projects under subsection (g);
18 ‘‘(6) planning guidance to achieve the purposes
19 of this section, including guidance for intercity pas-
20 senger rail corridors not selected under this section;
21 and
22 ‘‘(7) such other features as the Secretary con-
23 siders relevant to the successful development of inter-
24 city passenger rail corridors.
† HR 3684 EAS
794
1 ‘‘(b) ELIGIBLE ENTITIES.—The Secretary may receive
2 proposals under this section from Amtrak, States, groups
3 of States, entities implementing interstate compacts, re-
4 gional passenger rail authorities, regional planning organi-
5 zations, political subdivisions of a State, federally recog-
6 nized Indian Tribes, and other public entities, as deter-
7 mined by the Secretary.
8 ‘‘(c) CORRIDOR SELECTION.—In selecting intercity
9 passenger rail corridors pursuant to subsection (a), the Sec-
10 retary shall consider—
11 ‘‘(1) whether the route was identified as part of
12 a regional or interregional intercity passenger rail
13 systems planning study;
14 ‘‘(2) projected ridership, revenues, capital invest-
15 ment, and operating funding requirements;
16 ‘‘(3) anticipated environmental, congestion miti-
17 gation, and other public benefits;
18 ‘‘(4) projected trip times and their competitive-
19 ness with other transportation modes;
20 ‘‘(5) anticipated positive economic and employ-
21 ment impacts, including development in the areas
22 near passenger stations, historic districts, or other op-
23 portunity zones;
† HR 3684 EAS
795
1 ‘‘(6) committed or anticipated State, regional
2 transportation authority, or other non-Federal fund-
3 ing for operating and capital costs;
4 ‘‘(7) benefits to rural communities;
5 ‘‘(8) whether the corridor is included in a State’s
6 approved State rail plan developed pursuant to chap-
7 ter 227;
8 ‘‘(9) whether the corridor serves historically
9 unserved or underserved and low-income communities
10 or areas of persistent poverty;
11 ‘‘(10) whether the corridor would benefit or im-
12 prove connectivity with existing or planned transpor-
13 tation services of other modes;
14 ‘‘(11) whether the corridor connects at least 2 of
15 the 100 most populated metropolitan areas;
16 ‘‘(12) whether the corridor would enhance the re-
17 gional equity and geographic diversity of intercity
18 passenger rail service;
19 ‘‘(13) whether the corridor is or would be inte-
20 grated into the national rail passenger transportation
21 system and whether the corridor would create benefits
22 for other passenger rail routes and services; and
23 ‘‘(14) whether a passenger rail operator, includ-
24 ing a private rail carrier, has expressed support for
25 the corridor.
† HR 3684 EAS
796
1 ‘‘(d) SERVICE DEVELOPMENT PLANS.—For each cor-
2 ridor proposal selected for development under this section,
3 the Secretary shall partner with the entity that submitted
4 the proposal, relevant States, and Amtrak, as appropriate,
5 to prepare a service development plan (or to update an ex-
6 isting service development plan), which shall include—
7 ‘‘(1) a detailed description of the proposed inter-
8 city passenger rail service, including train fre-
9 quencies, peak and average operating speeds, and trip
10 times;
11 ‘‘(2) a corridor project inventory that—
12 ‘‘(A) identifies the capital projects necessary
13 to achieve the proposed intercity passenger rail
14 service, including—
15 ‘‘(i) the capital projects for which Fed-
16 eral investment will be sought;
17 ‘‘(ii) the likely project applicants; and
18 ‘‘(iii) the proposed Federal funding
19 levels;
20 ‘‘(B) specifies the order in which Federal
21 funding will be sought for the capital projects
22 identified under subparagraph (A), after consid-
23 ering the appropriate sequence and phasing of
24 projects based on the anticipated availability of
25 funds; and
† HR 3684 EAS
797
1 ‘‘(C) is developed in consultation with the
2 entities listed in subsection (e);
3 ‘‘(3) a schedule and any associated phasing of
4 projects and related service initiation or changes;
5 ‘‘(4) project sponsors and other entities expected
6 to participate in carrying out the plan;
7 ‘‘(5) a description of how the corridor would
8 comply with Federal rail safety and security laws, or-
9 ders, and regulations;
10 ‘‘(6) the locations of existing and proposed sta-
11 tions;
12 ‘‘(7) the needs for rolling stock and other equip-
13 ment;
14 ‘‘(8) a financial plan identifying projected—
15 ‘‘(A) annual revenues;
16 ‘‘(B) annual ridership;
17 ‘‘(C) capital investments before service could
18 be initiated;
19 ‘‘(D) capital investments required to main-
20 tain service;
21 ‘‘(E) annual operating and costs; and
22 ‘‘(F) sources of capital investment and oper-
23 ating financial support;
† HR 3684 EAS
798
1 ‘‘(9) a description of how the corridor would con-
2 tribute to the development of a multi-State regional
3 network of intercity passenger rail;
4 ‘‘(10) an intermodal plan describing how the
5 new or improved corridor facilitates travel connec-
6 tions with other passenger transportation services;
7 ‘‘(11) a description of the anticipated environ-
8 mental benefits of the corridor; and
9 ‘‘(12) a description of the corridor’s impacts on
10 highway and aviation congestion, energy consump-
11 tion, land use, and economic development in the serv-
12 ice area.
13 ‘‘(e) CONSULTATION.—In partnering on the prepara-
14 tion of a service development plan under subsection (d), the
15 Secretary shall consult with—
16 ‘‘(1) Amtrak;
17 ‘‘(2) appropriate State and regional transpor-
18 tation authorities and local officials;
19 ‘‘(3) representatives of employee labor organiza-
20 tions representing railroad and other appropriate em-
21 ployees;
22 ‘‘(4) host railroads for the proposed corridor; and
23 ‘‘(5) other stakeholders, as determined by the Sec-
24 retary.
† HR 3684 EAS
799
1 ‘‘(f) UPDATES.—Every 5 years, after the initial devel-
2 opment of the service development plan under subsection
3 (d), if at least 40 percent of the work to implement a service
4 development plan prepared under subsection (d) has not yet
5 been completed, the plan’s sponsor, in consultation with the
6 Secretary, shall determine whether such plan should be up-
7 dated.
8 ‘‘(g) PROJECT PIPELINE.—Not later than 1 year after
9 the establishment of the program under this section, and
10 by February 1st of each year thereafter, the Secretary shall
11 submit to the Committee on Commerce, Science, and Trans-
12 portation of the Senate, the Committee on Appropriations
13 of the Senate, and the Committee on Transportation and
14 Infrastructure of the House of Representatives, and the
15 Committee on Appropriations of the House of Representa-
16 tives a project pipeline, in accordance with this section,
17 that—
18 ‘‘(1) identifies intercity passenger rail corridors
19 selected for development under this section;
20 ‘‘(2) identifies capital projects for Federal invest-
21 ment, project applicants, and proposed Federal fund-
22 ing levels, as applicable, consistent with the corridor
23 project inventory;
24 ‘‘(3) specifies the order in which the Secretary
25 would provide Federal financial assistance, subject to
† HR 3684 EAS
800
1 the availability of funds, to projects that have identi-
2 fied sponsors, including a method and plan for ap-
3 portioning funds to project sponsors for a 5-year pe-
4 riod, which may be altered by the Secretary, as nec-
5 essary, if recipients are not carrying out projects on
6 the anticipated schedule;
7 ‘‘(4) takes into consideration the appropriate se-
8 quence and phasing of projects described in the cor-
9 ridor project inventory;
10 ‘‘(5) takes into consideration the existing com-
11 mitments and anticipated Federal, project applicant,
12 sponsor, and other relevant funding levels for the next
13 5 fiscal years based on information currently avail-
14 able to the Secretary;
15 ‘‘(6) is prioritized based on the level of readiness
16 of the corridor; and
17 ‘‘(7) reflects consultation with Amtrak.
18 ‘‘(h) DEFINITION.—In this section, the term ‘intercity
19 passenger rail corridor’ means—
20 ‘‘(1) a new intercity passenger rail route of less
21 than 750 miles;
22 ‘‘(2) the enhancement of an existing intercity
23 passenger rail route of less than 750 miles;
† HR 3684 EAS
801
1 ‘‘(3) the restoration of service over all or portions
2 of an intercity passenger rail route formerly operated
3 by Amtrak; or
4 ‘‘(4) the increase of service frequency of a long-
5 distance intercity passenger rail route.’’.
6 (b) CLERICAL AMENDMENT.—The table of chapters for
7 subtitle V of title 49, United States Code, is amended by
8 inserting after the item relating to chapter 249 the fol-
9 lowing:
‘‘Chapter 251. Passenger rail planning ...................................25101’’.
21 UATION.
† HR 3684 EAS
802
1 authorized under section 130 of title 23, United States Code,
2 to determine whether—
3 (1) the requirements of the program provide
4 States sufficient flexibility to adequately address cur-
5 rent and emerging highway-rail grade crossing safety
6 issues;
7 (2) the structure of the program provides suffi-
8 cient incentives and resources to States and local
9 agencies to make changes at highway-rail grade cross-
10 ings that are most effective at reducing deaths and in-
11 juries;
12 (3) there are appropriate tools and resources to
13 support States in using data driven programs to de-
14 termine the most cost-effective use of program funds;
15 and
16 (4) any statutory changes are recommended to
17 improve the effectiveness of the program.
18 (b) REPORT.—Not later than 4 years after the date
19 of enactment of this Act, the Secretary shall submit a report
20 to the Committee on Commerce, Science, and Transpor-
21 tation of the Senate, the Committee on Environment and
22 Public Works of the Senate, and the Committee on Trans-
23 portation and Infrastructure of the House of Representa-
24 tives that summarizes and describes the results of the eval-
† HR 3684 EAS
803
1 uation conducted pursuant to subsection (a), including any
2 recommended statutory changes.
3 SEC. 22402. GRADE CROSSING ACCIDENT PREDICTION
4 MODEL.
† HR 3684 EAS
804
1 (1) IN GENERAL.—Chapter 201 of title 49,
2 United States Code, is amended by inserting after sec-
3 tion 20166 the following:
4 ‘‘§ 20167. Reports on highway-rail grade crossing safe-
5 ty
† HR 3684 EAS
805
1 grade crossings, including crossings with mul-
2 tiple accidents or incidents;
3 ‘‘(2) the progress of each State in implementing
4 its State highway-rail grade crossings action plan;
5 ‘‘(3) the number of highway-rail grade crossing
6 projects undertaken pursuant to section 130 of title
7 23, including the distribution of such projects by cost
8 range, road system, nature of treatment, and subse-
9 quent accident experience at improved locations;
10 ‘‘(4) which States are not in compliance with
11 their schedule of projects under section 130(d) of title
12 23; and
13 ‘‘(5) any recommendations for future implemen-
14 tation of the railway-highway crossings program
15 under section 130 of title 23.
16 ‘‘(b) UPDATES.—Not later than 5 years after the sub-
17 mission of the report required under subsection (a), the Ad-
18 ministrator of the Federal Railroad Administration, in
19 consultation with the Administrator of the Federal High-
20 way Administration, shall—
21 ‘‘(1) update the report based on the State annual
22 reports submitted pursuant to section 130(g) of title
23 23 and any other information obtained by or avail-
24 able to the Administrator of the Federal Railroad Ad-
25 ministration; and
† HR 3684 EAS
806
1 ‘‘(2) submit the updated report to the Committee
2 on Commerce, Science, and Transportation of the
3 Senate and the Committee on Transportation and In-
4 frastructure of the House of Representatives.
5 ‘‘(c) DEFINITIONS.—In this section:
6 ‘‘(1) HIGHWAY-RAIL GRADE CROSSING.—The
† HR 3684 EAS
807
1 ‘‘(2) STATE.—The term ‘State’ means a State of
2 the United States or the District of Columbia.’’.
3 (2) CLERICAL AMENDMENT.—The analysis for
4 chapter 201 of title 49, United States Code, is amend-
5 ed by inserting after the item relating to section
6 20166 the following:
‘‘20167. Reports on highway-rail grade crossing safety.’’.
† HR 3684 EAS
808
1 ‘‘(B) the effectiveness of such treatments, as
2 measured by the accident experience at the loca-
3 tions that received such treatments.
4 ‘‘(3) COORDINATION.—Not later than 30 days
5 after the Federal Highway Administration’s accept-
6 ance of each report submitted pursuant to paragraph
7 (1), the Administrator of the Federal Highway Ad-
8 ministration shall make such report available to the
9 Administrator of the Federal Railroad Administra-
10 tion.’’.
11 SEC. 22404. BLOCKED CROSSING PORTAL.
† HR 3684 EAS
809
1 blocked crossings, such as idling trains or instances
2 when lights or gates are activated when no train is
3 present;
4 (3) provides each complainant with the contact
5 information for reporting a blocked crossing to the
6 relevant railroad; and
7 (4) encourages each complainant to report the
8 blocked crossing to the relevant railroad.
9 (c) COMPLAINTS.—The blocked crossing portal shall be
10 programmed to receive complaints from the general public
11 about blocked highway-rail grade crossings. Any complaint
12 reported through the portal shall indicate whether the com-
13 plainant also reported the blocked crossing to the relevant
14 railroad.
15 (d) INFORMATION RECEIVED.—In reviewing com-
16 plaints received pursuant to subsection (c), the Federal
17 Railroad Administration shall review, to the extent prac-
18 ticable, the information received from the complainant to
19 account for duplicative or erroneous reporting.
20 (e) USE OF INFORMATION.—The information received
21 and maintained in the blocked crossing portal database
22 shall be used by the Federal Railroad Administration—
23 (1) to identify frequent and long-duration
24 blocked highway-rail grade crossings;
† HR 3684 EAS
810
1 (2) as a basis for conducting outreach to commu-
2 nities, emergency responders, and railroads;
3 (3) to support collaboration in the prevention of
4 incidents at highway-rail grade crossings; and
5 (4) to assess the impacts of blocked crossings.
6 (f) SHARING INFORMATION RECEIVED.—
7 (1) IN GENERAL.—The Administrator of the Fed-
8 eral Railroad Administration shall implement and
9 make publicly available procedures for sharing any
10 nonaggregated information received through the
11 blocked crossing portal with the public.
12 (2) RULE OF CONSTRUCTION.—Nothing in this
13 section may be construed to authorize the Federal
14 Railroad Administration to make publically available
15 sensitive security information.
16 (g) ADDITIONAL INFORMATION.—If the information
17 submitted to the blocked crossing portal is insufficient to
18 determine the locations and potential impacts of blocked
19 highway-rail grade crossings, the Federal Railroad Admin-
20 istration may collect, from the general public, State and
21 local law enforcement personnel, and others as appropriate,
22 and on a voluntary basis, such additional information as
23 may be necessary to make such determinations.
† HR 3684 EAS
811
1 (h) LIMITATIONS.—Complaints, data, and other infor-
2 mation received through the blocked crossing portal may not
3 be used—
4 (1) to infer or extrapolate the rate or instances
5 of crossings beyond the data received through the por-
6 tal; or
7 (2) for any regulatory or enforcement purposes
8 except those specifically described in this section.
9 (i) REPORTS.—
10 (1) ANNUAL PUBLIC REPORT.—The Adminis-
11 trator of the Federal Railroad Administration shall
12 publish an annual report on a public website regard-
13 ing the blocked crossing program, including the un-
14 derlying causes of blocked crossings, program chal-
15 lenges, and other findings.
16 (2) REPORT TO CONGRESS.—Not later than 1
17 year after the date of enactment of this Act, the Ad-
18 ministrator of the Federal Railroad Administration
19 shall submit a report to the Committee on Commerce,
20 Science, and Transportation of the Senate and the
21 Committee on Transportation and Infrastructure of
22 the House of Representatives that describes—
23 (A) based on the information received
24 through the blocked crossing portal, frequent and
25 long-duration blocked highway-rail grade cross-
† HR 3684 EAS
812
1 ings, including the locations, dates, durations,
2 and impacts resulting from such occurrences;
3 (B) the Federal Railroad Administration’s
4 process for verifying the accuracy of the com-
5 plaints submitted to the blocked crossing portal,
6 including whether the portal continues to be ef-
7 fective in collecting such information and identi-
8 fying blocked crossings;
9 (C) the Federal Railroad Administration’s
10 use of the data compiled by the blocked crossing
11 portal to assess the underlying cause and overall
12 impacts of blocked crossings;
13 (D) the engagement of the Federal Railroad
14 Administration with affected parties to identify
15 and facilitate solutions to frequent and long-du-
16 ration blocked highway-rail grade crossings iden-
17 tified by the blocked crossing portal; and
18 (E) whether the blocked crossing portal con-
19 tinues to be an effective method to collect blocked
20 crossing information and what changes could
21 improve its effectiveness.
22 (j) SUNSET.—This section (other than subsection (k))
23 shall have no force or effect beginning on the date that is
24 3 years after the date of enactment of this Act.
† HR 3684 EAS
813
1 (k) RULE OF CONSTRUCTION.—Nothing in this section
2 may be construed to invalidate any authority of the Sec-
3 retary with respect to blocked highway-rail grade crossings.
4 The Secretary may continue to use any such authority after
5 the sunset date set forth in subsection (j).
6 SEC. 22405. DATA ACCESSIBILITY.
† HR 3684 EAS
814
1 rail transportation or commuter rail passenger transpor-
2 tation (as such terms are defined in section 24102 of title
3 49, United States Code), develop and implement periodic
4 inspection plans to ensure that passenger equipment offered
5 for revenue service complies with the requirements under
6 part 238 of title 49, Code of Federal Regulations, including
7 ensuring that, in the event of a loss of power, there is ade-
8 quate emergency lighting available to allow passengers,
9 crew members, and first responders—
10 (1) to see and orient themselves;
11 (2) to identify obstacles;
12 (3) to safely move throughout the rail car; and
13 (4) to evacuate safely.
14 SEC. 22407. COMPREHENSIVE RAIL SAFETY REVIEW OF AM-
15 TRAK.
† HR 3684 EAS
815
1 of the House of Representatives that includes the find-
2 ings and recommendations resulting from such assess-
3 ment.
4 (b) PLAN.—
5 (1) INITIAL PLAN.—Not later than 6 months
6 after the completion of the comprehensive safety as-
7 sessment under subsection (a)(1), Amtrak shall submit
8 a plan to the Committee on Commerce, Science, and
9 Transportation of the Senate and the Committee on
10 Transportation and Infrastructure of the House of
11 Representatives for addressing the findings and rec-
12 ommendations raised in the comprehensive safety as-
13 sessment.
14 (2) ANNUAL UPDATES.—Amtrak shall submit an-
15 nual updates of its progress toward implementing the
16 plan submitted pursuant to paragraph (1) to the
17 committees listed in such paragraph.
18 SEC. 22408. COMPLETION OF HOURS OF SERVICE AND FA-
19 TIGUE STUDIES.
† HR 3684 EAS
816
1 (b) CONSULTATION.—The Federal Railroad Adminis-
2 tration shall consult with the class or craft of employees
3 impacted by the pilot projects, including railroad carriers,
4 and representatives of labor organizations representing the
5 impacted employees when designing and conducting the
6 pilot programs referred to in subsection (a).
7 (c) REPORT.—If the pilot programs required under
8 section 21109(e)(1) of title 49, United States Code, have not
9 commenced on the date that is 1 year and 120 days after
10 the date of enactment of this Act, the Secretary, not later
11 than 30 days after such date, submit a report to the Com-
12 mittee on Commerce, Science, and Transportation of the
13 Senate and the Committee on Transportation and Infra-
14 structure of the House of Representatives that describes—
15 (1) the status of such pilot programs;
16 (2) actions that the Federal Railroad Adminis-
17 tration has taken to commence the pilot programs, in-
18 cluding efforts to recruit participant railroads;
19 (3) any challenges impacting the commencement
20 of the pilot programs; and
21 (4) any other details associated with the develop-
22 ment of the pilot programs that affect progress toward
23 meeting the mandate under such section 21109(e)(1).
† HR 3684 EAS
817
1 SEC. 22409. POSITIVE TRAIN CONTROL STUDY.
† HR 3684 EAS
819
1 (9) ensure that locomotive engineers and con-
2 ductor training programs are considered separately,
3 as appropriate, based on the unique requirements and
4 regulations.
5 (b) AUDIT SCHEDULING.—The Secretary shall—
6 (1) schedule the audits required under subsection
7 (a) to ensure that—
8 (A) each Class I railroad, including the Na-
9 tional Railroad Passenger Corporation and other
10 intercity passenger rail providers, is audited not
11 less frequently than once every 5 years; and
12 (B) a select number, as determined appro-
13 priate by the Secretary, of Class II and Class III
14 railroads, along with other railroads providing
15 passenger rail service that are not included in
16 subparagraph (A), are audited annually; and
17 (2) conduct the audits described in paragraph
18 (1)(B) in accordance with the Small Business Regu-
19 latory Enforcement Fairness Act of 1996 (5 U.S.C.
20 601 note) and appendix C of part 209 of title 49,
21 Code of Federal Regulations.
22 (c) UPDATES TO QUALIFICATION AND CERTIFICATION
23 PROGRAM.—If the Secretary, while conducting the audits
24 required under this section, identifies a deficiency in a rail-
25 road’s training, qualification, and certification program for
† HR 3684 EAS
820
1 locomotive engineers or conductors, the railroad shall up-
2 date the program to eliminate such deficiency.
3 (d) CONSULTATION AND COOPERATION.—
4 (1) CONSULTATION.—In conducting any audit
5 required under this section, the Secretary shall con-
6 sult with the railroad and its employees, including
7 any nonprofit employee labor organization rep-
8 resenting the engineers or conductors of the railroad.
9 (2) COOPERATION.—The railroad and its em-
10 ployees, including any nonprofit employee labor orga-
11 nization representing engineers or conductors of the
12 railroad, shall fully cooperate with any such audit,
13 including by—
14 (A) providing any relevant documents re-
15 quested; and
16 (B) making available any employees for
17 interview without undue delay or obstruction.
18 (3) FAILURE TO COOPERATE.—If the Secretary
19 determines that a railroad or any of its employees,
20 including any nonprofit employee labor organization
21 representing engineers or conductors of the railroad is
22 not fully cooperating with an audit, the Secretary
23 shall electronically notify the Committee on Com-
24 merce, Science, and Transportation of the Senate and
† HR 3684 EAS
821
1 the Committee on Transportation and Infrastructure
2 of the House of Representatives.
3 (e) REVIEW OF REGULATIONS.—The Secretary shall
4 triennially determine whether any update to part 240 or
5 242 of title 49, Code of Federal Regulations, is necessary
6 to better prepare locomotive engineers and conductors to
7 safely operate trains by evaluating whether such regulations
8 establish appropriate Federal standards requiring rail-
9 roads—
10 (1) to provide locomotive engineers or conductors
11 the knowledge and skills to safely operate trains under
12 conditions that reflect industry practices;
13 (2) to adequately address locomotive engineer or
14 conductor route situational awareness, including en-
15 suring locomotive engineers and conductors to dem-
16 onstrate knowledge on the physical characteristics of
17 a territory under various conditions and using var-
18 ious resources;
19 (3) to provide relevant and adequate hands-on
20 training before a locomotive engineer or conductor is
21 certified;
22 (4) to adequately prepare locomotive engineers or
23 conductors to understand relevant locomotive oper-
24 ating characteristics, to include instructions on func-
† HR 3684 EAS
822
1 tions they are required to operate on any installed
2 technology; and
3 (5) to address any other safety issue that the
4 Secretary determines to be appropriate for better pre-
5 paring locomotive engineers or conductors.
6 (f) ANNUAL REPORT.—The Secretary shall publish an
7 annual report on the public website of the Federal Railroad
8 Administration that—
9 (1) summarizes the findings of the prior year’s
10 audits;
11 (2) summarizes any updates made pursuant to
12 subsection (c); and
13 (3) excludes and confidential business informa-
14 tion or sensitive security information.
15 SEC. 22411. TRANSPARENCY AND SAFETY.
† HR 3684 EAS
823
1 ‘‘(A) provide timely public notice of any re-
2 quest for a waiver under this subsection or for a
3 suspension under subpart E of part 211 of title
4 49, Code of Federal Regulations, or successor reg-
5 ulations;
6 ‘‘(B) make available the application for
7 such waiver or suspension and any nonconfiden-
8 tial underlying data to interested parties;
9 ‘‘(C) provide the public with notice and a
10 reasonable opportunity to comment on a pro-
11 posed waiver or suspension under this subsection
12 before making a final decision; and
13 ‘‘(D) publish on a publicly accessible
14 website the reasons for granting each such waiver
15 or suspension.
16 ‘‘(3) INFORMATION PROTECTION.—Nothing in
17 this subsection may be construed to require the release
18 of information protected by law from public disclo-
19 sure.
20 ‘‘(4) RULEMAKING.—
21 ‘‘(A) IN GENERAL.—Not later than 1 year
22 after the first day on which a waiver under this
23 subsection or a suspension under subpart E of
24 part 211 of title 49, Code of Federal Regulations,
25 or successor regulations, has been in continuous
† HR 3684 EAS
824
1 effect for a 6-year period, the Secretary shall
2 complete a review and analysis of such waiver or
3 suspension to determine whether issuing a rule
4 that is consistent with the waiver is—
5 ‘‘(i) in the public interest; and
6 ‘‘(ii) consistent with railroad safety.
7 ‘‘(B) FACTORS.—In conducting the review
8 and analysis under subparagraph (A), the Sec-
9 retary shall consider—
10 ‘‘(i) the relevant safety record under
11 the waiver or suspension;
12 ‘‘(ii) the likelihood that other entities
13 would have similar safety outcomes;
14 ‘‘(iii) the materials submitted in the
15 applications, including any comments re-
16 garding such materials; and
17 ‘‘(iv) related rulemaking activity.
18 ‘‘(C) NOTICE AND COMMENT.—
† HR 3684 EAS
825
1 a regulatory update under subparagraph
2 (D).
3 ‘‘(ii) NOTICE OF PROPOSED RULE-
† HR 3684 EAS
826
1 activities at the Transportation Technology Center in Pueb-
2 lo, Colorado.
3 ‘‘(e) OFFSETTING COLLECTIONS.—The Secretary may
4 collect fees or rents from facility users to offset appropriated
5 amounts for the cost of providing facilities or research, de-
6 velopment, testing, training, or other services, including
7 long-term sustainment of the on-site physical plant.
8 ‘‘(f) REVOLVING FUND.—Amounts appropriated to
9 carry out subsection (d) and all fees and rents collected pur-
10 suant to subsection (e) shall be credited to a revolving fund
11 and remain available until expended. The Secretary may
12 use such fees and rents for operation, maintenance, repair,
13 or improvement of the Transportation Technology Center.
14 ‘‘(g) LEASES AND CONTRACTS.—Notwithstanding sec-
15 tion 1302 of title 40, the Secretary may lease to others or
16 enter into contracts for terms of up to 20 years, for such
17 consideration and subject to such terms and conditions as
18 the Secretary determines to be in the best interests of the
19 Government of the United States, for the operation, mainte-
20 nance, repair, and improvement of the Transportation
21 Technology Center.
22 ‘‘(h) PROPERTY AND CASUALTY LOSS INSURANCE.—
23 The Secretary may allow its lessees and contractors to pur-
24 chase property and casualty loss insurance for its assets
25 and activities at the Transportation Technology Center to
† HR 3684 EAS
827
1 mitigate the lessee’s or contractor’s risk associated with op-
2 erating a facility.
3 ‘‘(i) ENERGY PROJECTS.—Notwithstanding section
4 1341 of title 31, the Secretary may enter into contracts or
5 agreements, or commit to obligations in connection with
6 third-party contracts or agreements, including contingent
7 liability for the purchase of electric power in connection
8 with such contracts or agreements, for terms not to exceed
9 20 years, to enable the use of the land at the Transportation
10 Technology Center for projects to produce energy from re-
11 newable sources.’’.
12 SEC. 22413. RAIL RESEARCH AND DEVELOPMENT CENTER
13 OF EXCELLENCE.
18 EXCELLENCE.—
19 ‘‘(1) CENTER OF EXCELLENCE.—The Secretary
20 shall award grants to establish and maintain a center
21 of excellence to advance research and development that
22 improves the safety, efficiency, and reliability of pas-
23 senger and freight rail transportation.
24 ‘‘(2) ELIGIBILITY.—An institution of higher edu-
25 cation (as defined in section 101 of the Higher Edu-
† HR 3684 EAS
828
1 cation Act of 1965 (20 U.S.C. 1001)) or a consortium
2 of nonprofit institutions of higher education shall be
3 eligible to receive a grant from the center established
4 pursuant to paragraph (1).
5 ‘‘(3) SELECTION CRITERIA.—In awarding a
6 grant under this subsection, the Secretary shall—
7 ‘‘(A) give preference to applicants with
8 strong past performance related to rail research,
9 education, and workforce development activities;
10 ‘‘(B) consider the extent to which the appli-
11 cant would involve public and private sector
12 passenger and freight railroad operators; and
13 ‘‘(C) consider the regional and national im-
14 pacts of the applicant’s proposal.
15 ‘‘(4) USE OF FUNDS.—Grant funds awarded
16 pursuant to this subsection shall be used for basic and
17 applied research, evaluation, education, workforce de-
18 velopment, and training efforts related to safety,
19 project delivery, efficiency, reliability, resiliency, and
20 sustainability of urban commuter, intercity high-
21 speed, and freight rail transportation, to include ad-
22 vances in rolling stock, advanced positive train con-
23 trol, human factors, rail infrastructure, shared cor-
24 ridors, grade crossing safety, inspection technology,
25 remote sensing, rail systems maintenance, network re-
† HR 3684 EAS
829
1 siliency, operational reliability, energy efficiency, and
2 other advanced technologies.
3 ‘‘(5) FEDERAL SHARE.—The Federal share of a
4 grant awarded under this subsection shall be 50 per-
5 cent of the cost of establishing and operating the cen-
6 ter of excellence and related research activities carried
7 out by the grant recipient.’’.
8 SEC. 22414. QUARTERLY REPORT ON POSITIVE TRAIN CON-
† HR 3684 EAS
830
1 train control Implementation Plan described in sub-
2 section (a)(1).
3 ‘‘(2) REQUIRED INFORMATION.—Each report
4 submitted pursuant to paragraph (1) shall include,
5 for the applicable reporting period—
6 ‘‘(A) the number of positive train control
7 system initialization failures, disaggregated by
8 the number of initialization failures for which
9 the source or cause was the onboard subsystem,
10 the wayside subsystem, the communications sub-
11 system, the back office subsystem, or a non-posi-
12 tive train control component;
13 ‘‘(B) the number of positive train control
14 system cut outs, disaggregated by each compo-
15 nent listed in subparagraph (A) that was the
16 source or cause of such cut outs;
17 ‘‘(C) the number of positive train control
18 system malfunctions, disaggregated by each com-
19 ponent listed in subparagraph (A) that was the
20 source or cause of such malfunctions;
21 ‘‘(D) the number of enforcements by the
22 positive train control system;
23 ‘‘(E) the number of enforcements by the
24 positive train control system in which it is rea-
† HR 3684 EAS
831
1 sonable to assume an accident or incident was
2 prevented;
3 ‘‘(F) the number of scheduled attempts at
4 initialization of the positive train control sys-
5 tem;
6 ‘‘(G) the number of train miles governed by
7 the positive train control system; and
8 ‘‘(H) a summary of any actions the host
9 railroad and its tenant railroads are taking to
10 reduce the frequency and rate of initialization
11 failures, cut outs, and malfunctions, such as any
12 actions to correct or eliminate systemic issues
13 and specific problems.
14 ‘‘(3) DUE DATES.—
† HR 3684 EAS
832
1 ‘‘(iv) January 31, for the period from
2 October 1 through December 31 of the prior
3 calendar year.
4 ‘‘(B) FREQUENCY REDUCTION.—Beginning
† HR 3684 EAS
833
1 FRA–TA–2010–001 or FRA–TA–2013–003 shall
2 begin submitting the metric required under para-
3 graph (2)(D) not later than January 31, 2023.’’.
4 SEC. 22415. SPEED LIMIT ACTION PLANS.
† HR 3684 EAS
834
1 and the maximum authorized operating speed for
2 passenger trains at that curve, bridge, or tunnel;
3 ‘‘(2) describes appropriate actions to enable
4 warning and enforcement of the maximum authorized
5 speed for passenger trains at each location identified
6 under paragraph (1), including—
7 ‘‘(A) modification to automatic train con-
8 trol systems, if applicable, or other signal sys-
9 tems;
10 ‘‘(B) increased crew size;
11 ‘‘(C) installation of signage alerting train
12 crews of the maximum authorized speed for pas-
13 senger trains in each location identified under
14 paragraph (1);
15 ‘‘(D) installation of alerters;
16 ‘‘(E) increased crew communication; and
17 ‘‘(F) other practices;
18 ‘‘(3) contains milestones and target dates for im-
19 plementing each appropriate action described under
20 paragraph (2); and
21 ‘‘(4) ensures compliance with the maximum au-
22 thorized speed at each location identified under para-
23 graph (1).
24 ‘‘(c) APPROVAL.—Not later than 90 days after the date
25 on which an action plan is submitted under subsection (b)
† HR 3684 EAS
835
1 or (d)(2), the Secretary shall approve, approve with condi-
2 tions, or disapprove the action plan.
3 ‘‘(d) PERIODIC REVIEWS AND UPDATES.—Each rail-
4 road carrier that submits an action plan to the Secretary
5 pursuant to subsection (b) shall—
6 ‘‘(1) not later than 1 year after the date of enact-
7 ment of the Passenger Rail Expansion and Rail Safe-
8 ty Act of 2021, and annually thereafter, review such
9 plan to ensure the effectiveness of actions taken to en-
10 able warning and enforcement of the maximum au-
11 thorized speed for passenger trains at each location
12 identified pursuant to subsection (b)(1); and
13 ‘‘(2) not later than 90 days before implementing
14 any significant operational or territorial operating
15 change, including initiating a new service or route,
16 submit to the Secretary a revised action plan, after
17 consultation with any applicable host railroad, that
18 addresses such operational or territorial operating
19 change.
20 ‘‘(e) NEW SERVICE.—If a railroad carrier providing
21 intercity rail passenger transportation or commuter rail
22 passenger transportation did not exist on the date of enact-
23 ment of the FAST Act (Public Law 114–94; 129 Stat.
24 1312), such railroad carrier, in consultation with any ap-
25 plicable host railroad carrier, shall—
† HR 3684 EAS
836
1 ‘‘(1) survey its routes pursuant to subsection (a)
2 not later than 90 days after the date of enactment of
3 the Passenger Rail Expansion and Rail Safety Act of
4 2021; and
5 ‘‘(2) develop an action plan pursuant to sub-
6 section (b) not later than 120 days after the date on
7 which such survey is complete.
8 ‘‘(f) ALTERNATIVE SAFETY MEASURES.—The Sec-
9 retary may exempt from the requirements under this section
10 each segment of track for which operations are governed by
11 a positive train control system certified under section
12 20157, or any other safety technology or practice that would
13 achieve an equivalent or greater level of safety in reducing
14 derailment risk.
15 ‘‘(g) PROHIBITION.—No new intercity or commuter
16 rail passenger service may begin operation unless the rail-
17 road carrier providing such service is in compliance with
18 the requirements under this section.
19 ‘‘(h) SAVINGS CLAUSE.—Nothing in this section may
20 be construed to prohibit the Secretary from applying the
21 requirements under this section to other segments of track
22 at high risk of overspeed derailment.’’.
23 (b) CLERICAL AMENDMENT.—The analysis for chapter
24 201 of subtitle V of title 49, United States Code, is amended
25 by adding at the end the following:
‘‘20169. Speed limit action plans.’’.
† HR 3684 EAS
837
1 SEC. 22416. NEW PASSENGER SERVICE PRE-REVENUE SAFE-
2 TY VALIDATION PLAN.
† HR 3684 EAS
840
1 ‘‘(3) APPLICABILITY.—This subsection shall not
2 apply to any investigation carried out by the Na-
3 tional Transportation Safety Board.’’.
4 SEC. 22418. CIVIL PENALTY ENFORCEMENT AUTHORITY.
† HR 3684 EAS
841
1 lect a civil penalty imposed or compromise under this sec-
2 tion and any accrued interest on the civil penalty. In the
3 civil action, the amount and appropriateness of the civil
4 penalty shall not be subject to review.’’.
5 SEC. 22419. ADVANCING SAFETY AND INNOVATIVE TECH-
6 NOLOGY.
† HR 3684 EAS
842
1 SEC. 22420. PASSENGER RAIL VEHICLE OCCUPANT PROTEC-
2 TION SYSTEMS.
† HR 3684 EAS
843
1 (2) publish such report on the website of the Fed-
2 eral Railroad Administration.
3 (d) RULEMAKING.—Following the completion of the
4 study required under subsection (a), and after considering
5 the costs and benefits of the proposed protection systems,
6 the Administrator may promulgate a rule that establishes
7 standards for the use of occupant protection systems in new
8 passenger rail rolling stock.
9 SEC. 22421. FEDERAL RAILROAD ADMINISTRATION REPORT-
10 ING REQUIREMENTS.
† HR 3684 EAS
844
1 statutorily required is duplicative or unnecessary, the
2 FRA Administrator, after consultation with the Ad-
3 ministrator of the Federal Transit Administration,
4 shall terminate such requirement.
5 (3) REPORT.—Not later than 1 year after the
6 date of enactment of this Act, the FRA Administrator
7 shall submit a report to the Committee on Commerce,
8 Science, and Transportation of the Senate and the
9 Committee on Transportation and Infrastructure of
10 the House of Representatives that—
11 (A) identifies all of the reporting or paper-
12 work requirements that were terminated pursu-
13 ant to paragraph (2); and
14 (B) identifies any statutory reporting or
15 paperwork requirements that are duplicative or
16 unnecessary and should be repealed.
17 (b) SAFETY REPORTING.—Not later than 1 year after
18 the date of enactment of this Act, and annually thereafter
19 for the following 4 years, the Secretary shall update Special
20 Study Block 49 on Form FRA F 6180.54 (Rail Equipment
21 Accident/Incident Report) to collect, with respect to trains
22 involved in accidents required to be reported to the Federal
23 Railroad Administration—
24 (1) the number of cars and length of the involved
25 trains; and
† HR 3684 EAS
845
1 (2) the number of crew members who were
2 aboard a controlling locomotive involved in an acci-
3 dent at the time of such accident.
4 SEC. 22422. NATIONAL ACADEMIES STUDY ON TRAINS
† HR 3684 EAS
846
1 (C) any potential changes in the risk of
2 derailments, including any risks associated with
3 in-train compressive forces and slack action or
4 other safety risks in the operations of such trains
5 in differing terrains and conditions;
6 (D) any potential impacts associated with
7 the deployment of multiple distributed power
8 units in the consists of such trains; and
9 (E) any potential impacts on braking and
10 locomotive performance and track wear and tear;
11 (2) evaluate any impacts on scheduling and effi-
12 ciency of passenger operations and in the shipping of
13 goods by freight as a result of longer trains;
14 (3) determine whether additional engineer and
15 conductor training is required for safely operating
16 such trains;
17 (4) assess the potential impact on the amount of
18 time and frequency of occurrence highway-rail grade
19 crossings are occupied; and
20 (5) identify any potential environmental im-
21 pacts, including greenhouse gas emissions, that have
22 resulted from the operation of longer trains.
23 (c) COMPARISON.—When evaluating the potential im-
24 pacts of the operation of trains longer than 7,500 feet under
25 subsection (b), the impacts of such trains shall be compared
† HR 3684 EAS
847
1 to the impacts of trains that are shorter than 7,500 feet,
2 after taking into account train frequency.
3 (d) REPORT.—Not later than 2 years after the date
4 of enactment of this Act, the Secretary shall submit a report
5 to the Committee on Commerce, Science, and Transpor-
6 tation of the Senate and the Committee on Transportation
7 and Infrastructure of the House of Representatives that con-
8 tains the results of the study conducted by the National
9 Academies under this section.
10 (e) FUNDING.—From the amounts appropriated for
11 fiscal year 2021 pursuant to the authorization under sec-
12 tion 20117(a) of title 49, United States Code, the Secretary
13 shall expend not less than $1,000,000 and not more than
14 $2,000,000 to carry out the study required under this sec-
15 tion.
16 SEC. 22423. HIGH-SPEED TRAIN NOISE EMISSIONS.
† HR 3684 EAS
848
1 prescribe regulations governing railroad-related noise
2 emission standards for trains operating on the gen-
3 eral railroad system of transportation at speeds ex-
4 ceeding 160 miles per hour, including noise related to
5 magnetic levitation systems and other new tech-
6 nologies not traditionally associated with railroads.
7 ‘‘(2) FACTORS IN RULEMAKING.—The regulations
8 prescribed pursuant to paragraph (1) may—
9 ‘‘(A) consider variances in maximum pass-
10 by noise with respect to the speed of the equip-
11 ment;
12 ‘‘(B) account for current engineering best
13 practices; and
14 ‘‘(C) encourage the use of noise mitigation
15 techniques to the extent reasonable if the benefits
16 exceed the costs.
17 ‘‘(3) CONVENTIONAL-SPEED TRAINS.—Railroad-
† HR 3684 EAS
849
1 Acts, the Interstate Commerce Act, and the Department of
2 Transportation Act’’ and inserting ‘‘subtitle V of title 49,
3 United States Code’’.
4 SEC. 22424. CRITICAL INCIDENT STRESS PLANS.
19 STATES.
† HR 3684 EAS
850
1 ‘‘§ 20171. Requirements for railroad freight cars
2 placed into service in the United States
† HR 3684 EAS
852
1 ‘‘(A) a box car;
2 ‘‘(B) a refrigerator car;
3 ‘‘(C) a ventilator car;
4 ‘‘(D) an intermodal well car;
5 ‘‘(E) a gondola car;
6 ‘‘(F) a hopper car;
7 ‘‘(G) an auto rack car;
8 ‘‘(H) a flat car;
9 ‘‘(I) a special car;
10 ‘‘(J) a caboose car;
11 ‘‘(K) a tank car; and
12 ‘‘(L) a yard car.
13 ‘‘(9) SENSITIVE TECHNOLOGY.—The term ‘sen-
14 sitive technology’ means any device embedded with
15 electronics, software, sensors, or other connectivity,
16 that enables the device to connect to, collect data from,
17 or exchange data with another device, including—
18 ‘‘(A) onboard telematics;
19 ‘‘(B) remote monitoring software;
20 ‘‘(C) firmware;
21 ‘‘(D) analytics;
22 ‘‘(E) global positioning system satellite and
23 cellular location tracking systems;
24 ‘‘(F) event status sensors;
† HR 3684 EAS
853
1 ‘‘(G) predictive component condition and
2 performance monitoring sensors; and
3 ‘‘(H) similar sensitive technologies embed-
4 ded into freight railcar components and sub-as-
5 semblies.
6 ‘‘(10) STATE-OWNED ENTERPRISE.—The term
7 ‘state-owned enterprise’ means—
8 ‘‘(A) an entity that is owned by, or under
9 the control of, a national, provincial, or local
10 government of a country of concern, or an agen-
11 cy of such government; or
12 ‘‘(B) an individual acting under the direc-
13 tion or influence of a government or agency de-
14 scribed in subparagraph (A).
15 ‘‘(11) SUBSTANTIALLY TRANSFORMED.—The
† HR 3684 EAS
854
1 States-Mexico-Canada Agreement Implementation Act
2 (19 U.S.C. 4502).
3 ‘‘(b) REQUIREMENTS FOR RAILROAD FREIGHT
4 CARS.—
5 ‘‘(1) LIMITATION ON RAILROAD FREIGHT CARS.—
† HR 3684 EAS
855
1 thority to have violated or infringed valid
2 United States intellectual property rights of an-
3 other including such a finding by a Federal dis-
4 trict court under title 35 or the U.S. Inter-
5 national Trade Commission under section 337 of
6 the Tariff Act of 1930 (19 U.S.C. 1337).
7 ‘‘(2) LIMITATION ON RAILROAD FREIGHT CAR
8 CONTENT.—
† HR 3684 EAS
856
1 freight car described in paragraph (1) may
2 operate on the United States general rail-
3 road system of transportation only if not
4 more than 15 percent of the content of the
5 railroad freight car, calculated by the net
6 cost of all components of the car and exclud-
7 ing the cost of sensitive technology, origi-
8 nates from a country of concern or is
9 sourced from a state-owned enterprise.
10 ‘‘(B) CONFLICT.—The percentages specified
11 in clauses (i) and (ii) of subparagraph (A), as
12 applicable, shall apply notwithstanding any ap-
13 parent conflict with provisions of chapter 4 of
14 the USMCA.
15 ‘‘(c) REGULATIONS AND PENALTIES.—
16 ‘‘(1) REGULATIONS REQUIRED.—Not later than 2
17 years after the date of enactment of the Passenger
18 Rail Expansion and Rail Safety Act of 2021, the Sec-
19 retary of Transportation shall issue such regulations
20 as are necessary to carry out this section, including
21 for the monitoring and sensitive technology require-
22 ments of this section.
23 ‘‘(2) CERTIFICATION REQUIRED.—To be eligible
24 to provide a railroad freight car for operation on the
25 United States general railroad system of transpor-
† HR 3684 EAS
857
1 tation, the manufacturer of such car shall annually
2 certify to the Secretary of Transportation that any
3 railroad freight cars to be so provided meet the re-
4 quirements under this section.
5 ‘‘(3) COMPLIANCE.—
6 ‘‘(A) VALID CERTIFICATION REQUIRED.—At
† HR 3684 EAS
858
1 ‘‘(B) PROHIBITION ON OPERATION FOR VIO-
20 SAFETY ISSUES.
† HR 3684 EAS
859
1 the relevant Federal, State, and local oversight agen-
2 cies; and
3 (2) post the information described in paragraph
4 (1) on a publicly accessible website.
5 SEC. 22427. CONTROLLED SUBSTANCES TESTING FOR ME-
6 CHANICAL EMPLOYEES.
† HR 3684 EAS
860
1 ‘‘(1) $360,000,000 for fiscal year 2022;
2 ‘‘(2) $367,500,000 for fiscal year 2023;
3 ‘‘(3) $375,000,000 for fiscal year 2024;
4 ‘‘(4) $382,500,000 for fiscal year 2025; and
5 ‘‘(5) $390,000,000 for fiscal year 2026.’’.
6 (b) FINANCIAL ASSISTANCE PROGRAMS.—Section
7 31104 of title 49, United States Code, is amended—
8 (1) by striking subsection (a) and inserting the
9 following:
10 ‘‘(a) FINANCIAL ASSISTANCE PROGRAMS.—There are
11 authorized to be appropriated from the Highway Trust
12 Fund (other than the Mass Transit Account)—
13 ‘‘(1) subject to subsection (c), to carry out the
14 motor carrier safety assistance program under section
15 31102 (other than the high priority program under
16 subsection (l) of that section)—
17 ‘‘(A) $390,500,000 for fiscal year 2022;
18 ‘‘(B) $398,500,000 for fiscal year 2023;
19 ‘‘(C) $406,500,000 for fiscal year 2024;
20 ‘‘(D) $414,500,000 for fiscal year 2025; and
21 ‘‘(E) $422,500,000 for fiscal year 2026;
22 ‘‘(2) subject to subsection (c), to carry out the
23 high priority program under section 31102(l) (other
24 than the commercial motor vehicle enforcement train-
† HR 3684 EAS
861
1 ing and support grant program under paragraph (5)
2 of that section)—
3 ‘‘(A) $57,600,000 for fiscal year 2022;
4 ‘‘(B) $58,800,000 for fiscal year 2023;
5 ‘‘(C) $60,000,000 for fiscal year 2024;
6 ‘‘(D) $61,200,000 for fiscal year 2025; and
7 ‘‘(E) $62,400,000 for fiscal year 2026;
8 ‘‘(3) to carry out the commercial motor vehicle
9 enforcement training and support grant program
10 under section 31102(l)(5), $5,000,000 for each of fis-
11 cal years 2022 through 2026;
12 ‘‘(4) to carry out the commercial motor vehicle
13 operators grant program under section 31103—
14 ‘‘(A) $1,100,000 for fiscal year 2022;
15 ‘‘(B) $1,200,000 for fiscal year 2023;
16 ‘‘(C) $1,300,000 for fiscal year 2024;
17 ‘‘(D) $1,400,000 for fiscal year 2025; and
18 ‘‘(E) $1,500,000 for fiscal year 2026; and
19 ‘‘(5) subject to subsection (c), to carry out the fi-
20 nancial assistance program for commercial driver’s
21 license implementation under section 31313—
22 ‘‘(A) $41,800,000 for fiscal year 2022;
23 ‘‘(B) $42,650,000 for fiscal year 2023;
24 ‘‘(C) $43,500,000 for fiscal year 2024;
25 ‘‘(D) $44,350,000 for fiscal year 2025; and
† HR 3684 EAS
862
1 ‘‘(E) $45,200,000 for fiscal year 2026.’’;
2 (2) in subsection (b)(2)—
3 (A) in the third sentence, by striking ‘‘The
4 Secretary’’ and inserting the following:
5 ‘‘(C) IN-KIND CONTRIBUTIONS.—The Sec-
6 retary’’;
7 (B) in the second sentence, by striking ‘‘The
8 Secretary’’ and inserting the following:
9 ‘‘(B) LIMITATION.—The Secretary’’;
10 (C) in the first sentence—
11 (i) by inserting ‘‘(except subsection
12 (l)(5) of that section)’’ after ‘‘section
13 31102’’; and
14 (ii) by striking ‘‘The Secretary’’ and
15 inserting the following:
16 ‘‘(A) REIMBURSEMENT PERCENTAGE.—
† HR 3684 EAS
863
1 section 31102(l)(5), an amount that is equal
2 to 100 percent of the costs incurred by the
3 recipient in a fiscal year in developing and
4 implementing a training program under
5 that section.’’;
6 (3) in subsection (c)—
7 (A) in the subsection heading, by striking
8 ‘‘PARTNER TRAINING AND’’;
† HR 3684 EAS
864
1 ‘‘(4) For grants made for carrying out section
2 31102(l)(5), for the fiscal year in which the Secretary
3 approves the financial assistance agreement and for
4 the next 4 fiscal years.’’; and
5 (5) in subsection (i)—
6 (A) by striking ‘‘Amounts not expended’’
7 and inserting the following:
8 ‘‘(1) IN GENERAL.—Except as provided in para-
9 graph (2), amounts not expended’’; and
10 (B) by adding at the end the following:
11 ‘‘(2) MOTOR CARRIER SAFETY ASSISTANCE PRO-
† HR 3684 EAS
865
1 SEC. 23002. MOTOR CARRIER SAFETY ADVISORY COM-
2 MITTEE.
† HR 3684 EAS
867
1 ‘‘(II) by any occupant, including
2 the operator, of a commercial motor ve-
3 hicle; and
4 ‘‘(v) in addition to any funds other-
5 wise made available for the recognition, pre-
6 vention, and reporting of human traf-
7 ficking, to support the recognition, preven-
8 tion, and reporting of human trafficking.’’.
9 SEC. 23004. IMMOBILIZATION GRANT PROGRAM.
† HR 3684 EAS
868
1 ‘‘(C) LIST OF CRITERIA FOR IMMOBILIZA-
† HR 3684 EAS
869
1 ‘‘(ii) safety inspections of those pas-
2 senger-carrying commercial motor vehicles;
3 and
4 ‘‘(iii) any other activity relating to an
5 activity described in clause (i) or (ii), as
6 determined by the Secretary.
7 ‘‘(F) SECRETARY AUTHORIZATION.—The
† HR 3684 EAS
870
1 entities described in subparagraph (C) for the
2 purposes described in subparagraph (B).
3 ‘‘(B) PURPOSES.—The purposes of the grant
4 program under subparagraph (A) are—
5 ‘‘(i) to train non-Federal employees
6 who conduct commercial motor vehicle en-
7 forcement activities; and
8 ‘‘(ii) to develop related training mate-
9 rials.
10 ‘‘(C) ELIGIBLE ENTITIES.—An entity eligi-
11 ble for a discretionary grant under the program
12 described in subparagraph (A) is a nonprofit or-
13 ganization that has—
14 ‘‘(i) expertise in conducting a training
15 program for non-Federal employees; and
16 ‘‘(ii) the ability to reach and involve
17 in a training program a target population
18 of commercial motor vehicle safety enforce-
19 ment employees.’’.
20 SEC. 23006. STUDY OF COMMERCIAL MOTOR VEHICLE
21 CRASH CAUSATION.
† HR 3684 EAS
871
1 the term in section 31132 of title 49, United States
2 Code.
3 (2) STUDY.—The term ‘‘study’’ means the study
4 carried out under subsection (b).
5 (b) STUDY.—The Secretary shall carry out a com-
6 prehensive study—
7 (1) to determine the causes of, and contributing
8 factors to, crashes that involve a commercial motor
9 vehicle; and
10 (2) to identify data requirements, data collection
11 procedures, reports, and any other measures that can
12 be used to improve the ability of States and the Sec-
13 retary—
14 (A) to evaluate future crashes involving
15 commercial motor vehicles;
16 (B) to monitor crash trends and identify
17 causes and contributing factors; and
18 (C) to develop effective safety improvement
19 policies and programs.
20 (c) DESIGN.—The study shall be designed to yield in-
21 formation that can be used to help policy makers, regu-
22 lators, and law enforcement identify activities and other
23 measures that are likely to lead to reductions in—
24 (1) the frequency of crashes involving a commer-
25 cial motor vehicle;
† HR 3684 EAS
872
1 (2) the severity of crashes involving a commer-
2 cial motor vehicle; and
3 (3) fatalities and injuries.
4 (d) CONSULTATION.—In designing and carrying out
5 the study, the Secretary may consult with individuals or
6 entities with expertise on—
7 (1) crash causation and prevention;
8 (2) commercial motor vehicles, commercial driv-
9 ers, and motor carriers, including passenger carriers;
10 (3) highways and noncommercial motor vehicles
11 and drivers;
12 (4) Federal and State highway and motor car-
13 rier safety programs;
14 (5) research methods and statistical analysis;
15 and
16 (6) other relevant topics, as determined by the
17 Secretary.
18 (e) PUBLIC COMMENT.—The Secretary shall make
19 available for public comment information about the objec-
20 tives, methodology, implementation, findings, and other as-
21 pects of the study.
22 (f) REPORTS.—As soon as practicable after the date
23 on which the study is completed, the Secretary shall submit
24 to Congress a report describing the results of the study and
25 any legislative recommendations to facilitate reductions in
† HR 3684 EAS
873
1 the matters described in paragraphs (1) through (3) of sub-
2 section (c).
3 SEC. 23007. PROMOTING WOMEN IN THE TRUCKING WORK-
4 FORCE.
† HR 3684 EAS
874
1 women, including through programs that support recruit-
2 ment, driver training, and mentorship.
3 (c) DEFINITIONS.—In this section:
4 (1) ADMINISTRATOR.—The term ‘‘Adminis-
5 trator’’ means the Administrator of the Federal Motor
6 Carrier Safety Administration.
7 (2) BOARD.—The term ‘‘Board’’ means the
8 Women of Trucking Advisory Board established under
9 subsection (d)(1).
10 (3) LARGE TRUCKING COMPANY.—The term
11 ‘‘large trucking company’’ means a motor carrier (as
12 defined in section 13102 of title 49, United States
13 Code) with more than 100 power units.
14 (4) MID-SIZED TRUCKING COMPANY.—The term
15 ‘‘mid-sized trucking company’’ means a motor carrier
16 (as defined in section 13102 of title 49, United States
17 Code) with not fewer than 11 power units and not
18 more than 100 power units.
19 (5) POWER UNIT.—The term ‘‘power unit’’
20 means a self-propelled vehicle under the jurisdiction
21 of the Federal Motor Carrier Safety Administration.
22 (6) SMALL TRUCKING COMPANY.—The term
23 ‘‘small trucking company’’ means a motor carrier (as
24 defined in section 13102 of title 49, United States
† HR 3684 EAS
875
1 Code) with not fewer than 1 power unit and not more
2 than 10 power units.
3 (d) WOMEN OF TRUCKING ADVISORY BOARD.—
4 (1) ESTABLISHMENT.—To encourage women to
5 enter the field of trucking, the Administrator shall es-
6 tablish and facilitate an advisory board, to be known
7 as the ‘‘Women of Trucking Advisory Board’’, to re-
8 view and report on policies that—
9 (A) provide education, training,
10 mentorship, or outreach to women in the truck-
11 ing industry; and
12 (B) recruit, retain, or advance women in
13 the trucking industry.
14 (2) MEMBERSHIP.—
15 (A) IN GENERAL.—The Board shall be com-
16 posed of not fewer than 8 members whose back-
17 grounds, experience, and certifications allow
18 those members to contribute balanced points of
19 view and diverse ideas regarding the matters de-
20 scribed in paragraph (3)(B).
21 (B) APPOINTMENT.—
22 (i) IN GENERAL.—Not later than 270
23 days after the date of enactment of this Act,
24 the Administrator shall appoint the mem-
25 bers of the Board, of whom—
† HR 3684 EAS
876
1 (I) not fewer than 1 shall be a
2 representative of large trucking compa-
3 nies;
4 (II) not fewer than 1 shall be a
5 representative of mid-sized trucking
6 companies;
7 (III) not fewer than 1 shall be a
8 representative of small trucking com-
9 panies;
10 (IV) not fewer than 1 shall be a
11 representative of nonprofit organiza-
12 tions in the trucking industry;
13 (V) not fewer than 1 shall be a
14 representative of trucking business as-
15 sociations;
16 (VI) not fewer than 1 shall be a
17 representative of independent owner-
18 operators;
19 (VII) not fewer than 1 shall be a
20 woman who is a professional truck
21 driver; and
22 (VIII) not fewer than 1 shall be a
23 representative of an institution of high-
24 er education or trucking trade school.
† HR 3684 EAS
877
1 (ii) DIVERSITY.—A member of the
2 Board appointed under any of subclauses
3 (I) through (VIII) of clause (i) may not be
4 appointed under any other subclause of that
5 clause.
6 (C) TERMS.—Each member shall be ap-
7 pointed for the life of the Board.
8 (D) COMPENSATION.—A member of the
9 Board shall serve without compensation.
10 (3) DUTIES.—
11 (A) IN GENERAL.—The Board shall iden-
12 tify—
13 (i) barriers and industry trends that
14 directly or indirectly discourage women
15 from pursuing and retaining careers in
16 trucking, including—
17 (I) any particular barriers and
18 trends that impact women minority
19 groups;
20 (II) any particular barriers and
21 trends that impact women who live in
22 rural, suburban, or urban areas; and
23 (III) any safety risks unique to
24 women in the trucking industry;
† HR 3684 EAS
878
1 (ii) ways in which the functions of
2 trucking companies, nonprofit organiza-
3 tions, training and education providers,
4 and trucking associations may be coordi-
5 nated to facilitate support for women pur-
6 suing careers in trucking;
7 (iii) opportunities to expand existing
8 opportunities for women in the trucking in-
9 dustry; and
10 (iv) opportunities to enhance trucking
11 training, mentorship, education, and ad-
12 vancement and outreach programs that
13 would increase the number of women in the
14 trucking industry.
15 (B) REPORT.—Not later than 2 years after
16 the date of enactment of this Act, the Board shall
17 submit to the Administrator a report containing
18 the findings and recommendations of the Board,
19 including recommendations that companies, as-
20 sociations, institutions, other organizations, or
21 the Administrator may adopt—
22 (i) to address any industry trends
23 identified under subparagraph (A)(i);
24 (ii) to coordinate the functions of
25 trucking companies, nonprofit organiza-
† HR 3684 EAS
879
1 tions, and trucking associations in a man-
2 ner that facilitates support for women pur-
3 suing careers in trucking;
4 (iii)(I) to take advantage of any op-
5 portunities identified under subparagraph
6 (A)(iii); and
7 (II) to create new opportunities to ex-
8 pand existing scholarship opportunities for
9 women in the trucking industry; and
10 (iv) to enhance trucking training, men-
11 torship, education, and outreach programs
12 that are exclusive to women.
13 (4) REPORT TO CONGRESS.—
† HR 3684 EAS
880
1 Board (or an explanation of the reasons for
2 not adopting the recommendations).
3 (B) PUBLIC AVAILABILITY.—The Adminis-
4 trator shall make the report under subparagraph
5 (A) publicly available—
6 (i) on the website of the Federal Motor
7 Carrier Safety Administration; and
8 (ii) in appropriate offices of the Fed-
9 eral Motor Carrier Safety Administration.
10 (5) TERMINATION.—The Board shall terminate
11 on submission of the report to Congress under para-
12 graph (4).
13 SEC. 23008. STATE INSPECTION OF PASSENGER-CARRYING
† HR 3684 EAS
881
1 final rule relating to the advance notice of proposed
2 rulemaking described in that subsection.
3 (2) CONSIDERATIONS.—In determining whether
4 to issue a final rule under paragraph (1), the Sec-
5 retary shall consider the impact of continuing to
6 allow self-inspection as a means to satisfy periodic
7 inspection requirements on the safety of passenger
8 carrier operations.
9 SEC. 23009. TRUCK LEASING TASK FORCE.
† HR 3684 EAS
882
1 (D) Members of the legal profession who
2 specialize in consumer finance issues, including
3 experience with lease-purchase agreements.
4 (E) Owner-operators in the trucking indus-
5 try with experience regarding lease-purchase
6 agreements.
7 (F) Businesses that provide or are subject to
8 lease-purchase agreements in the trucking indus-
9 try.
10 (2) COMPENSATION.—A member of the Task
11 Force shall serve without compensation.
12 (c) DUTIES.—The Task Force shall examine, at a min-
13 imum—
14 (1) common truck leasing arrangements avail-
15 able to commercial motor vehicle drivers, including
16 lease-purchase agreements;
17 (2) the terms of the leasing agreements described
18 in paragraph (1);
19 (3)(A) the existence of inequitable leasing agree-
20 ments and terms in the motor carrier industry;
21 (B) whether any such inequitable terms and
22 agreements affect the frequency of maintenance per-
23 formed on vehicles subject to those agreements; and
† HR 3684 EAS
883
1 (C) whether any such inequitable terms and
2 agreements affect whether a vehicle is kept in a gen-
3 eral state of good repair;
4 (4) specific agreements available to drayage driv-
5 ers at ports relating to the Clean Truck Program or
6 any similar program to decrease emissions from port
7 operations;
8 (5) the impact of truck leasing agreements on the
9 net compensation of commercial motor vehicle drivers,
10 including port drayage drivers;
11 (6) whether truck leasing agreements properly
12 incentivize the safe operation of vehicles, including
13 driver compliance with the hours of service regula-
14 tions and laws governing speed and safety generally;
15 (7) resources to assist commercial motor vehicle
16 drivers in assessing the financial impacts of leasing
17 agreements; and
18 (8)(A) the opportunity that equitable leasing
19 agreements provide for drivers to start or expand
20 trucking companies; and
21 (B) the history of motor carriers starting from
22 single owner-operators.
23 (d) REPORT.—On completion of the examination
24 under subsection (c), the Task Force shall submit to the Sec-
† HR 3684 EAS
884
1 retary, the Secretary of Labor, and the appropriate commit-
2 tees of Congress a report containing—
3 (1) the findings of the Task Force with respect
4 to the matters described in subsection (c);
5 (2) best practices relating to—
6 (A) assisting a commercial motor vehicle
7 driver in assessing the impacts of leasing agree-
8 ments prior to entering into such an agreement;
9 (B) assisting a commercial motor vehicle
10 driver who has entered into a predatory lease
11 agreement; and
12 (C) preventing coercion and impacts on
13 safety as described in section 31136 of title 49,
14 United States Code; and
15 (3) recommendations relating to changes to laws
16 (including regulations), as applicable, at the Federal,
17 State, or local level to promote fair leasing agree-
18 ments under which a commercial motor vehicle driv-
19 er, including a short haul driver, who is a party to
20 such an agreement is able to earn a rate commensu-
21 rate with other commercial motor vehicle drivers per-
22 forming similar duties.
23 (e) TERMINATION.—Not later than 30 days after the
24 date on which the report under subsection (d) is submitted,
25 the Task Force shall terminate.
† HR 3684 EAS
885
1 SEC. 23010. AUTOMATIC EMERGENCY BRAKING.
† HR 3684 EAS
887
1 (c) FEDERAL MOTOR CARRIER SAFETY REGULA-
2 TION.—Not later than 1 year after the date of enactment
3 of this Act, the Secretary shall prescribe a regulation under
4 section 31136 of title 49, United States Code, that requires
5 that an automatic emergency braking system installed in
6 a commercial motor vehicle manufactured after the effective
7 date of the standard prescribed under subsection (b)(1)(A)
8 that is in operation on or after that date and is subject
9 to section 571.136 of title 49, Code of Federal Regulations
10 (relating to Federal Motor Vehicle Safety Standard Number
11 136) (or a successor regulation) be used at any time during
12 which the commercial motor vehicle is in operation.
13 (d) REPORT ON AUTOMATIC EMERGENCY BRAKING IN
† HR 3684 EAS
888
1 with installing automatic emergency braking systems
2 on a variety of newly manufactured commercial
3 motor vehicles with a gross vehicle weight rating
4 greater than 10,001 pounds.
5 (2) INDEPENDENT RESEARCH.—If the Secretary
6 enters into a contract with a third party to perform
7 research relating to the study required under para-
8 graph (1), the Secretary shall ensure that the third
9 party does not have any financial or contractual ties
10 to, or relationships with—
11 (A) a motor carrier that transports pas-
12 sengers or property for compensation;
13 (B) the motor carrier industry; or
14 (C) an entity producing or supplying auto-
15 matic emergency braking systems.
16 (3) PUBLIC COMMENT.—Not later than 90 days
17 after the date on which the study under paragraph
18 (1) is completed, the Secretary shall—
19 (A) issue a notice in the Federal Register
20 containing the findings of the study; and
21 (B) provide an opportunity for public com-
22 ment.
23 (4) REPORT TO CONGRESS.—Not later than 90
24 days after the conclusion of the public comment pe-
25 riod under paragraph (3)(B), the Secretary shall sub-
† HR 3684 EAS
889
1 mit to the Committee on Commerce, Science, and
2 Transportation of the Senate and the Committees on
3 Transportation and Infrastructure and Energy and
4 Commerce of the House of Representatives a report
5 that includes—
6 (A) the results of the study under para-
7 graph (1);
8 (B) a summary of any comments received
9 under paragraph (3)(B); and
10 (C) a determination as to whether the Sec-
11 retary intends to develop performance require-
12 ments for automatic emergency braking systems
13 for applicable commercial motor vehicles, includ-
14 ing any analysis that led to that determination.
15 (5) RULEMAKING.—Not later than 2 years after
16 the date on which the study under paragraph (1) is
17 completed, the Secretary shall—
18 (A) determine whether a motor vehicle safe-
19 ty standard relating to equipping the commer-
20 cial motor vehicles described in that paragraph
21 with automatic emergency braking systems
22 would meet the requirements and considerations
23 described in subsections (a) and (b) of section
24 30111 of title 49, United States Code; and
† HR 3684 EAS
890
1 (B) if the Secretary determines that a motor
2 vehicle safety standard described in subpara-
3 graph (A) would meet the requirements and con-
4 siderations described in that subparagraph, ini-
5 tiate a rulemaking to prescribe such a motor ve-
6 hicle safety standard.
7 SEC. 23011. UNDERRIDE PROTECTION.
† HR 3684 EAS
891
1 retary shall promulgate such regulations as are
2 necessary to revise sections 571.223 and 571.224
3 of title 49, Code of Federal Regulations (relating
4 to Federal Motor Vehicle Safety Standard Num-
5 bers 223 and 224, respectively), to require trail-
6 ers and semitrailers manufactured after the date
7 on which those regulations are promulgated to be
8 equipped with rear impact guards that are de-
9 signed to prevent passenger compartment intru-
10 sion from a trailer or semitrailer when a pas-
11 senger motor vehicle traveling at 35 miles per
12 hour makes—
13 (i) an impact in which the passenger
14 motor vehicle impacts the center of the rear
15 of the trailer or semitrailer;
16 (ii) an impact in which 50 percent of
17 the width of the passenger motor vehicle
18 overlaps the rear of the trailer or
19 semitrailer; and
20 (iii) an impact in which 30 percent of
21 the width of the passenger motor vehicle
22 overlaps the rear of the trailer or
23 semitrailer, if the Secretary determines that
24 a revision of sections 571.223 and 571.224
25 of title 49, Code of Federal Regulations (re-
† HR 3684 EAS
892
1 lating to Federal Motor Vehicle Safety
2 Standard Numbers 223 and 224, respec-
3 tively) to address such an impact would
4 meet the requirements and considerations
5 described in subsections (a) and (b) of sec-
6 tion 30111 of title 49, United States Code.
7 (B) EFFECTIVE DATE.—The regulations
8 promulgated under subparagraph (A) shall re-
9 quire full compliance with each Federal Motor
10 Vehicle Safety Standard revised pursuant to
11 those regulations not later than 2 years after the
12 date on which those regulations are promulgated.
13 (2) ADDITIONAL RESEARCH.—The Secretary
14 shall conduct additional research on the design and
15 development of rear impact guards that can—
16 (A) prevent underride crashes in cases in
17 which the passenger motor vehicle is traveling at
18 speeds of up to 65 miles per hour; and
19 (B) protect passengers in passenger motor
20 vehicles against severe injury in crashes in which
21 the passenger motor vehicle is traveling at speeds
22 of up to 65 miles per hour.
23 (3) REVIEW OF STANDARDS.—Not later than 5
24 years after the date on which the regulations under
† HR 3684 EAS
893
1 paragraph (1)(A) are promulgated, the Secretary
2 shall—
3 (A) review the Federal Motor Vehicle Safety
4 Standards revised pursuant to those regulations
5 and any other requirements of those regulations
6 relating to rear underride guards on trailers or
7 semitrailers to evaluate the need for changes in
8 response to advancements in technology; and
9 (B) update those Federal Motor Vehicle
10 Safety Standards and those regulations accord-
11 ingly.
12 (4) INSPECTIONS.—
13 (A) IN GENERAL.—Not later than 1 year
14 after the date of enactment of this Act, the Sec-
15 retary shall promulgate such regulations as are
16 necessary to revise the regulations relating to
17 minimum periodic inspection standards under
18 appendix G to subchapter B of chapter III of
19 title 49, Code of Federal Regulations, and the
20 regulations relating to driver vehicle inspection
21 reports under section 396.11 of that title to in-
22 clude requirements relating to rear impact
23 guards and rear end protection that are con-
24 sistent with the requirements described in section
25 393.86 of that title.
† HR 3684 EAS
894
1 (B) CONSIDERATIONS.—In revising the reg-
2 ulations described in subparagraph (A), the Sec-
3 retary shall consider it to be a defect or a defi-
4 ciency if a rear impact guard is missing an, or
5 has a corroded or compromised, element that af-
6 fects the structural integrity and protective fea-
7 ture of the rear impact guard.
8 (c) SIDE UNDERRIDE GUARDS.—
9 (1) IN GENERAL.—Not later than 1 year after
10 the date of enactment of this Act, the Secretary
11 shall—
12 (A) complete additional research on side
13 underride guards to better understand the overall
14 effectiveness of side underride guards;
15 (B) assess the feasibility, benefits, and costs
16 of, and any impacts on intermodal equipment,
17 freight mobility (including port operations), and
18 freight capacity associated with, installing side
19 underride guards on newly manufactured trail-
20 ers and semitrailers with a gross vehicle weight
21 rating of 10,000 pounds or more;
22 (C) consider the unique structural and oper-
23 ational aspects of—
† HR 3684 EAS
895
1 (i) intermodal chassis (as defined in
2 section 340.2 of title 46, Code of Federal
3 Regulations; and
4 (ii) pole trailers (as defined in section
5 390.5 of title 49, Code of Federal Regula-
6 tions; and
7 (D) if warranted, develop performance
8 standards for side underride guards.
9 (2) INDEPENDENT RESEARCH.—If the Secretary
10 enters into a contract with a third party to perform
11 the research required under paragraph (1)(A), the
12 Secretary shall ensure that the third party does not
13 have any financial or contractual ties to, or relation-
14 ships with—
15 (A) a motor carrier that transports pas-
16 sengers or property for compensation;
17 (B) the motor carrier industry; or
18 (C) an entity producing or supplying
19 underride guards.
20 (3) PUBLICATION OF ASSESSMENT.—Not later
21 than 90 days after completion of the assessment re-
22 quired under paragraph (1)(B), the Secretary shall—
23 (A) issue a notice in the Federal Register
24 containing the findings of the assessment; and
† HR 3684 EAS
896
1 (B) provide an opportunity for public com-
2 ment.
3 (4) REPORT TO CONGRESS.—Not later than 90
4 days after the conclusion of the public comment pe-
5 riod under paragraph (3)(B), the Secretary shall sub-
6 mit to the Committee on Commerce, Science, and
7 Transportation of the Senate and the Committee on
8 Transportation and Infrastructure of the House of
9 Representatives a report that includes—
10 (A) the results of the assessment under
11 paragraph (1)(B);
12 (B) a summary of any comments received
13 by the Secretary under paragraph (3)(B); and
14 (C) a determination as to whether the Sec-
15 retary intends to develop performance require-
16 ments for side underride guards, including any
17 analysis that led to that determination.
18 (d) ADVISORY COMMITTEE ON UNDERRIDE PROTEC-
19 TION.—
† HR 3684 EAS
897
1 (A) IN GENERAL.—The Committee shall be
2 composed of not more than 20 members, ap-
3 pointed by the Secretary, who—
4 (i) are not employees of the Depart-
5 ment; and
6 (ii) are qualified to serve on the Com-
7 mittee because of their expertise, training,
8 or experience.
9 (B) REPRESENTATION.—The Committee
10 shall include 2 representatives of each of the fol-
11 lowing:
12 (i) Truck and trailer manufacturers.
13 (ii) Motor carriers, including inde-
14 pendent owner-operators.
15 (iii) Law enforcement.
16 (iv) Motor vehicle engineers.
17 (v) Motor vehicle crash investigators.
18 (vi) Truck safety organizations.
19 (vii) The insurance industry.
20 (viii) Emergency medical service pro-
21 viders.
22 (ix) Families of underride crash vic-
23 tims.
24 (x) Labor organizations.
† HR 3684 EAS
898
1 (3) COMPENSATION.—Members of the Committee
2 shall serve without compensation.
3 (4) MEETINGS.—The Committee shall meet not
4 less frequently than annually.
5 (5) SUPPORT.—On request of the Committee, the
6 Secretary shall provide information, administrative
7 services, and supplies necessary for the Committee to
8 carry out the duties of the Committee.
9 (6) REPORT.—The Committee shall submit to the
10 Committee on Commerce, Science, and Transpor-
11 tation of the Senate and the Committee on Transpor-
12 tation and Infrastructure of the House of Representa-
13 tives a biennial report that—
14 (A) describes the advice and recommenda-
15 tions made to the Secretary; and
16 (B) includes an assessment of progress made
17 by the Secretary in advancing safety regulations
18 relating to underride crashes.
19 (e) DATA COLLECTION.—Not later than 1 year after
20 the date of enactment of this Act, the Secretary shall imple-
21 ment the recommendations described in the report of the
22 Government Accountability Office entitled ‘‘Truck
23 Underride Guards: Improved Data Collection, Inspections,
24 and Research Needed’’, published on March 14, 2019, and
25 numbered GAO–19–264.
† HR 3684 EAS
899
1 SEC. 23012. PROVIDERS OF RECREATIONAL ACTIVITIES.
3 INTERSTATE COMMERCE.
† HR 3684 EAS
902
1 (A) to conduct a visual survey of the house-
2 hold goods to be transported by the covered car-
3 rier—
4 (i) in person; or
5 (ii) virtually, using—
6 (I) a remote camera; or
7 (II) another appropriate tech-
8 nology;
9 (B) to offer a visual survey described in
10 subparagraph (A) for all household goods ship-
11 ments, regardless of the distance between—
12 (i) the location of the household goods;
13 and
14 (ii) the location of the agent of the cov-
15 ered carrier preparing the estimate; and
16 (C) to provide to each shipper a copy of the
17 publication of the Administration entitled
18 ‘‘Ready to Move–Tips for a Successful Interstate
19 Move’’ and numbered ESA–03–005 on receipt
20 from the shipper of a request to schedule, or a
21 waiver of, a visual survey offered under subpara-
22 graph (B).
23 (5) Sections 375.401(b)(1), 375.403(a)(6)(ii),
24 and 375.405(b)(7)(ii), and subpart D of appendix A
25 of part 375, to require that, in any case in which a
† HR 3684 EAS
903
1 shipper tenders any additional item or requests any
2 additional service prior to loading a shipment, the af-
3 fected covered carrier shall—
4 (A) prepare a new estimate; and
5 (B) maintain a record of the date, time,
6 and manner in which the new estimate was ac-
7 cepted by the shipper.
8 (6) Section 375.501(a), to establish that a cov-
9 ered carrier is not required to provide to a shipper
10 an order for service if the covered carrier elects to pro-
11 vide the information described in paragraphs (1)
12 through (15) of that section in a bill of lading that
13 is presented to the shipper before the covered carrier
14 receives the shipment.
15 (7) Subpart H of part 375, to replace the replace
16 the terms ‘‘freight bill’’ and ‘‘expense bill’’ with the
17 term ‘‘invoice’’.
18 SEC. 23014. IMPROVING FEDERAL-STATE MOTOR CARRIER
† HR 3684 EAS
904
1 (2) IMMINENT HAZARD.—The term ‘‘imminent
2 hazard’’ has the same meaning as in section 521 of
3 title 49, United States Code.
4 (b) REVIEW AND ENFORCEMENT OF STATE OUT-OF-
5 SERVICE ORDERS.—As soon as practicable after the date
6 of enactment of this Act, the Secretary shall publish in the
7 Federal Register a process under which the Secretary shall
8 review each out-of-service order issued by a covered State
9 in accordance with section 31144(d) of title 49, United
10 States Code, by not later than 30 days after the date on
11 which the out-of-service order is submitted to the Secretary
12 by the covered State.
13 (c) REVIEW AND ENFORCEMENT OF STATE IMMINENT
14 HAZARD DETERMINATIONS.—
15 (1) IN GENERAL.—As soon as practicable after
16 the date of enactment of this Act, the Secretary shall
17 publish in the Federal Register a process under which
18 the Secretary shall review imminent hazard deter-
19 minations made by covered States.
20 (2) ENFORCEMENT.—On reviewing an imminent
21 hazard determination under paragraph (1), the Sec-
22 retary shall pursue enforcement under section 521 of
23 title 49, United States Code, as the Secretary deter-
24 mines to be appropriate.
† HR 3684 EAS
905
1 SEC. 23015. LIMOUSINE RESEARCH.
† HR 3684 EAS
906
1 given the term in section 30102(a) of title 49, United
2 States Code.
3 (4) STATE.—The term ‘‘State’’ has the meaning
4 given such term in section 30102(a) of title 49,
5 United States Code.
6 (b) CRASHWORTHINESS.—
7 (1) RESEARCH.—Not later than 4 years after the
8 date of enactment of this Act, the Secretary shall com-
9 plete research into the development of motor vehicle
10 safety standards for side impact protection, roof crush
11 resistance, and air bag systems for the protection of
12 occupants in limousines with alternative seating posi-
13 tions, including perimeter seating arrangements.
14 (2) RULEMAKING OR REPORT.—
† HR 3684 EAS
907
1 (III) Air bag systems.
2 (ii) REQUIREMENTS AND CONSIDER-
† HR 3684 EAS
908
1 aid evacuation in the event that an exit in the pas-
2 senger compartment of a limousine is blocked.
3 (2) RULEMAKING OR REPORT.—
† HR 3684 EAS
909
1 Science, and Transportation of the Senate and
2 the Committee on Energy and Commerce of the
3 House of Representatives a report describing the
4 reasons for not prescribing the standard.
5 (d) LIMOUSINE INSPECTION DISCLOSURE.—
6 (1) IN GENERAL.—A limousine operator may not
7 introduce a limousine into interstate commerce unless
8 the limousine operator has prominently disclosed in a
9 clear and conspicuous notice, including on the website
10 of the operator if the operator has a website, the fol-
11 lowing:
12 (A) The date of the most recent inspection
13 of the limousine required under State or Federal
14 law, if applicable.
15 (B) The results of the inspection, if applica-
16 ble.
17 (C) Any corrective action taken by the lim-
18 ousine operator to ensure the limousine passed
19 inspection, if applicable.
20 (2) FEDERAL TRADE COMMISSION ENFORCE-
21 MENT.—
† HR 3684 EAS
910
1 plicable terms and provisions of the Federal
2 Trade Commission Act (15 U.S.C. 41 et seq.)
3 were incorporated into and made a part of this
4 subsection.
5 (B) TREATMENT.—Any person who violates
6 this subsection shall be subject to the penalties
7 and entitled to the privileges and immunities
8 provided in the Federal Trade Commission Act
9 (15 U.S.C. 41 et seq.).
10 (3) SAVINGS PROVISION.—Nothing in this sub-
11 section limits the authority of the Federal Trade
12 Commission under any other provision of law.
13 (4) EFFECTIVE DATE.—This subsection shall take
14 effect on the date that is 180 days after the date of
15 enactment of this Act.
16 SEC. 23016. NATIONAL CONSUMER COMPLAINT DATABASE.
† HR 3684 EAS
911
1 (b) CONTENTS.—The report under subsection (a) shall
2 include—
3 (1) a review of the process and effectiveness of ef-
4 forts to review and follow-up on complaints submitted
5 to the National Consumer Complaint Database;
6 (2) an identification of the top 5 complaint cat-
7 egories;
8 (3) an identification of—
9 (A) the process that the Federal Motor Car-
10 rier Safety Administration uses to determine
11 which entities to take enforcement actions
12 against; and
13 (B) the top categories of enforcement actions
14 taken by the Federal Motor Carrier Safety Ad-
15 ministration;
16 (4) a review of the use of the National Consumer
17 Complaint Database website over the 5-year period
18 ending on December 31, 2020, including information
19 obtained by conducting interviews with drivers, cus-
20 tomers of movers of household goods, brokers, motor
21 carriers, including small business motor carriers, and
22 other users of the website to determine the usability
23 of the website;
† HR 3684 EAS
912
1 (5) a review of efforts taken by the Federal Motor
2 Carrier Safety Administration to raise awareness of
3 the National Consumer Complaint Database; and
4 (6) recommendations, as appropriate, including
5 with respect to methods—
6 (A) for improving the usability of the Na-
7 tional Consumer Complaint Database website;
8 (B) for improving the review of complaints;
9 (C) for using data collected through the Na-
10 tional Consumer Complaint Database to identify
11 bad actors;
12 (D) to improve confidence and transparency
13 in the complaint process; and
14 (E) for improving stakeholder awareness of
15 and participation in the National Consumer
16 Complaint Database and the complaint system,
17 including improved communication about the
18 purpose of the National Consumer Complaint
19 Database.
20 SEC. 23017. ELECTRONIC LOGGING DEVICE OVERSIGHT.
† HR 3684 EAS
913
1 (1) used by the Federal Motor Carrier Safety Ad-
2 ministration—
3 (A) to review electronic logging device logs;
4 and
5 (B) to protect proprietary information and
6 personally identifiable information obtained
7 from electronic logging device logs; and
8 (2) through which an operator may challenge or
9 appeal a violation notice issued by the Federal Motor
10 Carrier Safety Administration relating to an elec-
11 tronic logging device.
12 SEC. 23018. TRANSPORTATION OF AGRICULTURAL COM-
† HR 3684 EAS
914
1 cluding insects) within a 150 air-mile radius
2 from the final destination of the livestock.’’.
3 SEC. 23019. MODIFICATION OF RESTRICTIONS ON CERTAIN
† HR 3684 EAS
915
1 recommendations for countering human trafficking, includ-
2 ing an assessment of previous best practices by transpor-
3 tation stakeholders.
4 SEC. 23021. BROKER GUIDANCE RELATING TO FEDERAL
† HR 3684 EAS
916
1 title 49, United States Code, applicable to a dispatch
2 service.
3 SEC. 23022. APPRENTICESHIP PILOT PROGRAM.
† HR 3684 EAS
917
1 (B) has held a commercial driver’s license
2 for the 2-year period ending on the date on
3 which the individual serves as an experienced
4 driver under subsection (b)(2)(C)(ii);
5 (C) during the 2-year period ending on the
6 date on which the individual serves as an experi-
7 enced driver under subsection (b)(2)(C)(ii), has
8 had no—
9 (i) preventable accidents reportable to
10 the Department; or
11 (ii) pointed moving violations; and
12 (D) has a minimum of 5 years of experience
13 driving a commercial motor vehicle in interstate
14 commerce.
15 (6) ON-DUTY TIME.—The term ‘‘on-duty time’’
16 has the meaning given the term in section 395.2 of
17 title 49, Code of Federal Regulations (as in effect on
18 the date of enactment of this Act).
19 (7) POINTED MOVING VIOLATION.—The term
20 ‘‘pointed moving violation’’ means a violation that
21 results in points being added to the license of a driv-
22 er, or a similar comparable violation, as determined
23 by the Secretary.
24 (b) PILOT PROGRAM.—
† HR 3684 EAS
918
1 (1) IN GENERAL.—Not later than 60 days after
2 the date of enactment of this Act, the Secretary shall
3 establish, in accordance with section 31315(c) of title
4 49, United States Code, a pilot program allowing em-
5 ployers to establish the apprenticeship programs de-
6 scribed in paragraph (2).
7 (2) DESCRIPTION OF APPRENTICESHIP PRO-
† HR 3684 EAS
919
1 (IV) Lane control.
2 (V) Mirror scanning.
3 (VI) Right and left turns.
4 (VII) Logging and complying
5 with rules relating to hours of service.
6 (B) 280-HOUR PROBATIONARY PERIOD.—
† HR 3684 EAS
920
1 (VI) Trip planning, truck routes,
2 map reading, navigation, and permits.
3 (C) RESTRICTIONS FOR PROBATIONARY PE-
† HR 3684 EAS
921
1 satisfaction of the performance benchmarks de-
2 scribed in subparagraphs (A)(ii) and (B)(ii) by
3 the apprentice.
4 (E) REPORTABLE INCIDENTS.—If an ap-
5 prentice is involved in a preventable accident re-
6 portable to the Department or a pointed moving
7 violation while driving a commercial motor vehi-
8 cle as part of an apprenticeship program de-
9 scribed in this paragraph, the apprentice shall
10 undergo remediation and additional training
11 until the apprentice can demonstrate, to the sat-
12 isfaction of the employer, competence in each of
13 the performance benchmarks described in sub-
14 paragraphs (A)(ii) and (B)(ii).
15 (F) COMPLETION OF PROGRAM.—An ap-
16 prentice shall be considered to have completed an
17 apprenticeship program on the date on which the
18 apprentice completes the 280-hour probationary
19 period under subparagraph (B).
20 (G) MINIMUM REQUIREMENTS.—
† HR 3684 EAS
922
1 (ii) TECHNOLOGIES.—Nothing in this
2 section prevents an employer from requiring
3 or installing in a commercial motor vehicle
4 any technology in addition to the tech-
5 nologies described in subparagraph (C)(i).
6 (3) APPRENTICES.—An apprentice may—
7 (A) drive a commercial motor vehicle in
8 interstate commerce while participating in the
9 120-hour probationary period under paragraph
10 (2)(A) or the 280-hour probationary period
11 under paragraph (2)(B) pursuant to an appren-
12 ticeship program established by an employer in
13 accordance with this section; and
14 (B) drive a commercial motor vehicle in
15 interstate commerce after the apprentice com-
16 pletes an apprenticeship program described in
17 paragraph (2), unless the Secretary determines
18 there exists a safety concern.
19 (4) LIMITATION.—The Secretary may not allow
20 more than 3,000 apprentices at any 1 time to partici-
21 pate in the pilot program established under para-
22 graph (1).
23 (c) TERMINATION.—Effective beginning on the date
24 that is 3 years after the date of establishment of the pilot
25 program under subsection (b)(1)—
† HR 3684 EAS
923
1 (1) the pilot program shall terminate; and
2 (2) any driver under the age of 21 who has com-
3 pleted an apprenticeship program described in sub-
4 section (b)(2) may drive a commercial motor vehicle
5 in interstate commerce, unless the Secretary deter-
6 mines there exists a safety concern.
7 (d) NO EFFECT ON LICENSE REQUIREMENT.—Nothing
8 in this section exempts an apprentice from any requirement
9 to hold a commercial driver’s license in order to operate
10 a commercial motor vehicle.
11 (e) DATA COLLECTION.—The Secretary shall collect
12 and analyze—
13 (1) data relating to any incident in which an
14 apprentice participating in the pilot program estab-
15 lished under subsection (b)(1) is involved;
16 (2) data relating to any incident in which a
17 driver under the age of 21 operating a commercial
18 motor vehicle in intrastate commerce is involved; and
19 (3) such other data relating to the safety of ap-
20 prentices aged 18 to 20 years operating in interstate
21 commerce as the Secretary determines to be necessary.
22 (f) LIMITATION.—A driver under the age of 21 partici-
23 pating in the pilot program under this section may not—
24 (1) transport—
25 (A) a passenger; or
† HR 3684 EAS
924
1 (B) hazardous cargo; or
2 (2) operate a commercial motor vehicle—
3 (A) in special configuration; or
4 (B) with a gross vehicle weight rating of
5 more than 80,000 pounds.
6 (g) REPORT TO CONGRESS.—Not later than 120 days
7 after the date of conclusion of the pilot program under sub-
8 section (b), the Secretary shall submit to Congress a report
9 including—
10 (1) the findings and conclusions resulting from
11 the pilot program, including with respect to tech-
12 nologies or training provided by commercial motor
13 carriers for apprentices as part of the pilot program
14 to successfully improve safety;
15 (2) an analysis of the safety record of appren-
16 tices participating in the pilot program, as compared
17 to other commercial motor vehicle drivers;
18 (3) the number of drivers that discontinued par-
19 ticipation in the apprenticeship program before com-
20 pletion;
21 (4) a comparison of the safety records of partici-
22 pating drivers before, during, and after the proba-
23 tionary periods under subparagraphs (A) and (B) of
24 subsection (b)(2);
† HR 3684 EAS
925
1 (5) a comparison, for each participating driver,
2 of average on-duty time, driving time, and time spent
3 away from home terminal before, during, and after
4 the probationary periods referred to in paragraph (4);
5 and
6 (6) a recommendation, based on the data col-
7 lected, regarding whether the level of safety achieved
8 by the pilot program is equivalent to, or greater than,
9 the level of safety for equivalent commercial motor ve-
10 hicle drivers aged 21 years or older.
11 (h) RULE OF CONSTRUCTION.—Nothing in this section
12 affects the authority of the Secretary under section 31315
13 of title 49, United States Code, with respect to the pilot
14 program established under subsection (b)(1), including the
15 authority to revoke participation in, and terminate, the
16 pilot program under paragraphs (3) and (4) of subsection
17 (c) of that section.
18 (i) DRIVER COMPENSATION STUDY.—
19 (1) IN GENERAL.—Not later than 1 year after
20 the date of enactment of this Act, the Secretary, act-
21 ing through the Administrator of the Federal Motor
22 Carrier Safety Administration, shall offer to enter
23 into a contract with the Transportation Research
24 Board under which the Transportation Research
25 Board shall conduct a study of the impacts of various
† HR 3684 EAS
926
1 methods of driver compensation on safety and driver
2 retention, including—
3 (A) hourly pay;
4 (B) payment for detention time; and
5 (C) other payment methods used in the in-
6 dustry as of the date on which the study is con-
7 ducted.
8 (2) CONSULTATION.—In conducting the study
9 under paragraph (1), the Transportation Research
10 Board shall consult with—
11 (A) labor organizations representing com-
12 mercial motor vehicle drivers;
13 (B) representatives of the motor carrier in-
14 dustry, including owner-operators; and
15 (C) such other stakeholders as the Transpor-
16 tation Research Board determines to be relevant.
17 SEC. 23023. LIMOUSINE COMPLIANCE WITH FEDERAL SAFE-
18 TY STANDARDS.
† HR 3684 EAS
927
1 to be installed in limousines on each designated
2 seating position, including on side-facing seats—
3 (i) an occupant restraint system con-
4 sisting of integrated lap-shoulder belts; or
5 (ii) an occupant restraint system con-
6 sisting of a lap belt, if an occupant re-
7 straint system described in clause (i) does
8 not meet the need for motor vehicle safety;
9 and
10 (B) amends Federal Motor Vehicle Safety
11 Standard Number 207 to require limousines to
12 meet standards for seats (including side-facing
13 seats), seat attachment assemblies, and seat in-
14 stallation to minimize the possibility of failure
15 by forces acting on the seats, attachment assem-
16 blies, and installations as a result of motor vehi-
17 cle impact.
18 (2) REPORT ON RETROFIT ASSESSMENT FOR LIM-
† HR 3684 EAS
928
1 tablished under paragraph (1) to a limousine intro-
2 duced into interstate commerce before the date on
3 which the requirement takes effect.
4 (b) MODIFICATIONS OF CERTAIN VEHICLES.—The
5 final rule prescribed under subsection (a)(1) and any stand-
6 ards prescribed under subsection (b) or (c) of section 23015
7 shall apply to a person modifying a passenger motor vehicle
8 (as defined in section 32101 of title 49, United States Code)
9 that has already been purchased by the first purchaser (as
10 defined in section 30102(b) of that title) by increasing the
11 wheelbase of the vehicle to make the vehicle a limousine.
12 (c) APPLICATION.—The requirements of this section
13 apply notwithstanding section 30112(b)(1) of title 49,
14 United States Code.
15 TITLE IV—HIGHWAY AND MOTOR
16 VEHICLE SAFETY
17 Subtitle A—Highway Traffic Safety
18 SEC. 24101. AUTHORIZATION OF APPROPRIATIONS.
† HR 3684 EAS
929
1 (C) $378,400,000 for fiscal year 2024;
2 (D) $385,900,000 for fiscal year 2025; and
3 (E) $393,400,000 for fiscal year 2026.
4 (2) HIGHWAY SAFETY RESEARCH AND DEVELOP-
† HR 3684 EAS
930
1 (D) $360,500,000 for fiscal year 2025; and
2 (E) $367,500,000 for fiscal year 2026.
3 (5) ADMINISTRATIVE EXPENSES.—For adminis-
4 trative and related operating expenses of the National
5 Highway Traffic Safety Administration in carrying
6 out chapter 4 of title 23, United States Code, and this
7 title—
8 (A) $38,000,000 for fiscal year 2022;
9 (B) $39,520,000 for fiscal year 2023;
10 (C) $41,100,800 for fiscal year 2024;
11 (D) $42,744,832 for fiscal year 2025; and
12 (E) $44,454,625 for fiscal year 2026.
13 (6) NATIONAL DRIVER REGISTER.—For the Na-
14 tional Highway Traffic Safety Administration to
15 carry out chapter 303 of title 49, United States
16 Code—
17 (A) $6,800,000 for fiscal year 2022;
18 (B) $7,000,000 for fiscal year 2023;
19 (C) $7,200,000 for fiscal year 2024;
20 (D) $7,400,000 for fiscal year 2025; and
21 (E) $7,600,000 for fiscal year 2026.
22 (b) PROHIBITION ON OTHER USES.—Except as other-
23 wise provided in chapter 4 of title 23, and chapter 303 of
24 title 49, United States Code, the amounts made available
25 under subsection (a) or any other provision of law from
† HR 3684 EAS
931
1 the Highway Trust Fund (other than the Mass Transit Ac-
2 count) for a program under those chapters—
3 (1) shall only be used to carry out that program;
4 and
5 (2) may not be used by a State or local govern-
6 ment for construction purposes.
7 (c) APPLICABILITY OF TITLE 23.—Except as otherwise
8 provided in chapter 4 of title 23, and chapter 303 of title
9 49, United States Code, the amounts made available under
10 subsection (a) for fiscal years 2022 through 2026 shall be
11 available for obligation in the same manner as if those
12 funds were apportioned under chapter 1 of title 23, United
13 States Code.
14 (d) HIGHWAY SAFETY GENERAL REQUIREMENTS.—
15 (1) IN GENERAL.—Chapter 4 of title 23, United
16 States Code, is amended—
17 (A) by redesignating sections 409 and 412
18 and sections 407 and 408, respectively; and
19 (B) by inserting after section 405 the fol-
20 lowing:
21 ‘‘§ 406. General requirements for Federal assistance
22 ‘‘(a) DEFINITION OF FUNDED PROJECT.—In this sec-
23 tion, the term ‘funded project’ means a project funded, in
24 whole or in part, by a grant provided under section 402
25 or 405.
† HR 3684 EAS
932
1 ‘‘(b) REGULATORY AUTHORITY.—Each funded project
2 shall be carried out in accordance with applicable regula-
3 tions promulgated by the Secretary.
4 ‘‘(c) STATE MATCHING REQUIREMENTS.—If a grant
5 provided under this chapter requires any State to share in
6 the cost of a funded project, the aggregate of the expendi-
7 tures made by the State (including any political subdivi-
8 sion of the State) for highway safety activities during a
9 fiscal year, exclusive of Federal funds, for carrying out the
10 funded project (other than expenditures for planning or ad-
11 ministration) shall be credited toward the non-Federal
12 share of the cost of any other funded project (other than
13 planning and administration) during that fiscal year, re-
14 gardless of whether those expenditures were made in connec-
15 tion with the project.
16 ‘‘(d) GRANT APPLICATION AND DEADLINE.—
17 ‘‘(1) APPLICATIONS.—To be eligible to receive a
18 grant under this chapter, a State shall submit to the
19 Secretary an application at such time, in such man-
20 ner, and containing such information as the Sec-
21 retary may require.
22 ‘‘(2) DEADLINE.—The Secretary shall establish a
23 single deadline for the submission of applications
24 under paragraph (1) to enable the provision of grants
† HR 3684 EAS
933
1 under this chapter early in each applicable fiscal year
2 beginning after the date of submission.
3 ‘‘(e) DISTRIBUTION OF FUNDS TO STATES.—Not later
4 than 60 days after the later of the start of a fiscal year
5 or the date of enactment of any appropriations Act making
6 funds available to carry out this chapter for that fiscal year,
7 the Secretary shall distribute to each State the portion of
8 those funds to which the State is entitled for the applicable
9 fiscal year.’’.
10 (2) CLERICAL AMENDMENT.—The analysis for
11 chapter 4 of title 23, United States Code, is amended
12 by striking the items relating to sections 406 through
13 412 and inserting the following:
‘‘406. General requirements for Federal assistance.
‘‘407. Discovery and admission as evidence of certain reports and surveys.
‘‘408. Agency accountability.’’.
† HR 3684 EAS
934
1 the end and inserting the following: ‘‘shall have
2 in effect a highway safety program that—
3 ‘‘(i) is designed to reduce—
4 ‘‘(I) traffic crashes; and
5 ‘‘(II) deaths, injuries, and prop-
6 erty damage resulting from those
7 crashes;
8 ‘‘(ii) includes—
9 ‘‘(I) an approved, current, tri-
10 ennial highway safety plan in accord-
11 ance with subsection (k); and
12 ‘‘(II) an approved grant applica-
13 tion under subsection (l) for the fiscal
14 year;
15 ‘‘(iii) demonstrates compliance with
16 the applicable administrative requirements
17 of subsection (b)(1); and
18 ‘‘(iv) is approved by the Secretary.’’;
19 (B) in paragraph (2)(A)—
20 (i) in clause (ii), by striking ‘‘occupant
21 protection devices (including the use of safe-
22 ty belts and child restraint systems)’’ and
23 inserting ‘‘safety belts’’;
24 (ii) in clause (vii), by striking ‘‘and’’
25 at the end;
† HR 3684 EAS
935
1 (iii) by redesignating clauses (iii)
2 through (viii) as clauses (iv) through (ix),
3 respectively;
4 (iv) by inserting after clause (ii) the
5 following:
6 ‘‘(iii) to encourage more widespread
7 and proper use of child restraints, with an
8 emphasis on underserved populations;’’; and
9 (v) by adding at the end the following:
10 ‘‘(x) to reduce crashes caused by driver
11 misuse or misunderstanding of new vehicle
12 technology;
13 ‘‘(xi) to increase vehicle recall aware-
14 ness;
15 ‘‘(xii) to provide to the public informa-
16 tion relating to the risks of child heatstroke
17 death when left unattended in a motor vehi-
18 cle after the motor is deactivated by the op-
19 erator;
20 ‘‘(xiii) to reduce injuries and deaths
21 resulting from the failure by drivers of
22 motor vehicles to move to another traffic
23 lane or reduce the speed of the vehicle when
24 law enforcement, fire service, emergency
25 medical services, or other emergency or first
† HR 3684 EAS
936
1 responder vehicles are stopped or parked on
2 or next to a roadway with emergency lights
3 activated; and
4 ‘‘(xiv) to prevent crashes, injuries, and
5 deaths caused by unsecured vehicle loads;’’;
6 and
7 (C) by adding at the end the following:
8 ‘‘(3) ADDITIONAL CONSIDERATIONS.—A State
9 that has legalized medicinal or recreational mari-
10 juana shall take into consideration implementing pro-
11 grams in addition to the programs described in para-
12 graph (2)(A)—
13 ‘‘(A) to educate drivers regarding the risks
14 associated with marijuana-impaired driving;
15 and
16 ‘‘(B) to reduce injuries and deaths resulting
17 from individuals driving motor vehicles while
18 impaired by marijuana.’’;
19 (4) in subsection (b)(1)—
20 (A) in the matter preceding subparagraph
21 (A), by striking ‘‘may’’ and inserting ‘‘shall’’;
22 (B) by striking subparagraph (B) and in-
23 serting the following:
24 ‘‘(B) provide for a comprehensive, data-
25 driven traffic safety program that results from
† HR 3684 EAS
937
1 meaningful public participation and engagement
2 from affected communities, particularly those
3 most significantly impacted by traffic crashes re-
4 sulting in injuries and fatalities;’’;
5 (C) in subparagraph (C), by striking ‘‘au-
6 thorized in accordance with subparagraph (B)’’;
7 (D) in subparagraph (D), by striking ‘‘with
8 disabilities, including those in wheelchairs’’ and
9 inserting ‘‘, including those with disabilities and
10 those in wheelchairs’’;
11 (E) by striking subparagraph (E) and in-
12 serting the following:
13 ‘‘(E) as part of a comprehensive program,
14 support—
15 ‘‘(i) data-driven traffic safety enforce-
16 ment programs that foster effective commu-
17 nity collaboration to increase public safety;
18 and
19 ‘‘(ii) data collection and analysis to
20 ensure transparency, identify disparities in
21 traffic enforcement, and inform traffic en-
22 forcement policies, procedures, and activi-
23 ties; and’’; and
24 (F) in subparagraph (F)—
† HR 3684 EAS
938
1 (i) in clause (i), by striking ‘‘national
2 law enforcement mobilizations and high-vis-
3 ibility’’ and inserting ‘‘national, high-visi-
4 bility’’;
5 (ii) in clause (iv), by striking ‘‘and’’
6 after the semicolon at the end;
7 (iii) in clause (v), by striking the pe-
8 riod at the end and inserting ‘‘; and’’; and
9 (iv) by adding at the end the following:
10 ‘‘(vi) unless the State highway safety
11 program is developed by American Samoa,
12 Guam, the Commonwealth of the Northern
13 Mariana Islands, or the United States Vir-
14 gin Islands, participation in the Fatality
15 Analysis Reporting System.’’;
16 (5) in subsection (c)—
17 (A) in paragraph (1)—
18 (i) by striking the paragraph designa-
19 tion and heading and all that follows
20 through ‘‘Funds authorized’’ and inserting
21 the following:
22 ‘‘(1) USE FOR STATE ACTIVITIES.—
† HR 3684 EAS
939
1 ‘‘(B) NEIGHBORING STATES.—A State, act-
2 ing in cooperation with any neighboring State,
3 may use funds provided under this section for a
4 highway safety program that may confer a ben-
5 efit on the neighboring State.’’;
6 (B) by striking paragraphs (2) and (3) and
7 inserting the following:
8 ‘‘(2) APPORTIONMENT TO STATES.—
† HR 3684 EAS
940
1 ‘‘(bb) the total population of
2 all States; and
3 ‘‘(II) 25 percent shall be appor-
4 tioned to each State based on the ratio
5 that, subject to clause (ii)—
6 ‘‘(aa) the public road mileage
7 in each State; bears to
8 ‘‘(bb) the total public road
9 mileage in all States.
10 ‘‘(ii) CALCULATION.—For purposes of
11 clause (i)(II), public road mileage shall
12 be—
13 ‘‘(I) determined as of the end of
14 the calendar year preceding the year
15 during which the funds are appor-
16 tioned;
17 ‘‘(II) certified by the Governor of
18 the State; and
19 ‘‘(III) subject to approval by the
20 Secretary.
21 ‘‘(C) MINIMUM APPORTIONMENTS.—The an-
22 nual apportionment under this section to—
23 ‘‘(i) each State shall be not less than 3⁄4
24 of 1 percent of the total apportionment;
† HR 3684 EAS
941
1 ‘‘(ii) the Secretary of the Interior shall
2 be not less than 2 percent of the total appor-
3 tionment; and
4 ‘‘(iii) the United States Virgin Islands,
5 Guam, American Samoa, and the Common-
6 wealth of the Northern Mariana Islands
7 shall be not less than 1⁄4 of 1 percent of the
8 total apportionment.
9 ‘‘(D) PENALTY.—
10 ‘‘(i) IN GENERAL.—The funds appor-
11 tioned under this section to a State that
12 does not have approved or in effect a high-
13 way safety program described in subsection
14 (a)(1) shall be reduced by an amount equal
15 to not less than 20 percent of the amount
16 that would otherwise be apportioned to the
17 State under this section, until the date on
18 which the Secretary, as applicable—
19 ‘‘(I) approves such a highway
20 safety program; or
21 ‘‘(II) determines that the State is
22 implementing such a program.
23 ‘‘(ii) FACTOR FOR CONSIDERATION.—
† HR 3684 EAS
942
1 subparagraph, the Secretary shall take into
2 consideration the gravity of the failure by
3 the State to secure approval, or to imple-
4 ment, a highway safety program described
5 in subsection (a)(1).
6 ‘‘(E) LIMITATIONS.—
7 ‘‘(i) IN GENERAL.—A highway safety
8 program approved by the Secretary shall
9 not include any requirement that a State
10 shall implement such a program by adopt-
11 ing or enforcing any law, rule, or regula-
12 tion based on a guideline promulgated by
13 the Secretary under this section requiring
14 any motorcycle operator aged 18 years or
15 older, or a motorcycle passenger aged 18
16 years or older, to wear a safety helmet when
17 operating or riding a motorcycle on the
18 streets and highways of that State.
19 ‘‘(ii) EFFECT OF GUIDELINES.—Noth-
† HR 3684 EAS
943
1 ‘‘(A) IN GENERAL.—The Secretary shall
2 promptly apportion to a State any funds with-
3 held from the State under paragraph (2)(D) if
4 the Secretary makes an approval or determina-
5 tion, as applicable, described in that paragraph
6 by not later than July 31 of the fiscal year for
7 which the funds were withheld.
8 ‘‘(B) CONTINUING STATE FAILURE.—If the
9 Secretary determines that a State fails to correct
10 a failure to have approved or in effect a highway
11 safety program described in subsection (a)(1) by
12 the date described in subparagraph (A), the Sec-
13 retary shall reapportion the funds withheld from
14 that State under paragraph (2)(D) for the fiscal
15 year to the other States in accordance with the
16 formula described in paragraph (2)(B) by not
17 later than the last day of the fiscal year.’’; and
18 (C) in paragraph (4)—
19 (i) by striking subparagraph (C);
20 (ii) by redesignating subparagraphs
21 (A) and (B) as subparagraphs (B) and (A),
22 respectively, and moving the subparagraphs
23 so as to appear in alphabetical order; and
24 (iii) by adding at the end the fol-
25 lowing:
† HR 3684 EAS
944
1 ‘‘(C) SPECIAL RULE FOR SCHOOL AND
† HR 3684 EAS
945
1 retary for approval a highway safety plan’’ and
2 inserting ‘‘for the 3 fiscal years covered by the
3 plan, to develop and submit to the Secretary for
4 approval a triennial highway safety plan’’;
5 (C) by striking paragraph (2) and inserting
6 the following:
7 ‘‘(2) TIMING.—Each State shall submit to the
8 Secretary a triennial highway safety plan by not
9 later than July 1 of the fiscal year preceding the first
10 fiscal year covered by the plan.’’;
11 (D) in paragraph (3), by inserting ‘‘tri-
12 ennial’’ before ‘‘highway’’;
13 (E) in paragraph (4)—
14 (i) in the matter preceding subpara-
15 graph (A)—
16 (I) by striking ‘‘State highway
17 safety plans’’ and inserting ‘‘Each
18 State triennial highway safety plan’’;
19 and
20 (II) by inserting ‘‘, with respect to
21 the 3 fiscal years covered by the plan,
22 based on the information available on
23 the date of submission under para-
24 graph (2)’’ after ‘‘include’’;
† HR 3684 EAS
946
1 (ii) in subparagraph (A)(ii), by strik-
2 ing ‘‘annual performance targets’’ and in-
3 serting ‘‘performance targets that dem-
4 onstrate constant or improved perform-
5 ance’’;
6 (iii) by striking subparagraph (B) and
7 inserting the following:
8 ‘‘(B) a countermeasure strategy for pro-
9 gramming funds under this section for projects
10 that will allow the State to meet the performance
11 targets described in subparagraph (A), including
12 a description—
13 ‘‘(i) that demonstrates the link between
14 the effectiveness of each proposed counter-
15 measure strategy and those performance
16 targets; and
17 ‘‘(ii) of the manner in which each
18 countermeasure strategy is informed by uni-
19 form guidelines issued by the Secretary;’’;
20 (iv) in subparagraph (D)—
21 (I) by striking ‘‘, State, local, or
22 private’’; and
23 (II) by inserting ‘‘and’’ after the
24 semicolon at the end;
25 (v) in subparagraph (E)—
† HR 3684 EAS
947
1 (I) by striking ‘‘for the fiscal year
2 preceding the fiscal year to which the
3 plan applies,’’; and
4 (II) by striking ‘‘performance tar-
5 gets set forth in the previous year’s
6 highway safety plan; and’’ and insert-
7 ing ‘‘performance targets set forth in
8 the most recently submitted highway
9 safety plan.’’; and
10 (vi) by striking subparagraph (F);
11 (F) by striking paragraph (5) and inserting
12 the following:
13 ‘‘(5) PERFORMANCE MEASURES.—The Secretary
14 shall develop minimum performance measures under
15 paragraph (4)(A) in consultation with the Governors
16 Highway Safety Association.’’; and
17 (G) in paragraph (6)—
18 (i) in the paragraph heading, by in-
19 serting ‘‘TRIENNIAL’’ before ‘‘HIGHWAY’’;
20 (ii) by redesignating subparagraphs
21 (B) through (E) as subparagraphs (C)
22 through (F), respectively;
23 (iii) in each of subparagraphs (C)
24 through (F) (as so redesignated), by insert-
† HR 3684 EAS
948
1 ing ‘‘triennial’’ before ‘‘highway’’ each place
2 it appears; and
3 (iv) by striking subparagraph (A) and
4 inserting the following:
5 ‘‘(A) IN GENERAL.—Except as provided in
6 subparagraph (B), the Secretary shall review
7 and approve or disapprove a triennial highway
8 safety plan of a State by not later than 60 days
9 after the date on which the plan is received by
10 the Secretary.
11 ‘‘(B) ADDITIONAL INFORMATION.—
† HR 3684 EAS
949
1 accommodate that request, subject to clause
2 (iii).
3 ‘‘(iii) TIMING.—Any additional infor-
4 mation requested under clause (i) shall be
5 submitted to the Secretary by not later than
6 7 business days after the date of receipt by
7 the State of the request.’’;
8 (7) by inserting after subsection (k) the fol-
9 lowing:
10 ‘‘(l) ANNUAL GRANT APPLICATION AND REPORTING
11 REQUIREMENTS.—
12 ‘‘(1) ANNUAL GRANT APPLICATION.—
† HR 3684 EAS
950
1 graph shall be determined by the Secretary in
2 accordance with section 406(d)(2).
3 ‘‘(C) CONTENTS.—An annual grant appli-
4 cation under this paragraph shall include, at a
5 minimum—
6 ‘‘(i) such updates, as necessary, to any
7 analysis included in the triennial highway
8 safety plan of the State;
9 ‘‘(ii) an identification of each project
10 and subrecipient to be funded by the State
11 using the grants during the upcoming grant
12 year, subject to the condition that the State
13 shall separately submit, on a date other
14 than the date of submission of the annual
15 grant application, a description of any
16 projects or subrecipients to be funded, as
17 that information becomes available;
18 ‘‘(iii) a description of the means by
19 which the strategy of the State to use grant
20 funds was adjusted and informed by the
21 previous report of the State under para-
22 graph (2); and
23 ‘‘(iv) an application for any addi-
24 tional grants available to the State under
25 this chapter.
† HR 3684 EAS
951
1 ‘‘(D) REVIEW.—The Secretary shall review
2 and approve or disapprove an annual grant ap-
3 plication under this paragraph by not later than
4 60 days after the date of submission of the appli-
5 cation.
6 ‘‘(2) REPORTING REQUIREMENTS.—Not later
7 than 120 days after the end of each fiscal year for
8 which a grant is provided to a State under this chap-
9 ter, the State shall submit to the Secretary an annual
10 report that includes—
11 ‘‘(A) an assessment of the progress made by
12 the State in achieving the performance targets
13 identified in the triennial highway safety plan of
14 the State, based on the most currently available
15 Fatality Analysis Reporting System data; and
16 ‘‘(B)(i) a description of the extent to which
17 progress made in achieving those performance
18 targets is aligned with the triennial highway
19 safety plan of the State; and
20 ‘‘(ii) if applicable, any plans of the State to
21 adjust a strategy for programming funds to
22 achieve the performance targets.’’;
23 (8) in subsection (m)(1), by striking ‘‘a State’s
24 highway safety plan’’ and inserting ‘‘the applicable
25 triennial highway safety plan of the State’’; and
† HR 3684 EAS
952
1 (9) by striking subsection (n) and inserting the
2 following:
3 ‘‘(n) PUBLIC TRANSPARENCY.—
4 ‘‘(1) IN GENERAL.—The Secretary shall publicly
5 release on a Department of Transportation website,
6 by not later than 45 calendar days after the applica-
7 ble date of availability—
8 ‘‘(A) each triennial highway safety plan ap-
9 proved by the Secretary under subsection (k);
10 ‘‘(B) each State performance target under
11 subsection (k); and
12 ‘‘(C) an evaluation of State achievement of
13 applicable performance targets under subsection
14 (k).
15 ‘‘(2) STATE HIGHWAY SAFETY PLAN WEBSITE.—
† HR 3684 EAS
953
1 ‘‘(i) include the applicable triennial
2 highway safety plan, and the annual report,
3 of each State submitted to, and approved
4 by, the Secretary under subsection (k); and
5 ‘‘(ii) provide a means for the public to
6 search the website for State highway safety
7 program content required under subsection
8 (k), including—
9 ‘‘(I) performance measures re-
10 quired by the Secretary;
11 ‘‘(II) progress made toward meet-
12 ing the applicable performance targets
13 during the preceding program year;
14 ‘‘(III) program areas and expend-
15 itures; and
16 ‘‘(IV) a description of any sources
17 of funds, other than funds provided
18 under this section, that the State pro-
19 poses to use to carry out the triennial
20 highway safety plan of the State.’’.
21 (b) EFFECTIVE DATE.—The amendments made by sub-
22 section (a) shall take effect with respect to any grant appli-
23 cation or State highway safety plan submitted under chap-
24 ter 4 of title 23, United States Code, for fiscal year 2024
25 or thereafter.
† HR 3684 EAS
954
1 SEC. 24103. HIGHWAY SAFETY RESEARCH AND DEVELOP-
2 MENT.
† HR 3684 EAS
955
1 than $45,000,000 to conduct the research de-
2 scribed in paragraph (2)’’;
3 (B) in paragraph (5)(A), by striking ‘‘sec-
4 tion 30102(a)(6)’’ and inserting ‘‘section
5 30102(a)’’; and
6 (C) by redesignating paragraphs (1), (2),
7 (3), (4), and (5) as paragraphs (2), (3), (4), (5),
8 and (1), respectively, and moving the para-
9 graphs so as to appear in numerical order; and
10 (5) by adding at the end the following:
11 ‘‘(k) CHILD SAFETY CAMPAIGN.—
12 ‘‘(1) IN GENERAL.—The Secretary shall carry
13 out an education campaign to reduce the incidence of
14 vehicular heatstroke of children left in passenger
15 motor vehicles (as defined in section 30102(a) of title
16 49).
17 ‘‘(2) ADVERTISING.—The Secretary may use, or
18 authorize the use of, funds made available to carry
19 out this section to pay for the development, produc-
20 tion, and use of broadcast and print media adver-
21 tising and Internet-based outreach for the education
22 campaign under paragraph (1).
23 ‘‘(3) COORDINATION.—In carrying out the edu-
24 cation campaign under paragraph (1), the Secretary
25 shall coordinate with—
† HR 3684 EAS
956
1 ‘‘(A) interested State and local governments;
2 ‘‘(B) private industry; and
3 ‘‘(C) other parties, as determined by the
4 Secretary.
5 ‘‘(l) DEVELOPMENT OF STATE PROCESSES FOR IN -
6 FORMING CONSUMERS OF RECALLS.—
7 ‘‘(1) DEFINITIONS.—In this subsection:
8 ‘‘(A) MOTOR VEHICLE.—The term ‘motor
9 vehicle’ has the meaning given the term in sec-
10 tion 30102(a) of title 49.
11 ‘‘(B) OPEN RECALL.—The term ‘open recall’
12 means a motor vehicle recall—
13 ‘‘(i) for which a notification by a man-
14 ufacturer has been provided under section
15 30119 of title 49; and
16 ‘‘(ii) that has not been remedied under
17 section 30120 of that title.
18 ‘‘(C) PROGRAM.—The term ‘program’
19 means the program established under paragraph
20 (2)(A).
21 ‘‘(D) REGISTRATION.—The term ‘registra-
22 tion’ means the process for registering a motor
23 vehicle in a State (including registration re-
24 newal).
† HR 3684 EAS
957
1 ‘‘(E) STATE.—The term ‘State’ has the
2 meaning given the term in section 101(a).
3 ‘‘(2) GRANTS.—
4 ‘‘(A) ESTABLISHMENT OF PROGRAM.—Not
† HR 3684 EAS
958
1 ‘‘(II) to provide to each owner or
2 lessee of a motor vehicle presented for
3 registration, at no cost—
4 ‘‘(aa) the open recall infor-
5 mation for the motor vehicle; and
6 ‘‘(bb) such other information
7 as the Secretary may require.
8 ‘‘(C) FACTORS FOR CONSIDERATION.—In se-
9 lecting grant recipients under the program, the
10 Secretary shall take into consideration the meth-
11 odology of a State for—
12 ‘‘(i) identifying open recalls on a
13 motor vehicle;
14 ‘‘(ii) informing each owner and lessee
15 of a motor vehicle of an open recall; and
16 ‘‘(iii) measuring performance in—
17 ‘‘(I) informing owners and lessees
18 of open recalls; and
19 ‘‘(II) remedying open recalls.
20 ‘‘(D) PERFORMANCE PERIOD.—A grant pro-
21 vided under the program shall require a per-
22 formance period of 2 years.
23 ‘‘(E) REPORT.—Not later than 90 days
24 after the date of completion of the performance
25 period under subparagraph (D), each State that
† HR 3684 EAS
959
1 receives a grant under the program shall submit
2 to the Secretary a report that contains such in-
3 formation as the Secretary considers to be nec-
4 essary to evaluate the extent to which open re-
5 calls have been remedied in the State.
6 ‘‘(F) NO REGULATIONS REQUIRED.—Not-
† HR 3684 EAS
960
1 amounts made available to carry out any other
2 activities authorized under this section.
3 ‘‘(m) INNOVATIVE HIGHWAY SAFETY COUNTER-
4 MEASURES.—
† HR 3684 EAS
961
1 (1) in subsection (a)—
2 (A) by striking paragraphs (6) and (9);
3 (B) by redesignating paragraphs (1)
4 through (5) as paragraphs (2) through (6), re-
5 spectively;
6 (C) by striking the subsection designation
7 and heading and all that follows through ‘‘the
8 following:’’ in the matter preceding paragraph
9 (2) (as so redesignated) and inserting the fol-
10 lowing:
11 ‘‘(a) PROGRAM AUTHORITY.—
12 ‘‘(1) IN GENERAL.—Subject to the requirements
13 of this section, the Secretary shall—
14 ‘‘(A) manage programs to address national
15 priorities for reducing highway deaths and inju-
16 ries; and
17 ‘‘(B) allocate funds for the purpose de-
18 scribed in subparagraph (A) in accordance with
19 this subsection.’’;
20 (D) in paragraph (4) (as so redesignated),
21 by striking ‘‘52.5 percent’’ and inserting ‘‘53
22 percent’’;
23 (E) in paragraph (7)—
24 (i) by striking ‘‘5 percent’’ and insert-
25 ing ‘‘7 percent’’; and
† HR 3684 EAS
962
1 (ii) by striking ‘‘subsection (h)’’ and
2 inserting ‘‘subsection (g)’’;
3 (F) by redesignating paragraphs (8) and
4 (10) as paragraphs (10) and (11), respectively;
5 (G) by inserting after paragraph (7) the fol-
6 lowing:
7 ‘‘(8) PREVENTING ROADSIDE DEATHS.—In each
8 fiscal year, 1 percent of the funds provided under this
9 section shall be allocated among States that meet re-
10 quirements with respect to preventing roadside deaths
11 under subsection (h).
12 ‘‘(9) DRIVER OFFICER SAFETY EDUCATION.—In
† HR 3684 EAS
963
1 (B) in paragraph (3)(B)(ii)(VI)(aa), by
2 striking ‘‘3-year’’ and inserting ‘‘5-year’’; and
3 (C) in paragraph (4)—
4 (i) in subparagraph (A), by striking
5 clause (v) and inserting the following:
6 ‘‘(v) implement programs—
7 ‘‘(I) to recruit and train nation-
8 ally certified child passenger safety
9 technicians among police officers, fire
10 and other first responders, emergency
11 medical personnel, and other individ-
12 uals or organizations serving low-in-
13 come and underserved populations;
14 ‘‘(II) to educate parents and care-
15 givers in low-income and underserved
16 populations regarding the importance
17 of proper use and correct installation
18 of child restraints on every trip in a
19 motor vehicle; and
20 ‘‘(III) to purchase and distribute
21 child restraints to low-income and un-
22 derserved populations; and’’; and
23 (ii) by striking subparagraph (B) and
24 inserting the following:
† HR 3684 EAS
964
1 ‘‘(B) REQUIREMENTS.—Each State that is
2 eligible to receive funds—
3 ‘‘(i) under paragraph (3)(A) shall
4 use—
5 ‘‘(I) not more than 90 percent of
6 those funds to carry out a project or
7 activity eligible for funding under sec-
8 tion 402; and
9 ‘‘(II) not less than 10 percent of
10 those funds to carry out subparagraph
11 (A)(v); and
12 ‘‘(ii) under paragraph (3)(B) shall use
13 not less than 10 percent of those funds to
14 carry out the activities described in sub-
15 paragraph (A)(v).’’;
16 (3) in subsection (c)—
17 (A) in paragraph (1)—
18 (i) in the matter preceding subpara-
19 graph (A), by striking ‘‘of Transportation’’;
20 and
21 (ii) in subparagraph (D), by striking
22 ‘‘States; and’’ and inserting ‘‘States, includ-
23 ing the National EMS Information Sys-
24 tem;’’;
25 (B) in paragraph (3)—
† HR 3684 EAS
965
1 (i) by striking the paragraph designa-
2 tion and heading and all that follows
3 through ‘‘has a functioning’’ in subpara-
4 graph (A) and inserting the following:
5 ‘‘(3) ELIGIBILITY.—A State shall not be eligible
6 to receive a grant under this subsection for a fiscal
7 year unless the State—
8 ‘‘(A) has certified to the Secretary that the
9 State—
10 ‘‘(i) has a functioning’’;
11 (ii) in subparagraph (B)—
12 (I) by adding ‘‘and’’ after the
13 semicolon at the end; and
14 (II) by redesignating the subpara-
15 graph as clause (ii) of subparagraph
16 (A) and indenting the clause appro-
17 priately;
18 (iii) in subparagraph (C)—
19 (I) by adding ‘‘and’’ after the
20 semicolon at the end; and
21 (II) by redesignating the subpara-
22 graph as clause (iii) of subparagraph
23 (A) and indenting the clause appro-
24 priately;
† HR 3684 EAS
966
1 (iv) by redesignating subparagraph
2 (D) as subparagraph (B);
3 (v) in clause (vi) of subparagraph (B)
4 (as so redesignated), by striking ‘‘; and’’
5 and inserting a period; and
6 (vi) by striking subparagraph (E);
7 (C) by striking paragraph (4) and inserting
8 the following:
9 ‘‘(4) USE OF GRANT AMOUNTS.—A State may
10 use a grant received under this subsection to make
11 data program improvements to core highway safety
12 databases relating to quantifiable, measurable
13 progress in any significant data program attribute
14 described in paragraph (3)(B), including through—
15 ‘‘(A) software or applications to identify,
16 collect, and report data to State and local gov-
17 ernment agencies, and enter data into State core
18 highway safety databases, including crash, cita-
19 tion or adjudication, driver, emergency medical
20 services or injury surveillance system, roadway,
21 and vehicle data;
22 ‘‘(B) purchasing equipment to improve a
23 process by which data are identified, collated,
24 and reported to State and local government
25 agencies, including technology for use by law en-
† HR 3684 EAS
967
1 forcement for near-real time, electronic reporting
2 of crash data;
3 ‘‘(C) improving the compatibility and inter-
4 operability of the core highway safety databases
5 of the State with national data systems and data
6 systems of other States, including the National
7 EMS Information System;
8 ‘‘(D) enhancing the ability of a State and
9 the Secretary to observe and analyze local, State,
10 and national trends in crash occurrences, rates,
11 outcomes, and circumstances;
12 ‘‘(E) supporting traffic records improve-
13 ment training and expenditures for law enforce-
14 ment, emergency medical, judicial, prosecutorial,
15 and traffic records professionals;
16 ‘‘(F) hiring traffic records professionals for
17 the purpose of improving traffic information sys-
18 tems (including a State Fatal Accident Report-
19 ing System (FARS) liaison);
20 ‘‘(G) adoption of the Model Minimum Uni-
21 form Crash Criteria, or providing to the public
22 information regarding why any of those criteria
23 will not be used, if applicable;
24 ‘‘(H) supporting reporting criteria relating
25 to emerging topics, including—
† HR 3684 EAS
968
1 ‘‘(i) impaired driving as a result of
2 drug, alcohol, or polysubstance consump-
3 tion; and
4 ‘‘(ii) advanced technologies present on
5 motor vehicles; and
6 ‘‘(I) conducting research relating to State
7 traffic safety information systems, including de-
8 veloping programs to improve core highway safe-
9 ty databases and processes by which data are
10 identified, collected, reported to State and local
11 government agencies, and entered into State core
12 safety databases.’’; and
13 (D) by adding at the end the following:
14 ‘‘(6) TECHNICAL ASSISTANCE.—
† HR 3684 EAS
969
1 ‘‘(B) FUNDS.—The Secretary may use not
2 more than 3 percent of the amounts available
3 under this subsection to carry out subparagraph
4 (A).’’;
5 (4) in subsection (d)—
6 (A) in paragraph (4)—
7 (i) in subparagraph (B)—
8 (I) by striking clause (iii) and in-
9 serting the following:
10 ‘‘(iii) court support of impaired driv-
11 ing prevention efforts, including—
12 ‘‘(I) hiring criminal justice pro-
13 fessionals, including law enforcement
14 officers, prosecutors, traffic safety re-
15 source prosecutors, judges, judicial out-
16 reach liaisons, and probation officers;
17 ‘‘(II) training and education of
18 those professionals to assist the profes-
19 sionals in preventing impaired driving
20 and handling impaired driving cases,
21 including by providing compensation
22 to a law enforcement officer to carry
23 out safety grant activities to replace a
24 law enforcement officer who is receiv-
25 ing drug recognition expert training or
† HR 3684 EAS
970
1 participating as an instructor in that
2 drug recognition expert training; and
3 ‘‘(III) establishing driving while
4 intoxicated courts;’’;
5 (II) by striking clause (v) and in-
6 serting the following:
7 ‘‘(v) improving blood alcohol and drug
8 concentration screening and testing, detec-
9 tion of potentially impairing drugs (includ-
10 ing through the use of oral fluid as a speci-
11 men), and reporting relating to testing and
12 detection;’’;
13 (III) in clause (vi), by striking
14 ‘‘conducting standardized field sobriety
15 training, advanced roadside impaired
16 driving evaluation training, and’’ and
17 inserting ‘‘conducting initial and con-
18 tinuing standardized field sobriety
19 training, advanced roadside impaired
20 driving evaluation training, law en-
21 forcement phlebotomy training, and’’;
22 (IV) in clause (ix), by striking
23 ‘‘and’’ at the end;
† HR 3684 EAS
971
1 (V) in clause (x), by striking the
2 period at the end and inserting ‘‘;
3 and’’; and
4 (VI) by adding at the end the fol-
5 lowing:
6 ‘‘(xi) testing and implementing pro-
7 grams, and purchasing technologies, to bet-
8 ter identify, monitor, or treat impaired
9 drivers, including—
10 ‘‘(I) oral fluid-screening tech-
11 nologies;
12 ‘‘(II) electronic warrant pro-
13 grams;
14 ‘‘(III) equipment to increase the
15 scope, quantity, quality, and timeliness
16 of forensic toxicology chemical testing;
17 ‘‘(IV) case management software
18 to support the management of im-
19 paired driving offenders; and
20 ‘‘(V) technology to monitor im-
21 paired-driving offenders, and equip-
22 ment and related expenditures used in
23 connection with impaired-driving en-
24 forcement in accordance with criteria
† HR 3684 EAS
972
1 established by the National Highway
2 Traffic Safety Administration.’’; and
3 (ii) in subparagraph (C)—
4 (I) in the second sentence, by
5 striking ‘‘Medium-range’’ and insert-
6 ing the following:
7 ‘‘(ii) MEDIUM-RANGE AND HIGH-RANGE
† HR 3684 EAS
973
1 or near-real-time uploading of
2 crash information; and
3 ‘‘(bb) impaired driving
4 criminal justice information; or
5 ‘‘(II) researching or evaluating
6 impaired driving countermeasures.’’;
7 (B) in paragraph (6)—
8 (i) by striking subparagraph (A) and
9 inserting the following:
10 ‘‘(A) GRANTS TO STATES WITH ALCOHOL-IG-
† HR 3684 EAS
974
1 lock for a period of not less than 180 days;
2 or
3 ‘‘(iii) has in effect, and is enforcing—
4 ‘‘(I) a State law requiring for any
5 individual who is convicted of, or the
6 driving privilege of whom is revoked or
7 denied for, refusing to submit to a
8 chemical or other appropriate test for
9 the purpose of determining the presence
10 or concentration of any intoxicating
11 substance, a State law requiring a pe-
12 riod of not less than 180 days of igni-
13 tion interlock installation on each
14 motor vehicle to be operated by the in-
15 dividual; and
16 ‘‘(II) a compliance-based removal
17 program, under which an individual
18 convicted of driving under the influ-
19 ence of alcohol or of driving while in-
20 toxicated shall—
21 ‘‘(aa) satisfy a period of not
22 less than 180 days of ignition
23 interlock installation on each
24 motor vehicle to be operated by the
25 individual; and
† HR 3684 EAS
975
1 ‘‘(bb) have completed a min-
2 imum consecutive period of not
3 less than 40 percent of the re-
4 quired period of ignition interlock
5 installation immediately pre-
6 ceding the date of release of the
7 individual, without a confirmed
8 violation.’’; and
9 (ii) in subparagraph (D), by striking
10 ‘‘2009’’ and inserting ‘‘2022’’; and
11 (C) in paragraph (7)(A), in the matter pre-
12 ceding clause (i), by inserting ‘‘or local’’ after
13 ‘‘authorizes a State’’;
14 (5) in subsection (e)—
15 (A) by striking paragraphs (6) and (8);
16 (B) by redesignating paragraphs (1), (2),
17 (3), (4), (5), (7), and (9) as paragraphs (2), (4),
18 (6), (7), (8), (9), and (1), respectively, and mov-
19 ing the paragraphs so as to appear in numerical
20 order;
21 (C) in paragraph (1) (as so redesignated)—
22 (i) in the matter preceding subpara-
23 graph (A), by striking ‘‘, the following defi-
24 nitions apply’’;
† HR 3684 EAS
976
1 (ii) by striking subparagraph (B) and
2 inserting the following:
3 ‘‘(B) PERSONAL WIRELESS COMMUNICA-
4 TIONS DEVICE.—
† HR 3684 EAS
977
1 ‘‘(i) to read from, or manually to enter
2 data into, a personal wireless communica-
3 tions device, including for the purpose of
4 SMS texting, emailing, instant messaging,
5 or any other form of electronic data re-
6 trieval or electronic data communication;
7 and
8 ‘‘(ii) manually to enter, send, or re-
9 trieve a text message to communicate with
10 another individual or device.
11 ‘‘(F) TEXT MESSAGE.—
† HR 3684 EAS
978
1 (D) by striking paragraph (2) (as so redes-
2 ignated) and inserting the following:
3 ‘‘(2) GRANT PROGRAM.—The Secretary shall pro-
4 vide a grant under this subsection to any State that
5 includes distracted driving awareness as part of the
6 driver’s license examination of the State.
7 ‘‘(3) ALLOCATION.—
8 ‘‘(A) IN GENERAL.—For each fiscal year,
9 not less than 50 percent of the amounts made
10 available to carry out this subsection shall be al-
11 located to States, based on the proportion that—
12 ‘‘(i) the apportionment of the State
13 under section 402 for fiscal year 2009; bears
14 to
15 ‘‘(ii) the apportionment of all States
16 under section 402 for that fiscal year.
17 ‘‘(B) GRANTS FOR STATES WITH DIS-
† HR 3684 EAS
979
1 ‘‘(I) based on the proportion
2 that—
3 ‘‘(aa) the apportionment of
4 the State under section 402 for
5 fiscal year 2009; bears to
6 ‘‘(bb) the apportionment of
7 all States under section 402 for
8 that fiscal year; and
9 ‘‘(II) subject to clauses (ii), (iii),
10 and (iv), as applicable.
11 ‘‘(ii) PRIMARY LAWS.—Subject to
12 clause (iv), in the case of a State that en-
13 acts and enforces a law that meets the re-
14 quirements of paragraph (4), (5), or (6) as
15 a primary offense, the allocation to the
16 State under this subparagraph shall be 100
17 percent of the amount calculated to be allo-
18 cated to the State under clause (i)(I).
19 ‘‘(iii) SECONDARY LAWS.—Subject to
20 clause (iv), in the case of a State that en-
21 acts and enforces a law that meets the re-
22 quirements of paragraph (4), (5), or (6) as
23 a secondary enforcement action, the alloca-
24 tion to the State under this subparagraph
25 shall be an amount equal to 50 percent of
† HR 3684 EAS
980
1 the amount calculated to be allocated to the
2 State under clause (i)(I).
3 ‘‘(iv) TEXTING WHILE DRIVING.—Not-
† HR 3684 EAS
981
1 ing ‘‘use a personal wireless communica-
2 tions device for texting’’;
3 (F) by inserting after paragraph (4) (as so
4 redesignated) the following:
5 ‘‘(5) PROHIBITION ON HANDHELD PHONE USE
† HR 3684 EAS
982
1 (iv) by redesignating subparagraph (C)
2 as subparagraph (B);
3 (v) in subparagraph (B) (as so redesig-
4 nated), by striking ‘‘minimum’’; and
5 (vi) by adding at the end the following:
6 ‘‘(C) does not provide for—
7 ‘‘(i) an exemption that specifically al-
8 lows a driver to use a personal wireless
9 communications device for texting while
10 stopped in traffic; or
11 ‘‘(ii) an exemption described in para-
12 graph (7)(E).’’; and
13 (H) in paragraph (7) (as so redesig-
14 nated)—
15 (i) in the matter preceding subpara-
16 graph (A), by striking ‘‘set forth in para-
17 graph (2) or (3)’’ and inserting ‘‘of para-
18 graph (4), (5), or (6)’’;
19 (ii) by striking subparagraph (A) and
20 inserting the following:
21 ‘‘(A) a driver who uses a personal wireless
22 communications device during an emergency to
23 contact emergency services to prevent injury to
24 persons or property;’’;
† HR 3684 EAS
983
1 (iii) in subparagraph (C), by striking
2 ‘‘and’’ at the end;
3 (iv) by redesignating subparagraph
4 (D) as subparagraph (F); and
5 (v) by inserting after subparagraph
6 (C) the following:
7 ‘‘(D) a driver who uses a personal wireless
8 communications device for navigation;
9 ‘‘(E) except for a law described in para-
10 graph (6), the use of a personal wireless commu-
11 nications device—
12 ‘‘(i) in a hands-free manner;
13 ‘‘(ii) with a hands-free accessory; or
14 ‘‘(iii) with the activation or deactiva-
15 tion of a feature or function of the personal
16 wireless communications device with the
17 motion of a single swipe or tap of the finger
18 of the driver; and’’;
19 (6) in subsection (f)(3)—
20 (A) in subparagraph (A)(i), by striking
21 ‘‘accident’’ and inserting ‘‘crash’’;
22 (B) by redesignating subparagraphs (C)
23 through (F) as subparagraphs (D) through (G),
24 respectively;
† HR 3684 EAS
984
1 (C) by inserting after subparagraph (B) the
2 following:
3 ‘‘(C) HELMET LAW.—A State law requiring
4 the use of a helmet for each motorcycle rider
5 under the age of 18.’’; and
6 (D) in subparagraph (F) (as so redesig-
7 nated), in the subparagraph heading, by striking
8 ‘‘ACCIDENTS’’ and inserting ‘‘CRASHES’’;
9 (7) by striking subsection (g);
10 (8) by redesignating subsection (h) as subsection
11 (g);
12 (9) in subsection (g) (as so redesignated)—
13 (A) by redesignating paragraphs (1)
14 through (5) as paragraphs (2) through (6), re-
15 spectively;
16 (B) by inserting before paragraph (2) (as so
17 redesignated) the following:
18 ‘‘(1) DEFINITION OF NONMOTORIZED ROAD
† HR 3684 EAS
985
1 ‘‘(C) an individual using a low-speed or
2 low-horsepower motorized vehicle, including an
3 electric bicycle, electric scooter, personal mobility
4 assistance device, personal transporter, or all-ter-
5 rain vehicle.’’;
6 (C) in paragraph (2) (as so redesignated),
7 by striking ‘‘pedestrian and bicycle fatalities and
8 injuries that result from crashes involving a
9 motor vehicle’’ and inserting ‘‘nonmotorized road
10 user fatalities involving a motor vehicle in tran-
11 sit on a trafficway’’;
12 (D) in paragraph (4) (as so redesignated),
13 by striking ‘‘pedestrian and bicycle’’ and insert-
14 ing ‘‘nonmotorized road user’’; and
15 (E) by striking paragraph (5) (as so redes-
16 ignated) and inserting the following:
17 ‘‘(5) USE OF GRANT AMOUNTS.—Grant funds re-
18 ceived by a State under this subsection may be used
19 for the safety of nonmotorized road users, including—
20 ‘‘(A) training of law enforcement officials
21 relating to nonmotorized road user safety, State
22 laws applicable to nonmotorized road user safety,
23 and infrastructure designed to improve non-
24 motorized road user safety;
† HR 3684 EAS
986
1 ‘‘(B) carrying out a program to support en-
2 forcement mobilizations and campaigns designed
3 to enforce State traffic laws applicable to non-
4 motorized road user safety;
5 ‘‘(C) public education and awareness pro-
6 grams designed to inform motorists and non-
7 motorized road users regarding—
8 ‘‘(i) nonmotorized road user safety, in-
9 cluding information relating to non-
10 motorized mobility and the importance of
11 speed management to the safety of non-
12 motorized road users;
13 ‘‘(ii) the value of the use of non-
14 motorized road user safety equipment, in-
15 cluding lighting, conspicuity equipment,
16 mirrors, helmets, and other protective
17 equipment, and compliance with any State
18 or local laws requiring the use of that
19 equipment;
20 ‘‘(iii) State traffic laws applicable to
21 nonmotorized road user safety, including
22 the responsibilities of motorists with respect
23 to nonmotorized road users; and
24 ‘‘(iv) infrastructure designed to im-
25 prove nonmotorized road user safety; and
† HR 3684 EAS
987
1 ‘‘(D) the collection of data, and the estab-
2 lishment and maintenance of data systems, relat-
3 ing to nonmotorized road user traffic fatalities.’’;
4 and
5 (10) by adding at the end the following:
6 ‘‘(h) PREVENTING ROADSIDE DEATHS.—
7 ‘‘(1) IN GENERAL.—The Secretary shall provide
8 grants to States to prevent death and injury from
9 crashes involving motor vehicles striking other vehicles
10 and individuals stopped at the roadside.
11 ‘‘(2) FEDERAL SHARE.—The Federal share of the
12 cost of carrying out an activity funded through a
13 grant under this subsection may not exceed 80 per-
14 cent.
15 ‘‘(3) ELIGIBILITY.—A State shall receive a grant
16 under this subsection in a fiscal year if the State sub-
17 mits to the Secretary a plan that describes the method
18 by which the State will use grant funds in accordance
19 with paragraph (4).
20 ‘‘(4) USE OF FUNDS.—Amounts received by a
21 State under this subsection shall be used by the
22 State—
23 ‘‘(A) to purchase and deploy digital alert
24 technology that—
† HR 3684 EAS
988
1 ‘‘(i) is capable of receiving alerts re-
2 garding nearby first responders; and
3 ‘‘(ii) in the case of a motor vehicle that
4 is used for emergency response activities, is
5 capable of sending alerts to civilian drivers
6 to protect first responders on the scene and
7 en route;
8 ‘‘(B) to educate the public regarding the
9 safety of vehicles and individuals stopped at the
10 roadside in the State through public information
11 campaigns for the purpose of reducing roadside
12 deaths and injury;
13 ‘‘(C) for law enforcement costs relating to
14 enforcing State laws to protect the safety of vehi-
15 cles and individuals stopped at the roadside;
16 ‘‘(D) for programs to identify, collect, and
17 report to State and local government agencies
18 data relating to crashes involving vehicles and
19 individuals stopped at the roadside; and
20 ‘‘(E) to pilot and incentivize measures, in-
21 cluding optical visibility measures, to increase
22 the visibility of stopped and disabled vehicles.
23 ‘‘(5) GRANT AMOUNT.—The allocation of grant
24 funds to a State under this subsection for a fiscal
† HR 3684 EAS
989
1 year shall be in proportion to the apportionment of
2 that State under section 402 for fiscal year 2022.
3 ‘‘(i) DRIVER AND OFFICER SAFETY EDUCATION.—
4 ‘‘(1) DEFINITION OF PEACE OFFICER.—In this
5 subsection, the term ‘peace officer’ includes any indi-
6 vidual—
7 ‘‘(A) who is an elected, appointed, or em-
8 ployed agent of a government entity;
9 ‘‘(B) who has the authority—
10 ‘‘(i) to carry firearms; and
11 ‘‘(ii) to make warrantless arrests; and
12 ‘‘(C) whose duties involve the enforcement of
13 criminal laws of the United States.
14 ‘‘(2) GRANTS.—Subject to the requirements of
15 this subsection, the Secretary shall provide grants
16 to—
17 ‘‘(A) States that enact or adopt a law or
18 program described in paragraph (4); and
19 ‘‘(B) qualifying States under paragraph
20 (7).
21 ‘‘(3) FEDERAL SHARE.—The Federal share of the
22 cost of carrying out an activity funded through a
23 grant under this subsection may not exceed 80 per-
24 cent.
† HR 3684 EAS
990
1 ‘‘(4) DESCRIPTION OF LAW OR PROGRAM.—A law
2 or program referred to in paragraph (2)(A) is a law
3 or program that requires 1 or more of the following:
4 ‘‘(A) DRIVER EDUCATION AND DRIVING
† HR 3684 EAS
991
1 training program, including instruction and
2 testing materials, for peace officers and reserve
3 law enforcement officers (other than officers who
4 have received training in a civilian course de-
5 scribed in subparagraph (A)) with respect to
6 proper interaction with civilians during traffic
7 stops.
8 ‘‘(5) USE OF FUNDS.—A State may use a grant
9 provided under this subsection for—
10 ‘‘(A) the production of educational mate-
11 rials and training of staff for driver education
12 and driving safety courses and peace officer
13 training described in paragraph (4); and
14 ‘‘(B) the implementation of a law or pro-
15 gram described in paragraph (4).
16 ‘‘(6) GRANT AMOUNT.—The allocation of grant
17 funds to a State under this subsection for a fiscal
18 year shall be in proportion to the apportionment of
19 that State under section 402 for fiscal year 2022.
20 ‘‘(7) SPECIAL RULE FOR CERTAIN STATES.—
† HR 3684 EAS
992
1 ‘‘(i) has received a grant under this
2 subsection for a period of not more than 5
3 years; and
4 ‘‘(ii) as determined by the Secretary—
5 ‘‘(I) has not fully enacted or
6 adopted a law or program described in
7 paragraph (4); but
8 ‘‘(II)(aa) has taken meaningful
9 steps toward the full implementation of
10 such a law or program; and
11 ‘‘(bb) has established a timetable
12 for the implementation of such a law
13 or program.
14 ‘‘(B) WITHHOLDING.—The Secretary
15 shall—
16 ‘‘(i) withhold 50 percent of the amount
17 that each qualifying State would otherwise
18 receive under this subsection if the quali-
19 fying State were a State described in para-
20 graph (2)(A); and
21 ‘‘(ii) direct any amounts withheld
22 under clause (i) for distribution among the
23 States that are enforcing and carrying out
24 a law or program described in paragraph
25 (4).’’.
† HR 3684 EAS
993
1 (b) TECHNICAL AMENDMENT.—Section 4010(2) of the
2 FAST Act (23 U.S.C. 405 note; Public Law 114–94) is
3 amended by inserting ‘‘all’’ before ‘‘deficiencies’’.
4 (c) EFFECTIVE DATE.—The amendments made by sub-
5 section (a) shall take effect with respect to any grant appli-
6 cation or State highway safety plan submitted under chap-
7 ter 4 of title 23, United States Code, for fiscal year 2024
8 or thereafter.
9 SEC. 24106. MULTIPLE SUBSTANCE-IMPAIRED DRIVING PRE-
10 VENTION.
† HR 3684 EAS
994
1 (2) INCLUSIONS.—The study conducted under
2 paragraph (1) shall include a detailed assessment
3 of—
4 (A) the extent to which State and local
5 criminal justice agencies are reporting impaired
6 driving arrest and citation data to Federal data-
7 bases;
8 (B) barriers—
9 (i) at the Federal, State, and local lev-
10 els, to the reporting of impaired driving ar-
11 rest and citation data to Federal databases;
12 and
13 (ii) to the use of those databases by
14 criminal justice agencies;
15 (C) Federal, State, and local resources
16 available to improve the reporting and sharing
17 of impaired driving data; and
18 (D) any options or recommendations for ac-
19 tions that Federal agencies or Congress could
20 take to further improve the reporting and shar-
21 ing of impaired driving data.
22 (3) REPORT.—Not later than 1 year after the
23 date of enactment of this Act, the Comptroller General
24 shall submit to the appropriate committees of Con-
† HR 3684 EAS
995
1 gress a report describing the results of the study con-
2 ducted under this subsection.
3 SEC. 24107. MINIMUM PENALTIES FOR REPEAT OFFENDERS
† HR 3684 EAS
996
1 (b) COORDINATION.—In carrying out subsection (a),
2 the Secretary may coordinate with States to update the
3 Model Minimum Uniform Crash Criteria to provide guid-
4 ance to States regarding the collection of information and
5 data elements for the crash data collection system.
6 (c) VULNERABLE ROAD USERS.—
7 (1) UPDATE.—Based on the information con-
8 tained in the vulnerable road user safety assessments
9 required by subsection (f) of section 32302 of title 49,
10 United States Code (as added by section 24213(b)(2)),
11 the Secretary shall modify existing crash data collec-
12 tion systems to include the collection of additional
13 crash report data elements relating to vulnerable road
14 user safety.
15 (2) INJURY HEALTH DATA.—The Secretary shall
16 coordinate with the Director of the Centers for Disease
17 Control and Prevention to develop and implement a
18 plan for States to combine highway crash data and
19 injury health data to produce a national database of
20 pedestrian injuries and fatalities, disaggregated by
21 demographic characteristics.
22 (d) STATE ELECTRONIC DATA COLLECTION.—
23 (1) DEFINITIONS.—In this subsection:
24 (A) ELECTRONIC DATA TRANSFER.—The
† HR 3684 EAS
997
1 for automated electronic transfer of State crash
2 data to the National Highway Traffic Safety
3 Administration.
4 (B) STATE.—The term ‘‘State’’ means—
5 (i) each of the 50 States;
6 (ii) the District of Columbia;
7 (iii) the Commonwealth of Puerto
8 Rico;
9 (iv) the United States Virgin Islands;
10 (v) Guam;
11 (vi) American Samoa;
12 (vii) the Commonwealth of the North-
13 ern Mariana Islands; and
14 (viii) the Secretary of the Interior, act-
15 ing on behalf of an Indian Tribe.
16 (2) ESTABLISHMENT OF PROGRAM.—The Sec-
17 retary shall establish a program under which the Sec-
18 retary shall—
19 (A) provide grants for the modernization of
20 State data collection systems to enable full elec-
21 tronic data transfer under paragraph (3); and
22 (B) upgrade the National Highway Traffic
23 Safety Administration system to manage and
24 support State electronic data transfers relating
25 to crashes under paragraph (4).
† HR 3684 EAS
998
1 (3) STATE GRANTS.—
† HR 3684 EAS
999
1 (ii) adoption of electronic crash report-
2 ing by law enforcement agencies; and
3 (iii) increasing alignment of State
4 crash data with the latest Model Minimum
5 Uniform Crash Criteria.
6 (D) FEDERAL SHARE.—The Federal share
7 of the cost of a project funded with a grant under
8 this paragraph may be up to 80 percent.
9 (4) NATIONAL HIGHWAY TRAFFIC SAFETY ADMIN-
† HR 3684 EAS
1000
1 (f) AUTHORIZATION OF APPROPRIATIONS.—There is
2 authorized to be appropriated to the Secretary to carry out
3 this section $150,000,000 for each of fiscal years 2022
4 through 2026, to remain available for a period of 3 fiscal
5 years following the fiscal year for which the amounts are
6 appropriated.
7 SEC. 24109. REVIEW OF MOVE OVER OR SLOW DOWN LAW
8 PUBLIC AWARENESS.
† HR 3684 EAS
1001
1 (i) penalties associated with the Move
2 Over or Slow Down Laws;
3 (ii) the level of enforcement of Move
4 Over or Slow Down Laws; and
5 (iii) the applicable class of vehicles
6 that triggers Move Over or Slow Down
7 Laws.
8 (B) an identification and description of
9 each Federal and State public awareness cam-
10 paign relating to Move Over or Slow Down
11 Laws; and
12 (C) a description of the role of the Depart-
13 ment in supporting State efforts with respect to
14 Move Over or Slow Down Laws, such as con-
15 ducting research, collecting data, or supporting
16 public awareness or education efforts.
17 (c) REPORT.—On completion of the study under sub-
18 section (b), the Comptroller General shall submit to the
19 Committee on Commerce, Science, and Transportation of
20 the Senate and the Committee on Transportation and In-
21 frastructure of the House of Representatives a report that
22 describes—
23 (1) the findings of the study; and
† HR 3684 EAS
1002
1 (2) any recommendations to improve public
2 awareness campaigns, research, or education efforts
3 relating to the issues described in subsection (b)(2).
4 SEC. 24110. REVIEW OF LAWS, SAFETY MEASURES, AND
6 BUSES.
† HR 3684 EAS
1003
1 camera if enforcement action is to be taken
2 based on that image;
3 (ii) laws that may reduce stop-arm
4 camera effectiveness;
5 (iii) the need for a law enforcement of-
6 ficer to witness an event for enforcement ac-
7 tion to be taken; and
8 (iv) the lack of primary enforcement
9 for texting and driving offenses;
10 (C) identifies the methods used by each
11 State to review, document, and report to law en-
12 forcement school bus stop-arm violations; and
13 (D) identifies best practices relating to the
14 most effective approaches to address the illegal
15 passing of school buses.
16 (2) PUBLICATION.—The report under paragraph
17 (1) shall be made publicly available on the website of
18 the Department.
19 (b) PUBLIC SAFETY MESSAGING CAMPAIGN.—
20 (1) IN GENERAL.—Not later than 1 year after
21 the date of enactment of this Act, the Secretary shall
22 establish and implement a public safety messaging
23 campaign that uses public safety media messages,
24 posters, digital media messages, and other media mes-
† HR 3684 EAS
1004
1 sages distributed to States, State departments of
2 motor vehicles, schools, and other public outlets—
3 (A) to highlight the importance of address-
4 ing the illegal passing of school buses; and
5 (B) to educate students and the public re-
6 garding the safe loading and unloading of
7 schools buses.
8 (2) CONSULTATION.—In carrying out paragraph
9 (1), the Secretary shall consult with—
10 (A) representatives of the school bus indus-
11 try from the public and private sectors; and
12 (B) States.
13 (3) UPDATES.—The Secretary shall periodically
14 update the materials used in the campaign under
15 paragraph (1).
16 (c) REVIEW OF TECHNOLOGIES.—
17 (1) IN GENERAL.—Not later than 2 years after
18 the date of enactment of this Act, the Secretary shall
19 review and evaluate the effectiveness of various tech-
20 nologies for enhancing school bus safety, including
21 technologies such as—
22 (A) cameras;
23 (B) audible warning systems; and
24 (C) enhanced lighting.
† HR 3684 EAS
1005
1 (2) INCLUSIONS.—The review under paragraph
2 (1)—
3 (A) shall include—
4 (i) an assessment of—
5 (I) the costs of acquiring and op-
6 erating new equipment;
7 (II) the potential impact of that
8 equipment on overall school bus rider-
9 ship; and
10 (III) motion-activated detection
11 systems capable of—
12 (aa) detecting pedestrians,
13 cyclists, and other road users lo-
14 cated near the exterior of the
15 school bus; and
16 (bb) alerting the operator of
17 the school bus of those road users;
18 (ii) an assessment of the impact of ad-
19 vanced technologies designed to improve
20 loading zone safety; and
21 (iii) an assessment of the effectiveness
22 of school bus lighting systems at clearly
23 communicating to surrounding drivers the
24 appropriate actions those drivers should
25 take; and
† HR 3684 EAS
1006
1 (B) may include an evaluation of any tech-
2 nological solutions that may enhance school bus
3 safety outside the school bus loading zone.
4 (3) CONSULTATION.—In carrying out the review
5 under paragraph (1), the Secretary shall consult
6 with—
7 (A) manufacturers of school buses;
8 (B) manufacturers of various technologies
9 that may enhance school bus safety; and
10 (C) representatives of the school bus indus-
11 try from the public and private sectors.
12 (4) PUBLICATION.—The Secretary shall make the
13 findings of the review under paragraph (1) publicly
14 available on the website of the Department.
15 (d) REVIEW OF DRIVER EDUCATION MATERIALS.—
16 (1) IN GENERAL.—Not later than 2 years after
17 the date of enactment of this Act, the Secretary
18 shall—
19 (A) review driver manuals, handbooks, and
20 other materials in all States to determine wheth-
21 er and the means by which illegal passing of
22 school buses is addressed in those driver mate-
23 rials, including in—
24 (i) testing for noncommercial driver’s
25 licenses; and
† HR 3684 EAS
1007
1 (ii) road tests; and
2 (B) make recommendations on methods by
3 which States can improve education regarding
4 the illegal passing of school buses, particularly
5 for new drivers.
6 (2) CONSULTATION.—In carrying out paragraph
7 (1), the Secretary shall consult with—
8 (A) representatives of the school bus indus-
9 try from the public and private sectors;
10 (B) States;
11 (C) State motor vehicle administrators or
12 senior State executives responsible for driver li-
13 censing; and
14 (D) other appropriate motor vehicle experts.
15 (3) PUBLICATION.—The Secretary shall make the
16 findings of the review under paragraph (1) publicly
17 available on the website of the Department.
18 (e) REVIEW OF OTHER SAFETY ISSUES.—
19 (1) IN GENERAL.—Not later than 2 years after
20 the date of enactment of this Act, the Secretary shall
21 research and prepare a report describing any rela-
22 tionship between the illegal passing of school buses
23 and other safety issues, including issues such as—
24 (A) distracted driving;
† HR 3684 EAS
1008
1 (B) poor visibility, such as morning dark-
2 ness;
3 (C) illumination and reach of vehicle head-
4 lights;
5 (D) speed limits; and
6 (E) characteristics associated with school
7 bus stops, including the characteristics of school
8 bus stops in rural areas.
9 (2) PUBLICATION.—The Secretary shall make the
10 report under paragraph (1) publicly available on the
11 website of the Department.
12 SEC. 24111. MOTORCYCLIST ADVISORY COUNCIL.
† HR 3684 EAS
1009
1 ‘‘(A) 5 shall be representatives of units of
2 State or local government with expertise relating
3 to highway engineering and safety issues, includ-
4 ing—
5 ‘‘(i) motorcycle and motorcyclist safety;
6 ‘‘(ii) barrier and road design, con-
7 struction, and maintenance; or
8 ‘‘(iii) intelligent transportation sys-
9 tems;
10 ‘‘(B) 1 shall be a motorcyclist who serves as
11 a State or local—
12 ‘‘(i) traffic and safety engineer;
13 ‘‘(ii) design engineer; or
14 ‘‘(iii) other transportation department
15 official;
16 ‘‘(C) 1 shall be a representative of a na-
17 tional association of State transportation offi-
18 cials;
19 ‘‘(D) 1 shall be a representative of a na-
20 tional motorcyclist association;
21 ‘‘(E) 1 shall be a representative of a na-
22 tional motorcyclist foundation;
23 ‘‘(F) 1 shall be a representative of a na-
24 tional motorcycle manufacturing association;
† HR 3684 EAS
1010
1 ‘‘(G) 1 shall be a representative of a motor-
2 cycle manufacturing company headquartered in
3 the United States;
4 ‘‘(H) 1 shall be a roadway safety data ex-
5 pert with expertise relating to crash testing and
6 analysis; and
7 ‘‘(I) 1 shall be a member of a national safe-
8 ty organization that represents the traffic safety
9 systems industry.
10 ‘‘(2) TERM.—
11 ‘‘(A) IN GENERAL.—Subject to subpara-
12 graphs (B) and (C), each member shall serve on
13 the Council for a single term of 2 years.
14 ‘‘(B) ADDITIONAL TERM.—If a successor is
15 not appointed for a member of the Council before
16 the expiration of the term of service of the mem-
17 ber, the member may serve on the Council for a
18 second term of not longer than 2 years.
19 ‘‘(C) APPOINTMENT OF REPLACEMENTS.—If
† HR 3684 EAS
1011
1 ‘‘(ii) the resigning member may con-
2 tinue to serve after resignation until the
3 date on which a successor is appointed.
4 ‘‘(3) VACANCIES.—A vacancy on the Council
5 shall be filled in the manner in which the original
6 appointment was made.
7 ‘‘(4) COMPENSATION.—A member of the Council
8 shall serve without compensation.
9 ‘‘(c) DUTIES.—
10 ‘‘(1) ADVISING.—The Council shall advise the
11 Secretary, the Administrator of the National High-
12 way Traffic Safety Administration, and the Adminis-
13 trator of the Federal Highway Administration re-
14 garding transportation safety issues of concern to mo-
15 torcyclists, including—
16 ‘‘(A) motorcycle and motorcyclist safety;
17 ‘‘(B) barrier and road design, construction,
18 and maintenance practices; and
19 ‘‘(C) the architecture and implementation of
20 intelligent transportation system technologies.
21 ‘‘(2) BIENNIAL REPORT.—Not later than October
22 31 of the calendar year following the calendar year in
23 which the Council is established, and not less fre-
24 quently than once every 2 years thereafter, the Coun-
25 cil shall submit to the Secretary a report containing
† HR 3684 EAS
1012
1 recommendations of the Council regarding the issues
2 described in paragraph (1).
3 ‘‘(d) DUTIES OF SECRETARY.—
4 ‘‘(1) COUNCIL RECOMMENDATIONS.—
† HR 3684 EAS
1013
1 report from the Council under subsection (c)(2),
2 the Secretary shall submit a review describing
3 the response of the Secretary to the recommenda-
4 tions of the Council contained in the Council re-
5 port to—
6 ‘‘(i) the Committee on Commerce,
7 Science, and Transportation of the Senate;
8 ‘‘(ii) the Committee on Environment
9 and Public Works of the Senate;
10 ‘‘(iii) the Subcommittee on Transpor-
11 tation, Housing and Urban Development,
12 and Related Agencies of the Committee on
13 Appropriations of the Senate;
14 ‘‘(iv) the Committee on Transportation
15 and Infrastructure of the House of Rep-
16 resentatives; and
17 ‘‘(v) the Subcommittee on Transpor-
18 tation, Housing and Urban Development,
19 and Related Agencies of the Committee on
20 Appropriations of the House of Representa-
21 tives.
22 ‘‘(B) CONTENTS.—A review of the Secretary
23 under this paragraph shall include a description
24 of—
† HR 3684 EAS
1014
1 ‘‘(i) each recommendation contained in
2 the Council report covered by the review;
3 and
4 ‘‘(ii)(I) each recommendation of the
5 Council that was categorized under para-
6 graph (1)(B)(ii) as being under consider-
7 ation by the Secretary in the preceding re-
8 view submitted under this paragraph; and
9 ‘‘(II) for each such recommendation,
10 whether the recommendation—
11 ‘‘(aa) is accepted or rejected by
12 the Secretary; or
13 ‘‘(bb) remains under consideration
14 by the Secretary.
15 ‘‘(3) ADMINISTRATIVE AND TECHNICAL SUP-
† HR 3684 EAS
1015
1 is amended by inserting after the item relating to section
2 354 the following:
‘‘355. Motorcyclist Advisory Council.’’.
10 PROGRAM.
† HR 3684 EAS
1017
1 (A) to develop a comprehensive safety action
2 plan;
3 (B) to conduct planning, design, and devel-
4 opment activities for projects and strategies iden-
5 tified in a comprehensive safety action plan; or
6 (C) to carry out projects and strategies
7 identified in a comprehensive safety action plan.
8 (4) PROGRAM.—The term ‘‘program’’ means the
9 Safe Streets and Roads for All program established
10 under subsection (b).
11 (b) ESTABLISHMENT.—The Secretary shall establish
12 and carry out a program, to be known as the Safe Streets
13 and Roads for All program, that supports local initiatives
14 to prevent death and serious injury on roads and streets,
15 commonly referred to as ‘‘Vision Zero’’ or ‘‘Toward Zero
16 Deaths’’ initiatives.
17 (c) GRANTS.—
18 (1) IN GENERAL.—In carrying out the program,
19 the Secretary may make grants to eligible entities, on
20 a competitive basis, in accordance with this section.
21 (2) LIMITATIONS.—
22 (A) IN GENERAL.—Not more than 15 per-
23 cent of the funds made available to carry out the
24 program for a fiscal year may be awarded to eli-
† HR 3684 EAS
1018
1 gible projects in a single State during that fiscal
2 year.
3 (B) PLANNING GRANTS.—Of the total
4 amount made available to carry out the program
5 for each fiscal year, not less than 40 percent
6 shall be awarded to eligible projects described in
7 subsection (a)(3)(A).
8 (d) SELECTION OF ELIGIBLE PROJECTS.—
9 (1) SOLICITATION.—Not later than 180 days
10 after the date on which amounts are made available
11 to provide grants under the program for a fiscal year,
12 the Secretary shall solicit from eligible entities grant
13 applications for eligible projects in accordance with
14 this section.
15 (2) APPLICATIONS.—
16 (A) IN GENERAL.—To be eligible to receive
17 a grant under the program, an eligible entity
18 shall submit to the Secretary an application in
19 such form and containing such information as
20 the Secretary considers to be appropriate.
21 (B) REQUIREMENT.—An application for a
22 grant under this paragraph shall include mecha-
23 nisms for evaluating the success of applicable eli-
24 gible projects and strategies.
† HR 3684 EAS
1019
1 (3) CONSIDERATIONS.—In awarding a grant
2 under the program, the Secretary shall take into con-
3 sideration the extent to which an eligible entity, and
4 each eligible project proposed to be carried out by the
5 eligible entity, as applicable—
6 (A) is likely to significantly reduce or
7 eliminate transportation-related fatalities and
8 serious injuries involving various road users, in-
9 cluding pedestrians, bicyclists, public transpor-
10 tation users, motorists, and commercial opera-
11 tors, within the timeframe proposed by the eligi-
12 ble entity;
13 (B) demonstrates engagement with a variety
14 of public and private stakeholders;
15 (C) seeks to adopt innovative technologies or
16 strategies to promote safety;
17 (D) employs low-cost, high-impact strategies
18 that can improve safety over a wider geo-
19 graphical area;
20 (E) ensures, or will ensure, equitable invest-
21 ment in the safety needs of underserved commu-
22 nities in preventing transportation-related fa-
23 talities and injuries;
24 (F) includes evidence-based projects or strat-
25 egies; and
† HR 3684 EAS
1020
1 (G) achieves such other conditions as the
2 Secretary considers to be necessary.
3 (4) TRANSPARENCY.—
4 (A) IN GENERAL.—The Secretary shall
5 evaluate, through a methodology that is discern-
6 ible and transparent to the public, the means by,
7 and extent to, which each application under the
8 program addresses any applicable merit criteria
9 established by the Secretary.
10 (B) PUBLICATION.—The methodology under
11 subparagraph (A) shall be published by the Sec-
12 retary as part of the notice of funding oppor-
13 tunity under the program.
14 (e) FEDERAL SHARE.—The Federal share of the cost
15 of an eligible project carried out using a grant provided
16 under the program shall not exceed 80 percent.
17 (f) FUNDING.—
18 (1) AUTHORIZATION OF APPROPRIATIONS.—
† HR 3684 EAS
1021
1 a fiscal year, the Secretary may retain not more than
2 2 percent for the administrative expenses of the pro-
3 gram.
4 (3) AVAILABILITY TO ELIGIBLE ENTITIES.—
† HR 3684 EAS
1022
1 (2) the outcomes and benefits that each such eli-
2 gible project has generated, as—
3 (A) identified in the grant application of
4 the eligible entity; and
5 (B) measured by data, to the maximum ex-
6 tent practicable; and
7 (3) the lessons learned and any recommendations
8 relating to future projects or strategies to prevent
9 death and serious injury on roads and streets.
10 (i) BEST PRACTICES.—Based on the information sub-
11 mitted by eligible entities under subsection (g), the Sec-
12 retary shall—
13 (1) periodically post on a publicly available
14 website best practices and lessons learned for pre-
15 venting transportation-related fatalities and serious
16 injuries pursuant to strategies or interventions imple-
17 mented under the program; and
18 (2) evaluate and incorporate, as appropriate, the
19 effectiveness of strategies and interventions imple-
20 mented under the program for the purpose of enrich-
21 ing revisions to the document entitled ‘‘Counter-
22 measures That Work: A Highway Safety Counter-
23 measure Guide for State Highway Safety Offices,
24 Ninth Edition’’ and numbered DOT HS 812 478 (or
25 any successor document).
† HR 3684 EAS
1023
1 SEC. 24113. IMPLEMENTATION OF GAO RECOMMENDA-
2 TIONS.
† HR 3684 EAS
1025
1 (B) using performance information to make
2 any necessary changes to advance pedestrian and
3 cyclist safety efforts.
4 Subtitle B—Vehicle Safety
5 SEC. 24201. AUTHORIZATION OF APPROPRIATIONS.
† HR 3684 EAS
1026
1 ‘‘(A) by the applicable date described in sec-
2 tion 573.7(d) of title 49, Code of Federal Regula-
3 tions (or a successor regulation), a quarterly re-
4 port describing the campaign for each of 8 con-
5 secutive quarters, beginning with the quarter in
6 which the campaign was initiated; and
7 ‘‘(B) an annual report for each of the 3
8 years beginning after the date of completion of
9 the last quarter for which a quarterly report is
10 submitted under subparagraph (A).
11 ‘‘(2) REQUIREMENTS.—Except as otherwise pro-
12 vided in this subsection, each report under this sub-
13 section shall comply with the requirements of section
14 573.7 of title 49, Code of Federal Regulations (or a
15 successor regulation).’’.
16 (b) RECALL COMPLETION RATES.—Section 30120 of
17 title 49, United States Code, is amended by adding at the
18 end the following:
19 ‘‘(k) RECALL COMPLETION RATES.—
20 ‘‘(1) IN GENERAL.—The Administrator of the
21 National Highway Traffic Safety Administration
22 shall publish an annual list of recall completion rates
23 for each recall campaign for which 8 quarterly re-
24 ports have been submitted under subsection (f) of sec-
25 tion 30118 as of the date of publication of the list.
† HR 3684 EAS
1027
1 ‘‘(2) REQUIREMENTS.—The annual list under
2 paragraph (1) shall include—
3 ‘‘(A) for each applicable campaign—
4 ‘‘(i) the total number of vehicles subject
5 to recall; and
6 ‘‘(ii) the percentage of vehicles that
7 have been remedied; and
8 ‘‘(B) for each manufacturer submitting an
9 applicable quarterly report under section
10 30118(f)—
11 ‘‘(i) the total number of recalls issued
12 by the manufacturer during the year cov-
13 ered by the list;
14 ‘‘(ii) the estimated number of vehicles
15 of the manufacturer subject to recall during
16 the year covered by the list; and
17 ‘‘(iii) the percentage of vehicles that
18 have been remedied.’’.
19 SEC. 24203. RECALL ENGAGEMENT.
† HR 3684 EAS
1028
1 (A) the reasons why vehicle owners do not
2 have repairs performed for vehicles subject to
3 open recalls; and
4 (B) whether engagement by third parties,
5 including State and local governments, insur-
6 ance companies, or other entities, could increase
7 the rate at which vehicle owners have repairs
8 performed for vehicles subject to open recalls; and
9 (2) submit to Congress a report describing the re-
10 sults of the study under paragraph (1), including any
11 recommendations for increasing the rate of repair for
12 vehicles subject to open recalls.
13 (b) RIDESHARING.—Not later than 18 months after the
14 date of enactment of this Act, the Comptroller General
15 shall—
16 (1) conduct a study to determine the number of
17 passenger motor vehicles in each State that—
18 (A) are used by transportation network
19 companies for for-hire purposes, such as ride-
20 sharing; and
21 (B) have 1 or more open recalls; and
22 (2) submit to Congress a report describing the re-
23 sults of the study under paragraph (1).
24 (c) NHTSA STUDY AND REPORT.—Not later than 3
25 years after the date of enactment of this Act, the Adminis-
† HR 3684 EAS
1029
1 trator of the National Highway Traffic Safety Administra-
2 tion shall—
3 (1) conduct a study to determine the ways in
4 which vehicle recall notices could—
5 (A) more effectively reach vehicle owners;
6 (B) be made easier for all consumers to un-
7 derstand; and
8 (C) incentivize vehicle owners to complete
9 the repairs described in the recall notices; and
10 (2) submit to Congress a report describing the re-
11 sults of the study under paragraph (1), including any
12 recommendations for—
13 (A) increasing the rate of repair for vehicles
14 subject to open recalls; or
15 (B) any regulatory or statutory legislative
16 changes that would facilitate an increased rate of
17 repair.
18 SEC. 24204. MOTOR VEHICLE SEAT BACK SAFETY STAND-
19 ARDS.
† HR 3684 EAS
1030
1 (b) COMPLIANCE DATE.—If the Secretary determines
2 that a final rule is appropriate consistent with the consider-
3 ations described in section 30111(b) of title 49, United
4 States Code, in issuing a final rule pursuant to subsection
5 (a), the Secretary shall establish a date for required compli-
6 ance with the final rule of not later than 2 motor vehicle
7 model years after the model year during which the effective
8 date of the final rule occurs.
9 SEC. 24205. AUTOMATIC SHUTOFF.
† HR 3684 EAS
1031
1 49, Code of Federal Regulations (or a suc-
2 cessor regulation));
3 (ii) any motor vehicle with a gross ve-
4 hicle weight rating of more than 10,000
5 pounds;
6 (iii) a battery electric vehicle; or
7 (iv) a motor vehicle that requires ex-
8 tended periods with the engine in idle to op-
9 erate in service mode or to operate equip-
10 ment, such as an emergency vehicle (includ-
11 ing a police vehicle, an ambulance, or a tow
12 vehicle) and a commercial-use vehicle (in-
13 cluding a refrigeration vehicle).
14 (b) AUTOMATIC SHUTOFF SYSTEMS FOR MOTOR VEHI-
15 CLES.—
† HR 3684 EAS
1032
1 vehicle after the motor vehicle has idled for the
2 period described in subparagraph (B).
3 (B) DESCRIPTION OF PERIOD.—
† HR 3684 EAS
1033
1 September 1 of the first calendar year beginning after
2 the date on which the Secretary issues the rule.
3 (c) PREVENTING MOTOR VEHICLES FROM ROLLING
4 AWAY.—
5 (1) REQUIREMENT.—The Secretary shall conduct
6 a study of the regulations contained in part 571 of
7 title 49, Code of Federal Regulations, to evaluate the
8 potential consequences and benefits of the installation
9 by manufacturers of technology to prevent movement
10 of motor vehicles equipped with keyless ignition de-
11 vices and automatic transmissions when—
12 (A) the transmission of the motor vehicle is
13 not in the park setting;
14 (B) the motor vehicle does not exceed the
15 speed determined by the Secretary under para-
16 graph (2);
17 (C) the seat belt of the operator of the motor
18 vehicle is unbuckled;
19 (D) the service brake of the motor vehicle is
20 not engaged; and
21 (E) the door for the operator of the motor
22 vehicle is open.
23 (2) REVIEW AND REPORT.—The Secretary
24 shall—
† HR 3684 EAS
1034
1 (A) provide a recommended maximum
2 speed at which a motor vehicle may be safely
3 locked in place under the conditions described in
4 subparagraphs (A), (C), (D), and (E) of para-
5 graph (1) to prevent vehicle rollaways; and
6 (B) not later than 1 year after the date of
7 completion of the study under paragraph (1),
8 submit to the Committee on Commerce, Science,
9 and Transportation of the Senate and the Com-
10 mittee on Transportation and Infrastructure of
11 the House of Representatives a report—
12 (i) describing the findings of the study;
13 and
14 (ii) providing additional recommenda-
15 tions, if any.
16 SEC. 24206. PETITIONS BY INTERESTED PERSONS FOR
† HR 3684 EAS
1035
1 (A) in the third sentence, by striking ‘‘If a
2 petition’’ and inserting the following:
3 ‘‘(3) DENIAL.—If a petition under this section’’;
4 (B) in the second sentence , by striking ‘‘If
5 a petition is granted’’ and inserting the fol-
6 lowing:
7 ‘‘(2) APPROVAL.—If a petition under this section
8 is approved’’; and
9 (C) in the first sentence, by striking ‘‘The
10 Secretary shall grant or deny a petition’’ and
11 inserting the following:
12 ‘‘(1) IN GENERAL.—The Secretary shall deter-
13 mine whether to approve or deny a petition under
14 this section by’’.
15 SEC. 24207. CHILD SAFETY SEAT ACCESSIBILITY STUDY.
† HR 3684 EAS
1036
1 (1) examine the impact of Federal funding pro-
2 vided under section 405 of title 23, United States
3 Code; and
4 (2) develop a plan for addressing any needs
5 identified in the study, including by working with so-
6 cial service providers.
7 SEC. 24208. CRASH AVOIDANCE TECHNOLOGY.
† HR 3684 EAS
1037
1 ‘‘(II) a collision is imminent; and
2 ‘‘(ii) automatically applies the brakes
3 if the driver fails to do so; and
4 ‘‘(B) a lane departure warning and lane-
5 keeping assist system that—
6 ‘‘(i) warns the driver to maintain the
7 lane of travel; and
8 ‘‘(ii) corrects the course of travel if the
9 driver fails to do so.
10 ‘‘(b) COMPLIANCE DATE.—The Secretary of Transpor-
11 tation shall determine the appropriate effective date, and
12 any phasing-in of requirements, of the final rule promul-
13 gated pursuant to subsection (a).’’.
14 (b) CLERICAL AMENDMENT.—The analysis for sub-
15 chapter II of chapter 301 of title 49, United States Code,
16 is amended by adding at the end the following:
‘‘30129. Crash avoidance technology.’’.
† HR 3684 EAS
1039
1 and the Committee on Energy and Commerce of
2 the House of Representatives a report describing
3 the reasons for not prescribing additional Fed-
4 eral motor vehicle safety standards regarding the
5 research conducted under subsection (a).
6 (2) PRIVACY.—A rule issued pursuant to para-
7 graph (1) shall incorporate appropriate privacy and
8 data security safeguards, as determined by the Sec-
9 retary.
10 SEC. 24210. RULEMAKING REPORT.
† HR 3684 EAS
1040
1 (E) a defect reporting requirement under
2 section 32302(d) of title 49, United States Code;
3 (F) subsections (b) and (c) of section
4 32304A of title 49, United States Code;
5 (G) the tire pressure monitoring standards
6 required under section 24115 of the FAST Act
7 (49 U.S.C. 30123 note; Public Law 114–94);
8 (H) the amendment made by section 24402
9 of the FAST Act (129 Stat. 1720; Public Law
10 114–94) to section 30120(g)(1) of title 49, United
11 States Code;
12 (I) the records retention rule required under
13 section 24403 of the FAST Act (49 U.S.C. 30117
14 note; Public Law 114–94);
15 (J) the amendments made by section 24405
16 of the FAST Act (Public Law 114–94; 129 Stat.
17 1721) to section 30114 of title 49, United States
18 Code;
19 (K) a defect and noncompliance notification
20 required under—
21 (i) section 24104 of the FAST Act (49
22 U.S.C. 30119 note; Public Law 114–94); or
23 (ii) section 31301 of MAP–21 (49
24 U.S.C. 30166 note; Public Law 112–141);
† HR 3684 EAS
1041
1 (L) a side impact or frontal impact test
2 procedure for child restraint systems under sec-
3 tion 31501 of MAP–21 (49 U.S.C. 30127 note;
4 Public Law 112–141);
5 (M) an upgrade to child restraint anchorage
6 system usability requirements required under
7 section 31502 of MAP–21 (49 U.S.C. 30127 note;
8 Public Law 112–141);
9 (N) the rear seat belt reminder system re-
10 quired under section 31503 of MAP–21 (49
11 U.S.C. 30127 note; Public Law 112–141);
12 (O) a motorcoach rulemaking required
13 under section 32703 of MAP–21 (49 U.S.C.
14 31136 note; Public Law 112–141); or
15 (P) any rulemaking required under this
16 Act.
17 (b) NOTIFICATION.—Not later than 180 days after the
18 date of enactment of this Act, and not less frequently than
19 biannually thereafter until the applicable covered rule-
20 making is complete, the Secretary shall submit to the Com-
21 mittee on Commerce, Science, and Transportation of the
22 Senate and the Committee on Energy and Commerce of the
23 House of Representatives a written notification that in-
24 cludes, with respect to each covered rulemaking—
† HR 3684 EAS
1042
1 (1) for a covered rulemaking with a statutory
2 deadline for completion—
3 (A) an explanation of why the deadline was
4 not met; and
5 (B) an expected date of completion of the
6 covered rulemaking; and
7 (2) for a covered rulemaking without a statutory
8 deadline for completion, an expected date of comple-
9 tion of the covered rulemaking.
10 (c) ADDITIONAL CONTENTS.—A notification under
11 subsection (b) shall include, for each applicable covered
12 rulemaking—
13 (1) an updated timeline;
14 (2) a list of factors causing delays in the comple-
15 tion of the covered rulemaking; and
16 (3) any other details associated with the status
17 of the covered rulemaking.
18 SEC. 24211. GLOBAL HARMONIZATION.
† HR 3684 EAS
1043
1 SEC. 24212. HEADLAMPS.
† HR 3684 EAS
1044
1 (c) PERIODIC REVIEW.—Nothing in this section pre-
2 cludes the Secretary from—
3 (1) reviewing Standard 108, as amended pursu-
4 ant to subsection (b); and
5 (2) revising Standard 108 to reflect an updated
6 version of SAE International Standard J3069, as the
7 Secretary determines to be—
8 (A) appropriate; and
9 (B) in accordance with section 30111 of
10 title 49, United States Code.
11 SEC. 24213. NEW CAR ASSESSMENT PROGRAM.
† HR 3684 EAS
1045
1 ‘‘(e) ADVANCED CRASH-AVOIDANCE TECHNOLOGIES.—
2 ‘‘(1) NOTICE.—Not later than 1 year after the
3 date of enactment of this subsection, the Secretary
4 shall publish a notice, for purposes of public review
5 and comment, to establish, distinct from crash-
6 worthiness information, a means for providing to
7 consumers information relating to advanced crash-
8 avoidance technologies, in accordance with subsection
9 (a).
10 ‘‘(2) INCLUSIONS.—The notice under paragraph
11 (1) shall include—
12 ‘‘(A) an appropriate methodology for—
13 ‘‘(i) determining which advanced
14 crash-avoidance technologies shall be in-
15 cluded in the information;
16 ‘‘(ii) developing performance test cri-
17 teria for use by manufacturers in evalu-
18 ating advanced crash-avoidance tech-
19 nologies;
20 ‘‘(iii) determining a distinct rating in-
21 volving each advanced crash-avoidance tech-
22 nology to be included; and
23 ‘‘(iv) updating overall vehicle ratings
24 to incorporate advanced crash-avoidance
25 technology ratings; and
† HR 3684 EAS
1046
1 ‘‘(B) such other information and analyses
2 as the Secretary determines to be necessary to
3 implement the rating of advanced crash-avoid-
4 ance technologies.
5 ‘‘(3) REPORT.—Not later than 18 months after
6 the date of enactment of this subsection, the Secretary
7 shall submit to the Committee on Commerce, Science,
8 and Transportation of the Senate and the Committee
9 on Energy and Commerce of the House of Representa-
10 tives a report that describes a plan for implementing
11 an advanced crash-avoidance technology information
12 and rating system, in accordance with subsection (a).
13 ‘‘(f) VULNERABLE ROAD USER SAFETY.—
14 ‘‘(1) NOTICE.—Not later than 1 year after the
15 date of enactment of this subsection, the Secretary
16 shall publish a notice, for purposes of public review
17 and comment, to establish a means for providing to
18 consumers information relating to pedestrian, bicy-
19 clist, or other vulnerable road user safety technologies,
20 in accordance with subsection (a).
21 ‘‘(2) INCLUSIONS.—The notice under paragraph
22 (1) shall include—
23 ‘‘(A) an appropriate methodology for—
24 ‘‘(i) determining which technologies
25 shall be included in the information;
† HR 3684 EAS
1047
1 ‘‘(ii) developing performance test cri-
2 teria for use by manufacturers in evalu-
3 ating the extent to which automated pedes-
4 trian safety systems in light vehicles at-
5 tempt to prevent and mitigate, to the best
6 extent possible, pedestrian injury;
7 ‘‘(iii) determining a distinct rating in-
8 volving each technology to be included; and
9 ‘‘(iv) updating overall vehicle ratings
10 to incorporate vulnerable road user safety
11 technology ratings; and
12 ‘‘(B) such other information and analyses
13 as the Secretary determines to be necessary to
14 implement the rating of vulnerable road user
15 safety technologies.
16 ‘‘(3) REPORT.—Not later than 18 months after
17 the date of enactment of this subsection, the Secretary
18 shall submit to the Committee on Commerce, Science,
19 and Transportation of the Senate and the Committee
20 on Energy and Commerce of the House of Representa-
21 tives a report that describes a plan for implementing
22 an information and rating system for vulnerable road
23 user safety technologies, in accordance with subsection
24 (a).’’.
25 (c) ROADMAP.—
† HR 3684 EAS
1048
1 (1) IN GENERAL.—Chapter 323 of title 49,
2 United States Code, is amended by adding at the end
3 the following:
4 ‘‘§ 32310. New Car Assessment Program roadmap
5 ‘‘(a) ESTABLISHMENT.—Not later than 1 year after the
6 date of enactment of this section, and not less frequently
7 than once every 4 years thereafter, the Secretary of Trans-
8 portation (referred to in this section as the ‘Secretary’) shall
9 establish a roadmap for the implementation of the New Car
10 Assessment Program of the National Highway Traffic Safe-
11 ty Administration.
12 ‘‘(b) REQUIREMENTS.—A roadmap under subsection
13 (a) shall—
14 ‘‘(1) cover a term of 10 years, consisting of—
15 ‘‘(A) a mid-term component covering the
16 initial 5 years of the term; and
17 ‘‘(B) a long-term component covering the
18 final 5 years of the term; and
19 ‘‘(2) be in accordance with—
20 ‘‘(A) section 306 of title 5;
21 ‘‘(B) section 1115 of title 31;
22 ‘‘(C) section 24401 of the FAST Act (49
23 U.S.C. 105 note; Public Law 114–94); and
24 ‘‘(D) any other relevant plans of the Na-
25 tional Highway Traffic Safety Administration.
† HR 3684 EAS
1049
1 ‘‘(c) CONTENTS.—A roadmap under subsection (a)
2 shall include—
3 ‘‘(1) a plan for any changes to the New Car As-
4 sessment Program of the National Highway Traffic
5 Safety Administration, including—
6 ‘‘(A) descriptions of actions to be carried
7 out to update the passenger motor vehicle infor-
8 mation developed under section 32302(a), includ-
9 ing the development of test procedures, test de-
10 vices, test fixtures, and safety performance
11 metrics, which shall, as applicable, incor-
12 porate—
13 ‘‘(i) objective criteria for evaluating
14 safety technologies; and
15 ‘‘(ii) reasonable time periods for com-
16 pliance with new or updated tests;
17 ‘‘(B) key milestones, including the antici-
18 pated start of an action, completion of an action,
19 and effective date of an update; and
20 ‘‘(C) descriptions of the means by which an
21 update will improve the passenger motor vehicle
22 information developed under section 32302(a);
23 ‘‘(2) an identification and prioritization of safe-
24 ty opportunities and technologies—
† HR 3684 EAS
1050
1 ‘‘(A) with respect to the mid-term compo-
2 nent of the roadmap under subsection
3 (b)(1)(A)—
4 ‘‘(i) that are practicable; and
5 ‘‘(ii) for which objective rating tests,
6 evaluation criteria, and other consumer
7 data exist for a market-based, consumer in-
8 formation approach; and
9 ‘‘(B) with respect to the long-term compo-
10 nent of the roadmap under subsection (b)(1)(B),
11 exist or are in development;
12 ‘‘(3) an identification of—
13 ‘‘(A) any safety opportunity or technology
14 that—
15 ‘‘(i) is identified through the activities
16 carried out pursuant to subsection (d) or
17 (e); and
18 ‘‘(ii) is not included in the roadmap
19 under paragraph (2);
20 ‘‘(B) the reasons why such a safety oppor-
21 tunity or technology is not included in the road-
22 map; and
23 ‘‘(C) any developments or information that
24 would be necessary for the Secretary to consider
† HR 3684 EAS
1051
1 including such a safety opportunity or tech-
2 nology in a future roadmap; and
3 ‘‘(4) consideration of the benefits of consistency
4 with other rating systems used—
5 ‘‘(A) within the United States; and
6 ‘‘(B) internationally.
7 ‘‘(d) CONSIDERATIONS.—Before finalizing a roadmap
8 under this section, the Secretary shall—
9 ‘‘(1) make the roadmap available for public com-
10 ment;
11 ‘‘(2) review any public comments received under
12 paragraph (1); and
13 ‘‘(3) incorporate in the roadmap under this sec-
14 tion those comments, as the Secretary determines to
15 be appropriate.
16 ‘‘(e) STAKEHOLDER ENGAGEMENT.—Not less fre-
17 quently than annually, the Secretary shall engage stake-
18 holders that represent a diversity of technical backgrounds
19 and viewpoints—
20 ‘‘(1) to identify—
21 ‘‘(A) safety opportunities or technologies in
22 development that could be included in future
23 roadmaps; and
† HR 3684 EAS
1052
1 ‘‘(B) opportunities to benefit from collabora-
2 tion or harmonization with third-party safety
3 rating programs;
4 ‘‘(2) to assist with long-term planning;
5 ‘‘(3) to provide an interim update of the status
6 and development of the following roadmap to be estab-
7 lished under subsection (a); and
8 ‘‘(4) to collect feedback or other information that
9 the Secretary determines to be relevant to enhancing
10 the New Car Assessment Program of the National
11 Highway Traffic Safety Administration.’’.
12 (2) CLERICAL AMENDMENT.—The analysis for
13 chapter 323 of title 49, United States Code, is amend-
14 ed by adding at the end the following:
‘‘32310. New Car Assessment Program roadmap.’’.
† HR 3684 EAS
1053
1 (1) the incorporation or consideration of ad-
2 vanced crash-avoidance technology in existing motor
3 vehicle standards;
4 (2) the incorporation or consideration of stand-
5 ards or technologies to reduce the number of injuries
6 and fatalities suffered by pedestrians, bicyclists, or
7 other vulnerable road users;
8 (3) the development of performance test criteria
9 for use by manufacturers in evaluating advanced
10 crash-avoidance technology, including technology re-
11 lating to vulnerable road user safety;
12 (4) potential harmonization with global stand-
13 ards, including United Nations Economic Commis-
14 sion for Europe Regulation Number 42; and
15 (5) such other information and analyses as the
16 Secretary determines to be necessary.
17 (c) REPORT.—Not later than 2 years after the date of
18 enactment of this Act, the Secretary shall submit to the
19 Committee on Commerce, Science, and Transportation of
20 the Senate and the Committee on Energy and Commerce
21 of the House of Representatives a report that describes—
22 (1) the current status of hood and bumper stand-
23 ards;
24 (2) relevant advanced crash-avoidance tech-
25 nology;
† HR 3684 EAS
1054
1 (3) actions needed to be carried out to develop
2 performance test criteria; and
3 (4) if applicable, a plan for incorporating ad-
4 vanced crash-avoidance technology, including tech-
5 nology relating to vulnerable road user safety, in ex-
6 isting standards.
7 SEC. 24215. EMERGENCY MEDICAL SERVICES AND 9–1–1.
† HR 3684 EAS
1055
1 (1) conduct a study—
2 (A) to evaluate the early warning reporting
3 data submitted under section 30166(m) of title
4 49, United States Code (including regulations);
5 and
6 (B) to identify improvements, if any, that
7 would enhance the use by the National Highway
8 Traffic Administration of early warning report-
9 ing data to enhance safety; and
10 (2) submit to the Committee on the Committee
11 on Commerce, Science, and Transportation of the
12 Senate and the Committee on Energy and Commerce
13 of the House of Representatives a report describing
14 the results of the study under paragraph (1), includ-
15 ing any recommendations for regulatory or legislative
16 action.
17 SEC. 24217. IMPROVED VEHICLE SAFETY DATABASES.
† HR 3684 EAS
1056
1 (1) to improve organization and functionality,
2 including design features such as drop-down menus;
3 (2) to allow data from applicable publicly acces-
4 sible vehicle safety databases to be searched, sorted,
5 aggregated, and downloaded in a manner that—
6 (A) is consistent with the public interest;
7 and
8 (B) facilitates easy use by consumers;
9 (3) to provide greater consistency in presentation
10 of vehicle safety issues;
11 (4) to improve searchability regarding specific
12 vehicles and issues, which may include the standard-
13 ization of commonly used search terms; and
14 (5) to ensure nonconfidential documents and ma-
15 terials relating to information created or obtained by
16 the National Highway Traffic Safety Administration
17 are made publicly available in a manner that is—
18 (A) timely; and
19 (B) searchable in databases by any element
20 that the Secretary determines to be in the public
21 interest.
22 SEC. 24218. NATIONAL DRIVER REGISTER ADVISORY COM-
23 MITTEE REPEAL.
† HR 3684 EAS
1057
1 (b) CLERICAL AMENDMENT.—The analysis for chapter
2 303 of title 49, United States Code, is amended by striking
3 the item relating to section 30306.
4 SEC. 24219. RESEARCH ON CONNECTED VEHICLE TECH-
5 NOLOGY.
† HR 3684 EAS
1058
1 (1) alcohol-impaired driving fatalities represent
2 approximately ⁄
13 of all highway fatalities in the
3 United States each year;
4 (2) in 2019, there were 10,142 alcohol-impaired
5 driving fatalities in the United States involving driv-
6 ers with a blood alcohol concentration level of .08 or
7 higher, and 68 percent of the crashes that resulted in
8 those fatalities involved a driver with a blood alcohol
9 concentration level of .15 or higher;
10 (3) the estimated economic cost for alcohol-im-
11 paired driving in 2010 was $44,000,000,000;
12 (4) according to the Insurance Institute for
13 Highway Safety, advanced drunk and impaired driv-
14 ing prevention technology can prevent more than
15 9,400 alcohol-impaired driving fatalities annually;
16 and
17 (5) to ensure the prevention of alcohol-impaired
18 driving fatalities, advanced drunk and impaired
19 driving prevention technology must be standard
20 equipment in all new passenger motor vehicles.
21 (b) DEFINITIONS.—In this section:
22 (1) ADVANCED DRUNK AND IMPAIRED DRIVING
† HR 3684 EAS
1059
1 (A) can—
2 (i) passively monitor the performance
3 of a driver of a motor vehicle to accurately
4 identify whether that driver may be im-
5 paired; and
6 (ii) prevent or limit motor vehicle op-
7 eration if an impairment is detected;
8 (B) can—
9 (i) passively and accurately detect
10 whether the blood alcohol concentration of a
11 driver of a motor vehicle is equal to or
12 greater than the blood alcohol concentration
13 described in section 163(a) of title 23,
14 United States Code; and
15 (ii) prevent or limit motor vehicle op-
16 eration if a blood alcohol concentration
17 above the legal limit is detected; or
18 (C) is a combination of systems described in
19 subparagraphs (A) and (B).
20 (2) NEW.—The term ‘‘new’’, with respect to a
21 passenger motor vehicle, means that the passenger
22 motor vehicle—
23 (A) is a new vehicle (as defined in section
24 37.3 of title 49, Code of Federal Regulations (or
25 a successor regulation)); and
† HR 3684 EAS
1060
1 (B) has not been purchased for purposes
2 other than resale.
3 (3) PASSENGER MOTOR VEHICLE.—The term
4 ‘‘passenger motor vehicle’’ has the meaning given the
5 term in section 32101 of title 49, United States Code.
6 (4) SECRETARY.—The term ‘‘Secretary’’ means
7 the Secretary of Transportation, acting through the
8 Administrator of the National Highway Traffic Safe-
9 ty Administration.
10 (c) ADVANCED DRUNK AND IMPAIRED DRIVING PRE-
11 VENTION TECHNOLOGY SAFETY STANDARD.—Subject to
12 subsection (e) and not later than 3 years after the date of
13 enactment of this Act, the Secretary shall issue a final rule
14 prescribing a Federal motor vehicle safety standard under
15 section 30111 of title 49, United States Code, that requires
16 passenger motor vehicles manufactured after the effective
17 date of that standard to be equipped with advanced drunk
18 and impaired driving prevention technology.
19 (d) REQUIREMENT.—To allow sufficient time for man-
20 ufacturer compliance, the compliance date of the rule issued
21 under subsection (c) shall be not earlier than 2 years and
22 not more than 3 years after the date on which that rule
23 is issued.
24 (e) TIMING.—If the Secretary determines that the Fed-
25 eral motor vehicle safety standard required under subsection
† HR 3684 EAS
1061
1 (c) cannot meet the requirements and considerations de-
2 scribed in subsections (a) and (b) of section 30111 of title
3 49, United States Code, by the applicable date, the Sec-
4 retary—
5 (1) may extend the time period to such date as
6 the Secretary determines to be necessary, but not later
7 than the date that is 3 years after the date described
8 in subsection (c);
9 (2) shall, not later than the date described in
10 subsection (c) and not less frequently than annually
11 thereafter until the date on which the rule under that
12 subsection is issued, submit to the Committee on Com-
13 merce, Science, and Transportation of the Senate and
14 the Committee on Energy and Commerce of the House
15 of Representatives a report describing, as of the date
16 of submission of the report—
17 (A) the reasons for not prescribing a Fed-
18 eral motor vehicle safety standard under section
19 30111 of title 49, United States Code, that re-
20 quires advanced drunk and impaired driving
21 prevention technology in all new passenger motor
22 vehicles;
23 (B) the deployment of advanced drunk and
24 impaired driving prevention technology in vehi-
25 cles;
† HR 3684 EAS
1062
1 (C) any information relating to the ability
2 of vehicle manufacturers to include advanced
3 drunk and impaired driving prevention tech-
4 nology in new passenger motor vehicles; and
5 (D) an anticipated timeline for prescribing
6 the Federal motor vehicle safety standard de-
7 scribed in subsection (c); and
8 (3) if the Federal motor vehicle safety standard
9 required by subsection (c) has not been finalized by
10 the date that is 10 years after the date of enactment
11 of this Act, shall submit to the Committee on Com-
12 merce, Science, and Transportation of the Senate and
13 the Committee on Energy and Commerce of the House
14 of Representative a report describing—
15 (A) the reasons why the Federal motor vehi-
16 cle safety standard has not been finalized;
17 (B) the barriers to finalizing the Federal
18 motor vehicle safety standard; and
19 (C) recommendations to Congress to facili-
20 tate the Federal motor vehicle safety standard.
21 SEC. 24221. GAO REPORT ON CRASH DUMMIES.
† HR 3684 EAS
1063
1 Senate and the Committee on Energy and Commerce of the
2 House of Representatives a report that—
3 (1) examines—
4 (A) the processes used by the National
5 Highway Traffic Safety Administration (referred
6 to in this section as the ‘‘Administration’’) for
7 studying and deploying crash test dummies;
8 (B)(i) the types of crash test dummies used
9 by the Administration as of the date of enact-
10 ment of this Act;
11 (ii) the seating positions in which those
12 crash test dummies are tested; and
13 (iii) whether the seating position affects dis-
14 parities in motor vehicle safety outcomes based
15 on demographic characteristics, including sex,
16 and, if so, how the seating position affects those
17 disparities;
18 (C) the biofidelic crash test dummies that
19 are available in the global and domestic market-
20 place that reflect the physical and demographic
21 characteristics of the driving public in the
22 United States, including—
23 (i) females;
24 (ii) the elderly;
25 (iii) young adults;
† HR 3684 EAS
1064
1 (iv) children; and
2 (v) individuals of differing body
3 weights;
4 (D) how the Administration determines
5 whether to study and deploy new biofidelic crash
6 test dummies, including the biofidelic crash test
7 dummies examined under subparagraph (C),
8 and the timelines by which the Administration
9 conducts the work of making those determina-
10 tions and studying and deploying new biofidelic
11 crash test dummies;
12 (E) challenges the Administration faces in
13 studying and deploying new crash test dummies;
14 and
15 (F) how the practices of the Administration
16 with respect to crash test dummies compare to
17 other programs that test vehicles and report re-
18 sults to the public, including the European New
19 Car Assessment Programme;
20 (2) evaluates potential improvements to the proc-
21 esses described in paragraph (1) that could reduce
22 disparities in motor vehicle safety outcomes based on
23 demographic characteristics, including sex;
24 (3) analyzes the potential use of computer sim-
25 ulation techniques, as a supplement to physical crash
† HR 3684 EAS
1065
1 tests, to conduct virtual simulations of vehicle crash
2 tests in order to evaluate predicted motor vehicle safe-
3 ty outcomes based on the different physical and demo-
4 graphic characteristics of motor vehicle occupants;
5 and
6 (4) includes, as applicable, any assessments or
7 recommendations relating to crash test dummies that
8 are relevant to reducing disparities in motor vehicle
9 safety outcomes based on demographic characteristics,
10 including sex.
11 (b) INTERIM REPORT FROM THE ADMINISTRATION.—
12 Not later than 90 days after the date of enactment of this
13 Act, the Administrator of the Administration shall submit
14 to the Committee on Commerce, Science, and Transpor-
15 tation of the Senate and the Committee on Energy and
16 Commerce of the House of Representatives a report that—
17 (1) identifies—
18 (A) the types of crash test dummies used by
19 the Administration as of the date of enactment
20 of this Act with respect to—
21 (i) the New Car Assessment Program
22 of the Administration; and
23 (ii) testing relating to Federal Motor
24 Vehicle Safety Standards;
† HR 3684 EAS
1066
1 (B) how each type of crash test dummy
2 identified under subparagraph (A) is tested with
3 respect to seating position; and
4 (C) any crash test dummies that the Ad-
5 ministration is actively evaluating for future
6 use—
7 (i) in the New Car Assessment Pro-
8 gram of the Administration; or
9 (ii) for testing relating to Federal
10 Motor Vehicle Safety Standards;
11 (2) explains—
12 (A) the plans of the Administration, includ-
13 ing the expected timelines, for putting any crash
14 test dummies identified under paragraph (1)(C)
15 to use as described in that paragraph;
16 (B) any challenges to putting those crash
17 test dummies to use; and
18 (C) the potential use of computer simula-
19 tion techniques, as a supplement to physical
20 crash tests, to conduct virtual simulations of ve-
21 hicle crash tests in order to evaluate predicted
22 motor vehicle safety outcomes based on the dif-
23 ferent physical and demographic characteristics
24 of motor vehicle occupants; and
† HR 3684 EAS
1067
1 (3) provides policy recommendations for reduc-
2 ing disparities in motor vehicle safety testing and
3 outcomes based on demographic characteristics, in-
4 cluding sex.
5 SEC. 24222. CHILD SAFETY.
6 (a) AMENDMENT.—
7 (1) IN GENERAL.—Chapter 323 of title 49,
8 United States Code, is amended by adding after sec-
9 tion 32304A the following:
10 ‘‘§ 32304B. Child safety
11 ‘‘(a) DEFINITIONS.—In this section:
12 ‘‘(1) PASSENGER MOTOR VEHICLE.—The term
13 ‘passenger motor vehicle’ has the meaning given that
14 term in section 32101.
15 ‘‘(2) REAR-DESIGNATED SEATING POSITION.—
† HR 3684 EAS
1068
1 rear-designated seating positions after the vehicle engine or
2 motor is deactivated by the operator.
3 ‘‘(c) MEANS.—The alert required under subsection
4 (b)—
5 ‘‘(1) shall include a distinct auditory and visual
6 alert, which may be combined with a haptic alert;
7 and
8 ‘‘(2) shall be activated when the vehicle motor is
9 deactivated by the operator.
10 ‘‘(d) PHASE-IN.—The rule issued pursuant to sub-
11 section (b) shall require full compliance with the rule begin-
12 ning on September 1st of the first calendar year that begins
13 2 years after the date on which the final rule is issued.’’.
14 (2) CLERICAL AMENDMENT.—The analysis for
15 chapter 323 of title 49, United States Code, is amend-
16 ed by inserting after the item relating to section
17 32304A the following:
‘‘32304B. Child safety.’’.
† HR 3684 EAS
1070
1 aftermarket technologies or products to re-
2 duce the risk of children being left in rear-
3 designated seating positions after deactiva-
4 tion of a motor vehicle; and
5 (ii) provide recommendations—
6 (I) for manufacturers of the tech-
7 nologies and products described in
8 clause (i) to carry out a functional
9 safety performance evaluation to en-
10 sure that the technologies and products
11 perform as designed by the manufac-
12 turer under a variety of real-world
13 conditions; and
14 (II) for consumers on methods to
15 select an appropriate technology or
16 product described in clause (i) in order
17 to retrofit existing vehicles.
18 (2) REPORT BY SECRETARY.—Not later than 180
19 days after the date on which the Secretary issues the
20 final rule required by section 32304B(b) of title 49,
21 United States Code (as added by subsection (a)(1)),
22 the Secretary shall submit a report describing the re-
23 sults of the study carried out under paragraph (1)
24 to—
† HR 3684 EAS
1071
1 (A) the Committee on Commerce, Science,
2 and Transportation of the Senate; and
3 (B) the Committee on Energy and Com-
4 merce of the House of Representatives.
5 TITLE V—RESEARCH AND
6 INNOVATION
7 SEC. 25001. INTELLIGENT TRANSPORTATION SYSTEMS PRO-
† HR 3684 EAS
1072
1 as subparagraphs (H), (J), (K), (L), (M), (N),
2 (O), (S), (T), and (U), respectively;
3 (D) by inserting after subparagraph (E) (as
4 redesignated by section 13008(a)(2)) the fol-
5 lowing:
6 ‘‘(F) a representative of a national transit
7 association;
8 ‘‘(G) a representative of a national, State,
9 or local transportation agency or association;’’;
10 (E) by inserting after subparagraph (H) (as
11 redesignated by subparagraph (C)) the following:
12 ‘‘(I) a private sector developer of intelligent
13 transportation system technologies, which may
14 include emerging vehicle technologies;’’;
15 (F) by inserting after subparagraph (O) (as
16 so redesignated) the following:
17 ‘‘(P) a representative of a labor organiza-
18 tion;
19 ‘‘(Q) a representative of a mobility-pro-
20 viding entity;
21 ‘‘(R) an expert in traffic management;’’;
22 and
23 (G) by adding at the end the following:
24 ‘‘(V) an expert in cybersecurity; and
25 ‘‘(W) an automobile manufacturer.’’;
† HR 3684 EAS
1073
1 (3) in paragraph (3)—
2 (A) in subparagraph (A), by striking ‘‘sec-
3 tion 508’’ and inserting ‘‘section 6503 of title
4 49’’; and
5 (B) in subparagraph (B)—
6 (i) in the matter preceding clause (i),
7 by inserting ‘‘programs and’’ before ‘‘re-
8 search’’; and
9 (ii) in clause (iii), by striking ‘‘re-
10 search and’’ and inserting ‘‘programs, re-
11 search, and’’;
12 (4) by redesignating paragraphs (3) through (5)
13 as paragraphs (5) through (7); and
14 (5) by inserting after paragraph (2) the fol-
15 lowing:
16 ‘‘(3) TERM.—
17 ‘‘(A) IN GENERAL.—The term of a member
18 of the Advisory Committee shall be 3 years.
19 ‘‘(B) RENEWAL.—On expiration of the term
20 of a member of the Advisory Committee, the
21 member—
22 ‘‘(i) may be reappointed; or
23 ‘‘(ii) if the member is not reappointed
24 under clause (i), may serve until a new
25 member is appointed.
† HR 3684 EAS
1074
1 ‘‘(4) MEETINGS.—The Advisory Committee—
2 ‘‘(A) shall convene not less frequently than
3 twice each year; and
4 ‘‘(B) may convene with the use of remote
5 video conference technology.’’.
6 SEC. 25002. SMART COMMUNITY RESOURCE CENTER.
† HR 3684 EAS
1075
1 (c) INCLUSIONS.—The resource center shall include
2 links to—
3 (1) existing programs and resources for intel-
4 ligent transportation system or smart community
5 transportation programs, including technical assist-
6 ance, education, training, funding, and examples of
7 intelligent transportation systems or smart commu-
8 nity transportation programs implemented by States
9 and local communities, available from—
10 (A) the Department;
11 (B) other Federal agencies; and
12 (C) non-Federal sources;
13 (2) existing reports or databases with the results
14 of intelligent transportation system or smart commu-
15 nity transportation programs;
16 (3) any best practices developed or lessons
17 learned from intelligent transportation system or
18 smart community transportation programs; and
19 (4) such other resources as the Secretary deter-
20 mines to be appropriate.
21 (d) DEADLINE.—The Secretary shall establish the re-
22 source center by the date that is 1 year after the date of
23 enactment of this Act.
24 (e) UPDATES.—The Secretary shall ensure that the re-
25 source center is updated on a regular basis.
† HR 3684 EAS
1076
1 SEC. 25003. FEDERAL SUPPORT FOR LOCAL DECISION-
2 MAKING.
† HR 3684 EAS
1078
1 (c) GOALS.—
2 (1) IN GENERAL.—A data analysis tool created
3 pursuant to the work plan submitted under subsection
4 (b)(1) shall be developed to help inform local commu-
5 nities in making infrastructure investments.
6 (2) SPECIFIC ISSUES.—A data analysis tool cre-
7 ated pursuant to the work plan submitted under sub-
8 section (b)(1) shall be intended to help units of local
9 government and other units of government address 1
10 or more of the following:
11 (A) Improving maintenance of existing as-
12 sets.
13 (B) Rebuilding infrastructure to a state of
14 good repair.
15 (C) Creating economic development through
16 infrastructure development.
17 (D) Establishing freight plans and infra-
18 structure that connects the community to supply
19 chains.
20 (E) Increasing options for communities that
21 lack access to affordable transportation to im-
22 prove access to jobs, affordable housing, schools,
23 medical services, foods and other essential com-
24 munity services.
25 (F) Reducing congestion.
† HR 3684 EAS
1079
1 (G) Improving community resilience to ex-
2 treme weather events.
3 (H) Any other subject, as the Director deter-
4 mines to be necessary.
5 (d) IMPLEMENTATION.—Subject to the availability of
6 appropriations, the Secretary shall develop data analysis
7 tools and purchase datasets as prioritized in the work plan.
8 (e) COORDINATION.—The Director of the Bureau of
9 Transportation Statistics may utilize existing working
10 groups or advisory committees to perform the local outreach
11 required under subsection (a).
12 SEC. 25004. BUREAU OF TRANSPORTATION STATISTICS.
† HR 3684 EAS
1080
1 ‘‘(V) employment in the transpor-
2 tation sector;
3 ‘‘(VI) the effects of the transpor-
4 tation system, including advanced
5 technologies and automation, on global
6 and domestic economic competitive-
7 ness;’’.
8 SEC. 25005. STRENGTHENING MOBILITY AND REVOLUTION-
† HR 3684 EAS
1081
1 (3) LARGE COMMUNITY.—The term ‘‘large com-
2 munity’’ means a community with a population of
3 not less than 400,000 individuals, as determined
4 under the most recent annual estimate of the Bureau
5 of the Census.
6 (4) MIDSIZED COMMUNITY.—The term ‘‘midsized
7 community’’ means any community that is not a
8 large community or a rural community.
9 (5) REGIONAL PARTNERSHIP.—The term ‘‘re-
10 gional partnership’’ means a partnership composed of
11 2 or more eligible entities located in jurisdictions
12 with a combined population that is equal to or great-
13 er than the population of any midsized community.
14 (6) RURAL COMMUNITY.—The term ‘‘rural com-
15 munity’’ means a community that is located in an
16 area that is outside of an urbanized area (as defined
17 in section 5302 of title 49, United States Code).
18 (7) SMART GRANT.—The term ‘‘SMART grant’’
19 means a grant provided to an eligible entity under
20 the Strengthening Mobility and Revolutionizing
21 Transportation Grant Program established under sub-
22 section (b).
23 (b) ESTABLISHMENT OF PROGRAM.—The Secretary
24 shall establish a program, to be known as the ‘‘Strength-
25 ening Mobility and Revolutionizing Transportation Grant
† HR 3684 EAS
1082
1 Program’’, under which the Secretary shall provide grants
2 to eligible entities to conduct demonstration projects focused
3 on advanced smart city or community technologies and sys-
4 tems in a variety of communities to improve transportation
5 efficiency and safety.
6 (c) DISTRIBUTION.—In determining the projects for
7 which to provide a SMART grant, the Secretary shall con-
8 sider contributions to geographical diversity among grant
9 recipients, including the need for balancing the needs of
10 rural communities, midsized communities, and large com-
11 munities, consistent with the requirements of subpara-
12 graphs (A) through (C) of subsection (g)(1).
13 (d) APPLICATIONS.—
14 (1) IN GENERAL.—An eligible entity may submit
15 to the Secretary an application for a SMART grant
16 at such time, in such manner, and containing such
17 information as the Secretary may require.
18 (2) TRANSPARENCY.—The Secretary shall in-
19 clude, in any notice of funding availability relating
20 to SMART grants, a full description of the method by
21 which applications under paragraph (1) will be eval-
22 uated.
23 (3) SELECTION CRITERIA.—
† HR 3684 EAS
1083
1 (A) IN GENERAL.—The Secretary shall
2 evaluate applications for SMART grants based
3 on—
4 (i) the extent to which the eligible enti-
5 ty or applicable beneficiary community—
6 (I) has a public transportation
7 system or other transit options capable
8 of integration with other systems to
9 improve mobility and efficiency;
10 (II) has a population density and
11 transportation needs conducive to dem-
12 onstrating proposed strategies;
13 (III) has continuity of committed
14 leadership and the functional capacity
15 to carry out the proposed project;
16 (IV) is committed to open data
17 sharing with the public; and
18 (V) is likely to successfully imple-
19 ment the proposed eligible project, in-
20 cluding through technical and finan-
21 cial commitments from the public and
22 private sectors; and
23 (ii) the extent to which a proposed eli-
24 gible project will use advanced data, tech-
25 nology, and applications to provide signifi-
† HR 3684 EAS
1084
1 cant benefits to a local area, a State, a re-
2 gion, or the United States, including the ex-
3 tent to which the proposed eligible project
4 will—
5 (I) reduce congestion and delays
6 for commerce and the traveling public;
7 (II) improve the safety and inte-
8 gration of transportation facilities and
9 systems for pedestrians, bicyclists, and
10 the broader traveling public;
11 (III) improve access to jobs, edu-
12 cation, and essential services, includ-
13 ing health care;
14 (IV) connect or expand access for
15 underserved or disadvantaged popu-
16 lations and reduce transportation
17 costs;
18 (V) contribute to medium- and
19 long-term economic competitiveness;
20 (VI) improve the reliability of ex-
21 isting transportation facilities and sys-
22 tems;
23 (VII) promote connectivity be-
24 tween and among connected vehicles,
25 roadway infrastructure, pedestrians,
† HR 3684 EAS
1085
1 bicyclists, the public, and transpor-
2 tation systems
3 (VIII) incentivize private sector
4 investments or partnerships, including
5 by working with mobile and fixed tele-
6 communication service providers, to
7 the extent practicable;
8 (IX) improve energy efficiency or
9 reduce pollution;
10 (X) increase the resiliency of the
11 transportation system; and
12 (XI) improve emergency response.
13 (B) PRIORITY.—In providing SMART
14 grants, the Secretary shall give priority to appli-
15 cations for eligible projects that would—
16 (i) demonstrate smart city or commu-
17 nity technologies in repeatable ways that
18 can rapidly be scaled;
19 (ii) encourage public and private shar-
20 ing of data and best practices;
21 (iii) encourage private-sector innova-
22 tion by promoting industry-driven tech-
23 nology standards, open platforms, tech-
24 nology-neutral requirements, and interoper-
25 ability;
† HR 3684 EAS
1086
1 (iv) promote a skilled workforce that is
2 inclusive of minority or disadvantaged
3 groups;
4 (v) allow for the measurement and val-
5 idation of the cost savings and performance
6 improvements associated with the installa-
7 tion and use of smart city or community
8 technologies and practices;
9 (vi) encourage the adoption of smart
10 city or community technologies by commu-
11 nities;
12 (vii) promote industry practices re-
13 garding cybersecurity; and
14 (viii) safeguard individual privacy.
15 (4) TECHNICAL ASSISTANCE.—On request of an
16 eligible entity that submitted an application under
17 paragraph (1) with respect to a project that is not se-
18 lected for a SMART grant, the Secretary shall provide
19 to the eligible entity technical assistance and briefings
20 relating to the project.
21 (e) USE OF GRANT FUNDS.—
22 (1) ELIGIBLE PROJECTS.—
† HR 3684 EAS
1087
1 (i) COORDINATED AUTOMATION.—The
† HR 3684 EAS
1088
1 road weather data, or global positioning
2 data to improve on-time pickup and deliv-
3 ery, improved travel time reliability, re-
4 duced fuel consumption and emissions, and
5 reduced labor and vehicle maintenance
6 costs.
7 (vi) LEVERAGING USE OF INNOVATIVE
† HR 3684 EAS
1089
1 (II) implementing strategies, ac-
2 tivities, and projects that support ac-
3 tive management of traffic signal oper-
4 ations, including through optimization
5 of corridor timing, improved vehicle,
6 pedestrian, and bicycle detection at
7 traffic signals, or the use of connected
8 vehicle technologies;
9 (III) replacing outdated traffic
10 signals; or
11 (IV) for an eligible entity serving
12 a population of less than 500,000, pay-
13 ing the costs of temporary staffing
14 hours dedicated to updating traffic sig-
15 nal technology.
16 (2) ELIGIBLE PROJECT COSTS.—A SMART
17 grant may be used for—
18 (A) development phase activities, includ-
19 ing—
20 (i) planning;
21 (ii) feasibility analyses;
22 (iii) revenue forecasting;
23 (iv) environmental review;
24 (v) permitting;
† HR 3684 EAS
1090
1 (vi) preliminary engineering and de-
2 sign work;
3 (vii) systems development or informa-
4 tion technology work; and
5 (viii) acquisition of real property (in-
6 cluding land and improvements to land re-
7 lating to an eligible project); and
8 (B) construction phase activities, includ-
9 ing—
10 (i) construction;
11 (ii) reconstruction;
12 (iii) rehabilitation;
13 (iv) replacement;
14 (v) environmental mitigation;
15 (vi) construction contingencies; and
16 (vii) acquisition of equipment, includ-
17 ing vehicles.
18 (3) PROHIBITED USES.—A SMART grant shall
19 not be used—
20 (A) to reimburse any preaward costs or ap-
21 plication preparation costs of the SMART grant
22 application;
23 (B) for any traffic or parking enforcement
24 activity; or
† HR 3684 EAS
1091
1 (C) to purchase or lease a license plate
2 reader.
3 (f) REPORTS.—
4 (1) ELIGIBLE ENTITIES.—Not later than 2 years
5 after the date on which an eligible entity receives a
6 SMART grant, and annually thereafter until the date
7 on which the SMART grant is expended, the eligible
8 entity shall submit to the Secretary an implementa-
9 tion report that describes—
10 (A) the deployment and operational costs of
11 each eligible project carried out by the eligible
12 entity, as compared to the benefits and savings
13 from the eligible project; and
14 (B) the means by which each eligible project
15 carried out by the eligible entity has met the
16 original expectation, as projected in the SMART
17 grant application, including—
18 (i) data describing the means by which
19 the eligible project met the specific goals for
20 the project, such as—
21 (I) reducing traffic-related fatali-
22 ties and injuries;
23 (II) reducing traffic congestion or
24 improving travel-time reliability;
† HR 3684 EAS
1092
1 (III) providing the public with
2 access to real-time integrated traffic,
3 transit, and multimodal transpor-
4 tation information to make informed
5 travel decisions; or
6 (IV) reducing barriers or improv-
7 ing access to jobs, education, or various
8 essential services;
9 (ii) the effectiveness of providing to the
10 public real-time integrated traffic, transit,
11 and multimodal transportation information
12 to make informed travel decisions; and
13 (iii) lessons learned and recommenda-
14 tions for future deployment strategies to op-
15 timize transportation efficiency and
16 multimodal system performance.
17 (2) GAO.—Not later than 4 years after the date
18 of enactment of this Act, the Comptroller General of
19 the United States shall conduct, and submit to the
20 Committee on Commerce, Science, and Transpor-
21 tation of the Senate, the Committee on Energy and
22 Commerce of the House of Representatives, and the
23 Committee on Transportation and Infrastructure of
24 the House of Representatives a report describing the
† HR 3684 EAS
1093
1 results of, a review of the SMART grant program
2 under this section.
3 (3) SECRETARY.—
4 (A) REPORT TO CONGRESS.—Not later than
5 2 years after the date on which the initial
6 SMART grants are provided under this section,
7 the Secretary shall submit to the Committee on
8 Commerce, Science, and Transportation of the
9 Senate, the Committee on Energy and Commerce
10 of the House of Representatives, and the Com-
11 mittee on Transportation and Infrastructure of
12 the House of Representatives a report that—
13 (i) describes each eligible entity that
14 received a SMART grant;
15 (ii) identifies the amount of each
16 SMART grant provided;
17 (iii) summarizes the intended uses of
18 each SMART grant;
19 (iv) describes the effectiveness of eligible
20 entities in meeting the goals described in the
21 SMART grant application of the eligible en-
22 tity, including an assessment or measure-
23 ment of the realized improvements or bene-
24 fits resulting from each SMART grant; and
† HR 3684 EAS
1094
1 (v) describes lessons learned and rec-
2 ommendations for future deployment strate-
3 gies to optimize transportation efficiency
4 and multimodal system performance.
5 (B) BEST PRACTICES.—The Secretary
6 shall—
7 (i) develop and regularly update best
8 practices based on, among other informa-
9 tion, the data, lessons learned, and feedback
10 from eligible entities that received SMART
11 grants;
12 (ii) publish the best practices under
13 clause (i) on a publicly available website;
14 and
15 (iii) update the best practices pub-
16 lished on the website under clause (ii) regu-
17 larly.
18 (g) AUTHORIZATION OF APPROPRIATIONS.—
19 (1) IN GENERAL.—There is authorized to be ap-
20 propriated to the Secretary $100,000,000 for each of
21 the first 5 fiscal years beginning after the date of en-
22 actment of this Act, of which—
23 (A) not more than 40 percent shall be used
24 to provide SMART grants for eligible projects
25 that primarily benefit large communities;
† HR 3684 EAS
1095
1 (B) not more than 30 percent shall be pro-
2 vided for eligible projects that primarily benefit
3 midsized communities; and
4 (C) not more than 30 percent shall be used
5 to provide SMART grants for eligible projects
6 that primarily benefit rural communities or re-
7 gional partnerships.
8 (2) ADMINISTRATIVE COSTS.—Of the amounts
9 made available under paragraph (1) for each fiscal
10 year, not more than 2 percent shall be used for ad-
11 ministrative costs of the Secretary in carrying out
12 this section.
13 (3) LIMITATION.—An eligible entity may not use
14 more than 3 percent of the amount of a SMART
15 grant for each fiscal year to achieve compliance with
16 applicable planning and reporting requirements.
17 (4) AVAILABILITY.—The amounts made available
18 for a fiscal year pursuant to this subsection shall be
19 available for obligation during the 2-fiscal-year pe-
20 riod beginning on the first day of the fiscal year for
21 which the amounts were appropriated.
22 SEC. 25006. ELECTRIC VEHICLE WORKING GROUP.
† HR 3684 EAS
1096
1 (A) the Secretary; and
2 (B) the Secretary of Energy.
3 (2) WORKING GROUP.—The term ‘‘working
4 group’’ means the electric vehicle working group es-
5 tablished under subsection (b)(1).
6 (b) ESTABLISHMENT.—
7 (1) IN GENERAL.—Not later than 1 year after
8 the date of enactment of this Act, the Secretaries shall
9 jointly establish an electric vehicle working group to
10 make recommendations regarding the development,
11 adoption, and integration of light-, medium-, and
12 heavy-duty electric vehicles into the transportation
13 and energy systems of the United States.
14 (2) MEMBERSHIP.—
15 (A) IN GENERAL.—The working group shall
16 be composed of—
17 (i) the Secretaries (or designees), who
18 shall be cochairs of the working group; and
19 (ii) not more than 25 members, to be
20 appointed by the Secretaries, of whom—
21 (I) not more than 6 shall be Fed-
22 eral stakeholders as described in sub-
23 paragraph (B); and
† HR 3684 EAS
1097
1 (II) not more than 19 shall be
2 non-Federal stakeholders as described
3 in subparagraph (C).
4 (B) FEDERAL STAKEHOLDERS.—The work-
5 ing group—
6 (i) shall include not fewer than 1 rep-
7 resentative of each of—
8 (I) the Department;
9 (II) the Department of Energy;
10 (III) the Environmental Protec-
11 tion Agency;
12 (IV) the Council on Environ-
13 mental Quality; and
14 (V) the General Services Adminis-
15 tration; and
16 (ii) may include a representative of
17 any other Federal agency the Secretaries
18 consider to be appropriate.
19 (C) NON-FEDERAL STAKEHOLDERS.—
† HR 3684 EAS
1098
1 evant components of light-duty
2 electric vehicles;
3 (bb) a manufacturer of
4 medium- and heavy-duty vehicles
5 or the relevant components of
6 medium- and heavy-duty electric
7 vehicles;
8 (cc) a manufacturer of elec-
9 tric vehicle batteries;
10 (dd) an owner, operator, or
11 manufacturer of electric vehicle
12 charging equipment;
13 (ee) the public utility indus-
14 try;
15 (ff) a public utility regulator
16 or association of public utility
17 regulators;
18 (gg) the transportation fuel-
19 ing distribution industry;
20 (hh) the energy provider in-
21 dustry;
22 (ii) the automotive dealing
23 industry;
24 (jj) the for-hire passenger
25 transportation industry;
† HR 3684 EAS
1099
1 (kk) an organization rep-
2 resenting units of local govern-
3 ment;
4 (ll) an organization rep-
5 resenting regional transportation
6 or planning agencies;
7 (mm) an organization rep-
8 resenting State departments of
9 transportation;
10 (nn) an organization rep-
11 resenting State departments of en-
12 ergy or State energy planners;
13 (oo) the intelligent transpor-
14 tation systems and technologies
15 industry;
16 (pp) labor organizations rep-
17 resenting workers in transpor-
18 tation manufacturing, construc-
19 tion, or operations;
20 (qq) the trucking industry;
21 (rr) Tribal governments; and
22 (ss) the property development
23 industry; and
24 (II) may include a representative
25 of any other non-Federal stakeholder
† HR 3684 EAS
1100
1 that the Secretaries consider to be ap-
2 propriate.
3 (ii) REQUIREMENT.—The stakeholders
4 selected under clause (i) shall, in the aggre-
5 gate—
6 (I) consist of individuals with a
7 balance of backgrounds, experiences,
8 and viewpoints; and
9 (II) include individuals that rep-
10 resent geographically diverse regions of
11 the United States, including individ-
12 uals representing the perspectives of
13 rural, urban, and suburban areas.
14 (D) COMPENSATION.—A member of the
15 working group shall serve without compensation.
16 (3) MEETINGS.—
17 (A) IN GENERAL.—The working group shall
18 meet not less frequently than once every 120
19 days.
20 (B) REMOTE PARTICIPATION.—A member of
21 the working group may participate in a meeting
22 of the working group via teleconference or simi-
23 lar means.
24 (4) COORDINATION.—In carrying out the duties
25 of the working group, the working group shall coordi-
† HR 3684 EAS
1101
1 nate and consult with any existing Federal inter-
2 agency working groups on fleet conversion or other
3 similar matters relating to electric vehicles.
4 (c) REPORTS AND STRATEGY ON ELECTRIC VEHICLE
5 ADOPTION.—
6 (1) WORKING GROUP REPORTS.—The working
7 group shall complete by each of the deadlines de-
8 scribed in paragraph (2) a report describing the sta-
9 tus of electric vehicle adoption including—
10 (A) a description of the barriers and oppor-
11 tunities to scaling up electric vehicle adoption
12 throughout the United States, including rec-
13 ommendations for issues relating to—
14 (i) consumer behavior;
15 (ii) charging infrastructure needs, in-
16 cluding standardization and cybersecurity;
17 (iii) manufacturing and battery costs,
18 including the raw material shortages for
19 batteries and electric motor magnets;
20 (iv) the adoption of electric vehicles for
21 low- and moderate-income individuals and
22 underserved communities, including charg-
23 ing infrastructure access and vehicle pur-
24 chase financing;
† HR 3684 EAS
1102
1 (v) business models for charging per-
2 sonal electric vehicles outside the home, in-
3 cluding wired and wireless charging;
4 (vi) charging infrastructure permitting
5 and regulatory issues;
6 (vii) the connections between housing
7 and transportation costs and emissions;
8 (viii) freight transportation, including
9 local, port and drayage, regional, and long-
10 haul trucking;
11 (ix) intercity passenger travel;
12 (x) the process by which governments
13 collect a user fee for the contribution of elec-
14 tric vehicles to funding roadway improve-
15 ments;
16 (xi) State- and local-level policies, in-
17 centives, and zoning efforts;
18 (xii) the installation of highway cor-
19 ridor signage;
20 (xiii) secondary markets and recycling
21 for batteries;
22 (xiv) grid capacity and integration;
23 (xv) energy storage; and
24 (xvi) specific regional or local issues
25 that may not appear to apply throughout
† HR 3684 EAS
1103
1 the United States, but may hamper nation-
2 wide adoption or coordination of electric ve-
3 hicles;
4 (B) examples of successful public and pri-
5 vate models and demonstration projects that en-
6 courage electric vehicle adoption;
7 (C) an analysis of current efforts to over-
8 come the barriers described in subparagraph (A);
9 (D) an analysis of the estimated costs and
10 benefits of any recommendations of the working
11 group; and
12 (E) any other topics, as determined by the
13 working group.
14 (2) DEADLINES.—A report under paragraph (1)
15 shall be submitted to the Secretaries, the Committees
16 on Commerce, Science, and Transportation and Ap-
17 propriations of the Senate and the Committees on
18 Transportation and Infrastructure and Appropria-
19 tions of the House of Representatives—
20 (A) in the case of the first report, by not
21 later than 18 months after the date on which the
22 working group is established under subsection
23 (b)(1);
24 (B) in the case of the second report, by not
25 later than 2 years after the date on which the
† HR 3684 EAS
1104
1 first report is required to be submitted under
2 subparagraph (A); and
3 (C) in the case of the third report, by not
4 later than 2 years after the date on which the
5 second report is required to be submitted under
6 subparagraph (B).
7 (3) STRATEGY.—
8 (A) IN GENERAL.—Based on the reports
9 submitted by the working group under para-
10 graph (1), the Secretaries shall jointly develop,
11 maintain, and update a strategy that describes
12 the means by which the Federal Government,
13 States, units of local government, and industry
14 can—
15 (i) establish quantitative targets for
16 transportation electrification;
17 (ii) overcome the barriers described in
18 paragraph (1)(A);
19 (iii) identify areas of opportunity in
20 research and development to improve bat-
21 tery manufacturing, mineral mining, recy-
22 cling costs, material recovery, fire risks, and
23 battery performance for electric vehicles;
† HR 3684 EAS
1105
1 (iv) enhance Federal interagency co-
2 ordination to promote electric vehicle adop-
3 tion;
4 (v) prepare the workforce for the adop-
5 tion of electric vehicles, including through
6 collaboration with labor unions, educational
7 institutions, and relevant manufacturers;
8 (vi) expand electric vehicle and charg-
9 ing infrastructure;
10 (vii) expand knowledge of the benefits
11 of electric vehicles among the general public;
12 (viii) maintain the global competitive-
13 ness of the United States in the electric ve-
14 hicle and charging infrastructure markets;
15 (ix) provide clarity in regulations to
16 improve national uniformity with respect to
17 electric vehicles; and
18 (x) ensure the sustainable integration
19 of electric vehicles into the national electric
20 grid.
21 (B) NOTICE AND COMMENT.—In carrying
22 out subparagraph (A), the Secretaries shall pro-
23 vide public notice and opportunity for comment
24 on the strategy described in that subparagraph.
25 (4) INFORMATION.—
† HR 3684 EAS
1106
1 (A) IN GENERAL.—The Secretaries may
2 enter into an agreement with the Transportation
3 Research Board of the National Academies of
4 Sciences, Engineering, and Medicine to provide,
5 track, or report data, information, or research to
6 assist the working group in carrying out para-
7 graph (1).
8 (B) USE OF EXISTING INFORMATION.—In
† HR 3684 EAS
1107
1 (2) the Energy Efficient Mobility Systems pro-
2 gram; and
3 (3) the Clean Cities Coalition Network.
4 (e) TERMINATION.—The working group shall termi-
5 nate on submission of the third report required under sub-
6 section (c)(2)(C).
7 SEC. 25007. RISK AND SYSTEM RESILIENCE.
† HR 3684 EAS
1108
1 (2) GUIDANCE AND TECHNICAL ASSISTANCE.—
† HR 3684 EAS
1109
1 University Transportation Centers established under
2 section 5505 of title 49, United States Code.
3 SEC. 25008. COORDINATION ON EMERGING TRANSPOR-
4 TATION TECHNOLOGY.
† HR 3684 EAS
1110
1 ‘‘(C) the Under Secretary of Transportation
2 for Policy;
3 ‘‘(D) the Assistant Secretary for Research
4 and Technology of the Department of Transpor-
5 tation;
6 ‘‘(E) the Assistant Secretary for Budget and
7 Programs of the Department of Transportation;
8 ‘‘(F) the General Counsel of the Department
9 of Transportation;
10 ‘‘(G) the Chief Information Officer of the
11 Department of Transportation;
12 ‘‘(H) the Administrator of the Federal Avia-
13 tion Administration;
14 ‘‘(I) the Administrator of the Federal High-
15 way Administration;
16 ‘‘(J) the Administrator of the Federal Motor
17 Carrier Safety Administration;
18 ‘‘(K) the Administrator of the Federal Rail-
19 road Administration;
20 ‘‘(L) the Administrator of the Federal Tran-
21 sit Administration;
22 ‘‘(M) the Administrator of the Maritime Ad-
23 ministration;
24 ‘‘(N) the Administrator of the National
25 Highway Traffic Safety Administration;
† HR 3684 EAS
1111
1 ‘‘(O) the Administrator of the Pipeline and
2 Hazardous Materials Safety Administration;
3 and
4 ‘‘(P) any other official of the Department of
5 Transportation, as determined by the Secretary.
6 ‘‘(2) CHAIR AND VICE CHAIR.—
† HR 3684 EAS
1112
1 ‘‘(2) coordinate the response of the Department of
2 Transportation to nontraditional and emerging
3 transportation technology projects;
4 ‘‘(3) engage with stakeholders in nontraditional
5 and emerging transportation technology projects; and
6 ‘‘(4) develop and establish Department of Trans-
7 portation-wide processes, solutions, and best practices
8 for identifying and managing nontraditional and
9 emerging transportation technology projects.
10 ‘‘(d) BEST PRACTICES.—Not later than 1 year after
11 the date of enactment of this section, the Council shall—
12 ‘‘(1) publish initial guidelines to achieve the
13 purposes described in subsection (c)(4); and
14 ‘‘(2) promote each modal administration within
15 the Department of Transportation to further test and
16 support the advancement of nontraditional and
17 emerging transportation technologies not specifically
18 considered by the Council.
19 ‘‘(e) SUPPORT.—The Office of the Secretary shall pro-
20 vide support for the Council.
21 ‘‘(f) MEETINGS.—The Council shall meet not less fre-
22 quently than 4 times per year, at the call of the Chair.
23 ‘‘(g) LEAD MODAL ADMINISTRATION.—For each non-
24 traditional or emerging transportation technology, mode, or
25 project associated with a jurisdictional or regulatory gap
† HR 3684 EAS
1113
1 or inconsistency identified under subsection (c)(1), the
2 Chair of the Council shall—
3 ‘‘(1) designate a lead modal administration of
4 the Department of Transportation for review of the
5 technology, mode, or project; and
6 ‘‘(2) arrange for the detailing of staff between
7 modal administrations or offices of the Department of
8 Transportation as needed to maximize the sharing of
9 experience and expertise.
10 ‘‘(h) TRANSPARENCY.—Not later than 1 year after the
11 date of establishment of the Council, and not less frequently
12 than annually thereafter until December 31, 2026, the
13 Council shall post on a publicly accessible website a report
14 describing the activities of the Council during the preceding
15 calendar year.’’.
16 (b) CLERICAL AMENDMENT.—The analysis for sub-
17 chapter I of chapter 3 of title 49, United States Code, is
18 amended by adding at the end the following:
‘‘313. Nontraditional and Emerging Transportation Technology Council.’’.
20 IMPROVEMENT CENTER.
† HR 3684 EAS
1115
1 relating to the permitting and environmental re-
2 view of major transportation infrastructure
3 projects, including—
4 ‘‘(i) developing and deploying informa-
5 tion technology tools to track project sched-
6 ules and metrics; and
7 ‘‘(ii) improving the transparency and
8 accountability of the permitting process;
9 ‘‘(B)(i) to identify appropriate methods to
10 assess environmental impacts; and
11 ‘‘(ii) to develop innovative methods for
12 reasonable mitigation;
13 ‘‘(C) to reduce uncertainty and delays with
14 respect to environmental reviews and permitting;
15 and
16 ‘‘(D) to reduce costs and risks to taxpayers
17 in project delivery.
18 ‘‘(4) EXECUTIVE DIRECTOR.—The Center shall be
19 headed by an Executive Director, who shall—
20 ‘‘(A) report to the Under Secretary of
21 Transportation for Policy;
22 ‘‘(B) be responsible for the management and
23 oversight of the daily activities, decisions, oper-
24 ations, and personnel of the Center; and
† HR 3684 EAS
1116
1 ‘‘(C) carry out such additional duties as the
2 Secretary may prescribe.
3 ‘‘(5) DUTIES.—The Center shall carry out the
4 following duties:
5 ‘‘(A) Coordinate and support implementa-
6 tion of priority reform actions for Federal agen-
7 cy permitting and reviews.
8 ‘‘(B) Support modernization efforts at the
9 operating administrations within the Depart-
10 ment and interagency pilot programs relating to
11 innovative approaches to the permitting and re-
12 view of transportation infrastructure projects.
13 ‘‘(C) Provide technical assistance and train-
14 ing to Department staff on policy changes, inno-
15 vative approaches to project delivery, and other
16 topics, as appropriate.
17 ‘‘(D) Identify, develop, and track metrics
18 for timeliness of permit reviews, permit deci-
19 sions, and project outcomes.
20 ‘‘(E) Administer and expand the use of on-
21 line transparency tools providing for—
22 ‘‘(i) tracking and reporting of metrics;
23 ‘‘(ii) development and posting of sched-
24 ules for permit reviews and permit deci-
25 sions;
† HR 3684 EAS
1117
1 ‘‘(iii) the sharing of best practices re-
2 lating to efficient project permitting and re-
3 views; and
4 ‘‘(iv) the visual display of relevant
5 geospatial data to support the permitting
6 process.
7 ‘‘(F) Submit to the Secretary reports de-
8 scribing progress made toward achieving—
9 ‘‘(i) greater efficiency in permitting
10 decisions and review of infrastructure
11 projects; and
12 ‘‘(ii) better outcomes for communities
13 and the environment.
14 ‘‘(6) INNOVATIVE BEST PRACTICES.—
† HR 3684 EAS
1118
1 ‘‘(i) carrying out activities that are
2 appropriate and consistent with the goals
3 and policies of the Department to improve
4 the delivery timelines for projects;
5 ‘‘(ii) serving as the Department liaison
6 to—
7 ‘‘(I) the Council on Environ-
8 mental Quality; and
9 ‘‘(II) the Federal Permitting Im-
10 provement Steering Council established
11 by section 41002(a) of the Fixing
12 America’s Surface Transportation Act
13 (42 U.S.C. 4370m–1(a));
14 ‘‘(iii) supporting the National Surface
15 Transportation and Innovative Finance
16 Bureau (referred to in this paragraph as
17 the ‘Bureau’) in implementing activities to
18 improve delivery timelines, as described in
19 section 116(f), for projects carried out under
20 the programs described in section 116(d)(1)
21 for which the Bureau administers the appli-
22 cation process;
23 ‘‘(iv) leading activities to improve de-
24 livery timelines for projects carried out
† HR 3684 EAS
1119
1 under programs not administered by the
2 Bureau by—
3 ‘‘(I) coordinating efforts to im-
4 prove the efficiency and effectiveness of
5 the environmental review and permit-
6 ting process;
7 ‘‘(II) providing technical assist-
8 ance and training to field and head-
9 quarters staff of Federal agencies with
10 respect to policy changes and innova-
11 tive approaches to the delivery of
12 projects; and
13 ‘‘(III) identifying, developing, and
14 tracking metrics for permit reviews
15 and decisions by Federal agencies for
16 projects under the National Environ-
17 mental Policy Act of 1969 (42 U.S.C.
18 4321 et seq.).
19 ‘‘(C) NEPA COMPLIANCE ASSISTANCE.—
† HR 3684 EAS
1120
1 ance with the applicable requirements of the
2 National Environmental Policy Act of 1969
3 (42 U.S.C. 4321 et seq.) and applicable
4 Federal authorizations.
5 ‘‘(ii) ASSISTANCE FROM THE BU-
† HR 3684 EAS
1121
1 (2) INDIAN TRIBE.—The term ‘‘Indian Tribe’’
2 has the meaning given the term in section 4 of the In-
3 dian Self-Determination and Education Assistance
4 Act (25 U.S.C. 5304).
5 (3) ROUTES COUNCIL.—The term ‘‘ROUTES
6 Council’’ means the Rural Opportunities to Use
7 Transportation for Economic Success Council estab-
8 lished by subsection (c)(1).
9 (4) ROUTES OFFICE.—The term ‘‘ROUTES Of-
10 fice’’ means the Rural Opportunities to Use Trans-
11 portation for Economic Success Office established by
12 subsection (b)(1).
13 (b) ROUTES OFFICE.—
14 (1) IN GENERAL.—The Secretary shall establish
15 within the Department the Rural Opportunities to
16 Use Transportation for Economic Success Office—
17 (A) to improve analysis of projects from
18 rural areas, Indian Tribes, and historically dis-
19 advantaged communities in rural areas applying
20 for Department discretionary grants, including
21 ensuring that project costs, local resources, and
22 the larger benefits to the people and the economy
23 of the United States are appropriately consid-
24 ered; and
† HR 3684 EAS
1122
1 (B) to provide rural communities, Indian
2 Tribes, and historically disadvantaged commu-
3 nities in rural areas with technical assistance for
4 meeting the transportation infrastructure invest-
5 ment needs of the United States in a financially
6 sustainable manner.
7 (2) OBJECTIVES.—The ROUTES Office shall—
8 (A) collect input from knowledgeable entities
9 and the public on—
10 (i) the benefits of rural and Tribal
11 transportation projects;
12 (ii) the technical and financial assist-
13 ance required for constructing and oper-
14 ating transportation infrastructure and
15 services within rural areas and on the land
16 of Indian Tribes;
17 (iii) barriers and opportunities to
18 funding transportation projects in rural
19 areas and on the land of Indian Tribes; and
20 (iv) unique transportation barriers
21 and challenges faced by Indian Tribes and
22 historically disadvantaged communities in
23 rural areas;
24 (B) evaluate data on transportation chal-
25 lenges faced by rural communities and Indian
† HR 3684 EAS
1123
1 Tribes and determine methods to align the dis-
2 cretionary funding and financing opportunities
3 of the Department with the needs of those com-
4 munities for meeting national transportation
5 goals;
6 (C) provide education and technical assist-
7 ance to rural communities and Indian Tribes
8 about applicable Department discretionary
9 grants, develop effective methods to evaluate
10 projects in those communities in discretionary
11 grant programs, and communicate those methods
12 through program guidance;
13 (D) carry out research and utilize innova-
14 tive approaches to resolve the transportation
15 challenges faced by rural areas and Indian
16 Tribes; and
17 (E) perform such other duties as determined
18 by the Secretary.
19 (c) ROUTES COUNCIL.—
20 (1) IN GENERAL.—The Secretary shall establish
21 a Rural Opportunities to Use Transportation for
22 Economic Success Council—
23 (A) to organize, guide, and lead the
24 ROUTES Office; and
† HR 3684 EAS
1124
1 (B) to coordinate rural-related and Tribal-
2 related funding programs and assistance among
3 the modal administrations of the Department,
4 the offices of the Department, and other Federal
5 agencies, as appropriate—
6 (i) to ensure that the unique transpor-
7 tation needs and attributes of rural areas
8 and Indian Tribes are fully addressed dur-
9 ing the development and implementation of
10 programs, policies, and activities of the De-
11 partment;
12 (ii) to increase coordination of pro-
13 grams, policies, and activities of the De-
14 partment in a manner that improves and
15 expands transportation infrastructure in
16 order to further economic development in,
17 and the quality of life of, rural areas and
18 Indian Tribes; and
19 (iii) to provide rural areas and Indian
20 Tribes with proactive outreach—
21 (I) to improve access to discre-
22 tionary funding and financing pro-
23 grams; and
† HR 3684 EAS
1125
1 (II) to facilitate timely resolution
2 of environmental reviews for complex
3 or high-priority projects.
4 (2) MEMBERSHIP.—
5 (A) IN GENERAL.—The ROUTES Council
6 shall be composed of the following officers of the
7 Department, or their designees:
8 (i) The Deputy Secretary of Transpor-
9 tation.
10 (ii) The Under Secretary of Transpor-
11 tation for Policy.
12 (iii) The General Counsel.
13 (iv) The Chief Financial Officer and
14 Assistant Secretary for Budget and Pro-
15 grams.
16 (v) The Assistant Secretary for Re-
17 search and Technology.
18 (vi) The Assistant Secretary for
19 Multimodal Freight.
20 (vii) The Administrators of—
21 (I) the Federal Aviation Adminis-
22 tration;
23 (II) the Federal Highway Admin-
24 istration;
† HR 3684 EAS
1126
1 (III) the Federal Railroad Ad-
2 ministration; and
3 (IV) the Federal Transit Adminis-
4 tration.
5 (viii) The Executive Director of the
6 Build America Bureau.
7 (ix) The Assistant Secretary for Gov-
8 ernmental Affairs.
9 (x) The Assistant Secretary for Trans-
10 portation Policy.
11 (xi) The Deputy Assistant Secretary
12 for Tribal Government Affairs.
13 (B) CHAIR.—The Deputy Secretary of
14 Transportation shall be the Chair of the
15 ROUTES Council.
16 (C) ADDITIONAL MEMBERS.—The Secretary
17 or the Chair of the ROUTES Council may des-
18 ignate additional members to serve on the
19 ROUTES Council.
20 (3) ADDITIONAL MODAL INPUT.—To address
21 issues related to safety and transport of commodities
22 produced in or by, or transported through, as appli-
23 cable, rural areas, Indian Tribes, or the land of In-
24 dian Tribes, the ROUTES Council shall consult with
25 the Administrators (or their designees) of—
† HR 3684 EAS
1127
1 (A) the Maritime Administration;
2 (B) the Great Lakes St. Lawrence Seaway
3 Development Corporation; and
4 (C) the National Highway Traffic Safety
5 Administration.
6 (4) DUTIES.—Members of the ROUTES Council
7 shall—
8 (A) participate in all meetings and relevant
9 ROUTES Council activities and be prepared to
10 share information relevant to rural and Tribal
11 transportation infrastructure projects and issues;
12 (B) provide guidance and leadership on
13 rural and Tribal transportation infrastructure
14 issues and represent the work of the ROUTES
15 Council and the Department on those issues to
16 external stakeholders; and
17 (C) recommend initiatives for the consider-
18 ation of the Chair of the ROUTES Council to es-
19 tablish and staff any resulting activities or
20 working groups.
21 (5) MEETINGS.—The ROUTES Council shall
22 meet bimonthly.
23 (6) ADDITIONAL STAFFING.—The Secretary shall
24 ensure that the ROUTES Council and ROUTES Of-
25 fice have adequate staff support to carry out the du-
† HR 3684 EAS
1128
1 ties of the ROUTES Council and the ROUTES Of-
2 fice, respectively, under this section.
3 (7) WORK PRODUCTS AND DELIVERABLES.—The
† HR 3684 EAS
1129
1 (7) a multi-State or multijurisdictional group.
2 (b) SAFETY DATA INITIATIVE.—
3 (1) ESTABLISHMENT.—The Secretary shall estab-
4 lish an initiative, to be known as the ‘‘Safety Data
5 Initiative’’, to promote the use of data integration,
6 data visualization, and advanced analytics for sur-
7 face transportation safety through the development of
8 innovative practices and products for use by Federal,
9 State, and local entities.
10 (2) ACTIVITIES.—
11 (A) APPLIED RESEARCH.—
† HR 3684 EAS
1130
1 (III) enter into partnerships
2 with—
3 (aa) eligible entities;
4 (bb) private sector entities;
5 and
6 (cc) National Laboratories;
7 and
8 (IV) use any other tools, strate-
9 gies, or methods that will result in the
10 effective use of data and information
11 for safety purposes.
12 (B) TOOLS AND PRACTICES.—In carrying
13 out subparagraph (A), the Secretary, to the max-
14 imum extent practicable, shall—
15 (i) develop safety analysis tools for
16 State and local governments, with a par-
17 ticular focus on State and local govern-
18 ments with limited capacity to perform
19 safety analysis;
20 (ii)(I) identify innovative State and
21 local government practices;
22 (II) incubate those practices for further
23 development; and
24 (III) replicate those practices nation-
25 wide; and
† HR 3684 EAS
1131
1 (iii) transfer to State and local govern-
2 ments the results of the applied research
3 carried out under that subparagraph.
4 (C) DATA SHARING.—
† HR 3684 EAS
1132
1 (iii) MANAGEMENT OF DATA ECO-
† HR 3684 EAS
1133
1 (vi) the Administrator of the Federal
2 Transit Administration; and
3 (vii) the Administrator of the Federal
4 Railroad Administration.
5 (B) REQUIREMENT.—The plan established
6 under subparagraph (A) shall include details re-
7 garding the means by which tools and innova-
8 tions developed by projects carried out under the
9 Safety Data Initiative will be transferred to the
10 appropriate program of the Department for fur-
11 ther implementation.
12 (C) DEADLINE.—Not later than 1 year after
13 the date of enactment of this Act, the Secretary
14 shall direct the officials described in clauses (i)
15 through (vii) of subparagraph (A) to establish,
16 by a date determined by the Secretary, the plan
17 referred to in that subparagraph.
18 (4) TERMINATION.—The Safety Data Initiative
19 shall terminate on the later of—
20 (A) the date that is 1 year after the date of
21 enactment of this Act; and
22 (B) the date on which the Secretary makes
23 the direction to officials described in paragraph
24 (3)(C).
† HR 3684 EAS
1134
1 SEC. 25012. ADVANCED TRANSPORTATION RESEARCH.
† HR 3684 EAS
1136
1 ‘‘(1) to overcome long-term challenges; and
2 ‘‘(2) to advance the state of the art for United
3 States transportation infrastructure.
4 ‘‘(c) GOALS.—
5 ‘‘(1) IN GENERAL.—The goals of ARPA–I shall
6 be—
7 ‘‘(A) to advance the transportation infra-
8 structure of the United States by developing in-
9 novative science and technology solutions that—
10 ‘‘(i) lower the long-term costs of infra-
11 structure development, including costs of
12 planning, construction, and maintenance;
13 ‘‘(ii) reduce the lifecycle impacts of
14 transportation infrastructure on the envi-
15 ronment, including through the reduction of
16 greenhouse gas emissions;
17 ‘‘(iii) contribute significantly to im-
18 proving the safe, secure, and efficient move-
19 ment of goods and people; and
20 ‘‘(iv) promote the resilience of infra-
21 structure from physical and cyber threats;
22 and
23 ‘‘(B) to ensure that the United States is a
24 global leader in developing and deploying ad-
† HR 3684 EAS
1137
1 vanced transportation infrastructure technologies
2 and materials.
3 ‘‘(2) RESEARCH PROJECTS.—ARPA–I shall
4 achieve the goals described in paragraph (1) by pro-
5 viding assistance under this section for infrastructure
6 research projects that—
7 ‘‘(A) advance novel, early-stage research
8 with practicable application to transportation
9 infrastructure;
10 ‘‘(B) translate techniques, processes, and
11 technologies, from the conceptual phase to proto-
12 type, testing, or demonstration;
13 ‘‘(C) develop advanced manufacturing proc-
14 esses and technologies for the domestic manufac-
15 turing of novel transportation-related tech-
16 nologies; and
17 ‘‘(D) accelerate transformational techno-
18 logical advances in areas in which industry enti-
19 ties are unlikely to carry out projects due to
20 technical and financial uncertainty.
21 ‘‘(d) DIRECTOR.—
22 ‘‘(1) APPOINTMENT.—ARPA–I shall be headed
23 by a Director, who shall be appointed by the Presi-
24 dent, by and with the advice and consent of the Sen-
25 ate.
† HR 3684 EAS
1138
1 ‘‘(2) QUALIFICATIONS.—The Director shall be an
2 individual who, by reason of professional background
3 and experience, is especially qualified to advise the
4 Secretary regarding, and manage research programs
5 addressing, matters relating to the development of
6 science and technology solutions to advance United
7 States transportation infrastructure.
8 ‘‘(3) RELATIONSHIP TO SECRETARY.—The Direc-
9 tor shall—
10 ‘‘(A) be located within the Office of the As-
11 sistant Secretary for Research and Technology;
12 and
13 ‘‘(B) report to the Secretary.
14 ‘‘(4) RELATIONSHIP TO OTHER PROGRAMS.—No
† HR 3684 EAS
1139
1 ‘‘(C) administering available funding by
2 providing to eligible entities assistance to achieve
3 the goals described in subsection (c)(1);
4 ‘‘(D) terminating programs carried out
5 under this section that are not achieving the
6 goals of the programs; and
7 ‘‘(E) establishing a process through which
8 eligible entities can submit to ARPA–I unsolic-
9 ited research proposals for assistance under this
10 section in accordance with subsection (f).
11 ‘‘(e) PERSONNEL.—
12 ‘‘(1) IN GENERAL.—The Director shall establish
13 and maintain within ARPA–I a staff with sufficient
14 qualifications and expertise to enable ARPA–I to
15 carry out the responsibilities under this section, in
16 conjunction with other operations of the Department.
17 ‘‘(2) PROGRAM DIRECTORS.—
† HR 3684 EAS
1140
1 cluding by convening workshops and confer-
2 ring with outside experts;
3 ‘‘(ii) publicizing the goals of the appli-
4 cable program;
5 ‘‘(iii) soliciting applications for spe-
6 cific areas of particular promise, especially
7 in areas that the private sector or the Fed-
8 eral Government are not likely to carry out
9 absent assistance from ARPA–I;
10 ‘‘(iv) establishing research collabora-
11 tions for carrying out the applicable pro-
12 gram;
13 ‘‘(v) selecting on the basis of merit each
14 project to be supported under the applicable
15 program, taking into consideration—
16 ‘‘(I) the novelty and scientific and
17 technical merit of proposed projects;
18 ‘‘(II) the demonstrated capabili-
19 ties of eligible entities to successfully
20 carry out proposed projects;
21 ‘‘(III) the extent to which an eli-
22 gible entity took into consideration fu-
23 ture commercial applications of a pro-
24 posed project, including the feasibility
† HR 3684 EAS
1141
1 of partnering with 1 or more commer-
2 cial entities; and
3 ‘‘(IV) such other criteria as the
4 Director may establish;
5 ‘‘(vi) identifying innovative cost-shar-
6 ing arrangements for projects carried out or
7 funded by ARPA–I;
8 ‘‘(vii) monitoring the progress of
9 projects supported under the applicable pro-
10 gram;
11 ‘‘(viii) identifying mechanisms for
12 commercial application of successful tech-
13 nology development projects, including
14 through establishment of partnerships be-
15 tween eligible entities and commercial enti-
16 ties; and
17 ‘‘(ix) as applicable, recommending—
18 ‘‘(I) program restructuring; or
19 ‘‘(II) termination of applicable re-
20 search partnerships or projects.
21 ‘‘(C) TERM OF SERVICE.—A program direc-
22 tor—
23 ‘‘(i) shall serve for a term of 3 years;
24 and
† HR 3684 EAS
1142
1 ‘‘(ii) may be reappointed for any sub-
2 sequent term of service.
3 ‘‘(3) HIRING AND MANAGEMENT.—
† HR 3684 EAS
1143
1 ‘‘(B) PRIVATE RECRUITING FIRMS.—The
† HR 3684 EAS
1144
1 ‘‘(A) shall review each unsolicited research
2 proposal submitted under paragraph (1), taking
3 into consideration—
4 ‘‘(i) the novelty and scientific and
5 technical merit of the research proposal;
6 ‘‘(ii) the demonstrated capabilities of
7 the applicant to successfully carry out the
8 research proposal;
9 ‘‘(iii) the extent to which the applicant
10 took into consideration future commercial
11 applications of the proposed research
12 project, including the feasibility of
13 partnering with 1 or more commercial enti-
14 ties; and
15 ‘‘(iv) such other criteria as the Director
16 may establish;
17 ‘‘(B) may approve a research proposal if the
18 Director determines that the research—
19 ‘‘(i) is in accordance with—
20 ‘‘(I) the goals described in sub-
21 section (c)(1); or
22 ‘‘(II) an applicable transportation
23 research and development strategic
24 plan developed under section 6503; and
† HR 3684 EAS
1145
1 ‘‘(ii) would not duplicate any other
2 Federal research being conducted or funded
3 by another Federal agency; and
4 ‘‘(C)(i) if funding is denied for the research
5 proposal, shall provide to the eligible entity that
6 submitted the proposal a written notice of the de-
7 nial that, as applicable—
8 ‘‘(I) explains why the research pro-
9 posal was not selected, including whether
10 the research proposal fails to cover an area
11 of need; and
12 ‘‘(II) recommends that the research
13 proposal be submitted to another research
14 program; or
15 ‘‘(ii) if the research proposal is approved for
16 funding, shall provide to the eligible entity that
17 submitted the proposal—
18 ‘‘(I) a written notice of the approval;
19 and
20 ‘‘(II) assistance in accordance with
21 subsection (g) for the proposed research.
22 ‘‘(g) FORMS OF ASSISTANCE.—On approval of a re-
23 search proposal of an eligible entity, the Director may pro-
24 vide to the eligible entity assistance in the form of—
25 ‘‘(1) a grant;
† HR 3684 EAS
1146
1 ‘‘(2) a contract;
2 ‘‘(3) a cooperative agreement;
3 ‘‘(4) a cash prize; or
4 ‘‘(5) another, similar form of funding.
5 ‘‘(h) REPORTS AND ROADMAPS.—
6 ‘‘(1) ANNUAL REPORTS.—For each fiscal year,
7 the Director shall provide to the Secretary, for inclu-
8 sion in the budget request submitted by the Secretary
9 to the President under section 1108 of title 31 for the
10 fiscal year, a report that, with respect to the pre-
11 ceding fiscal year, describes—
12 ‘‘(A) the projects that received assistance
13 from ARPA–I, including—
14 ‘‘(i) each such project that was funded
15 as a result of an unsolicited research pro-
16 posal; and
17 ‘‘(ii) each such project that examines
18 topics or technologies closely related to other
19 activities funded by the Department, includ-
20 ing an analysis of whether the Director
21 achieved compliance with subsection (i)(1)
22 in supporting the project; and
23 ‘‘(B) the instances of, and reasons for, the
24 provision of assistance under this section for any
25 projects being carried out by industry entities.
† HR 3684 EAS
1147
1 ‘‘(2) STRATEGIC VISION ROADMAP.—Not later
2 than October 1, 2022, and not less frequently than
3 once every 4 years thereafter, the Director shall sub-
4 mit to the relevant authorizing and appropriations
5 committees of Congress a roadmap describing the
6 strategic vision that ARPA–I will use to guide the se-
7 lection of future projects for technology investment
8 during the 4 fiscal-year period beginning on the date
9 of submission of the report.
10 ‘‘(i) COORDINATION AND NONDUPLICATION.—The Di-
11 rector shall ensure that—
12 ‘‘(1) the activities of ARPA–I are coordinated
13 with, and do not duplicate the efforts of, programs
14 and laboratories within—
15 ‘‘(A) the Department; and
16 ‘‘(B) other relevant research agencies; and
17 ‘‘(2) no funding is provided by ARPA–I for a
18 project, unless the eligible entity proposing the
19 project—
20 ‘‘(A) demonstrates sufficient attempts to se-
21 cure private financing; or
22 ‘‘(B) indicates that the project is not inde-
23 pendently commercially viable.
24 ‘‘(j) FEDERAL DEMONSTRATION OF TECHNOLOGIES.—
25 The Director shall seek opportunities to partner with pur-
† HR 3684 EAS
1148
1 chasing and procurement programs of Federal agencies to
2 demonstrate technologies resulting from activities funded
3 through ARPA–I.
4 ‘‘(k) PARTNERSHIPS.—The Director shall seek oppor-
5 tunities to enter into contracts or partnerships with minor-
6 ity-serving institutions (as described in any of paragraphs
7 (1) through (7) of section 371(a) of the Higher Education
8 Act of 1965 (20 U.S.C. 1067q(a)))—
9 ‘‘(1) to accomplish the goals of ARPA–I;
10 ‘‘(2) to develop institutional capacity in ad-
11 vanced transportation infrastructure technologies and
12 materials;
13 ‘‘(3) to engage underserved populations in devel-
14 oping, demonstrating, and deploying those tech-
15 nologies and materials; and
16 ‘‘(4) to otherwise address the needs of ARPA–I.
17 ‘‘(l) UNIVERSITY TRANSPORTATION CENTERS.—The
18 Director may—
19 ‘‘(1) partner with university transportation cen-
20 ters under section 5505 to accomplish the goals, and
21 address the needs, of ARPA–I; and
22 ‘‘(2) sponsor and select for funding, in accord-
23 ance with section 5505, competitively selected univer-
24 sity transportation center grants, in addition to the
† HR 3684 EAS
1149
1 assistance provided under section 5505, to address
2 targeted technology and material goals of ARPA–I.
3 ‘‘(m) ADVICE.—
4 ‘‘(1) ADVISORY COMMITTEES.—The Director may
5 seek advice regarding any aspect of ARPA–I from—
6 ‘‘(A) an existing advisory committee, office,
7 or other group within the Department; and
8 ‘‘(B) a new advisory committee organized to
9 support the programs of ARPA–I by providing
10 advice and assistance regarding—
11 ‘‘(i) specific program tasks; or
12 ‘‘(ii) the overall direction of ARPA–I.
13 ‘‘(2) ADDITIONAL SOURCES.—In carrying out
14 this section, the Director may seek advice and review
15 from—
16 ‘‘(A) the President’s Council of Advisors on
17 Science and Technology;
18 ‘‘(B) the Advanced Research Projects Agen-
19 cy–Energy; and
20 ‘‘(C) any professional or scientific organiza-
21 tion with expertise relating to specific processes
22 or technologies under development by ARPA–I.
23 ‘‘(n) EVALUATION.—
24 ‘‘(1) IN GENERAL.—Not later than December 27,
25 2024, the Secretary may enter into an arrangement
† HR 3684 EAS
1150
1 with the National Academy of Sciences under which
2 the National Academy shall conduct an evaluation of
3 the achievement by ARPA–I of the goals described in
4 subsection (c)(1).
5 ‘‘(2) INCLUSIONS.—The evaluation under para-
6 graph (1) may include—
7 ‘‘(A) a recommendation regarding whether
8 ARPA–I should be continued;
9 ‘‘(B) a recommendation regarding whether
10 ARPA–I, or the Department generally, should
11 continue to allow entities to submit unsolicited
12 research proposals; and
13 ‘‘(C) a description of—
14 ‘‘(i) the lessons learned from the oper-
15 ation of ARPA–I; and
16 ‘‘(ii) the manner in which those lessons
17 may apply to the operation of other pro-
18 grams of the Department.
19 ‘‘(3) AVAILABILITY.—On completion of the eval-
20 uation under paragraph (1), the evaluation shall be
21 made available to—
22 ‘‘(A) Congress; and
23 ‘‘(B) the public.
24 ‘‘(o) PROTECTION OF INFORMATION.—
† HR 3684 EAS
1151
1 ‘‘(1) IN GENERAL.—Each type of information de-
2 scribed in paragraph (2) that is collected by ARPA–
3 I from eligible entities shall be considered to be—
4 ‘‘(A) commercial and financial information
5 obtained from a person;
6 ‘‘(B) privileged or confidential; and
7 ‘‘(C) not subject to disclosure under section
8 552(b)(4) of title 5.
9 ‘‘(2) DESCRIPTION OF TYPES OF INFORMATION.—
† HR 3684 EAS
1152
1 ‘‘(i) plans to invest, or has invested, in
2 the technology developed using assistance
3 provided under this section; or
4 ‘‘(ii) is seeking from a third party;
5 and
6 ‘‘(D) information relating to revenue from
7 the licensing or sale of a new product or service
8 resulting from research conducted using assist-
9 ance provided under this section.
10 ‘‘(p) EFFECT ON EXISTING AUTHORITIES.—The au-
11 thority provided by this section—
12 ‘‘(1) shall be in addition to any existing author-
13 ity provided to the Secretary; and
14 ‘‘(2) shall not supersede or modify any other ex-
15 isting authority.
16 ‘‘(q) FUNDING.—
17 ‘‘(1) AUTHORIZATION OF APPROPRIATIONS.—
† HR 3684 EAS
1153
1 ‘‘(B) APPROPRIATIONS.—The funding ap-
2 propriated for ARPA–I shall be separate and
3 distinct from the funding appropriated for the
4 remainder of the Department.
5 ‘‘(3) ALLOCATION.—Of the amounts made avail-
6 able for a fiscal year under paragraph (1)—
7 ‘‘(A) not less than 5 percent shall be used
8 for technology transfer and outreach activities—
9 ‘‘(i) in accordance with the goal de-
10 scribed in subsection (c)(2)(D); and
11 ‘‘(ii) within the responsibilities of the
12 program directors described in subsection
13 (e)(2)(B)(viii); and
14 ‘‘(B) none may be used for the construction
15 of any new building or facility during the 5-year
16 period beginning on the date of enactment of the
17 Surface Transportation Investment Act of
18 2021.’’.
19 (b) CLERICAL AMENDMENT.—The analysis for chapter
20 1 of title 49, United States Code (as amended by section
21 21101(c)), is amended by adding at the end the following:
‘‘119. Advanced Research Projects Agency–Infrastructure.’’.
† HR 3684 EAS
1155
1 ‘‘(c) ELIGIBLE RESEARCH.—The Secretary may enter
2 into an arrangement with an eligible entity under this sec-
3 tion to fund research that—
4 ‘‘(1) addresses—
5 ‘‘(A) a research need identified by—
6 ‘‘(i) the Secretary; or
7 ‘‘(ii) the Administrator of a modal ad-
8 ministration of the Department of Trans-
9 portation; or
10 ‘‘(B) an issue that the Secretary determines
11 to be important; and
12 ‘‘(2) is not duplicative of—
13 ‘‘(A) any other Federal research project; or
14 ‘‘(B) any project for which funding is pro-
15 vided by another Federal agency.
16 ‘‘(d) PROJECT REVIEW.—The Secretary shall—
17 ‘‘(1) review each research proposal submitted
18 under the pilot program established under subsection
19 (b); and
20 ‘‘(2)(A) if funding is denied for the research pro-
21 posal—
22 ‘‘(i) provide to the eligible entity that sub-
23 mitted the proposal a written notice of the denial
24 that, as applicable—
† HR 3684 EAS
1156
1 ‘‘(I) explains why the research pro-
2 posal was not selected, including whether
3 the research proposal fails to cover an area
4 of need; and
5 ‘‘(II) recommends that the research
6 proposal be submitted to another research
7 program; and
8 ‘‘(ii) if the Secretary recommends that the
9 research proposal be submitted to another re-
10 search program under clause (i)(II), provide
11 guidance and direction to—
12 ‘‘(I) the eligible entity; and
13 ‘‘(II) the proposed research program of-
14 fice; or
15 ‘‘(B) if the research proposal is selected for
16 funding—
17 ‘‘(i) provide to the eligible entity that
18 submitted the proposal a written notice of
19 the selection; and
20 ‘‘(ii) seek to enter into an arrangement
21 with the eligible entity to provide funding
22 for the proposed research.
23 ‘‘(e) COORDINATION.—
24 ‘‘(1) IN GENERAL.—The Secretary shall ensure
25 that the activities carried out under subsection (c) are
† HR 3684 EAS
1157
1 coordinated with, and do not duplicate the efforts of,
2 programs of the Department of Transportation and
3 other Federal agencies.
4 ‘‘(2) INTRAAGENCY COORDINATION.—The Sec-
5 retary shall coordinate the research carried out under
6 this section with—
7 ‘‘(A) the research, education, and technology
8 transfer activities carried out by grant recipients
9 under section 5505; and
10 ‘‘(B) the research, development, demonstra-
11 tion, and commercial application activities of
12 other relevant programs of the Department of
13 Transportation, including all modal administra-
14 tions of the Department.
15 ‘‘(3) INTERAGENCY COLLABORATION.—The Sec-
16 retary shall coordinate, as appropriate, regarding
17 fundamental research with the potential for applica-
18 tion in the transportation sector with—
19 ‘‘(A) the Director of the Office of Science
20 and Technology Policy;
21 ‘‘(B) the Director of the National Science
22 Foundation;
23 ‘‘(C) the Secretary of Energy;
24 ‘‘(D) the Director of the National Institute
25 of Standards and Technology;
† HR 3684 EAS
1158
1 ‘‘(E) the Secretary of Homeland Security;
2 ‘‘(F) the Administrator of the National Oce-
3 anic and Atmospheric Administration;
4 ‘‘(G) the Secretary of Defense; and
5 ‘‘(H) the heads of other appropriate Federal
6 agencies, as determined by the Secretary.
7 ‘‘(f) REVIEW, EVALUATION, AND REPORT.—Not less
8 frequently than biennially, in accordance with the plan de-
9 veloped under section 6503, the Secretary shall—
10 ‘‘(1) review and evaluate the pilot program es-
11 tablished under subsection (b), including the research
12 carried out under that pilot program; and
13 ‘‘(2) make public on a website of the Department
14 of Transportation a report describing the review and
15 evaluation under paragraph (1).
16 ‘‘(g) FEDERAL SHARE.—
17 ‘‘(1) IN GENERAL.—The Federal share of the cost
18 of an activity carried out under this section shall not
19 exceed 80 percent.
20 ‘‘(2) NON-FEDERAL SHARE.—All costs directly
21 incurred by the non-Federal partners (including per-
22 sonnel, travel, facility, and hardware development
23 costs) shall be credited toward the non-Federal share
24 of the cost of an activity carried out under this sec-
25 tion.
† HR 3684 EAS
1159
1 ‘‘(h) LIMITATION ON CERTAIN EXPENSES.—Of any
2 amounts made available to carry out this section for a fiscal
3 year, the Secretary may use not more than 1.5 percent for
4 coordination, evaluation, and oversight activities under this
5 section.
6 ‘‘(i) AUTHORIZATION OF APPROPRIATIONS.—There is
7 authorized to be appropriated to the Secretary to carry out
8 this section $50,000,000 for each of fiscal years 2022
9 through 2026.’’.
10 (b) CLERICAL AMENDMENT.—The analysis for sub-
11 chapter I of chapter 55 of title 49, United States Code, is
12 amended by adding at the end the following:
‘‘5506. Advanced transportation research initiative.’’.
† HR 3684 EAS
1161
1 (A) by striking paragraph (1) and inserting
2 the following:
3 ‘‘(1) IN GENERAL.—Not later than June 1 of
4 each year, the head of each modal administration and
5 joint program office of the Department of Transpor-
6 tation shall prepare and submit to the Assistant Sec-
7 retary for Research and Technology of the Depart-
8 ment of Transportation (referred to in this chapter as
9 the ‘Assistant Secretary’)—
10 ‘‘(A) a comprehensive annual modal re-
11 search plan for the following fiscal year; and
12 ‘‘(B) a detailed outlook for the fiscal year
13 thereafter.’’;
14 (B) in paragraph (2), by inserting ‘‘pre-
15 pared or’’ before ‘‘submitted’’;
16 (C) by redesignating paragraph (2) as
17 paragraph (3); and
18 (D) by inserting after paragraph (1) the fol-
19 lowing:
20 ‘‘(2) REQUIREMENTS.—Each plan under para-
21 graph (1) shall include—
22 ‘‘(A) a general description of the strategic
23 goals of the Department that are addressed by
24 the research programs being carried out by the
† HR 3684 EAS
1162
1 Assistant Secretary or modal administration, as
2 applicable;
3 ‘‘(B) a description of each proposed research
4 program, as described in the budget request sub-
5 mitted by the Secretary of Transportation to the
6 President under section 1108 of title 31 for the
7 following fiscal year, including—
8 ‘‘(i) the major objectives of the pro-
9 gram; and
10 ‘‘(ii) the requested amount of funding
11 for each program and area;
12 ‘‘(C) a list of activities the Assistant Sec-
13 retary or modal administration plans to carry
14 out under the research programs described in
15 subparagraph (B);
16 ‘‘(D) an assessment of the potential impact
17 of the research programs described in subpara-
18 graph (B), including—
19 ‘‘(i) potential outputs, outcomes, and
20 impacts on technologies and practices used
21 by entities subject to the jurisdiction of the
22 modal administration;
23 ‘‘(ii) potential effects on applicable reg-
24 ulations of the modal administration, in-
† HR 3684 EAS
1163
1 cluding the modification or modernization
2 of those regulations;
3 ‘‘(iii) potential economic or societal
4 impacts; and
5 ‘‘(iv) progress made toward achieving
6 strategic goals of—
7 ‘‘(I) the applicable modal admin-
8 istration; or
9 ‘‘(II) the Department of Trans-
10 portation;
11 ‘‘(E) a description of potential partnerships
12 to be established to conduct the research pro-
13 gram, including partnerships with—
14 ‘‘(i) institutions of higher education;
15 and
16 ‘‘(ii) private sector entities; and
17 ‘‘(F) such other requirements as the Assist-
18 ant Secretary considers to be necessary.’’;
19 (2) in subsection (b)—
20 (A) in paragraph (1)—
21 (i) in the matter preceding subpara-
22 graph (A), by inserting ‘‘by the head of a
23 modal administration or joint program of-
24 fice’’ after ‘‘submitted’’; and
† HR 3684 EAS
1164
1 (ii) in subparagraph (B), by striking
2 clause (ii) and inserting the following:
3 ‘‘(ii) request that the plan and outlook
4 be—
5 ‘‘(I) revised in accordance with
6 such suggestions as the Assistant Sec-
7 retary shall include to ensure con-
8 formity with the criteria described in
9 paragraph (2); and
10 ‘‘(II) resubmitted to the Assistant
11 Secretary for approval.’’;
12 (B) by redesignating paragraphs (2) and
13 (3) as paragraphs (3) and (4), respectively; and
14 (C) by inserting after paragraph (1) the fol-
15 lowing:
16 ‘‘(2) CRITERIA.—In conducting a review under
17 paragraph (1)(A), the Assistant Secretary shall, with
18 respect to the modal research plan that is the subject
19 of the review—
20 ‘‘(A) take into consideration whether—
21 ‘‘(i) the plan contains research objec-
22 tives that are consistent with the strategic
23 research and policy objectives of the Depart-
24 ment of Transportation included in the
† HR 3684 EAS
1165
1 strategic plan required under section 6503;
2 and
3 ‘‘(ii) the research programs described
4 in the plan have the potential to benefit the
5 safety, mobility, and efficiency of the
6 United States transportation system;
7 ‘‘(B) identify and evaluate any potential
8 opportunities for collaboration between or among
9 modal administrations with respect to particular
10 research programs described in the plan;
11 ‘‘(C) identify and evaluate whether other
12 modal administrations may be better suited to
13 carry out the research programs described in the
14 plan;
15 ‘‘(D) assess whether any projects described
16 in the plan are—
17 ‘‘(i) duplicative across modal adminis-
18 trations; or
19 ‘‘(ii) unnecessary; and
20 ‘‘(E) take into consideration such other cri-
21 teria as the Assistant Secretary determines to be
22 necessary.’’; and
23 (D) by adding at the end the following:
† HR 3684 EAS
1166
1 ‘‘(5) SAVINGS CLAUSE.—Nothing in this sub-
2 section limits the ability of the head of a modal ad-
3 ministration to comply with applicable law.’’; and
4 (3) in subsection (c), in the matter preceding
5 paragraph (1), by striking ‘‘subsection (b)(3)’’ and
6 inserting ‘‘subsection (b)(4).
7 (b) CONSOLIDATED RESEARCH DATABASE.—Section
8 6502(a) of title 49, United States Code, is amended by strik-
9 ing the subsection designation and heading and all that fol-
10 lows through subparagraph (B) of paragraph (2) and in-
11 serting the following:
12 ‘‘(a) RESEARCH ABSTRACT DATABASE.—
13 ‘‘(1) SUBMISSION.—Not later than September 1
14 of each year, the head of each modal administration
15 and joint program office of the Department of Trans-
16 portation shall submit to the Assistant Secretary, for
17 review and public posting, a description of each pro-
18 posed research project to be carried out during the fol-
19 lowing fiscal year, including—
20 ‘‘(A) proposed funding for any new projects;
21 and
22 ‘‘(B) proposed additional funding for any
23 existing projects.
24 ‘‘(2) PUBLICATION.—Not less frequently than an-
25 nually, after receiving the descriptions under para-
† HR 3684 EAS
1167
1 graph (1), the Assistant Secretary shall publish on a
2 public website a comprehensive database including a
3 description of all research projects conducted by the
4 Department of Transportation, including research
5 funded through university transportation centers
6 under section 5505.
7 ‘‘(3) CONTENTS.—The database published under
8 paragraph (2) shall—
9 ‘‘(A) be delimited by research project; and
10 ‘‘(B) include a description of, with respect
11 to each research project—
12 ‘‘(i) research objectives;
13 ‘‘(ii) the progress made with respect to
14 the project, including whether the project is
15 ongoing or complete;
16 ‘‘(iii) any outcomes of the project, in-
17 cluding potential implications for policy,
18 regulations, or guidance issued by a modal
19 administration or the Department of Trans-
20 portation;
21 ‘‘(iv) any findings of the project;
22 ‘‘(v) the amount of funds allocated for
23 the project; and
24 ‘‘(vi) such other information as the As-
25 sistant Secretary determines to be necessary
† HR 3684 EAS
1168
1 to address Departmental priorities and stat-
2 utory mandates;’’.
3 SEC. 25016. INCORPORATION OF DEPARTMENT OF TRANS-
4 PORTATION RESEARCH.
† HR 3684 EAS
1169
1 ‘‘(1) identify any innovative practices, mate-
2 rials, or technologies that have demonstrable benefits
3 to the transportation system;
4 ‘‘(2) determine whether the practices, materials,
5 or technologies described in paragraph (1) require
6 any statutory or regulatory modifications for adop-
7 tion; and
8 ‘‘(3)(A) if modifications are determined to be re-
9 quired under paragraph (2), develop—
10 ‘‘(i) a proposal for those modifications; and
11 ‘‘(ii) a description of the manner in which
12 any such regulatory modifications would be—
13 ‘‘(I) incorporated into the Unified Reg-
14 ulatory Agenda; or
15 ‘‘(II) adopted into existing regulations
16 as soon as practicable; or
17 ‘‘(B) if modifications are determined not to be
18 required under paragraph (2), develop a description
19 of the means by which the practices, materials, or
20 technologies described in paragraph (1) will otherwise
21 be incorporated into Department of Transportation or
22 modal administration policy or guidance, including
23 as part of the Technology Transfer Program of the Of-
24 fice of the Assistant Secretary for Research and Tech-
25 nology.
† HR 3684 EAS
1170
1 ‘‘(c) REPORT.—On completion of each review under
2 subsection (a), the Secretary of Transportation shall submit
3 to the appropriate committees of Congress a report describ-
4 ing, with respect to the period covered by the report—
5 ‘‘(1) each new practice, material, or technology
6 identified under subsection (b)(1); and
7 ‘‘(2) any statutory or regulatory modification for
8 the adoption of such a practice, material, or tech-
9 nology that—
10 ‘‘(A) is determined to be required under
11 subsection (b)(2); or
12 ‘‘(B) was otherwise made during that pe-
13 riod.’’.
14 (b) CLERICAL AMENDMENT.—The analysis for chapter
15 65 of title 49, United States Code, is amended by adding
16 at the end the following:
‘‘6504. Incorporation of Department of Transportation research.’’.
18 GRAM.
† HR 3684 EAS
1171
1 to in this section as the ‘Secretary’),’’ after ‘‘The
2 Secretary’’; and
3 (B) in paragraph (2)—
4 (i) in subparagraph (B), by inserting
5 ‘‘multimodal’’ after ‘‘critical’’; and
6 (ii) in subparagraph (C), by inserting
7 ‘‘with respect to the matters described in
8 subparagraphs (A) through (G) of section
9 6503(c)(1)’’ after ‘‘transportation leaders’’;
10 (2) in subsection (b)—
11 (A) in paragraph (2)(A), by striking ‘‘for
12 each of the transportation centers described
13 under paragraphs (2), (3), and (4) of subsection
14 (c)’’ and inserting ‘‘as a lead institution under
15 this section, except as provided in subparagraph
16 (B)’’;
17 (B) in paragraph (4)—
18 (i) in subparagraph (A), by striking
19 ‘‘identified in chapter 65’’ and inserting
20 ‘‘described in subparagraphs (A) through
21 (G) of section 6503(c)(1)’’; and
22 (ii) in subparagraph (B), in the mat-
23 ter preceding clause (i), by striking ‘‘the As-
24 sistant Secretary’’ and all that follows
25 through ‘‘modal administrations’’ and in-
† HR 3684 EAS
1172
1 serting ‘‘the heads of the modal administra-
2 tions of the Department of Transpor-
3 tation,’’; and
4 (C) in paragraph (5)(B), in the matter pre-
5 ceding clause (i), by striking ‘‘submit’’ and all
6 that follows through ‘‘of the Senate’’ and insert-
7 ing ‘‘make available to the public on a website
8 of the Department of Transportation’’;
9 (3) in subsection (c)(3)(E)—
10 (A) by inserting ‘‘, including the cybersecu-
11 rity implications of technologies relating to con-
12 nected vehicles, connected infrastructure, and au-
13 tonomous vehicles’’ after ‘‘autonomous vehicles’’;
14 and
15 (B) by striking ‘‘The Secretary’’ and insert-
16 ing the following:
17 ‘‘(i) IN GENERAL.—A regional univer-
18 sity transportation center receiving a grant
19 under this paragraph shall carry out re-
20 search focusing on 1 or more of the matters
21 described in subparagraphs (A) through (G)
22 of section 6503(c)(1).
23 ‘‘(ii) FOCUSED OBJECTIVES.—The Sec-
24 retary’’; and
25 (4) in subsection (d)—
† HR 3684 EAS
1173
1 (A) in paragraph (2)—
2 (i) in the paragraph heading, by strik-
3 ing ‘‘ANNUAL REVIEW’’ and inserting ‘‘RE-
4 VIEW’’;
† HR 3684 EAS
1174
1 (A) by striking ‘‘Not later than 3 years
2 after the date of enactment of this Act’’ and in-
3 serting ‘‘Not later than 180 days after the date
4 of enactment of the Surface Transportation In-
5 vestment Act of 2021’’; and
6 (B) by striking ‘‘plan that includes’’ and
7 inserting the following: ‘‘plan—
8 ‘‘(1) to develop an immediate-term and long-
9 term strategy, including policy recommendations
10 across all modes of transportation, for the Depart-
11 ment and other agencies to use infrastructure invest-
12 ments to revive the travel and tourism industry and
13 the overall travel and tourism economy in the wake
14 of the Coronavirus Disease 2019 (COVID–19) pan-
15 demic; and
16 ‘‘(2) that includes’’; and
17 (3) in paragraph (2) (as so redesignated)—
18 (A) in subparagraph (A) (as so redesig-
19 nated), by inserting ‘‘, including consideration of
20 the impacts of the COVID–19 pandemic’’ after
21 ‘‘network’’;
22 (B) in subparagraph (D) (as so redesig-
23 nated), by inserting ‘‘of regional significance’’
24 after ‘‘corridors’’;
† HR 3684 EAS
1175
1 (C) in subparagraph (F) (as so redesig-
2 nated), by striking ‘‘and’’ at the end;
3 (D) in subparagraph (G) (as so redesig-
4 nated), by striking the period at the end and in-
5 serting ‘‘; and’’; and
6 (E) by adding at the end the following:
7 ‘‘(H) an identification of possible infra-
8 structure investments that create recovery oppor-
9 tunities for small, underserved, minority, and
10 rural businesses in the travel and tourism indus-
11 try, including efforts to preserve and protect the
12 scenic, but often less-traveled, roads that promote
13 tourism and economic development throughout
14 the United States.’’.
15 (b) CHIEF TRAVEL AND TOURISM OFFICER.—Section
16 102 of title 49, United States Code, is amended by striking
17 subsection (i) (as redesignated by section 25009(a)(3)) and
18 inserting the following:
19 ‘‘(i) CHIEF TRAVEL AND TOURISM OFFICER.—
20 ‘‘(1) ESTABLISHMENT.—There is established in
21 the Office of the Secretary of Transportation a posi-
22 tion, to be known as the ‘Chief Travel and Tourism
23 Officer’.
† HR 3684 EAS
1176
1 ‘‘(2) DUTIES.—The Chief Travel and Tourism
2 Officer shall collaborate with the Assistant Secretary
3 for Aviation and International Affairs to carry out—
4 ‘‘(A) the National Travel and Tourism In-
5 frastructure Strategic Plan under section 1431(e)
6 of Public Law 114–94 (49 U.S.C. 301 note); and
7 ‘‘(B) other travel- and tourism-related mat-
8 ters involving the Department of Transpor-
9 tation.’’.
10 SEC. 25019. LOCAL HIRING PREFERENCE FOR CONSTRUC-
11 TION JOBS.
12 (a) AUTHORIZATION.—
13 (1) IN GENERAL.—A recipient or subrecipient of
14 a grant provided by the Secretary under title 23 or
15 49, United States Code, may implement a local or
16 other geographical or economic hiring preference re-
17 lating to the use of labor for construction of a project
18 funded by the grant, including prehire agreements,
19 subject to any applicable State and local laws, poli-
20 cies, and procedures.
21 (2) TREATMENT.—The use of a local or other
22 geographical or economic hiring preference pursuant
23 to paragraph (1) in any bid for a contract for the
24 construction of a project funded by a grant described
† HR 3684 EAS
1177
1 in paragraph (1) shall not be considered to unduly
2 limit competition.
3 (b) WORKFORCE DIVERSITY REPORT.—Not later than
4 1 year after the date of enactment of this Act, the Secretary
5 shall submit to Congress a report describing methods—
6 (1) to ensure preapprenticeship programs are es-
7 tablished and implemented to meet the needs of em-
8 ployers in transportation and transportation infra-
9 structure construction industries, including with re-
10 spect to the formal connection of the
11 preapprenticeship programs to registered apprentice-
12 ship programs;
13 (2) to address barriers to employment (within
14 the meaning of the Workforce Innovation and Oppor-
15 tunity Act (29 U.S.C. 3101 et seq.)) in transportation
16 and transportation infrastructure construction indus-
17 tries for—
18 (A) individuals who are former offenders
19 (as defined in section 3 of the Workforce Innova-
20 tion and Opportunity Act (29 U.S.C. 3102));
21 (B) individuals with a disability (as de-
22 fined in section 3 of the Americans with Disabil-
23 ities Act of 1990 (42 U.S.C. 12102)); and
† HR 3684 EAS
1178
1 (C) individuals that represent populations
2 that are traditionally underrepresented in the
3 workforce; and
4 (3) to encourage a recipient or subrecipient im-
5 plementing a local or other geographical or economic
6 hiring preference pursuant to subsection (a)(1) to es-
7 tablish, in coordination with nonprofit organizations
8 that represent employees, outreach and support pro-
9 grams that increase diversity within the workforce,
10 including expanded participation from individuals
11 described in subparagraphs (A) through (C) of para-
12 graph (2).
13 (c) MODEL PLAN.—Not later than 1 year after the date
14 of submission of the report under subsection (b), the Sec-
15 retary shall establish, and publish on the website of the De-
16 partment, a model plan for use by States, units of local
17 government, and private sector entities to address the issues
18 described in that subsection.
19 SEC. 25020. TRANSPORTATION WORKFORCE DEVELOPMENT.
† HR 3684 EAS
1179
1 (A) the education and recruitment of tech-
2 nical workers for the intelligent transportation
3 technologies and systems industry;
4 (B) the development of a workforce skilled
5 in various types of intelligent transportation
6 technologies, components, infrastructure, and
7 equipment, including with respect to—
8 (i) installation;
9 (ii) maintenance;
10 (iii) manufacturing;
11 (iv) operations, including data anal-
12 ysis and review; and
13 (v) cybersecurity; and
14 (C) barriers to employment in the intel-
15 ligent transportation technologies and systems
16 industry for—
17 (i) individuals who are former offend-
18 ers (as defined in section 3 of the Workforce
19 Innovation and Opportunity Act (29 U.S.C.
20 3102));
21 (ii) individuals with a disability (as
22 defined in section 3 of the Americans with
23 Disabilities Act of 1990 (42 U.S.C. 12102));
24 and
† HR 3684 EAS
1180
1 (iii) individuals that represent popu-
2 lations that are traditionally underrep-
3 resented in the workforce; and
4 (2) includes recommendations relating to the
5 issues described in paragraph (1).
6 (b) WORKING GROUP.—
7 (1) ESTABLISHMENT.—The Secretary shall estab-
8 lish a working group, to be composed of—
9 (A) the Secretary of Energy;
10 (B) the Secretary of Labor; and
11 (C) the heads of such other Federal agencies
12 as the Secretary determines to be necessary.
13 (2) IMPLEMENTATION PLAN.—
† HR 3684 EAS
1181
1 (i) using registered apprenticeship and
2 preapprenticeship programs; and
3 (ii) re-skilling workers who may be in-
4 terested in working within the intelligent
5 transportation technologies and systems in-
6 dustry.
7 (3) SUBMISSION TO CONGRESS.—Not later than
8 1 year after the date of receipt of the needs assessment
9 under subsection (a), the Secretary shall submit to
10 Congress the implementation plan developed under
11 paragraph (2).
12 (4) TERMINATION.—The working group estab-
13 lished under paragraph (1) shall terminate on the
14 date on which the implementation plan developed
15 under paragraph (2) is submitted to Congress under
16 paragraph (3).
17 (c) TRANSPORTATION WORKFORCE OUTREACH PRO-
18 GRAM.—
† HR 3684 EAS
1182
1 and administer a transportation workforce outreach pro-
2 gram, under which the Secretary shall carry out a series
3 of public service announcement campaigns during each of
4 fiscal years 2022 through 2026.
5 ‘‘(b) PURPOSES.—The purpose of the campaigns car-
6 ried out under the program under this section shall be—
7 ‘‘(1) to increase awareness of career opportuni-
8 ties in the transportation sector, including aviation
9 pilots, safety inspectors, mechanics and technicians,
10 air traffic controllers, flight attendants, truck and bus
11 drivers, engineers, transit workers, railroad workers,
12 and other transportation professionals; and
13 ‘‘(2) to target awareness of professional opportu-
14 nities in the transportation sector to diverse segments
15 of the population, including with respect to race, sex,
16 ethnicity, ability (including physical and mental
17 ability), veteran status, and socioeconomic status.
18 ‘‘(c) ADVERTISING.—The Secretary may use, or au-
19 thorize the use of, amounts made available to carry out the
20 program under this section for the development, production,
21 and use of broadcast, digital, and print media advertising
22 and outreach in carrying out a campaign under this sec-
23 tion.
24 ‘‘(d) FUNDING.—The Secretary may use to carry out
25 this section any amounts otherwise made available to the
† HR 3684 EAS
1183
1 Secretary, not to exceed $5,000,000, for each of fiscal years
2 2022 through 2026.’’.
3 (2) CLERICAL AMENDMENT.—The analysis for
4 subchapter I of chapter 55 of title 49, United States
5 Code (as amended by section 25013(b)), is amended
6 by adding at the end the following:
‘‘5507. Transportation workforce outreach program.’’.
8 BOARD REPEAL.
† HR 3684 EAS
1185
1 cybersecurity for the systems and information of the
2 Department.
3 (2) CONTENTS.—The report under paragraph (1)
4 shall include an evaluation of—
5 (A) the roles, responsibilities, and reporting
6 relationships of the senior officials of the Depart-
7 ment with respect to cybersecurity at the compo-
8 nents of the Department;
9 (B) the extent to which officials of the De-
10 partment—
11 (i) establish requirements for, share in-
12 formation with, provide resources to, and
13 monitor the performance of managers with
14 respect to cybersecurity within the compo-
15 nents of the Department; and
16 (ii) hold managers accountable for cy-
17 bersecurity within the components of the
18 Department; and
19 (C) other aspects of cybersecurity, as the
20 Comptroller General of the United States deter-
21 mines to be appropriate.
22 SEC. 25023. VOLPE OVERSIGHT.
† HR 3684 EAS
1186
1 of the Department included in the report entitled ‘‘DOT
2 Needs to Strengthen Its Oversight of IAAs With Volpe’’ and
3 dated September 30, 2019, to improve planning, financial
4 management, and the sharing of performance information
5 with respect to intraagency agreements with the John A.
6 Volpe National Transportation Systems Center (referred to
7 in this section as the ‘‘Volpe Center’’).
8 (b) GAO REVIEW.—
9 (1) IN GENERAL.—Not later than 2 years after
10 the date of enactment of this Act, the Comptroller
11 General of the United States shall submit to the Com-
12 mittee on Commerce, Science, and Transportation of
13 the Senate and the Committee on Transportation and
14 Infrastructure of the House of Representatives a re-
15 port that examines the surface transportation activi-
16 ties at the Volpe Center.
17 (2) CONTENTS.—The report under paragraph (1)
18 shall include an evaluation of—
19 (A) the amount of Department funding pro-
20 vided to the Volpe Center, as compared to other
21 Federal and non-Federal research partners;
22 (B) the process used by the Department to
23 determine whether to work with the Volpe Center,
24 as compared to any other Federal or non-Federal
25 research partner;
† HR 3684 EAS
1187
1 (C) the extent to which the Department is
2 collaborating with the Volpe Center to address
3 research needs relating to emerging issues; and
4 (D) whether the operation of the Volpe Cen-
5 ter is duplicative of other public or private sector
6 efforts.
7 SEC. 25024. MODIFICATIONS TO GRANT PROGRAM.
† HR 3684 EAS
1188
1 ‘‘(1) for a State described in subsection (a)(1),
2 10 percent of the amount made available to carry out
3 this section in that fiscal year; and
4 ‘‘(2) for a State described in subsection (a)(2), 5
5 percent of the amount made available to carry out
6 this section in that fiscal year.’’; and
7 (3) in subsection (d)—
8 (A) by striking ‘‘$7,500,000 for each of fis-
9 cal years 2017 through 2020’’ and inserting
10 ‘‘$11,500,000 for each fiscal year’’;
11 (B) by redesignating paragraph (3) as
12 paragraph (4); and
13 (C) by inserting after paragraph (2) the fol-
14 lowing:
15 ‘‘(3) TECHNICAL ASSISTANCE.—The Secretary
16 may allocate not more than 10 percent of the amount
17 made available to carry out this section in a fiscal
18 year to provide technical assistance to States to carry
19 out activities under this section.’’.
20 SEC. 25025. DRUG-IMPAIRED DRIVING DATA COLLECTION.
† HR 3684 EAS
1189
1 Science, and Transportation of the Senate and the Com-
2 mittee on Transportation and Infrastructure of the House
3 of Representatives a report that, in accordance with the doc-
4 ument entitled ‘‘Recommendations for Toxicological Inves-
5 tigations of Drug-Impaired Driving and Motor Vehicle Fa-
6 talities—2017 Update’’ (and subsequent updates to that
7 document)—
8 (1) identifies any barriers that States encounter
9 in submitting alcohol and drug toxicology results to
10 the Fatality Analysis Reporting System;
11 (2) provides recommendations on how to address
12 the barriers identified pursuant to paragraph (1);
13 and
14 (3) describes steps that the Secretary, acting
15 through the Administrator of the National Highway
16 Traffic Safety Administration, will take to assist
17 States in improving—
18 (A) toxicology testing in cases of motor ve-
19 hicle crashes; and
20 (B) the reporting of alcohol and drug toxi-
21 cology results in cases of motor vehicle crashes.
22 SEC. 25026. REPORT ON MARIJUANA RESEARCH.
† HR 3684 EAS
1190
1 tion 4008(d) of the FAST Act (Public Law 114–94; 129
2 Stat. 1511).
3 (b) REPORT.—Not later than 2 years after the date
4 of enactment of this Act, the Secretary, in consultation with
5 the Attorney General and the Secretary of Health and
6 Human Services, shall submit to the Committees on Com-
7 merce, Science, and Transportation and the Judiciary of
8 the Senate and the Committees on Transportation and In-
9 frastructure and the Judiciary of the House of Representa-
10 tives, and make publicly available on the website of the De-
11 partment, a report that—
12 (1) describes methods for, and contains rec-
13 ommendations with respect to—
14 (A) increasing and improving, for scientific
15 researchers studying impairment while driving
16 under the influence of marijuana, access to sam-
17 ples and strains of marijuana and products con-
18 taining marijuana that are lawfully available to
19 patients or consumers in a State on a retail
20 basis;
21 (B) establishing a national clearinghouse to
22 collect and distribute samples and strains of
23 marijuana for scientific research that includes
24 marijuana and products containing marijuana
† HR 3684 EAS
1191
1 lawfully available to patients or consumers in a
2 State on a retail basis; and
3 (C) facilitating, for scientific researchers lo-
4 cated in States that have not legalized mari-
5 juana for medical or recreational use, access to
6 samples and strains of marijuana and products
7 containing marijuana from the clearinghouse de-
8 scribed in subparagraph (B) for purposes of re-
9 search on marijuana-impaired driving; and
10 (2) identifies, and contains recommendations for
11 addressing, Federal statutory and regulatory barriers
12 to—
13 (A) the conduct of scientific research on
14 marijuana-impaired driving; and
15 (B) the establishment of a national clear-
16 inghouse for purposes of facilitating research on
17 marijuana-impaired driving.
18 SEC. 25027. GAO STUDY ON IMPROVING THE EFFICIENCY OF
19 TRAFFIC SYSTEMS.
† HR 3684 EAS
1192
1 TITLE VI—HAZARDOUS
2 MATERIALS
3 SEC. 26001. AUTHORIZATION OF APPROPRIATIONS.
† HR 3684 EAS
1193
1 ‘‘(c) HAZARDOUS MATERIALS TRAINING GRANTS.—
2 From the Hazardous Materials Emergency Preparedness
3 Fund established pursuant to section 5116(h), the Secretary
4 may expend $5,000,000 for each of fiscal years 2022
5 through 2026 to carry out section 5107(e).
6 ‘‘(d) COMMUNITY SAFETY GRANTS.—Of the amounts
7 made available under subsection (a) to carry out this chap-
8 ter, the Secretary shall withhold $4,000,000 for each of fis-
9 cal years 2022 through 2026 to carry out section 5107(i).
10 ‘‘(e) CREDITS TO APPROPRIATIONS.—
11 ‘‘(1) EXPENSES.—In addition to amounts other-
12 wise made available to carry out this chapter, the
13 Secretary may credit amounts received from a State,
14 Indian tribe, or other public authority or private en-
15 tity for expenses the Secretary incurs in providing
16 training to the State, Indian tribe, authority or enti-
17 ty.
18 ‘‘(2) AVAILABILITY OF AMOUNTS.—Amounts
† HR 3684 EAS
1194
1 (1) in subsection (j), in the second sentence of the
2 matter preceding paragraph (1), by striking ‘‘sub-
3 section (i)’’ and inserting ‘‘subsections (i) and (j)’’;
4 (2) by redesignating subsection (j) as subsection
5 (k); and
6 (3) by inserting after subsection (i) the following:
7 ‘‘(j) ALERT GRANT PROGRAM.—
8 ‘‘(1) ASSISTANCE FOR LOCAL EMERGENCY RE-
† HR 3684 EAS
1195
1 ‘‘(A) represents first responders or public of-
2 ficials responsible for coordinating disaster re-
3 sponse; and
4 ‘‘(B) is able to provide direct or web-based
5 training to individuals responsible for respond-
6 ing to accidents and incidents involving haz-
7 ardous materials.
8 ‘‘(3) FUNDING.—
9 ‘‘(A) IN GENERAL.—To carry out the grant
10 program under paragraph (1), the Secretary
11 may use, for each fiscal year, any amounts re-
12 covered during such fiscal year from grants
13 awarded under this section during a prior fiscal
14 year.
15 ‘‘(B) OTHER HAZARDOUS MATERIAL TRAIN-
† HR 3684 EAS
1196
1 ‘‘(ii) to conduct monitoring and pro-
2 vide technical assistance under subsection
3 (e);
4 ‘‘(iii) to publish and distribute the
5 emergency response guide referred to in sub-
6 section (h)(3); and
7 ‘‘(iv) to pay administrative costs in
8 accordance with subsection (h)(4).
9 ‘‘(C) OBLIGATION LIMITATION.—Notwith-
16 TION.
† HR 3684 EAS
1197
1 ‘‘(B) to provide the electronic train consist
2 information described in subparagraph (A) to
3 authorized State and local first responders, emer-
4 gency response officials, and law enforcement
5 personnel that are involved in the response to, or
6 investigation of, an accident, incident, or public
7 health or safety emergency involving the rail
8 transportation of hazardous materials;’’;
9 (C) by striking paragraph (2);
10 (D) by redesignating paragraphs (3), (4),
11 (5), (6), and (7) as paragraphs (2), (3), (4), (5),
12 and (6), respectively; and
13 (E) in paragraph (3), as redesignated, by
14 striking ‘‘paragraph (3)’’ and inserting ‘‘para-
15 graph (2)’’;
16 (2) in subsection (b)—
17 (A) by striking paragraphs (1) and (4); and
18 (B) by redesignating paragraphs (2), (3),
19 (5), (6), and (7) as paragraphs (1), (2), (3), (4),
20 and (5), respectively; and
21 (3) in subsection (c), by striking ‘‘, as described
22 in subsection (a)(1)(B),’’.
† HR 3684 EAS
1198
1 TITLE VII—GENERAL
2 PROVISIONS
3 SEC. 27001. PERFORMANCE MEASUREMENT, TRANS-
† HR 3684 EAS
1199
1 SEC. 27003. DEPARTMENT OF TRANSPORTATION SPECTRUM
2 AUDIT.
† HR 3684 EAS
1200
1 (3) the State or other geographic area in which
2 a particular band described in paragraph (1) is as-
3 signed or allocated for use;
4 (4) whether a particular band described in para-
5 graph (1) is used exclusively by the Department or
6 shared with another Federal entity or a non-Federal
7 entity; and
8 (5) any portion of the spectrum that is not being
9 used by the Department.
10 (c) FORM OF REPORT.—The report required under
11 subsection (a)(2) shall be submitted in unclassified form but
12 may include a classified annex.
13 SEC. 27004. STUDY AND REPORTS ON THE TRAVEL AND
15 (a) STUDY.—
16 (1) IN GENERAL.—The Secretary shall conduct a
17 study (referred to in this section as the ‘‘study’’) on
18 the travel and tourism activities within the Depart-
19 ment.
20 (2) REQUIREMENT.—The study shall evaluate
21 how the Department evaluates travel and tourism
22 needs or criteria in considering applications for
23 grants under the grant programs of the Department.
24 (b) REPORT OF THE SECRETARY.—Not later than 1
25 year after the date of enactment of this Act, the Secretary
† HR 3684 EAS
1201
1 shall submit to the Committee on Commerce, Science, and
2 Transportation of the Senate and the Committee on Trans-
3 portation and Infrastructure of the House of Representa-
4 tives a report on the results of the study, which shall in-
5 clude—
6 (1) an identification of how the Department cur-
7 rently evaluates travel and tourism needs or criteria
8 in considering applications for grants under the
9 grant programs of the Department;
10 (2) a description of any actions that the Depart-
11 ment will take to improve the evaluation of tourism-
12 and travel-related criteria in considering applications
13 for grants under those grant programs; and
14 (3) recommendations as to any statutory or reg-
15 ulatory changes that may be required to enhance the
16 consideration by the Department of travel and tour-
17 ism needs or criteria in considering applications for
18 grants under those grant programs.
19 (c) GAO ASSESSMENT AND REPORT.—
20 (1) ASSESSMENT.—The Comptroller General of
21 the United States shall conduct an assessment of the
22 existing resources of the Department used to conduct
23 travel- and tourism-related activities, including the
24 consideration of travel and tourism needs or criteria
25 in considering applications for grants under the
† HR 3684 EAS
1202
1 grant programs of the Department, in order to iden-
2 tify—
3 (A) any resources needed by the Depart-
4 ment; and
5 (B) any barriers to carrying out those ac-
6 tivities.
7 (2) REPORT.—Not later than 18 months after the
8 date of enactment of this Act, the Comptroller General
9 of the United States shall submit to the Committee on
10 Commerce, Science, and Transportation of the Senate
11 and the Committee on Transportation and Infrastruc-
12 ture of the House of Representatives a report on the
13 assessment conducted under paragraph (1), which
14 shall include—
15 (A) recommendations for improving the
16 evaluation and consideration by the Department
17 of travel and tourism with respect to the discre-
18 tionary grant programs of the Department;
19 (B) an assessment of the resources needed to
20 carry out the tourism- and travel-related activi-
21 ties of the Department;
22 (C) an assessment of any barriers to car-
23 rying out activities relating to travel and tour-
24 ism; and
† HR 3684 EAS
1203
1 (D) recommendations for improving the
2 ability of the Department to carry out activities
3 relating to travel and tourism, which may in-
4 clude proposed statutory or regulatory changes
5 that may be needed to facilitate those activities.
6 TITLE VIII—SPORT FISH RES-
7 TORATION AND REC-
8 REATIONAL BOATING SAFETY
9 SEC. 28001. SPORT FISH RESTORATION AND RECREATIONAL
10 BOATING SAFETY.
† HR 3684 EAS
1204
1 ‘‘(i) for the fiscal year that includes the
2 date of enactment of the Surface Transpor-
3 tation Reauthorization Act of 2021, the sum
4 obtained by adding—
5 ‘‘(I) the available amount speci-
6 fied in this subparagraph for the pre-
7 ceding fiscal year; and
8 ‘‘(II) $979,500; and
9 ‘‘(ii) for each fiscal year thereafter, the
10 sum obtained by adding—
11 ‘‘(I) the available amount speci-
12 fied in this subparagraph for the pre-
13 ceding fiscal year; and
14 ‘‘(II) the product obtained by
15 multiplying—
16 ‘‘(aa) the available amount
17 specified in this subparagraph for
18 the preceding fiscal year; and
19 ‘‘(bb) the change, relative to
20 the preceding fiscal year, in the
21 Consumer Price Index for All
22 Urban Consumers published by
23 the Department of Labor.’’; and
24 (ii) in paragraph (2)—
† HR 3684 EAS
1205
1 (I) in subparagraph (A), by strik-
2 ing ‘‘2016 through 2021’’ and inserting
3 ‘‘2022 through 2026’’; and
4 (II) by striking subparagraph (B)
5 and inserting the following:
6 ‘‘(B) AVAILABLE AMOUNTS.—The available
7 amount referred to in subparagraph (A) is—
8 ‘‘(i) for fiscal year 2022, $12,786,434;
9 and
10 ‘‘(ii) for fiscal year 2023 and each fis-
11 cal year thereafter, the sum obtained by
12 adding—
13 ‘‘(I) the available amount speci-
14 fied in this subparagraph for the pre-
15 ceding fiscal year; and
16 ‘‘(II) the product obtained by
17 multiplying—
18 ‘‘(aa) the available amount
19 specified in this subparagraph for
20 the preceding fiscal year; and
21 ‘‘(bb) the change, relative to
22 the preceding fiscal year, in the
23 Consumer Price Index for All
24 Urban Consumers published by
25 the Department of Labor.’’; and
† HR 3684 EAS
1206
1 (C) in subsection (e)(2), by striking
2 ‘‘$900,000’’ and inserting ‘‘$1,300,000’’.
3 (2) ADMINISTRATION.—Section 9(a) of the Din-
4 gell-Johnson Sport Fish Restoration Act (16 U.S.C.
5 777h(a)) is amended—
6 (A) by striking paragraphs (1) and (2) and
7 inserting the following:
8 ‘‘(1) personnel costs of employees for the work
9 hours of each employee spent directly administering
10 this Act, as those hours are certified by the supervisor
11 of the employee;’’;
12 (B) by redesignating paragraphs (3)
13 through (12) as paragraphs (2) through (11), re-
14 spectively;
15 (C) in paragraph (2) (as so redesignated),
16 by striking ‘‘paragraphs (1) and (2)’’ and insert-
17 ing ‘‘paragraph (1)’’;
18 (D) in paragraph (4)(B) (as so redesig-
19 nated), by striking ‘‘full-time equivalent em-
20 ployee authorized under paragraphs (1) and (2)’’
21 and inserting ‘‘employee authorized under para-
22 graph (1)’’;
23 (E) in paragraph (8)(A) (as so redesig-
24 nated), by striking ‘‘on a full-time basis’’; and
† HR 3684 EAS
1207
1 (F) in paragraph (10) (as so redesig-
2 nated)—
3 (i) by inserting ‘‘or part-time’’ after
4 ‘‘full-time’’; and
5 (ii) by inserting ‘‘, subject to the condi-
6 tion that the percentage of the relocation ex-
7 penses paid with funds made available pur-
8 suant to this Act may not exceed the per-
9 centage of the work hours of the employee
10 that are spent administering this Act’’ after
11 ‘‘incurred’’.
12 (3) OTHER ACTIVITIES.—Section 14(e) of the
13 Dingell-Johnson Sport Fish Restoration Act (16
14 U.S.C. 777m(e)) is amended by adding at the end the
15 following:
16 ‘‘(3) A portion, as determined by the Sport Fish-
17 ing and Boating Partnership Council, of funds dis-
18 bursed for the purposes described in paragraph (2)
19 but remaining unobligated as of October 1, 2021,
20 shall be used to study the impact of derelict vessels
21 and identify recyclable solutions for recreational ves-
22 sels.’’.
23 (4) RECREATIONAL BOATING SAFETY.—Section
† HR 3684 EAS
1208
1 ed by striking ‘‘No funds available’’ and inserting
2 ‘‘On or after October 1, 2024, no funds available’’.
3 (b) WILDLIFE RESTORATION FUND ADMINISTRA-
4 TION.—
† HR 3684 EAS
1209
1 ‘‘(II) the product obtained by
2 multiplying—
3 ‘‘(aa) the available amount
4 specified in this subparagraph for
5 the preceding fiscal year; and
6 ‘‘(bb) the change, relative to
7 the preceding fiscal year, in the
8 Consumer Price Index for All
9 Urban Consumers published by
10 the Department of Labor.’’; and
11 (B) in paragraph (2)—
12 (i) in subparagraph (A), by inserting
13 ‘‘subsequent’’ before ‘‘fiscal year.’’; and
14 (ii) by striking subparagraph (B) and
15 inserting the following:
16 ‘‘(B) APPORTIONMENT OF UNOBLIGATED
17 AMOUNTS.—
† HR 3684 EAS
1210
1 mains unobligated at the end of that fiscal
2 year.
3 ‘‘(ii) REQUIREMENT.—The available
4 amount apportioned under clause (i) shall
5 be apportioned on the same basis and in the
6 same manner as other amounts made avail-
7 able under this Act were apportioned among
8 the States for the fiscal year in which the
9 amount was originally made available.’’.
10 (2) AUTHORIZED EXPENSES FOR ADMINISTRA-
† HR 3684 EAS
1211
1 (D) in paragraph (4)(B) (as so redesig-
2 nated), by striking ‘‘full-time equivalent em-
3 ployee authorized under paragraphs (1) and (2)’’
4 and inserting ‘‘employee authorized under para-
5 graph (1)’’;
6 (E) in paragraph (8)(A) (as so redesig-
7 nated), by striking ‘‘on a full-time basis’’; and
8 (F) in paragraph (10) (as so redesig-
9 nated)—
10 (i) by inserting ‘‘or part-time’’ after
11 ‘‘full-time’’; and
12 (ii) by inserting ‘‘, subject to the condi-
13 tion that the percentage of the relocation ex-
14 penses paid with funds made available pur-
15 suant to this Act may not exceed the per-
16 centage of the work hours of the employee
17 that are spent administering this Act’’ after
18 ‘‘incurred’’.
19 (c) RECREATIONAL BOATING ACCESS.—
20 (1) IN GENERAL.—Not later than 1 year after
21 the date of enactment of this Act, the Comptroller
22 General of the United States shall submit to the Sport
23 Fishing and Boating Partnership Council, the Com-
24 mittee on Natural Resources and the Committee on
25 Transportation and Infrastructure of the House of
† HR 3684 EAS
1212
1 Representatives, and the Committee on Commerce,
2 Science, and Transportation and the Committee on
3 Environment and Public Works of the Senate a report
4 that, to the extent practicable, given available data,
5 shall document—
6 (A) the use of nonmotorized vessels in each
7 State and how the increased use of nonmotorized
8 vessels is impacting motorized and nonmotorized
9 vessel access;
10 (B) user conflicts at waterway access
11 points; and
12 (C) the use of—
13 (i) Sport Fish Restoration Program
14 funds to improve nonmotorized access at
15 waterway entry points and the reasons for
16 providing that access; and
17 (ii) Recreational Boating Safety Pro-
18 gram funds for nonmotorized boating safety
19 programs.
20 (2) CONSULTATION.—The Comptroller General of
21 the United States shall consult with the Sport Fishing
22 and Boating Partnership Council and the National
23 Boating Safety Advisory Council on study design,
24 scope, and priorities for the report under paragraph
25 (1).
† HR 3684 EAS
1213
1 (d) SPORT FISHING AND BOATING PARTNERSHIP
2 COUNCIL.—
3 (1) IN GENERAL.—The Sport Fishing and Boat-
4 ing Partnership Council established by the Secretary
5 of the Interior shall be an advisory committee of the
6 Department of the Interior and the Department of
7 Commerce subject to the Federal Advisory Committee
8 Act (5 U.S.C. App.).
9 (2) FACA.— The Secretary of the Interior and
10 the Secretary of Commerce shall jointly carry out the
11 requirements of the Federal Advisory Committee Act
12 (5 U.S.C. App.) with respect to the Sport Fishing and
13 Boating Partnership Council described in paragraph
14 (1).
15 (3) EFFECTIVE DATE.—This subsection shall take
16 effect on January 1, 2023.
17 DIVISION C—TRANSIT
18 SEC. 30001. DEFINITIONS.
† HR 3684 EAS
1214
1 (2) by inserting before paragraph (2) (as so re-
2 designated) the following:
3 ‘‘(1) ASSAULT ON A TRANSIT WORKER.—The
† HR 3684 EAS
1215
1 (i) in subclause (XIII), by striking
2 ‘‘and’’ at the end;
3 (ii) in subclause (XIV), by adding
4 ‘‘and’’ after the semicolon; and
5 (iii) by adding at the end the fol-
6 lowing:
7 ‘‘(XV) technology to fuel a zero-
8 emission vehicle;’’.
9 (b) CONFORMING AMENDMENTS.—
10 (1) Section 601(a)(12)(E) of title 23, United
11 States Code, is amended by striking ‘‘section
12 5302(3)(G)(v)’’ and inserting ‘‘section
13 5302(4)(G)(v)’’.
14 (2) Section 5323(e)(3) of title 49, United States
15 Code, is amended by striking ‘‘section 5302(3)(J)’’
16 and inserting ‘‘section 5302(4)(J)’’.
17 (3) Section 5336(e) of title 49, United States
18 Code, is amended by striking ‘‘, as defined in section
19 5302(4)’’.
20 (4) Section 28501(4) of title 49, United States
21 Code, is amended by striking ‘‘section 5302(a)(6)’’
22 and inserting ‘‘section 5302’’.
23 SEC. 30002. METROPOLITAN TRANSPORTATION PLANNING.
† HR 3684 EAS
1216
1 (1) in subsection (a)(1), by inserting ‘‘and better
2 connect housing and employment’’ after ‘‘urbanized
3 areas’’;
4 (2) in subsection (g)(3)(A), by inserting ‘‘hous-
5 ing,’’ after ‘‘economic development,’’;
6 (3) in subsection (h)(1)(E), by inserting ‘‘, hous-
7 ing,’’ after ‘‘growth’’;
8 (4) in subsection (i)—
9 (A) in paragraph (4)(B)—
10 (i) by redesignating clauses (iii)
11 through (vi) as clauses (iv) through (vii),
12 respectively; and
13 (ii) by inserting after clause (ii) the
14 following:
15 ‘‘(iii) assumed distribution of popu-
16 lation and housing;’’; and
17 (B) in paragraph (6)(A), by inserting ‘‘af-
18 fordable housing organizations,’’ after ‘‘dis-
19 abled,’’; and
20 (5) in subsection (k)—
21 (A) by redesignating paragraphs (4) and
22 (5) as paragraphs (5) and (6), respectively; and
23 (B) by inserting after paragraph (3) the fol-
24 lowing:
25 ‘‘(4) HOUSING COORDINATION PROCESS.—
† HR 3684 EAS
1217
1 ‘‘(A) IN GENERAL.—Within a metropolitan
2 planning area serving a transportation manage-
3 ment area, the transportation planning process
4 under this section may address the integration of
5 housing, transportation, and economic develop-
6 ment strategies through a process that provides
7 for effective integration, based on a cooperatively
8 developed and implemented strategy, of new and
9 existing transportation facilities eligible for
10 funding under this chapter and title 23.
11 ‘‘(B) COORDINATION IN INTEGRATED PLAN-
† HR 3684 EAS
1218
1 fordability strategies established within the
2 metropolitan planning area pursuant to
3 section 105 of the Cranston-Gonzalez Na-
4 tional Affordable Housing Act (42 U.S.C.
5 12705) and plans developed under section
6 5A of the United States Housing Act of
7 1937 (42 U.S.C. 1437c–1).
8 ‘‘(C) HOUSING COORDINATION PLAN.—
† HR 3684 EAS
1219
1 ‘‘(bb) align transportation
2 improvements with housing needs,
3 such as housing supply shortages,
4 and proposed housing develop-
5 ment;
6 ‘‘(cc) align planning for
7 housing and transportation to ad-
8 dress needs in relationship to
9 household incomes within the met-
10 ropolitan planning area;
11 ‘‘(dd) expand housing and
12 economic development within the
13 catchment areas of existing trans-
14 portation facilities and public
15 transportation services when ap-
16 propriate, including higher-den-
17 sity development, as locally deter-
18 mined;
19 ‘‘(ee) manage effects of
20 growth of vehicle miles traveled
21 experienced in the metropolitan
22 planning area related to housing
23 development and economic devel-
24 opment;
† HR 3684 EAS
1220
1 ‘‘(ff) increase share of house-
2 holds with sufficient and afford-
3 able access to the transportation
4 networks of the metropolitan
5 planning area;
6 ‘‘(II) identify the location of exist-
7 ing and planned housing and employ-
8 ment, and transportation options that
9 connect housing and employment; and
10 ‘‘(III) include a comparison of
11 transportation plans to land use man-
12 agement plans, including zoning plans,
13 that may affect road use, public trans-
14 portation ridership and housing devel-
15 opment.’’.
16 (b) ADDITIONAL CONSIDERATION AND COORDINA-
17 TION.—Section 5303 of title 49, United States Code, is
18 amended—
19 (1) in subsection (d)—
20 (A) in paragraph (3), by adding at the end
21 the following:
22 ‘‘(D) CONSIDERATIONS.—In designating of-
23 ficials or representatives under paragraph (2) for
24 the first time, subject to the bylaws or enabling
25 statute of the metropolitan planning organiza-
† HR 3684 EAS
1221
1 tion, the metropolitan planning organization
2 shall consider the equitable and proportional
3 representation of the population of the metropoli-
4 tan planning area.’’; and
5 (B) in paragraph (7)—
6 (i) by striking ‘‘an existing metropoli-
7 tan planning area’’ and inserting ‘‘an exist-
8 ing urbanized area (as defined by the Bu-
9 reau of the Census)’’; and
10 (ii) by striking ‘‘the existing metropoli-
11 tan planning area’’ and inserting ‘‘the
12 area’’;
13 (2) in subsection (g)—
14 (A) in paragraph (1), by striking ‘‘a metro-
15 politan area’’ and inserting ‘‘an urbanized area
16 (as defined by the Bureau of the Census)’’; and
17 (B) by adding at the end the following:
18 ‘‘(4) COORDINATION BETWEEN MPOS.—If more
19 than 1 metropolitan planning organization is des-
20 ignated within an urbanized area (as defined by the
21 Bureau of the Census) under subsection (d)(7), the
22 metropolitan planning organizations designated with-
23 in the area shall ensure, to the maximum extent prac-
24 ticable, the consistency of any data used in the plan-
† HR 3684 EAS
1222
1 ning process, including information used in fore-
2 casting travel demand.
3 ‘‘(5) SAVINGS CLAUSE.—Nothing in this sub-
4 section requires metropolitan planning organizations
5 designated within a single urbanized area to jointly
6 develop planning documents, including a unified
7 long-range transportation plan or unified TIP.’’;
8 (3) in subsection (i)(6), by adding at the end the
9 following:
10 ‘‘(D) USE OF TECHNOLOGY.—A metropoli-
11 tan planning organization may use social media
12 and other web-based tools—
13 ‘‘(i) to further encourage public par-
14 ticipation; and
15 ‘‘(ii) to solicit public feedback during
16 the transportation planning process.’’; and
17 (4) in subsection (p), by striking ‘‘section
18 104(b)(5)’’ and inserting ‘‘section 104(b)(6)’’.
19 SEC. 30003. STATEWIDE AND NONMETROPOLITAN TRANS-
20 PORTATION PLANNING.
† HR 3684 EAS
1223
1 (2) in subsection (i), by striking ‘‘this this’’ and
2 inserting ‘‘this’’.
3 (b) USE OF TECHNOLOGY.—Section 5304(f)(3) of title
4 49, United States Code, is amended by adding at the end
5 the following:
6 ‘‘(C) USE OF TECHNOLOGY.—A State may
7 use social media and other web-based tools—
8 ‘‘(i) to further encourage public par-
9 ticipation; and
10 ‘‘(ii) to solicit public feedback during
11 the transportation planning process.’’.
12 SEC. 30004. PLANNING PROGRAMS.
† HR 3684 EAS
1224
1 the activity unless the Secretary determines that it is
2 in the interests of the Government—
3 ‘‘(A) not to require a State or local match;
4 or
5 ‘‘(B) to allow a Government share greater
6 than 80 percent.
7 ‘‘(2) CERTAIN ACTIVITIES.—
† HR 3684 EAS
1225
1 planning activities benefits commuting and other
2 essential travel in parts of the applicable urban-
3 ized area or rural area described in subpara-
4 graph (A) with lower population density or
5 lower average income levels.’’.
6 SEC. 30005. FIXED GUIDEWAY CAPITAL INVESTMENT
7 GRANTS.
† HR 3684 EAS
1226
1 (C) by adding at the end the following:
2 ‘‘(C) the applicant has made progress to-
3 ward meeting the performance targets in section
4 5326(c)(2).’’;
5 (3) in subsection (e)(2)(A)(iii)(II), by striking
6 ‘‘the next 5 years’’ and inserting ‘‘the next 10 years,
7 without regard to any temporary measures employed
8 by the applicant expected to increase short-term ca-
9 pacity within the next 10 years’’;
10 (4) in subsection (g)—
11 (A) in paragraph (3)(A), by striking ‘‘ex-
12 ceed’’ and all that follows through ‘‘50 percent’’
13 and inserting ‘‘exceed 50 percent’’;
14 (B) by redesignating paragraph (7) as
15 paragraph (8); and
16 (C) by inserting after paragraph (6) the fol-
17 lowing:
18 ‘‘(7) PROJECT RE-ENTRY.—In carrying out rat-
19 ings and evaluations under this subsection, the Sec-
20 retary shall provide full and fair consideration to
21 projects that seek an updated rating after a period of
22 inactivity following an earlier rating and evalua-
23 tion.’’;
24 (5) in subsection (i), by striking paragraphs (1)
25 through (8) and inserting the following:
† HR 3684 EAS
1227
1 ‘‘(1) FUTURE BUNDLING.—
† HR 3684 EAS
1228
1 ‘‘(E) PROJECT SPONSOR.—The applicant
2 that submits a future bundling request shall be
3 the project sponsor for each project included in
4 the request.
5 ‘‘(F) PROGRAM AND PROJECT SHARE.—A
† HR 3684 EAS
1229
1 ‘‘(II) enable time or cost savings
2 for the projects.
3 ‘‘(H) EVALUATION.—Each project submitted
4 for consideration for funding in a future bun-
5 dling request shall be subject to the applicable
6 evaluation criteria under this section for the
7 project type, including demonstrating the avail-
8 ability of local resources to recapitalize, main-
9 tain, and operate the overall existing and pro-
10 posed public transportation system pursuant to
11 subsection (f)(1)(C).
12 ‘‘(I) LETTER OF INTENT.—
† HR 3684 EAS
1230
1 condition that the project or projects must
2 meet the evaluation criteria in this sub-
3 section before a grant agreement can be exe-
4 cuted.
5 ‘‘(ii) AMOUNT.—The amount that the
6 Secretary announces an intention to obli-
7 gate for an additional project in the future
8 bundling request through a letter of intent
9 issued under clause (i) shall be sufficient to
10 complete at least an operable segment of the
11 project.
12 ‘‘(iii) TREATMENT.—The issuance of a
13 letter of intent under clause (i) shall not be
14 deemed to be an obligation under sections
15 1108(c), 1501, and 1502(a) of title 31 or an
16 administrative commitment.
17 ‘‘(2) IMMEDIATE BUNDLING.—
† HR 3684 EAS
1231
1 or (h)(2)(A)(i)(I), for consideration for funding
2 under this section. An applicant shall include in
3 the request the amount of funding requested
4 under this section for each additional project
5 and the estimated capital cost of each project.
6 ‘‘(C) READINESS.—Projects included in the
7 request must be ready to enter the project devel-
8 opment phase under subsection (d)(1)(A),
9 (e)(1)(A), or (h)(2)(A) at the same time.
10 ‘‘(D) PLANNING.—Projects in the bundle
11 shall be included in the metropolitan transpor-
12 tation plan in accordance with section 5303(i).
13 ‘‘(E) PROJECT SPONSOR.—The applicant
14 that submits an immediate bundling request
15 shall be the project sponsor for each project in-
16 cluded in the request.
17 ‘‘(F) PROGRAM AND PROJECT SHARE.—An
† HR 3684 EAS
1232
1 ‘‘(i) shall enhance, or increase the ca-
2 pacity of—
3 ‘‘(I) the total transportation sys-
4 tem of the applicant; or
5 ‘‘(II) the transportation system of
6 the region the applicant serves (which,
7 in the case of a State whose request ad-
8 dresses a single region, means that re-
9 gion); and
10 ‘‘(ii) shall—
11 ‘‘(I) streamline procurements for
12 the applicant; or
13 ‘‘(II) enable time or cost savings
14 for the projects.
15 ‘‘(H) EVALUATION.—A project submitted for
16 consideration for immediate funding in an im-
17 mediate bundling request shall be subject to the
18 applicable evaluation criteria under this section
19 for the project type, including demonstrating the
20 availability of local resources to recapitalize,
21 maintain, and operate the overall existing and
22 proposed public transportation system pursuant
23 to subsection (f)(1)(C).
24 ‘‘(I) LETTER OF INTENT OR SINGLE GRANT
25 AGREEMENT.—
† HR 3684 EAS
1233
1 ‘‘(i) IN GENERAL.—Upon entering into
2 a grant agreement for the initial project for
3 which an applicant submits a request, the
4 Secretary may issue a letter of intent or
5 single, combined grant agreement to the ap-
6 plicant.
7 ‘‘(ii) LETTER OF INTENT.—
† HR 3684 EAS
1234
1 least an operable segment of the
2 project.
3 ‘‘(III) TREATMENT.—The issuance
4 of a letter of intent under clause (i)
5 shall not be deemed to be an obligation
6 under sections 1108(c), 1501, and
7 1502(a) of title 31 or an administra-
8 tive commitment.
9 ‘‘(3) EVALUATION CRITERIA.—When the Sec-
10 retary issues rules or policy guidance under this sec-
11 tion, the Secretary may request comment from the
12 public regarding potential changes to the evaluation
13 criteria for project justification and local financial
14 commitment under subsections (d), (e), (f), and (h)
15 for the purposes of streamlining the evaluation proc-
16 ess for projects included in a future bundling request
17 or an immediate bundling request, including changes
18 to enable simultaneous evaluation of multiple projects
19 under 1 or more evaluation criteria. Notwithstanding
20 paragraphs (1)(H) and (2)(H), such criteria may be
21 utilized for projects included in a future bundling re-
22 quest or an immediate bundling request under this
23 subsection upon promulgation of the applicable rule
24 or policy guidance.
25 ‘‘(4) GRANT AGREEMENTS.—
† HR 3684 EAS
1235
1 ‘‘(A) NEW START AND CORE CAPACITY IM-
† HR 3684 EAS
1236
1 ‘‘(iii) be carried out through a grant
2 agreement pursuant to subsection (h)(7) for
3 the included projects, if the projects seeking
4 assistance under the combined grant agree-
5 ment consist entirely of small start projects.
6 ‘‘(D) SAVINGS PROVISION.—The use of a
7 combined grant agreement shall not waive or
8 amend applicable evaluation criteria under this
9 section for projects included in the combined
10 grant agreement.’’;
11 (6) in subsection (k)—
12 (A) in paragraph (2)(E)—
13 (i) by striking ‘‘(E) BEFORE AND
† HR 3684 EAS
1237
1 (IV), respectively, and adjusting the
2 margins accordingly; and
3 (II) in the matter preceding sub-
4 clause (I) (as so redesignated), by
5 striking ‘‘subclause (I)’’ and inserting
6 ‘‘clause (i)’’; and
7 (B) in paragraph (5), by striking ‘‘At least
8 30’’ and inserting ‘‘Not later than 15’’;
9 (7) in subsection (o)—
10 (A) by striking paragraph (2);
11 (B) by redesignating paragraph (3) as
12 paragraph (2); and
13 (C) in paragraph (2) (as so redesignated)—
14 (i) in subparagraph (A)—
15 (I) in the matter preceding clause
16 (i), by striking ‘‘of’’ and inserting
17 ‘‘that’’;
18 (II) by redesignating clauses (i)
19 and (ii) as subclauses (I) and (II), re-
20 spectively, and adjusting the margins
21 accordingly;
22 (III) by inserting before subclause
23 (I) (as so redesignated), the following:
24 ‘‘(i) assesses—’’;
† HR 3684 EAS
1238
1 (IV) in clause (i) (as so des-
2 ignated)—
3 (aa) in subclause (I) (as so
4 redesignated), by striking ‘‘new
5 fixed guideway capital projects
6 and core capacity improvement
7 projects’’ and inserting ‘‘all new
8 fixed guideway capital projects
9 and core capacity improvement
10 projects for grant agreements
11 under this section and section
12 3005(b) of the Federal Public
13 Transportation Act of 2015 (49
14 U.S.C. 5309 note; Public Law
15 114–94)’’; and
16 (bb) in subclause (II) (as so
17 redesignated), by striking ‘‘and’’
18 at the end; and
19 (V) by adding at the end the fol-
20 lowing:
21 ‘‘(ii) includes, with respect to projects
22 that entered into revenue service since the
23 previous biennial review—
24 ‘‘(I) a description and analysis of
25 the impacts of the projects on public
† HR 3684 EAS
1239
1 transportation services and public
2 transportation ridership;
3 ‘‘(II) a description and analysis
4 of the consistency of predicted and ac-
5 tual benefits and costs of the innova-
6 tive project development and delivery
7 methods of, or innovative financing
8 for, the projects; and
9 ‘‘(III) an identification of the rea-
10 sons for any differences between pre-
11 dicted and actual outcomes for the
12 projects; and
13 ‘‘(iii) in conducting the review under
14 clause (ii), incorporates information from
15 the plans submitted by applicants under
16 subsection (k)(2)(E)(i); and’’; and
17 (ii) in subparagraph (B), by striking
18 ‘‘each year’’ and inserting ‘‘the applicable
19 year’’; and
20 (8) by adding at the end the following:
21 ‘‘(r) CAPITAL INVESTMENT GRANT DASHBOARD.—
22 ‘‘(1) IN GENERAL.—The Secretary shall make
23 publicly available in an easily identifiable location
24 on the website of the Department of Transportation a
25 dashboard containing the following information for
† HR 3684 EAS
1240
1 each project seeking a grant agreement under this sec-
2 tion:
3 ‘‘(A) Project name.
4 ‘‘(B) Project sponsor.
5 ‘‘(C) City or urbanized area and State in
6 which the project will be located.
7 ‘‘(D) Project type.
8 ‘‘(E) Project mode.
9 ‘‘(F) Project length and number of stops, in-
10 cluding length of exclusive bus rapid transit
11 lanes, if applicable.
12 ‘‘(G) Anticipated total project cost.
13 ‘‘(H) Anticipated share of project costs to be
14 sought under this section.
15 ‘‘(I) Date of compliance with the National
16 Environmental Policy Act of 1969 (42 U.S.C.
17 4321 et seq.).
18 ‘‘(J) Date on which the project entered the
19 project development phase.
20 ‘‘(K) Date on which the project entered the
21 engineering phase, if applicable.
22 ‘‘(L) Date on which a Letter of No Preju-
23 dice was requested, and date on which a Letter
24 of No Prejudice was issued or denied, if applica-
25 ble.
† HR 3684 EAS
1241
1 ‘‘(M) Date of the applicant’s most recent
2 project ratings, including date of request for up-
3 dated ratings, if applicable.
4 ‘‘(N) Status of the project sponsor in secur-
5 ing non-Federal matching funds.
6 ‘‘(O) Date on which a project grant agree-
7 ment is anticipated to be executed.
8 ‘‘(2) UPDATES.—The Secretary shall update the
9 information provided under paragraph (1) not less
10 frequently than monthly.
11 ‘‘(3) PROJECT PROFILES.—The Secretary shall
12 continue to make profiles for projects that have ap-
13 plied for or are receiving assistance under this section
14 publicly available in an easily identifiable location
15 on the website of the Department of Transportation,
16 in the same manner as the Secretary did as of the
17 day before the date of enactment of this subsection.’’.
18 (b) EXPEDITED PROJECT DELIVERY FOR CAPITAL IN-
19 VESTMENT GRANTS PILOT PROGRAM.—Section 3005(b) of
20 the Federal Public Transportation Act of 2015 (49 U.S.C.
21 5309 note; Public Law 114–94) is amended—
22 (1) in paragraph (1)(I)—
23 (A) in clause (i), by striking ‘‘$75,000,000’’
24 and inserting ‘‘$150,000,000’’; and
† HR 3684 EAS
1242
1 (B) in clause (ii), by striking
2 ‘‘$300,000,000’’ and inserting ‘‘$400,000,000’’;
3 (2) in paragraph (8)(D)(i), by striking ‘‘30
4 days’’ and inserting ‘‘15 days’’;
5 (3) by striking paragraph (12); and
6 (4) by redesignating paragraph (13) as para-
7 graph (12).
8 SEC. 30006. FORMULA GRANTS FOR RURAL AREAS.
† HR 3684 EAS
1243
1 tioned for grants to Indian tribes for any purpose eli-
2 gible under this section, under such terms and condi-
3 tions as may be established by the Secretary, of
4 which—
5 ‘‘(A) 20 percent shall be distributed by the
6 Secretary on a competitive basis; and
7 ‘‘(B) 80 percent shall be apportioned as for-
8 mula grants as provided in subsection (j).’’; and
9 (2) in subsection (j)(1)(A), in the matter pre-
10 ceding clause (i), by striking ‘‘subsection (c)(1)(B)’’
11 and inserting ‘‘subsection (c)(2)(B)’’.
12 SEC. 30007. PUBLIC TRANSPORTATION INNOVATION.
† HR 3684 EAS
1244
1 ‘‘(A) a description of each project that re-
2 ceived assistance under this section during the
3 preceding fiscal year;
4 ‘‘(B) an evaluation of each project described
5 in paragraph (1), including any evaluation con-
6 ducted under subsection (e)(4) for the preceding
7 fiscal year; and
8 ‘‘(C) a strategic research roadmap proposal
9 for allocations of amounts for assistance under
10 this section for the current and subsequent fiscal
11 year, including anticipated work areas, proposed
12 demonstrations and strategic partnership oppor-
13 tunities;
14 ‘‘(2) UPDATES.—Not less than every 3 months,
15 the Secretary shall update on the Web site of the De-
16 partment of Transportation the information described
17 in paragraph (1)(C) to reflect any changes to the Sec-
18 retary’s plans to make assistance available under this
19 section.
20 ‘‘(3) LONG-TERM RESEARCH PLANS.—The Sec-
21 retary is encouraged to develop long-term research
22 plans and shall identify in the annual report under
23 paragraph (1) and in updates under paragraph (2)
24 allocations of amounts for assistance and notices of
† HR 3684 EAS
1245
1 funding opportunities to execute long-term strategic
2 research roadmap plans.’’;
3 (2) in paragraph (1) of subsection (g), relating
4 to Government share of costs, by striking the period
5 at the end and inserting ‘‘, except that if there is sub-
6 stantial public interest or benefit, the Secretary may
7 approve a greater Federal share.’’; and
8 (3) in subsection (h)—
9 (A) in paragraph (2)—
10 (i) by striking subparagraph (A) and
11 inserting the following:
12 ‘‘(A) IN GENERAL.—The Secretary shall
13 competitively select at least 1 facility—
14 ‘‘(i) to conduct testing, evaluation, and
15 analysis of low or no emission vehicle com-
16 ponents intended for use in low or no emis-
17 sion vehicles; and
18 ‘‘(ii) to conduct directed technology re-
19 search.’’;
20 (ii) by striking subparagraph (B) and
21 inserting the following:
22 ‘‘(B) TESTING, EVALUATION, AND ANAL-
23 YSIS.—
† HR 3684 EAS
1246
1 ment with, or make a grant to, at least 1
2 institution of higher education to operate
3 and maintain a facility to conduct testing,
4 evaluation, and analysis of low or no emis-
5 sion vehicle components, and new and
6 emerging technology components, intended
7 for use in low or no emission vehicles.
8 ‘‘(ii) REQUIREMENTS.—An institution
9 of higher education described in clause (i)
10 shall have—
11 ‘‘(I) capacity to carry out trans-
12 portation-related advanced component
13 and vehicle evaluation;
14 ‘‘(II) laboratories capable of test-
15 ing and evaluation; and
16 ‘‘(III) direct access to or a part-
17 nership with a testing facility capable
18 of emulating real-world circumstances
19 in order to test low or no emission ve-
20 hicle components installed on the in-
21 tended vehicle.’’; and
22 (iii) by adding at the end the fol-
23 lowing:
24 ‘‘(H) CAPITAL EQUIPMENT AND DIRECTED
† HR 3684 EAS
1247
1 under subparagraph (A) may use funds made
2 available under this subsection for—
3 ‘‘(i) acquisition of equipment and cap-
4 ital projects related to testing low or no
5 emission vehicle components; or
6 ‘‘(ii) research related to advanced vehi-
7 cle technologies that provides advancements
8 to the entire public transportation industry.
9 ‘‘(I) COST SHARE.—The cost share for ac-
10 tivities described in subparagraph (H) shall be
11 subject to the terms in subsection (g).’’; and
12 (B) in paragraph (3), by inserting ‘‘, as ap-
13 plicable’’ before the period at the end.
14 (b) LOW OR NO EMISSION VEHICLE COMPONENT AS-
15 SESSMENT.—
† HR 3684 EAS
1248
1 United States Code, may be used for eligible activities
2 under section 5312(h) of that title.
3 (c) ACCELERATED IMPLEMENTATION AND DEPLOY-
4 MENT OF ADVANCED DIGITAL CONSTRUCTION MANAGE-
5 MENT SYSTEMS.—Section 5312(b) of title 49, United States
6 Code, is amended by adding at the end the following:
7 ‘‘(4) ACCELERATED IMPLEMENTATION AND DE-
9 MANAGEMENT SYSTEMS.—
† HR 3684 EAS
1249
1 and engineering, construction, operations,
2 and maintenance phases) that—
3 ‘‘(I) maximize interoperability
4 with other systems, products, tools, or
5 applications;
6 ‘‘(II) boost productivity;
7 ‘‘(III) manage complexity;
8 ‘‘(IV) reduce project delays and
9 cost overruns;
10 ‘‘(V) enhance safety and quality;
11 and
12 ‘‘(VI) reduce total costs for the en-
13 tire lifecycle of transportation infra-
14 structure assets;
15 ‘‘(ii) more timely and productive infor-
16 mation-sharing among stakeholders through
17 reduced reliance on paper to manage con-
18 struction processes and deliverables such as
19 blueprints, design drawings, procurement
20 and supply-chain orders, equipment logs,
21 daily progress reports, and punch lists;
22 ‘‘(iii) deployment of digital manage-
23 ment systems that enable and leverage the
24 use of digital technologies on construction
25 sites by contractors, such as state-of-the-art
† HR 3684 EAS
1250
1 automated and connected machinery and
2 optimized routing software that allows con-
3 struction workers to perform tasks faster,
4 safer, more accurately, and with minimal
5 supervision;
6 ‘‘(iv) the development and deployment
7 of best practices for use in digital construc-
8 tion management;
9 ‘‘(v) increased technology adoption and
10 deployment by States, local governmental
11 authorities, and designated recipients that
12 enables project sponsors—
13 ‘‘(I) to integrate the adoption of
14 digital management systems and tech-
15 nologies in contracts; and
16 ‘‘(II) to weigh the cost of
17 digitization and technology in setting
18 project budgets;
19 ‘‘(vi) technology training and work-
20 force development to build the capabilities of
21 project managers and sponsors that enables
22 States, local governmental authorities, or
23 designated recipients—
† HR 3684 EAS
1251
1 ‘‘(I) to better manage projects
2 using advanced construction manage-
3 ment technologies; and
4 ‘‘(II) to properly measure and re-
5 ward technology adoption across
6 projects;
7 ‘‘(vii) development of guidance to assist
8 States, local governmental authorities, and
9 designated recipients in updating regula-
10 tions to allow project sponsors and contrac-
11 tors—
12 ‘‘(I) to report data relating to the
13 project in digital formats; and
14 ‘‘(II) to fully capture the effi-
15 ciencies and benefits of advanced dig-
16 ital construction management systems
17 and related technologies;
18 ‘‘(viii) reduction in the environmental
19 footprint of construction projects using ad-
20 vanced digital construction management
21 systems resulting from elimination of con-
22 gestion through more efficient projects; and
23 ‘‘(ix) enhanced worker and pedestrian
24 safety resulting from increased trans-
25 parency.
† HR 3684 EAS
1252
1 ‘‘(C) PUBLICATION.—The reporting require-
2 ments for the accelerated implementation and de-
3 ployment of advanced digital construction man-
4 agement systems program established under sec-
5 tion 503(c)(5) of title 23 shall include data and
6 analysis collected under this section.’’.
7 SEC. 30008. BUS TESTING FACILITIES.
† HR 3684 EAS
1253
1 (C) in subparagraph (D), by inserting ‘‘or
2 the site-specific plan’’ after ‘‘comprehensive
3 plan’’; and
4 (D) in subparagraph (E)(iii), by inserting
5 ‘‘or the site-specific plan’’ after ‘‘comprehensive
6 plan’’.
7 SEC. 30010. GENERAL PROVISIONS.
22 PROGRAM.
† HR 3684 EAS
1254
1 ‘‘(f) INSURANCE.—Before receiving a grant under this
2 section following an emergency, an applicant shall—
3 ‘‘(1) submit to the Secretary documentation dem-
4 onstrating proof of insurance required under Federal
5 law for all structures related to the grant application;
6 and
7 ‘‘(2) certify to the Secretary that the applicant
8 has insurance required under State law for all struc-
9 tures related to the grant application.’’.
10 SEC. 30012. PUBLIC TRANSPORTATION SAFETY PROGRAM.
† HR 3684 EAS
1255
1 (I) in subclause (I), by striking
2 ‘‘and’’ at the end;
3 (II) in subclause (II), by adding
4 ‘‘and’’ at the end; and
5 (III) by adding at the end the fol-
6 lowing:
7 ‘‘(III) innovations in driver as-
8 sistance technologies and driver protec-
9 tion infrastructure, where appropriate,
10 and a reduction in visibility impair-
11 ments that contribute to pedestrian fa-
12 talities;’’;
13 (iii) in subparagraph (D)(ii)(V), by
14 striking ‘‘and’’ at the end;
15 (iv) in subparagraph (E), by striking
16 the period at the end and inserting ‘‘; and’’;
17 (v) by redesignating subparagraphs
18 (D) and (E) as subparagraphs (E) and (F),
19 respectively;
20 (vi) by inserting after subparagraph
21 (C) the following:
22 ‘‘(D) in consultation with the Secretary of
23 Health and Human Services, precautionary and
24 reactive actions required to ensure public and
† HR 3684 EAS
1256
1 personnel safety and health during an emergency
2 (as defined in section 5324(a));’’; and
3 (vii) by adding at the end the fol-
4 lowing:
5 ‘‘(G) consideration, where appropriate, of
6 performance-based and risk-based methodolo-
7 gies.’’; and
8 (B) by adding at the end the following:
9 ‘‘(3) PLAN UPDATES.—The Secretary shall up-
10 date the national public transportation safety plan
11 under paragraph (1) as necessary with respect to re-
12 cipients receiving assistance under section 5307 that
13 serve an urbanized area with a population of 200,000
14 or more.’’;
15 (2) in subsection (c)—
16 (A) by striking paragraph (2); and
17 (B) by striking the subsection designation
18 and heading and all that follows through ‘‘The
19 Secretary’’ in paragraph (1) and inserting the
20 following:
21 ‘‘(c) PUBLIC TRANSPORTATION SAFETY CERTIFI-
22 CATION TRAINING PROGRAM.—The Secretary’’;
23 (3) in subsection (d)—
24 (A) in paragraph (1)—
† HR 3684 EAS
1257
1 (i) in the matter preceding subpara-
2 graph (A), by striking ‘‘Effective 1 year’’
3 and all that follows through ‘‘each recipi-
4 ent’’ and inserting ‘‘Each recipient’’;
5 (ii) in subparagraph (A), by inserting
6 ‘‘, or, in the case of a recipient receiving as-
7 sistance under section 5307 that is serving
8 an urbanized area with a population of
9 200,000 or more, the safety committee of the
10 entity established under paragraph (5), fol-
11 lowed by the board of directors (or equiva-
12 lent entity) of the recipient approve,’’ after
13 ‘‘approve’’;
14 (iii) by redesignating subparagraphs
15 (B) through (G) as subparagraphs (C)
16 through (H), respectively;
17 (iv) by inserting after subparagraph
18 (A) the following:
19 ‘‘(B) for each recipient serving an urban-
20 ized area with a population of fewer than
21 200,000, a requirement that the agency safety
22 plan be developed in cooperation with frontline
23 employee representatives;’’;
24 (v) in subparagraph (D) (as so redesig-
25 nated), by inserting ‘‘, and consistent with
† HR 3684 EAS
1258
1 guidelines of the Centers for Disease Control
2 and Prevention or a State health authority,
3 minimize exposure to infectious diseases’’
4 after ‘‘public, personnel, and property to
5 hazards and unsafe conditions’’;
6 (vi) by striking subparagraph (F) (as
7 so redesignated) and inserting the following:
8 ‘‘(F) performance targets based on—
9 ‘‘(i) the safety performance criteria
10 and state of good repair standards estab-
11 lished under subparagraphs (A) and (B),
12 respectively, of subsection (b)(2); or
13 ‘‘(ii) in the case of a recipient receiv-
14 ing assistance under section 5307 that is
15 serving an urbanized area with a popu-
16 lation of 200,000 or more, safety perform-
17 ance measures established under the na-
18 tional public transportation safety plan, as
19 described in subsection (b)(2)(A);’’;
20 (vii) in subparagraph (G) (as so redes-
21 ignated), by striking ‘‘and’’ at the end; and
22 (viii) by striking subparagraph (H)
23 (as so redesignated) and inserting the fol-
24 lowing:
† HR 3684 EAS
1259
1 ‘‘(H) a comprehensive staff training pro-
2 gram for—
3 ‘‘(i) the operations personnel and per-
4 sonnel directly responsible for safety of the
5 recipient that includes—
6 ‘‘(I) the completion of a safety
7 training program; and
8 ‘‘(II) continuing safety education
9 and training; or
10 ‘‘(ii) in the case of a recipient receiv-
11 ing assistance under section 5307 that is
12 serving an urbanized area with a popu-
13 lation of 200,000 or more, the operations
14 and maintenance personnel and personnel
15 directly responsible for safety of the recipi-
16 ent that includes—
17 ‘‘(I) the completion of a safety
18 training program;
19 ‘‘(II) continuing safety education
20 and training; and
21 ‘‘(III) de-escalation training; and
22 ‘‘(I) in the case of a recipient receiving as-
23 sistance under section 5307 that is serving an
24 urbanized area with a population of 200,000 or
25 more, a risk reduction program for transit oper-
† HR 3684 EAS
1260
1 ations to improve safety by reducing the number
2 and rates of accidents, injuries, and assaults on
3 transit workers based on data submitted to the
4 national transit database under section 5335, in-
5 cluding—
6 ‘‘(i) a reduction of vehicular and pe-
7 destrian accidents involving buses that in-
8 cludes measures to reduce visibility impair-
9 ments for bus operators that contribute to
10 accidents, including retrofits to buses in
11 revenue service and specifications for future
12 procurements that reduce visibility impair-
13 ments; and
14 ‘‘(ii) the mitigation of assaults on
15 transit workers, including the deployment of
16 assault mitigation infrastructure and tech-
17 nology on buses, including barriers to re-
18 strict the unwanted entry of individuals
19 and objects into the workstations of bus op-
20 erators when a risk analysis performed by
21 the safety committee of the recipient estab-
22 lished under paragraph (5) determines that
23 such barriers or other measures would re-
24 duce assaults on transit workers and inju-
25 ries to transit workers.’’; and
† HR 3684 EAS
1261
1 (B) by adding at the end the following:
2 ‘‘(4) RISK REDUCTION PERFORMANCE TAR-
3 GETS.—
† HR 3684 EAS
1262
1 the following fiscal year to projects described in
2 subparagraph (D).
3 ‘‘(D) ELIGIBLE PROJECTS.—Funds set aside
4 under subparagraph (C) shall be used for
5 projects that are reasonably likely to assist the
6 recipient in meeting the performance targets es-
7 tablished in subparagraph (A), including modi-
8 fications to rolling stock and de-escalation train-
9 ing.
10 ‘‘(5) SAFETY COMMITTEE.—
† HR 3684 EAS
1263
1 ‘‘(II) management representatives;
2 and
3 ‘‘(iii) have, at a minimum, responsi-
4 bility for—
5 ‘‘(I) identifying and recom-
6 mending risk-based mitigations or
7 strategies necessary to reduce the likeli-
8 hood and severity of consequences iden-
9 tified through the agency’s safety risk
10 assessment;
11 ‘‘(II) identifying mitigations or
12 strategies that may be ineffective, inap-
13 propriate, or were not implemented as
14 intended; and
15 ‘‘(III) identifying safety defi-
16 ciencies for purposes of continuous im-
17 provement.
18 ‘‘(B) APPLICABILITY.—This paragraph ap-
19 plies only to a recipient receiving assistance
20 under section 5307 that is serving an urbanized
21 area with a population of 200,000 or more.’’;
22 (4) in subsection (e)—
23 (A) in paragraph (4)(A)(v), by inserting ‘‘,
24 inspection,’’ after ‘‘investigative’’; and
25 (B) by adding at the end the following:
† HR 3684 EAS
1264
1 ‘‘(11) EFFECTIVENESS OF ENFORCEMENT AU-
† HR 3684 EAS
1265
1 agency that the State safety oversight agency
2 oversees, shall establish policies and procedures
3 regarding the access of the State safety oversight
4 agency to conduct inspections of the rail fixed
5 guideway public transportation system, includ-
6 ing access for inspections that occur without ad-
7 vance notice to the rail fixed guideway public
8 transportation agency.
9 ‘‘(2) DATA COLLECTION.—
† HR 3684 EAS
1266
1 and complexity of the rail fixed guideway public
2 transportation system.
3 ‘‘(3) INCORPORATION.—Policies and procedures
4 established under this subsection shall be incorporated
5 into—
6 ‘‘(A) the State safety oversight program
7 standard adopted by a State safety oversight
8 agency under section 674.27 of title 49, Code of
9 Federal Regulations (or any successor regula-
10 tion); and
11 ‘‘(B) the public transportation agency safe-
12 ty plan established by a rail fixed guideway pub-
13 lic transportation agency under subsection (d).
14 ‘‘(4) ASSESSMENT BY SECRETARY.—In assessing
15 the capability of a State safety oversight agency to
16 conduct inspections as required under paragraph (1),
17 the Secretary shall ensure that—
18 ‘‘(A) the inspection practices of the State
19 safety oversight agency are commensurate with
20 the number, size, and complexity of the rail fixed
21 guideway public transportation systems that the
22 State safety oversight agency oversees;
23 ‘‘(B) the inspection program of the State
24 safety oversight agency is risk-based; and
† HR 3684 EAS
1267
1 ‘‘(C) the State safety oversight agency has
2 sufficient resources to conduct the inspections.
3 ‘‘(5) SPECIAL DIRECTIVE.—The Secretary shall
4 issue a special directive to each State safety oversight
5 agency on the development and implementation of
6 risk-based inspection programs under this subsection.
7 ‘‘(6) ENFORCEMENT.—The Secretary may use
8 any authority under this section, including any en-
9 forcement action authorized under subsection (g), to
10 ensure the compliance of a State safety oversight
11 agency or State safety oversight program with this
12 subsection.’’.
13 (b) DEADLINE; EFFECTIVE DATE.—
14 (1) SPECIAL DIRECTIVE ON RISK-BASED INSPEC-
† HR 3684 EAS
1268
1 State safety oversight agency under paragraph (5) of
2 that section 5329(k).
3 (c) NO EFFECT ON INITIAL CERTIFICATION PROC-
4 ESS.—Nothing in this section or the amendments made by
5 this section affects the requirements for initial approval of
6 a State safety oversight program, including the initial
7 deadline, under section 5329(e)(3) of title 49, United States
8 Code.
9 SEC. 30013. ADMINISTRATIVE PROVISIONS.
† HR 3684 EAS
1269
1 erwise disposed of at the end of the service
2 life of the rolling stock, equipment, or sup-
3 plies without any obligation to reimburse
4 the Federal Transit Administration.
5 ‘‘(ii) FAIR MARKET VALUE OF MORE
6 THAN $5,000.—
† HR 3684 EAS
1270
1 ‘‘(AA) $5,000; and
2 ‘‘(BB) of the remaining
3 proceeds, a percentage of the
4 amount equal to the non-
5 Federal share expended by
6 the recipient in making the
7 original purchase; and
8 ‘‘(bb) any amounts remain-
9 ing after application of item (aa)
10 shall be returned to the Federal
11 Transit Administration.
12 ‘‘(iii) ROLLING STOCK AND EQUIPMENT
† HR 3684 EAS
1271
1 (1) in subsection (a), in the first sentence, by in-
2 serting ‘‘geographic service area coverage,’’ after ‘‘op-
3 erating,’’; and
4 (2) by striking subsection (c) and inserting the
5 following:
6 ‘‘(c) DATA REQUIRED TO BE REPORTED.—Each re-
7 cipient of a grant under this chapter shall report to the
8 Secretary, for inclusion in the national transit database
9 under this section—
10 ‘‘(1) any information relating to a transit asset
11 inventory or condition assessment conducted by the
12 recipient;
13 ‘‘(2) any data on assaults on transit workers of
14 the recipients; and
15 ‘‘(3) any data on fatalities that result from an
16 impact with a bus.’’.
17 SEC. 30015. APPORTIONMENT OF APPROPRIATIONS FOR
18 FORMULA GRANTS.
† HR 3684 EAS
1272
1 (1) IN GENERAL.—Section 5336(h)(4) of title 49,
2 United States Code, is amended by striking ‘‘0.5 per-
3 cent’’ and inserting ‘‘0.75 percent’’.
4 (2) APPLICABILITY.—The amendment made by
5 paragraph (1) shall apply with respect to fiscal year
6 2022 and each fiscal year thereafter.
7 SEC. 30016. STATE OF GOOD REPAIR GRANTS.
† HR 3684 EAS
1273
1 ‘‘(A) the size of the rail system of the appli-
2 cant;
3 ‘‘(B) the amount of funds available to the
4 applicant under this subsection;
5 ‘‘(C) the age and condition of the rail roll-
6 ing stock of the applicant that has exceeded or
7 will exceed the useful service life of the rail roll-
8 ing stock in the 5-year period following the
9 grant; and
10 ‘‘(D) whether the applicant has identified
11 replacement of the rail vehicles as a priority in
12 the investment prioritization portion of the tran-
13 sit asset management plan of the recipient pur-
14 suant to part 625 of title 49, Code of Federal
15 Regulations (or successor regulations).
16 ‘‘(5) MAXIMUM SHARE OF COMPETITIVE GRANT
† HR 3684 EAS
1274
1 ‘‘(A) IN GENERAL.—An eligible project for
2 which a grant is provided under this subsection
3 may be carried out through a multi-year grant
4 agreement in accordance with this paragraph.
5 ‘‘(B) REQUIREMENTS.—A multi-year grant
6 agreement under this paragraph shall—
7 ‘‘(i) establish the terms of participa-
8 tion by the Federal Government in the
9 project; and
10 ‘‘(ii) establish the maximum amount of
11 Federal financial assistance for the project
12 that may be provided through grant pay-
13 ments to be provided in not more than 3
14 consecutive fiscal years.
15 ‘‘(C) FINANCIAL RULES.—A multi-year
16 grant agreement under this paragraph—
17 ‘‘(i) shall obligate an amount of avail-
18 able budget authority specified in law; and
19 ‘‘(ii) may include a commitment, con-
20 tingent on amounts to be specified in law in
21 advance for commitments under this para-
22 graph, to obligate an additional amount
23 from future available budget authority spec-
24 ified in law.
† HR 3684 EAS
1275
1 ‘‘(D) STATEMENT OF CONTINGENT COMMIT-
† HR 3684 EAS
1276
1 ‘‘(2) ALLOCATION OF FUNDS.—Of the amounts
2 made available under paragraph (1)—
3 ‘‘(A) $184,647,343 for fiscal year 2022,
4 $188,504,820 for fiscal year 2023, $193,426,906
5 for fiscal year 2024, $197,422,644 for fiscal year
6 2025, and $202,441,512 for fiscal year 2026
7 shall be available to carry out section 5305;
8 ‘‘(B) $13,157,184 for fiscal year 2022,
9 $13,432,051 for fiscal year 2023, $13,782,778 for
10 fiscal year 2024, $14,067,497 for fiscal year
11 2025, and $14,425,121 for fiscal year 2026 shall
12 be available to carry out section 20005(b) of the
13 Federal Public Transportation Act of 2012 (49
14 U.S.C. 5303 note; Public Law 112–141);
15 ‘‘(C) $6,408,288,249 for fiscal year 2022,
16 $6,542,164,133 for fiscal year 2023,
17 $6,712,987,840 for fiscal year 2024,
18 $6,851,662,142 for fiscal year 2025, and
19 $7,025,844,743 for fiscal year 2026 shall be allo-
20 cated in accordance with section 5336 to provide
21 financial assistance for urbanized areas under
22 section 5307;
23 ‘‘(D) $371,247,094 for fiscal year 2022,
24 $379,002,836 for fiscal year 2023, $388,899,052
25 for fiscal year 2024, $396,932,778 for fiscal year
† HR 3684 EAS
1277
1 2025, and $407,023,583 for fiscal year 2026
2 shall be available to provide financial assistance
3 for services for the enhanced mobility of seniors
4 and individuals with disabilities under section
5 5310;
6 ‘‘(E) $4,605,014 for fiscal year 2022,
7 $4,701,218 for fiscal year 2023, $4,823,972 for
8 fiscal year 2024, $4,923,624 for fiscal year 2025,
9 and $5,048,792 for fiscal year 2026 shall be
10 available for the pilot program for innovative co-
11 ordinated access and mobility under section
12 3006(b) of the Federal Public Transportation Act
13 of 2015 (49 U.S.C. 5310 note; Public Law 114–
14 94);
15 ‘‘(F) $875,289,555 for fiscal year 2022,
16 $893,575,275 for fiscal year 2023, $916,907,591
17 for fiscal year 2024, $935,848,712 for fiscal year
18 2025, and $959,639,810 for fiscal year 2026
19 shall be available to provide financial assistance
20 for rural areas under section 5311;
21 ‘‘(G) $36,840,115 for fiscal year 2022,
22 $37,609,743 for fiscal year 2023, $38,591,779 for
23 fiscal year 2024, $39,388,993 for fiscal year
24 2025, and $40,390,337 for fiscal year 2026 shall
† HR 3684 EAS
1278
1 be available to carry out section 5312, of
2 which—
3 ‘‘(i) $5,000,000 for fiscal year 2022,
4 $5,104,455 for fiscal year 2023, $5,237,739
5 for fiscal year 2024, $5,345,938 for fiscal
6 year 2025, and $5,481,842 for fiscal year
7 2026 shall be available to carry out section
8 5312(h); and
9 ‘‘(ii) $6,578,592 for fiscal year 2022,
10 $6,716,026 for fiscal year 2023, $6,891,389
11 for fiscal year 2024, $7,033,749 for fiscal
12 year 2025, and $7,212,560 for fiscal year
13 2026 shall be available to carry out section
14 5312(i);
15 ‘‘(H) $11,841,465 for fiscal year 2022,
16 $12,088,846 for fiscal year 2023, $12,404,500 for
17 fiscal year 2024, $12,660,748 for fiscal year
18 2025, and $12,982,608 for fiscal year 2026 shall
19 be available to carry out section 5314, of which
20 $6,578,592 for fiscal year 2022, $6,716,026 for
21 fiscal year 2023, $6,891,389 for fiscal year 2024,
22 $7,033,749 for fiscal year 2025, and $7,212,560
23 for fiscal year 2026 shall be available for the na-
24 tional transit institute under section 5314(c);
† HR 3684 EAS
1279
1 ‘‘(I) $5,000,000 for fiscal year 2022,
2 $5,104,455 for fiscal year 2023, $5,237,739 for
3 fiscal year 2024, $5,345,938 for fiscal year 2025,
4 and $5,481,842 for fiscal year 2026 shall be
5 available for bus testing under section 5318;
6 ‘‘(J) $131,000,000 for fiscal year 2022,
7 $134,930,000 for fiscal year 2023, $138,977,900
8 for fiscal year 2024, $143,147,237 for fiscal year
9 2025, and $147,441,654 for fiscal year 2026
10 shall be available to carry out section 5334;
11 ‘‘(K) $5,262,874 for fiscal year 2022,
12 $5,372,820 for fiscal year 2023, $5,513,111 for
13 fiscal year 2024, $5,626,999 for fiscal year 2025,
14 and $5,770,048 for fiscal year 2026 shall be
15 available to carry out section 5335;
16 ‘‘(L) $3,515,528,226 for fiscal year 2022,
17 $3,587,778,037 for fiscal year 2023,
18 $3,680,934,484 for fiscal year 2024,
19 $3,755,675,417 for fiscal year 2025, and
20 $3,850,496,668 for fiscal year 2026 shall be
21 available to carry out section 5337, of which
22 $300,000,000 for each of fiscal years 2022
23 through 2026 shall be available to carry out sec-
24 tion 5337(f);
† HR 3684 EAS
1280
1 ‘‘(M) $603,992,657 for fiscal year 2022,
2 $616,610,699 for fiscal year 2023, $632,711,140
3 for fiscal year 2024, $645,781,441 for fiscal year
4 2025, and $662,198,464 for fiscal year 2026
5 shall be available for the bus and buses facilities
6 program under section 5339(a);
7 ‘‘(N) $447,257,433 for fiscal year 2022,
8 $456,601,111 for fiscal year 2023, $468,523,511
9 for fiscal year 2024, $478,202,088 for fiscal year
10 2025, and $490,358,916 for fiscal year 2026
11 shall be available for buses and bus facilities
12 competitive grants under section 5339(b) and no
13 or low emission grants under section 5339(c), of
14 which $71,561,189 for fiscal year 2022,
15 $73,056,178 for fiscal year 2023, $74,963,762 for
16 fiscal year 2024, $76,512,334 for fiscal year
17 2025, and $78,457,427 for fiscal year 2026 shall
18 be available to carry out section 5339(c); and
19 ‘‘(O) $741,042,792 for fiscal year 2022,
20 $756,523,956 for fiscal year 2023, $776,277,698
21 for fiscal year 2024, $792,313,742 for fiscal year
22 2025, and $812,455,901 for fiscal year 2026, to
23 carry out section 5340 to provide financial as-
24 sistance for urbanized areas under section 5307
25 and rural areas under section 5311, of which—
† HR 3684 EAS
1281
1 ‘‘(i) $392,752,680 for fiscal year 2022,
2 $400,957,696 for fiscal year 2023,
3 $411,427,180 for fiscal year 2024,
4 $419,926,283 for fiscal year 2025, and
5 $430,601,628 for fiscal year 2026 shall be
6 for growing States under section 5340(c);
7 and
8 ‘‘(ii) $348,290,112 for fiscal year 2022,
9 $355,566,259 for fiscal year 2023,
10 $364,850,518 for fiscal year 2024,
11 $372,387,459 for fiscal year 2025, and
12 $381,854,274 for fiscal year 2026 shall be
13 for high density States under section
14 5340(d).
15 ‘‘(b) CAPITAL INVESTMENT GRANTS.—There are au-
16 thorized to be appropriated to carry out section 5309 of this
17 title and section 3005(b) of the Federal Public Transpor-
18 tation Act of 2015 (49 U.S.C. 5309 note; Public Law 114–
19 94), $3,000,000,000 for each of fiscal years 2022 through
20 2026.
21 ‘‘(c) OVERSIGHT.—
22 ‘‘(1) IN GENERAL.—Of the amounts made avail-
23 able to carry out this chapter for a fiscal year, the
24 Secretary may use not more than the following
25 amounts for the activities described in paragraph (2):
† HR 3684 EAS
1282
1 ‘‘(A) 0.5 percent of amounts made available
2 to carry out section 5305.
3 ‘‘(B) 0.75 percent of amounts made avail-
4 able to carry out section 5307.
5 ‘‘(C) 1 percent of amounts made available
6 to carry out section 5309.
7 ‘‘(D) 1 percent of amounts made available
8 to carry out section 601 of the Passenger Rail
9 Investment and Improvement Act of 2008 (Pub-
10 lic Law 110–432; 126 Stat. 4968).
11 ‘‘(E) 0.5 percent of amounts made available
12 to carry out section 5310.
13 ‘‘(F) 0.5 percent of amounts made available
14 to carry out section 5311.
15 ‘‘(G) 1 percent of amounts made available
16 to carry out section 5337, of which not less than
17 0.25 percent of amounts made available for this
18 subparagraph shall be available to carry out sec-
19 tion 5329.
20 ‘‘(H) 0.75 percent of amounts made avail-
21 able to carry out section 5339.
22 ‘‘(2) ACTIVITIES.—The activities described in
23 this paragraph are as follows:
24 ‘‘(A) Activities to oversee the construction of
25 a major capital project.
† HR 3684 EAS
1283
1 ‘‘(B) Activities to review and audit the safe-
2 ty and security, procurement, management, and
3 financial compliance of a recipient or sub-
4 recipient of funds under this chapter.
5 ‘‘(C) Activities to provide technical assist-
6 ance generally, and to provide technical assist-
7 ance to correct deficiencies identified in compli-
8 ance reviews and audits carried out under this
9 section.
10 ‘‘(D) Activities to carry out section 5334.
11 ‘‘(3) GOVERNMENT SHARE OF COSTS.—The Gov-
12 ernment shall pay the entire cost of carrying out a
13 contract under this subsection.
14 ‘‘(4) AVAILABILITY OF CERTAIN FUNDS.—Funds
† HR 3684 EAS
1284
1 tion of the Government to pay the Government share
2 of the cost of the project.
3 ‘‘(2) GRANTS FINANCED FROM GENERAL FUND.—
† HR 3684 EAS
1285
1 (B) by adding at the end the following:
2 ‘‘(10) MAXIMIZING USE OF FUNDS.—
† HR 3684 EAS
1286
1 ‘‘(B) UNUTILIZED AMOUNTS.—The Sec-
2 retary may use less than 15 percent of the
3 amounts made available under this subsection in
4 a fiscal year for the projects described in sub-
5 paragraph (A) if the Secretary cannot meet the
6 requirement of that subparagraph due to insuffi-
7 cient eligible applications.’’; and
8 (B) by adding at the end the following:
9 ‘‘(9) COMPETITIVE PROCESS.—The Secretary
10 shall—
11 ‘‘(A) not later than 30 days after the date
12 on which amounts are made available for obliga-
13 tion under this subsection for a full fiscal year,
14 solicit grant applications for eligible projects on
15 a competitive basis; and
16 ‘‘(B) award a grant under this subsection
17 based on the solicitation under subparagraph (A)
18 not later than the earlier of—
19 ‘‘(i) 75 days after the date on which
20 the solicitation expires; or
21 ‘‘(ii) the end of the fiscal year in which
22 the Secretary solicited the grant applica-
23 tions.
24 ‘‘(10) CONTINUED USE OF PARTNERSHIPS.—
† HR 3684 EAS
1287
1 ‘‘(A) IN GENERAL.—An eligible recipient of
2 a grant under this subsection may submit an ap-
3 plication in partnership with other entities, in-
4 cluding a transit vehicle manufacturer that in-
5 tends to participate in the implementation of a
6 project under this subsection and subsection (c).
7 ‘‘(B) COMPETITIVE PROCUREMENT.—
† HR 3684 EAS
1288
1 (3) in subsection (c)—
2 (A) in paragraph (3)—
3 (i) by amending subparagraph (A) to
4 read as follows:
5 ‘‘(A) IN GENERAL.—A grant under this sub-
6 section shall be subject to—
7 ‘‘(i) with respect to eligible recipients
8 in urbanized areas, section 5307; and
9 ‘‘(ii) with respect to eligible recipients
10 in rural areas, section 5311.’’; and
11 (ii) by adding at the end the following:
12 ‘‘(D) FLEET TRANSITION PLAN.—In award-
13 ing grants under this subsection or under sub-
14 section (b) for projects related to zero emission
15 vehicles, the Secretary shall require the applicant
16 to submit a zero emission transition plan, which,
17 at a minimum—
18 ‘‘(i) demonstrates a long-term fleet
19 management plan with a strategy for how
20 the applicant intends to use the current ap-
21 plication and future acquisitions;
22 ‘‘(ii) addresses the availability of cur-
23 rent and future resources to meet costs;
24 ‘‘(iii) considers policy and legislation
25 impacting technologies;
† HR 3684 EAS
1289
1 ‘‘(iv) includes an evaluation of existing
2 and future facilities and their relationship
3 to the technology transition;
4 ‘‘(v) describes the partnership of the
5 applicant with the utility or alternative fuel
6 provider of the applicant; and
7 ‘‘(vi) examines the impact of the tran-
8 sition on the applicant’s current workforce
9 by identifying skill gaps, training needs,
10 and retraining needs of the existing workers
11 of the applicant to operate and maintain
12 zero emission vehicles and related infra-
13 structure and avoids the displacement of the
14 existing workforce.’’;
15 (B) by striking paragraph (5) and inserting
16 the following:
17 ‘‘(5) CONSIDERATION.—In awarding grants
18 under this subsection, the Secretary—
19 ‘‘(A) shall consider eligible projects relating
20 to the acquisition or leasing of low or no emis-
21 sion buses or bus facilities that make greater re-
22 ductions in energy consumption and harmful
23 emissions, including direct carbon emissions,
24 than comparable standard buses or other low or
25 no emission buses; and
† HR 3684 EAS
1290
1 ‘‘(B) shall, for no less than 25 percent of the
2 funds made available to carry out this sub-
3 section, only consider eligible projects related to
4 the acquisition of low or no emission buses or
5 bus facilities other than zero emission vehicles
6 and related facilities.’’; and
7 (C) by adding at the end the following:
8 ‘‘(8) CONTINUED USE OF PARTNERSHIPS.—
† HR 3684 EAS
1291
1 tion 5314(b)(2) (including registered apprenticeships and
2 other labor-management training programs) under the re-
3 cipient’s plan to address the impact of the transition to zero
4 emission vehicles on the applicant’s current workforce under
5 subsection (c)(3)(D), unless the recipient certifies a smaller
6 percentage is necessary to carry out that plan.’’.
7 SEC. 30019. WASHINGTON METROPOLITAN AREA TRANSIT
9 INVESTMENT.
† HR 3684 EAS
1292
1 (iv) the Committee on Oversight and Re-
2 form of the House of Representatives;
3 (B)(i) the Governor of Maryland;
4 (ii) the President of the Maryland Senate;
5 and
6 (iii) the Speaker of the Maryland House of
7 Delegates;
8 (C)(i) the Governor of Virginia;
9 (ii) the President of the Virginia Senate;
10 and
11 (iii) the Speaker of the Virginia House of
12 Delegates;
13 (D)(i) the Mayor of the District of Colum-
14 bia; and
15 (ii) the Chairman of the Council of the Dis-
16 trict of Columbia; and
17 (E) the Chairman of the Northern Virginia
18 Transportation Commission.
19 (4) INSPECTOR GENERAL; OFFICE OF THE IN-
† HR 3684 EAS
1293
1 Transit Authority established under Article III of the
2 Compact.
3 (b) REAUTHORIZATION OF CAPITAL AND PREVENTIVE
4 MAINTENANCE GRANTS TO WASHINGTON METROPOLITAN
5 AREA TRANSIT AUTHORITY.—Section 601(f) of the Pas-
6 senger Rail Investment and Improvement Act of 2008 (divi-
7 sion B of Public Law 110–432; 122 Stat. 4970) is amended
8 by striking ‘‘an aggregate amount’’ and all that follows
9 through the period at the end and inserting ‘‘$150,000,000
10 for each of fiscal years 2022 through 2030.’’.
11 (c) FUNDS FOR WASHINGTON METROPOLITAN AREA
12 TRANSIT AUTHORITY’S INSPECTOR GENERAL.—Title VI of
13 the Passenger Rail Investment and Improvement Act of
14 2008 (division B of Public Law 110–432; 122 Stat. 4968)
15 is amended by adding at the end the following:
16 ‘‘SEC. 602. FUNDING FOR INSPECTOR GENERAL.
† HR 3684 EAS
1294
1 ‘‘(3) TRANSIT AUTHORITY.—The term ‘Transit
2 Authority’ has the meaning given the term in section
3 601(a)(2).
4 ‘‘(b) FUNDING FOR OFFICE OF INSPECTOR GENERAL
5 OF THE WASHINGTON METROPOLITAN AREA TRANSIT AU-
6 THORITY.—Subject to subsection (c), of the amounts author-
7 ized to be appropriated for a fiscal year under section
8 601(f), the Secretary shall use $5,000,000 for grants to the
9 Transit Authority for use exclusively by the Office of Inspec-
10 tor General of the Transit Authority for the operations of
11 the Office in accordance with Section 9 of Article III of
12 the Compact, to remain available until expended.
13 ‘‘(c) MATCHING INSPECTOR GENERAL FUNDS RE-
14 QUIRED FROM TRANSIT AUTHORITY.—The Secretary may
15 not provide any amounts to the Transit Authority for a
16 fiscal year under subsection (b) until the Transit Authority
17 notifies the Secretary that the Transit Authority has made
18 available $5,000,000 in non-Federal funds for that fiscal
19 year for use exclusively by the Office of Inspector General
20 of the Transit Authority for the operations of the Office in
21 accordance with Section 9 of Article III of the Compact.’’.
22 (d) REFORMS TO OFFICE OF INSPECTOR GENERAL.—
23 (1) SENSE OF CONGRESS.—Congress recognizes
24 the importance of the Transit Authority having a
25 strong and independent Office of Inspector General,
† HR 3684 EAS
1295
1 as codified in subsections (a) and (d) of Section 9 of
2 Article III of the Compact.
3 (2) REFORMS.—The Secretary of Transportation
4 may not provide any amounts to the Transit Author-
5 ity under section 601(f) of the Passenger Rail Invest-
6 ment and Improvement Act of 2008 (division B of
7 Public Law 110–432; 122 Stat. 4968) (as amended by
8 subsection (b)), until the Secretary of Transportation
9 certifies that the Board has passed a resolution that—
10 (A) provides that, for each fiscal year, the
11 Office of Inspector General shall transmit a
12 budget estimate and request to the Board speci-
13 fying the aggregate amount of funds requested for
14 the fiscal year for the operations of the Office of
15 Inspector General;
16 (B) delegates to the Inspector General, to
17 the extent possible under the Compact and in ac-
18 cordance with each applicable Federal law or
19 regulation, contracting officer authority, subject
20 to the requirement that the Inspector General ex-
21 ercise that authority—
22 (i) in accordance with Section 73 of
23 Article XVI of the Compact, after working
24 with the Transit Authority to amend pro-
25 curement policies and procedures to give the
† HR 3684 EAS
1296
1 Inspector General approving authority for
2 exceptions to those policies and procedures;
3 and
4 (ii) only as is necessary to carry out
5 the duties of the Office of Inspector General;
6 (C) delegates to the Inspector General, to the
7 extent possible under the Compact and in ac-
8 cordance with each applicable Federal law or
9 regulation—
10 (i) the authority to select, appoint, and
11 employ such officers and employees as may
12 be necessary for carrying out the duties of
13 the Office of Inspector General, subject to
14 the requirement that the Inspector General
15 exercise that authority in accordance
16 with—
17 (I) subsections (g) and (h) of Sec-
18 tion 12 of Article V of the Compact;
19 and
20 (II) personnel policies and proce-
21 dures of the Transit Authority; and
22 (ii) approving authority, subject to the
23 approval of the Board, for exceptions to
24 policies that impact the independence of the
25 Office of Inspector General, but those excep-
† HR 3684 EAS
1297
1 tions may not include the use of employee
2 benefits and pension plans other than the
3 employee benefits and pension plans of the
4 Transit Authority;
5 (D)(i) ensures that the Inspector General
6 obtains legal advice from a counsel reporting di-
7 rectly to the Inspector General; and
8 (ii) prohibits the counsel described in clause
9 (i) from—
10 (I) providing legal advice for or on be-
11 half of the Transit Authority;
12 (II) issuing a legal opinion on behalf
13 of the Transit Authority or making a state-
14 ment about a legal position of the Transit
15 Authority; or
16 (III) waiving any privilege or protec-
17 tion from disclosure on any matter under
18 the jurisdiction of the Transit Authority;
19 and
20 (E) requires the Inspector General to—
21 (i) post any report containing a rec-
22 ommendation for corrective action to the
23 website of the Office of Inspector General
24 not later than 3 days after the report is sub-
† HR 3684 EAS
1298
1 mitted in final form to the Board, except
2 that—
3 (I) the Inspector General shall, if
4 required by law or otherwise appro-
5 priate, redact—
6 (aa) personally identifiable
7 information;
8 (bb) legally privileged infor-
9 mation;
10 (cc) information legally pro-
11 hibited from disclosure; and
12 (dd) information that, in the
13 determination of the Inspector
14 General, would pose a security
15 risk to the systems of the Transit
16 Authority; and
17 (II) with respect to any investiga-
18 tive findings in a case involving ad-
19 ministrative misconduct, whether in-
20 cluded in a recommendation or other-
21 wise, the Inspector General shall pub-
22 lish only a summary of the findings,
23 which summary shall be redacted in
24 accordance with the procedures set
25 forth in subclause (I);
† HR 3684 EAS
1299
1 (ii) submit a semiannual report con-
2 taining recommendations of corrective ac-
3 tion to the Board, which the Board shall
4 transmit not later than 30 days after re-
5 ceipt of the report, together with any com-
6 ments the Board determines appropriate,
7 to—
8 (I) each covered recipient de-
9 scribed in subsection (a)(3)(A); and
10 (II) any other recipients that the
11 Board determines appropriate; and
12 (iii) not later than 2 years after the
13 date of enactment of this Act and 5 years
14 after the date of enactment of this Act, sub-
15 mit to each covered recipient a report
16 that—
17 (I) describes the implementation
18 by the Transit Authority of the reforms
19 required under, and the use by the
20 Transit Authority of the funding au-
21 thorized under—
22 (aa) chapter 34 of title 33.2
23 of the Code of Virginia;
† HR 3684 EAS
1300
1 (bb) section 10–205 of the
2 Transportation Article of the Code
3 of Maryland; and
4 (cc) section 6002 of the Dedi-
5 cated WMATA Funding and Tax
6 Changes Affecting Real Property
7 and Sales Amendment Act of 2018
8 (1–325.401, D.C. Official Code);
9 and
10 (II) contains—
11 (aa) an assessment of the ef-
12 fective use of the funding described
13 in subclause (I) to address major
14 capital improvement projects;
15 (bb) a discussion of compli-
16 ance with strategic plan dead-
17 lines;
18 (cc) an examination of com-
19 pliance with the reform require-
20 ments under the laws described in
21 subclause (I), including identi-
22 fying any challenges to compli-
23 ance or implementation; and
† HR 3684 EAS
1301
1 (dd) recommendations to the
2 Transit Authority to improve im-
3 plementation.
4 (e) CAPITAL PROGRAM AND PLANNING.—
5 (1) CAPITAL PLANNING PROCEDURES.—The
† HR 3684 EAS
1302
1 (i) asset inventory and condition as-
2 sessment procedures; and
3 (ii) procedures to develop a data set of
4 track, guideway, and infrastructure sys-
5 tems, including tunnels, bridges, and com-
6 munications assets, that complies with the
7 transit asset management regulations of the
8 Secretary of Transportation under part 625
9 of title 49, Code of Federal Regulations (or
10 successor regulations); and
11 (C) performance measures, aligned with the
12 strategic goals of the Transit Authority, to assess
13 the effectiveness and outcomes of major capital
14 projects.
15 (2) ANNUAL REPORT.—As a condition of receiv-
16 ing amounts under section 602(b) of the Passenger
17 Rail Investment and Improvement Act of 2008 (divi-
18 sion B of Public Law 110–432; 122 Stat. 4968) (as
19 added by subsection (c)), the Transit Authority shall
20 submit an annual report detailing the Capital Im-
21 provement Program of the Transit Agency approved
22 by the Board and compliance with the transit asset
23 management regulations of the Secretary of Transpor-
24 tation under part 625 of title 49, Code of Federal
25 Regulations (or successor regulations), to—
† HR 3684 EAS
1303
1 (A) each covered recipient; and
2 (B) any other recipient that the Board de-
3 termines appropriate.
4 (f) SENSE OF CONGRESS.—It is the sense of Congress
5 that the Transit Authority should—
6 (1) continue to prioritize the implementation of
7 new technological systems that include robust cyberse-
8 curity protections; and
9 (2) prioritize continued integration of new wire-
10 less services and emergency communications networks,
11 while also leveraging partnerships with mobility serv-
12 ices to improve the competitiveness of the core busi-
13 ness.
14 (g) ADDITIONAL REPORTING.—
15 (1) IN GENERAL.—Not later than 3 years after
16 the date of enactment of this Act, the Comptroller
17 General of the United States shall submit to the con-
18 gressional committees described in paragraph (2) a
19 report that—
20 (A) assesses whether the reforms required
21 under subsection (d) (relating to strengthening
22 the independence of the Office of Inspector Gen-
23 eral) have been implemented; and
24 (B) assesses—
† HR 3684 EAS
1304
1 (i) whether the reforms required under
2 subsection (g) have been implemented; and
3 (ii) the impact of those reforms on the
4 capital planning process of the Transit Au-
5 thority.
6 (2) CONGRESSIONAL COMMITTEES.—The congres-
7 sional committees described in this paragraph are—
8 (A) the Committee on Banking, Housing,
9 and Urban Affairs of the Senate;
10 (B) the Committee on Homeland Security
11 and Governmental Affairs of the Senate;
12 (C) the Committee on Transportation and
13 Infrastructure of the House of Representatives;
14 and
15 (D) the Committee on Oversight and Re-
16 form of the House of Representatives.
17 DIVISION D—ENERGY
18 SEC. 40001. DEFINITIONS.
19 In this division:
20 (1) DEPARTMENT.—The term ‘‘Department’’
21 means the Department of Energy.
22 (2) INDIAN TRIBE.—The term ‘‘Indian Tribe’’
23 has the meaning given the term in section 4 of the In-
24 dian Self-Determination and Education Assistance
25 Act (25 U.S.C. 5304).
† HR 3684 EAS
1305
1 (3) SECRETARY.—The term ‘‘Secretary’’ means
2 the Secretary of Energy.
3 TITLE I—GRID INFRASTRUC-
4 TURE AND RESILIENCY
5 Subtitle A—Grid Infrastructure
6 Resilience and Reliability
7 SEC. 40101. PREVENTING OUTAGES AND ENHANCING THE
† HR 3684 EAS
1306
1 (3) NATURAL DISASTER.—The term ‘‘natural
2 disaster’’ has the meaning given the term in section
3 602(a) of the Robert T. Stafford Disaster Relief and
4 Emergency Assistance Act (42 U.S.C. 5195a(a)).
5 (4) POWER LINE.—The term ‘‘power line’’ in-
6 cludes a transmission line or a distribution line, as
7 applicable.
8 (5) PROGRAM.—The term ‘‘program’’ means the
9 program established under subsection (b).
10 (b) ESTABLISHMENT OF PROGRAM.—Not later than
11 180 days after the date of enactment of this Act, the Sec-
12 retary shall establish a program under which the Secretary
13 shall make grants to eligible entities, States, and Indian
14 Tribes in accordance with this section.
15 (c) GRANTS TO ELIGIBLE ENTITIES.—
16 (1) IN GENERAL.—The Secretary may make a
17 grant under the program to an eligible entity to carry
18 out activities that—
19 (A) are supplemental to existing hardening
20 efforts of the eligible entity planned for any
21 given year; and
22 (B)(i) reduce the risk of any power lines
23 owned or operated by the eligible entity causing
24 a wildfire; or
† HR 3684 EAS
1307
1 (ii) increase the ability of the eligible entity
2 to reduce the likelihood and consequences of dis-
3 ruptive events.
4 (2) APPLICATION.—
5 (A) IN GENERAL.—An eligible entity desir-
6 ing a grant under the program shall submit to
7 the Secretary an application at such time, in
8 such manner, and containing such information
9 as the Secretary may require.
10 (B) REQUIREMENT.—As a condition of re-
11 ceiving a grant under the program, an eligible
12 entity shall submit to the Secretary, as part of
13 the application of the eligible entity submitted
14 under subparagraph (A), a report detailing past,
15 current, and future efforts by the eligible entity
16 to reduce the likelihood and consequences of dis-
17 ruptive events.
18 (3) LIMITATION.—The Secretary may not award
19 a grant to an eligible entity in an amount that is
20 greater than the total amount that the eligible entity
21 has spent in the previous 3 years on efforts to reduce
22 the likelihood and consequences of disruptive events.
23 (4) PRIORITY.—In making grants to eligible en-
24 tities under the program, the Secretary shall give pri-
25 ority to projects that, in the determination of the Sec-
† HR 3684 EAS
1308
1 retary, will generate the greatest community benefit
2 (whether rural or urban) in reducing the likelihood
3 and consequences of disruptive events.
4 (5) SMALL UTILITIES SET ASIDE.—The Secretary
5 shall ensure that not less than 30 percent of the
6 amounts made available to eligible entities under the
7 program are made available to eligible entities that
8 sell not more than 4,000,000 megawatt hours of elec-
9 tricity per year.
10 (d) GRANTS TO STATES AND INDIAN TRIBES.—
11 (1) IN GENERAL.—The Secretary, in accordance
12 with this subsection, may make grants under the pro-
13 gram to States and Indian Tribes, which each State
14 or Indian Tribe may use to award grants to eligible
15 entities.
16 (2) ANNUAL APPLICATION.—
† HR 3684 EAS
1309
1 (i) describe the criteria and methods
2 that will be used by the State or Indian
3 Tribe to award grants to eligible entities;
4 (ii) be adopted after notice and a pub-
5 lic hearing; and
6 (iii) describe the proposed funding dis-
7 tributions and recipients of the grants to be
8 provided by the State or Indian Tribe.
9 (3) DISTRIBUTION OF FUNDS.—
† HR 3684 EAS
1310
1 (iii) The probability of disruptive
2 events in the State or on the land of the In-
3 dian Tribe during the previous 10 years, as
4 determined based on the number of federally
5 declared disasters or emergencies in the
6 State or on the land of the Indian Tribe, as
7 applicable, including—
8 (I) disasters for which Fire Man-
9 agement Assistance Grants are pro-
10 vided under section 420 of the Robert
11 T. Stafford Disaster Relief and Emer-
12 gency Assistance Act (42 U.S.C. 5187);
13 (II) major disasters declared by
14 the President under section 401 of that
15 Act (42 U.S.C. 5170);
16 (III) emergencies declared by the
17 President under section 501 of that Act
18 (42 U.S.C. 5191); and
19 (IV) any other federally declared
20 disaster or emergency in the State or
21 on the land of the Indian Tribe.
22 (iv) The number and severity, meas-
23 ured by population and economic impacts,
24 of disruptive events experienced by the State
† HR 3684 EAS
1311
1 or Indian Tribe on or after January 1,
2 2011.
3 (v) The total amount, on a per capita
4 basis, of public and private expenditures
5 during the previous 10 years to carry out
6 mitigation efforts to reduce the likelihood
7 and consequences of disruptive events in the
8 State or on the land of the Indian Tribe,
9 with States or Indian Tribes with higher
10 per capita expenditures receiving additional
11 weight or consideration as compared to
12 States or Indian Tribes with lower per cap-
13 ita expenditures.
14 (C) ANNUAL UPDATE OF DATA USED IN DIS-
† HR 3684 EAS
1312
1 plicable plan of the State or Indian Tribe, to eligible
2 entities for projects within the State or on the land
3 of the Indian Tribe.
4 (5) PRIORITY.—In making grants to eligible en-
5 tities using funds made available to the applicable
6 State or Indian Tribe under the program, the State
7 or Indian Tribe shall give priority to projects that, in
8 the determination of the State or Indian Tribe, will
9 generate the greatest community benefit (whether
10 rural or urban) in reducing the likelihood and con-
11 sequences of disruptive events.
12 (6) SMALL UTILITIES SET ASIDE.—A State or
13 Indian Tribe receiving a grant under the program
14 shall ensure that, of the amounts made available to el-
15 igible entities from funds made available to the State
16 or Indian Tribe under the program, the percentage
17 made available to eligible entities that sell not more
18 than 4,000,000 megawatt hours of electricity per year
19 is not less than the percentage of all customers in the
20 State or Indian Tribe that are served by those eligible
21 entities.
22 (7) TECHNICAL ASSISTANCE AND ADMINISTRA-
† HR 3684 EAS
1313
1 cal year, the State or Indian Tribe may use not more
2 than 5 percent for—
3 (A) providing technical assistance under
4 subsection (g)(1)(A); and
5 (B) administrative expenses associated with
6 the program.
7 (8) MATCHING REQUIREMENT.—Each State and
8 Indian Tribe shall be required to match 15 percent of
9 the amount of each grant provided to the State or In-
10 dian Tribe under the program.
11 (e) USE OF GRANTS.—
12 (1) IN GENERAL.—A grant awarded to an eligi-
13 ble entity under the program may be used for activi-
14 ties, technologies, equipment, and hardening measures
15 to reduce the likelihood and consequences of disruptive
16 events, including—
17 (A) weatherization technologies and equip-
18 ment;
19 (B) fire-resistant technologies and fire pre-
20 vention systems;
21 (C) monitoring and control technologies;
22 (D) the undergrounding of electrical equip-
23 ment;
24 (E) utility pole management;
† HR 3684 EAS
1314
1 (F) the relocation of power lines or the
2 reconductoring of power lines with low-sag, ad-
3 vanced conductors;
4 (G) vegetation and fuel-load management;
5 (H) the use or construction of distributed
6 energy resources for enhancing system adaptive
7 capacity during disruptive events, including—
8 (i) microgrids; and
9 (ii) battery-storage subcomponents;
10 (I) adaptive protection technologies;
11 (J) advanced modeling technologies;
12 (K) hardening of power lines, facilities, sub-
13 stations, of other systems; and
14 (L) the replacement of old overhead conduc-
15 tors and underground cables.
16 (2) PROHIBITIONS AND LIMITATIONS.—
† HR 3684 EAS
1315
1 (ii) cybersecurity.
2 (B) CERTAIN INVESTMENTS ELIGIBLE FOR
3 RECOVERY.—
† HR 3684 EAS
1316
1 (1) 50 percent is used to award grants to eligible
2 entities under subsection (c); and
3 (2) 50 percent is used to make grants to States
4 and Indian Tribes under subsection (d).
5 (g) TECHNICAL AND OTHER ASSISTANCE.—
6 (1) IN GENERAL.—The Secretary, States, and In-
7 dian Tribes may—
8 (A) provide technical assistance and facili-
9 tate the distribution and sharing of information
10 to reduce the likelihood and consequences of dis-
11 ruptive events; and
12 (B) promulgate consumer-facing informa-
13 tion and resources to inform the public of best
14 practices and resources relating to reducing the
15 likelihood and consequences of disruptive events.
16 (2) USE OF FUNDS BY THE SECRETARY.—Of the
17 amounts made available to the Secretary to carry out
18 the program each fiscal year, the Secretary may use
19 not more than 5 percent for—
20 (A) providing technical assistance under
21 paragraph (1)(A); and
22 (B) administrative expenses associated with
23 the program.
24 (h) MATCHING REQUIREMENT.—
† HR 3684 EAS
1317
1 (1) IN GENERAL.—Except as provided in para-
2 graph (2), an eligible entity that receives a grant
3 under this section shall be required to match 100 per-
4 cent of the amount of the grant.
5 (2) EXCEPTION FOR SMALL UTILITIES.—An eli-
6 gible entity that sells not more than 4,000,000 mega-
7 watt hours of electricity per year shall be required to
8 match 1⁄3 of the amount of the grant.
9 (i) BIENNIAL REPORT TO CONGRESS.—
10 (1) IN GENERAL.—Not later than 2 years after
11 the date of enactment of this Act, and every 2 years
12 thereafter through 2026, the Secretary shall submit to
13 the Committee on Energy and Natural Resources of
14 the Senate and the Committee on Energy and Com-
15 merce of the House of Representatives a report de-
16 scribing the program.
17 (2) REQUIREMENTS.—The report under para-
18 graph (1) shall include information and data on—
19 (A) the costs of the projects for which grants
20 are awarded to eligible entities;
21 (B) the types of activities, technologies,
22 equipment, and hardening measures funded by
23 those grants; and
† HR 3684 EAS
1318
1 (C) the extent to which the ability of the
2 power grid to withstand disruptive events has
3 increased.
4 (j) AUTHORIZATION OF APPROPRIATIONS.—There is
5 authorized to be appropriated to the Secretary to carry out
6 the program $5,000,000,000 for the period of fiscal years
7 2022 through 2026.
8 SEC. 40102. HAZARD MITIGATION USING DISASTER ASSIST-
9 ANCE.
† HR 3684 EAS
1319
1 ‘‘(B) the installation of fire-resistant wires
2 and infrastructure and the undergrounding of
3 wires;’’.
4 SEC. 40103. ELECTRIC GRID RELIABILITY AND RESILIENCE
6 ONSTRATION.
† HR 3684 EAS
1320
1 shall establish a program, to be known as the ‘‘Pro-
2 gram Upgrading Our Electric Grid and Ensuring
3 Reliability and Resiliency’’, to provide, on a competi-
4 tive basis, Federal financial assistance to eligible enti-
5 ties to carry out the purpose described in paragraph
6 (3).
7 (3) PURPOSE.—The purpose of the program is to
8 coordinate and collaborate with electric sector owners
9 and operators—
10 (A) to demonstrate innovative approaches to
11 transmission, storage, and distribution infra-
12 structure to harden and enhance resilience and
13 reliability; and
14 (B) to demonstrate new approaches to en-
15 hance regional grid resilience, implemented
16 through States by public and rural electric coop-
17 erative entities on a cost-shared basis.
18 (4) APPLICATIONS.—To be eligible to receive
19 Federal financial assistance under the program, an
20 eligible entity shall submit to the Secretary an appli-
21 cation at such time, in such manner, and containing
22 such information as the Secretary may require, in-
23 cluding a description of—
24 (A) how the Federal financial assistance
25 would be used;
† HR 3684 EAS
1321
1 (B) the expected beneficiaries, and
2 (C) in the case of a proposal from an eligi-
3 ble entity described in paragraph (1)(A)(ii), how
4 the proposal would improve regional energy in-
5 frastructure.
6 (5) SELECTION.—The Secretary shall select eligi-
7 ble entities to receive Federal financial assistance
8 under the program on a competitive basis.
9 (6) COST SHARE.—Section 988 of the Energy
10 Policy Act of 2005 (42 U.S.C. 16352) shall apply to
11 Federal financial assistance provided under the pro-
12 gram.
13 (7) AUTHORIZATION OF APPROPRIATIONS.—
† HR 3684 EAS
1322
1 (A) the resilience, safety, reliability, and
2 availability of energy; and
3 (B) environmental protection from adverse
4 impacts of energy generation.
5 (3) FEDERAL FINANCIAL ASSISTANCE.—The Sec-
6 retary, in consultation with the Secretary of the Inte-
7 rior, may provide Federal financial assistance to
8 rural or remote areas for the purpose of—
9 (A) overall cost-effectiveness of energy gen-
10 eration, transmission, or distribution systems;
11 (B) siting or upgrading transmission and
12 distribution lines;
13 (C) reducing greenhouse gas emissions from
14 energy generation by rural or remote areas;
15 (D) providing or modernizing electric gen-
16 eration facilities;
17 (E) developing microgrids; and
18 (F) increasing energy efficiency.
19 (4) AUTHORIZATION OF APPROPRIATIONS.—
† HR 3684 EAS
1323
1 (1) IN GENERAL.—The Secretary, in collabora-
2 tion with the Secretary of Homeland Security, the
3 Federal Energy Regulatory Commission, the North
4 American Electric Reliability Corporation, and inter-
5 ested energy infrastructure stakeholders, shall develop
6 common analytical frameworks, tools, metrics, and
7 data to assess the resilience, reliability, safety, and se-
8 curity of energy infrastructure in the United States,
9 including by developing and storing an inventory of
10 easily transported high-voltage recovery transformers
11 and other required equipment.
12 (2) ASSESSMENT AND REPORT.—
† HR 3684 EAS
1324
1 (II) the technical specifications
2 for high-voltage recovery transformers;
3 (III) where inventory of high-volt-
4 age recovery transformers should be
5 stored;
6 (IV) the quantity of high-voltage
7 recovery transformers necessary for the
8 inventory;
9 (V) how the stored inventory of
10 high-voltage recovery transformers
11 would be secured and maintained;
12 (VI) how the high-voltage recovery
13 transformers may be transported;
14 (VII) opportunities for developing
15 new flexible advanced transformer de-
16 signs; and
17 (VIII) whether new Federal regu-
18 lations or cost-sharing requirements
19 are necessary to carry out the storage
20 of high-voltage recovery transformers;
21 and
22 (ii) any efforts carried out by industry
23 as of the date of the assessment—
24 (I) to share transformers and
25 equipment;
† HR 3684 EAS
1325
1 (II) to develop plans for next gen-
2 eration transformers; and
3 (III) to plan for surge and long-
4 term manufacturing of, and long-term
5 standardization of, transformer de-
6 signs.
7 (B) PROTECTION OF INFORMATION.—Infor-
† HR 3684 EAS
1326
1 ‘‘(A) IN GENERAL.—Each electric utility
2 shall promote the use of demand-response and de-
3 mand flexibility practices by commercial, resi-
4 dential, and industrial consumers to reduce elec-
5 tricity consumption during periods of unusually
6 high demand.
7 ‘‘(B) RATE RECOVERY.—
† HR 3684 EAS
1327
1 1978 (16 U.S.C. 2622(b)) is amended by adding
2 at the end the following:
3 ‘‘(7)(A) Not later than 1 year after the date of
4 enactment of this paragraph, each State regulatory
5 authority (with respect to each electric utility for
6 which the State has ratemaking authority) and each
7 nonregulated electric utility shall commence consider-
8 ation under section 111, or set a hearing date for con-
9 sideration, with respect to the standard established by
10 paragraph (20) of section 111(d).
11 ‘‘(B) Not later than 2 years after the date of en-
12 actment of this paragraph, each State regulatory au-
13 thority (with respect to each electric utility for which
14 the State has ratemaking authority), and each non-
15 regulated electric utility shall complete the consider-
16 ation and make the determination under section 111
17 with respect to the standard established by paragraph
18 (20) of section 111(d).’’.
19 (B) FAILURE TO COMPLY.—
† HR 3684 EAS
1328
1 paragraph (14). In the case of the
2 standard established by paragraph
3 (15) of section 111(d), the reference
4 contained in this subsection to the date
5 of enactment of this Act shall be
6 deemed to be a reference to the date of
7 enactment of that paragraph (15). In
8 the case of the standards established by
9 paragraphs (16)’’; and
10 (II) by adding at the end the fol-
11 lowing: ‘‘In the case of the standard es-
12 tablished by paragraph (20) of section
13 111(d), the reference contained in this
14 subsection to the date of enactment of
15 this Act shall be deemed to be a ref-
16 erence to the date of enactment of that
17 paragraph (20).’’.
18 (ii) TECHNICAL CORRECTION.—Para-
† HR 3684 EAS
1329
1 1978 (16 U.S.C. 2622(d)) shall be in effect
2 as if that amendment had not been enacted.
3 (C) PRIOR STATE ACTIONS.—
† HR 3684 EAS
1330
1 (I) by striking ‘‘this subsection’’
2 each place it appears and inserting
3 ‘‘this section’’; and
4 (II) by adding at the end the fol-
5 lowing: ‘‘In the case of the standard es-
6 tablished by paragraph (20) of section
7 111(d), the reference contained in this
8 section to the date of enactment of this
9 Act shall be deemed to be a reference to
10 the date of enactment of that para-
11 graph (20).’’.
12 (b) OPTIONAL FEATURES OF STATE ENERGY CON-
13 SERVATION PLANS.—Section 362(d) of the Energy Policy
14 and Conservation Act (42 U.S.C. 6322(d)) is amended—
15 (1) in paragraph (16), by striking ‘‘and’’ at the
16 end;
17 (2) by redesignating paragraph (17) as para-
18 graph (18); and
19 (3) by inserting after paragraph (16) the fol-
20 lowing:
21 ‘‘(17) programs that promote the installation
22 and use of demand-response technology and demand-
23 response practices; and’’.
† HR 3684 EAS
1331
1 (c) FEDERAL ENERGY MANAGEMENT PROGRAM.—Sec-
2 tion 543(i) of the National Energy Conservation Policy Act
3 (42 U.S.C. 8253(i)) is amended—
4 (1) in paragraph (1)—
5 (A) in subparagraph (A), by striking ‘‘and’’
6 at the end;
7 (B) in subparagraph (B), by striking the
8 period at the end and inserting ‘‘; and’’; and
9 (C) by adding at the end the following:
10 ‘‘(C) to reduce energy consumption during
11 periods of unusually high electricity or natural
12 gas demand.’’; and
13 (2) in paragraph (3)(A)—
14 (A) in clause (v), by striking ‘‘and’’ at the
15 end;
16 (B) in clause (vi), by striking the period at
17 the end and inserting ‘‘; and’’; and
18 (C) by adding at the end the following:
19 ‘‘(vii) promote the installation of de-
20 mand-response technology and the use of de-
21 mand-response practices in Federal build-
22 ings.’’.
23 (d) COMPONENTS OF ZERO-NET-ENERGY COMMERCIAL
24 BUILDINGS INITIATIVE.—Section 422(d)(3) of the Energy
25 Independence and Security Act of 2007 (42 U.S.C.
† HR 3684 EAS
1332
1 17082(d)) is amended by inserting ‘‘(including demand-re-
2 sponse technologies, practices, and policies)’’ after ‘‘poli-
3 cies’’.
4 SEC. 40105. SITING OF INTERSTATE ELECTRIC TRANS-
5 MISSION FACILITIES.
† HR 3684 EAS
1333
1 a national interest electric transmission corridor
2 any geographic area that—
3 ‘‘(i) is experiencing electric energy
4 transmission capacity constraints or conges-
5 tion that adversely affects consumers; or
6 ‘‘(ii) is expected to experience such en-
7 ergy transmission capacity constraints or
8 congestion.’’;
9 (3) in paragraph (3)—
10 (A) by striking ‘‘The Secretary shall con-
11 duct the study and issue the report in consulta-
12 tion’’ and inserting ‘‘Not less frequently than
13 once every 3 years, the Secretary, in conducting
14 the study under paragraph (1) and issuing the
15 report under paragraph (2), shall consult’’; and
16 (4) in paragraph (4)—
17 (A) in subparagraph (C), by inserting ‘‘or
18 energy security’’ after ‘‘independence’’;
19 (B) in subparagraph (D), by striking ‘‘and’’
20 at the end;
21 (C) in subparagraph (E), by striking the
22 period at the end and inserting a semicolon; and
23 (D) by adding at the end the following:
† HR 3684 EAS
1334
1 ‘‘(F) the designation would enhance the ability of
2 facilities that generate or transmit firm or intermit-
3 tent energy to connect to the electric grid;
4 ‘‘(G) the designation—
5 ‘‘(i) maximizes existing rights-of-way; and
6 ‘‘(ii) avoids and minimizes, to the max-
7 imum extent practicable, and offsets to the extent
8 appropriate and practicable, sensitive environ-
9 mental areas and cultural heritage sites; and
10 ‘‘(H) the designation would result in a reduction
11 in the cost to purchase electric energy for consumers.’’.
12 (b) CONSTRUCTION PERMIT.—Section 216(b) of the
13 Federal Power Act (16 U.S.C. 824p(b)) is amended—
14 (1) in paragraph (1)—
15 (A) in subparagraph (A)(ii), by inserting
16 ‘‘or interregional benefits’’ after ‘‘interstate bene-
17 fits’’; and
18 (B) by striking subparagraph (C) and in-
19 serting the following:
20 ‘‘(C) a State commission or other entity that has
21 authority to approve the siting of the facilities—
22 ‘‘(i) has not made a determination on an
23 application seeking approval pursuant to appli-
24 cable law by the date that is 1 year after the
25 later of—
† HR 3684 EAS
1335
1 ‘‘(I) the date on which the application
2 was filed; and
3 ‘‘(II) the date on which the relevant
4 national interest electric transmission cor-
5 ridor was designated by the Secretary under
6 subsection (a);
7 ‘‘(ii) has conditioned its approval in such a
8 manner that the proposed construction or modi-
9 fication will not significantly reduce trans-
10 mission capacity constraints or congestion in
11 interstate commerce or is not economically fea-
12 sible; or
13 ‘‘(iii) has denied an application seeking ap-
14 proval pursuant to applicable law;’’.
15 (c) RIGHTS-OF-WAY.—Section 216(e)(1) of the Federal
16 Power Act (16 U.S.C. 824p(e)(1)) is amended by striking
17 ‘‘modify the transmission facilities, the’’ and inserting
18 ‘‘modify, and operate and maintain, the transmission fa-
19 cilities and, in the determination of the Commission, the
20 permit holder has made good faith efforts to engage with
21 landowners and other stakeholders early in the applicable
22 permitting process, the’’.
23 (d) INTERSTATE COMPACTS.—Section 216(i) of the
24 Federal Power Act (16 U.S.C. 824p(i)) is amended—
† HR 3684 EAS
1336
1 (1) in paragraph (2), by striking ‘‘may’’ and in-
2 serting ‘‘shall’’; and
3 (2) in paragraph (4), by striking ‘‘the members’’
4 and all that follows through the period at the end and
5 inserting the following: ‘‘the Secretary determines that
6 the members of the compact are in disagreement after
7 the later of—
8 ‘‘(A) the date that is 1 year after the date
9 on which the relevant application for the facility
10 was filed; and
11 ‘‘(B) the date that is 1 year after the date
12 on which the relevant national interest electric
13 transmission corridor was designated by the Sec-
14 retary under subsection (a).’’.
15 SEC. 40106. TRANSMISSION FACILITATION PROGRAM.
† HR 3684 EAS
1337
1 (A) 1,000 megawatts; or
2 (B) in the case of a project that consists of
3 upgrading an existing transmission line or con-
4 structing a new transmission line in an existing
5 transmission, transportation, or telecommuni-
6 cations infrastructure corridor, 500 megawatts.
7 (3) ELIGIBLE ENTITY.—The term ‘‘eligible enti-
8 ty’’ means an entity seeking to carry out an eligible
9 project.
10 (4) ELIGIBLE PROJECT.—The term ‘‘eligible
11 project’’ means a project (including any related facil-
12 ity)—
13 (A) to construct a new or replace an exist-
14 ing eligible electric power transmission line;
15 (B) to increase the transmission capacity of
16 an existing eligible electric power transmission
17 line; or
18 (C) to connect an isolated microgrid to an
19 existing transmission, transportation, or tele-
20 communications infrastructure corridor located
21 in Alaska, Hawaii, or a territory of the United
22 States.
23 (5) FUND.—The term ‘‘Fund’’ means the Trans-
24 mission Facilitation Fund established by subsection
25 (d)(1).
† HR 3684 EAS
1338
1 (6) PROGRAM.—The term ‘‘program’’ means the
2 Transmission Facilitation Program established by
3 subsection (b).
4 (7) RELATED FACILITY.—
† HR 3684 EAS
1339
1 (2) PROCEDURES.—The Secretary shall establish
2 procedures for the solicitation and review of applica-
3 tions from eligible entities.
4 (d) FUNDING.—
5 (1) TRANSMISSION FACILITATION FUND.—There
† HR 3684 EAS
1340
1 (B) all amounts borrowed from the Sec-
2 retary of the Treasury by the Secretary for the
3 program under paragraph (2); and
4 (C) any amounts appropriated to the Sec-
5 retary for the program.
6 (2) BORROWING AUTHORITY.—The Secretary of
7 the Treasury may, without further appropriation and
8 without fiscal year limitation, loan to the Secretary
9 on such terms as may be fixed by the Secretary and
10 the Secretary of the Treasury, such sums as, in the
11 judgment of the Secretary, are from time to time re-
12 quired for the purpose of carrying out the program,
13 not to exceed, in the aggregate (including deferred in-
14 terest), $2,500,000,000 in outstanding repayable bal-
15 ances at any 1 time.
16 (3) AUTHORIZATION OF APPROPRIATIONS.—
† HR 3684 EAS
1341
1 activities carried out by the Secretary under sub-
2 section (e)(1) shall be collected—
3 (i) from eligible entities receiving the
4 benefit of the applicable facilitation activ-
5 ity, on a schedule to be determined by the
6 Secretary; or
7 (ii) with respect to a contracted trans-
8 mission capacity under subsection (e)(1)(A)
9 through rates charged for the use of the con-
10 tracted transmission capacity.
11 (B) FORGIVENESS OF BALANCES.—
† HR 3684 EAS
1342
1 with respect to an eligible project in which the
2 Secretary participates with an eligible entity
3 under subsection (e)(1)(C) through rates charged
4 to customers benefitting from the new trans-
5 mission capability provided by the eligible
6 project.
7 (e) FACILITATION OF ELIGIBLE PROJECTS.—
8 (1) IN GENERAL.—To facilitate eligible projects,
9 the Secretary may—
10 (A) subject to subsections (f) and (i), enter
11 into a capacity contract with respect to an eligi-
12 ble project prior to the date on which the eligible
13 project is completed;
14 (B) subject to subsections (g) and (i), issue
15 a loan to an eligible entity for the costs of car-
16 rying out an eligible project; or
17 (C) subject to subsections (h) and (i), par-
18 ticipate with an eligible entity in designing, de-
19 veloping, constructing, operating, maintaining,
20 or owning an eligible project.
21 (2) REQUIREMENT.—The provision and receipt
22 of assistance for an eligible project under paragraph
23 (1) shall be subject to such terms and conditions as
24 the Secretary determines to be appropriate—
† HR 3684 EAS
1343
1 (A) to ensure the success of the program;
2 and
3 (B) to protect the interests of the United
4 States.
5 (f) CAPACITY CONTRACTS.—
6 (1) PURPOSE.—In entering into capacity con-
7 tracts under subsection (e)(1)(A), the Secretary shall
8 seek to enter into capacity contracts that will encour-
9 age other entities to enter into contracts for the trans-
10 mission capacity of the eligible project.
11 (2) PAYMENT.—The amount paid by the Sec-
12 retary to an eligible entity under a capacity contract
13 for the right to the use of the transmission capacity
14 of an eligible project shall be—
15 (A) the fair market value for the use of the
16 transmission capacity, as determined by the Sec-
17 retary, taking into account, as the Secretary de-
18 termines to be necessary, the comparable value
19 for the use of the transmission capacity of other
20 electric power transmission lines; and
21 (B) on a schedule and in such divided
22 amounts, which may be a single amount, that
23 the Secretary determines are likely to facilitate
24 construction of the eligible project, taking into
25 account standard industry practice and factors
† HR 3684 EAS
1344
1 specific to each applicant, including, as applica-
2 ble—
3 (i) potential review by a State regu-
4 latory entity of the revenue requirement of
5 an electric utility; and
6 (ii) the financial model of an inde-
7 pendent transmission developer.
8 (3) LIMITATIONS.—A capacity contract shall—
9 (A) be for a term of not more than 40 years;
10 and
11 (B) be for not more than 50 percent of the
12 total proposed transmission capacity of the ap-
13 plicable eligible project.
14 (4) TRANSMISSION MARKETING.—
† HR 3684 EAS
1345
1 maximizes the financial return to the Federal
2 Government.
3 (C) COMPETITIVE SOLICITATION.—The Sec-
4 retary shall only select third parties for contracts
5 under this paragraph through a competitive so-
6 licitation.
7 (D) REQUIREMENT.—The marketing of ca-
8 pacity pursuant to this subsection, including
9 any marketing by a third party under subpara-
10 graph (A), shall be undertaken consistent with
11 the requirements of the Federal Power Act (16
12 U.S.C. 791a et seq.).
13 (5) TERMINATION.—
14 (A) IN GENERAL.—The Secretary shall seek
15 to terminate a capacity contract as soon as prac-
16 ticable after determining that sufficient trans-
17 mission capacity of the eligible project has been
18 secured by other entities to ensure the long-term
19 financial viability of the eligible project, includ-
20 ing through 1 or more transfers under subpara-
21 graph (B).
22 (B) TRANSFER.—On payment to the Sec-
23 retary by a third party for transmission capac-
24 ity to which the Secretary has rights under a ca-
25 pacity contract, the Secretary may transfer the
† HR 3684 EAS
1346
1 rights to that transmission capacity to that third
2 party.
3 (C) RELINQUISHMENT.—On payment to the
4 Secretary by the applicable eligible entity for
5 transmission capacity to which the Secretary has
6 rights under a capacity contract, the Secretary
7 may relinquish the rights to that transmission
8 capacity to the eligible entity.
9 (D) REQUIREMENT.—A payment under
10 subparagraph (B) or (C) shall be in an amount
11 sufficient for the Secretary to recover any re-
12 maining costs incurred by the Secretary with re-
13 spect to the quantity of transmission capacity
14 affected by the transfer under subparagraph (B)
15 or the relinquishment under subparagraph (C),
16 as applicable.
17 (6) OTHER FEDERAL CAPACITY POSITIONS.—The
† HR 3684 EAS
1347
1 shall be considered a form of financial assistance de-
2 scribed in section 1508.1(q)(1)(vii) of title 40, Code of
3 Federal Regulations (as in effect on the date of enact-
4 ment of this Act).
5 (8) TRANSMISSION PLANNING REGION CONSULTA-
† HR 3684 EAS
1348
1 to section 216(a) of the Federal Power Act 16 U.S.C.
2 824p(a); or
3 (B) is necessary to accommodate an actual or
4 projected increase in demand for electric transmission
5 capacity across more than 1 State or transmission
6 planning region;
7 (2) is consistent with efficient and reliable oper-
8 ation of the transmission grid;
9 (3) will be operated in conformance with pru-
10 dent utility practices;
11 (4) will be operated in conformance with the
12 rules of—
13 (A) a Transmission Organization (as de-
14 fined in section 3 of the Federal Power Act (16
15 U.S.C. 796)), if applicable; or
16 (B) a regional reliability organization; and
17 (5) is not duplicative of the functions of existing
18 transmission facilities that are the subject of ongoing
19 siting and related permitting proceedings.
20 (i) CERTIFICATION.—Prior to taking action to facili-
21 tate an eligible project under subparagraph (A), (B), or (C)
22 of subsection (e)(1), the Secretary shall certify that—
23 (1) the eligible project is in the public interest;
24 (2) the eligible project is unlikely to be con-
25 structed in as timely a manner or with as much
† HR 3684 EAS
1349
1 transmission capacity in the absence of facilitation
2 under this section, including with respect to an eligi-
3 ble project for which a Federal investment tax credit
4 may be allowed; and
5 (3) it is reasonable to expect that the proceeds
6 from the eligible project will be adequate, as applica-
7 ble—
8 (A) to recover the cost of a capacity contract
9 entered into under subsection (e)(1)(A);
10 (B) to repay a loan provided under sub-
11 section (e)(1)(B); or
12 (C) to repay any amounts borrowed from
13 the Secretary of the Treasury under subsection
14 (d)(2).
15 (j) OTHER AUTHORITIES, LIMITATIONS, AND EF -
16 FECTS.—
† HR 3684 EAS
1350
1 (3) FEDERAL FACILITIES.—For purposes of cost
2 recovery under subsection (d)(4) and repayment of a
3 loan issued under subsection (e)(1)(B), each eligible
4 project facilitated by the Secretary under this section
5 shall be treated as separate and distinct from—
6 (A) each other eligible project; and
7 (B) all other Federal power and trans-
8 mission facilities.
9 (4) EFFECT ON ANCILLARY SERVICES AUTHORITY
† HR 3684 EAS
1351
1 section from being eligible as a project under section
2 1222 of the Energy Policy Act of 2005 (42 U.S.C.
3 16421).
4 (7) LIMITATION ON LOANS.—An eligible project
5 may not be the subject of both—
6 (A) a loan under subsection (e)(1)(B); and
7 (B) a Federal loan under section 301 of the
8 Hoover Power Plant Act of 1984 (42 U.S.C.
9 16421a).
10 (8) CONSIDERATIONS.—In evaluating eligible
11 projects for possible facilitation under this section, the
12 Secretary shall prioritize projects that, to the max-
13 imum extent practicable—
14 (A) use technology that enhances the capac-
15 ity, efficiency, resiliency, or reliability of an
16 electric power transmission system, including—
17 (i) reconductoring of an existing elec-
18 tric power transmission line with advanced
19 conductors; and
20 (ii) hardware or software that enables
21 dynamic line ratings, advanced power flow
22 control, or grid topology optimization;
23 (B) will improve the resiliency and reli-
24 ability of an electric power transmission system;
† HR 3684 EAS
1352
1 (C) facilitate interregional transfer capacity
2 that supports strong and equitable economic
3 growth; and
4 (D) contribute to national or subnational
5 goals to lower electricity sector greenhouse gas
6 emissions.
7 SEC. 40107. DEPLOYMENT OF TECHNOLOGIES TO ENHANCE
8 GRID FLEXIBILITY.
† HR 3684 EAS
1353
1 stallation, that allow buildings to engage in demand
2 flexibility or Smart Grid functions.
3 ‘‘(11) In the case of utility communications,
4 operational fiber and wireless broadband communica-
5 tions networks to enable data flow between distribu-
6 tion system components.
7 ‘‘(12) In the case of advanced transmission tech-
8 nologies such as dynamic line rating, flow control de-
9 vices, advanced conductors, network topology optimi-
10 zation, or other hardware, software, and associated
11 protocols applied to existing transmission facilities
12 that increase the operational transfer capacity of a
13 transmission network, the documented expenditures to
14 purchase and install those advanced transmission
15 technologies.
16 ‘‘(13) In the case of extreme weather or natural
17 disasters, the ability to redirect or shut off power to
18 minimize blackouts and avoid further damage.’’; and
19 (2) in subsection (d)—
20 (A) by redesignating paragraph (9) as
21 paragraph (16); and
22 (B) by inserting after paragraph (8) the fol-
23 lowing:
24 ‘‘(9) The ability to use data analytics and soft-
25 ware-as-service to provide flexibility by improving the
† HR 3684 EAS
1354
1 visibility of the electrical system to grid operators
2 that can help quickly rebalance the electrical system
3 with autonomous controls.
4 ‘‘(10) The ability to facilitate the aggregation or
5 integration of distributed energy resources to serve as
6 assets for the grid.
7 ‘‘(11) The ability to provide energy storage to
8 meet fluctuating electricity demand, provide voltage
9 support, and integrate intermittent generation
10 sources, including vehicle-to-grid technologies.
11 ‘‘(12) The ability of hardware, software, and as-
12 sociated protocols applied to existing transmission fa-
13 cilities to increase the operational transfer capacity of
14 a transmission network.
15 ‘‘(13) The ability to anticipate and mitigate im-
16 pacts of extreme weather or natural disasters on grid
17 resiliency.
18 ‘‘(14) The ability to facilitate the integration of
19 renewable energy resources, electric vehicle charging
20 infrastructure, and vehicle-to-grid technologies.
21 ‘‘(15) The ability to reliably meet increased de-
22 mand from electric vehicles and the electrification of
23 appliances and other sectors.’’.
24 (b) AUTHORIZATION OF APPROPRIATIONS.—There is
25 authorized to be appropriated to the Secretary to carry out
† HR 3684 EAS
1355
1 the Smart Grid Investment Matching Grant Program estab-
2 lished under section 1306(a) of the Energy Independence
3 and Security Act of 2007 (42 U.S.C. 17386(a))
4 $3,000,000,000 for fiscal year 2022, to remain available
5 through September 30, 2026.
6 SEC. 40108. STATE ENERGY SECURITY PLANS.
15 ‘‘(a) FINDINGS.—Congress’’;
16 (B) in subsection (b), by striking ‘‘(b) It is’’
17 and inserting the following:
18 ‘‘(b) PURPOSE.—It is’’; and
19 (C) by adding at the end the following:
20 ‘‘(c) DEFINITIONS.—In this part:’’;
21 (2) in section 366—
22 (A) in paragraph (3)(B)(i), by striking
23 ‘‘approved under section 367, and’’ ; and insert-
24 ing ‘‘; and’’;
† HR 3684 EAS
1356
1 (B) in each of paragraphs (1) through (8),
2 by inserting a paragraph heading, the text of
3 which is comprised of the term defined in the
4 paragraph; and
5 (C) by redesignating paragraphs (6) and
6 (7) as paragraphs (7) and (6), respectively, and
7 moving the paragraphs so as to appear in nu-
8 merical order;
9 (3) by moving paragraphs (1) through (8) of sec-
10 tion 366 (as so redesignated) so as to appear after
11 subsection (c) of section 361 (as designated by para-
12 graph (1)(C)); and
13 (4) by amending section 366 to read as follows:
14 ‘‘SEC. 366. STATE ENERGY SECURITY PLANS.
† HR 3684 EAS
1357
1 ment, implementation, review, and revision of a State en-
2 ergy security plan that—
3 ‘‘(1) assesses the existing circumstances in the
4 State; and
5 ‘‘(2) proposes methods to strengthen the ability of
6 the State, in consultation with owners and operators
7 of energy infrastructure in the State—
8 ‘‘(A) to secure the energy infrastructure of
9 the State against all physical and cybersecurity
10 threats;
11 ‘‘(B)(i) to mitigate the risk of energy supply
12 disruptions to the State; and
13 ‘‘(ii) to enhance the response to, and recov-
14 ery from, energy disruptions; and
15 ‘‘(C) to ensure that the State has reliable,
16 secure, and resilient energy infrastructure.
17 ‘‘(c) CONTENTS OF PLAN.—A State energy security
18 plan shall—
19 ‘‘(1) address all energy sources and regulated
20 and unregulated energy providers;
21 ‘‘(2) provide a State energy profile, including an
22 assessment of energy production, transmission, dis-
23 tribution, and end-use;
24 ‘‘(3) address potential hazards to each energy
25 sector or system, including—
† HR 3684 EAS
1358
1 ‘‘(A) physical threats and vulnerabilities;
2 and
3 ‘‘(B) cybersecurity threats and
4 vulnerabilities;
5 ‘‘(4) provide a risk assessment of energy infra-
6 structure and cross-sector interdependencies;
7 ‘‘(5) provide a risk mitigation approach to en-
8 hance reliability and end-use resilience; and
9 ‘‘(6)(A) address—
10 ‘‘(i) multi-State and regional coordination,
11 planning, and response; and
12 ‘‘(ii) coordination with Indian Tribes with
13 respect to planning and response; and
14 ‘‘(B) to the extent practicable, encourage mutual
15 assistance in cyber and physical response plans.
16 ‘‘(d) COORDINATION.—In developing or revising a
17 State energy security plan, the State energy office of the
18 State shall coordinate, to the extent practicable, with—
19 ‘‘(1) the public utility or service commission of
20 the State;
21 ‘‘(2) energy providers from the private and pub-
22 lic sectors; and
23 ‘‘(3) other entities responsible for—
24 ‘‘(A) maintaining fuel or electric reliability;
25 and
† HR 3684 EAS
1359
1 ‘‘(B) securing energy infrastructure.
2 ‘‘(e) FINANCIAL ASSISTANCE.—A State is not eligible
3 to receive Federal financial assistance under this part for
4 any purpose for a fiscal year unless the Governor of the
5 State submits to the Secretary, with respect to that fiscal
6 year—
7 ‘‘(1) a State energy security plan that meets the
8 requirements of subsection (c); or
9 ‘‘(2) after an annual review, carried out by the
10 Governor, of a State energy security plan—
11 ‘‘(A) any necessary revisions to the State
12 energy security plan; or
13 ‘‘(B) a certification that no revisions to the
14 State energy security plan are necessary.
15 ‘‘(f) TECHNICAL ASSISTANCE.—On request of the Gov-
16 ernor of a State, the Secretary, in consultation with the
17 Secretary of Homeland Security, may provide information,
18 technical assistance, and other assistance in the develop-
19 ment, implementation, or revision of a State energy secu-
20 rity plan.
21 ‘‘(g) REQUIREMENT.—Each State receiving Federal fi-
22 nancial assistance under this part shall provide reasonable
23 assurance to the Secretary that the State has established
24 policies and procedures designed to assure that the financial
25 assistance will be used—
† HR 3684 EAS
1360
1 ‘‘(1) to supplement, and not to supplant, State
2 and local funds; and
3 ‘‘(2) to the maximum extent practicable, to in-
4 crease the amount of State and local funds that other-
5 wise would be available, in the absence of the Federal
6 financial assistance, for the implementation of a
7 State energy security plan.
8 ‘‘(h) PROTECTION OF INFORMATION.—Information
9 provided to, or collected by, the Federal Government pursu-
10 ant to this section the disclosure of which the Secretary rea-
11 sonably foresees could be detrimental to the physical secu-
12 rity or cybersecurity of any electric utility or the bulk-
13 power system—
14 ‘‘(1) shall be exempt from disclosure under sec-
15 tion 552(b)(3) of title 5, United States Code; and
16 ‘‘(2) shall not be made available by any Federal
17 agency, State, political subdivision of a State, or
18 Tribal authority pursuant to any Federal, State, po-
19 litical subdivision of a State, or Tribal law, respec-
20 tively, requiring public disclosure of information or
21 records.
22 ‘‘(i) SUNSET.—The requirements of this section shall
23 expire on October 31, 2025.’’.
† HR 3684 EAS
1361
1 (b) CLERICAL AMENDMENTS.—The table of contents of
2 the Energy Policy and Conservation Act (Public Law 94–
3 163; 89 Stat. 872) is amended—
4 (1) by striking the item relating to section 361
5 and inserting the following:
‘‘Sec. 361. Findings; purpose; definitions.’’; and
† HR 3684 EAS
1362
1 Act’’ and inserting ‘‘given the terms in section 361(c)
2 of the Energy Policy and Conservation Act’’.
3 SEC. 40109. STATE ENERGY PROGRAM.
† HR 3684 EAS
1363
1 ‘‘(3) programs to increase transportation energy
2 efficiency, including programs to help reduce carbon
3 emissions in the transportation sector by 2050 and
4 accelerate the use of alternative transportation fuels
5 for, and the electrification of, State government vehi-
6 cles, fleet vehicles, taxis and ridesharing services,
7 mass transit, school buses, ferries, and privately
8 owned passenger and medium- and heavy-duty vehi-
9 cles;’’.
10 (c) AUTHORIZATION OF APPROPRIATIONS FOR STATE
11 ENERGY PROGRAM.—Section 365 of the Energy Policy and
12 Conservation Act (42 U.S.C. 6325) is amended by striking
13 subsection (f) and inserting the following:
14 ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—
15 ‘‘(1) IN GENERAL.—There is authorized to be ap-
16 propriated to carry out this part $500,000,000 for the
17 period of fiscal years 2022 through 2026.
18 ‘‘(2) DISTRIBUTION.—Amounts made available
19 under paragraph (1)—
20 ‘‘(A) shall be distributed to the States in ac-
21 cordance with the applicable distribution for-
22 mula in effect on January 1, 2021; and
23 ‘‘(B) shall not be subject to the matching re-
24 quirement described in the first proviso of the
25 matter under the heading ‘ENERGY CONSERVA-
† HR 3684 EAS
1364
1 TION’ under the heading ‘DEPARTMENT OF
2 ENERGY’ in title II of the Department of the
3 Interior and Related Agencies Appropriations
4 Act, 1985 (42 U.S.C. 6323a).’’.
5 SEC. 40110. POWER MARKETING ADMINISTRATION TRANS-
† HR 3684 EAS
1365
1 (1) IN GENERAL.—The Administrator shall issue
2 an updated financial plan by the end of fiscal year
3 2022.
4 (2) REQUIREMENT.—As part of the process of
5 issuing an updated financial plan under paragraph
6 (1), the Administrator shall—
7 (A) consistent with asset management plan-
8 ning and sound business principles, consider
9 projected and planned use and allocation of the
10 borrowing authority of the Administrator across
11 the mission responsibilities of the Bonneville
12 Power Administration; and
13 (B) before issuing the final updated finan-
14 cial plan—
15 (i) engage, in a manner determined by
16 the Administrator, with customers with re-
17 spect to a draft of the updated plan; and
18 (ii) consider as a relevant factor any
19 recommendations from customers regarding
20 prioritization of asset investments.
21 (c) STAKEHOLDER ENGAGEMENT.—The Administrator
22 shall—
23 (1) engage, in a manner determined by the Ad-
24 ministrator, with customers and stakeholders with re-
25 spect to the financial and cost management efforts of
† HR 3684 EAS
1366
1 the Administrator through periodic program reviews;
2 and
3 (2) to the maximum extent practicable, imple-
4 ment those policies that would be expected to be con-
5 sistent with the lowest possible power and trans-
6 mission rates consistent with sound business prin-
7 ciples.
8 (d) REPAYMENT.—Any additional Treasury borrowing
9 authority received under this section shall be fully repaid
10 to the Treasury in a manner consistent with the applicable
11 self-financed Federal budget accounts.
12 SEC. 40111. STUDY OF CODES AND STANDARDS FOR USE OF
14 TORS.
† HR 3684 EAS
1367
1 (1) to identify barriers, foster collaboration, and
2 increase conformity across sectors relating to—
3 (A) use of emerging energy storage tech-
4 nologies; and
5 (B) use cases, such as vehicle-to-grid inte-
6 gration;
7 (2) to identify all existing codes and standards
8 that apply to energy storage systems;
9 (3) to identify codes and standards that require
10 revision or enhancement;
11 (4) to enhance the safe implementation of energy
12 storage systems; and
13 (5) to receive formal input from stakeholders re-
14 garding—
15 (A) existing codes and standards; and
16 (B) new or revised codes and standards.
17 (c) CONSULTATION.—In conducting the study under
18 subsection (a), the Secretary shall consult with all relevant
19 standards-developing organizations and other entities with
20 expertise regarding energy storage system safety.
21 (d) REPORT.—Not later than 18 months after the date
22 of enactment of this Act, the Secretary shall submit to Con-
23 gress a report describing the results of the study conducted
24 under subsection (a).
† HR 3684 EAS
1368
1 SEC. 40112. DEMONSTRATION OF ELECTRIC VEHICLE BAT-
3 SERVICES.
24 SERVICES.—
† HR 3684 EAS
1370
1 ‘‘(C) PRIORITY.—In selecting a project to
2 carry out under subparagraph (A), the Secretary
3 shall give priority to projects in which the dem-
4 onstration of the applicable second-life applica-
5 tions is paired with 1 or more facilities that
6 could particularly benefit from increased resil-
7 iency and lower energy costs, such as a multi-
8 family affordable housing facility, a senior care
9 facility, and a community health center.’’.
10 SEC. 40113. COLUMBIA BASIN POWER MANAGEMENT.
† HR 3684 EAS
1371
1 (1) ESTABLISHMENT.—There is established in
2 the Treasury an account for the purposes of making
3 expenditures to increase bilateral transfers of renew-
4 able electric generation between the western United
5 States and Canada.
6 (2) CRITERIA.—
7 (A) IN GENERAL.—The Administrator may
8 make expenditures from the Account for activi-
9 ties to improve electric power system coordina-
10 tion by constructing electric power transmission
11 facilities within the western United States that
12 directly or indirectly facilitate non-carbon emit-
13 ting electric power transactions between the west-
14 ern United States and Canada.
15 (B) APPLICATION.—Subparagraph (A) shall
16 be effective after the later of—
17 (i) September 16, 2024; and
18 (ii) the date on which the Canadian
19 entitlement value calculation is terminated
20 or reduced to the actual electric power value
21 to the United States, as determined by the
22 Administrator.
23 (3) CONSULTATION.—The Administrator shall
24 consult with relevant electric utilities in Canada and
25 appropriate regional transmission planning organi-
† HR 3684 EAS
1372
1 zations in considering the construction of trans-
2 mission activities under this subsection.
3 (4) AUTHORIZATION.—There is authorized to be
4 appropriated to the Account a nonreimburseable
5 amount equal to the aggregated amount of the Cana-
6 dian Entitlement during the 5-year period preceding
7 the date of enactment of this Act.
8 (c) INCREASED HYDROELECTRIC CAPACITY.—
9 (1) IN GENERAL.—The Commissioner of Rec-
10 lamation shall rehabilitate and enhance the John W.
11 Keys III Pump Generating Plant—
12 (A) to replace obsolete equipment;
13 (B) to maintain reliability and improve ef-
14 ficiency in system performance and operation;
15 (C) to create more hydroelectric power ca-
16 pacity in the Pacific Northwest; and
17 (D) to ensure the availability of water for
18 irrigation in the event that Columbia River
19 water flows from British Columbia into the
20 United States are insufficient after September
21 16, 2024.
22 (2) AUTHORIZATION OF APPROPRIATIONS.—
† HR 3684 EAS
1373
1 (d) POWER COORDINATION STUDY.—
2 (1) IN GENERAL.—The Administrator shall con-
3 duct a study considering the potential hydroelectric
4 power value to the Pacific Northwest of increasing the
5 coordination of the operation of hydroelectric and
6 water storage facilities on rivers located in the United
7 States and Canada.
8 (2) CRITERIA.—The study conducted under
9 paragraph (1) shall analyze—
10 (A) projected changes to the Pacific North-
11 west electricity supply;
12 (B) potential reductions in greenhouse gas
13 emissions;
14 (C) any potential need to increase trans-
15 mission capacity; and
16 (D) any other factor the Administrator con-
17 siders to be relevant for increasing bilateral co-
18 ordination.
19 (3) COORDINATION.—In conducting the study
20 under paragraph (1), the Administrator shall coordi-
21 nate, to the extent practicable, with—
22 (A) the British Columbia or a crown cor-
23 poration owned by British Columbia;
24 (B) the Assistant Secretary;
25 (C) the Commissioner of Reclamation; and
† HR 3684 EAS
1374
1 (D) any public utility districts that operate
2 hydroelectric projects on the mainstem of the Co-
3 lumbia River.
4 (4) AUTHORIZATION OF APPROPRIATIONS.—
10 PRIVATE PARTNERSHIPS.
† HR 3684 EAS
1375
1 (1) ESTABLISHMENT.—The Secretary, in coordi-
2 nation with the Secretary of Homeland Security and
3 in consultation with, as the Secretary determines to
4 be appropriate, the heads of other relevant Federal
5 agencies, State regulatory authorities, industry stake-
6 holders, and the Electric Reliability Organization,
7 shall carry out a program—
8 (A) to develop, and provide for voluntary
9 implementation of, maturity models, self-assess-
10 ments, and auditing methods for assessing the
11 physical security and cybersecurity of electric
12 utilities;
13 (B) to assist with threat assessment and cy-
14 bersecurity training for electric utilities;
15 (C) to provide technical assistance for elec-
16 tric utilities subject to the program;
17 (D) to provide training to electric utilities
18 to address and mitigate cybersecurity supply
19 chain management risks;
20 (E) to advance, in partnership with electric
21 utilities, the cybersecurity of third-party vendors
22 that manufacture components of the electric grid;
23 (F) to increase opportunities for sharing
24 best practices and data collection within the elec-
25 tric sector; and
† HR 3684 EAS
1376
1 (G) to assist, in the case of electric utilities
2 that own defense critical electric infrastructure
3 (as defined in section 215A(a) of the Federal
4 Power Act (16 U.S.C. 824o–1(a))), with full en-
5 gineering reviews of critical functions and oper-
6 ations at both the utility and defense infrastruc-
7 ture levels—
8 (i) to identify unprotected avenues for
9 cyber-enabled sabotage that would have cat-
10 astrophic effects to national security; and
11 (ii) to recommend and implement engi-
12 neering protections to ensure continued op-
13 erations of identified critical functions even
14 in the face of constant cyber attacks and
15 achieved perimeter access by sophisticated
16 adversaries.
17 (2) SCOPE.—In carrying out the program under
18 paragraph (1), the Secretary shall—
19 (A) take into consideration—
20 (i) the different sizes of electric utili-
21 ties; and
22 (ii) the regions that electric utilities
23 serve;
24 (B) prioritize electric utilities with fewer
25 available resources due to size or region; and
† HR 3684 EAS
1377
1 (C) to the maximum extent practicable, use
2 and leverage—
3 (i) existing Department and Depart-
4 ment of Homeland Security programs; and
5 (ii) existing programs of the Federal
6 agencies determined to be appropriate
7 under paragraph (1).
8 (c) REPORT ON CYBERSECURITY OF DISTRIBUTION
9 SYSTEMS.—Not later than 1 year after the date of enact-
10 ment of this Act, the Secretary, in coordination with the
11 Secretary of Homeland Security and in consultation with,
12 as the Secretary determines to be appropriate, the heads
13 of other Federal agencies, State regulatory authorities, and
14 industry stakeholders, shall submit to Congress a report that
15 assesses—
16 (1) priorities, policies, procedures, and actions
17 for enhancing the physical security and cybersecurity
18 of electricity distribution systems, including behind-
19 the-meter generation, storage, and load management
20 devices, to address threats to, and vulnerabilities of,
21 electricity distribution systems; and
22 (2) the implementation of the priorities, policies,
23 procedures, and actions assessed under paragraph (1),
24 including—
† HR 3684 EAS
1378
1 (A) an estimate of potential costs and bene-
2 fits of the implementation; and
3 (B) an assessment of any public-private
4 cost-sharing opportunities.
5 (d) PROTECTION OF INFORMATION.—Information pro-
6 vided to, or collected by, the Federal Government pursuant
7 to this section the disclosure of which the Secretary reason-
8 ably foresees could be detrimental to the physical security
9 or cybersecurity of any electric utility or the bulk-power
10 system—
11 (1) shall be exempt from disclosure under section
12 552(b)(3) of title 5, United States Code; and
13 (2) shall not be made available by any Federal
14 agency, State, political subdivision of a State, or
15 Tribal authority pursuant to any Federal, State, po-
16 litical subdivision of a State, or Tribal law, respec-
17 tively, requiring public disclosure of information or
18 records.
19 SEC. 40122. ENERGY CYBER SENSE PROGRAM.
† HR 3684 EAS
1379
1 (2) PROGRAM.—The term ‘‘program’’ means the
2 voluntary Energy Cyber Sense program established
3 under subsection (b).
4 (b) ESTABLISHMENT.—The Secretary, in coordination
5 with the Secretary of Homeland Security and in consulta-
6 tion with the heads of other relevant Federal agencies, shall
7 establish a voluntary Energy Cyber Sense program to test
8 the cybersecurity of products and technologies intended for
9 use in the energy sector, including in the bulk-power system.
10 (c) PROGRAM REQUIREMENTS.—In carrying out sub-
11 section (b), the Secretary, in coordination with the Sec-
12 retary of Homeland Security and in consultation with the
13 heads of other relevant Federal agencies, shall—
14 (1) establish a testing process under the program
15 to test the cybersecurity of products and technologies
16 intended for use in the energy sector, including prod-
17 ucts relating to industrial control systems and oper-
18 ational technologies, such as supervisory control and
19 data acquisition systems;
20 (2) for products and technologies tested under the
21 program, establish and maintain cybersecurity vul-
22 nerability reporting processes and a related database
23 that are integrated with Federal vulnerability coordi-
24 nation processes;
† HR 3684 EAS
1380
1 (3) provide technical assistance to electric utili-
2 ties, product manufacturers, and other energy sector
3 stakeholders to develop solutions to mitigate identified
4 cybersecurity vulnerabilities in products and tech-
5 nologies tested under the program;
6 (4) biennially review products and technologies
7 tested under the program for cybersecurity
8 vulnerabilities and provide analysis with respect to
9 how those products and technologies respond to and
10 mitigate cyber threats;
11 (5) develop guidance that is informed by anal-
12 ysis and testing results under the program for electric
13 utilities and other components of the energy sector for
14 the procurement of products and technologies;
15 (6) provide reasonable notice to, and solicit com-
16 ments from, the public prior to establishing or revis-
17 ing the testing process under the program;
18 (7) oversee the testing of products and tech-
19 nologies under the program; and
20 (8) consider incentives to encourage the use of
21 analysis and results of testing under the program in
22 the design of products and technologies for use in the
23 energy sector.
24 (d) PROTECTION OF INFORMATION.—Information pro-
25 vided to, or collected by, the Federal Government pursuant
† HR 3684 EAS
1381
1 to this section the disclosure of which the Secretary reason-
2 ably foresees could be detrimental to the physical security
3 or cybersecurity of any component of the energy sector, in-
4 cluding any electric utility or the bulk-power system—
5 (1) shall be exempt from disclosure under section
6 552(b)(3) of title 5, United States Code; and
7 (2) shall not be made available by any Federal
8 agency, State, political subdivision of a State, or
9 Tribal authority pursuant to any Federal, State, po-
10 litical subdivision of a State, or Tribal law, respec-
11 tively, requiring public disclosure of information or
12 records.
13 (e) FEDERAL GOVERNMENT LIABILITY.—Nothing in
14 this section authorizes the commencement of an action
15 against the United States with respect to the testing of a
16 product or technology under the program.
17 SEC. 40123. INCENTIVES FOR ADVANCED CYBERSECURITY
18 TECHNOLOGY INVESTMENT.
22 MENTS.
† HR 3684 EAS
1382
1 any technology, operational capability, or service, in-
2 cluding computer hardware, software, or a related
3 asset, that enhances the security posture of public
4 utilities through improvements in the ability to pro-
5 tect against, detect, respond to, or recover from a cy-
6 bersecurity threat (as defined in section 102 of the
7 Cybersecurity Act of 2015 (6 U.S.C. 1501)).
8 ‘‘(2) ADVANCED CYBERSECURITY TECHNOLOGY
† HR 3684 EAS
1383
1 ‘‘(1) investment by public utilities in advanced
2 cybersecurity technology; and
3 ‘‘(2) participation by public utilities in cyberse-
4 curity threat information sharing programs.
5 ‘‘(c) INCENTIVE-BASED RATE TREATMENT.—Not later
6 than 1 year after the completion of the study under sub-
7 section (b), the Commission shall establish, by rule, incen-
8 tive-based, including performance-based, rate treatments for
9 the transmission of electric energy in interstate commerce
10 and the sale of electric energy at wholesale in interstate
11 commerce by public utilities for the purpose of benefitting
12 consumers by encouraging—
13 ‘‘(1) investments by public utilities in advanced
14 cybersecurity technology; and
15 ‘‘(2) participation by public utilities in cyberse-
16 curity threat information sharing programs.
17 ‘‘(d) FACTORS FOR CONSIDERATION.—In issuing a
18 rule pursuant to this section, the Commission may provide
19 additional incentives beyond those identified in subsection
20 (c) in any case in which the Commission determines that
21 an investment in advanced cybersecurity technology or in-
22 formation sharing program costs will reduce cybersecurity
23 risks to—
24 ‘‘(1) defense critical electric infrastructure (as
25 defined in section 215A(a)) and other facilities subject
† HR 3684 EAS
1384
1 to the jurisdiction of the Commission that are critical
2 to public safety, national defense, or homeland secu-
3 rity, as determined by the Commission in consulta-
4 tion with—
5 ‘‘(A) the Secretary of Energy;
6 ‘‘(B) the Secretary of Homeland Security;
7 and
8 ‘‘(C) other appropriate Federal agencies;
9 and
10 ‘‘(2) facilities of small or medium-sized public
11 utilities with limited cybersecurity resources, as deter-
12 mined by the Commission.
13 ‘‘(e) RATEPAYER PROTECTION.—
14 ‘‘(1) IN GENERAL.—Any rate approved under a
15 rule issued pursuant to this section, including any re-
16 visions to that rule, shall be subject to the require-
17 ments of sections 205 and 206 that all rates, charges,
18 terms, and conditions—
19 ‘‘(A) shall be just and reasonable; and
20 ‘‘(B) shall not be unduly discriminatory or
21 preferential.
22 ‘‘(2) PROHIBITION OF DUPLICATE RECOVERY.—
† HR 3684 EAS
1385
1 able double recovery for advanced cybersecurity tech-
2 nology.
3 ‘‘(f) SINGLE-ISSUE RATE FILINGS.—The Commission
4 shall permit public utilities to apply for incentive-based
5 rate treatment under a rule issued under this section on
6 a single-issue basis by submitting to the Commission a tar-
7 iff schedule under section 205 that permits recovery of costs
8 and incentives over the depreciable life of the applicable as-
9 sets, without regard to changes in receipts or other costs
10 of the public utility.
11 ‘‘(g) PROTECTION OF INFORMATION.—Advanced cyber-
12 security technology information that is provided to, gen-
13 erated by, or collected by the Federal Government under
14 subsection (b), (c), or (f) shall be considered to be critical
15 electric infrastructure information under section 215A.’’.
16 SEC. 40124. RURAL AND MUNICIPAL UTILITY ADVANCED CY-
18 SISTANCE PROGRAM.
† HR 3684 EAS
1386
1 tect against, detect, respond to, or recover from a cy-
2 bersecurity threat (as defined in section 102 of the
3 Cybersecurity Act of 2015 (6 U.S.C. 1501)).
4 (2) BULK-POWER SYSTEM.—The term ‘‘bulk-
5 power system’’ has the meaning given the term in sec-
6 tion 215(a) of the Federal Power Act (16 U.S.C.
7 824o(a)).
8 (3) ELIGIBLE ENTITY.—The term ‘‘eligible enti-
9 ty’’ means—
10 (A) a rural electric cooperative;
11 (B) a utility owned by a political subdivi-
12 sion of a State, such as a municipally owned
13 electric utility;
14 (C) a utility owned by any agency, author-
15 ity, corporation, or instrumentality of 1 or more
16 political subdivisions of a State;
17 (D) a not-for-profit entity that is in a part-
18 nership with not fewer than 6 entities described
19 in subparagraph (A), (B), or (C); and
20 (E) an investor-owned electric utility that
21 sells less than 4,000,000 megawatt hours of elec-
22 tricity per year.
23 (4) PROGRAM.—The term ‘‘Program’’ means the
24 Rural and Municipal Utility Advanced Cybersecurity
† HR 3684 EAS
1387
1 Grant and Technical Assistance Program established
2 under subsection (b).
3 (b) ESTABLISHMENT.—Not later than 180 days after
4 the date of enactment of this Act, the Secretary, in coordina-
5 tion with the Secretary of Homeland Security and in con-
6 sultation with the Federal Energy Regulatory Commission,
7 the North American Electric Reliability Corporation, and
8 the Electricity Subsector Coordinating Council, shall estab-
9 lish a program, to be known as the ‘‘Rural and Municipal
10 Utility Advanced Cybersecurity Grant and Technical As-
11 sistance Program’’, to provide grants and technical assist-
12 ance to, and enter into cooperative agreements with, eligible
13 entities to protect against, detect, respond to, and recover
14 from cybersecurity threats.
15 (c) OBJECTIVES.—The objectives of the Program shall
16 be—
17 (1) to deploy advanced cybersecurity technologies
18 for electric utility systems; and
19 (2) to increase the participation of eligible enti-
20 ties in cybersecurity threat information sharing pro-
21 grams.
22 (d) AWARDS.—
23 (1) IN GENERAL.—The Secretary—
† HR 3684 EAS
1388
1 (A) shall award grants and provide tech-
2 nical assistance under the Program to eligible
3 entities on a competitive basis;
4 (B) shall develop criteria and a formula for
5 awarding grants and providing technical assist-
6 ance under the Program;
7 (C) may enter into cooperative agreements
8 with eligible entities that can facilitate the objec-
9 tives described in subsection (c); and
10 (D) shall establish a process to ensure that
11 all eligible entities are informed about and can
12 become aware of opportunities to receive grants
13 or technical assistance under the Program.
14 (2) PRIORITY FOR GRANTS AND TECHNICAL AS-
† HR 3684 EAS
1389
1 (e) PROTECTION OF INFORMATION.—Information pro-
2 vided to, or collected by, the Federal Government pursuant
3 to this section the disclosure of which the Secretary reason-
4 ably foresees could be detrimental to the physical security
5 or cybersecurity of any electric utility or the bulk-power
6 system—
7 (1) shall be exempt from disclosure under section
8 552(b)(3) of title 5, United States Code; and
9 (2) shall not be made available by any Federal
10 agency, State, political subdivision of a State, or
11 Tribal authority pursuant to any Federal, State, po-
12 litical subdivision of a State, or Tribal law, respec-
13 tively, requiring public disclosure of information or
14 records.
15 (f) AUTHORIZATION OF APPROPRIATIONS.—There is
16 authorized to be appropriated to the Secretary to carry out
17 this section $250,000,000 for the period of fiscal years 2022
18 through 2026.
19 SEC. 40125. ENHANCED GRID SECURITY.
† HR 3684 EAS
1390
1 (b) CYBERSECURITY FOR THE ENERGY SECTOR RE-
2 SEARCH, DEVELOPMENT, AND DEMONSTRATION PRO-
3 GRAM.—
† HR 3684 EAS
1391
1 (ii) to advance the security of field de-
2 vices and third-party control systems, in-
3 cluding—
4 (I) systems for generation, trans-
5 mission, distribution, end use, and
6 market functions;
7 (II) specific electric grid elements
8 including advanced metering, demand
9 response, distribution, generation, and
10 electricity storage;
11 (III) forensic analysis of infected
12 systems;
13 (IV) secure communications; and
14 (V) application of in-line edge se-
15 curity solutions;
16 (B) to leverage electric grid architecture as
17 a means to assess risks to the energy sector, in-
18 cluding by implementing an all-hazards ap-
19 proach to communications infrastructure, control
20 systems architecture, and power systems archi-
21 tecture;
22 (C) to perform pilot demonstration projects
23 with the energy sector to gain experience with
24 new technologies;
† HR 3684 EAS
1392
1 (D) to develop workforce development cur-
2 ricula for energy sector-related cybersecurity;
3 and
4 (E) to develop improved supply chain con-
5 cepts for secure design of emerging digital com-
6 ponents and power electronics.
7 (2) AUTHORIZATION OF APPROPRIATIONS.—
12 CYBERRESILIENCE PROGRAM.—
13 (1) IN GENERAL.—The Secretary may develop
14 and carry out a program—
15 (A) to enhance and periodically test—
16 (i) the emergency response capabilities
17 of the Department; and
18 (ii) the coordination of the Department
19 with other agencies, the National Labora-
20 tories, and private industry;
21 (B) to expand cooperation of the Depart-
22 ment with the intelligence community for energy
23 sector-related threat collection and analysis;
† HR 3684 EAS
1393
1 (C) to enhance the tools of the Department
2 and E-ISAC for monitoring the status of the en-
3 ergy sector;
4 (D) to expand industry participation in E-
5 ISAC; and
6 (E) to provide technical assistance to small
7 electric utilities for purposes of assessing and im-
8 proving cybermaturity levels and addressing
9 gaps identified in the assessment.
10 (2) AUTHORIZATION OF APPROPRIATIONS.—
† HR 3684 EAS
1394
1 (1) is to increase the functional preservation of elec-
2 tric grid operations or natural gas and oil operations
3 in the face of natural and human-made threats and
4 hazards, including electric magnetic pulse and geo-
5 magnetic disturbances.
6 (3) ELIGIBLE ACTIVITIES.—In carrying out the
7 program developed under paragraph (1), the Sec-
8 retary may—
9 (A) develop capabilities to identify
10 vulnerabilities and critical components that pose
11 major risks to grid security if destroyed or im-
12 paired;
13 (B) provide modeling at the national level
14 to predict impacts from natural or human-made
15 events;
16 (C) add physical security to the cybersecu-
17 rity maturity model;
18 (D) conduct exercises and assessments to
19 identify and mitigate vulnerabilities to the elec-
20 tric grid, including providing mitigation rec-
21 ommendations;
22 (E) conduct research on hardening solutions
23 for critical components of the electric grid;
† HR 3684 EAS
1395
1 (F) conduct research on mitigation and re-
2 covery solutions for critical components of the
3 electric grid; and
4 (G) provide technical assistance to States
5 and other entities for standards and risk anal-
6 ysis.
7 (4) SAVINGS PROVISION.—Nothing in this section
8 authorizes new regulatory requirements.
9 (5) AUTHORIZATION OF APPROPRIATIONS.—
† HR 3684 EAS
1396
1 (b) CONTENTS OF CYBERSECURITY PLAN.—A cyberse-
2 curity plan described in subsection (a) shall, at a min-
3 imum, describe how the recipient described in that sub-
4 section—
5 (1) plans to maintain cybersecurity between net-
6 works, systems, devices, applications, or compo-
7 nents—
8 (A) within the proposed solution of the
9 project; and
10 (B) at the necessary external interfaces at
11 the proposed solution boundaries;
12 (2) will perform ongoing evaluation of cybersecu-
13 rity risks to address issues as the issues arise through-
14 out the life of the proposed solution;
15 (3) will report known or suspected network or
16 system compromises of the project to the Secretary;
17 and
18 (4) will leverage applicable cybersecurity pro-
19 grams of the Department, including cyber vulner-
20 ability testing and security engineering evaluations.
21 (c) ADDITIONAL GUIDANCE.—Each recipient described
22 in subsection (a) should—
23 (1) maximize the use of open guidance and
24 standards, including, wherever possible—
† HR 3684 EAS
1397
1 (A) the Cybersecurity Capability Maturity
2 Model of the Department (or a successor model);
3 and
4 (B) the Framework for Improving Critical
5 Infrastructure Cybersecurity of the National In-
6 stitute of Standards and Technology; and
7 (2) document —
8 (A) any deviation from open standards; and
9 (B) the utilization of proprietary standards
10 where the recipient determines that such devi-
11 ation necessary.
12 (d) COORDINATION.—The Office of Cybersecurity, En-
13 ergy Security, and Emergency Response of the Department
14 shall review each cybersecurity plan submitted under sub-
15 section (a) to ensure integration with Department research,
16 development, and demonstration programs.
17 (e) PROTECTION OF INFORMATION.—Information pro-
18 vided to, or collected by, the Federal Government pursuant
19 to this section the disclosure of which the Secretary reason-
20 ably foresees could be detrimental to the physical security
21 or cybersecurity of any electric utility or the bulk-power
22 system—
23 (1) shall be exempt from disclosure under section
24 552(b)(3) of title 5, United States Code; and
† HR 3684 EAS
1398
1 (2) shall not be made available by any Federal
2 agency, State, political subdivision of a State, or
3 Tribal authority pursuant to any Federal, State, po-
4 litical subdivision of a State, or Tribal law, respec-
5 tively, requiring public disclosure of information or
6 records.
7 SEC. 40127. SAVINGS PROVISION.
† HR 3684 EAS
1399
1 (c) PURPOSE.—The purpose of the Initiative shall be
2 to accelerate efforts to carry out the fundamental resources
3 and mapping mission of the United States Geological Sur-
4 vey by—
5 (1) providing integrated topographic, geologic,
6 geochemical, and geophysical mapping;
7 (2) accelerating the integration and consolida-
8 tion of geospatial and resource data; and
9 (3) providing interpretation of subsurface and
10 above-ground mineral resources data.
11 (d) COOPERATIVE AGREEMENTS.—
12 (1) IN GENERAL.—In carrying out the Initiative,
13 the Director of the United States Geological Survey
14 may enter into cooperative agreements with State geo-
15 logical surveys.
16 (2) EFFECT.—Nothing in paragraph (1) pre-
17 cludes the Director of the United States Geological
18 Survey from using existing contracting authorities in
19 carrying out the Initiative.
20 (e) COMPREHENSIVE MAPPING MODERNIZATION.—
21 (1) IN GENERAL.—Not later than 10 years after
22 the date of enactment of this Act, the Initiative shall
23 complete an initial comprehensive national modern
24 surface and subsurface mapping and data integration
25 effort.
† HR 3684 EAS
1400
1 (2) APPROACH.—In carrying out paragraph (1)
2 with regard to minerals, mineralization, and mineral
3 deposits, the Initiative shall focus on the full range of
4 minerals, using a whole ore body approach rather
5 than a single commodity approach, to emphasize all
6 of the recoverable critical minerals in a given surface
7 or subsurface deposit.
8 (3) PRIORITY.—In carrying out paragraph (1)
9 with regard to minerals, mineralization, and mineral
10 deposits, the Initiative shall prioritize mapping and
11 assessing critical minerals.
12 (4) INCLUSIONS.—In carrying out paragraph
13 (1), the Initiative shall also—
14 (A) map and collect data for areas con-
15 taining mine waste to increase understanding of
16 above-ground critical mineral resources in pre-
17 viously disturbed areas; and
18 (B) provide for analysis of samples, includ-
19 ing samples within the National Geological and
20 Geophysical Data Preservation Program estab-
21 lished under section 351(b) of the Energy Policy
22 Act of 2005 (42 U.S.C. 15908(b)) for the occur-
23 rence of critical minerals.
24 (f) AVAILABILITY.—The Initiative shall make the
25 geospatial data and metadata gathered by the Initiative
† HR 3684 EAS
1401
1 under subsection (e)(1) electronically publicly accessible on
2 an ongoing basis.
3 (g) INTEGRATION OF DATA SOURCES.—The Initiative
4 shall integrate data sources, including data from—
5 (1) the National Cooperative Geologic Mapping
6 Program established by section 4(a)(1) of the National
7 Geologic Mapping Act of 1992 (43 U.S.C. 31c(a)(1));
8 (2) the National Geological and Geophysical
9 Data Preservation Program established under section
10 351(b) of the Energy Policy Act of 2005 (42 U.S.C.
11 15908(b));
12 (3) the USMIN Mineral Deposit Database of the
13 United States Geological Survey;
14 (4) the 3D Elevation Program established under
15 section 5(a) of the National Landslide Preparedness
16 Act (43 U.S.C. 3104(a)); and
17 (5) other relevant sources, including sources pro-
18 viding geothermal resources data.
19 (h) AUTHORIZATION OF APPROPRIATIONS.—There is
20 authorized to be appropriated to the Secretary to carry out
21 this section $320,000,000 for the period of fiscal years 2022
22 through 2026, to remain available until expended.
† HR 3684 EAS
1402
1 SEC. 40202. NATIONAL COOPERATIVE GEOLOGIC MAPPING
2 PROGRAM.
7 COMPONENT.—
16 CILITY.
† HR 3684 EAS
1404
1 (c) AGREEMENTS.—The Director may enter into agree-
2 ments with, and to collect and expend funds or in-kind con-
3 tributions from, academic, Federal, State, or other tenants
4 over the life of the facility described in subsection (a) for
5 the purposes of—
6 (1) facility planning;
7 (2) design;
8 (3) maintenance;
9 (4) operation; or
10 (5) facility improvements.
11 (d) LEASES.—The Director may enter into a lease or
12 other agreement with the academic partner with which the
13 Director has entered into a cooperative agreement under
14 subsection (a), at no cost to the Federal Government, to ob-
15 tain land on which to construct the facility described in
16 that subsection for a term of not less than 99 years.
17 (e) REPORTS.—The Director shall submit to Congress
18 annual reports on—
19 (1) the facility described in subsection (a); and
20 (2) the authorities used under this section.
21 (f) AUTHORIZATION OF APPROPRIATIONS.—There is
22 authorized to be appropriated to the Secretary of the Inte-
23 rior to carry out this section $167,000,000 for fiscal year
24 2022, to remain available until expended.
† HR 3684 EAS
1405
1 SEC. 40205. RARE EARTH ELEMENTS DEMONSTRATION FA-
2 CILITY.
† HR 3684 EAS
1406
1 ‘‘(B) separate mixed rare earth oxides into
2 pure oxides of each rare earth element;
3 ‘‘(C) refine rare earth oxides into rare earth
4 metals; and
5 ‘‘(D) provide for separation of rare earth
6 oxides and refining into rare earth metals at a
7 single site.
8 ‘‘(3) AUTHORIZATION OF APPROPRIATIONS.—
14 ABILITY.
† HR 3684 EAS
1407
1 (2) many critical minerals are only economic to
2 recover when combined with the production of a host
3 mineral;
4 (3) to the maximum extent practicable, the crit-
5 ical mineral needs of the United States should be sat-
6 isfied by minerals responsibly produced and recycled
7 in the United States; and
8 (4) the Federal permitting process has been iden-
9 tified as an impediment to mineral production and
10 the mineral security of the United States.
11 (c) FEDERAL PERMITTING AND REVIEW PERFORM-
12 ANCE IMPROVEMENTS.—To improve the quality and timeli-
13 ness of Federal permitting and review processes with respect
14 to critical mineral production on Federal land, the Sec-
15 retary of the Interior, acting through the Director of the
16 Bureau of Land Management, and the Secretary of Agri-
17 culture, acting through the Chief of the Forest Service (re-
18 ferred to in this section as the ‘‘Secretaries’’), to the max-
19 imum extent practicable, shall complete the Federal permit-
20 ting and review processes with maximum efficiency and ef-
21 fectiveness, while supporting vital economic growth, by—
22 (1) establishing and adhering to timelines and
23 schedules for the consideration of, and final decisions
24 regarding, applications, operating plans, leases, li-
† HR 3684 EAS
1408
1 censes, permits, and other use authorizations for crit-
2 ical mineral-related activities on Federal land;
3 (2) establishing clear, quantifiable, and temporal
4 permitting performance goals and tracking progress
5 against those goals;
6 (3) engaging in early collaboration among agen-
7 cies, project sponsors, and affected stakeholders—
8 (A) to incorporate and address the interests
9 of those parties; and
10 (B) to minimize delays;
11 (4) ensuring transparency and accountability by
12 using cost-effective information technology to collect
13 and disseminate information regarding individual
14 projects and agency performance;
15 (5) engaging in early and active consultation
16 with State, local, and Tribal governments—
17 (A) to avoid conflicts or duplication of ef-
18 fort;
19 (B) to resolve concerns; and
20 (C) to allow for concurrent, rather than se-
21 quential, reviews;
22 (6) providing demonstrable improvements in the
23 performance of Federal permitting and review proc-
24 esses, including lower costs and more timely decisions;
† HR 3684 EAS
1409
1 (7) expanding and institutionalizing Federal
2 permitting and review process improvements that
3 have proven effective;
4 (8) developing mechanisms to better commu-
5 nicate priorities and resolve disputes among agencies
6 at the national, regional, State, and local levels; and
7 (9) developing other practices, such as
8 preapplication procedures.
9 (d) REVIEW AND REPORT.—Not later than 1 year after
10 the date of enactment of this Act, the Secretaries shall sub-
11 mit to Congress a report that—
12 (1) identifies additional measures, including reg-
13 ulatory and legislative proposals, if appropriate, that
14 would increase the timeliness of permitting activities
15 for the exploration and development of domestic crit-
16 ical minerals;
17 (2) identifies options, including cost recovery
18 paid by permit applicants, for ensuring adequate
19 staffing and training of Federal entities and per-
20 sonnel responsible for the consideration of applica-
21 tions, operating plans, leases, licenses, permits, and
22 other use authorizations for critical mineral-related
23 activities on Federal land;
24 (3) quantifies the period of time typically re-
25 quired to complete each step associated with the devel-
† HR 3684 EAS
1410
1 opment and processing of applications, operating
2 plans, leases, licenses, permits, and other use author-
3 izations for critical mineral-related activities on Fed-
4 eral land, including by—
5 (A) calculating the range, the mean, the me-
6 dian, the variance, and other statistical meas-
7 ures or representations of the period of time; and
8 (B) taking into account other aspects that
9 affect the period of time that are outside the con-
10 trol of the Executive branch, such as judicial re-
11 view, applicant decisions, or State and local gov-
12 ernment involvement; and
13 (4) describes actions carried out pursuant to sub-
14 section (c).
15 (e) PERFORMANCE METRIC.—Not later than 90 days
16 after the date of submission of the report under subsection
17 (d), and after providing public notice and an opportunity
18 to comment, the Secretaries, using as a baseline the period
19 of time quantified under paragraph (3) of that subsection,
20 shall develop and publish a performance metric for evalu-
21 ating the progress made by the Executive branch to expedite
22 the permitting of activities that will increase exploration
23 for, and development of, domestic critical minerals, while
24 maintaining environmental standards.
† HR 3684 EAS
1411
1 (f) ANNUAL REPORTS.—Not later than the date on
2 which the President submits the first budget of the President
3 under section 1105 of title 31, United States Code, after
4 publication of the performance metric required under sub-
5 section (e), and annually thereafter, the Secretaries shall
6 submit to Congress a report that—
7 (1) summarizes the implementation of rec-
8 ommendations, measures, and options identified in
9 paragraphs (1) and (2) of subsection (d);
10 (2) using the performance metric developed
11 under subsection (e), describes progress made by the
12 Executive branch, as compared to the baseline devel-
13 oped pursuant to subsection (d)(3), in expediting the
14 permitting of activities that will increase exploration
15 for, and development of, domestic critical minerals;
16 and
17 (3) compares the United States to other countries
18 in terms of permitting efficiency and any other cri-
19 teria relevant to the globally competitive critical min-
20 erals industry.
21 (g) INDIVIDUAL PROJECTS.—Each year, using data
22 contained in the reports submitted under subsection (f), the
23 Director of the Office of Management and Budget shall
24 prioritize inclusion of individual critical mineral projects
25 on the website operated by the Office of Management and
† HR 3684 EAS
1412
1 Budget in accordance with section 1122 of title 31, United
2 States Code.
3 SEC. 40207. BATTERY PROCESSING AND MANUFACTURING.
† HR 3684 EAS
1413
1 (1) through (5) of section 989(b) of the Energy Policy
2 Act of 2005 (42 U.S.C. 16353(b)).
3 (5) FOREIGN ENTITY OF CONCERN.—The term
4 ‘‘foreign entity of concern’’ means a foreign entity
5 that is—
6 (A) designated as a foreign terrorist organi-
7 zation by the Secretary of State under section
8 219(a) of the Immigration and Nationality Act
9 (8 U.S.C. 1189(a));
10 (B) included on the list of specially des-
11 ignated nationals and blocked persons main-
12 tained by the Office of Foreign Assets Control of
13 the Department of the Treasury (commonly
14 known as the ‘‘SDN list’’);
15 (C) owned by, controlled by, or subject to
16 the jurisdiction or direction of a government of
17 a foreign country that is a covered nation (as de-
18 fined in section 2533c(d) of title 10, United
19 States Code);
20 (D) alleged by the Attorney General to have
21 been involved in activities for which a conviction
22 was obtained under—
23 (i) chapter 37 of title 18, United States
24 Code (commonly known as the ‘‘Espionage
25 Act’’);
† HR 3684 EAS
1414
1 (ii) section 951 or 1030 of title 18,
2 United States Code;
3 (iii) chapter 90 of title 18, United
4 States Code (commonly known as the ‘‘Eco-
5 nomic Espionage Act of 1996’’);
6 (iv) the Arms Export Control Act (22
7 U.S.C. 2751 et seq.);
8 (v) section 224, 225, 226, 227, or 236
9 of the Atomic Energy Act of 1954 (42
10 U.S.C. 2274, 2275, 2276, 2277, and 2284);
11 (vi) the Export Control Reform Act of
12 2018 (50 U.S.C. 4801 et seq.); or
13 (vii) the International Emergency Eco-
14 nomic Powers Act (50 U.S.C. 1701 et seq.);
15 or
16 (E) determined by the Secretary, in con-
17 sultation with the Secretary of Defense and the
18 Director of National Intelligence, to be engaged
19 in unauthorized conduct that is detrimental to
20 the national security or foreign policy of the
21 United States.
22 (6) MANUFACTURING.—The term ‘‘manufac-
23 turing’’, with respect to an advanced battery and an
24 advanced battery component, means the industrial
† HR 3684 EAS
1415
1 and chemical steps taken to produce that advanced
2 battery or advanced battery component, respectively.
3 (7) PROCESSING.—The term ‘‘processing’’, with
4 respect to battery material, means the refining of ma-
5 terials, including the treating, baking, and coating
6 processes used to convert raw products into con-
7 stituent materials employed directly in advanced bat-
8 tery manufacturing.
9 (8) RECYCLING.—The term ‘‘recycling’’ means
10 the recovery of materials from advanced batteries to
11 be reused in similar applications, including the ex-
12 tracting, processing, and recoating of battery mate-
13 rials and advanced battery components.
14 (b) BATTERY MATERIAL PROCESSING GRANTS.—
15 (1) IN GENERAL.—Not later than 180 days after
16 the date of enactment of this Act, the Secretary shall
17 establish within the Office of Fossil Energy a pro-
18 gram, to be known as the ‘‘Battery Material Proc-
19 essing Grant Program’’ (referred to in this subsection
20 as the ‘‘program’’), under which the Secretary shall
21 award grants in accordance with this subsection.
22 (2) PURPOSES.—The purposes of the program
23 are—
24 (A) to ensure that the United States has a
25 viable battery materials processing industry to
† HR 3684 EAS
1416
1 supply the North American battery supply
2 chain;
3 (B) to expand the capabilities of the United
4 States in advanced battery manufacturing;
5 (C) to enhance national security by reduc-
6 ing the reliance of the United States on foreign
7 competitors for critical materials and tech-
8 nologies; and
9 (D) to enhance the domestic processing ca-
10 pacity of minerals necessary for battery mate-
11 rials and advanced batteries.
12 (3) GRANTS.—
13 (A) IN GENERAL.—Under the program, the
14 Secretary shall award grants to eligible enti-
15 ties—
16 (i) to carry out 1 or more demonstra-
17 tion projects in the United States for the
18 processing of battery materials;
19 (ii) to construct 1 or more new com-
20 mercial-scale battery material processing fa-
21 cilities in the United States; and
22 (iii) to retool, retrofit, or expand 1 or
23 more existing battery material processing
24 facilities located in the United States and
25 determined qualified by the Secretary.
† HR 3684 EAS
1417
1 (B) AMOUNT LIMITATION.—The amount of
2 a grant awarded under the program shall be not
3 less than—
4 (i) $50,000,000 for an eligible entity
5 carrying out 1 or more projects described in
6 subparagraph (A)(i);
7 (ii) $100,000,000 for an eligible entity
8 carrying out 1 or more projects described in
9 subparagraph (A)(ii); and
10 (iii) $50,000,000 for an eligible entity
11 carrying out 1 or more projects described in
12 subparagraph (A)(iii).
13 (C) PRIORITY; CONSIDERATION.—In award-
14 ing grants to eligible entities under the program,
15 the Secretary shall—
16 (i) give priority to an eligible entity
17 that—
18 (I) is located and operates in the
19 United States;
20 (II) is owned by a United States
21 entity;
22 (III) deploys North American-
23 owned intellectual property and con-
24 tent;
† HR 3684 EAS
1418
1 (IV) represents consortia or indus-
2 try partnerships; and
3 (V) will not use battery material
4 supplied by or originating from a for-
5 eign entity of concern; and
6 (ii) take into consideration whether a
7 project—
8 (I) provides workforce opportuni-
9 ties in low- and moderate-income com-
10 munities;
11 (II) encourages partnership with
12 universities and laboratories to spur
13 innovation and drive down costs;
14 (III) partners with Indian Tribes;
15 and
16 (IV) takes into account—
17 (aa) greenhouse gas emis-
18 sions reductions and energy effi-
19 cient battery material processing
20 opportunities throughout the man-
21 ufacturing process; and
22 (bb) supply chain logistics.
23 (4) AUTHORIZATION OF APPROPRIATIONS.—
† HR 3684 EAS
1419
1 the period of fiscal years 2022 through 2026, to re-
2 main available until expended.
3 (c) BATTERY MANUFACTURING AND RECYCLING
4 GRANTS.—
5 (1) IN GENERAL.—Not later than 180 days after
6 the date of enactment of this Act, the Secretary shall
7 establish within the Office of Energy Efficiency and
8 Renewable Energy a battery manufacturing and recy-
9 cling grant program (referred to in this subsection as
10 the ‘‘program’’).
11 (2) PURPOSE.—The purpose of the program is to
12 ensure that the United States has a viable domestic
13 manufacturing and recycling capability to support
14 and sustain a North American battery supply chain.
15 (3) GRANTS.—
16 (A) IN GENERAL.—Under the program, the
17 Secretary shall award grants to eligible enti-
18 ties—
19 (i) to carry out 1 or more demonstra-
20 tion projects for advanced battery compo-
21 nent manufacturing, advanced battery man-
22 ufacturing, and recycling;
23 (ii) to construct 1 or more new com-
24 mercial-scale advanced battery component
25 manufacturing, advanced battery manufac-
† HR 3684 EAS
1420
1 turing, or recycling facilities in the United
2 States; and
3 (iii) to retool, retrofit, or expand 1 or
4 more existing facilities located in the
5 United States and determined qualified by
6 the Secretary for advanced battery compo-
7 nent manufacturing, advanced battery man-
8 ufacturing, and recycling.
9 (B) AMOUNT LIMITATION.—The amount of
10 a grant awarded under the program shall be not
11 less than—
12 (i) $50,000,000 for an eligible entity
13 carrying out 1 or more projects described in
14 subparagraph (A)(i);
15 (ii) $100,000,000 for an eligible entity
16 carrying out 1 or more projects described in
17 subparagraph (A)(ii); and
18 (iii) $50,000,000 for an eligible entity
19 carrying out 1 or more projects described in
20 subparagraph (A)(iii).
21 (C) PRIORITY; CONSIDERATION.—In award-
22 ing grants to eligible entities under the program,
23 the Secretary shall—
24 (i) give priority to an eligible entity
25 that—
† HR 3684 EAS
1421
1 (I) is located and operates in the
2 United States;
3 (II) is owned by a United States
4 entity;
5 (III) deploys North American-
6 owned intellectual property and con-
7 tent;
8 (IV) represents consortia or indus-
9 try partnerships; and
10 (V)(aa) if the eligible entity will
11 use the grant for advanced battery
12 component manufacturing, will not use
13 battery material supplied by or origi-
14 nating from a foreign entity of con-
15 cern; or
16 (bb) if the eligible entity will use
17 the grant for battery recycling, will not
18 export recovered critical materials to a
19 foreign entity of concern; and
20 (ii) take into consideration whether a
21 project—
22 (I) provides workforce opportuni-
23 ties in low- and moderate-income or
24 rural communities;
† HR 3684 EAS
1422
1 (II) provides workforce opportuni-
2 ties in communities that have lost jobs
3 due to the displacements of fossil en-
4 ergy jobs;
5 (III) encourages partnership with
6 universities and laboratories to spur
7 innovation and drive down costs;
8 (IV) partners with Indian Tribes;
9 (V) takes into account—
10 (aa) greenhouse gas emis-
11 sions reductions and energy effi-
12 cient battery material processing
13 opportunities throughout the man-
14 ufacturing process; and
15 (bb) supply chain logistics;
16 and
17 (VI) utilizes feedstock produced in
18 the United States.
19 (4) AUTHORIZATION OF APPROPRIATIONS.—
† HR 3684 EAS
1423
1 thereafter, the Secretary shall submit to Congress a report
2 on the grant programs established under subsections (b) and
3 (c), including, with respect to each grant program, a de-
4 scription of—
5 (1) the number of grant applications received;
6 (2) the number of grants awarded and the
7 amount of each award;
8 (3) the purpose and status of each project carried
9 out using a grant; and
10 (4) any other information the Secretary deter-
11 mines necessary.
12 (e) LITHIUM-ION BATTERY RECYCLING PRIZE COM-
13 PETITION.—
21 PILOT PROJECTS.—
† HR 3684 EAS
1424
1 (B) USE OF FUNDS.—The Secretary may
2 use amounts made available under subparagraph
3 (A)—
4 (i) to increase the number of winners
5 of Phase III of the competition;
6 (ii) to increase the amount awarded to
7 each winner of Phase III of the competition;
8 and
9 (iii) to carry out any other activity
10 that is consistent with the goals of Phase III
11 of the competition, as determined by the
12 Secretary.
13 (f) BATTERY AND CRITICAL MINERAL RECYCLING.—
14 (1) DEFINITIONS.—In this subsection:
15 (A) ADMINISTRATOR.—The term ‘‘Adminis-
16 trator’’ means the Administrator of the Environ-
17 mental Protection Agency.
18 (B) BATTERY.—The term ‘‘battery’’ means
19 a device that—
20 (i) consists of 1 or more electrochemical
21 cells that are electrically connected; and
22 (ii) is designed to store and deliver
23 electric energy.
24 (C) BATTERY PRODUCER.—The term ‘‘bat-
25 tery producer’’ means, with respect to a covered
† HR 3684 EAS
1425
1 battery or covered battery-containing product
2 that is sold, offered for sale, or distributed for
3 sale in the United States, including through re-
4 tail, wholesale, business-to-business, and online
5 sale, the following applicable entity:
6 (i) A person who—
7 (I) manufactures the covered bat-
8 tery or covered battery-containing
9 product; and
10 (II) sells or offers for sale the cov-
11 ered battery or covered battery-con-
12 taining product under the brand of
13 that person.
14 (ii) If there is no person described in
15 clause (i) with respect to the covered battery
16 or covered battery-containing product, the
17 owner or licensee of the brand under which
18 the covered battery or covered battery-con-
19 taining product is sold, offered for sale, or
20 distributed, regardless of whether the trade-
21 mark of the brand is registered.
22 (iii) If there is no person described in
23 clause (i) or (ii) with respect to the covered
24 battery or covered battery-containing prod-
25 uct, a person that imports the covered bat-
† HR 3684 EAS
1426
1 tery or covered battery-containing product
2 into the United States for sale or distribu-
3 tion.
4 (D) COVERED BATTERY.—The term ‘‘cov-
5 ered battery’’ means a new or unused primary
6 battery or rechargeable battery.
7 (E) COVERED BATTERY-CONTAINING PROD-
† HR 3684 EAS
1427
1 (I) contains 1 or more voltaic or
2 galvanic cells that are electrically con-
3 nected to produce electric energy;
4 (II) is designed to be recharged;
5 (III) weighs not more than 11
6 pounds; and
7 (IV) has a watt-hour rating of not
8 more than 300 watt-hours.
9 (ii) EXCLUSIONS.—The term ‘‘re-
10 chargeable battery’’ does not include a bat-
11 tery that—
12 (I) contains electrolyte as a free
13 liquid; or
14 (II) employs lead-acid technology,
15 unless that battery is sealed and does
16 not contain electrolyte as a free liquid.
17 (I) RECYCLING.—The term ‘‘recycling’’
18 means the series of activities—
19 (i) during which recyclable materials
20 are processed into specification-grade com-
21 modities, and consumed as raw-material
22 feedstock, in lieu of virgin materials, in the
23 manufacturing of new products;
24 (ii) that may include collection, proc-
25 essing, and brokering; and
† HR 3684 EAS
1428
1 (iii) that result in subsequent con-
2 sumption by a materials manufacturer, in-
3 cluding for the manufacturing of new prod-
4 ucts.
5 (2) BATTERY RECYCLING RESEARCH, DEVELOP-
† HR 3684 EAS
1429
1 (v) the integration of increased quan-
2 tities of recycled critical minerals in bat-
3 teries and other products to develop markets
4 for recycled battery materials and critical
5 minerals;
6 (vi) safe disposal of waste materials
7 and components recovered during the recy-
8 cling process;
9 (vii) the protection of the health and
10 safety of all persons involved in, or in prox-
11 imity to, recycling and reprocessing activi-
12 ties, including communities located near re-
13 cycling and materials reprocessing facili-
14 ties;
15 (viii) mitigation of environmental im-
16 pacts that arise from recycling batteries, in-
17 cluding disposal of toxic reagents and by-
18 products related to recycling processes;
19 (ix) protection of data privacy associ-
20 ated with collected covered battery-con-
21 taining products;
22 (x) the optimization of the value of
23 material derived from recycling batteries;
24 and
† HR 3684 EAS
1430
1 (xi) the cost-effectiveness and benefits
2 of the reuse and recycling of batteries and
3 critical minerals.
4 (B) ELIGIBLE ENTITIES.—The Secretary, in
5 coordination with the Administrator, may
6 award a grant under subparagraph (A) to—
7 (i) an institution of higher education;
8 (ii) a National Laboratory;
9 (iii) a Federal research agency;
10 (iv) a State research agency;
11 (v) a nonprofit organization;
12 (vi) an industrial entity;
13 (vii) a manufacturing entity;
14 (viii) a private battery-collection enti-
15 ty;
16 (ix) an entity operating 1 or more bat-
17 tery recycling activities;
18 (x) a State or municipal government
19 entity;
20 (xi) a battery producer;
21 (xii) a battery retailer; or
22 (xiii) a consortium of 2 or more enti-
23 ties described in clauses (i) through (xii).
24 (C) APPLICATIONS.—
† HR 3684 EAS
1431
1 (i) IN GENERAL.—To be eligible to re-
2 ceive a grant under subparagraph (A), an
3 eligible entity described in subparagraph
4 (B) shall submit to the Secretary an appli-
5 cation at such time, in such manner, and
6 containing such information as the Sec-
7 retary may require.
8 (ii) CONTENTS.—An application sub-
9 mitted under clause (i) shall describe how
10 the project will promote collaboration
11 among—
12 (I) battery producers and manu-
13 facturers;
14 (II) battery material and equip-
15 ment manufacturers;
16 (III) battery recyclers, collectors,
17 and refiners; and
18 (IV) retailers.
19 (D) AUTHORIZATION OF APPROPRIA-
† HR 3684 EAS
1432
1 (A) IN GENERAL.—The Secretary, in coordi-
2 nation with the Administrator, shall establish a
3 program under which the Secretary shall award
4 grants, on a competitive basis, to States and
5 units of local government to assist in the estab-
6 lishment or enhancement of State battery collec-
7 tion, recycling, and reprocessing programs.
8 (B) NON-FEDERAL COST SHARE.—The non-
9 Federal share of the cost of a project carried out
10 using a grant under this paragraph shall be 50
11 percent of the cost of the project.
12 (C) REPORT.—Not later than 2 years after
13 the date of enactment of this Act, and annually
14 thereafter, the Secretary shall submit to Congress
15 a report that describes the number of battery col-
16 lection points established or enhanced, an esti-
17 mate of jobs created, and the quantity of mate-
18 rial collected as a result of the grants awarded
19 under subparagraph (A).
20 (D) AUTHORIZATION OF APPROPRIA-
† HR 3684 EAS
1433
1 (A) IN GENERAL.—The Secretary shall
2 award grants, on a competitive basis, to retailers
3 that sell covered batteries or covered battery-con-
4 taining products to establish and implement a
5 system for the acceptance and collection of cov-
6 ered batteries and covered battery-containing
7 products, as applicable, for reuse, recycling, or
8 proper disposal.
9 (B) COLLECTION SYSTEM.—A system de-
10 scribed in subparagraph (A) shall include take-
11 back of covered batteries—
12 (i) at no cost to the consumer; and
13 (ii) on a regular, convenient, and ac-
14 cessible basis.
15 (C) AUTHORIZATION OF APPROPRIA-
21 ITIES.—
† HR 3684 EAS
1434
1 (i) addresses battery recycling goals,
2 cost structures for mandatory recycling, re-
3 porting requirements, product design, collec-
4 tion models, and transportation of collected
5 materials;
6 (ii) provides sufficient flexibility to
7 allow battery producers to determine cost-ef-
8 fective strategies for compliance with the
9 framework; and
10 (iii) outlines regulatory pathways for
11 effective recycling.
12 (B) TASK FORCE MEMBERS.—Members of
13 the task force convened under subparagraph (A)
14 shall include—
15 (i) battery producers, manufacturers,
16 retailers, recyclers, and collectors or proc-
17 essors;
18 (ii) States and municipalities; and
19 (iii) other relevant stakeholders, such
20 as environmental, energy, or consumer or-
21 ganizations, as determined by the Secretary.
22 (C) REPORT.—Not later than 1 year after
23 the date on which the Secretary, in coordination
24 with Administrator, convenes the task force
† HR 3684 EAS
1435
1 under subparagraph (A), the Secretary shall sub-
2 mit to Congress a report that—
3 (i) describes the extended producer re-
4 sponsibility framework developed by the
5 task force;
6 (ii) includes the recommendations of
7 the task force on how best to implement a
8 mandatory pay-in or other enforcement
9 mechanism to ensure that battery producers
10 and sellers are contributing to the recycling
11 of batteries; and
12 (iii) suggests regulatory pathways for
13 effective recycling.
14 (6) EFFECT ON MERCURY-CONTAINING AND RE-
† HR 3684 EAS
1436
1 (1) by striking subsection (k) and inserting the
2 following:
3 ‘‘(k) ELECTRIC DRIVE VEHICLE BATTERY SECOND-
4 LIFE APPLICATIONS AND RECYCLING.—
5 ‘‘(1) DEFINITIONS.—In this subsection:
6 ‘‘(A) BATTERY RECYCLING AND SECOND-
† HR 3684 EAS
1437
1 ‘‘(E) ELIGIBLE ENTITY.—The term ‘eligible
2 entity’ means an entity described in any of
3 paragraphs (1) through (5) of section 989(b) of
4 the Energy Policy Act of 2005 (42 U.S.C.
5 16353(b)).
6 ‘‘(2) PROGRAM.—The Secretary shall carry out a
7 program of research, development, and demonstration
8 of—
9 ‘‘(A) second-life applications for electric
10 drive vehicle batteries that have been used to
11 power electric drive vehicles; and
12 ‘‘(B) technologies and processes for final re-
13 cycling and disposal of the devices described in
14 subparagraph (A).
15 ‘‘(3) ELECTRIC DRIVE VEHICLE BATTERY RECY-
† HR 3684 EAS
1438
1 ‘‘(B) PURPOSES.—The purposes of the bat-
2 tery recycling and second-life applications pro-
3 gram are the following:
4 ‘‘(i) To improve the recycling rates and
5 second-use adoption rates of electric drive
6 vehicle batteries.
7 ‘‘(ii) To optimize the design and
8 adaptability of electric drive vehicle bat-
9 teries to make electric drive vehicle batteries
10 more easily recyclable.
11 ‘‘(iii) To establish alternative supply
12 chains for critical materials that are found
13 in electric drive vehicle batteries.
14 ‘‘(iv) To reduce the cost of manufac-
15 turing, installation, purchase, operation,
16 and maintenance of electric drive vehicle
17 batteries.
18 ‘‘(v) To improve the environmental im-
19 pact of electric drive vehicle battery recy-
20 cling processes.
21 ‘‘(C) TARGETS.—In carrying out the bat-
22 tery recycling and second-life applications pro-
23 gram, the Secretary shall address near-term (up
24 to 2 years), mid-term (up to 5 years), and long-
† HR 3684 EAS
1439
1 term (up to 10 years) challenges to the recycling
2 of electric drive vehicle batteries.
3 ‘‘(D) GRANTS.—
4 ‘‘(i) IN GENERAL.—In carrying out the
5 battery recycling and second-life applica-
6 tions program, the Secretary shall award
7 multiyear grants on a competitive, merit-re-
8 viewed basis to eligible entities—
9 ‘‘(I) to conduct research, develop-
10 ment, testing, and evaluation of solu-
11 tions to increase the rate and produc-
12 tivity of electric drive vehicle battery
13 recycling; and
14 ‘‘(II) for research, development,
15 and demonstration projects to create
16 innovative and practical approaches to
17 increase the recycling and second-use of
18 electric drive vehicle batteries, includ-
19 ing by addressing—
20 ‘‘(aa) technology to increase
21 the efficiency of electric drive ve-
22 hicle battery recycling and maxi-
23 mize the recovery of critical mate-
24 rials for use in new products;
† HR 3684 EAS
1440
1 ‘‘(bb) expanded uses for crit-
2 ical materials recovered from elec-
3 tric drive vehicle batteries;
4 ‘‘(cc) product design and
5 construction to facilitate the dis-
6 assembly and recycling of electric
7 drive vehicle batteries;
8 ‘‘(dd) product design and
9 construction and other tools and
10 techniques to extend the lifecycle
11 of electric drive vehicle batteries,
12 including methods to promote the
13 safe second-use of electric drive ve-
14 hicle batteries;
15 ‘‘(ee) strategies to increase
16 consumer acceptance of, and par-
17 ticipation in, the recycling of elec-
18 tric drive vehicle batteries;
19 ‘‘(ff) improvements and
20 changes to electric drive vehicle
21 battery chemistries that include
22 ways to decrease processing costs
23 for battery recycling without sac-
24 rificing front-end performance;
† HR 3684 EAS
1441
1 ‘‘(gg) second-use of electric
2 drive vehicle batteries, including
3 in applications outside of the
4 automotive industry; and
5 ‘‘(hh) the commercialization
6 and scale-up of electric drive vehi-
7 cle battery recycling technologies.
8 ‘‘(ii) PRIORITY.—In awarding grants
9 under clause (i), the Secretary shall give
10 priority to projects that—
11 ‘‘(I) are located in geographically
12 diverse regions of the United States;
13 ‘‘(II) include business commer-
14 cialization plans that have the poten-
15 tial for the recycling of electric drive
16 vehicle batteries at high volumes;
17 ‘‘(III) support the development of
18 advanced manufacturing technologies
19 that have the potential to improve the
20 competitiveness of the United States in
21 the international electric drive vehicle
22 battery manufacturing sector;
23 ‘‘(IV) provide the greatest poten-
24 tial to reduce costs for consumers and
25 promote accessibility and community
† HR 3684 EAS
1442
1 implementation of demonstrated tech-
2 nologies;
3 ‘‘(V) increase disclosure and
4 transparency of information to con-
5 sumers;
6 ‘‘(VI) support the development or
7 demonstration of projects in economi-
8 cally distressed areas; and
9 ‘‘(VII) support other relevant pri-
10 orities, as determined to be appro-
11 priate by the Secretary.
12 ‘‘(iii) SOLICITATION.—Not later than
13 90 days after the date of enactment of the
14 Infrastructure Investment and Jobs Act,
15 and annually thereafter, the Secretary shall
16 conduct a national solicitation for applica-
17 tions for grants described in clause (i).
18 ‘‘(iv) DISSEMINATION OF RESULTS.—
† HR 3684 EAS
1443
1 design, installation, refurbishing, or re-
2 cycling industries;
3 ‘‘(II) coordination with informa-
4 tion dissemination programs relating
5 to general recycling of electronic de-
6 vices; and
7 ‘‘(III) educational materials for
8 the public, produced in conjunction
9 with State and local governments or
10 nonprofit organizations, on the prob-
11 lems and solutions relating to the recy-
12 cling and second-life applications of
13 electric drive vehicle batteries.
14 ‘‘(E) COORDINATION WITH OTHER PRO-
† HR 3684 EAS
1444
1 ‘‘(ii) REPORT.—Not later than 1 year
2 after the date of enactment of the Infra-
3 structure Investment and Jobs Act, the Sec-
4 retary shall submit to the Committee on
5 Energy and Natural Resources of the Sen-
6 ate, the Committee on Science, Space, and
7 Technology of the House of Representatives,
8 and any other relevant committee of Con-
9 gress a report containing the results of the
10 study under clause (i), including a descrip-
11 tion of—
12 ‘‘(I) the ability of relevant busi-
13 nesses or other entities to competitively
14 manufacture electric drive vehicle bat-
15 teries and recycle electric drive vehicle
16 batteries in the United States;
17 ‘‘(II) any existing electric drive
18 vehicle battery recycling and second-
19 use practices and plans of electric
20 drive vehicle manufacturing companies
21 in the United States;
22 ‘‘(III) any barriers to electric
23 drive vehicle battery recycling in the
24 United States;
† HR 3684 EAS
1445
1 ‘‘(IV) opportunities and barriers
2 in electric drive vehicle battery supply
3 chains in the United States and inter-
4 nationally, including with allies and
5 trading partners;
6 ‘‘(V) opportunities for job creation
7 in the electric drive vehicle battery re-
8 cycling and manufacturing fields and
9 the necessary skills employees must ac-
10 quire for growth of those fields in the
11 United States;
12 ‘‘(VI) policy recommendations for
13 enhancing electric drive vehicle battery
14 manufacturing and recycling in the
15 United States;
16 ‘‘(VII) any recommendations for
17 lowering logistics costs and creating
18 better coordination and efficiency with
19 respect to the removal, collection,
20 transportation, storage, and dis-
21 assembly of electric drive vehicle bat-
22 teries;
23 ‘‘(VIII) any recommendations for
24 areas of coordination with other Fed-
25 eral agencies to improve electric drive
† HR 3684 EAS
1446
1 vehicle battery recycling rates in the
2 United States;
3 ‘‘(IX) an aggressive 2-year target
4 and plan, the implementation of which
5 shall begin during the 90-day period
6 beginning on the date on which the re-
7 port is submitted, to enhance the com-
8 petitiveness of electric drive vehicle bat-
9 tery manufacturing and recycling in
10 the United States; and
11 ‘‘(X) needs for future research, de-
12 velopment, and demonstration projects
13 in electric drive vehicle battery manu-
14 facturing, recycling, and related areas,
15 as determined by the Secretary.
16 ‘‘(G) EVALUATION.—Not later than 3 years
17 after the date on which the report under sub-
18 paragraph (F)(ii) is submitted, and every 4
19 years thereafter, the Secretary shall conduct, and
20 make available to the public and the relevant
21 committees of Congress, an independent review of
22 the progress of the grants awarded under sub-
23 paragraph (D) in meeting the recommendations
24 and targets included in the report.’’; and
† HR 3684 EAS
1447
1 (2) in subsection (p), by striking paragraph (6)
2 and inserting the following:
3 ‘‘(6) the electric drive vehicle battery recycling
4 and second-life applications program under sub-
5 section (k) $200,000,000 for the period of fiscal years
6 2022 through 2026.’’.
7 SEC. 40209. ADVANCED ENERGY MANUFACTURING AND RE-
† HR 3684 EAS
1448
1 (E) equipment designed to refine,
2 electrolyze, or blend any fuel, chemical, or prod-
3 uct that is—
4 (i) renewable; or
5 (ii) low-carbon and low-emission;
6 (F) property designed to produce energy
7 conservation technologies (including for residen-
8 tial, commercial, and industrial applications);
9 (G)(i) light-, medium-, or heavy-duty elec-
10 tric or fuel cell vehicles, electric or fuel cell loco-
11 motives, electric or fuel cell maritime vessels, or
12 electric or fuel cell planes;
13 (ii) technologies, components, and materials
14 of those vehicles, locomotives, maritime vessels, or
15 planes; and
16 (iii) charging or refueling infrastructure as-
17 sociated with those vehicles, locomotives, mari-
18 time vessels, or planes;
19 (H)(i) hybrid vehicles with a gross vehicle
20 weight rating of not less than 14,000 pounds;
21 and
22 (ii) technologies, components, and materials
23 for those vehicles; and
† HR 3684 EAS
1449
1 (I) other advanced energy property designed
2 to reduce greenhouse gas emissions, as may be
3 determined by the Secretary.
4 (2) COVERED CENSUS TRACT.—The term ‘‘cov-
5 ered census tract’’ means a census tract—
6 (A) in which, after December 31, 1999, a
7 coal mine had closed;
8 (B) in which, after December 31, 2009, a
9 coal-fired electricity generating unit had been re-
10 tired; or
11 (C) that is immediately adjacent to a cen-
12 sus tract described in subparagraph (A) or (B).
13 (3) ELIGIBLE ENTITY.—The term ‘‘eligible enti-
14 ty’’ means a manufacturing firm—
15 (A) the gross annual sales of which are less
16 than $100,000,000;
17 (B) that has fewer than 500 employees at
18 the plant site of the manufacturing firm; and
19 (C) the annual energy bills of which total
20 more than $100,000 but less than $2,500,000.
21 (4) MINORITY-OWNED.—The term ‘‘minority-
22 owned’’, with respect to an eligible entity, means an
23 eligible entity not less than 51 percent of which is
24 owned by 1 or more individuals who are—
25 (A) citizens of the United States; and
† HR 3684 EAS
1450
1 (B) Asian American, Native Hawaiian, Pa-
2 cific Islander, African American, Hispanic,
3 Puerto Rican, Native American, or Alaska Na-
4 tive.
5 (5) PROGRAM.—The term ‘‘Program’’ means the
6 grant program established under subsection (b).
7 (6) QUALIFYING ADVANCED ENERGY PROJECT.—
† HR 3684 EAS
1451
1 (III) technology relating to energy effi-
2 ciency and reduction in waste from indus-
3 trial processes; or
4 (IV) any other industrial technology
5 that significantly reduces greenhouse gas
6 emissions, as determined by the Secretary;
7 (B) has a reasonable expectation of commer-
8 cial viability, as determined by the Secretary;
9 and
10 (C) is located in a covered census tract.
11 (b) ESTABLISHMENT.—Not later than 180 days after
12 the date of enactment of this Act, the Secretary shall estab-
13 lish a program to award grants to eligible entities to carry
14 out qualifying advanced energy projects.
15 (c) APPLICATIONS.—
16 (1) IN GENERAL.—Each eligible entity seeking a
17 grant under the Program shall submit to the Sec-
18 retary an application at such time, in such manner,
19 and containing such information as the Secretary
20 may require, including a description of the proposed
21 qualifying advanced energy project to be carried out
22 using the grant.
23 (2) SELECTION CRITERIA.—
† HR 3684 EAS
1452
1 Secretary shall, with respect to the qualifying
2 advanced energy projects proposed by the eligible
3 entities, give higher priority to projects that—
4 (i) will provide higher net impact in
5 avoiding or reducing anthropogenic emis-
6 sions of greenhouse gases;
7 (ii) will result in a higher level of do-
8 mestic job creation (both direct and indi-
9 rect) during the lifetime of the project;
10 (iii) will result in a higher level of job
11 creation in the vicinity of the project, par-
12 ticularly with respect to—
13 (I) low-income communities (as
14 described in section 45D(e) of the In-
15 ternal Revenue Code of 1986); and
16 (II) dislocated workers who were
17 previously employed in manufacturing,
18 coal power plants, or coal mining;
19 (iv) have higher potential for techno-
20 logical innovation and commercial deploy-
21 ment;
22 (v) have a lower levelized cost of—
23 (I) generated or stored energy; or
24 (II) measured reduction in energy
25 consumption or greenhouse gas emis-
† HR 3684 EAS
1453
1 sion (based on costs of the full supply
2 chain); and
3 (vi) have a shorter project time.
4 (B) ELIGIBLE ENTITIES.—In selecting eligi-
5 ble entities to receive grants under the Program,
6 the Secretary shall give priority to eligible enti-
7 ties that are minority-owned.
8 (d) PROJECT COMPLETION AND LOCATION; RETURN OF
9 UNOBLIGATED FUNDS.—
10 (1) COMPLETION; RETURN OF UNOBLIGATED
† HR 3684 EAS
1454
1 for the grant, the eligible entity shall be required to
2 return the grant funds to the Secretary.
3 (e) TECHNICAL ASSISTANCE.—
4 (1) IN GENERAL.—Not later than 180 days after
5 the date of enactment of this Act, the Secretary shall
6 provide technical assistance on a selective basis to eli-
7 gible entities that are seeking a grant under the Pro-
8 gram to enhance the impact of the qualifying ad-
9 vanced energy project to be carried out using the
10 grant with respect to the selection criteria described
11 in subsection (c)(2)(A).
12 (2) APPLICATIONS.—An eligible entity desiring
13 technical assistance under paragraph (1) shall submit
14 to the Secretary an application at such time, in such
15 manner, and containing such information as the Sec-
16 retary may require.
17 (3) FACTORS FOR CONSIDERATION.—In selecting
18 eligible entities for technical assistance under para-
19 graph (1), the Secretary shall give higher priority to
20 eligible entities that propose a qualifying advanced
21 energy project that has greater potential for enhance-
22 ment of the impact of the project with respect to the
23 selection criteria described in subsection (c)(2)(A).
24 (f) PUBLICATION OF GRANTS.—The Secretary shall
25 make publicly available the identity of each eligible entity
† HR 3684 EAS
1455
1 awarded a grant under the Program and the amount of
2 the grant.
3 (g) REPORT.—Not later than 4 years after the date
4 of enactment this Act, the Secretary shall—
5 (1) review the grants awarded under the Pro-
6 gram; and
7 (2) submit to the Committee on Energy and Nat-
8 ural Resources of the Senate and the Committee on
9 Energy and Commerce of the House of Representa-
10 tives a report describing those grants.
11 (h) AUTHORIZATION OF APPROPRIATIONS.—There is
12 authorized to be appropriated to the Secretary to carry out
13 the Program $750,000,000 for the period of fiscal years
14 2022 through 2026.
15 SEC. 40210. CRITICAL MINERALS MINING AND RECYCLING
16 RESEARCH.
† HR 3684 EAS
1456
1 (3) DIRECTOR.—The term ‘‘Director’’ means the
2 Director of the Foundation.
3 (4) END-TO-END.—The term ‘‘end-to-end’’, with
4 respect to the integration of mining or life cycle of
5 minerals, means the integrated approach of, or the
6 lifecycle determined by, examining the research and
7 developmental process from the mining of the raw
8 minerals to its processing into useful materials, its
9 integration into components and devices, the utiliza-
10 tion of such devices in the end-use application to sat-
11 isfy certain performance metrics, and the recycling or
12 disposal of such devices.
13 (5) FOREIGN ENTITY OF CONCERN.—The term
14 ‘‘foreign entity of concern’’ means a foreign entity
15 that is—
16 (A) designated as a foreign terrorist organi-
17 zation by the Secretary of State under section
18 219(a) of the Immigration and Nationality Act
19 (8 U.S.C. 1189(a));
20 (B) included on the list of specially des-
21 ignated nationals and blocked persons main-
22 tained by the Office of Foreign Assets Control of
23 the Department of the Treasury (commonly
24 known as the SDN list);
† HR 3684 EAS
1457
1 (C) owned by, controlled by, or subject to
2 the jurisdiction or direction of a government of
3 a foreign country that is a covered nation (as de-
4 fined in section 2533c(d) of title 10, United
5 States Code);
6 (D) alleged by the Attorney General to have
7 been involved in activities for which a conviction
8 was obtained under—
9 (i) chapter 37 of title 18, United States
10 Code (commonly known as the ‘‘Espionage
11 Act’’);
12 (ii) section 951 or 1030 of title 18,
13 United States Code;
14 (iii) chapter 90 of title 18, United
15 States Code (commonly known as the ‘‘Eco-
16 nomic Espionage Act of 1996)’’;
17 (iv) the Arms Export Control Act (22
18 U.S.C. 2751 et seq.);
19 (v) section 224, 225, 226, 227, or 236
20 of the Atomic Energy Act of 1954 (42
21 U.S.C. 2274, 2275, 2276, 2277, and 2284);
22 (vi) the Export Control Reform Act of
23 2018 (50 U.S.C. 4801 et seq.); or
† HR 3684 EAS
1458
1 (vii) the International Emergency Eco-
2 nomic Powers Act (50 U.S.C. 1701 et seq.);
3 or
4 (E) determined by the Secretary of Com-
5 merce, in consultation with the Secretary of De-
6 fense and the Director of National Intelligence,
7 to be engaged in unauthorized conduct that is
8 detrimental to the national security or foreign
9 policy of the United States.
10 (6) FOUNDATION.—The term ‘‘Foundation’’
11 means the National Science Foundation.
12 (7) INSTITUTION OF HIGHER EDUCATION.—The
† HR 3684 EAS
1459
1 (10) SECONDARY RECOVERY.—The term ‘‘sec-
2 ondary recovery’’ means the recovery of critical min-
3 erals and metals from discarded end-use products or
4 from waste products produced during the metal refin-
5 ing and manufacturing process, including from mine
6 waste piles, acid mine drainage sludge, or byproducts
7 produced through legacy mining and metallurgy ac-
8 tivities.
9 (b) CRITICAL MINERALS MINING AND RECYCLING RE-
10 SEARCH AND DEVELOPMENT.—
11 (1) IN GENERAL.—In order to support supply
12 chain resiliency, the Secretary, in coordination with
13 the Director, shall issue awards, on a competitive
14 basis, to eligible entities described in paragraph (2)
15 to support basic research that will accelerate innova-
16 tion to advance critical minerals mining, recycling,
17 and reclamation strategies and technologies for the
18 purposes of—
19 (A) making better use of domestic resources;
20 and
21 (B) eliminating national reliance on min-
22 erals and mineral materials that are subject to
23 supply disruptions.
† HR 3684 EAS
1460
1 (2) ELIGIBLE ENTITIES.—Entities eligible to re-
2 ceive an award under paragraph (1) are the fol-
3 lowing:
4 (A) Institutions of higher education.
5 (B) National Laboratories.
6 (C) Nonprofit organizations.
7 (D) Consortia of entities described in sub-
8 paragraphs (A) through (C), including consortia
9 that collaborate with private industry.
10 (3) USE OF FUNDS.—Activities funded by an
11 award under this section may include—
12 (A) advancing mining research and devel-
13 opment activities to develop new mapping and
14 mining technologies and techniques, including
15 advanced critical mineral extraction and pro-
16 duction—
17 (i) to improve existing, or to develop
18 new, supply chains of critical minerals; and
19 (ii) to yield more efficient, economical,
20 and environmentally benign mining prac-
21 tices;
22 (B) advancing critical mineral processing
23 research activities to improve separation,
24 alloying, manufacturing, or recycling techniques
25 and technologies that can decrease the energy in-
† HR 3684 EAS
1461
1 tensity, waste, potential environmental impact,
2 and costs of those activities;
3 (C) advancing research and development of
4 critical minerals mining and recycling tech-
5 nologies that take into account the potential end-
6 uses and disposal of critical minerals, in order
7 to improve end-to-end integration of mining and
8 technological applications;
9 (D) conducting long-term earth observation
10 of reclaimed mine sites, including the study of
11 the evolution of microbial diversity at those sites;
12 (E) examining the application of artificial
13 intelligence for geological exploration of critical
14 minerals, including what size and diversity of
15 data sets would be required;
16 (F) examining the application of machine
17 learning for detection and sorting of critical
18 minerals, including what size and diversity of
19 data sets would be required;
20 (G) conducting detailed isotope studies of
21 critical minerals and the development of more
22 refined geologic models; or
23 (H) providing training and research oppor-
24 tunities to undergraduate and graduate students
† HR 3684 EAS
1462
1 to prepare the next generation of mining engi-
2 neers and researchers.
3 (c) CRITICAL MINERALS INTERAGENCY SUB-
4 COMMITTEE.—
† HR 3684 EAS
1463
1 end integration of mining and recycling
2 techniques and the end-use target for crit-
3 ical minerals;
4 (ii) efficient use and reuse of critical
5 minerals, including recycling technologies
6 for critical minerals and the reclamation of
7 critical minerals from components, such as
8 spent batteries;
9 (iii) addressing the technology transi-
10 tions between research or lab-scale mining
11 and recycling and commercialization of
12 these technologies;
13 (iv) the critical minerals workforce of
14 the United States; and
15 (v) United States private industry in-
16 vestments in innovation and technology
17 transfer from federally funded science and
18 technology;
19 (B) to identify emerging opportunities,
20 stimulate international cooperation, and foster
21 the development of secure and reliable supply
22 chains of critical minerals, including activities
23 relating to the reuse of critical minerals via re-
24 cycling;
† HR 3684 EAS
1464
1 (C) to ensure the transparency of informa-
2 tion and data related to critical minerals; and
3 (D) to provide recommendations on coordi-
4 nation and collaboration among the research, de-
5 velopment, and deployment programs and activi-
6 ties of Federal agencies to promote a secure and
7 reliable supply of critical minerals necessary to
8 maintain national security, economic well-being,
9 and industrial production.
10 (3) RESPONSIBILITIES.—In carrying out para-
11 graphs (1) and (2), the Subcommittee may, taking
12 into account the findings and recommendations of rel-
13 evant advisory committees—
14 (A) provide recommendations on how Fed-
15 eral agencies may improve the topographic, geo-
16 logic, and geophysical mapping of the United
17 States and improve the discoverability, accessi-
18 bility, and usability of the resulting and existing
19 data, to the extent permitted by law and subject
20 to appropriate limitation for purposes of privacy
21 and security;
22 (B) assess the progress toward developing
23 critical minerals recycling and reprocessing tech-
24 nologies;
† HR 3684 EAS
1465
1 (C) assess the end-to-end lifecycle of critical
2 minerals, including for mining, usage, recycling,
3 and end-use material and technology require-
4 ments;
5 (D) examine, and provide recommendations
6 for, options for accessing and developing critical
7 minerals through investment and trade with al-
8 lies and partners of the United States;
9 (E) evaluate and provide recommendations
10 to incentivize the development and use of ad-
11 vances in science and technology in the private
12 industry;
13 (F) assess the need for, and make rec-
14 ommendations to address, the challenges the
15 United States critical minerals supply chain
16 workforce faces, including—
17 (i) aging and retiring personnel and
18 faculty;
19 (ii) public perceptions about the nature
20 of mining and mineral processing; and
21 (iii) foreign competition for United
22 States talent;
23 (G) develop, and update as necessary, a
24 strategic plan to guide Federal programs and ac-
25 tivities to enhance—
† HR 3684 EAS
1466
1 (i) scientific and technical capabilities
2 across critical mineral supply chains, in-
3 cluding a roadmap that identifies key re-
4 search and development needs and coordi-
5 nates ongoing activities for source diver-
6 sification, more efficient use, recycling, and
7 substitution for critical minerals; and
8 (ii) cross-cutting mining science, data
9 science techniques, materials science, manu-
10 facturing science and engineering, computa-
11 tional modeling, and environmental health
12 and safety research and development; and
13 (H) report to the appropriate committees of
14 Congress on activities and findings under this
15 subsection.
16 (4) MANDATORY RESPONSIBILITIES.—In car-
17 rying out paragraphs (1) and (2), the Subcommittee
18 shall, taking into account the findings and rec-
19 ommendations of relevant advisory committees, iden-
20 tify and evaluate Federal policies and regulations
21 that restrict the mining of critical minerals.
22 (d) GRANT PROGRAM FOR PROCESSING OF CRITICAL
23 MINERALS AND DEVELOPMENT OF CRITICAL MINERALS
24 AND METALS.—
† HR 3684 EAS
1467
1 (1) ESTABLISHMENT.—The Secretary, in con-
2 sultation with the Director, the Secretary of the Inte-
3 rior, and the Secretary of Commerce, shall establish
4 a grant program to finance pilot projects for—
5 (A) the processing or recycling of critical
6 minerals in the United States; or
7 (B) the development of critical minerals
8 and metals in the United States
9 (2) LIMITATION ON GRANT AWARDS.—A grant
10 awarded under paragraph (1) may not exceed
11 $10,000,000.
12 (3) ECONOMIC VIABILITY.—In awarding grants
13 under paragraph (1), the Secretary shall give priority
14 to projects that the Secretary determines are likely to
15 be economically viable over the long term.
16 (4) SECONDARY RECOVERY.—In awarding grants
17 under paragraph (1), the Secretary shall seek to
18 award not less than 30 percent of the total amount
19 of grants awarded during the fiscal year for projects
20 relating to secondary recovery of critical minerals
21 and metals.
22 (5) DOMESTIC PRIORITY.—In awarding grants
23 for the development of critical minerals and metals
24 under paragraph (1)(B), the Secretary shall prioritize
† HR 3684 EAS
1468
1 pilot projects that will process the critical minerals
2 and metals domestically.
3 (6) PROHIBITION ON PROCESSING BY FOREIGN
14 BOARD.
† HR 3684 EAS
1469
1 (3) identifies areas in which the Department can
2 effectively utilize the technical expertise of the Depart-
3 ment to support the workforce activities of other Fed-
4 eral agencies;
5 (4) strengthens and engages the workforce train-
6 ing programs of the Department and the National
7 Laboratories in carrying out the Equity in Energy
8 Initiative of the Department and other Department
9 workforce priorities;
10 (5) develops plans to support and retrain dis-
11 placed and unemployed energy sector workers; and
12 (6) prioritizes education and job training for
13 underrepresented groups, including racial and ethnic
14 minorities, Indian Tribes, women, veterans, and
15 socioeconomically disadvantaged individuals.
16 (b) MEMBERSHIP.—
17 (1) IN GENERAL.—The Board shall be composed
18 of not fewer than 10 and not more than 15 members,
19 with the initial members of the Board to be appointed
20 by the Secretary not later than 1 year after the date
21 of enactment of this Act.
22 (2) REQUIREMENT.—The Board shall include
23 not fewer than 1 representative of a labor organiza-
24 tion with significant energy experience who has been
25 nominated by a national labor federation.
† HR 3684 EAS
1470
1 (3) QUALIFICATIONS.—Each individual ap-
2 pointed to the Board under paragraph (1) shall have
3 expertise in—
4 (A) the field of economics or workforce de-
5 velopment;
6 (B) relevant traditional energy industries
7 or emerging energy industries, including energy
8 efficiency;
9 (C) secondary or postsecondary education;
10 (D) energy workforce development or ap-
11 prenticeship programs of States or units of local
12 government;
13 (E) relevant organized labor organizations;
14 or
15 (F) bringing underrepresented groups, in-
16 cluding racial and ethnic minorities, women,
17 veterans, and socioeconomically disadvantaged
18 individuals, into the workforce.
19 (c) ADVISORY BOARD REVIEW AND RECOMMENDA-
20 TIONS.—
† HR 3684 EAS
1471
1 pabilities of the Department in the development
2 of a skilled energy workforce;
3 (B) identify ways in which the Department
4 could work with other relevant Federal agencies,
5 States, units of local government, institutions of
6 higher education, labor organizations, Indian
7 Tribes and tribal organizations, and industry in
8 the development of a skilled energy workforce,
9 subject to applicable law;
10 (C) identify ways in which the Department
11 and National Laboratories can—
12 (i) increase outreach to minority-serv-
13 ing institutions; and
14 (ii) make resources available to in-
15 crease the number of skilled minorities and
16 women trained to go into the energy and
17 energy-related manufacturing sectors;
18 (iii) increase outreach to displaced and
19 unemployed energy sector workers; and
20 (iv) make resources available to pro-
21 vide training to displaced and unemployed
22 energy sector workers to reenter the energy
23 workforce; and
24 (D)(i) identify the energy sectors in greatest
25 need of workforce training; and
† HR 3684 EAS
1472
1 (ii) in consultation with the Secretary of
2 Labor, develop recommendations for the skills
3 necessary to develop a workforce trained to work
4 in those energy sectors.
5 (2) REQUIRED ANALYSIS.—In developing the
6 strategy required under subsection (a), the Board
7 shall analyze the effectiveness of—
8 (A) existing Department-directed support;
9 and
10 (B) existing energy workforce training pro-
11 grams.
12 (3) REPORT.—
13 (A) IN GENERAL.—Not later than 1 year
14 after the date on which the Board is established
15 under this section, and biennially thereafter
16 until the date on which the Board is terminated
17 under subsection (f), the Board shall submit to
18 the Secretary a report containing, with respect
19 to the strategy required under subsection (a)—
20 (i) the findings of the Board; and
21 (ii) the proposed energy workforce
22 strategy of the Board.
23 (B) RESPONSE OF THE SECRETARY.—Not
† HR 3684 EAS
1473
1 port is submitted to the Secretary under sub-
2 paragraph (A), the Secretary shall—
3 (i) submit to the Board a response to
4 the report that—
5 (I) describes whether the Secretary
6 approves or disapproves of each rec-
7 ommendation of the Board under sub-
8 paragraph (A); and
9 (II) if the Secretary approves of a
10 recommendation, provides an imple-
11 mentation plan for the recommenda-
12 tion; and
13 (ii) submit to Congress—
14 (I) the report of the Board under
15 subparagraph (A); and
16 (II) the response of the Secretary
17 under clause (i).
18 (C) PUBLIC AVAILABILITY OF REPORT.—
† HR 3684 EAS
1474
1 (II) the date that is 90 days after
2 the date on which the Board submitted
3 the report to the Secretary.
4 (ii) REQUIREMENT.—If the Board has
5 received a response to a report from the Sec-
6 retary under subparagraph (B)(i), the
7 Board shall make that response publicly
8 available with the applicable report.
9 (d) REPORT BY THE SECRETARY.—Not later than 180
10 days before the date of expiration of a term of the Board
11 under subsection (f), the Secretary shall submit to the Com-
12 mittees on Energy and Natural Resources and Appropria-
13 tions of the Senate and the Committees on Energy and
14 Commerce and Appropriations of the House of Representa-
15 tives a report that—
16 (1) describes the effectiveness and accomplish-
17 ments of the Board during the applicable term;
18 (2) contains a determination of the Secretary as
19 to whether the Board should be renewed; and
20 (3) if the Secretary determines that the Board
21 should be renewed, any recommendations as to wheth-
22 er and how the scope and functions of the Board
23 should be modified.
24 (e) OUTREACH TO MINORITY-SERVING INSTITUTIONS,
25 VETERANS, AND DISPLACED AND UNEMPLOYED ENERGY
† HR 3684 EAS
1475
1 WORKERS.—In developing the strategy under subsection
2 (a), the Board shall—
3 (1) give special consideration to increasing out-
4 reach to minority-serving institutions, veterans, and
5 displaced and unemployed energy workers;
6 (2) make resources available to—
7 (A) minority-serving institutions, with the
8 objective of increasing the number of skilled mi-
9 norities and women trained to go into the energy
10 and manufacturing sectors;
11 (B) institutions that serve veterans, with
12 the objective of increasing the number veterans in
13 the energy industry by ensuring that veterans
14 have the credentials and training necessary to se-
15 cure careers in the energy industry; and
16 (C) institutions that serve displaced and
17 unemployed energy workers to increase the num-
18 ber of individuals trained for jobs in the energy
19 industry;
20 (3) encourage the energy industry to improve the
21 opportunities for students of minority-serving institu-
22 tions, veterans, and displaced and unemployed energy
23 workers to participate in internships,
24 preapprenticeships, apprenticeships, and cooperative
25 work-study programs in the energy industry; and
† HR 3684 EAS
1476
1 (4) work with the National Laboratories to in-
2 crease the participation of underrepresented groups,
3 veterans, and displaced and unemployed energy work-
4 ers in internships, fellowships, training programs,
5 and employment at the National Laboratories.
6 (f) TERM.—
7 (1) IN GENERAL.—Subject to paragraph (2), the
8 Board shall terminate on September 30, 2026.
9 (2) EXTENSIONS.—The Secretary may renew the
10 Board for 1 or more 5-year periods by submitting,
11 not later than the date described in subsection (d), a
12 report described in that subsection that contains a de-
13 termination by the Secretary that the Board should be
14 renewed.
15 TITLE III—FUELS AND TECH-
16 NOLOGY INFRASTRUCTURE
17 INVESTMENTS
18 Subtitle A—Carbon Capture, Utili-
19 zation, Storage, and Transpor-
20 tation Infrastructure
21 SEC. 40301. FINDINGS.
† HR 3684 EAS
1477
1 (A) providing millions of jobs and essential
2 products; and
3 (B) demonstrating global leadership in
4 manufacturing and innovation;
5 (2) carbon capture and storage technologies are
6 necessary for reducing hard-to-abate emissions from
7 the industrial sector, which emits nearly 25 percent
8 of carbon dioxide emissions in the United States;
9 (3) carbon removal and storage technologies, in-
10 cluding direct air capture, must be deployed at large-
11 scale in the coming decades to remove carbon dioxide
12 directly from the atmosphere;
13 (4) large-scale deployment of carbon capture, re-
14 moval, utilization, transport, and storage—
15 (A) is critical for achieving mid-century cli-
16 mate goals; and
17 (B) will drive regional economic develop-
18 ment, technological innovation, and high-wage
19 employment;
20 (5) carbon capture, removal, and utilization
21 technologies require a backbone system of shared car-
22 bon dioxide transport and storage infrastructure to
23 enable large-scale deployment, realize economies of
24 scale, and create an interconnected carbon manage-
25 ment market;
† HR 3684 EAS
1478
1 (6) carbon dioxide transport infrastructure and
2 permanent geological storage are proven and safe
3 technologies with existing Federal and State regu-
4 latory frameworks;
5 (7) carbon dioxide transport and storage infra-
6 structure share similar barriers to deployment pre-
7 viously faced by other types of critical national infra-
8 structure, such as high capital costs and chicken-and-
9 egg challenges, that require Federal and State sup-
10 port, in combination with private investment, to be
11 overcome; and
12 (8) each State should take into consideration,
13 with respect to new carbon dioxide transportation in-
14 frastructure—
15 (A) qualifying the infrastructure as pollu-
16 tion control devices under applicable laws (in-
17 cluding regulations) of the State; and
18 (B) establishing a waiver of ad valorem and
19 property taxes for the infrastructure for a period
20 of not less than 10 years.
21 SEC. 40302. CARBON UTILIZATION PROGRAM.
† HR 3684 EAS
1479
1 (A) by redesignating paragraphs (3) and
2 (4) as paragraphs (4) and (5), respectively; and
3 (B) by inserting after paragraph (2) the fol-
4 lowing:
5 ‘‘(3) to develop or obtain, in coordination with
6 other applicable Federal agencies and standard-set-
7 ting organizations, standards and certifications, as
8 appropriate, to facilitate the commercialization of the
9 products and technologies described in paragraph
10 (2);’’;
11 (2) in subsection (b)—
12 (A) by redesignating paragraph (2) as
13 paragraph (3);
14 (B) by inserting after paragraph (1) the fol-
15 lowing:
16 ‘‘(2) GRANT PROGRAM.—
† HR 3684 EAS
1480
1 ‘‘(i) a State;
2 ‘‘(ii) a unit of local government; or
3 ‘‘(iii) a public utility or agency.
4 ‘‘(C) APPLICATIONS.—Eligible entities de-
5 siring a grant under this paragraph shall submit
6 to the Secretary an application at such time, in
7 such manner, and containing such information
8 as the Secretary determines to be appropriate.
9 ‘‘(D) USE OF FUNDS.—An eligible entity
10 shall use a grant received under this paragraph
11 to procure and use commercial or industrial
12 products that—
13 ‘‘(i) use or are derived from anthropo-
14 genic carbon oxides; and
15 ‘‘(ii) demonstrate significant net reduc-
16 tions in lifecycle greenhouse gas emissions
17 compared to incumbent technologies, proc-
18 esses, and products.’’; and
19 (C) in paragraph (3) (as so redesignated),
20 by striking ‘‘paragraph (1)’’ and inserting ‘‘this
21 subsection’’; and
22 (3) by striking subsection (d) and inserting the
23 following:
† HR 3684 EAS
1481
1 ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—There
2 are authorized to be appropriated to the Secretary to carry
3 out this section—
4 ‘‘(1) $41,000,000 for fiscal year 2022;
5 ‘‘(2) $65,250,000 for fiscal year 2023;
6 ‘‘(3) $66,562,500 for fiscal year 2024;
7 ‘‘(4) $67,940,625 for fiscal year 2025; and
8 ‘‘(5) $69,387,656 for fiscal year 2026.’’.
9 SEC. 40303. CARBON CAPTURE TECHNOLOGY PROGRAM.
† HR 3684 EAS
1482
1 (A) in subparagraph (C), by striking ‘‘and’’
2 at the end;
3 (B) in subparagraph (D), by striking the
4 period at the end and inserting ‘‘; and’’; and
5 (C) by adding at the end the following:
6 ‘‘(E) for activities under the front-end engi-
7 neering and design program described in sub-
8 section (b)(2)(E), $100,000,000 for the period of
9 fiscal years 2022 through 2026.’’.
10 SEC. 40304. CARBON DIOXIDE TRANSPORTATION INFRA-
† HR 3684 EAS
1483
1 ‘‘(2) COMMON CARRIER.—The term ‘common car-
2 rier’ means a transportation infrastructure operator
3 or owner that—
4 ‘‘(A) publishes a publicly available tariff
5 containing the just and reasonable rates, terms,
6 and conditions of nondiscriminatory service; and
7 ‘‘(B) holds itself out to provide transpor-
8 tation services to the public for a fee.
9 ‘‘(3) CONTINGENT COMMITMENT.—The term ‘con-
10 tingent commitment’ means a commitment to obligate
11 funds from future available budget authority that
12 is—
13 ‘‘(A) contingent on those funds being made
14 available in law at a future date; and
15 ‘‘(B) not an obligation of the Federal Gov-
16 ernment.
17 ‘‘(4) ELIGIBLE PROJECT COSTS.—The term ‘eli-
18 gible project costs’ means amounts substantially all of
19 which are paid by, or for the account of, an obligor
20 in connection with a project, including—
21 ‘‘(A) the cost of—
22 ‘‘(i) development-phase activities, in-
23 cluding planning, feasibility analysis, rev-
24 enue forecasting, environmental review, per-
25 mitting, preliminary engineering and de-
† HR 3684 EAS
1484
1 sign work, and other preconstruction activi-
2 ties;
3 ‘‘(ii) construction, reconstruction, reha-
4 bilitation, replacement, and acquisition of
5 real property (including land relating to
6 the project and improvements to land), en-
7 vironmental mitigation, construction con-
8 tingencies, and acquisition and installation
9 of equipment (including labor); and
10 ‘‘(iii) capitalized interest necessary to
11 meet market requirements, reasonably re-
12 quired reserve funds, capital issuance ex-
13 penses, and other carrying costs during con-
14 struction; and
15 ‘‘(B) transaction costs associated with fi-
16 nancing the project, including—
17 ‘‘(i) the cost of legal counsel and tech-
18 nical consultants; and
19 ‘‘(ii) any subsidy amount paid in ac-
20 cordance with section 999B(c)(3)(B)(ii) or
21 section 999C(b)(6)(B)(ii).
22 ‘‘(5) FEDERAL CREDIT INSTRUMENT.—The term
23 ‘Federal credit instrument’ means a secured loan or
24 loan guarantee authorized to be provided under the
25 CIFIA program with respect to a project.
† HR 3684 EAS
1485
1 ‘‘(6) LENDER.—The term ‘lender’ means a quali-
2 fied institutional buyer (as defined in section
3 230.144A(a) of title 17, Code of Federal Regulations
4 (or a successor regulation), commonly known as Rule
5 144A(a) of the Securities and Exchange Commission
6 and issued under the Securities Act of 1933 (15
7 U.S.C. 77a et seq.)), that is not a Federal qualified
8 institutional buyer.
9 ‘‘(7) LETTER OF INTEREST.—The term ‘letter of
10 interest’ means a letter submitted by a potential ap-
11 plicant prior to an application for credit assistance
12 in a format prescribed by the Secretary on the website
13 of the CIFIA program that—
14 ‘‘(A) describes the project and the location,
15 purpose, and cost of the project;
16 ‘‘(B) outlines the proposed financial plan,
17 including the requested credit and grant assist-
18 ance and the proposed obligor;
19 ‘‘(C) provides a status of environmental re-
20 view; and
21 ‘‘(D) provides information regarding satis-
22 faction of other eligibility requirements of the
23 CIFIA program.
24 ‘‘(8) LOAN GUARANTEE.—The term ‘loan guar-
25 antee’ means any guarantee or other pledge by the
† HR 3684 EAS
1486
1 Secretary to pay all or part of the principal of, and
2 interest on, a loan made to an obligor, or debt obliga-
3 tion issued by an obligor, in each case funded by a
4 lender.
5 ‘‘(9) MASTER CREDIT AGREEMENT.—The term
6 ‘master credit agreement’ means a conditional agree-
7 ment that—
8 ‘‘(A) is for the purpose of extending credit
9 assistance for—
10 ‘‘(i) a project of high priority under
11 section 999B(c)(3)(A); or
12 ‘‘(ii) a project covered under section
13 999B(c)(3)(B);
14 ‘‘(B) does not provide for a current obliga-
15 tion of Federal funds; and
16 ‘‘(C) would—
17 ‘‘(i) make a contingent commitment of
18 a Federal credit instrument or grant at a
19 future date, subject to—
20 ‘‘(I) the availability of future
21 funds being made available to carry
22 out the CIFIA program; and
23 ‘‘(II) the satisfaction of all condi-
24 tions for the provision of credit assist-
† HR 3684 EAS
1487
1 ance under the CIFIA program, in-
2 cluding section 999C(b);
3 ‘‘(ii) establish the maximum amounts
4 and general terms and conditions of the
5 Federal credit instruments or grants;
6 ‘‘(iii) identify the 1 or more revenue
7 sources that will secure the repayment of the
8 Federal credit instruments;
9 ‘‘(iv) provide for the obligation of
10 funds for the Federal credit instruments or
11 grants after all requirements have been met
12 for the projects subject to the agreement, in-
13 cluding—
14 ‘‘(I) compliance with all applica-
15 ble requirements specified under the
16 CIFIA program, including sections
17 999B(d) and 999C(b)(1); and
18 ‘‘(II) the availability of funds to
19 carry out the CIFIA program; and
20 ‘‘(v) require that contingent commit-
21 ments shall result in a financial close and
22 obligation of credit or grant assistance by
23 not later than 4 years after the date of
24 entry into the agreement or release of the
† HR 3684 EAS
1488
1 commitment, as applicable, unless otherwise
2 extended by the Secretary.
3 ‘‘(10) OBLIGOR.—The term ‘obligor’ means a
4 corporation, partnership, joint venture, trust, non-
5 Federal governmental entity, agency, or instrumen-
6 tality, or other entity that is liable for payment of the
7 principal of, or interest on, a Federal credit instru-
8 ment.
9 ‘‘(11) PRODUCED IN THE UNITED STATES.—The
† HR 3684 EAS
1489
1 with the financing of a project, other than a Federal
2 credit instrument.
3 ‘‘(14) SECURED LOAN.—The term ‘secured loan’
4 means a direct loan to an obligor or a debt obligation
5 issued by an obligor and purchased by the Secretary,
6 in each case funded by the Secretary in connection
7 with the financing of a project under section 999C.
8 ‘‘(15) SUBSIDY AMOUNT.—The term ‘subsidy
9 amount’ means the amount of budget authority suffi-
10 cient to cover the estimated long-term cost to the Fed-
11 eral Government of a Federal credit instrument—
12 ‘‘(A) calculated on a net present value basis;
13 and
14 ‘‘(B) excluding administrative costs and
15 any incidental effects on governmental receipts
16 or outlays in accordance with the Federal Credit
17 Reform Act of 1990 (2 U.S.C. 661 et seq.).
18 ‘‘(16) SUBSTANTIAL COMPLETION.—The term
19 ‘substantial completion’, with respect to a project,
20 means the date—
21 ‘‘(A) on which the project commences trans-
22 portation of carbon dioxide; or
23 ‘‘(B) of a comparable event to the event de-
24 scribed in subparagraph (A), as determined by
† HR 3684 EAS
1490
1 the Secretary and specified in the project credit
2 agreement.
3 ‘‘SEC. 999B. DETERMINATION OF ELIGIBILITY AND PROJECT
4 SELECTION.
† HR 3684 EAS
1491
1 ‘‘(A) IN GENERAL.—Each project and obli-
2 gor that receives a Federal credit instrument or
3 a grant under the CIFIA program shall be cred-
4 itworthy, such that there exists a reasonable
5 prospect of repayment of the principal and in-
6 terest on the Federal credit instrument, as deter-
7 mined by the Secretary under subparagraph (B).
8 ‘‘(B) REASONABLE PROSPECT OF REPAY-
† HR 3684 EAS
1492
1 ‘‘(I) at the time of loan close; and
2 ‘‘(II) throughout the loan term,
3 including after the project is com-
4 pleted;
5 ‘‘(iv) the financial strength of the in-
6 vestors and strategic partners of the obligor,
7 if applicable; and
8 ‘‘(v) other financial metrics and anal-
9 yses that are relied on by the private lend-
10 ing community and nationally recognized
11 credit rating agencies, as determined appro-
12 priate by the Secretary.
13 ‘‘(3) APPLICATIONS.—To be eligible for assist-
14 ance under the CIFIA program, an obligor shall sub-
15 mit to the Secretary a project application at such
16 time, in such manner, and containing such informa-
17 tion as the Secretary determines to be appropriate.
18 ‘‘(4) ELIGIBLE PROJECT COSTS.—A project
19 under the CIFIA program shall have eligible project
20 costs that are reasonably anticipated to equal or ex-
21 ceed $100,000,000.
22 ‘‘(5) REVENUE SOURCES.—The applicable Fed-
23 eral credit instrument shall be repayable, in whole or
24 in part, from—
25 ‘‘(A) user fees;
† HR 3684 EAS
1493
1 ‘‘(B) payments owing to the obligor under
2 a public-private partnership; or
3 ‘‘(C) other revenue sources that also secure
4 or fund the project obligations.
5 ‘‘(6) OBLIGOR WILL BE IDENTIFIED LATER.—A
† HR 3684 EAS
1494
1 shall demonstrate a reasonable expectation that the
2 contracting process for construction of the project can
3 commence by not later than 90 days after the date on
4 which a Federal credit instrument or grant is obli-
5 gated for the project under the CIFIA program.
6 ‘‘(c) SELECTION AMONG ELIGIBLE PROJECTS.—
7 ‘‘(1) ESTABLISHMENT OF APPLICATION PROC-
† HR 3684 EAS
1495
1 ‘‘(A) are large-capacity, common carrier in-
2 frastructure;
3 ‘‘(B) have demonstrated demand for use of
4 the infrastructure by associated projects that
5 capture carbon dioxide from anthropogenic
6 sources or ambient air;
7 ‘‘(C) enable geographical diversity in associ-
8 ated projects that capture carbon dioxide from
9 anthropogenic sources or ambient air, with the
10 goal of enabling projects in all major carbon di-
11 oxide-emitting regions of the United States; and
12 ‘‘(D) are sited within, or adjacent to, exist-
13 ing pipeline or other linear infrastructure cor-
14 ridors, in a manner that minimizes environ-
15 mental disturbance and other siting concerns.
16 ‘‘(3) MASTER CREDIT AGREEMENTS.—
† HR 3684 EAS
1496
1 ‘‘(II) all necessary permits and
2 approvals; and
3 ‘‘(ii) is a project of high priority, as
4 determined in accordance with the criteria
5 described in paragraph (2).
6 ‘‘(B) ADEQUATE FUNDING NOT AVAIL-
† HR 3684 EAS
1497
1 ‘‘(1) IN GENERAL.—Nothing in this subtitle su-
2 persedes the applicability of any other requirement
3 under Federal law (including regulations).
4 ‘‘(2) NEPA.—Federal credit assistance may only
5 be provided under this subtitle for a project that has
6 received an environmental categorical exclusion, a
7 finding of no significant impact, or a record of deci-
8 sion under the National Environmental Policy Act of
9 1969 (42 U.S.C. 4321 et seq.).
10 ‘‘(e) USE OF AMERICAN IRON, STEEL, AND MANUFAC-
11 TURED GOODS.—
12 ‘‘(1) IN GENERAL.—Except as provided in para-
13 graph (2), no Federal credit instrument or grant pro-
14 vided under the CIFIA program shall be made avail-
15 able for a project unless all iron, steel, and manufac-
16 tured goods used in the project are produced in the
17 United States.
18 ‘‘(2) EXCEPTIONS.—Paragraph (1) shall not
19 apply in any case or category of cases with respect
20 to which the Secretary determines that—
21 ‘‘(A) the application would be inconsistent
22 with the public interest;
23 ‘‘(B) iron, steel, or a relevant manufactured
24 good is not produced in the United States in suf-
† HR 3684 EAS
1498
1 ficient and reasonably available quantity, or of
2 a satisfactory quality; or
3 ‘‘(C) the inclusion of iron, steel, or a manu-
4 factured good produced in the United States will
5 increase the cost of the overall project by more
6 than 25 percent.
7 ‘‘(3) WAIVERS.—If the Secretary receives a re-
8 quest for a waiver under this subsection, the Secretary
9 shall—
10 ‘‘(A) make available to the public a copy of
11 the request, together with any information avail-
12 able to the Secretary concerning the request—
13 ‘‘(i) on an informal basis; and
14 ‘‘(ii) by electronic means, including on
15 the official public website of the Depart-
16 ment;
17 ‘‘(B) allow for informal public comment re-
18 lating to the request for not fewer than 15 days
19 before making a determination with respect to
20 the request; and
21 ‘‘(C) approve or disapprove the request by
22 not later than the date that is 120 days after the
23 date of receipt of the request.
† HR 3684 EAS
1499
1 ‘‘(4) APPLICABILITY.—This subsection shall be
2 applied in accordance with any applicable obligations
3 of the United States under international agreements.
4 ‘‘(f) APPLICATION PROCESSING PROCEDURES.—
5 ‘‘(1) NOTICE OF COMPLETE APPLICATION.—Not
24 ‘‘(a) AGREEMENTS.—
† HR 3684 EAS
1500
1 ‘‘(1) IN GENERAL.—Subject to paragraph (2), the
2 Secretary may enter into agreements with 1 or more
3 obligors to make secured loans, the proceeds of
4 which—
5 ‘‘(A) shall be used—
6 ‘‘(i) to finance eligible project costs of
7 any project selected under section 999B;
8 ‘‘(ii) to refinance interim construction
9 financing of eligible project costs of any
10 project selected under section 999B; or
11 ‘‘(iii) to refinance long-term project ob-
12 ligations or Federal credit instruments, if
13 the refinancing provides additional funding
14 capacity for the completion, enhancement,
15 or expansion of any project that—
16 ‘‘(I) is selected under section
17 999B; or
18 ‘‘(II) otherwise meets the require-
19 ments of that section; and
20 ‘‘(B) may be used in accordance with sub-
21 section (b)(7) to pay any fees collected by the
22 Secretary under subparagraph (B) of that sub-
23 section.
24 ‘‘(2) RISK ASSESSMENT.—Before entering into
25 an agreement under this subsection, the Secretary, in
† HR 3684 EAS
1501
1 consultation with the Director of the Office of Man-
2 agement and Budget, shall determine an appropriate
3 credit subsidy amount for each secured loan, taking
4 into account all relevant factors, including the credit-
5 worthiness factors under section 999B(b)(2).
6 ‘‘(b) TERMS AND LIMITATIONS.—
7 ‘‘(1) IN GENERAL.—A secured loan under this
8 section with respect to a project shall be on such terms
9 and conditions and contain such covenants, represen-
10 tations, warranties, and requirements (including re-
11 quirements for audits) as the Secretary determines to
12 be appropriate.
13 ‘‘(2) MAXIMUM AMOUNT.—The amount of a se-
14 cured loan under this section shall not exceed an
15 amount equal to 80 percent of the reasonably antici-
16 pated eligible project costs.
17 ‘‘(3) PAYMENT.—A secured loan under this sec-
18 tion shall be payable, in whole or in part, from—
19 ‘‘(A) user fees;
20 ‘‘(B) payments owing to the obligor under
21 a public-private partnership; or
22 ‘‘(C) other revenue sources that also secure
23 or fund the project obligations.
24 ‘‘(4) INTEREST RATE.—
† HR 3684 EAS
1502
1 ‘‘(A) IN GENERAL.—Except as provided in
2 subparagraph (B), the interest rate on a secured
3 loan under this section shall be not less than the
4 interest rate reflected in the yield on United
5 States Treasury securities of a similar maturity
6 to the maturity of the secured loan on the date
7 of execution of the loan agreement.
8 ‘‘(B) LIMITED BUYDOWNS.—
† HR 3684 EAS
1503
1 it instrument for the applicable project
2 that is the subject of the secured loan.
3 ‘‘(ii) DESCRIPTION OF INTEREST
† HR 3684 EAS
1504
1 ‘‘(6) NONSUBORDINATION.—
2 ‘‘(A) IN GENERAL.—Except as provided in
3 subparagraph (B), the secured loan shall not be
4 subordinated to the claims of any holder of
5 project obligations in the event of bankruptcy,
6 insolvency, or liquidation of the obligor.
7 ‘‘(B) PREEXISTING INDENTURE.—
† HR 3684 EAS
1505
1 ‘‘(I) the maximum credit subsidy
2 amount to be paid by the Federal Gov-
3 ernment shall be not more than 10 per-
4 cent of the principal amount of the se-
5 cured loan; and
6 ‘‘(II) the obligor shall be respon-
7 sible for paying the remainder of the
8 subsidy amount, if any.
9 ‘‘(7) FEES.—
10 ‘‘(A) IN GENERAL.—The Secretary may col-
11 lect a fee on or after the date of the financial
12 close of a Federal credit instrument under this
13 section in an amount equal to not more than
14 $3,000,000 to cover all or a portion of the costs
15 to the Federal Government of providing the Fed-
16 eral credit instrument.
17 ‘‘(B) AMENDMENT TO ADD COST OF FEES
† HR 3684 EAS
1506
1 ‘‘(8) MAXIMUM FEDERAL INVOLVEMENT.—The
† HR 3684 EAS
1507
1 and interest to the outstanding balance of the se-
2 cured loan.
3 ‘‘(B) INTEREST.—Any payment deferred
4 under subparagraph (A) shall—
5 ‘‘(i) continue to accrue interest in ac-
6 cordance with subsection (b)(4) until fully
7 repaid; and
8 ‘‘(ii) be scheduled to be amortized over
9 the remaining term of the loan.
10 ‘‘(C) CRITERIA.—
11 ‘‘(i) IN GENERAL.—Any payment de-
12 ferral under subparagraph (A) shall be con-
13 tingent on the project meeting criteria es-
14 tablished by the Secretary.
15 ‘‘(ii) REPAYMENT STANDARDS.—The
† HR 3684 EAS
1508
1 project obligations may be applied annually to
2 prepay the secured loan, without penalty.
3 ‘‘(B) USE OF PROCEEDS OF REFI-
† HR 3684 EAS
1509
1 ‘‘(2) TERMS.—The terms of a loan guarantee
2 under paragraph (1) shall be consistent with the
3 terms required under this section for a secured loan,
4 except that the rate on the guaranteed loan and any
5 prepayment features shall be negotiated between the
6 obligor and the lender, with the consent of the Sec-
7 retary.
8 ‘‘SEC. 999D. FUTURE GROWTH GRANTS.
† HR 3684 EAS
1510
1 ‘‘(2) carry out, or propose to carry out, a project
2 for large-capacity, common carrier infrastructure
3 with a probable future increase in demand for carbon
4 dioxide transportation; and
5 ‘‘(3) submit to the Secretary an application at
6 such time, in such manner, and containing such in-
7 formation as the Secretary determines to be appro-
8 priate.
9 ‘‘(c) USE OF FUNDS.—A grant provided under this
10 section may be used only to pay the costs of any additional
11 flow rate capacity of a carbon dioxide transportation infra-
12 structure asset that the project sponsor demonstrates to the
13 satisfaction of the Secretary can reasonably be expected to
14 be used during the 20-year period beginning on the date
15 of substantial completion of the project described in sub-
16 section (b)(2).
17 ‘‘(d) MAXIMUM AMOUNT.—The amount of a grant pro-
18 vided under this section may not exceed an amount equal
19 to 80 percent of the cost of the additional capacity described
20 in subsection (a).
21 ‘‘SEC. 999E. PROGRAM ADMINISTRATION.
† HR 3684 EAS
1511
1 ‘‘(b) FEES.—If funding sufficient to cover the costs of
2 services of expert firms retained pursuant to subsection (d)
3 and all or a portion of the costs to the Federal Government
4 of servicing the Federal credit instruments is not provided
5 in an appropriations Act for a fiscal year, the Secretary,
6 during that fiscal year, may collect fees on or after the date
7 of the financial close of a Federal credit instrument pro-
8 vided under the CIFIA program at a level that is sufficient
9 to cover those costs.
10 ‘‘(c) SERVICER.—
11 ‘‘(1) IN GENERAL.—The Secretary may appoint
12 a financial entity to assist the Secretary in servicing
13 the Federal credit instruments.
14 ‘‘(2) DUTIES.—A servicer appointed under para-
15 graph (1) shall act as the agent for the Secretary.
16 ‘‘(3) FEE.—A servicer appointed under para-
17 graph (1) shall receive a servicing fee, subject to ap-
18 proval by the Secretary.
19 ‘‘(d) ASSISTANCE FROM EXPERT FIRMS.—The Sec-
20 retary may retain the services of expert firms, including
21 counsel, in the field of municipal and project finance to
22 assist in the underwriting and servicing of Federal credit
23 instruments.
24 ‘‘(e) EXPEDITED PROCESSING.—The Secretary shall
25 implement procedures and measures to economize the time
† HR 3684 EAS
1512
1 and cost involved in obtaining approval and the issuance
2 of credit assistance under the CIFIA program.
3 ‘‘SEC. 999F. STATE AND LOCAL PERMITS.
20 TRACT AUTHORITY.
† HR 3684 EAS
1513
1 ‘‘(A) $600,000,000 for each of fiscal years
2 2022 and 2023; and
3 ‘‘(B) $300,000,000 for each of fiscal years
4 2024 through 2026.
5 ‘‘(2) SPENDING AND BORROWING AUTHORITY.—
† HR 3684 EAS
1514
1 ‘‘(1) IN GENERAL.—Notwithstanding any other
2 provision of law, execution of a term sheet by the Sec-
3 retary of a Federal credit instrument that uses
4 amounts made available under the CIFIA program
5 shall impose on the United States a contractual obli-
6 gation to fund the Federal credit investment.
7 ‘‘(2) AVAILABILITY.—Amounts made available to
8 carry out the CIFIA program for a fiscal year shall
9 be available for obligation on October 1 of the fiscal
10 year.’’.
11 (b) TECHNICAL AMENDMENTS.—The table of contents
12 for the Energy Policy Act of 2005 (Public Law 109–58; 119
13 Stat. 600) is amended—
14 (1) in the item relating to section 917, by strik-
15 ing ‘‘Efficiency’’;
16 (2) by striking the items relating to subtitle J of
17 title IX (relating to ultra-deepwater and unconven-
18 tional natural gas and other petroleum resources) and
19 inserting the following:
‘‘Subtitle J—Carbon Dioxide Transportation Infrastructure Finance and
Innovation
† HR 3684 EAS
1515
1 (3) by striking the item relating to section 969B
2 and inserting the following:
‘‘Sec. 969B. High efficiency turbines.’’.
† HR 3684 EAS
1516
1 (3) by redesignating subsections (e) through (g)
2 as subsections (f) through (h), respectively;
3 (4) by inserting after subsection (d) the fol-
4 lowing:
5 ‘‘(e) LARGE-SCALE CARBON STORAGE COMMER-
6 CIALIZATION PROGRAM.—
7 ‘‘(1) IN GENERAL.—The Secretary shall establish
8 a commercialization program under which the Sec-
9 retary shall provide funding for the development of
10 new or expanded commercial large-scale carbon se-
11 questration projects and associated carbon dioxide
12 transport infrastructure, including funding for the
13 feasibility, site characterization, permitting, and con-
14 struction stages of project development.
15 ‘‘(2) APPLICATIONS; SELECTION.—
† HR 3684 EAS
1517
1 ‘‘(i) is open to projects at any stage of
2 development described in paragraph (1);
3 and
4 ‘‘(ii) facilitates expeditious develop-
5 ment of projects described in that para-
6 graph.
7 ‘‘(C) PROJECT SELECTION.—In selecting
8 projects for funding under paragraph (1), the
9 Secretary shall give priority to—
10 ‘‘(i) projects with substantial carbon
11 dioxide storage capacity; or
12 ‘‘(ii) projects that will store carbon di-
13 oxide from multiple carbon capture facili-
14 ties.’’;
15 (5) in subsection (f) (as so redesignated), in
16 paragraph (1), by inserting ‘‘with respect to the re-
17 search, development, demonstration program compo-
18 nents described in subsections (b) through (d)’’ before
19 ‘‘give preference’’; and
20 (6) by striking subsection (h) (as so redesig-
21 nated) and inserting the following:
22 ‘‘(h) AUTHORIZATION OF APPROPRIATIONS.—There is
23 authorized to be appropriated to the Secretary to carry out
24 this section $2,500,000,000 for the period of fiscal years
25 2022 through 2026.’’.
† HR 3684 EAS
1518
1 SEC. 40306. SECURE GEOLOGIC STORAGE PERMITTING.
† HR 3684 EAS
1520
1 (4) by adding at the end the following:
2 ‘‘(r) CARBON DIOXIDE STREAM.—
3 ‘‘(1) IN GENERAL.—The term ‘carbon dioxide
4 stream’ means carbon dioxide that—
5 ‘‘(A) has been captured; and
6 ‘‘(B) consists overwhelmingly of—
7 ‘‘(i) carbon dioxide plus incidental as-
8 sociated substances derived from the source
9 material or capture process; and
10 ‘‘(ii) any substances added to the
11 stream for the purpose of enabling or im-
12 proving the injection process.
13 ‘‘(2) EXCLUSIONS.—The term ‘carbon dioxide
14 stream’ does not include additional waste or other
15 matter added to the carbon dioxide stream for the
16 purpose of disposal.
17 ‘‘(s) CARBON SEQUESTRATION.—The term ‘carbon se-
18 questration’ means the act of storing carbon dioxide that
19 has been removed from the atmosphere or captured through
20 physical, chemical, or biological processes that can prevent
21 the carbon dioxide from reaching the atmosphere.’’.
22 (b) LEASES, EASEMENTS, OR RIGHTS-OF-WAY FOR EN-
23 ERGY AND RELATED PURPOSES.—Section 8(p)(1) of the
24 Outer Continental Shelf Lands Act (43 U.S.C. 1337(p)(1))
25 is amended—
† HR 3684 EAS
1521
1 (1) in subparagraph (C), by striking ‘‘or’’ after
2 the semicolon;
3 (2) in subparagraph (D), by striking the period
4 at the end and inserting ‘‘; or’’; and
5 (3) by adding at the end the following:
6 ‘‘(E) provide for, support, or are directly re-
7 lated to the injection of a carbon dioxide stream
8 into sub-seabed geologic formations for the pur-
9 pose of long-term carbon sequestration.’’.
10 (c) CLARIFICATION.—A carbon dioxide stream injected
11 for the purpose of carbon sequestration under subparagraph
12 (E) of section 8(p)(1) of the Outer Continental Shelf Lands
13 Act (43 U.S.C. 1337(p)(1)) shall not be considered to be
14 material (as defined in section 3 of the Marine Protection,
15 Research, and Sanctuaries Act of 1972 (33 U.S.C. 1402))
16 for purposes of that Act (33 U.S.C. 1401 et seq.).
17 (d) REGULATIONS.—Not later than 1 year after the
18 date of enactment of this Act, the Secretary of the Interior
19 shall promulgate regulations to carry out the amendments
20 made by this section.
21 SEC. 40308. CARBON REMOVAL.
† HR 3684 EAS
1522
1 (2) by inserting after subsection (i) the following:
2 ‘‘(j) REGIONAL DIRECT AIR CAPTURE HUBS.—
3 ‘‘(1) DEFINITIONS.—In this subsection:
4 ‘‘(A) ELIGIBLE PROJECT.—The term ‘eligi-
5 ble project’ means a direct air capture project or
6 a component project of a regional direct air cap-
7 ture hub.
8 ‘‘(B) REGIONAL DIRECT AIR CAPTURE
† HR 3684 EAS
1523
1 ‘‘(i) facilitates the deployment of direct
2 air capture projects;
3 ‘‘(ii) has the capacity to capture and
4 sequester, utilize, or sequester and utilize at
5 least 1,000,000 metric tons of carbon diox-
6 ide from the atmosphere annually from a
7 single unit or multiple interconnected units;
8 ‘‘(iii) demonstrates the capture, proc-
9 essing, delivery, and sequestration or end-
10 use of captured carbon; and
11 ‘‘(iv) could be developed into a regional
12 or interregional carbon network to facilitate
13 sequestration or carbon utilization.
14 ‘‘(3) SELECTION OF PROJECTS.—
† HR 3684 EAS
1524
1 appropriated to carry out this subsection
2 are expended.
3 ‘‘(B) SELECTION OF PROJECTS FOR THE
† HR 3684 EAS
1525
1 of regional direct air capture hubs located
2 in different regions of the United States.
3 ‘‘(iii) CARBON POTENTIAL.—To the
4 maximum extent practicable, eligible
5 projects shall contribute to the development
6 of regional direct air capture hubs located
7 in regions with high potential for carbon se-
8 questration or utilization.
9 ‘‘(iv) HUBS IN FOSSIL-PRODUCING RE-
† HR 3684 EAS
1526
1 ‘‘(vi) EMPLOYMENT.—The Secretary
2 shall give priority to eligible projects that
3 are likely to create opportunities for skilled
4 training and long-term employment to the
5 greatest number of residents of the region.
6 ‘‘(vii) ADDITIONAL CRITERIA.—The
† HR 3684 EAS
1527
1 ‘‘(E) FUNDING OF ELIGIBLE PROJECTS.—
† HR 3684 EAS
1528
1 (B) provides economic value and environ-
2 mental benefits for diverse applications across
3 multiple sectors of the economy; and
4 (3) hydrogen can be produced from a variety of
5 domestically available clean energy sources, includ-
6 ing—
7 (A) renewable energy resources, including
8 biomass;
9 (B) fossil fuels with carbon capture, utiliza-
10 tion, and storage; and
11 (C) nuclear power.
12 (b) PURPOSE.—The purpose of this subtitle is to accel-
13 erate research, development, demonstration, and deploy-
14 ment of hydrogen from clean energy sources by—
15 (1) providing a statutory definition for the term
16 ‘‘clean hydrogen’’;
17 (2) establishing a clean hydrogen strategy and
18 roadmap for the United States;
19 (3) establishing a clearing house for clean hydro-
20 gen program information at the National Energy
21 Technology Laboratory;
22 (4) developing a robust clean hydrogen supply
23 chain and workforce by prioritizing clean hydrogen
24 demonstration projects in major shale gas regions;
† HR 3684 EAS
1529
1 (5) establishing regional clean hydrogen hubs;
2 and
3 (6) authorizing appropriations to carry out the
4 Department of Energy Hydrogen Program Plan,
5 dated November 2020, developed pursuant to title
6 VIII of the Energy Policy Act of 2005 (42 U.S.C.
7 16151 et seq.).
8 SEC. 40312. DEFINITIONS.
† HR 3684 EAS
1530
1 SEC. 40313. CLEAN HYDROGEN RESEARCH AND DEVELOP-
2 MENT PROGRAM.
† HR 3684 EAS
1532
1 ‘‘(4) the use of clean hydrogen in industrial ap-
2 plications, including steelmaking, cement, chemical
3 feedstocks, and process heat;
4 ‘‘(5) the use of clean hydrogen for use as a fuel
5 source for both residential and commercial comfort
6 heating and hot water requirements;
7 ‘‘(6) the safe and efficient delivery of hydrogen or
8 hydrogen-carrier fuels, including—
9 ‘‘(A) transmission by pipelines, including
10 retrofitting the existing natural gas transpor-
11 tation infrastructure system to enable a transi-
12 tion to transport and deliver increasing levels of
13 clean hydrogen, clean hydrogen blends, or clean
14 hydrogen carriers;
15 ‘‘(B) tanks and other distribution methods;
16 and
17 ‘‘(C) convenient and economic refueling of
18 vehicles, locomotives, maritime vessels, or
19 planes—
20 ‘‘(i) at central refueling stations; or
21 ‘‘(ii) through distributed onsite genera-
22 tion;
23 ‘‘(7) advanced vehicle, locomotive, maritime ves-
24 sel, or plane technologies, including—
25 ‘‘(A) engine and emission control systems;
† HR 3684 EAS
1533
1 ‘‘(B) energy storage, electric propulsion,
2 and hybrid systems;
3 ‘‘(C) automotive, locomotive, maritime ves-
4 sel, or plane materials; and
5 ‘‘(D) other advanced vehicle, locomotive,
6 maritime vessel, or plane technologies;
7 ‘‘(8) storage of hydrogen or hydrogen-carrier
8 fuels, including the development of materials for safe
9 and economic storage in gaseous, liquid, or solid
10 form;
11 ‘‘(9) the development of safe, durable, affordable,
12 and efficient fuel cells, including fuel-flexible fuel cell
13 power systems, improved manufacturing processes,
14 high-temperature membranes, cost-effective fuel proc-
15 essing for natural gas, fuel cell stack and system reli-
16 ability, low-temperature operation, and cold start ca-
17 pability;
18 ‘‘(10) the ability of domestic clean hydrogen
19 equipment manufacturers to manufacture commer-
20 cially available competitive technologies in the United
21 States;
22 ‘‘(11) the use of clean hydrogen in the transpor-
23 tation sector, including in light-, medium-, and
24 heavy-duty vehicles, rail transport, aviation, and
25 maritime applications; and
† HR 3684 EAS
1534
1 ‘‘(12) in coordination with relevant agencies, the
2 development of appropriate, uniform codes and stand-
3 ards for the safe and consistent deployment and com-
4 mercialization of clean hydrogen production, proc-
5 essing, delivery, and end-use technologies.’’; and
6 (6) by adding at the end the following:
7 ‘‘(j) TARGETS.—Not later than 180 days after the date
8 of enactment of the Infrastructure Investment and Jobs Act,
9 the Secretary shall establish targets for the program to ad-
10 dress near-term (up to 2 years), mid-term (up to 7 years),
11 and long-term (up to 15 years) challenges to the advance-
12 ment of clean hydrogen systems and technologies.’’.
13 (b) CONFORMING AMENDMENT.—The table of contents
14 for the Energy Policy Act of 2005 (Public Law 109–58; 119
15 Stat. 599) is amended by striking the item relating to sec-
16 tion 805 and inserting the following:
‘‘Sec. 805. Clean hydrogen research and development program.’’.
† HR 3684 EAS
1536
1 least 4 regional clean hydrogen hubs to be developed
2 under subsection (b).
3 ‘‘(3) CRITERIA.—The Secretary shall select re-
4 gional clean hydrogen hubs under paragraph (2)
5 using the following criteria:
6 ‘‘(A) FEEDSTOCK DIVERSITY.—To the max-
7 imum extent practicable—
8 ‘‘(i) at least 1 regional clean hydrogen
9 hub shall demonstrate the production of
10 clean hydrogen from fossil fuels;
11 ‘‘(ii) at least 1 regional clean hydrogen
12 hub shall demonstrate the production of
13 clean hydrogen from renewable energy; and
14 ‘‘(iii) at least 1 regional clean hydro-
15 gen hub shall demonstrate the production of
16 clean hydrogen from nuclear energy.
17 ‘‘(B) END-USE DIVERSITY.—To the max-
18 imum extent practicable—
19 ‘‘(i) at least 1 regional clean hydrogen
20 hub shall demonstrate the end-use of clean
21 hydrogen in the electric power generation
22 sector;
23 ‘‘(ii) at least 1 regional clean hydrogen
24 hub shall demonstrate the end-use of clean
25 hydrogen in the industrial sector;
† HR 3684 EAS
1537
1 ‘‘(iii) at least 1 regional clean hydro-
2 gen hub shall demonstrate the end-use of
3 clean hydrogen in the residential and com-
4 mercial heating sector; and
5 ‘‘(iv) at least 1 regional clean hydrogen
6 hub shall demonstrate the end-use of clean
7 hydrogen in the transportation sector.
8 ‘‘(C) GEOGRAPHIC DIVERSITY.—To the
9 maximum extent practicable, each regional clean
10 hydrogen hub—
11 ‘‘(i) shall be located in a different re-
12 gion of the United States; and
13 ‘‘(ii) shall use energy resources that are
14 abundant in that region.
15 ‘‘(D) HUBS IN NATURAL GAS-PRODUCING
† HR 3684 EAS
1538
1 ‘‘(F) ADDITIONAL CRITERIA.—The Sec-
2 retary may take into consideration other criteria
3 that, in the judgment of the Secretary, are nec-
4 essary or appropriate to carry out this title
5 ‘‘(4) FUNDING OF REGIONAL CLEAN HYDROGEN
16 ROADMAP.
17 ‘‘(a) DEVELOPMENT.—
18 ‘‘(1) IN GENERAL.—In carrying out the pro-
19 grams established under sections 805 and 813, the
20 Secretary, in consultation with the heads of relevant
21 offices of the Department, shall develop a techno-
22 logically and economically feasible national strategy
23 and roadmap to facilitate widescale production, proc-
24 essing, delivery, storage, and use of clean hydrogen.
† HR 3684 EAS
1539
1 ‘‘(2) INCLUSIONS.—The national clean hydrogen
2 strategy and roadmap developed under paragraph (1)
3 shall focus on—
4 ‘‘(A) establishing a standard of hydrogen
5 production that achieves the standard developed
6 under section 822(a), including interim goals to-
7 wards meeting that standard;
8 ‘‘(B)(i) clean hydrogen production and use
9 from natural gas, coal, renewable energy sources,
10 nuclear energy, and biomass; and
11 ‘‘(ii) identifying potential barriers, path-
12 ways, and opportunities, including Federal pol-
13 icy needs, to transition to a clean hydrogen econ-
14 omy;
15 ‘‘(C) identifying—
16 ‘‘(i) economic opportunities for the
17 production, processing, transport, storage,
18 and use of clean hydrogen that exist in the
19 major shale natural gas-producing regions
20 of the United States;
21 ‘‘(ii) economic opportunities for the
22 production, processing, transport, storage,
23 and use of clean hydrogen that exist for
24 merchant nuclear power plants operating in
25 deregulated markets; and
† HR 3684 EAS
1540
1 ‘‘(iii) environmental risks associated
2 with potential deployment of clean hydrogen
3 technologies in those regions, and ways to
4 mitigate those risks;
5 ‘‘(D) approaches, including substrategies,
6 that reflect geographic diversity across the coun-
7 try, to advance clean hydrogen based on re-
8 sources, industry sectors, environmental benefits,
9 and economic impacts in regional economies;
10 ‘‘(E) identifying opportunities to use, and
11 barriers to using, existing infrastructure, includ-
12 ing all components of the natural gas infrastruc-
13 ture system, the carbon dioxide pipeline infra-
14 structure system, end-use local distribution net-
15 works, end-use power generators, LNG terminals,
16 industrial users of natural gas, and residential
17 and commercial consumers of natural gas, for
18 clean hydrogen deployment;
19 ‘‘(F) identifying the needs for and barriers
20 and pathways to developing clean hydrogen hubs
21 (including, where appropriate, clean hydrogen
22 hubs coupled with carbon capture, utilization,
23 and storage hubs) that—
† HR 3684 EAS
1541
1 ‘‘(i) are regionally dispersed across the
2 United States and can leverage natural gas
3 to the maximum extent practicable;
4 ‘‘(ii) can demonstrate the efficient pro-
5 duction, processing, delivery, and use of
6 clean hydrogen;
7 ‘‘(iii) include transportation corridors
8 and modes of transportation, including
9 transportation of clean hydrogen by pipe-
10 line and rail and through ports; and
11 ‘‘(iv) where appropriate, could serve as
12 joint clean hydrogen and carbon capture,
13 utilization, and storage hubs;
14 ‘‘(G) prioritizing activities that improve the
15 ability of the Department to develop tools to
16 model, analyze, and optimize single-input, mul-
17 tiple-output integrated hybrid energy systems
18 and multiple-input, multiple-output integrated
19 hybrid energy systems that maximize efficiency
20 in providing hydrogen, high-value heat, elec-
21 tricity, and chemical synthesis services;
22 ‘‘(H) identifying the appropriate points of
23 interaction between and among Federal agencies
24 involved in the production, processing, delivery,
25 storage, and use of clean hydrogen and clarifying
† HR 3684 EAS
1542
1 the responsibilities of those Federal agencies, and
2 potential regulatory obstacles and recommenda-
3 tions for modifications, in order to support the
4 deployment of clean hydrogen; and
5 ‘‘(I) identifying geographic zones or regions
6 in which clean hydrogen technologies could effi-
7 ciently and economically be introduced in order
8 to transition existing infrastructure to rely on
9 clean hydrogen, in support of decarbonizing all
10 relevant sectors of the economy.
11 ‘‘(b) REPORTS TO CONGRESS.—
12 ‘‘(1) IN GENERAL.—Not later than 180 days
13 after the date of enactment of the Infrastructure In-
14 vestment and Jobs Act, the Secretary shall submit to
15 Congress the clean hydrogen strategy and roadmap
16 developed under subsection (a).
17 ‘‘(2) UPDATES.—The Secretary shall submit to
18 Congress updates to the clean hydrogen strategy and
19 roadmap under paragraph (1) not less frequently
20 than once every 3 years after the date on which the
21 Secretary initially submits the report and roadmap.
22 ‘‘SEC. 815. CLEAN HYDROGEN MANUFACTURING AND RECY-
23 CLING.
† HR 3684 EAS
1543
1 ‘‘(1) IN GENERAL.—In carrying out the pro-
2 grams established under sections 805 and 813, the
3 Secretary shall award multiyear grants to, and enter
4 into contracts, cooperative agreements, or any other
5 agreements authorized under this Act or other Federal
6 law with, eligible entities (as determined by the Sec-
7 retary) for research, development, and demonstration
8 projects to advance new clean hydrogen production,
9 processing, delivery, storage, and use equipment man-
10 ufacturing technologies and techniques.
11 ‘‘(2) PRIORITY.—In awarding grants or entering
12 into contracts, cooperative agreements, or other agree-
13 ments under paragraph (1), the Secretary, to the
14 maximum extent practicable, shall give priority to
15 clean hydrogen equipment manufacturing projects
16 that—
17 ‘‘(A) increase efficiency and cost-effective-
18 ness in—
19 ‘‘(i) the manufacturing process; and
20 ‘‘(ii) the use of resources, including ex-
21 isting energy infrastructure;
22 ‘‘(B) support domestic supply chains for
23 materials and components;
24 ‘‘(C) identify and incorporate nonhazardous
25 alternative materials for components and devices;
† HR 3684 EAS
1544
1 ‘‘(D) operate in partnership with tribal en-
2 ergy development organizations, Indian Tribes,
3 Tribal organizations, Native Hawaiian commu-
4 nity-based organizations, or territories or freely
5 associated States; or
6 ‘‘(E) are located in economically distressed
7 areas of the major natural gas-producing regions
8 of the United States.
9 ‘‘(3) EVALUATION.—Not later than 3 years after
10 the date of enactment of the Infrastructure Investment
11 and Jobs Act, and not less frequently than once every
12 4 years thereafter, the Secretary shall conduct, and
13 make available to the public and the relevant commit-
14 tees of Congress, an independent review of the
15 progress of the projects carried out through grants
16 awarded, or contracts, cooperative agreements, or
17 other agreements entered into, under paragraph (1).
18 ‘‘(b) CLEAN HYDROGEN TECHNOLOGY RECYCLING RE-
19 SEARCH, DEVELOPMENT, AND DEMONSTRATION PRO-
20 GRAM.—
† HR 3684 EAS
1545
1 law with, eligible entities for research, development,
2 and demonstration projects to create innovative and
3 practical approaches to increase the reuse and recy-
4 cling of clean hydrogen technologies, including by—
5 ‘‘(A) increasing the efficiency and cost-effec-
6 tiveness of the recovery of raw materials from
7 clean hydrogen technology components and sys-
8 tems, including enabling technologies such as
9 electrolyzers and fuel cells;
10 ‘‘(B) minimizing environmental impacts
11 from the recovery and disposal processes;
12 ‘‘(C) addressing any barriers to the re-
13 search, development, demonstration, and com-
14 mercialization of technologies and processes for
15 the disassembly and recycling of devices used for
16 clean hydrogen production, processing, delivery,
17 storage, and use;
18 ‘‘(D) developing alternative materials, de-
19 signs, manufacturing processes, and other aspects
20 of clean hydrogen technologies;
21 ‘‘(E) developing alternative disassembly and
22 resource recovery processes that enable efficient,
23 cost-effective, and environmentally responsible
24 disassembly of, and resource recovery from, clean
25 hydrogen technologies; and
† HR 3684 EAS
1546
1 ‘‘(F) developing strategies to increase con-
2 sumer acceptance of, and participation in, the
3 recycling of fuel cells.
4 ‘‘(2) DISSEMINATION OF RESULTS.—The Sec-
5 retary shall make available to the public and the rel-
6 evant committees of Congress the results of the
7 projects carried out through grants awarded, or con-
8 tracts, cooperative agreements, or other agreements
9 entered into, under paragraph (1), including any
10 educational and outreach materials developed by the
11 projects.
12 ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—There is
13 authorized to be appropriated to the Secretary to carry out
14 this section $500,000,000 for the period of fiscal years 2022
15 through 2026.
16 ‘‘SEC. 816. CLEAN HYDROGEN ELECTROLYSIS PROGRAM.
† HR 3684 EAS
1547
1 ‘‘(b) ESTABLISHMENT.—Not later than 90 days after
2 the date of enactment of the Infrastructure Investment and
3 Jobs Act, the Secretary shall establish a research, develop-
4 ment, demonstration, commercialization, and deployment
5 program for purposes of commercialization to improve the
6 efficiency, increase the durability, and reduce the cost of
7 producing clean hydrogen using electrolyzers.
8 ‘‘(c) GOALS.—The goals of the program are—
9 ‘‘(1) to reduce the cost of hydrogen produced
10 using electrolyzers to less than $2 per kilogram of hy-
11 drogen by 2026; and
12 ‘‘(2) any other goals the Secretary determines are
13 appropriate.
14 ‘‘(d) DEMONSTRATION PROJECTS.—In carrying out
15 the program, the Secretary shall fund demonstration
16 projects—
17 ‘‘(1) to demonstrate technologies that produce
18 clean hydrogen using electrolyzers; and
19 ‘‘(2) to validate information on the cost, effi-
20 ciency, durability, and feasibility of commercial de-
21 ployment of the technologies described in paragraph
22 (1).
23 ‘‘(e) FOCUS.—The program shall focus on research re-
24 lating to, and the development, demonstration, and deploy-
25 ment of—
† HR 3684 EAS
1548
1 ‘‘(1) low-temperature electrolyzers, including liq-
2 uid-alkaline electrolyzers, membrane-based
3 electrolyzers, and other advanced electrolyzers, capable
4 of converting intermittent sources of electric power to
5 clean hydrogen with enhanced efficiency and dura-
6 bility;
7 ‘‘(2) high-temperature electrolyzers that combine
8 electricity and heat to improve the efficiency of clean
9 hydrogen production;
10 ‘‘(3) advanced reversible fuel cells that combine
11 the functionality of an electrolyzer and a fuel cell;
12 ‘‘(4) new highly active, selective, and durable
13 electrolyzer catalysts and electro-catalysts that—
14 ‘‘(A) greatly reduce or eliminate the need
15 for platinum group metals; and
16 ‘‘(B) enable electrolysis of complex mixtures
17 with impurities, including seawater;
18 ‘‘(5) modular electrolyzers for distributed energy
19 systems and the bulk-power system (as defined in sec-
20 tion 215(a) of the Federal Power Act (16 U.S.C.
21 824o(a)));
22 ‘‘(6) low-cost membranes or electrolytes and sep-
23 aration materials that are durable in the presence of
24 impurities or seawater;
† HR 3684 EAS
1549
1 ‘‘(7) improved component design and material
2 integration, including with respect to electrodes, po-
3 rous transport layers and bipolar plates, and balance-
4 of-system components, to allow for scale-up and do-
5 mestic manufacturing of electrolyzers at a high vol-
6 ume;
7 ‘‘(8) clean hydrogen storage technologies;
8 ‘‘(9) technologies that integrate hydrogen produc-
9 tion with—
10 ‘‘(A) clean hydrogen compression and dry-
11 ing technologies;
12 ‘‘(B) clean hydrogen storage; and
13 ‘‘(C) transportation or stationary systems;
14 and
15 ‘‘(10) integrated systems that combine hydrogen
16 production with renewable power or nuclear power
17 generation technologies, including hybrid systems
18 with hydrogen storage.
19 ‘‘(f) GRANTS, CONTRACTS, COOPERATIVE AGREE-
20 MENTS.—
† HR 3684 EAS
1550
1 achieving the goal of the program described in sub-
2 section (c).
3 ‘‘(2) CONTRACTS AND COOPERATIVE AGREE-
† HR 3684 EAS
1551
1 the program $1,000,000,000 for the period of fiscal years
2 2022 through 2026, to remain available until expended.
3 ‘‘SEC. 817. LABORATORY MANAGEMENT.
† HR 3684 EAS
1552
1 SEC. 40315. CLEAN HYDROGEN PRODUCTION QUALIFICA-
2 TIONS.
7 TIONS.
† HR 3684 EAS
1554
‘‘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.’’.
† HR 3684 EAS
1555
1 (5) SMALL MODULAR REACTOR.—The term
2 ‘‘small modular reactor’’ means an advanced nuclear
3 reactor—
4 (A) with a rated capacity of less than 300
5 electrical megawatts; and
6 (B) that can be constructed and operated in
7 combination with similar reactors at a single
8 site.
9 (b) REPORT.—Not later than 180 days after the date
10 of enactment of this Act, the Secretary shall submit to the
11 Committee on Energy and Natural Resources of the Senate
12 and the Committees on Energy and Commerce and Science,
13 Space, and Technology of the House of Representatives a
14 report that describes how the Department could enhance en-
15 ergy resilience and reduce carbon emissions with the use
16 of micro-reactors and small modular reactors.
17 (c) ELEMENTS.—The report required by subsection (b)
18 shall address the following:
19 (1) An evaluation by the Department of current
20 resilience and carbon reduction requirements for en-
21 ergy for facilities of the Department to determine
22 whether changes are needed to address—
23 (A) the need to provide uninterrupted power
24 to facilities of the Department for at least 3 days
25 during power grid failures;
† HR 3684 EAS
1556
1 (B) the need for protection against cyber
2 threats and electromagnetic pulses; and
3 (C) resilience to extreme natural events, in-
4 cluding earthquakes, volcanic activity, tornados,
5 hurricanes, floods, tsunamis, lahars, landslides,
6 seiches, a large quantity of snowfall, and very
7 low or high temperatures.
8 (2) A strategy of the Department for using nu-
9 clear energy to meet resilience and carbon reduction
10 goals of facilities of the Department.
11 (3) A strategy to partner with private industry
12 to develop and deploy micro-reactors and small mod-
13 ular reactors to remote communities in order to re-
14 place diesel generation and other fossil fuels.
15 (4) An assessment by the Department of the
16 value associated with enhancing the resilience of a fa-
17 cility of the Department by transitioning to power
18 from micro-reactors and small modular reactors and
19 to co-located nuclear facilities with the capability to
20 provide dedicated power to the facility of the Depart-
21 ment during a grid outage or failure.
22 (5) The plans of the Department—
23 (A) for deploying a micro-reactor and a
24 small modular reactor to produce energy for use
† HR 3684 EAS
1557
1 by a facility of the Department in the United
2 States by 2026;
3 (B) for deploying a small modular reactor
4 to produce energy for use by a facility of the De-
5 partment in the United States by 2029; and
6 (C) to include micro-reactors and small
7 modular reactors in the planning for meeting fu-
8 ture facility energy needs.
9 (d) FINANCIAL AND TECHNICAL ASSISTANCE FOR
† HR 3684 EAS
1558
1 for financial assistance under this subsection to the
2 National Laboratories.
3 SEC. 40322. PROPERTY INTERESTS RELATING TO CERTAIN
† HR 3684 EAS
1559
1 (2) ASSIGNMENT OF PROPERTY INTERESTS.—The
† HR 3684 EAS
1560
1 (C) any other project for which Federal
2 funding is provided under the Advanced Reactor
3 Demonstration Program of the Department; or
4 (D) a project—
5 (i) relating to advanced nuclear reac-
6 tors; and
7 (ii) for which Federal funding is pro-
8 vided under a program focused on develop-
9 ment and demonstration.
10 (4) RETROACTIVE VESTING.—The vesting of fee
11 title or any other property interest assigned under
12 paragraph (2) shall be retroactive to the date on
13 which the applicable project first received Federal
14 funding as described in any of subparagraphs (A)
15 through (D) of paragraph (3).
16 (b) CONSIDERATIONS IN COOPERATIVE RESEARCH AND
17 DEVELOPMENT AGREEMENTS.—
18 (1) IN GENERAL.—Section 12(c)(7)(B) of the Ste-
19 venson-Wydler Technology Innovation Act of 1980 (15
20 U.S.C. 3710a(c)(7)(B)) is amended—
21 (A) by inserting ‘‘(i)’’ after ‘‘(B)’’;
22 (B) in clause (i), as so designated, by strik-
23 ing ‘‘The director’’ and inserting ‘‘Subject to
24 clause (ii), the director’’; and
25 (C) by adding at the end the following:
† HR 3684 EAS
1561
1 ‘‘(II) The agency may authorize
2 the director to provide appropriate
3 protections against dissemination de-
4 scribed in clause (i) for a total period
5 of not more than 30 years if the agency
6 determines that the nature of the infor-
7 mation protected against dissemina-
8 tion, including nuclear technology,
9 could reasonably require an extended
10 period of that protection to reach com-
11 mercialization.’’.
12 (2) APPLICABILITY.—
13 (A) DEFINITION.—In this subsection, the
14 term ‘‘cooperative research and development
15 agreement’’ has the meaning given the term in
16 section 12(d) of the Stevenson-Wydler Technology
17 Innovation Act of 1980 (15 U.S.C. 3710a(d)).
18 (B) RETROACTIVE EFFECT.—Clause (ii) of
19 section 12(c)(7)(B) of the Stevenson-Wydler
20 Technology Innovation Act of 1980 (15 U.S.C.
21 3710a(c)(7)(B)), as added by subsection (a) of
22 this section, shall apply with respect to any co-
23 operative research and development agreement
24 that is in effect as of the day before the date of
25 enactment of this Act.
† HR 3684 EAS
1562
1 (c) DEPARTMENT OF ENERGY CONTRACTS.—Section
2 646(g)(5) of the Department of Energy Organization Act
3 (42 U.S.C. 7256(g)(5)) is amended—
4 (1) by striking ‘‘(5) The Secretary’’ and insert-
5 ing the following:
6 ‘‘(5) PROTECTION FROM DISCLOSURE.—
† HR 3684 EAS
1563
1 disclosure during the term of any transaction de-
2 scribed in subparagraph (A) in accordance with
3 that subparagraph.’’.
4 SEC. 40323. CIVIL NUCLEAR CREDIT PROGRAM.
† HR 3684 EAS
1564
1 (1) APPLICATION.—
2 (A) IN GENERAL.—In order to be certified
3 under paragraph (2)(A)(i), the owner or oper-
4 ator of a nuclear reactor that is projected to
5 cease operations due to economic factors shall
6 submit to the Secretary an application at such
7 time, in such manner, and containing such in-
8 formation as the Secretary determines to be ap-
9 propriate, including—
10 (i) information on the operating costs
11 necessary to make the determination de-
12 scribed in paragraph (2)(A)(ii)(I), includ-
13 ing—
14 (I) the average projected annual
15 operating loss in dollars per megawatt-
16 hour, inclusive of the cost of oper-
17 ational and market risks, expected to
18 be incurred by the nuclear reactor over
19 the 4-year period for which credits
20 would be allocated;
21 (II) any private or publicly avail-
22 able data with respect to current or
23 projected bulk power market prices;
24 (III) out-of-market revenue
25 streams;
† HR 3684 EAS
1565
1 (IV) operations and maintenance
2 costs;
3 (V) capital costs, including fuel;
4 and
5 (VI) operational and market risks;
6 (ii) an estimate of the potential incre-
7 mental air pollutants that would result if
8 the nuclear reactor were to cease operations;
9 (iii) known information on the source
10 of produced uranium and the location
11 where the uranium is converted, enriched,
12 and fabricated into fuel assemblies for the
13 nuclear reactor for the 4-year period for
14 which credits would be allocated; and
15 (iv) a detailed plan to sustain oper-
16 ations at the conclusion of the applicable 4-
17 year period for which credits would be allo-
18 cated—
19 (I) without receiving additional
20 credits; or
21 (II) with the receipt of additional
22 credits of a lower amount than the
23 credits allocated during that 4-year
24 credit period.
† HR 3684 EAS
1566
1 (B) TIMELINE.—The Secretary shall accept
2 applications described in subparagraph (A)—
3 (i) until the date that is 120 days after
4 the date of enactment of this Act; and
5 (ii) not less frequently than every year
6 thereafter.
7 (C) PAYMENTS FROM STATE PROGRAMS.—
† HR 3684 EAS
1567
1 subparagraph (A)(i)(I), unless the credits
2 allocated to the nuclear reactor pursuant to
3 that application will be used to reduce those
4 payments.
5 (2) DETERMINATION TO CERTIFY.—
6 (A) DETERMINATION.—
7 (i) IN GENERAL.—Not later than 60
8 days after the applicable date under sub-
9 paragraph (B) of paragraph (1), the Sec-
10 retary shall determine whether to certify, in
11 accordance with clauses (ii) and (iii), each
12 nuclear reactor for which an application is
13 submitted under subparagraph (A) of that
14 paragraph.
15 (ii) MINIMUM REQUIREMENTS.—To the
16 maximum extent practicable, the Secretary
17 shall only certify a nuclear reactor under
18 clause (i) if—
19 (I) after considering the informa-
20 tion submitted under paragraph
21 (1)(A)(i), the Secretary determines that
22 the nuclear reactor is projected to cease
23 operations due to economic factors;
24 (II) after considering the estimate
25 submitted under paragraph (1)(A)(ii),
† HR 3684 EAS
1568
1 the Secretary determines that pollut-
2 ants would increase if the nuclear reac-
3 tor were to cease operations and be re-
4 placed with other types of power gen-
5 eration; and
6 (III) the Nuclear Regulatory
7 Commission has reasonable assurance
8 that the nuclear reactor—
9 (aa) will continue to be oper-
10 ated in accordance with the cur-
11 rent licensing basis (as defined in
12 section 54.3 of title 10, Code of
13 Federal Regulations (or successor
14 regulations) of the nuclear reactor;
15 and
16 (bb) poses no significant safe-
17 ty hazards.
18 (iii) PRIORITY.—In determining
19 whether to certify a nuclear reactor under
20 clause (i), the Secretary shall give priority
21 to a nuclear reactor that uses, to the max-
22 imum extent available, uranium that is
23 produced, converted, enriched, and fab-
24 ricated into fuel assemblies in the United
25 States.
† HR 3684 EAS
1569
1 (B) NOTICE.—For each application received
2 under paragraph (1)(A), the Secretary shall pro-
3 vide to the applicable owner or operator, as ap-
4 plicable—
5 (i) a notice of the certification of the
6 applicable nuclear reactor; or
7 (ii) a notice that describes the reasons
8 why the certification of the applicable nu-
9 clear reactor was denied.
10 (d) BIDDING PROCESS.—
11 (1) IN GENERAL.—Subject to paragraph (2), the
12 Secretary shall establish a deadline by which each
13 certified nuclear reactor shall submit to the Secretary
14 a sealed bid that—
15 (A) describes the price per megawatt-hour of
16 the credits desired by the certified nuclear reac-
17 tor, which shall not exceed the average projected
18 annual operating loss described in subsection
19 (c)(1)(A)(i)(I); and
20 (B) includes a commitment, subject to the
21 receipt of credits, to provide a specific number of
22 megawatt-hours of generation during the 4-year
23 period for which credits would be allocated.
24 (2) REQUIREMENT.—The deadline established
25 under paragraph (1) shall be not later than 30 days
† HR 3684 EAS
1570
1 after the first date on which the Secretary has made
2 the determination described in paragraph (2)(A)(i) of
3 subsection (c) with respect to each application sub-
4 mitted under paragraph (1)(A) of that subsection.
5 (e) ALLOCATION.—
6 (1) AUCTION.—Notwithstanding section 169 of
7 the Atomic Energy Act of 1954 (42 U.S.C. 2209), the
8 Secretary shall—
9 (A) in consultation with the heads of appli-
10 cable Federal agencies, establish a process for
11 evaluating bids submitted under subsection
12 (d)(1) through an auction process; and
13 (B) select certified nuclear reactors to be al-
14 located credits.
15 (2) CREDITS.—Subject to subsection (f)(2), on se-
16 lection under paragraph (1), a certified nuclear reac-
17 tor shall be allocated credits for a 4-year period be-
18 ginning on the date of the selection.
19 (3) REQUIREMENT.—To the maximum extent
20 practicable, the Secretary shall use the amounts made
21 available for credits under this section to allocate
22 credits to as many certified nuclear reactors as pos-
23 sible.
24 (f) RENEWAL.—
† HR 3684 EAS
1571
1 (1) IN GENERAL.—The owner or operator of a
2 certified nuclear reactor may seek to recertify the nu-
3 clear reactor in accordance with this section.
4 (2) LIMITATION.—Notwithstanding any other
5 provision of this section, the Secretary may not allo-
6 cate any credits after September 30, 2031.
7 (g) ADDITIONAL REQUIREMENTS.—
8 (1) AUDIT.—During the 4-year period beginning
9 on the date on which a certified nuclear reactor first
10 receives a credit, the Secretary shall periodically
11 audit the certified nuclear reactor.
12 (2) RECAPTURE.—The Secretary shall, by regu-
13 lation, provide for the recapture of the allocation of
14 any credit to a certified nuclear reactor that, during
15 the period described in paragraph (1)—
16 (A) terminates operations; or
17 (B) does not operate at an annual loss in
18 the absence of an allocation of credits to the cer-
19 tified nuclear reactor.
20 (3) CONFIDENTIALITY.—The Secretary shall es-
21 tablish procedures to ensure that any confidential,
22 private, proprietary, or privileged information that is
23 included in a sealed bid submitted under this section
24 is not publicly disclosed or otherwise improperly used.
† HR 3684 EAS
1572
1 (h) REPORT.—Not later than January 1, 2024, the
2 Comptroller General of the United States shall submit to
3 Congress a report with respect to the credits allocated to
4 certified nuclear reactors, which shall include—
5 (1) an evaluation of the effectiveness of the cred-
6 its in avoiding air pollutants while ensuring grid re-
7 liability;
8 (2) a quantification of the ratepayer savings
9 achieved under this section; and
10 (3) any recommendations to renew or expand the
11 credits.
12 (i) AUTHORIZATION OF APPROPRIATIONS.—There is
13 authorized to be appropriated to the Secretary to carry out
14 this section $6,000,000,000 for the period of fiscal years
15 2022 through 2026.
16 Subtitle D—Hydropower
17 SEC. 40331. HYDROELECTRIC PRODUCTION INCENTIVES.
† HR 3684 EAS
1573
1 of this section’’ and inserting ‘‘the date of enactment
2 of the Infrastructure Investment and Jobs Act’’;
3 (3) in subsection (e)(1), in the second sentence,
4 by striking ‘‘$750,000’’ and inserting ‘‘$1,000,000’’;
5 and
6 (4) by striking subsection (g) and inserting the
7 following:
8 ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.—There is
9 authorized to be appropriated to the Secretary to carry out
10 this section $125,000,000 for fiscal year 2022, to remain
11 available until expended.’’.
12 SEC. 40332. HYDROELECTRIC EFFICIENCY IMPROVEMENT
13 INCENTIVES.
† HR 3684 EAS
1574
1 (3) by striking subsection (c) and inserting the
2 following:
3 ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—There is
4 authorized to be appropriated to carry out this section
5 $75,000,000 for fiscal year 2022 to remain available until
6 expended.’’.
7 (b) CONFORMING AMENDMENT.—The table of contents
8 for the Energy Policy Act of 2005 (Public Law 109–58; 119
9 Stat. 595) is amended by striking the item relating to sec-
10 tion 243 and inserting the following:
‘‘243. Hydroelectric efficiency improvement incentives.’’.
12 HYDROELECTRICITY INCENTIVES.
17 HYDROELECTRICITY INCENTIVES.
† HR 3684 EAS
1576
1 ‘‘(2) improving dam safety to ensure acceptable
2 performance under all loading conditions (including
3 static, hydrologic, and seismic conditions), includ-
4 ing—
5 ‘‘(A) the maintenance or upgrade of spill-
6 ways or other appurtenant structures;
7 ‘‘(B) dam stability improvements, including
8 erosion repair and enhanced seepage controls;
9 and
10 ‘‘(C) upgrades or replacements of floodgates
11 or natural infrastructure restoration or protec-
12 tion to improve flood risk reduction; or
13 ‘‘(3) environmental improvements, including—
14 ‘‘(A) adding or improving safe and effective
15 fish passage, including new or upgraded turbine
16 technology, fish ladders, fishways, and all other
17 associated technology, equipment, or other fish
18 passage technology to a qualified hydroelectric
19 facility;
20 ‘‘(B) improving the quality of the water re-
21 tained or released by a qualified hydroelectric fa-
22 cility;
23 ‘‘(C) promoting downstream sediment
24 transport processes and habitat maintenance;
25 and
† HR 3684 EAS
1577
1 ‘‘(D) improving recreational access to the
2 project vicinity, including roads, trails, boat in-
3 gress and egress, flows to improve recreation,
4 and infrastructure that improves river recreation
5 opportunity.
6 ‘‘(c) LIMITATIONS.—
7 ‘‘(1) COSTS.—Incentive payments under this sec-
8 tion shall not exceed 30 percent of the costs of the ap-
9 plicable capital improvement.
10 ‘‘(2) MAXIMUM AMOUNT.—Not more than 1 in-
11 centive payment may be made under this section with
12 respect to capital improvements at a single qualified
13 hydroelectric facility in any 1 fiscal year, the amount
14 of which shall not exceed $5,000,000.
15 ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—There is
16 authorized to be appropriated to the Secretary to carry out
17 this section $553,600,000 for fiscal year 2022, to remain
18 available until expended.’’.
19 (b) CONFORMING AMENDMENT.—The table of contents
20 for the Energy Policy Act of 2005 (Public Law 109–58; 119
21 Stat. 595) is amended by inserting after the item relating
22 to section 246 the following:
‘‘247. Maintaining and enhancing hydroelectricity incentives.’’.
† HR 3684 EAS
1578
1 SEC. 40334. PUMPED STORAGE HYDROPOWER WIND AND
3 ABILITY INITIATIVE.
† HR 3684 EAS
1580
1 ‘‘(iii) be able to store electricity gen-
2 erated by intermittent renewable electricity
3 projects located on Tribal land; and
4 ‘‘(iv) have received a preliminary per-
5 mit from the Federal Energy Regulatory
6 Commission.
7 ‘‘(C) MATCHING REQUIREMENT.—An eligi-
8 ble entity receiving financial assistance under
9 subparagraph (A) shall provide matching funds
10 equal to or greater than the amount of financial
11 assistance provided under that subparagraph.
12 ‘‘(3) AUTHORIZATION OF APPROPRIATIONS.—
† HR 3684 EAS
1581
1 pumped storage hydropower exclusively using Bureau
2 of Reclamation reservoirs’’; and
3 (2) in paragraph (8), by striking ‘‘has been filed
4 with the Federal Energy Regulatory Commission as
5 of the date of the enactment of the Bureau of Rec-
6 lamation Small Conduit Hydropower Development
7 and Rural Jobs Act’’ and inserting ‘‘was filed with
8 the Federal Energy Regulatory Commission before
9 August 9, 2013, and is still pending’’.
10 SEC. 40336. LIMITATIONS ON ISSUANCE OF CERTAIN
† HR 3684 EAS
1582
1 (5) PROJECT.—The term ‘‘project’’ means a pro-
2 posed pumped storage facility that—
3 (A) would use multiple Bureau of Reclama-
4 tion reservoirs; and
5 (B) as of June 1, 2017, was subject to a
6 preliminary permit issued by the Commission
7 pursuant to section 4(f) of the Federal Power Act
8 (16 U.S.C. 797(f)).
9 (6) PROPOSED LESSEE.—The term ‘‘proposed
10 lessee’’ means the proposed lessee of a project.
11 (7) SECRETARY.—The term ‘‘Secretary’’ means
12 the Secretary of the Interior.
13 (8) STUDY PLAN.—The term ‘‘study plan’’ means
14 the plan described in subsection (d)(1).
15 (9) STUDY PLAN AGREEMENT.—The term ‘‘study
16 plan agreement’’ means an agreement entered into
17 under subsection (b)(1) and described in subsection
18 (c).
19 (10) TRIBES.—The term ‘‘Tribes’’ means—
20 (A) the Confederated Tribes of the Colville
21 Reservation; and
22 (B) the Spokane Tribe of Indians of the
23 Spokane Reservation.
24 (b) REQUIREMENT FOR ISSUANCE OF LEASES OF
† HR 3684 EAS
1583
1 of power privilege pursuant to section 9(c)(1) of the Rec-
2 lamation Project Act of 1939 (43 U.S.C. 485h(c)(1)) (as
3 amended by section 40335) for a project unless—
4 (1) the proposed lessee and the Tribes have en-
5 tered into a study plan agreement; or
6 (2) the Secretary or the Director, as applicable,
7 makes a final determination for—
8 (A) a study plan agreement under sub-
9 section (c)(2); or
10 (B) a study plan under subsection (d).
11 (c) STUDY PLAN AGREEMENT REQUIREMENTS.—
12 (1) IN GENERAL.—A study plan agreement
13 shall—
14 (A) establish the deadlines for the proposed
15 lessee to formally respond in writing to com-
16 ments and study requests about the project pre-
17 viously submitted to the Commission;
18 (B) allow for the parties to submit addi-
19 tional comments and study requests if any as-
20 pect of the project, as proposed, differs from an
21 aspect of the project, as described in a
22 preapplication document provided to the Com-
23 mission;
24 (C) except as expressly agreed to by the par-
25 ties or as provided in paragraph (2) or sub-
† HR 3684 EAS
1584
1 section (d), require that the proposed lessee con-
2 duct each study described in—
3 (i) a study request about the project
4 previously submitted to the Commission; or
5 (ii) any additional study request sub-
6 mitted in accordance with the study plan
7 agreement;
8 (D) require that the proposed lessee study
9 any potential adverse economic effects of the
10 project on the Tribes, including effects on—
11 (i) annual payments to the Confed-
12 erated Tribes of the Colville Reservation
13 under section 5(b) of the Confederated
14 Tribes of the Colville Reservation Grand
15 Coulee Dam Settlement Act (Public Law
16 103–436; 108 Stat. 4579); and
17 (ii) annual payments to the Spokane
18 Tribe of Indians of the Spokane Reservation
19 authorized after the date of enactment of
20 this Act, the amount of which derives from
21 the annual payments described in clause (i);
22 (E) establish a protocol for communication
23 and consultation between the parties;
24 (F) provide mechanisms for resolving dis-
25 putes between the parties regarding implementa-
† HR 3684 EAS
1585
1 tion and enforcement of the study plan agree-
2 ment; and
3 (G) contain other provisions determined to
4 be appropriate by the parties.
5 (2) DISPUTES.—
6 (A) IN GENERAL.—If the parties cannot
7 agree to the terms of a study plan agreement or
8 implementation of those terms, the parties shall
9 submit to the Director, for final determination
10 on the terms or implementation of the study
11 plan agreement, notice of the dispute, consistent
12 with paragraph (1)(F), to the extent the parties
13 have agreed to a study plan agreement.
14 (B) INCLUSION.—A dispute covered by sub-
15 paragraph (A) may include the view of a pro-
16 posed lessee that an additional study request sub-
17 mitted in accordance with paragraph (1)(B) is
18 not reasonably calculated to assist the Secretary
19 in evaluating the potential impacts of the
20 project.
21 (C) TIMING.—The Director shall issue a de-
22 termination regarding a dispute under subpara-
23 graph (A) not later than 120 days after the date
24 on which the Director receives notice of the dis-
25 pute under that subparagraph.
† HR 3684 EAS
1586
1 (d) STUDY PLAN.—
2 (1) IN GENERAL.—The proposed lessee shall sub-
3 mit to the Secretary for approval a study plan that
4 details the proposed methodology for performing each
5 of the studies—
6 (A) identified in the study plan agreement
7 of the proposed lessee; or
8 (B) determined by the Director in a final
9 determination regarding a dispute under sub-
10 section (c)(2).
11 (2) INITIAL DETERMINATION.—Not later than 60
12 days after the date on which the Secretary receives the
13 study plan under paragraph (1), the Secretary shall
14 make an initial determination that—
15 (A) approves the study plan;
16 (B) rejects the study plan on the grounds
17 that the study plan—
18 (i) lacks sufficient detail on a proposed
19 methodology for a study identified in the
20 study plan agreement; or
21 (ii) is inconsistent with the study plan
22 agreement; or
23 (C) imposes additional study plan require-
24 ments that the Secretary determines are nec-
† HR 3684 EAS
1587
1 essary to adequately define the potential effects of
2 the project on—
3 (i) the exercise of the paramount hunt-
4 ing, fishing, and boating rights of the Tribes
5 reserved pursuant to the Act of June 29,
6 1940 (54 Stat. 703, chapter 460; 16 U.S.C.
7 835d et seq.);
8 (ii) the annual payments described in
9 clauses (i) and (ii) of subsection (c)(1)(D);
10 (iii) the Columbia Basin project (as
11 defined in section 1 of the Act of May 27,
12 1937 (50 Stat. 208, chapter 269; 57 Stat.
13 14, chapter 14; 16 U.S.C. 835));
14 (iv) historic properties and cultural or
15 spiritually significant resources; and
16 (v) the environment.
17 (3) OBJECTIONS.—
18 (A) IN GENERAL.—Not later than 30 days
19 after the date on which the Secretary makes an
20 initial determination under paragraph (2), the
21 Tribes or the proposed lessee may submit to the
22 Director an objection to the initial determina-
23 tion.
24 (B) FINAL DETERMINATION.—Not later
25 than 120 days after the date on which the Direc-
† HR 3684 EAS
1588
1 tor receives an objection under subparagraph
2 (A), the Director shall—
3 (i) hold a hearing on the record re-
4 garding the objection; and
5 (ii) make a final determination that
6 establishes the study plan, including a de-
7 scription of studies the proposed lessee is re-
8 quired to perform.
9 (4) NO OBJECTIONS.—If no objections are sub-
10 mitted by the deadline described in paragraph (3)(A),
11 the initial determination of the Secretary under para-
12 graph (2) shall be final.
13 (e) CONDITIONS OF LEASE.—
14 (1) CONSISTENCY WITH RIGHTS OF TRIBES; PRO-
16 AND WILDLIFE.—
† HR 3684 EAS
1589
1 Stat. 703, chapter 460; 16 U.S.C. 835d et
2 seq.); and
3 (ii) to adequately and equitably pro-
4 tect, mitigate damages to, and enhance fish
5 and wildlife, including related spawning
6 grounds and habitat, affected by the devel-
7 opment, operation, and management of the
8 project.
9 (B) RECOMMENDATIONS OF THE TRIBES.—
† HR 3684 EAS
1590
1 (ii) PUBLICATION OF FINDINGS.—If,
† HR 3684 EAS
1591
1 through reasonable annual charges in an amount
2 that recompenses the Tribes for any adverse eco-
3 nomic effect of the project identified in a study
4 performed pursuant to the study plan agreement
5 for the project.
6 (B) AGREEMENT.—
7 (i) IN GENERAL.—The amount of the
8 annual charges described in subparagraph
9 (A) shall be established through agreement
10 between the proposed lessee and the Tribes.
11 (ii) CONDITION.—The agreement under
12 clause (i), including any modification of the
13 agreement, shall be deemed to be a condition
14 to the lease of power privilege issued by the
15 Secretary for a project under subsection (b).
16 (C) DISPUTE RESOLUTION.—
† HR 3684 EAS
1592
1 which the Director receives notice of the dis-
2 pute under that clause.
3 (3) ADDITIONAL CONDITIONS.—The Secretary
4 may include in any lease of power privilege issued by
5 the Secretary for a project under subsection (b) other
6 conditions determined appropriate by the Secretary,
7 on the condition that the conditions shall be con-
8 sistent with the Reclamation Project Act of 1939 (43
9 U.S.C. 485 et seq.).
10 (4) CONSULTATION.—In establishing conditions
11 under this subsection, the Secretary shall consult with
12 the Tribes.
13 (f) DEADLINES.—The Secretary or any officer of the
14 Office of Hearing and Appeals before whom a proceeding
15 is pending under this section may extend any deadline or
16 enlarge any timeframe described in this section—
17 (1) at the discretion of the Secretary or the offi-
18 cer; or
19 (2) on a showing of good cause by any party.
20 (g) JUDICIAL REVIEW.—Any final action of the Sec-
21 retary or the Director made pursuant to this section shall
22 be subject to judicial review in accordance with chapter 7
23 of title 5, United States Code.
24 (h) EFFECT ON OTHER PROJECTS.—Nothing in this
25 section establishes any precedent or is binding on any Bu-
† HR 3684 EAS
1593
1 reau of Reclamation lease of power privilege, other than for
2 a project.
3 Subtitle E—Miscellaneous
4 SEC. 40341. SOLAR ENERGY TECHNOLOGIES ON CURRENT
† HR 3684 EAS
1594
1 (A) in the matter preceding clause (i), by
2 inserting ‘‘, in consultation with the Secretary of
3 the Interior and the Administrator of the Envi-
4 ronmental Protection Agency for purposes of
5 clause (iv),’’ after ‘‘the Secretary’’;
6 (B) in clause (iii), by striking ‘‘and’’ after
7 the semicolon;
8 (C) by redesignating clause (iv) as clause
9 (v); and
10 (D) by inserting after clause (iii) the fol-
11 lowing:
12 ‘‘(iv) a description of the technical and
13 economic viability of siting solar energy
14 technologies on current and former mine
15 land, including necessary interconnection
16 and transmission siting and the impact on
17 local job creation; and’’.
18 SEC. 40342. CLEAN ENERGY DEMONSTRATION PROGRAM ON
† HR 3684 EAS
1595
1 (C) Geothermal.
2 (D) Direct air capture.
3 (E) Fossil-fueled electricity generation with
4 carbon capture, utilization, and sequestration.
5 (F) Energy storage, including pumped stor-
6 age hydropower and compressed air storage.
7 (G) Advanced nuclear technologies.
8 (2) ECONOMICALLY DISTRESSED AREA.—The
† HR 3684 EAS
1596
1 (b) ESTABLISHMENT.—The Secretary shall establish a
2 program to demonstrate the technical and economic viabil-
3 ity of carrying out clean energy projects on current and
4 former mine land.
5 (c) SELECTION OF DEMONSTRATION PROJECTS.—
6 (1) IN GENERAL.—In carrying out the program,
7 the Secretary shall select not more than 5 clean en-
8 ergy projects, to be carried out in geographically di-
9 verse regions, at least 2 of which shall be solar
10 projects.
11 (2) ELIGIBILITY.—To be eligible to be selected for
12 participation in the program under paragraph (1), a
13 clean energy project shall demonstrate, as determined
14 by the Secretary, a technology on a current or former
15 mine land site with a reasonable expectation of com-
16 mercial viability.
17 (3) PRIORITY.—In selecting clean energy projects
18 for participation in the program under paragraph
19 (1), the Secretary shall prioritize clean energy
20 projects that will—
21 (A) be carried out in a location where the
22 greatest number of jobs can be created from the
23 successful demonstration of the clean energy
24 project;
† HR 3684 EAS
1597
1 (B) provide the greatest net impact in
2 avoiding or reducing greenhouse gas emissions;
3 (C) provide the greatest domestic job cre-
4 ation (both directly and indirectly) during the
5 implementation of the clean energy project;
6 (D) provide the greatest job creation and
7 economic development in the vicinity of the clean
8 energy project, particularly—
9 (i) in economically distressed areas;
10 and
11 (ii) with respect to dislocated workers
12 who were previously employed in manufac-
13 turing, coal power plants, or coal mining;
14 (E) have the greatest potential for techno-
15 logical innovation and commercial deployment;
16 (F) have the lowest levelized cost of gen-
17 erated or stored energy;
18 (G) have the lowest rate of greenhouse gas
19 emissions per unit of electricity generated or
20 stored; and
21 (H) have the shortest project time from per-
22 mitting to completion.
23 (4) PROJECT SELECTION.—The Secretary shall
24 solicit proposals for clean energy projects and select
25 clean energy project finalists in consultation with the
† HR 3684 EAS
1598
1 Secretary of the Interior, the Administrator of the
2 Environmental Protection Agency, and the Secretary
3 of Labor.
4 (5) COMPATIBILITY WITH EXISTING OPER-
† HR 3684 EAS
1599
1 for participation in the program under subsection (c) to
2 assess the needed interconnection, transmission, and other
3 grid components and permitting and siting necessary to
4 interconnect, on current and former mine land where the
5 project will be sited, any generation or storage with the elec-
6 tric grid.
7 (f) AUTHORIZATION OF APPROPRIATIONS.—There is
8 authorized to be appropriated to the Secretary to carry out
9 this section $500,000,000 for the period of fiscal years 2022
10 through 2026.
11 SEC. 40343. LEASES, EASEMENTS, AND RIGHTS-OF-WAY FOR
† HR 3684 EAS
1600
1 (1) REASONABLE PROSPECT OF REPAYMENT.—
† HR 3684 EAS
1601
1 ‘‘(iii) cash sweeps and other structure
2 enhancements;
3 ‘‘(iv) the projected financial strength of
4 the borrower—
5 ‘‘(I) at the time of loan close; and
6 ‘‘(II) throughout the loan term
7 after the project is completed;
8 ‘‘(v) the financial strength of the inves-
9 tors and strategic partners of the borrower,
10 if applicable; and
11 ‘‘(vi) other financial metrics and anal-
12 yses that are relied on by the private lend-
13 ing community and nationally recognized
14 credit rating agencies, as determined appro-
15 priate by the Secretary.’’.
16 (2) LOAN GUARANTEES FOR PROJECTS THAT IN-
18 CRITICAL MINERALS.—
† HR 3684 EAS
1602
1 essing, manufacturing, recycling, or fabrication of
2 mineral alternatives.’’.
3 (B) PROHIBITION ON USE OF PREVIOUSLY
† HR 3684 EAS
1603
1 certify that political influence did not impact the selection
2 of the project.’’.
3 (b) ADVANCED TECHNOLOGY VEHICLE MANUFAC-
4 TURING.—
† HR 3684 EAS
1604
1 Vehicles—Phase 2’ (81 Fed. Reg. 73478 (October
2 25, 2016));
3 ‘‘(C) a train or locomotive;
4 ‘‘(D) a maritime vessel;
5 ‘‘(E) an aircraft; and
6 ‘‘(F) hyperloop technology.’’.
7 (2) REASONABLE PROSPECT OF REPAYMENT.—
† HR 3684 EAS
1605
1 ‘‘(III) has met such other criteria
2 as may be established and published by
3 the Secretary; and
4 ‘‘(ii) the amount of the loan (when
5 combined with amounts available to the
6 loan recipient from other sources) will be
7 sufficient to carry out the project.
8 ‘‘(B) REASONABLE PROSPECT OF REPAY-
† HR 3684 EAS
1606
1 ‘‘(iv) the projected financial strength of
2 the loan recipient—
3 ‘‘(I) at the time of loan close; and
4 ‘‘(II) throughout the loan term
5 after the project is completed;
6 ‘‘(v) the financial strength of the inves-
7 tors and strategic partners of the loan re-
8 cipient, if applicable; and
9 ‘‘(vi) other financial metrics and anal-
10 yses that are relied on by the private lend-
11 ing community and nationally recognized
12 credit rating agencies, as determined appro-
13 priate by the Secretary.’’; and
14 (B) in paragraph (4)—
15 (i) in subparagraph (C), by striking
16 ‘‘and’’ after the semicolon;
17 (ii) in subparagraph (D), by striking
18 the period at the end and inserting ‘‘; and’’;
19 and
20 (iii) by adding at the end the fol-
21 lowing:
22 ‘‘(E) shall be subject to the condition that
23 the loan is not subordinate to other financing.’’.
† HR 3684 EAS
1607
1 (3) ADDITIONAL REFORMS.—Section 136 of the
2 Energy Independence and Security Act of 2007 (42
3 U.S.C. 17013) is amended—
4 (A) in subsection (b) by striking ‘‘ultra effi-
5 cient vehicle manufacturers, and component sup-
6 pliers’’ and inserting ‘‘ultra efficient vehicle
7 manufacturers, advanced technology vehicle man-
8 ufacturers, and component suppliers’’;
9 (B) in subsection (h)—
10 (i) in the subsection heading, by strik-
11 ing ‘‘AUTOMOBILE’’ and inserting ‘‘AD-
12 VANCED TECHNOLOGY VEHICLE’’; and
13 (ii) in paragraph (1)(B), by striking
14 ‘‘automobiles, or components of auto-
15 mobiles’’ and inserting ‘‘advanced tech-
16 nology vehicles, or components of advanced
17 technology vehicles’’;
18 (C) by striking subsection (i);
19 (D) by redesignating subsection (j) as sub-
20 section (i); and
21 (E) by adding at the end the following:
22 ‘‘(j) COORDINATION.—In carrying out this section, the
23 Secretary shall coordinate with relevant vehicle, bioenergy,
24 and hydrogen and fuel cell demonstration project activities
25 supported by the Department.
† HR 3684 EAS
1608
1 ‘‘(k) OUTREACH.—In carrying out this section, the
2 Secretary shall—
3 ‘‘(1) provide assistance with the completion of
4 applications for awards or loans under this section;
5 and
6 ‘‘(2) conduct outreach, including through con-
7 ferences and online programs, to disseminate infor-
8 mation on awards and loans under this section to po-
9 tential applicants.
10 ‘‘(l) PROHIBITION ON USE OF APPROPRIATED
11 FUNDS.—Amounts appropriated to the Secretary before the
12 date of enactment of this subsection shall not be available
13 to the Secretary to provide awards under subsection (b) or
14 loans under subsection (d) for the costs of activities that
15 were not eligible for those awards or loans on the day before
16 that date.
17 ‘‘(m) REPORT.—Not later than 2 years after the date
18 of enactment of this subsection, and every 3 years thereafter,
19 the Secretary shall submit to Congress a report on the status
20 of projects supported by a loan under this section, includ-
21 ing—
22 ‘‘(1) a list of projects receiving a loan under this
23 section, including the loan amount and construction
24 status of each project;
† HR 3684 EAS
1609
1 ‘‘(2) the status of the loan repayment for each
2 project, including future repayment projections;
3 ‘‘(3) data regarding the number of direct and in-
4 direct jobs retained, restored, or created by financed
5 projects;
6 ‘‘(4) the number of new projects projected to re-
7 ceive a loan under this section in the next 2 years,
8 including the projected aggregate loan amount over
9 the next 2 years;
10 ‘‘(5) evaluation of ongoing compliance with the
11 assurances and commitments, and of the predictions,
12 made by applicants pursuant to paragraphs (2) and
13 (3) of subsection (d);
14 ‘‘(6) the total number of applications received by
15 the Department each year; and
16 ‘‘(7) any other metrics the Secretary determines
17 appropriate.’’.
18 (4) CONFLICTS OF INTEREST.—Section 136(d) of
19 the Energy Independence and Security Act of 2007
20 (42 U.S.C. 17013(d)) is amended by adding at the
21 end the following:
22 ‘‘(5) CONFLICTS OF INTEREST.—For each eligible
23 project selected to receive a loan under this subsection,
24 the Secretary shall certify that political influence did
25 not impact the selection of the eligible project.’’.
† HR 3684 EAS
1610
1 (c) STATE LOAN ELIGIBILITY.—
2 (1) DEFINITIONS.—Section 1701 of the Energy
3 Policy Act of 2005 (42 U.S.C. 16511) is amended by
4 adding at the end the following:
5 ‘‘(6) STATE.—The term ‘State’ has the meaning
6 given the term in section 202 of the Energy Conserva-
7 tion and Production Act (42 U.S.C. 6802).
8 ‘‘(7) STATE ENERGY FINANCING INSTITUTION.—
† HR 3684 EAS
1611
1 scribed in clauses (i) and (ii) of subparagraph
2 (A) by an Indian Tribal entity or an Alaska Na-
3 tive Corporation.’’.
4 (2) TERMS AND CONDITIONS.—Section 1702 of
5 the Energy Policy Act of 2005 (42 U.S.C. 16512) is
6 amended—
7 (A) in subsection (a), by inserting ‘‘, in-
8 cluding projects receiving financial support or
9 credit enhancements from a State energy financ-
10 ing institution,’’ after ‘‘for projects’’;
11 (B) in subsection (d)(1), by inserting ‘‘, in-
12 cluding a guarantee for a project receiving fi-
13 nancial support or credit enhancements from a
14 State energy financing institution,’’ after ‘‘No
15 guarantee’’; and
16 (C) by adding at the end the following:
17 ‘‘(r) STATE ENERGY FINANCING INSTITUTIONS.—
18 ‘‘(1) ELIGIBILITY.—To be eligible for a guar-
19 antee under this title, a project receiving financial
20 support or credit enhancements from a State energy
21 financing institution—
22 ‘‘(A) shall meet the requirements of section
23 1703(a)(1); and
24 ‘‘(B) shall not be required to meet the re-
25 quirements of section 1703(a)(2).
† HR 3684 EAS
1612
1 ‘‘(2) PARTNERSHIPS AUTHORIZED.—In carrying
2 out a project receiving a loan guarantee under this
3 title, State energy financing institutions may enter
4 into partnerships with private entities, Tribal enti-
5 ties, and Alaska Native corporations.
6 ‘‘(3) PROHIBITION ON USE OF APPROPRIATED
† HR 3684 EAS
1613
1 (A) by inserting by striking ‘‘plants
2 liquification plants and’’ and inserting ‘‘plants,
3 liquification plants, and’’;
4 (B) by striking ‘‘to the West Coast’’; and
5 (C) by striking ‘‘to the continental United
6 States’’.
7 Subtitle B—Energy Information
8 Administration
9 SEC. 40411. DEFINITIONS.
10 In this subtitle:
11 (1) ADMINISTRATOR.—The term ‘‘Adminis-
12 trator’’ means the Administrator of the Energy Infor-
13 mation Administration.
14 (2) ANNUAL CRITICAL MINERALS OUTLOOK.—The
† HR 3684 EAS
1614
1 (A) the residential energy expenditures (as
2 defined in section 440.3 of title 10, Code of Fed-
3 eral Regulations (as in effect on the date of en-
4 actment of this Act)) of the applicable household;
5 by
6 (B) the annual income of that household.
7 (5) HOUSEHOLD WITH A HIGH ENERGY BUR-
† HR 3684 EAS
1615
1 (i) within a building; or
2 (ii) to serve a building; and
3 (B) is not used for heating, ventilation, air
4 conditioning, lighting, water heating, or refrig-
5 eration.
6 (9) REGIONAL TRANSMISSION ORGANIZATION.—
15 TOR.
16 (a) DASHBOARD.—
17 (1) ESTABLISHMENT.—
18 (A) IN GENERAL.—Not later than 90 days
19 after the date of enactment of this Act, the Ad-
20 ministrator shall establish an online database to
21 track the operation of the bulk power system in
22 the contiguous 48 States (referred to in this sec-
23 tion as the ‘‘Dashboard’’).
24 (B) IMPROVEMENT OF EXISTING DASH-
† HR 3684 EAS
1616
1 through the improvement, in accordance with
2 this subsection, of an existing dashboard of the
3 Energy Information Administration, such as—
4 (i) the U.S. Electric System Operating
5 Data dashboard; or
6 (ii) the Hourly Electric Grid Monitor.
7 (2) EXPANSION.—
8 (A) IN GENERAL.—Not later than 1 year
9 after the date of enactment of this Act, the Ad-
10 ministrator shall expand the Dashboard to in-
11 clude, to the maximum extent practicable, hourly
12 operating data collected from the electricity bal-
13 ancing authorities that operate the bulk power
14 system in all of the several States, each territory
15 of the United States, and the District of Colum-
16 bia.
17 (B) TYPES OF DATA.—The hourly operating
18 data collected under subparagraph (A) may in-
19 clude data relating to—
20 (i) total electricity demand;
21 (ii) electricity demand by subregion;
22 (iii) short-term electricity demand
23 forecasts;
24 (iv) total electricity generation;
† HR 3684 EAS
1617
1 (v) net electricity generation by fuel
2 type, including renewables;
3 (vi) electricity stored and discharged;
4 (vii) total net electricity interchange;
5 (viii) electricity interchange with di-
6 rectly interconnected balancing authorities;
7 and
8 (ix) where available, the estimated
9 marginal greenhouse gas emissions per
10 megawatt hour of electricity generated—
11 (I) within the metered boundaries
12 of each balancing authority; and
13 (II) for each pricing node.
14 (b) MIX OF ENERGY SOURCES.—
15 (1) IN GENERAL.—Not later than 1 year after
16 the date of enactment of this Act, the Administrator
17 shall establish, in accordance with section 40419 and
18 this subsection and to the extent the Administrator
19 determines to be appropriate, a system to harmonize
20 the operating data on electricity generation collected
21 under subsection (a) with—
22 (A) measurements of greenhouse gas and
23 other pollutant emissions collected by the Envi-
24 ronmental Protection Agency;
† HR 3684 EAS
1618
1 (B) other data collected by the Environ-
2 mental Protection Agency or other relevant Fed-
3 eral agencies, as the Administrator determines to
4 be appropriate; and
5 (C) data collected by State or regional en-
6 ergy credit registries.
7 (2) OUTCOMES.—The system established under
8 paragraph (1) shall result in an integrated dataset
9 that includes, for any given time—
10 (A) the net generation of electricity by
11 megawatt hour within the metered boundaries of
12 each balancing authority; and
13 (B) where available, the average and mar-
14 ginal greenhouse gas emissions by megawatt
15 hour of electricity generated within the metered
16 boundaries of each balancing authority.
17 (3) REAL-TIME DATA DISSEMINATION.—To the
18 maximum extent practicable, the system established
19 under paragraph (1) shall disseminate data—
20 (A) on a real-time basis; and
21 (B) through an application programming
22 interface that is publicly accessible.
23 (4) COMPLEMENTARY EFFORTS.—The system es-
24 tablished under paragraph (1) shall complement any
25 existing data dissemination efforts of the Adminis-
† HR 3684 EAS
1619
1 trator that make use of electricity generation data,
2 such as electricity demand by subregion and elec-
3 tricity interchange with directly interconnected bal-
4 ancing authorities.
5 (c) OBSERVED CHARACTERISTICS OF BULK POWER
6 SYSTEM RESOURCE INTEGRATION.—
7 (1) IN GENERAL.—Not later than 1 year after
8 the date of enactment of this Act, the Administrator
9 shall establish a system to provide to the public time-
10 ly data on the integration of energy resources into the
11 bulk power system and the electric distribution grids
12 in the United States, and the observed effects of that
13 integration.
14 (2) REQUIREMENTS.—In carrying out para-
15 graph (1), the Administrator shall seek to improve the
16 temporal and spatial resolution of data relating to
17 how grid operations are changing, such as through—
18 (A) thermal generator cycling to accommo-
19 date intermittent generation;
20 (B) generation unit self-scheduling prac-
21 tices;
22 (C) renewable source curtailment;
23 (D) utility-scale storage;
24 (E) load response;
† HR 3684 EAS
1620
1 (F) aggregations of distributed energy re-
2 sources at the distribution system level;
3 (G) power interchange between directly con-
4 nected balancing authorities;
5 (H) expanding Regional Transmission Or-
6 ganization balancing authorities;
7 (I) improvements in real-time—
8 (i) accuracy of locational marginal
9 prices; and
10 (ii) signals to flexible demand; and
11 (J) disruptions to grid operations, includ-
12 ing disruptions caused by cyber sources, physical
13 sources, extreme weather events, or other sources.
14 (d) DISTRIBUTION SYSTEM OPERATIONS.—
15 (1) IN GENERAL.—Not later than 1 year after
16 the date of enactment of this Act, the Administrator
17 shall establish a system to provide to the public time-
18 ly data on the operations of load-serving entities in
19 the electricity grids of the United States.
20 (2) REQUIREMENTS.—
21 (A) IN GENERAL.—In carrying out para-
22 graph (1), the Administrator shall—
23 (i) not less frequently than annually,
24 provide data on—
† HR 3684 EAS
1621
1 (I) the delivered generation re-
2 source mix for each load-serving entity;
3 and
4 (II) the distributed energy re-
5 sources operating within each service
6 area of a load-serving entity;
7 (ii) harmonize the data on delivered
8 generation resource mix described in clause
9 (i)(I) with measurements of greenhouse gas
10 emissions collected by the Environmental
11 Protection Agency;
12 (iii) to the maximum extent prac-
13 ticable, disseminate the data described in
14 clause (i)(I) and the harmonized data de-
15 scribed in clause (ii) on a real-time basis;
16 and
17 (iv) provide historical data, beginning
18 with the earliest calendar year practicable,
19 but not later than calendar year 2020, on
20 the delivered generation resource mix de-
21 scribed in clause (i)(I).
22 (B) DATA ON THE DELIVERED GENERATION
† HR 3684 EAS
1622
1 (i) use existing voluntary industry
2 methodologies, including reporting proto-
3 cols, databases, and emissions and energy
4 use tracking software that provide con-
5 sistent, timely, and accessible carbon emis-
6 sions intensity rates for delivered electricity;
7 (ii) consider that generation and
8 transmission entities may provide data on
9 behalf of load-serving entities;
10 (iii) to the extent that the Adminis-
11 trator determines necessary, and in a man-
12 ner designed to protect confidential infor-
13 mation, require each load-serving entity to
14 submit additional information as needed to
15 determine the delivered generation resource
16 mix of the load-serving entity, including fi-
17 nancial or contractual agreements for power
18 and generation resource type attributes with
19 respect to power owned by or retired by the
20 load-serving entity; and
21 (iv) for any portion of the generation
22 resource mix of a load-serving entity that is
23 otherwise unaccounted for, develop a meth-
24 odology to assign to the load-serving entity
25 a share of the otherwise unaccounted for re-
† HR 3684 EAS
1623
1 source mix of the relevant balancing author-
2 ity.
3 SEC. 40413. EXPANSION OF ENERGY CONSUMPTION SUR-
4 VEYS.
† HR 3684 EAS
1624
1 (i) accessing other existing data
2 sources; and
3 (ii) if feasible, developing online and
4 real-time reporting systems;
5 (C) identify and report community-level
6 economic and environmental impacts, including
7 with respect to—
8 (i) the reliability and security of the
9 energy supply; and
10 (ii) local areas with households with a
11 high energy burden; and
12 (D) improve the presentation of data, in-
13 cluding by—
14 (i) enabling the presentation of data in
15 an interactive cartographic format on a na-
16 tional, regional, State, and local level with
17 the functionality of viewing various eco-
18 nomic, energy, and demographic measures
19 on an individual basis or in combination;
20 and
21 (ii) incorporating the results of the
22 data collection, methods, and tools described
23 in subparagraphs (A) and (B) into existing
24 and new digital distribution methods.
† HR 3684 EAS
1625
1 (2) MANUFACTURING ENERGY CONSUMPTION
† HR 3684 EAS
1626
1 (i) hydrogen generation, production,
2 transport, use, and storage infrastructure;
3 and
4 (ii) carbon dioxide capture, transport,
5 use, and storage infrastructure.
6 (3) RESIDENTIAL ENERGY CONSUMPTION SUR-
† HR 3684 EAS
1627
1 (iii) characteristics of the energy mix
2 used to generate electricity in different re-
3 gions; and
4 (iv) the household energy burden for
5 households—
6 (I) in different geographic areas;
7 (II) by electricity, heating, and
8 other end-uses; and
9 (III) with different demographic
10 characteristics that correlate with in-
11 creased household energy burden, in-
12 cluding—
13 (aa) having a low household
14 income;
15 (bb) being a minority house-
16 hold;
17 (cc) residing in manufac-
18 tured or multifamily housing;
19 (dd) being in a fixed or re-
20 tirement income household;
21 (ee) residing in rental hous-
22 ing; and
23 (ff) other factors, as deter-
24 mined by the Administrator.
† HR 3684 EAS
1628
1 SEC. 40414. DATA COLLECTION ON ELECTRIC VEHICLE IN-
† HR 3684 EAS
1629
1 (3) the Administrator of the Environmental Pro-
2 tection Agency;
3 (4) States or State agencies; and
4 (5) private entities.
5 SEC. 40415. PLAN FOR THE MODELING AND FORECASTING
7 ERGY SECTOR.
8 (a) PLAN.—
9 (1) IN GENERAL.—Not later than 180 days after
10 the date of enactment of this Act, the Administrator,
11 in coordination with the Director of the United States
12 Geological Survey, shall develop a plan for the mod-
13 eling and forecasting of demand for energy tech-
14 nologies, including for energy production, trans-
15 mission, or storage purposes, that use minerals that
16 are or could be designated as critical minerals.
17 (2) INCLUSIONS.—The plan developed under
18 paragraph (1) shall identify—
19 (A) the type and quantity of minerals con-
20 sumed, delineated by energy technology;
21 (B) existing markets for manufactured en-
22 ergy-producing, energy-transmission, and en-
23 ergy-storing equipment; and
24 (C) emerging or potential markets for new
25 energy-producing, energy-transmission, and en-
† HR 3684 EAS
1630
1 ergy-storing technologies entering commercializa-
2 tion.
3 (b) METRICS.—The plan developed under subsection
4 (a)(1) shall produce forecasts of energy technology de-
5 mand—
6 (1) over the 1-year, 5-year, and 10-year periods
7 beginning on the date on which development of the
8 plan is completed;
9 (2) by economic sector; and
10 (3) according to any other parameters that the
11 Administrator, in collaboration with the Secretary of
12 the Interior, acting through the Director of the United
13 States Geological Survey, determines are needed for
14 the Annual Critical Minerals Outlook.
15 (c) COLLABORATION.—The Administrator shall de-
16 velop the plan under subsection (a)(1) in consultation
17 with—
18 (1) the Secretary with respect to the possible tra-
19 jectories of emerging energy-producing and energy-
20 storing technologies; and
21 (2) the Secretary of the Interior, acting through
22 the Director of the United States Geological Survey—
23 (A) to ensure coordination;
24 (B) to avoid duplicative effort; and
† HR 3684 EAS
1631
1 (C) to align the analysis of demand with
2 data and analysis of where the minerals are pro-
3 duced, refined, and subsequently processed into
4 materials and parts that are used to build en-
5 ergy technologies.
6 SEC. 40416. EXPANSION OF INTERNATIONAL ENERGY DATA.
† HR 3684 EAS
1632
1 (2) include detail on energy consumption by fuel,
2 economic sector, and end use within countries for
3 which data are available;
4 (3) collect relevant measures of energy use, in-
5 cluding—
6 (A) cost; and
7 (B) emissions intensity; and
8 (4) provide tools that allow for straightforward
9 country-to-country comparisons of energy production
10 and consumption across economic sectors and end
11 uses.
12 SEC. 40417. PLAN FOR THE NATIONAL ENERGY MODELING
13 SYSTEM.
† HR 3684 EAS
1633
1 and chemical synthesis services, including inter-
2 actions of those energy systems with the electricity
3 grids, pipeline networks, and the broader economy;
4 (5) demand response and improved representa-
5 tion of energy storage, including long-duration stor-
6 age, in capacity expansion models;
7 (6) electrification, particularly with respect to
8 the transportation, industrial, and buildings sectors;
9 (7) increasing model resolution to represent all
10 hours of the year and all electricity generators;
11 (8) wholesale electricity market design and the
12 appropriate valuation of all services that support the
13 reliability of electricity grids, such as—
14 (A) battery storage; and
15 (B) synthetic inertia from grid-tied invert-
16 ers;
17 (9) economic modeling of the role of energy effi-
18 ciency, demand response, electricity storage, and a
19 variety of distributed generation technologies;
20 (10) the production, transport, use, and storage
21 of carbon dioxide, hydrogen, and hydrogen carriers;
22 (11) greater flexibility in—
23 (A) the modeling of the environmental im-
24 pacts of electricity systems, such as—
† HR 3684 EAS
1634
1 (i) emissions of greenhouse gases and
2 other pollutants; and
3 (ii) the use of land and water re-
4 sources; and
5 (B) the ability to support climate modeling,
6 such as the climate modeling performed by the
7 Office of Biological and Environmental Research
8 in the Office of Science of the Department;
9 (12) technologies that are in an early stage of
10 commercial deployment and have been identified by
11 the Secretary as candidates for large-scale demonstra-
12 tion projects, such as—
13 (A) carbon capture, transport, use, and
14 storage from any source or economic sector;
15 (B) direct air capture;
16 (C) hydrogen production, including via elec-
17 trolysis;
18 (D) synthetic and biogenic hydrocarbon liq-
19 uid and gaseous fuels;
20 (E) supercritical carbon dioxide combustion
21 turbines;
22 (F) industrial fuel cell and hydrogen com-
23 bustion equipment; and
24 (G) industrial electric boilers;
† HR 3684 EAS
1635
1 (13) increased and improved data sources and
2 tools, including—
3 (A) the establishment of technology and cost
4 baselines, including technology learning rates;
5 (B) economic and employment impacts of
6 energy system policies and energy prices on
7 households, as a function of household income
8 and region; and
9 (C) the use of behavioral economics to in-
10 form demand modeling in all sectors; and
11 (14) striving to migrate toward a single, con-
12 sistent, and open-source modeling platform, and in-
13 creasing open access to model systems, data, and out-
14 comes, for—
15 (A) disseminating reference scenarios that
16 can be transparently and broadly replicated; and
17 (B) promoting the development of the re-
18 searcher and analyst workforce needed to con-
19 tinue the development and validation of im-
20 proved energy system models in the future.
21 SEC. 40418. REPORT ON COSTS OF CARBON ABATEMENT IN
† HR 3684 EAS
1636
1 (1) the potential use of levelized cost of carbon
2 abatement or a similar metric in analyzing genera-
3 tors of electricity, including an identification of limi-
4 tations and appropriate uses of the metric;
5 (2) the feasibility and impact of incorporating
6 levelized cost of carbon abatement in long-term fore-
7 casts—
8 (A) to compare technical approaches and
9 understand real-time changes in fossil-fuel and
10 nuclear dispatch;
11 (B) to compare the system-level costs of
12 technology options to reduce emissions; and
13 (C) to compare the costs of policy options,
14 including current policies, regarding valid and
15 verifiable reductions and removals of carbon; and
16 (3)(A) a potential process to measure carbon di-
17 oxide emissions intensity per unit of output produc-
18 tion for a range of—
19 (i) energy sources;
20 (ii) sectors; and
21 (iii) geographic regions; and
22 (B) a corresponding process to provide an
23 empirical framework for reporting the status and
24 costs of carbon dioxide reduction relative to spec-
25 ified goals.
† HR 3684 EAS
1637
1 SEC. 40419. HARMONIZATION OF EFFORTS AND DATA.
11 PORTATION SECTOR.
† HR 3684 EAS
1639
1 by reducing charging times for light-, medium-
2 , and heavy-duty vehicles;
3 ‘‘(C) accelerate third-party investment in
4 electric vehicle charging for light-, medium-, and
5 heavy-duty vehicles; and
6 ‘‘(D) appropriately recover the marginal
7 costs of delivering electricity to electric vehicles
8 and electric vehicle charging infrastructure.’’.
9 (b) COMPLIANCE.—
10 (1) TIME LIMITATION.—Section 112(b) of the
11 Public Utility Regulatory Policies Act of 1978 (16
12 U.S.C. 2622(b)) (as amended by section
13 40104(a)(2)(A)) is amended by adding at the end the
14 following:
15 ‘‘(8)(A) Not later than 1 year after the date of
16 enactment of this paragraph, each State regulatory
17 authority (with respect to each electric utility for
18 which the State has ratemaking authority) and each
19 nonregulated utility shall commence consideration
20 under section 111, or set a hearing date for consider-
21 ation, with respect to the standard established by
22 paragraph (21) of section 111(d).
23 ‘‘(B) Not later than 2 years after the date
24 of enactment of this paragraph, each State regu-
25 latory authority (with respect to each electric
† HR 3684 EAS
1640
1 utility for which the State has ratemaking au-
2 thority), and each nonregulated electric utility
3 shall complete the consideration and make the
4 determination under section 111 with respect to
5 the standard established by paragraph (21) of
6 section 111(d).’’.
7 (2) FAILURE TO COMPLY.—Section 112(c) of the
8 Public Utility Regulatory Policies Act of 1978 (16
9 U.S.C. 2622(c)) (as amended by section
10 40104(a)(2)(B)(i)) is amended by adding at the end
11 the following: ‘‘In the case of the standard established
12 by paragraph (21) of section 111(d), the reference
13 contained in this subsection to the date of enactment
14 of this Act shall be deemed to be a reference to the
15 date of enactment of that paragraph (21).’’.
16 (3) PRIOR STATE ACTIONS.—
† HR 3684 EAS
1641
1 ity in a State if, before the date of enactment of this sub-
2 section—
3 ‘‘(1) the State has implemented for the electric
4 utility the standard (or a comparable standard);
5 ‘‘(2) the State regulatory authority for the State
6 or the relevant nonregulated electric utility has con-
7 ducted a proceeding to consider implementation of the
8 standard (or a comparable standard) for the electric
9 utility; or
10 ‘‘(3) the State legislature has voted on the imple-
11 mentation of the standard (or a comparable stand-
12 ard) for the electric utility during the 3-year period
13 ending on that date of enactment.’’.
14 (B) CROSS-REFERENCE.—Section 124 of the
15 Public Utility Regulatory Policies Act of 1978
16 (16 U.S.C. 2634) (as amended by section
17 40104(a)(2)(C)(ii)(II)) is amended by adding at
18 the end the following: ‘‘In the case of the stand-
19 ard established by paragraph (21) of section
20 111(d), the reference contained in this section to
21 the date of enactment of this Act shall be deemed
22 to be a reference to the date of enactment of that
23 paragraph (21).’’.
† HR 3684 EAS
1642
1 SEC. 40432. OFFICE OF PUBLIC PARTICIPATION.
† HR 3684 EAS
1644
1 SEC. 40434. STUDY AND REPORT BY THE SECRETARY OF EN-
5 PIPELINE.
19 In this subtitle:
20 (1) PRIORITY STATE.—The term ‘‘priority State’’
21 means a State that—
22 (A) is eligible for funding under the State
23 Energy Program; and
24 (B)(i) is among the 15 States with the high-
25 est annual per-capita combined residential and
26 commercial sector energy consumption, as most
† HR 3684 EAS
1646
1 recently reported by the Energy Information Ad-
2 ministration; or
3 (ii) is among the 15 States with the highest
4 annual per-capita energy-related carbon dioxide
5 emissions by State, as most recently reported by
6 the Energy Information Administration.
7 (2) PROGRAM.—The term ‘‘program’’ means the
8 program established under section 40502(a).
9 (3) STATE.—The term ‘‘State’’ means a State
10 (as defined in section 3 of the Energy Policy and
11 Conservation Act (42 U.S.C. 6202)), acting through a
12 State energy office.
13 (4) STATE ENERGY PROGRAM.—The term ‘‘State
14 Energy Program’’ means the State Energy Program
15 established under part D of title III of the Energy
16 Policy and Conservation Act (42 U.S.C. 6321 et seq.).
17 SEC. 40502. ENERGY EFFICIENCY REVOLVING LOAN FUND
† HR 3684 EAS
1647
1 (b) DISTRIBUTION OF FUNDS.—
2 (1) ALL STATES.—
† HR 3684 EAS
1648
1 claimed funds to the remaining priority States
2 seeking supplemental capitalization grants under
3 that subparagraph.
4 (C) GRANT AMOUNT.—
† HR 3684 EAS
1649
1 (3) a description of the expected benefits that
2 building infrastructure and energy system upgrades
3 and retrofits will have on communities in the State;
4 and
5 (4) in the case of a priority State seeking a sup-
6 plemental capitalization grant under subsection
7 (b)(2), a justification for needing the supplemental
8 funding.
9 (d) TIMING.—
10 (1) IN GENERAL.—The Secretary shall establish
11 a timeline with dates by, or periods by the end of,
12 which a State shall—
13 (A) on receipt of a capitalization grant
14 under the program, deposit the grant funds into
15 a revolving loan fund; and
16 (B) begin using the capitalization grant as
17 described in subsection (e)(1).
18 (2) USE OF GRANT.—Under the timeline estab-
19 lished under paragraph (1), a State shall be required
20 to begin using a capitalization grant not more than
21 180 days after the date on which the grant is received.
22 (e) USE OF GRANT FUNDS.—
23 (1) IN GENERAL.—A State that receives a cap-
24 italization grant under the program—
† HR 3684 EAS
1650
1 (A) shall provide loans in accordance with
2 paragraph (2); and
3 (B) may provide grants in accordance with
4 paragraph (3).
5 (2) LOANS.—
6 (A) COMMERCIAL ENERGY AUDIT.—
† HR 3684 EAS
1651
1 (cc) windows;
2 (dd) appliances; and
3 (ee) insulation and building
4 envelopes;
5 (III) estimate the energy and cost
6 savings potential of the opportunities
7 identified in subclause (II) using soft-
8 ware approved by the Secretary;
9 (IV) identify—
10 (aa) the period and level of
11 peak energy demand for each
12 building within the facility of the
13 eligible recipient; and
14 (bb) the sources of energy
15 consumption that are contributing
16 the most to that period of peak en-
17 ergy demand;
18 (V) recommend controls and man-
19 agement systems to reduce or redis-
20 tribute peak energy consumption; and
21 (VI) estimate the total energy and
22 cost savings potential for the facility of
23 the eligible recipient if all rec-
24 ommended upgrades and retrofits are
† HR 3684 EAS
1652
1 implemented, using software approved
2 by the Secretary.
3 (iii) ADDITIONAL AUDIT INCLU-
† HR 3684 EAS
1653
1 (i) IN GENERAL.—A State that receives
2 a capitalization grant under the program
3 may provide a loan to an eligible recipient
4 described in clause (iv) to conduct a resi-
5 dential energy audit.
6 (ii) RESIDENTIAL ENERGY AUDIT RE-
† HR 3684 EAS
1654
1 (ee) insulation and building
2 envelopes;
3 (III) recommend controls and
4 management systems to reduce or re-
5 distribute peak energy consumption;
6 (IV) compare the energy consump-
7 tion of the residential building of the
8 eligible recipient to comparable resi-
9 dential buildings in the same geo-
10 graphic area; and
11 (V) provide a Home Energy
12 Score, or equivalent score (as deter-
13 mined by the Secretary), for the resi-
14 dential building of the eligible recipi-
15 ent by using the Home Energy Score
16 Tool of the Department or an equiva-
17 lent scoring tool.
18 (iii) ADDITIONAL AUDIT INCLU-
† HR 3684 EAS
1655
1 (iv) ELIGIBLE RECIPIENTS.—An eligi-
2 ble recipient under clause (i) is—
3 (I) an individual who owns—
4 (aa) a single family home;
5 (bb) a condominium or du-
6 plex; or
7 (cc) a manufactured housing
8 unit; or
9 (II) a business that owns or oper-
10 ates a multifamily housing facility.
11 (C) COMMERCIAL AND RESIDENTIAL EN-
† HR 3684 EAS
1656
1 ment used in the Energy Star program
2 established under section 324A of the
3 Energy Policy and Conservation Act
4 (42 U.S.C. 6294a);
5 (III) improve, with respect to the
6 building or facility of the eligible re-
7 cipient—
8 (aa) the physical comfort of
9 the building or facility occupants;
10 (bb) the energy efficiency of
11 the building or facility; or
12 (cc) the quality of the air in
13 the building or facility; and
14 (IV)(aa) are lifecycle cost-effective;
15 and
16 (bb)(AA) reduce the energy inten-
17 sity of the building or facility of the el-
18 igible recipient; or
19 (BB) improve the control and
20 management of energy usage of the
21 building or facility to reduce demand
22 during peak times.
23 (ii) ELIGIBLE RECIPIENTS.—An eligi-
24 ble recipient under clause (i) is an eligible
† HR 3684 EAS
1657
1 recipient described in subparagraph (A)(iv)
2 or (B)(iv) that—
3 (I) has completed a commercial
4 energy audit described in subpara-
5 graph (A) or a residential energy audit
6 described in subparagraph (B) using a
7 loan provided under the applicable
8 subparagraph; or
9 (II) has completed a commercial
10 energy audit or residential energy
11 audit that—
12 (aa) was not funded by a
13 loan under this paragraph; and
14 (bb)(AA) meets the require-
15 ments for the applicable audit
16 under subparagraph (A) or (B),
17 as applicable; or
18 (BB) the Secretary deter-
19 mines is otherwise satisfactory.
20 (iii) LOAN TERM.—
† HR 3684 EAS
1658
1 (aa) subject to subclause (II),
2 the year in which the upgrades or
3 retrofits carried out using the
4 loan exceed their expected useful
5 life; and
6 (bb) 15 years after those up-
7 grades or retrofits are installed.
8 (II) CALCULATION.—For purposes
9 of subclause (I)(aa), in the case of a
10 loan being used to fund multiple up-
11 grades or retrofits, the longest-lived up-
12 grade or retrofit shall be used to cal-
13 culate the year in which the upgrades
14 or retrofits carried out using the loan
15 exceed their expected useful life.
16 (D) REFERRAL TO QUALIFIED CONTRAC-
† HR 3684 EAS
1659
1 (ii) the total upfront capital cost of
2 implementing all recommended upgrades.
3 (E) LOAN RECIPIENTS.—Each State pro-
4 viding loans under this paragraph shall, to the
5 maximum extent practicable, provide loans to el-
6 igible recipients that do not have access to pri-
7 vate capital.
8 (3) GRANTS AND TECHNICAL ASSISTANCE.—
† HR 3684 EAS
1660
1 tion and Opportunity Act (29 U.S.C.
2 3102)) that owns a residential building.
3 (4) FINAL ASSESSMENT.—A State that provides
4 a capitalization grant under paragraph (2)(C) to an
5 eligible recipient described in clause (ii) of that para-
6 graph may, not later than 1 year after the date on
7 which the upgrades or retrofits funded by the grant
8 under that paragraph are completed, provide to the
9 eligible recipient a loan or, in accordance with para-
10 graph (3), a grant to conduct a final energy audit
11 that assesses the total energy savings from the up-
12 grades or retrofits.
13 (5) ADMINISTRATIVE EXPENSES.—A State that
14 receives a capitalization grant under the program
15 may use not more than 10 percent of the grant funds
16 for administrative expenses.
17 (f) COORDINATION WITH EXISTING PROGRAMS.—A
18 State receiving a capitalization grant under the program
19 is encouraged to utilize and build on existing programs and
20 infrastructure within the State that may aid the State in
21 carrying out a revolving loan fund program.
22 (g) LEVERAGING PRIVATE CAPITAL.—A State receiv-
23 ing a capitalization grant under the program shall, to the
24 maximum extent practicable, use the grant to leverage pri-
25 vate capital.
† HR 3684 EAS
1661
1 (h) OUTREACH.—The Secretary shall engage in out-
2 reach to inform States of the availability of capitalization
3 grants under the program.
4 (i) REPORT.—Each State that receives a capitaliza-
5 tion grant under the program shall, not later than 2 years
6 after a grant is received, submit to the Secretary a report
7 that describes—
8 (1) the number of recipients to which the State
9 has distributed—
10 (A) loans for—
11 (i) commercial energy audits under
12 subsection (e)(2)(A);
13 (ii) residential energy audits under
14 subsection (e)(2)(B);
15 (iii) energy upgrades and retrofits
16 under subsection (e)(2)(C); and
17 (B) grants under subsection (e)(3); and
18 (2) the average capital cost of upgrades and ret-
19 rofits across all commercial energy audits and resi-
20 dential energy audits that were conducted in the
21 State using loans provided by the State under sub-
22 section (e).
23 (j) AUTHORIZATION OF APPROPRIATIONS.—There is
24 authorized to be appropriated to the Secretary to carry out
† HR 3684 EAS
1662
1 this section $250,000,000 for fiscal year 2022, to remain
2 available until expended.
3 SEC. 40503. ENERGY AUDITOR TRAINING GRANT PROGRAM.
† HR 3684 EAS
1663
1 (2) ELIGIBLE STATE.—The term ‘‘eligible State’’
2 means a State that—
3 (A) has a demonstrated need for assistance
4 for training energy auditors; and
5 (B) meets any additional criteria deter-
6 mined necessary by the Secretary.
7 (b) ESTABLISHMENT.—Under the State Energy Pro-
8 gram, the Secretary shall establish a competitive grant pro-
9 gram under which the Secretary shall award grants to eligi-
10 ble States to train individuals to conduct energy audits or
11 surveys of commercial and residential buildings.
12 (c) APPLICATIONS.—
13 (1) IN GENERAL.—A State seeking a grant under
14 subsection (b) shall submit to the Secretary an appli-
15 cation at such time, in such manner, and containing
16 such information as the Secretary may require, in-
17 cluding the energy auditor training program plan de-
18 scribed in paragraph (2).
19 (2) ENERGY AUDITOR TRAINING PROGRAM
† HR 3684 EAS
1664
1 (ii) an identification of the covered certifi-
2 cation that those trainees will receive on comple-
3 tion of that training curriculum;
4 (B) the expected per-individual cost of
5 training;
6 (C) a plan for connecting trainees with em-
7 ployment opportunities; and
8 (D) any additional information required by
9 the Secretary.
10 (d) AMOUNT OF GRANT.—The amount of a grant
11 awarded to an eligible State under subsection (b)—
12 (1) shall be determined by the Secretary, taking
13 into account the population of the eligible State; and
14 (2) shall not exceed $2,000,000 for any eligible
15 State.
16 (e) USE OF FUNDS.—
17 (1) IN GENERAL.—An eligible State that receives
18 a grant under subsection (b) shall use the grant
19 funds—
20 (A) to cover any cost associated with indi-
21 viduals being trained or certified to conduct en-
22 ergy audits by—
23 (i) the State; or
24 (ii) a State-certified third party train-
25 ing program; and
† HR 3684 EAS
1665
1 (B) subject to paragraph (2), to pay the
2 wages of a trainee during the period in which
3 the trainee receives training and certification.
4 (2) LIMITATION.—Not more than 10 percent of
5 grant funds provided under subsection (b) to an eligi-
6 ble State may be used for the purpose described in
7 paragraph (1)(B).
8 (f) CONSULTATION.—In carrying out this section, the
9 Secretary shall consult with the Secretary of Labor.
10 (g) AUTHORIZATION OF APPROPRIATIONS.—There is
11 authorized to be appropriated to the Secretary to carry out
12 this section $40,000,000 for the period of fiscal years 2022
13 through 2026.
14 Subtitle B—Buildings
15 SEC. 40511. COST-EFFECTIVE CODES IMPLEMENTATION FOR
† HR 3684 EAS
1666
1 ‘‘(A) a relevant State agency, as determined
2 by the Secretary, such as a State building code
3 agency, State energy office, or Tribal energy of-
4 fice; and
5 ‘‘(B) a partnership.
6 ‘‘(2) PARTNERSHIP.—The term ‘partnership’
7 means a partnership between an eligible entity de-
8 scribed in paragraph (1)(A) and 1 or more of the fol-
9 lowing entities:
10 ‘‘(A) Local building code agencies.
11 ‘‘(B) Codes and standards developers.
12 ‘‘(C) Associations of builders and design
13 and construction professionals.
14 ‘‘(D) Local and utility energy efficiency
15 programs.
16 ‘‘(E) Consumer, energy efficiency, and envi-
17 ronmental advocates.
18 ‘‘(F) Other entities, as determined by the
19 Secretary.
20 ‘‘(3) SECRETARY.—The term ‘Secretary’ means
21 the Secretary of Energy.
22 ‘‘(b) ESTABLISHMENT.—
23 ‘‘(1) IN GENERAL.—The Secretary shall establish
24 within the Building Technologies Office of the Depart-
25 ment of Energy a program under which the Secretary
† HR 3684 EAS
1667
1 shall award grants on a competitive basis to eligible
2 entities to enable sustained cost-effective implementa-
3 tion of updated building energy codes.
4 ‘‘(2) UPDATED BUILDING ENERGY CODE.—An
† HR 3684 EAS
1668
1 ‘‘(C) prospective benefits, and plans to as-
2 sess the benefits, including benefits relating to—
3 ‘‘(i) resilience and peak load reduction;
4 ‘‘(ii) occupant safety and health; and
5 ‘‘(iii) environmental performance;
6 ‘‘(D) the demonstrated capacity of the eligi-
7 ble entity to carry out the proposed project; and
8 ‘‘(E) the need of the eligible entity for as-
9 sistance; and
10 ‘‘(2) give priority to applications from partner-
11 ships.
12 ‘‘(d) ELIGIBLE ACTIVITIES.—
13 ‘‘(1) IN GENERAL.—An eligible entity awarded a
14 grant under this section may use the grant funds—
15 ‘‘(A) to create or enable State or regional
16 partnerships to provide training and materials
17 to—
18 ‘‘(i) builders, contractors and sub-
19 contractors, architects, and other design and
20 construction professionals, relating to meet-
21 ing updated building energy codes in a cost-
22 effective manner; and
23 ‘‘(ii) building code officials, relating to
24 improving implementation of and compli-
25 ance with building energy codes;
† HR 3684 EAS
1669
1 ‘‘(B) to collect and disseminate quantitative
2 data on construction and codes implementation,
3 including code pathways, performance metrics,
4 and technologies used;
5 ‘‘(C) to develop and implement a plan for
6 highly effective codes implementation, including
7 measuring compliance;
8 ‘‘(D) to address various implementation
9 needs in rural, suburban, and urban areas; and
10 ‘‘(E) to implement updates in energy codes
11 for—
12 ‘‘(i) new residential and commercial
13 buildings (including multifamily build-
14 ings); and
15 ‘‘(ii) additions and alterations to exist-
16 ing residential and commercial buildings
17 (including multifamily buildings).
18 ‘‘(2) RELATED TOPICS.—Training and materials
19 provided using a grant under this section may in-
20 clude information on the relationship between energy
21 codes and—
22 ‘‘(A) cost-effective, high-performance, and
23 zero-net-energy buildings;
24 ‘‘(B) improving resilience, health, and safe-
25 ty;
† HR 3684 EAS
1670
1 ‘‘(C) water savings and other environmental
2 impacts; and
3 ‘‘(D) the economic impacts of energy codes.
4 ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There is
5 authorized to be appropriated to the Secretary to carry out
6 this section $225,000,000 for the period of fiscal years 2022
7 through 2026.’’.
8 (b) CONFORMING AMENDMENT.—Section 303 of the
9 Energy Conservation and Production Act (42 U.S.C. 6832)
10 is amended, in the matter preceding paragraph (1), by
11 striking ‘‘As used in’’ and inserting ‘‘Except as otherwise
12 provided, in’’.
13 SEC. 40512. BUILDING, TRAINING, AND ASSESSMENT CEN-
14 TERS.
† HR 3684 EAS
1671
1 (2) to promote the application of emerging con-
2 cepts and technologies in commercial and institu-
3 tional buildings;
4 (3) to train engineers, architects, building sci-
5 entists, building energy permitting and enforcement
6 officials, and building technicians in energy-efficient
7 design and operation;
8 (4) to assist institutions of higher education and
9 Tribal Colleges or Universities in training building
10 technicians;
11 (5) to promote research and development for the
12 use of alternative energy sources and distributed gen-
13 eration to supply heat and power for buildings, par-
14 ticularly energy-intensive buildings; and
15 (6) to coordinate with and assist State-accredited
16 technical training centers, community colleges, Tribal
17 Colleges or Universities, and local offices of the Na-
18 tional Institute of Food and Agriculture and ensure
19 appropriate services are provided under this section
20 to each region of the United States.
21 (b) COORDINATION AND NONDUPLICATION.—
22 (1) IN GENERAL.—The Secretary shall coordi-
23 nate the program with the industrial research and as-
24 sessment centers program under section 457 of the
25 Energy Independence and Security Act of 2007 (as
† HR 3684 EAS
1672
1 added by section 40521(b)) and with other Federal
2 programs to avoid duplication of effort.
3 (2) COLLOCATION.—To the maximum extent
4 practicable, building, training, and assessment centers
5 established under this section shall be collocated with
6 industrial research and assessment centers (as defined
7 in section 40531).
8 (c) AUTHORIZATION OF APPROPRIATIONS.—There is
9 authorized to be appropriated to the Secretary to carry out
10 this section $10,000,000 for fiscal year 2022, to remain
11 available until expended.
12 SEC. 40513. CAREER SKILLS TRAINING.
† HR 3684 EAS
1673
1 (A) experience in implementing and oper-
2 ating worker skills training and education pro-
3 grams;
4 (B) the ability to identify and involve in
5 training programs carried out under this sec-
6 tion, target populations of individuals who
7 would benefit from training and be actively in-
8 volved in activities relating to energy efficiency
9 and renewable energy industries; and
10 (C) the ability to help individuals achieve
11 economic self-sufficiency.
12 (b) ESTABLISHMENT.—The Secretary shall award
13 grants to eligible entities to pay the Federal share of associ-
14 ated career skills training programs under which students
15 concurrently receive classroom instruction and on-the-job
16 training for the purpose of obtaining an industry-related
17 certification to install energy efficient buildings tech-
18 nologies.
19 (c) FEDERAL SHARE.—The Federal share of the cost
20 of carrying out a career skills training program described
21 in subsection (b) shall be 50 percent.
22 (d) AUTHORIZATION OF APPROPRIATIONS.—There is
23 authorized to be appropriated to the Secretary to carry out
24 this section $10,000,000 for fiscal year 2022, to remain
25 available until expended.
† HR 3684 EAS
1674
1 SEC. 40514. COMMERCIAL BUILDING ENERGY CONSUMP-
† HR 3684 EAS
1675
1 (B) the Administrator of the Environmental
2 Protection Agency shall have access to building-
3 specific data collected by the Survey;
4 (2) describe the manner in which the Adminis-
5 trator shall use the data described in paragraph (1)
6 and subsection (d);
7 (3) describe and compare—
8 (A) the methodologies that the Energy Infor-
9 mation Administration, the Environmental Pro-
10 tection Agency, and State and local government
11 managers use to maximize the quality, reli-
12 ability, and integrity of data collected through
13 the Survey, the Portfolio Manager database of
14 the Environmental Protection Agency, and State
15 and local building energy disclosure laws (in-
16 cluding regulations), respectively, and the man-
17 ner in which those methodologies can be im-
18 proved; and
19 (B) consistencies and variations in data for
20 the same buildings captured in—
21 (i)(I) the 2018 Survey cycle; and
22 (II) each subsequent Survey cycle; and
23 (ii) the Portfolio Manager database of
24 the Environmental Protection Agency; and
† HR 3684 EAS
1676
1 (4) consider whether, and the methods by which,
2 the Administrator may collect and publish new
3 iterations of Survey data every 3 years—
4 (A) using the Survey processes of the Ad-
5 ministrator; or
6 (B) as supplemented by information in the
7 Portfolio Manager database of the Environ-
8 mental Protection Agency.
9 (d) DATA.—The data referred in subsection (c)(2) in-
10 cludes data that—
11 (1) is collected through the Portfolio Manager
12 database of the Environmental Protection Agency;
13 (2) is required to be publicly available on the
14 internet under State and local government building
15 energy disclosure laws (including regulations); and
16 (3) includes information on private sector build-
17 ings that are not less than 250,000 square feet.
18 (e) PROTECTION OF INFORMATION.—In carrying out
19 the agreement, the Administrator and the Administrator of
20 the Environmental Protection Agency shall protect infor-
21 mation in accordance with—
22 (1) section 552(b)(4) of title 5, United States
23 Code (commonly known as the ‘‘Freedom of Informa-
24 tion Act’’);
† HR 3684 EAS
1677
1 (2) subchapter III of chapter 35 of title 44,
2 United States Code; and
3 (3) any other applicable law (including regula-
4 tions).
5 Subtitle C—Industrial Energy
6 Efficiency
7 PART I—INDUSTRY
10 TERS.
† HR 3684 EAS
1678
1 (C) by striking subsection (e); and
2 (D) by redesignating subsection (f) as sub-
3 section (e).
4 (2) CONFORMING AMENDMENT.—Section
14 TERS.
† HR 3684 EAS
1679
1 ‘‘(III) cybersecurity; or
2 ‘‘(IV) productivity; or
3 ‘‘(ii) reduces—
4 ‘‘(I) waste production;
5 ‘‘(II) greenhouse gas emissions; or
6 ‘‘(III) nongreenhouse gas pollu-
7 tion.
8 ‘‘(2) ELIGIBLE ENTITY.—The term ‘eligible enti-
9 ty’ means a small- or medium-sized manufacturer
10 that has had an energy assessment completed by—
11 ‘‘(A) an industrial research and assessment
12 center;
13 ‘‘(B) a Department of Energy Combined
14 Heat and Power Technical Assistance Partner-
15 ship jointly with an industrial research and as-
16 sessment center; or
17 ‘‘(C) a third-party assessor that provides an
18 assessment equivalent to an assessment described
19 in subparagraph (A) or (B), as determined by
20 the Secretary.
21 ‘‘(3) ENERGY SERVICE PROVIDER.—The term
22 ‘energy service provider’ means—
23 ‘‘(A) any business providing technology or
24 services to improve the energy efficiency, water
25 efficiency, power factor, or load management of
† HR 3684 EAS
1680
1 a manufacturing site or other industrial process
2 in an energy-intensive industry (as defined in
3 section 452(a)); and
4 ‘‘(B) any utility operating under a utility
5 energy service project.
6 ‘‘(4) INDUSTRIAL RESEARCH AND ASSESSMENT
† HR 3684 EAS
1681
1 ‘‘(B) that has fewer than 500 employees at
2 the plant site of the manufacturing firm; and
3 ‘‘(C) the annual energy bills of which total
4 more than $100,000 but less than $3,500,000.
5 ‘‘(b) INSTITUTION OF HIGHER EDUCATION-BASED IN-
6 DUSTRIAL RESEARCH AND ASSESSMENT CENTERS.—
7 ‘‘(1) IN GENERAL.—The Secretary shall provide
8 funding to institution of higher education-based in-
9 dustrial research and assessment centers.
10 ‘‘(2) PURPOSE.—The purpose of each institution
11 of higher education-based industrial research and as-
12 sessment center shall be—
13 ‘‘(A) to provide in-depth assessments of
14 small- and medium-sized manufacturer plant
15 sites to evaluate the facilities, services, and man-
16 ufacturing operations of the plant sites;
17 ‘‘(B) to identify opportunities for opti-
18 mizing energy efficiency and environmental per-
19 formance, including implementation of—
20 ‘‘(i) smart manufacturing;
21 ‘‘(ii) energy management systems;
22 ‘‘(iii) sustainable manufacturing;
23 ‘‘(iv) information technology advance-
24 ments for supply chain analysis, logistics,
† HR 3684 EAS
1682
1 system monitoring, industrial and manu-
2 facturing processes, and other purposes; and
3 ‘‘(v) waste management systems;
4 ‘‘(C) to promote applications of emerging
5 concepts and technologies in small- and medium-
6 sized manufacturers (including water and waste-
7 water treatment facilities and federally owned
8 manufacturing facilities);
9 ‘‘(D) to promote research and development
10 for the use of alternative energy sources to sup-
11 ply heat, power, and new feedstocks for energy-
12 intensive industries;
13 ‘‘(E) to coordinate with appropriate Fed-
14 eral and State research offices;
15 ‘‘(F) to provide a clearinghouse for indus-
16 trial process and energy efficiency technical as-
17 sistance resources; and
18 ‘‘(G) to coordinate with State-accredited
19 technical training centers and community col-
20 leges, while ensuring appropriate services to all
21 regions of the United States.
22 ‘‘(c) COORDINATION.—To increase the value and capa-
23 bilities of the industrial research and assessment centers,
24 the centers shall—
† HR 3684 EAS
1683
1 ‘‘(1) coordinate with Manufacturing Extension
2 Partnership Centers of the National Institute of
3 Standards and Technology;
4 ‘‘(2) coordinate with the Federal Energy Man-
5 agement Program and the Building Technologies Of-
6 fice of the Department of Energy to provide building
7 assessment services to manufacturers;
8 ‘‘(3) increase partnerships with the National
9 Laboratories of the Department of Energy to leverage
10 the expertise, technologies, and research and develop-
11 ment capabilities of the National Laboratories for na-
12 tional industrial and manufacturing needs;
13 ‘‘(4) increase partnerships with energy service
14 providers and technology providers to leverage private
15 sector expertise and accelerate deployment of new and
16 existing technologies and processes for energy effi-
17 ciency, power factor, and load management;
18 ‘‘(5) identify opportunities for reducing green-
19 house gas emissions and other air emissions; and
20 ‘‘(6) promote sustainable manufacturing prac-
21 tices for small- and medium-sized manufacturers.
22 ‘‘(d) OUTREACH.—The Secretary shall provide funding
23 for—
24 ‘‘(1) outreach activities by the industrial re-
25 search and assessment centers to inform small- and
† HR 3684 EAS
1684
1 medium-sized manufacturers of the information, tech-
2 nologies, and services available; and
3 ‘‘(2) coordination activities by each industrial
4 research and assessment center to leverage efforts
5 with—
6 ‘‘(A) Federal, State, and Tribal efforts;
7 ‘‘(B) the efforts of utilities and energy serv-
8 ice providers;
9 ‘‘(C) the efforts of regional energy efficiency
10 organizations; and
11 ‘‘(D) the efforts of other industrial research
12 and assessment centers.
13 ‘‘(e) CENTERS OF EXCELLENCE.—
14 ‘‘(1) ESTABLISHMENT.—The Secretary shall es-
15 tablish a Center of Excellence at not more than 5 of
16 the highest-performing industrial research and assess-
17 ment centers, as determined by the Secretary.
18 ‘‘(2) DUTIES.—A Center of Excellence shall co-
19 ordinate with and advise the industrial research and
20 assessment centers located in the region of the Center
21 of Excellence, including—
22 ‘‘(A) by mentoring new directors and staff
23 of the industrial research and assessment centers
24 with respect to—
25 ‘‘(i) the availability of resources; and
† HR 3684 EAS
1685
1 ‘‘(ii) best practices for carrying out as-
2 sessments, including through the participa-
3 tion of the staff of the Center of Excellence
4 in assessments carried out by new indus-
5 trial research and assessment centers;
6 ‘‘(B) by providing training to staff and stu-
7 dents at the industrial research and assessment
8 centers on new technologies, practices, and tools
9 to expand the scope and impact of the assess-
10 ments carried out by the centers;
11 ‘‘(C) by assisting the industrial research
12 and assessment centers with specialized technical
13 opportunities, including by providing a clearing-
14 house of available expertise and tools to assist the
15 centers and clients of the centers in assessing and
16 implementing those opportunities;
17 ‘‘(D) by identifying and coordinating with
18 regional, State, local, Tribal, and utility energy
19 efficiency programs for the purpose of facili-
20 tating efforts by industrial research and assess-
21 ment centers to connect industrial facilities re-
22 ceiving assessments from those centers with re-
23 gional, State, local, and utility energy efficiency
24 programs that could aid the industrial facilities
† HR 3684 EAS
1686
1 in implementing any recommendations resulting
2 from the assessments;
3 ‘‘(E) by facilitating coordination between
4 the industrial research and assessment centers
5 and other Federal programs described in para-
6 graphs (1) through (3) of subsection (c); and
7 ‘‘(F) by coordinating the outreach activities
8 of the industrial research and assessment centers
9 under subsection (d)(1).
10 ‘‘(3) FUNDING.—For each fiscal year, out of any
11 amounts made available to carry out this section
12 under subsection (j), the Secretary shall use not less
13 than $500,000 to support each Center of Excellence.
14 ‘‘(f) EXPANSION OF INDUSTRIAL RESEARCH AND AS -
15 SESSMENT CENTERS.—
16 ‘‘(1) IN GENERAL.—The Secretary shall provide
17 funding to establish additional industrial research
18 and assessment centers at trade schools, community
19 colleges, and union training programs.
20 ‘‘(2) PURPOSE.—
21 ‘‘(A) IN GENERAL.—Subject to subpara-
22 graph (B), to the maximum extent practicable,
23 an industrial research and assessment center es-
24 tablished under paragraph (1) shall have the
25 same purpose as an institution of higher edu-
† HR 3684 EAS
1687
1 cation-based industrial research center that is
2 funded by the Secretary under subsection (b)(1).
3 ‘‘(B) CONSIDERATION OF CAPABILITIES.—
† HR 3684 EAS
1688
1 and assessment center work with or for an in-
2 dustrial research and assessment center to gain
3 knowledge on engineering practices and processes
4 to improve productivity and energy savings.
5 ‘‘(3) FEDERAL SHARE.—The Federal share of the
6 cost of carrying out internship programs described in
7 paragraph (1) and apprenticeship programs described
8 in paragraph (2) shall be 50 percent.
9 ‘‘(h) SMALL BUSINESS LOANS.—The Administrator of
10 the Small Business Administration shall, to the maximum
11 extent practicable, expedite consideration of applications
12 from eligible small business concerns for loans under the
13 Small Business Act (15 U.S.C. 631 et seq.) to implement
14 recommendations developed by the industrial research and
15 assessment centers.
16 ‘‘(i) IMPLEMENTATION GRANTS.—
17 ‘‘(1) IN GENERAL.—The Secretary shall establish
18 a program under which the Secretary shall provide
19 grants to eligible entities to implement covered
20 projects.
21 ‘‘(2) APPLICATION.—An eligible entity seeking a
22 grant under the Program shall submit to the Sec-
23 retary an application at such time, in such manner,
24 and containing such information as the Secretary
25 may require, including a demonstration of need for
† HR 3684 EAS
1689
1 financial assistance to implement the proposed cov-
2 ered project.
3 ‘‘(3) PRIORITY.—In awarding grants under the
4 Program, the Secretary shall give priority to eligible
5 entities that—
6 ‘‘(A) have had an energy assessment com-
7 pleted by an industrial research and assessment
8 center; and
9 ‘‘(B) propose to carry out a covered project
10 with a greater potential for—
11 ‘‘(i) energy efficiency gains; or
12 ‘‘(ii) greenhouse gas emissions reduc-
13 tions.
14 ‘‘(4) GRANT AMOUNT.—
† HR 3684 EAS
1690
1 funds available to the eligible entity to carry out
2 the covered project.
3 ‘‘(j) AUTHORIZATION OF APPROPRIATIONS.—There are
4 authorized to be appropriated to the Secretary for the pe-
5 riod of fiscal years 2022 through 2026—
6 ‘‘(1) $150,000,000 to carry out subsections (a)
7 through (h); and
8 ‘‘(2) $400,000,000 to carry out subsection (i).’’.
9 (c) CLERICAL AMENDMENT.—The table of contents of
10 the Energy Independence and Security Act of 2007 (42
11 U.S.C. prec. 17001) is amended by adding at the end of
12 the items relating to subtitle D of title IV the following:
‘‘Sec. 457. Industrial research and assessment centers.’’.
† HR 3684 EAS
1692
1 program to research, develop, and demonstrate new sustain-
2 able manufacturing and industrial technologies and proc-
3 esses that maximize the energy efficiency of industrial
4 plants, reduce pollution, and conserve natural resources.’’.
5 (b) CLERICAL AMENDMENT.—The table of contents of
6 the Energy Policy and Conservation Act (42 U.S.C. prec.
7 6201) is amended by adding at the end of the items relating
8 to part E of title III the following:
‘‘376. Sustainable manufacturing initiative.’’.
11 In this part:
12 (1) ENERGY MANAGEMENT SYSTEM.—The term
13 ‘‘energy management system’’ means a business man-
14 agement process based on standards of the American
15 National Standards Institute that enables an organi-
16 zation to follow a systematic approach in achieving
17 continual improvement of energy performance, in-
18 cluding energy efficiency, security, use, and consump-
19 tion.
20 (2) INDUSTRIAL RESEARCH AND ASSESSMENT
† HR 3684 EAS
1694
1 lishments for the purpose of collecting, analyzing, and
2 publishing statistical data relating to the business
3 economy of the United States.
4 (6) SMALL AND MEDIUM MANUFACTURERS.—The
† HR 3684 EAS
1695
1 (iii) monitor and communicate pro-
2 duction line status; and
3 (iv) manage and optimize energy pro-
4 ductivity and cost throughout production;
5 (B) model, simulate, and optimize the en-
6 ergy efficiency of a factory building;
7 (C) monitor and optimize building energy
8 performance;
9 (D) model, simulate, and optimize the de-
10 sign of energy efficient and sustainable products,
11 including the use of digital prototyping and ad-
12 ditive manufacturing to enhance product design;
13 (E) connect manufactured products in net-
14 works to monitor and optimize the performance
15 of the networks, including automated network
16 operations; and
17 (F) digitally connect the supply chain net-
18 work.
19 SEC. 40532. LEVERAGING EXISTING AGENCY PROGRAMS TO
21 ERS.
† HR 3684 EAS
1696
1 (1) to include smart manufacturing technologies
2 and practices; and
3 (2) to equip the directors of the industrial re-
4 search and assessment centers with the training and
5 tools necessary to provide technical assistance in
6 smart manufacturing technologies and practices, in-
7 cluding energy management systems, to manufactur-
8 ers.
9 SEC. 40533. LEVERAGING SMART MANUFACTURING INFRA-
11 (a) STUDY.—
12 (1) IN GENERAL.—Not later than 180 days after
13 the date of enactment of this Act, the Secretary shall
14 conduct a study on how the Department can increase
15 access to existing high-performance computing re-
16 sources in the National Laboratories, particularly for
17 small and medium manufacturers.
18 (2) INCLUSIONS.—In identifying ways to in-
19 crease access to National Laboratories under para-
20 graph (1), the Secretary shall—
21 (A) focus on increasing access to the com-
22 puting facilities of the National Laboratories;
23 and
24 (B) ensure that—
† HR 3684 EAS
1697
1 (i) the information from the manufac-
2 turer is protected; and
3 (ii) the security of the National Lab-
4 oratory facility is maintained.
5 (3) REPORT.—Not later than 1 year after the
6 date of enactment of this Act, the Secretary shall sub-
7 mit to Congress a report describing the results of the
8 study.
9 (b) ACTIONS FOR INCREASED ACCESS.—The Secretary
10 shall facilitate access to the National Laboratories studied
11 under subsection (a) for small and medium manufacturers
12 so that small and medium manufacturers can fully use the
13 high-performance computing resources of the National Lab-
14 oratories to enhance the manufacturing competitiveness of
15 the United States.
16 SEC. 40534. STATE MANUFACTURING LEADERSHIP.
† HR 3684 EAS
1698
1 manner, and containing such information as the Sec-
2 retary may require.
3 (2) CRITERIA.—The Secretary shall evaluate an
4 application for financial assistance under this section
5 on the basis of merit using criteria identified by the
6 Secretary, including—
7 (A) technical merit, innovation, and im-
8 pact;
9 (B) research approach, workplan, and
10 deliverables;
11 (C) academic and private sector partners;
12 and
13 (D) alternate sources of funding.
14 (c) REQUIREMENTS.—
15 (1) TERM.—The term of an award of financial
16 assistance under this section shall not exceed 3 years.
17 (2) MAXIMUM AMOUNT.—The amount of an
18 award of financial assistance under this section shall
19 be not more than $2,000,000.
20 (3) MATCHING REQUIREMENT.—Each State that
21 receives financial assistance under this section shall
22 contribute matching funds in an amount equal to not
23 less than 30 percent of the amount of the financial as-
24 sistance.
† HR 3684 EAS
1699
1 (d) USE OF FUNDS.—A State may use financial as-
2 sistance provided under this section—
3 (1) to facilitate access to high-performance com-
4 puting resources for small and medium manufactur-
5 ers; and
6 (2) to provide assistance to small and medium
7 manufacturers to implement smart manufacturing
8 technologies and practices.
9 (e) EVALUATION.—The Secretary shall conduct semi-
10 annual evaluations of each award of financial assistance
11 under this section—
12 (1) to determine the impact and effectiveness of
13 programs funded with the financial assistance; and
14 (2) to provide guidance to States on ways to bet-
15 ter execute the program of the State.
16 (f) AUTHORIZATION OF APPROPRIATIONS.—There is
17 authorized to be appropriated to the Secretary to carry out
18 this section $50,000,000 for the period of fiscal years 2022
19 through 2026.
20 SEC. 40535. REPORT.
† HR 3684 EAS
1700
1 Subtitle D—Schools and Nonprofits
2 SEC. 40541. GRANTS FOR ENERGY EFFICIENCY IMPROVE-
† HR 3684 EAS
1701
1 (iv) community partners that have the
2 knowledge and capacity to partner and as-
3 sist with energy improvements.
4 (4) ENERGY IMPROVEMENT.—The term ‘‘energy
5 improvement’’ means—
6 (A) any improvement, repair, or renovation
7 to a school that results in a direct reduction in
8 school energy costs, including improvements to
9 the envelope, air conditioning system, ventilation
10 system, heating system, domestic hot water heat-
11 ing system, compressed air system, distribution
12 system, lighting system, power system, and con-
13 trols of a building;
14 (B) any improvement, repair, or renovation
15 to, or installation in, a school that—
16 (i) leads to an improvement in teacher
17 and student health, including indoor air
18 quality; and
19 (ii) achieves energy savings;
20 (C) any improvement, repair, or renovation
21 to a school involving the installation of renew-
22 able energy technologies;
23 (D) the installation of alternative fueled ve-
24 hicle infrastructure on school grounds for—
† HR 3684 EAS
1702
1 (i) exclusive use of school buses, school
2 fleets, or students; or
3 (ii) the general public; and
4 (E) the purchase or lease of alternative
5 fueled vehicles to be used by a school, including
6 school buses, fleet vehicles, and other operational
7 vehicles.
8 (5) HIGH SCHOOL.—The term ‘‘high school’’ has
9 the meaning given the term in section 8101 of the El-
10 ementary and Secondary Education Act of 1965 (20
11 U.S.C. 7801).
12 (6) LOCAL EDUCATIONAL AGENCY.—The term
13 ‘‘local educational agency’’ has the meaning given the
14 term in section 8101 of the Elementary and Sec-
15 ondary Education Act of 1965 (20 U.S.C. 7801).
16 (7) NONPROFIT ORGANIZATION.—The term ‘‘non-
17 profit organization’’ means—
18 (A) an organization described in section
19 501(c)(3) of the Internal Revenue Code of 1986
20 and exempt from tax under section 501(a) of
21 such Code; or
22 (B) a mutual or cooperative electric com-
23 pany described in section 501(c)(12) of such
24 Code.
† HR 3684 EAS
1703
1 (8) PARTNERING LOCAL EDUCATIONAL AGEN-
† HR 3684 EAS
1704
1 (C) A description of the energy improve-
2 ments that the eligible entity would carry out at
3 the school if the application were approved.
4 (D) A description of the capacity of the eli-
5 gible entity to provide services and comprehen-
6 sive support to make the energy improvements
7 referred to in subparagraph (C).
8 (E) An assessment of the expected needs of
9 the eligible entity for operation and maintenance
10 training funds, and a plan for use of those
11 funds, if applicable.
12 (F) An assessment of the expected energy ef-
13 ficiency, energy savings, and safety benefits of
14 the energy improvements.
15 (G) A cost estimate of the proposed energy
16 improvements.
17 (H) An identification of other resources that
18 are available to carry out the activities for which
19 grant funds are requested under this section, in-
20 cluding the availability of utility programs and
21 public benefit funds.
22 (d) PRIORITY.—
23 (1) IN GENERAL.—In awarding grants under
24 this section, the Secretary shall give priority to an el-
25 igible entity—
† HR 3684 EAS
1705
1 (A) that has renovation, repair, and im-
2 provement funding needs;
3 (B)(i) that, as determined by the Secretary,
4 serves a high percentage of students, including
5 students in a high school in accordance with
6 paragraph (2), who are eligible for a free or re-
7 duced price lunch under the Richard B. Russell
8 National School Lunch Act (42 U.S.C. 1751 et
9 seq.); or
10 (ii) the partnering local educational agency
11 of which is designated with a school district lo-
12 cale code of 41, 42, or 43, as determined by the
13 National Center for Education Statistics in con-
14 sultation with the Bureau of the Census; and
15 (C) that leverages private sector investment
16 through energy-related performance contracting.
17 (2) HIGH SCHOOL STUDENTS.—In the case of
18 students in a high school, the percentage of students
19 eligible for a free or reduced price lunch described in
20 paragraph (1)(B)(i) shall be calculated using data
21 from the schools that feed into the high school.
22 (e) COMPETITIVE CRITERIA.—The competitive criteria
23 used by the Secretary to award grants under this section
24 shall include the following:
† HR 3684 EAS
1706
1 (1) The extent of the disparity between the fiscal
2 capacity of the eligible entity to carry out energy im-
3 provements at school facilities and the needs of the
4 partnering local educational agency for those energy
5 improvements, including consideration of—
6 (A) the current and historic ability of the
7 partnering local educational agency to raise
8 funds for construction, renovation, moderniza-
9 tion, and major repair projects for schools;
10 (B) the ability of the partnering local edu-
11 cational agency to issue bonds or receive other
12 funds to support the current infrastructure needs
13 of the partnering local educational agency for
14 schools; and
15 (C) the bond rating of the partnering local
16 educational agency.
17 (2) The likelihood that the partnering local edu-
18 cational agency or eligible entity will maintain, in
19 good condition, any school and school facility that is
20 the subject of improvements.
21 (3) The potential energy efficiency and safety
22 benefits from the proposed energy improvements.
23 (f) USE OF GRANT AMOUNTS.—
24 (1) IN GENERAL.—Except as provided in this
25 subsection, an eligible entity receiving a grant under
† HR 3684 EAS
1707
1 this section shall use the grant amounts only to make
2 the energy improvements described in the application
3 submitted by the eligible entity under subsection (c).
4 (2) OPERATION AND MAINTENANCE TRAINING.—
† HR 3684 EAS
1708
1 eligible entity shall be required to ensure that the contract
2 process—
3 (1) through full and open competition, ensures
4 the maximum practicable number of qualified bid-
5 ders, including small, minority, and women-owned
6 businesses; and
7 (2) gives priority to businesses located in, or re-
8 sources common to, the State or geographical area in
9 which the repair or renovation under the contract
10 will be carried out.
11 (h) BEST PRACTICES.—The Secretary shall develop
12 and publish guidelines and best practices for activities car-
13 ried out under this section.
14 (i) REPORT BY ELIGIBLE ENTITY.—An eligible entity
15 receiving a grant under this section shall submit to the Sec-
16 retary, at such time as the Secretary may require, a report
17 describing—
18 (1) the use of the grant funds for energy im-
19 provements;
20 (2) the estimated cost savings realized by those
21 energy improvements;
22 (3) the results of any third-party investigation
23 and analysis conducted relating to those energy im-
24 provements;
† HR 3684 EAS
1709
1 (4) the use of any utility programs and public
2 benefit funds; and
3 (5) the use of performance tracking for energy
4 improvements, such as—
5 (A) the Energy Star program established
6 under section 324A of the Energy Policy and
7 Conservation Act (42 U.S.C. 6294a); or
8 (B) the United States Green Building
9 Council Leadership in Energy and Environ-
10 mental Design (LEED) green building rating
11 system for existing buildings.
12 (j) AUTHORIZATION OF APPROPRIATIONS.—There is
13 authorized to be appropriated to the Secretary to carry out
14 this section $500,000,000 for the period of fiscal years 2022
15 through 2026.
16 SEC. 40542. ENERGY EFFICIENCY MATERIALS PILOT PRO-
17 GRAM.
† HR 3684 EAS
1710
1 of which results in a reduction in use by a non-
2 profit organization of energy or fuel.
3 (B) INCLUSIONS.—The term ‘‘energy-effi-
4 ciency material’’ includes—
5 (i) a roof or lighting system or compo-
6 nent of the system;
7 (ii) a window;
8 (iii) a door, including a security door;
9 and
10 (iv) a heating, ventilation, or air con-
11 ditioning system or component of the system
12 (including insulation and wiring and
13 plumbing improvements needed to serve a
14 more efficient system).
15 (3) NONPROFIT BUILDING.—The term ‘‘nonprofit
16 building’’ means a building operated and owned by
17 an organization that is described in section 501(c)(3)
18 of the Internal Revenue Code of 1986 and exempt
19 from tax under section 501(a) of such Code.
20 (b) ESTABLISHMENT.—Not later than 1 year after the
21 date of enactment of this Act, the Secretary shall establish
22 a pilot program to award grants for the purpose of pro-
23 viding nonprofit buildings with energy-efficiency materials.
24 (c) GRANTS.—
† HR 3684 EAS
1711
1 (1) IN GENERAL.—The Secretary may award
2 grants under the program established under sub-
3 section (b).
4 (2) APPLICATION.—The Secretary may award a
5 grant under paragraph (1) if an applicant submits to
6 the Secretary an application at such time, in such
7 form, and containing such information as the Sec-
8 retary may prescribe.
9 (3) CRITERIA FOR GRANT.—In determining
10 whether to award a grant under paragraph (1), the
11 Secretary shall apply performance-based criteria,
12 which shall give priority to applicants based on—
13 (A) the energy savings achieved;
14 (B) the cost effectiveness of the use of en-
15 ergy-efficiency materials;
16 (C) an effective plan for evaluation, meas-
17 urement, and verification of energy savings; and
18 (D) the financial need of the applicant.
19 (4) LIMITATION ON INDIVIDUAL GRANT
† HR 3684 EAS
1712
1 Subtitle E—Miscellaneous
2 SEC. 40551. WEATHERIZATION ASSISTANCE PROGRAM.
† HR 3684 EAS
1713
1 (2) by redesignating paragraph (14) as para-
2 graph (15); and
3 (3) by inserting after paragraph (13) the fol-
4 lowing:
5 ‘‘(14) programs for financing energy efficiency,
6 renewable energy, and zero-emission transportation
7 (and associated infrastructure), capital investments,
8 projects, and programs, which may include loan pro-
9 grams and performance contracting programs, for
10 leveraging of additional public and private sector
11 funds, and programs that allow rebates, grants, or
12 other incentives for the purchase and installation of
13 energy efficiency, renewable energy, and zero-emission
14 transportation (and associated infrastructure) meas-
15 ures; and’’.
16 (b) AUTHORIZATION OF APPROPRIATIONS.—There is
17 authorized to be appropriated to the Secretary for the En-
18 ergy Efficiency and Conservation Block Grant Program es-
19 tablished under section 542(a) of the Energy Independence
20 and Security Act of 2007 (42 U.S.C. 17152(a))
21 $550,000,000 for fiscal year 2022, to remain available until
22 expended.
† HR 3684 EAS
1714
1 SEC. 40553. SURVEY, ANALYSIS, AND REPORT ON EMPLOY-
† HR 3684 EAS
1716
1 (B) uses a representative, stratified sam-
2 pling of businesses in the United States; and
3 (C) is designed to elicit a comparable num-
4 ber of responses from businesses in each State
5 and with the same North American Industry
6 Classification System codes as were received for
7 the 2016 and 2017 reports entitled ‘‘U.S. Energy
8 and Employment Report’’.
9 (3) CONSULTATION.—In conducting the survey
10 and analysis under paragraph (1), the Council shall
11 consult with key stakeholders, including—
12 (A) as the Council determines to be appro-
13 priate, the heads of relevant Federal agencies
14 and offices, including—
15 (i) the Secretary of Commerce;
16 (ii) the Secretary of Transportation;
17 (iii) the Director of the Bureau of the
18 Census;
19 (iv) the Commissioner of the Bureau of
20 Labor Statistics; and
21 (v) the Administrator of the Environ-
22 mental Protection Agency;
23 (B) States;
† HR 3684 EAS
1717
1 (C) the State Energy Advisory Board estab-
2 lished by section 365(g) of the Energy Policy and
3 Conservation Act (42 U.S.C. 6325(g)); and
4 (D) energy industry trade associations.
5 (c) REPORT.—
6 (1) IN GENERAL.—Not later than 1 year after
7 the date of enactment of this Act, and annually there-
8 after, the Secretary shall—
9 (A) make publicly available on the website
10 of the Department a report, to be entitled the
11 ‘‘U.S. Energy and Employment Report’’, de-
12 scribing the employment figures and demo-
13 graphics in the energy, energy efficiency, and
14 motor vehicle sectors of the United States, and
15 the average number of hours devoted to regu-
16 latory compliance, based on the survey and anal-
17 ysis conducted under subsection (b); and
18 (B) subject to the requirements of sub-
19 chapter III of chapter 35 of title 44, United
20 States Code, make the data collected by the
21 Council publicly available on the website of the
22 Department.
23 (2) CONTENTS.—
† HR 3684 EAS
1718
1 (A) IN GENERAL.—The report under para-
2 graph (1) shall include employment figures and
3 demographic data for—
4 (i) the energy sector of the economy of
5 the United States, including—
6 (I) the electric power generation
7 and fuels sector; and
8 (II) the transmission, storage, and
9 distribution sector;
10 (ii) the energy efficiency sector of the
11 economy of the United States; and
12 (iii) the motor vehicle sector of the
13 economy of the United States.
14 (B) INCLUSION.—With respect to each sector
15 described in subparagraph (A), the report under
16 paragraph (1) shall include employment figures
17 and demographic data sorted by—
18 (i) each technology, subtechnology, and
19 fuel type of those sectors; and
20 (ii) subject to the requirements of the
21 Confidential Information Protection and
22 Statistical Efficiency Act of 2002 (44
23 U.S.C. 3501 note; Public Law 107–347)—
24 (I) each State;
† HR 3684 EAS
1719
1 (II) each territory of the United
2 States;
3 (III) the District of Columbia;
4 and
5 (IV) each county (or equivalent
6 jurisdiction) in the United States.
7 SEC. 40554. ASSISTING FEDERAL FACILITIES WITH ENERGY
9 GRAM.
† HR 3684 EAS
1720
1 SEC. 40556. MODEL GUIDANCE FOR COMBINED HEAT AND
3 POWER SYSTEMS.
† HR 3684 EAS
1721
1 Energy Policy and Conservation Act (42 U.S.C.
2 6341).
3 (b) REVIEW.—
4 (1) IN GENERAL.—Not later than 180 days after
5 the date of enactment of this Act, the Secretary, in
6 consultation with the Federal Energy Regulatory
7 Commission and other appropriate entities, shall re-
8 view existing rules and procedures relating to inter-
9 connection service and additional services throughout
10 the United States for electric generation with name-
11 plate capacity up to 150 megawatts connecting at ei-
12 ther distribution or transmission voltage levels to
13 identify barriers to the deployment of combined heat
14 and power systems and waste heat to power systems.
15 (2) INCLUSION.—The review under this sub-
16 section shall include a review of existing rules and
17 procedures relating to—
18 (A) determining and assigning costs of
19 interconnection service and additional services;
20 and
21 (B) ensuring adequate cost recovery by an
22 electric utility for interconnection service and
23 additional services.
24 (c) MODEL GUIDANCE.—
† HR 3684 EAS
1722
1 (1) IN GENERAL.—Not later than 18 months
2 after the date of enactment of this Act, the Secretary,
3 in consultation with the Federal Energy Regulatory
4 Commission and other appropriate entities, shall
5 issue model guidance for interconnection service and
6 additional services for consideration by State regu-
7 latory authorities and nonregulated electric utilities
8 to reduce the barriers identified under subsection
9 (b)(1).
10 (2) CURRENT BEST PRACTICES.—The model
11 guidance issued under this subsection shall reflect, to
12 the maximum extent practicable, current best prac-
13 tices to encourage the deployment of combined heat
14 and power systems and waste heat to power systems
15 while ensuring the safety and reliability of the inter-
16 connected units and the distribution and trans-
17 mission networks to which the units connect, includ-
18 ing—
19 (A) relevant current standards developed by
20 the Institute of Electrical and Electronic Engi-
21 neers; and
22 (B) model codes and rules adopted by—
23 (i) States; or
24 (ii) associations of State regulatory
25 agencies.
† HR 3684 EAS
1723
1 (3) FACTORS FOR CONSIDERATION.—In estab-
2 lishing the model guidance under this subsection, the
3 Secretary shall take into consideration—
4 (A) the appropriateness of using standards
5 or procedures for interconnection service that
6 vary based on unit size, fuel type, or other rel-
7 evant characteristics;
8 (B) the appropriateness of establishing fast-
9 track procedures for interconnection service;
10 (C) the value of consistency with Federal
11 interconnection rules established by the Federal
12 Energy Regulatory Commission as of the date of
13 enactment of this Act;
14 (D) the best practices used to model outage
15 assumptions and contingencies to determine fees
16 or rates for additional services;
17 (E) the appropriate duration, magnitude,
18 or usage of demand charge ratchets;
19 (F) potential alternative arrangements with
20 respect to the procurement of additional services,
21 including—
22 (i) contracts tailored to individual
23 electric consumers for additional services;
† HR 3684 EAS
1724
1 (ii) procurement of additional services
2 by an electric utility from a competitive
3 market; and
4 (iii) waivers of fees or rates for addi-
5 tional services for small electric consumers;
6 and
7 (G) outcomes such as increased electric reli-
8 ability, fuel diversification, enhanced power
9 quality, and reduced electric losses that may re-
10 sult from increased use of combined heat and
11 power systems and waste heat to power systems.
12 TITLE VI—METHANE REDUCTION
13 INFRASTRUCTURE
14 SEC. 40601. ORPHANED WELL SITE PLUGGING, REMEDI-
† HR 3684 EAS
1725
1 ‘‘(2) IDLED WELL.—The term ‘idled well’ means
2 a well—
3 ‘‘(A) that has been nonoperational for not
4 fewer than 4 years; and
5 ‘‘(B) for which there is no anticipated bene-
6 ficial future use.
7 ‘‘(3) INDIAN TRIBE.—The term ‘Indian Tribe’
8 has the meaning given the term in section 4 of the In-
9 dian Self-Determination and Education Assistance
10 Act (25 U.S.C. 5304).
11 ‘‘(4) OPERATOR.—The term ‘operator’, with re-
12 spect to an oil or gas operation, means any entity,
13 including a lessee or operating rights owner, that has
14 provided to a relevant authority a written statement
15 that the entity is responsible for the oil or gas oper-
16 ation, or any portion of the operation.
17 ‘‘(5) ORPHANED WELL.—The term ‘orphaned
18 well’—
19 ‘‘(A) with respect to Federal land or Tribal
20 land, means a well—
21 ‘‘(i)(I) that is not used for an author-
22 ized purpose, such as production, injection,
23 or monitoring; and
24 ‘‘(II)(aa) for which no operator can be
25 located;
† HR 3684 EAS
1726
1 ‘‘(bb) the operator of which is unable—
2 ‘‘(AA) to plug the well; and
3 ‘‘(BB) to remediate and reclaim
4 the well site; or
5 ‘‘(cc) that is within the National Petro-
6 leum Reserve–Alaska; and
7 ‘‘(B) with respect to State or private land—
8 ‘‘(i) has the meaning given the term by
9 the applicable State; or
10 ‘‘(ii) if that State uses different termi-
11 nology, has the meaning given another term
12 used by the State to describe a well eligible
13 for plugging, remediation, and reclamation
14 by the State.
15 ‘‘(6) TRIBAL LAND.—The term ‘Tribal land’
16 means any land or interest in land owned by an In-
17 dian Tribe, the title to which is—
18 ‘‘(A) held in trust by the United States; or
19 ‘‘(B) subject to a restriction against alien-
20 ation under Federal law.
21 ‘‘(b) FEDERAL PROGRAM.—
22 ‘‘(1) ESTABLISHMENT.—Not later than 60 days
23 after the date of enactment of the Infrastructure In-
24 vestment and Jobs Act, the Secretary shall establish
† HR 3684 EAS
1727
1 a program to plug, remediate, and reclaim orphaned
2 wells located on Federal land.
3 ‘‘(2) INCLUDED ACTIVITIES.—The program
4 under this subsection shall—
5 ‘‘(A) include a method of—
6 ‘‘(i) identifying, characterizing, and
7 inventorying orphaned wells and associated
8 pipelines, facilities, and infrastructure on
9 Federal land; and
10 ‘‘(ii) ranking those orphaned wells for
11 priority in plugging, remediation, and rec-
12 lamation, based on—
13 ‘‘(I) public health and safety;
14 ‘‘(II) potential environmental
15 harm; and
16 ‘‘(III) other subsurface impacts or
17 land use priorities;
18 ‘‘(B) distribute funding in accordance with
19 the priorities established under subparagraph
20 (A)(ii) for—
21 ‘‘(i) plugging orphaned wells;
22 ‘‘(ii) remediating and reclaiming well
23 pads and facilities associated with orphaned
24 wells;
† HR 3684 EAS
1728
1 ‘‘(iii) remediating soil and restoring
2 native species habitat that has been de-
3 graded due to the presence of orphaned wells
4 and associated pipelines, facilities, and in-
5 frastructure; and
6 ‘‘(iv) remediating land adjacent to or-
7 phaned wells and decommissioning or re-
8 moving associated pipelines, facilities, and
9 infrastructure;
10 ‘‘(C) provide a public accounting of the
11 costs of plugging, remediation, and reclamation
12 for each orphaned well;
13 ‘‘(D) seek to determine the identities of po-
14 tentially responsible parties associated with the
15 orphaned well (or a surety or guarantor of such
16 a party), to the extent such information can be
17 ascertained, and make efforts to obtain reim-
18 bursement for expenditures to the extent prac-
19 ticable;
20 ‘‘(E) measure or estimate and track—
21 ‘‘(i) emissions of methane and other
22 gases associated with orphaned wells; and
23 ‘‘(ii) contamination of groundwater or
24 surface water associated with orphaned
25 wells; and
† HR 3684 EAS
1729
1 ‘‘(F) identify and address any dispropor-
2 tionate burden of adverse human health or envi-
3 ronmental effects of orphaned wells on commu-
4 nities of color, low-income communities, and
5 Tribal and indigenous communities.
6 ‘‘(3) IDLED WELLS.—The Secretary, acting
7 through the Director of the Bureau of Land Manage-
8 ment, shall—
9 ‘‘(A) periodically review all idled wells on
10 Federal land; and
11 ‘‘(B) reduce the inventory of idled wells on
12 Federal land.
13 ‘‘(4) COOPERATION AND CONSULTATION.—In car-
14 rying out the program under this subsection, the Sec-
15 retary shall—
16 ‘‘(A) work cooperatively with—
17 ‘‘(i) the Secretary of Agriculture;
18 ‘‘(ii) affected Indian Tribes; and
19 ‘‘(iii) each State within which Federal
20 land is located; and
21 ‘‘(B) consult with—
22 ‘‘(i) the Secretary of Energy; and
23 ‘‘(ii) the Interstate Oil and Gas Com-
24 pact Commission.
25 ‘‘(c) FUNDING FOR STATE PROGRAMS.—
† HR 3684 EAS
1730
1 ‘‘(1) IN GENERAL.—The Secretary shall provide
2 to States, in accordance with this subsection—
3 ‘‘(A) initial grants under paragraph (3);
4 ‘‘(B) formula grants under paragraph (4);
5 and
6 ‘‘(C) performance grants under paragraph
7 (5).
8 ‘‘(2) ACTIVITIES.—
9 ‘‘(A) IN GENERAL.—A State may use fund-
10 ing provided under this subsection for any of the
11 following purposes:
12 ‘‘(i) To plug, remediate, and reclaim
13 orphaned wells located on State-owned or
14 privately owned land.
15 ‘‘(ii) To identify and characterize un-
16 documented orphaned wells on State and
17 private land.
18 ‘‘(iii) To rank orphaned wells based on
19 factors including—
20 ‘‘(I) public health and safety;
21 ‘‘(II) potential environmental
22 harm; and
23 ‘‘(III) other land use priorities.
† HR 3684 EAS
1731
1 ‘‘(iv) To make information regarding
2 the use of funds received under this sub-
3 section available on a public website.
4 ‘‘(v) To measure and track—
5 ‘‘(I) emissions of methane and
6 other gases associated with orphaned
7 wells; and
8 ‘‘(II) contamination of ground-
9 water or surface water associated with
10 orphaned wells.
11 ‘‘(vi) To remediate soil and restore na-
12 tive species habitat that has been degraded
13 due to the presence of orphaned wells and
14 associated pipelines, facilities, and infra-
15 structure.
16 ‘‘(vii) To remediate land adjacent to
17 orphaned wells and decommission or remove
18 associated pipelines, facilities, and infra-
19 structure.
20 ‘‘(viii) To identify and address any
21 disproportionate burden of adverse human
22 health or environmental effects of orphaned
23 wells on communities of color, low-income
24 communities, and Tribal and indigenous
25 communities.
† HR 3684 EAS
1732
1 ‘‘(ix) Subject to subparagraph (B), to
2 administer a program to carry out any ac-
3 tivities described in clauses (i) through
4 (viii).
5 ‘‘(B) ADMINISTRATIVE COST LIMITATION.—
† HR 3684 EAS
1733
1 ‘‘(I) an estimate of the number of
2 jobs that will be created or saved
3 through the activities proposed to be
4 funded; and
5 ‘‘(II) a certification that—
6 ‘‘(aa) the State is a Member
7 State or Associate Member State
8 of the Interstate Oil and Gas
9 Compact Commission;
10 ‘‘(bb) there are 1 or more
11 documented orphaned wells lo-
12 cated in the State; and
13 ‘‘(cc) the State will use not
14 less than 90 percent of the fund-
15 ing requested under this sub-
16 section to issue new contracts,
17 amend existing contracts, or issue
18 grants for plugging, remediation,
19 and reclamation work by not later
20 than 90 days after the date of re-
21 ceipt of the funds; and
22 ‘‘(ii) not more than $5,000,000 to each
23 State that—
24 ‘‘(I) requests funding under this
25 clause;
† HR 3684 EAS
1734
1 ‘‘(II) does not receive a grant
2 under clause (i); and
3 ‘‘(III) certifies to the Secretary
4 that—
5 ‘‘(aa) the State—
6 ‘‘(AA) has in effect a
7 plugging, remediation, and
8 reclamation program for or-
9 phaned wells; or
10 ‘‘(BB) the capacity to
11 initiate such a program; or
12 ‘‘(bb) the funds provided
13 under this paragraph will be used
14 to carry out any administrative
15 actions necessary to develop an
16 application for a formula grant
17 under paragraph (4) or a per-
18 formance grant under paragraph
19 (5).
20 ‘‘(B) DISTRIBUTION.—Subject to the avail-
21 ability of appropriations, the Secretary shall dis-
22 tribute funds to a State under this paragraph by
23 not later than the date that is 30 days after the
24 date on which the State submits to the Secretary
† HR 3684 EAS
1735
1 the certification required under clause (i)(II) or
2 (ii)(III) of subparagraph (A), as applicable.
3 ‘‘(C) DEADLINE FOR EXPENDITURE.—A
17 ‘‘(A) ESTABLISHMENT.—
18 ‘‘(i) IN GENERAL.—The Secretary shall
19 establish a formula for the distribution to
20 each State described in clause (ii) of funds
21 under this paragraph.
22 ‘‘(ii) DESCRIPTION OF STATES.—A
† HR 3684 EAS
1736
1 vestment and Jobs Act, submits to the Sec-
2 retary a notice of the intent of the State to
3 submit an application under subparagraph
4 (B), including a description of the factors
5 described in clause (iii) with respect to the
6 State.
7 ‘‘(iii) FACTORS.—The formula estab-
8 lished under clause (i) shall account for,
9 with respect to an applicant State, the fol-
10 lowing factors:
11 ‘‘(I) Job losses in the oil and gas
12 industry in the State during the pe-
13 riod—
14 ‘‘(aa) beginning on March 1,
15 2020; and
16 ‘‘(bb) ending on the date of
17 enactment of the Infrastructure
18 Investment and Jobs Act.
19 ‘‘(II) The number of documented
20 orphaned wells located in the State,
21 and the projected cost—
22 ‘‘(aa) to plug or reclaim
23 those orphaned wells;
24 ‘‘(bb) to reclaim adjacent
25 land; and
† HR 3684 EAS
1737
1 ‘‘(cc) to decommission or re-
2 move associated pipelines, facili-
3 ties, and infrastructure.
4 ‘‘(iv) PUBLICATION.—Not later than 75
5 days after the date of enactment of the In-
6 frastructure Investment and Jobs Act, the
7 Secretary shall publish on a public website
8 the amount that each State is eligible to re-
9 ceive under the formula under this subpara-
10 graph.
11 ‘‘(B) APPLICATION.—To be eligible to re-
12 ceive a formula grant under this paragraph, a
13 State shall submit to the Secretary an applica-
14 tion that includes—
15 ‘‘(i) a description of—
16 ‘‘(I) the State program for or-
17 phaned well plugging, remediation,
18 and restoration, including legal au-
19 thorities, processes used to identify and
20 prioritize orphaned wells, procurement
21 mechanisms, and other program ele-
22 ments demonstrating the readiness of
23 the State to carry out proposed activi-
24 ties using the grant;
† HR 3684 EAS
1738
1 ‘‘(II) the activities to be carried
2 out with the grant, including an iden-
3 tification of the estimated health, safe-
4 ty, habitat, and environmental benefits
5 of plugging, remediating, or reclaiming
6 orphaned wells; and
7 ‘‘(III) the means by which the in-
8 formation regarding the activities of
9 the State under this paragraph will be
10 made available on a public website;
11 ‘‘(ii) an estimate of—
12 ‘‘(I) the number of orphaned wells
13 in the State that will be plugged, reme-
14 diated, or reclaimed;
15 ‘‘(II) the projected cost of—
16 ‘‘(aa) plugging, remediating,
17 or reclaiming orphaned wells;
18 ‘‘(bb) remediating or re-
19 claiming adjacent land; and
20 ‘‘(cc) decommissioning or re-
21 moving associated pipelines, fa-
22 cilities, and infrastructure;
23 ‘‘(III) the amount of that pro-
24 jected cost that will be offset by the for-
25 feiture of financial assurance instru-
† HR 3684 EAS
1739
1 ments, the estimated salvage of well
2 site equipment, or other proceeds from
3 the orphaned wells and adjacent land;
4 ‘‘(IV) the number of jobs that will
5 be created or saved through the activi-
6 ties to be funded under this paragraph;
7 and
8 ‘‘(V) the amount of funds to be
9 spent on administrative costs;
10 ‘‘(iii) a certification that any financial
11 assurance instruments available to cover
12 plugging, remediation, or reclamation costs
13 will be used by the State; and
14 ‘‘(iv) the definitions and processes used
15 by the State to formally identify a well
16 as—
17 ‘‘(I) an orphaned well; or
18 ‘‘(II) if the State uses different
19 terminology, otherwise eligible for
20 plugging, remediation, and reclama-
21 tion by the State.
22 ‘‘(C) DISTRIBUTION.—Subject to the avail-
23 ability of appropriations, the Secretary shall dis-
24 tribute funds to a State under this paragraph by
25 not later than the date that is 60 days after the
† HR 3684 EAS
1740
1 date on which the State submits to the Secretary
2 a completed application under subparagraph
3 (B).
4 ‘‘(D) DEADLINE FOR EXPENDITURE.—A
† HR 3684 EAS
1741
1 ‘‘(ii) matching grants under subpara-
2 graph (F).
3 ‘‘(B) APPLICATION.—To be eligible to re-
4 ceive a grant under this paragraph, a State shall
5 submit to the Secretary an application includ-
6 ing—
7 ‘‘(i) each element described in an ap-
8 plication for a grant under paragraph
9 (4)(B);
10 ‘‘(ii) activities carried out by the State
11 to address orphaned wells located in the
12 State, including—
13 ‘‘(I) increasing State spending on
14 well plugging, remediation, and rec-
15 lamation; or
16 ‘‘(II) improving regulation of oil
17 and gas wells; and
18 ‘‘(iii) the means by which the State
19 will use funds provided under this para-
20 graph—
21 ‘‘(I) to lower unemployment in
22 the State; and
23 ‘‘(II) to improve economic condi-
24 tions in economically distressed areas
25 of the State.
† HR 3684 EAS
1742
1 ‘‘(C) DISTRIBUTION.—Subject to the avail-
2 ability of appropriations, the Secretary shall dis-
3 tribute funds to a State under this paragraph by
4 not later than the date that is 60 days after the
5 date on which the State submits to the Secretary
6 a completed application under subparagraph
7 (B).
8 ‘‘(D) CONSULTATION.—In making a deter-
9 mination under this paragraph regarding the
10 eligibility of a State to receive a grant under
11 subparagraph (E) or (F), the Secretary shall
12 consult with—
13 ‘‘(i) the Administrator of the Environ-
14 mental Protection Agency;
15 ‘‘(ii) the Secretary of Energy; and
16 ‘‘(iii) the Interstate Oil and Gas Com-
17 pact Commission.
18 ‘‘(E) REGULATORY IMPROVEMENT
19 GRANTS.—
† HR 3684 EAS
1743
1 improvement grant under this subpara-
2 graph, if the State meets, during the 10-
3 year period ending on the date on which the
4 State submits to the Secretary an applica-
5 tion under subparagraph (B), 1 of the fol-
6 lowing criteria:
7 ‘‘(I) The State has strengthened
8 plugging standards and procedures de-
9 signed to ensure that wells located in
10 the State are plugged in an effective
11 manner that protects groundwater and
12 other natural resources, public health
13 and safety, and the environment.
14 ‘‘(II) The State has made im-
15 provements to State programs designed
16 to reduce future orphaned well burdens,
17 such as financial assurance reform, al-
18 ternative funding mechanisms for or-
19 phaned well programs, and reforms to
20 programs relating to well transfer or
21 temporary abandonment.
22 ‘‘(ii) LIMITATIONS.—
23 ‘‘(I) NUMBER.—The Secretary
24 may issue to a State under this sub-
25 paragraph not more than 1 grant for
† HR 3684 EAS
1744
1 each criterion described in subclause
2 (I) or (II) of clause (i).
3 ‘‘(II) MAXIMUM AMOUNT.—The
† HR 3684 EAS
1745
1 priations, provide to the State funding, in
2 an amount equal to the difference between—
3 ‘‘(I) the average annual amount
4 expended by the State during the pe-
5 riod of fiscal years 2010 through
6 2019—
7 ‘‘(aa) to plug, remediate, and
8 reclaim orphaned wells; and
9 ‘‘(bb) to decommission or re-
10 move associated pipelines, facili-
11 ties, or infrastructure; and
12 ‘‘(II) the amount that the State
13 certifies to the Secretary the State will
14 expend, during the fiscal year in which
15 the State will receive the grant under
16 this subparagraph—
17 ‘‘(aa) to plug, remediate, and
18 reclaim orphaned wells;
19 ‘‘(bb) to remediate or reclaim
20 adjacent land; and
21 ‘‘(cc) to decommission or re-
22 move associated pipelines, facili-
23 ties, and infrastructure.
24 ‘‘(ii) LIMITATIONS.—
† HR 3684 EAS
1746
1 ‘‘(I) FISCAL YEAR.—The Sec-
2 retary may issue to a State under this
3 subparagraph not more than 1 grant
4 for each fiscal year.
5 ‘‘(II) TOTAL FUNDS PROVIDED.—
† HR 3684 EAS
1747
1 ‘‘(i) to plug, remediate, or reclaim an
2 orphaned well on Tribal land;
3 ‘‘(ii) to remediate soil and restore na-
4 tive species habitat that has been degraded
5 due to the presence of an orphaned well or
6 associated pipelines, facilities, or infrastruc-
7 ture on Tribal land;
8 ‘‘(iii) to remediate Tribal land adja-
9 cent to orphaned wells and decommission or
10 remove associated pipelines, facilities, and
11 infrastructure;
12 ‘‘(iv) to provide an online public ac-
13 counting of the cost of plugging, remedi-
14 ation, and reclamation for each orphaned
15 well site on Tribal land;
16 ‘‘(v) to identify and characterize un-
17 documented orphaned wells on Tribal land;
18 and
19 ‘‘(vi) to develop or administer a Tribal
20 program to carry out any activities de-
21 scribed in clauses (i) through (v).
22 ‘‘(B) ADMINISTRATIVE COST LIMITATION.—
† HR 3684 EAS
1748
1 under this subsection during a fiscal year
2 for administrative costs under subpara-
3 graph (A)(vi).
4 ‘‘(ii) EXCEPTION.—The limitation
5 under clause (i) shall not apply to any
6 funds used to carry out an administrative
7 action necessary for the development of a
8 Tribal program described in subparagraph
9 (A)(vi).
10 ‘‘(3) FACTORS FOR CONSIDERATION.—In deter-
11 mining whether to provide to an Indian Tribe a
12 grant under this subsection, the Secretary shall take
13 into consideration—
14 ‘‘(A) the unemployment rate of the Indian
15 Tribe on the date on which the Indian Tribe sub-
16 mits an application under paragraph (4); and
17 ‘‘(B) the estimated number of orphaned
18 wells on the Tribal land of the Indian Tribe.
19 ‘‘(4) APPLICATION.—To be eligible to receive a
20 grant under this subsection, an Indian Tribe shall
21 submit to the Secretary an application that in-
22 cludes—
23 ‘‘(A) a description of—
24 ‘‘(i) the Tribal program for orphaned
25 well plugging, remediation, and restoration,
† HR 3684 EAS
1749
1 including legal authorities, processes used to
2 identify and prioritize orphaned wells, pro-
3 curement mechanisms, and other program
4 elements demonstrating the readiness of the
5 Indian Tribe to carry out the proposed ac-
6 tivities, or plans to develop such a program;
7 and
8 ‘‘(ii) the activities to be carried out
9 with the grant, including an identification
10 of the estimated health, safety, habitat, and
11 environmental benefits of plugging, remedi-
12 ating, or reclaiming orphaned wells and re-
13 mediating or reclaiming adjacent land; and
14 ‘‘(B) an estimate of—
15 ‘‘(i) the number of orphaned wells that
16 will be plugged, remediated, or reclaimed;
17 and
18 ‘‘(ii) the projected cost of—
19 ‘‘(I) plugging, remediating, or re-
20 claiming orphaned wells;
21 ‘‘(II) remediating or reclaiming
22 adjacent land; and
23 ‘‘(III) decommissioning or remov-
24 ing associated pipelines, facilities, and
25 infrastructure.
† HR 3684 EAS
1750
1 ‘‘(5) DISTRIBUTION.—Subject to the availability
2 of appropriations, the Secretary shall distribute funds
3 to an Indian Tribe under this subsection by not later
4 than the date that is 60 days after the date on which
5 the Indian Tribe submits to the Secretary a completed
6 application under paragraph (4).
7 ‘‘(6) DEADLINE FOR EXPENDITURE.—An Indian
8 Tribe that receives funds under this subsection shall
9 reimburse the Secretary in an amount equal to the
10 amount of the funds that remain unobligated on the
11 date that is 5 years after the date of receipt of the
12 funds, except for cases in which the Secretary has
13 granted the Indian Tribe an extended deadline for
14 completion of the eligible activities after consultation.
15 ‘‘(7) DELEGATION TO SECRETARY IN LIEU OF A
16 GRANT.—
† HR 3684 EAS
1751
1 paragraph (A), the Secretary shall administer or
2 carry out plugging, remediation, and reclama-
3 tion activities for an orphaned well on Tribal
4 land.
5 ‘‘(e) TECHNICAL ASSISTANCE.—The Secretary of En-
6 ergy, in cooperation with the Secretary and the Interstate
7 Oil and Gas Compact Commission, shall provide technical
8 assistance to the Federal land management agencies and
9 oil and gas producing States and Indian Tribes to support
10 practical and economical remedies for environmental prob-
11 lems caused by orphaned wells on Federal land, Tribal
12 land, and State and private land, including the sharing
13 of best practices in the management of oil and gas well in-
14 ventories to ensure the availability of funds to plug, reme-
15 diate, and restore oil and gas well sites on cessation of oper-
16 ation.
17 ‘‘(f) REPORT TO CONGRESS.—Not later than 1 year
18 after the date of enactment of the Infrastructure Investment
19 and Jobs Act, and not less frequently than annually there-
20 after, the Secretary shall submit to the Committees on Ap-
21 propriations and Energy and Natural Resources of the Sen-
22 ate and the Committees on Appropriations and Natural Re-
23 sources of the House of Representatives a report describing
24 the program established and grants awarded under this sec-
25 tion, including—
† HR 3684 EAS
1752
1 ‘‘(1) an updated inventory of wells located on
2 Federal land, Tribal land, and State and private
3 land that are—
4 ‘‘(A) orphaned wells; or
5 ‘‘(B) at risk of becoming orphaned wells;
6 ‘‘(2) an estimate of the quantities of—
7 ‘‘(A) methane and other gasses emitted from
8 orphaned wells; and
9 ‘‘(B) emissions reduced as a result of plug-
10 ging, remediating, and reclaiming orphaned
11 wells;
12 ‘‘(3) the number of jobs created and saved
13 through the plugging, remediation, and reclamation
14 of orphaned wells; and
15 ‘‘(4) the acreage of habitat restored using grants
16 awarded to plug, remediate, and reclaim orphaned
17 wells and to remediate or reclaim adjacent land, to-
18 gether with a description of the purposes for which
19 that land is likely to be used in the future.
20 ‘‘(g) EFFECT OF SECTION.—
21 ‘‘(1) NO EXPANSION OF LIABILITY.—Nothing in
22 this section establishes or expands the responsibility
23 or liability of any entity with respect to—
24 ‘‘(A) plugging any well; or
† HR 3684 EAS
1753
1 ‘‘(B) remediating or reclaiming any well
2 site.
3 ‘‘(2) TRIBAL LAND.—Nothing in this section—
4 ‘‘(A) relieves the Secretary of any obligation
5 under section 3 of the Act of May 11, 1938 (25
6 U.S.C. 396c; 52 Stat. 348, chapter 198), to plug,
7 remediate, or reclaim an orphaned well located
8 on Tribal land; or
9 ‘‘(B) absolves the United States from a re-
10 sponsibility to plug, remediate, or reclaim an or-
11 phaned well located on Tribal land or any other
12 responsibility to an Indian Tribe, including any
13 responsibility that derives from—
14 ‘‘(i) the trust relationship between the
15 United States and Indian Tribes;
16 ‘‘(ii) any treaty, law, or Executive
17 order; or
18 ‘‘(iii) any agreement between the
19 United States and an Indian Tribe.
20 ‘‘(3) OWNER OR OPERATOR NOT ABSOLVED.—
† HR 3684 EAS
1754
1 ‘‘(B) any adverse effect of the well on the
2 environment.
3 ‘‘(h) AUTHORIZATION OF APPROPRIATIONS.—There
4 are authorized to be appropriated for fiscal year 2022, to
5 remain available until September 30, 2030:
6 ‘‘(1) to the Secretary—
7 ‘‘(A) $250,000,000 to carry out the program
8 under subsection (b);
9 ‘‘(B) $775,000,000 to provide grants under
10 subsection (c)(3);
11 ‘‘(C) $2,000,000,000 to provide grants
12 under subsection (c)(4);
13 ‘‘(D) $1,500,000,000 to provide grants
14 under subsection (c)(5); and
15 ‘‘(E) $150,000,000 to carry out the program
16 under subsection (d);
17 ‘‘(2) to the Secretary of Energy, $30,000,000 to
18 conduct research and development activities in co-
19 operation with the Interstate Oil and Gas Compact
20 Commission to assist the Federal land management
21 agencies, States, and Indian Tribes in—
22 ‘‘(A) identifying and characterizing un-
23 documented orphaned wells; and
24 ‘‘(B) mitigating the environmental risks of
25 undocumented orphaned wells; and
† HR 3684 EAS
1755
1 ‘‘(3) to the Interstate Oil and Gas Compact
2 Commission, $2,000,000 to carry out this section.’’.
3 TITLE VII—ABANDONED MINE
4 LAND RECLAMATION
5 SEC. 40701. ABANDONED MINE RECLAMATION FUND AU-
6 THORIZATION OF APPROPRIATIONS.
† HR 3684 EAS
1756
1 405 of the Surface Mining Control and Reclama-
2 tion Act of 1977 (30 U.S.C. 1235);
3 (B) States and Indian Tribes that are cer-
4 tified under section 411(a) of that Act (30 U.S.C.
5 1240a(a)); and
6 (C) States and Indian Tribes that are re-
7 ferred to in section 402(g)(8)(B) of that Act (30
8 U.S.C. 1232(g)(8)(B)).
9 (3) CONTRACT AGGREGATION.—In applying for
10 grants under paragraph (1), States and Indian
11 Tribes may aggregate bids into larger statewide or re-
12 gional contracts.
13 (c) COVERED ACTIVITIES.—Grants under subsection
14 (b)(1) shall only be used for activities described in sub-
15 sections (a) and (b) of section 403 and section 410 of the
16 Surface Mining Control and Reclamation Act of 1977 (30
17 U.S.C. 1233, 1240).
18 (d) ALLOCATION.—
19 (1) IN GENERAL.—Subject to subsection (e), the
20 Secretary of the Interior shall allocate and distribute
21 amounts made available for grants under subsection
22 (b)(1) to States and Indian Tribes on an equal an-
23 nual basis over a 15-year period beginning on the
24 date of enactment of this Act, based on the number of
25 tons of coal historically produced in the States or
† HR 3684 EAS
1757
1 from the applicable Indian land before August 3,
2 1977, regardless of whether the State or Indian Tribe
3 is certified under section 411(a) of the Surface Min-
4 ing Control and Reclamation Act of 1977 (30 U.S.C.
5 1240a(a)).
6 (2) SURFACE MINING CONTROL AND RECLAMA-
† HR 3684 EAS
1758
1 the States and Indian Tribes regarding the
2 progress referred to in that subparagraph;
3 and
4 (ii) include in the report submitted to
5 Congress under that subparagraph a de-
6 scription of any input received under clause
7 (i).
8 (4) REDISTRIBUTION OF FUNDS.—
† HR 3684 EAS
1759
1 (f) PRIORITY.—In addition to the priorities described
2 in section 403(a) of the Surface Mining Control and Rec-
3 lamation Act of 1977 (30 U.S.C. 1233(a)), in providing
4 grants under this section, priority may also be given to rec-
5 lamation projects described in subsection (b)(1) that provide
6 employment for current and former employees of the coal
7 industry.
8 (g) RESERVATION.—Of the funds made available under
9 subsection (a), $25,000,000 shall be made available to the
10 Secretary of the Interior to provide States and Indian
11 Tribes with the financial and technical assistance necessary
12 for the purpose of making amendments to the inventory
13 maintained under section 403(c) of the Surface Mining
14 Control and Reclamation Act of 1977 (30 U.S.C. 1233(c)).
15 SEC. 40702. ABANDONED MINE RECLAMATION FEE.
† HR 3684 EAS
1760
1 (b) DURATION.—Section 402(b) of the Surface Mining
2 Control and Reclamation Act of 1977 (30 U.S.C. 1232(b))
3 is amended by striking ‘‘September 30, 2021’’ and inserting
4 ‘‘September 30, 2034’’.
5 SEC. 40703. AMOUNTS DISTRIBUTED FROM ABANDONED
† HR 3684 EAS
1761
1 establish a program to inventory, assess, decommission, re-
2 claim, respond to hazardous substance releases on, and re-
3 mediate abandoned hardrock mine land based on conditions
4 including need, public health and safety, potential environ-
5 mental harm, and other land use priorities.
6 (b) AWARD OF GRANTS.—Subject to the availability
7 of funds, the Secretary shall provide grants on a competitive
8 or formula basis to States and Indian Tribes that have ju-
9 risdiction over abandoned hardrock mine land to reclaim
10 that land.
11 (c) ELIGIBILITY.—Amounts made available under this
12 section may only be used for Federal, State, Tribal, local,
13 and private land that has been affected by past hardrock
14 mining activities, and water resources that traverse or are
15 contiguous to such land, including any of the following:
16 (1) Land and water resources that were—
17 (A) used for, or affected by, hardrock min-
18 ing activities; and
19 (B) abandoned or left in an inadequate rec-
20 lamation status before the date of enactment of
21 this Act.
22 (2) Land for which the Secretary makes a deter-
23 mination that there is no continuing reclamation re-
24 sponsibility of a claim holder, liable party, operator,
25 or other person that abandoned the site prior to com-
† HR 3684 EAS
1762
1 pletion of required reclamation under Federal or
2 State law.
3 (d) ELIGIBLE ACTIVITIES.—
4 (1) IN GENERAL.—Amounts made available to
5 carry out this section shall be used to inventory, as-
6 sess, decommission, reclaim, respond to hazardous
7 substance releases on, and remediate abandoned
8 hardrock mine land based on the priorities described
9 in subsection (a).
10 (2) EXCLUSION.—Amounts made available to
11 carry out this section may not be used to fulfill obli-
12 gations under the Comprehensive Environmental Re-
13 sponse, Compensation, and Liability Act of 1980 (42
14 U.S.C. 9601 et seq.) agreed to in a legal settlement or
15 imposed by a court, whether for payment of funds or
16 for work to be performed.
17 (e) AUTHORIZATION OF APPROPRIATIONS.—
18 (1) IN GENERAL.—There is authorized to be ap-
19 propriated to carry out this section $3,000,000,000, to
20 remain available until expended, of which—
21 (A) 50 percent shall be for grants to States
22 and Indian Tribes under subsection (b) for eligi-
23 ble activities described in subsection (d)(1); and
† HR 3684 EAS
1763
1 (B) 50 percent shall be for available to the
2 Secretary for eligible activities described in sub-
3 section (d)(1) on Federal land.
4 (2) TRANSFER.—The Secretary may transfer
5 amounts made available to the Secretary under para-
6 graph (1)(B) to the Secretary of Agriculture for ac-
7 tivities described in subsection (a) on National Forest
8 System land.
9 TITLE VIII—NATURAL RE-
10 SOURCES-RELATED INFRA-
11 STRUCTURE, WILDFIRE MAN-
12 AGEMENT, AND ECOSYSTEM
13 RESTORATION
14 SEC. 40801. FOREST SERVICE LEGACY ROAD AND TRAIL RE-
15 MEDIATION PROGRAM.
20 DIATION PROGRAM.
† HR 3684 EAS
1764
1 ‘‘(b) ACTIVITIES.—In carrying out the Program, the
2 Secretary shall, taking into account foreseeable changes in
3 weather and hydrology—
4 ‘‘(1) restore passages for fish and other aquatic
5 species by—
6 ‘‘(A) improving, repairing, or replacing cul-
7 verts and other infrastructure; and
8 ‘‘(B) removing barriers, as the Secretary de-
9 termines appropriate, from the passages;
10 ‘‘(2) decommission unauthorized user-created
11 roads and trails that are not a National Forest Sys-
12 tem road or a National Forest System trail, if the ap-
13 plicable unit of the National Forest System has pub-
14 lished—
15 ‘‘(A) a Motor Vehicle Use Map and the road
16 is not identified as a National Forest System
17 road on that Motor Vehicle Use Map; or
18 ‘‘(B) a map depicting the authorized trails
19 in the applicable unit of the National Forest
20 System and the trail is not identified as a Na-
21 tional Forest System trail on that map;
22 ‘‘(3) prepare previously closed National Forest
23 System roads for long-term storage, in accordance
24 with subsections (c)(1) and (d), in a manner that—
† HR 3684 EAS
1765
1 ‘‘(A) prevents motor vehicle use, as appro-
2 priate to conform to route designations;
3 ‘‘(B) prevents the roads from damaging ad-
4 jacent resources, including aquatic and wildlife
5 resources;
6 ‘‘(C) reduces or eliminates the need for road
7 maintenance; and
8 ‘‘(D) preserves the roads for future use;
9 ‘‘(4) decommission previously closed National
10 Forest System roads and trails in accordance with
11 subsections (c)(1) and (d);
12 ‘‘(5) relocate National Forest System roads and
13 trails—
14 ‘‘(A) to increase resilience to extreme weath-
15 er events, flooding, and other natural disasters;
16 and
17 ‘‘(B) to respond to changing resource condi-
18 tions and public input;
19 ‘‘(6) convert National Forest System roads to
20 National Forest System trails, while allowing for con-
21 tinued use for motorized and nonmotorized recreation,
22 to the extent the use is compatible with the manage-
23 ment status of the road or trail;
24 ‘‘(7) decommission temporary roads—
† HR 3684 EAS
1766
1 ‘‘(A) that were constructed before the date of
2 enactment of this section—
3 ‘‘(i) for emergency operations; or
4 ‘‘(ii) to facilitate a resource extraction
5 project;
6 ‘‘(B) that were designated as a temporary
7 road by the Secretary; and
8 ‘‘(C)(i) in violation of section 10(b) of the
9 Forest and Rangeland Renewable Resources
10 Planning Act of 1974 (16 U.S.C. 1608(b)), on
11 which vegetation cover has not been reestablished;
12 or
13 ‘‘(ii) that have not been fully decommis-
14 sioned; and
15 ‘‘(8) carry out projects on National Forest Sys-
16 tem roads, trails, and bridges to improve resilience to
17 extreme weather events, flooding, or other natural dis-
18 asters.
19 ‘‘(c) PROJECT SELECTION.—
20 ‘‘(1) PROJECT ELIGIBILITY.—
† HR 3684 EAS
1767
1 ‘‘(i) solicited public comment for
2 changing the management status of the ap-
3 plicable National Forest System road or
4 trail—
5 ‘‘(I) to close the road or trail to
6 access; and
7 ‘‘(II) to minimize impacts to nat-
8 ural resources; and
9 ‘‘(ii) has closed the road or trail to ac-
10 cess as described in clause (i)(I).
11 ‘‘(B) REQUIREMENT.—Each project carried
12 out under the Program shall be on a National
13 Forest System road or trail, except with respect
14 to—
15 ‘‘(i) a project described in subsection
16 (b)(2); or
17 ‘‘(ii) a project carried out on a water-
18 shed for which the Secretary has entered
19 into a cooperative agreement under section
20 323 of the Department of the Interior and
21 Related Agencies Appropriations Act, 1999
22 (16 U.S.C. 1011a).
23 ‘‘(2) ANNUAL SELECTION OF PROJECTS FOR
† HR 3684 EAS
1768
1 ‘‘(A) establish a process for annually select-
2 ing projects for funding under the Program, con-
3 sistent with the requirements of this section;
4 ‘‘(B) solicit and consider public input re-
5 gionally in the ranking of projects for funding
6 under the Program;
7 ‘‘(C) give priority for funding under the
8 Program to projects that would—
9 ‘‘(i) protect or improve water quality
10 in public drinking water source areas;
11 ‘‘(ii) restore the habitat of a threat-
12 ened, endangered, or sensitive fish or wild-
13 life species; or
14 ‘‘(iii) maintain future access to the ad-
15 jacent area for the public, contractors, per-
16 mittees, or firefighters; and
17 ‘‘(D) publish on the website of the Forest
18 Service—
19 ‘‘(i) the selection process established
20 under subparagraph (A); and
21 ‘‘(ii) a list that includes a description
22 and the proposed outcome of each project
23 funded under the Program in each fiscal
24 year.
† HR 3684 EAS
1769
1 ‘‘(d) IMPLEMENTATION.—In implementing the Pro-
2 gram, the Secretary shall ensure that—
3 ‘‘(1) the system of roads and trails on the appli-
4 cable unit of the National Forest System—
5 ‘‘(A) is adequate to meet any increasing de-
6 mands for timber, recreation, and other uses;
7 ‘‘(B) provides for intensive use, protection,
8 development, and management of the land under
9 principles of multiple use and sustained yield of
10 products and services;
11 ‘‘(C) does not damage, degrade, or impair
12 adjacent resources, including aquatic and wild-
13 life resources, to the extent practicable;
14 ‘‘(D) reflects long-term funding expecta-
15 tions; and
16 ‘‘(E) is adequate for supporting emergency
17 operations, such as evacuation routes during
18 wildfires, floods, and other natural disasters; and
19 ‘‘(2) all projects funded under the Program are
20 consistent with any applicable forest plan or travel
21 management plan.
22 ‘‘(e) SAVINGS CLAUSE.—A decision to fund a project
23 under the Program shall not affect any determination made
24 previously or to be made in the future by the Secretary with
25 regard to road or trail closures.’’.
† HR 3684 EAS
1770
1 (b) AUTHORIZATION OF APPROPRIATIONS.—There is
2 authorized to be appropriated to the Secretary of Agri-
3 culture to carry out section 8 of Public Law 88–657 (com-
4 monly known as the ‘‘Forest Roads and Trails Act’’)
5 $250,000,000 for the period of fiscal years 2022 through
6 2026.
7 SEC. 40802. STUDY AND REPORT ON FEASIBILITY OF RE-
† HR 3684 EAS
1771
1 (A) is subject to title IV of the Surface Min-
2 ing Control and Reclamation Act of 1977 (30
3 U.S.C. 1231 et seq.); and
4 (B) is not subject to that title;
5 (3) a description of any barriers to implementa-
6 tion of such a program, including whether the pro-
7 gram would potentially interfere with the authorities
8 contained in, or the implementation of, the Surface
9 Mining Control and Reclamation Act of 1977 (30
10 U.S.C. 1201 et seq.), including the Abandoned Mine
11 Reclamation Fund created by section 401 of that Act
12 (30 U.S.C. 1231) and State reclamation programs
13 under section 405 of that Act (30 U.S.C. 1235); and
14 (4) a description of the potential for job creation
15 and workforce needs if such a program was imple-
16 mented.
17 SEC. 40803. WILDFIRE RISK REDUCTION.
† HR 3684 EAS
1772
1 high wildfire hazard potential, the Secretary of the Interior
2 and the Secretary of Agriculture, acting through the Chief
3 of the Forest Service, shall, by not later than September
4 30, 2027, conduct restoration treatments and improve the
5 Fire Regime Condition Class of 10,000,000 acres that are
6 located in—
7 (1) the wildland-urban interface; or
8 (2) a public drinking water source area.
9 (c) ACTIVITIES.—Of the amounts made available
10 under subsection (a) for the period of fiscal years 2022
11 through 2026—
12 (1) $20,000,000 shall be made available for en-
13 tering into an agreement with the Administrator of
14 the National Oceanic and Atmospheric Administra-
15 tion to establish and operate a program that makes
16 use of the Geostationary Operational Environmental
17 Satellite Program to rapidly detect and report wild-
18 fire starts in all areas in which the Secretary of the
19 Interior or the Secretary of Agriculture has financial
20 responsibility for wildland fire protection and preven-
21 tion, of which—
22 (A) $10,000,000 shall be made available to
23 the Secretary of the Interior; and
24 (B) $10,000,000 shall be made available to
25 the Secretary of Agriculture;
† HR 3684 EAS
1773
1 (2) $600,000,000 shall be made available for the
2 salaries and expenses of Federal wildland firefighters
3 in accordance with subsection (d), of which—
4 (A) $120,000,000 shall be made available to
5 the Secretary of the Interior; and
6 (B) $480,000,000 shall be made available to
7 the Secretary of Agriculture;
8 (3) $10,000,000 shall be made available to the
9 Secretary of the Interior to acquire technology and
10 infrastructure for each Type I and Type II incident
11 management team to maintain interoperability with
12 respect to the radio frequencies used by any respond-
13 ing agency;
14 (4) $30,000,000 shall be made available to the
15 Secretary of Agriculture to provide financial assist-
16 ance to States, Indian Tribes, and units of local gov-
17 ernment to establish and operate Reverse-911 tele-
18 communication systems;
19 (5) $50,000,000 shall be made available to the
20 Secretary of the Interior to establish and implement
21 a pilot program to provide to local governments fi-
22 nancial assistance for the acquisition of slip-on tank-
23 er units to establish fleets of vehicles that can be
24 quickly converted to be operated as fire engines;
† HR 3684 EAS
1774
1 (6) $1,200,000 shall be made available to the
2 Secretary of Agriculture, in coordination with the
3 Secretary of the Interior, to develop and publish, not
4 later than 180 days after the date of enactment of this
5 Act, and every 5 years thereafter, a map depicting at-
6 risk communities (as defined in section 101 of the
7 Healthy Forests Restoration Act of 2003 (16 U.S.C.
8 6511)), including Tribal at-risk communities;
9 (7) $100,000,000 shall be made available to the
10 Secretary of the Interior and the Secretary of Agri-
11 culture—
12 (A) for—
13 (i) preplanning fire response work-
14 shops that develop—
15 (I) potential operational delinea-
16 tions; and
17 (II) select potential control loca-
18 tions; and
19 (ii) workforce training for staff, non-
20 Federal firefighters, and Native village fire
21 crews for—
22 (I) wildland firefighting; and
23 (II) increasing the pace and scale
24 of vegetation treatments, including
† HR 3684 EAS
1775
1 training on how to prepare and imple-
2 ment large landscape treatments; and
3 (B) of which—
4 (i) $50,000,000 shall be made available
5 to the Secretary of the Interior; and
6 (ii) $50,000,000 shall be made avail-
7 able to the Secretary of Agriculture;
8 (8) $20,000,000 shall be made available to the
9 Secretary of Agriculture to enter into an agreement
10 with a Southwest Ecological Restoration Institute es-
11 tablished under the Southwest Forest Health and
12 Wildfire Prevention Act of 2004 (16 U.S.C. 6701 et
13 seq.)—
14 (A) to compile and display existing data,
15 including geographic data, for hazardous fuel re-
16 duction or wildfire prevention treatments under-
17 taken by the Secretary of the Interior or the Sec-
18 retary of Agriculture, including treatments un-
19 dertaken with funding provided under this title;
20 (B) to compile and display existing data,
21 including geographic data, for large wildfires, as
22 defined by the National Wildfire Coordinating
23 Group, that occur in the United States;
24 (C) to facilitate coordination and use of ex-
25 isting and future interagency fuel treatment
† HR 3684 EAS
1776
1 data, including geographic data, for the purposes
2 of—
3 (i) assessing and planning cross-
4 boundary fuel treatments; and
5 (ii) monitoring the effects of treatments
6 on wildfire outcomes and ecosystem restora-
7 tion services, using the data compiled under
8 subparagraphs (A) and (B);
9 (D) to publish a report every 5 years show-
10 ing the extent to which treatments described in
11 subparagraph (A) and previous wildfires affect
12 the boundaries of wildfires, categorized by—
13 (i) Federal land management agency;
14 (ii) region of the United States; and
15 (iii) treatment type; and
16 (E) to carry out other related activities of
17 a Southwest Ecological Restoration Institute, as
18 authorized by the Southwest Forest Health and
19 Wildfire Prevention Act of 2004 (16 U.S.C. 6701
20 et seq.);
21 (9) $20,000,000 shall be available for activities
22 conducted under the Joint Fire Science Program, of
23 which—
24 (A) $10,000,000 shall be made available to
25 the Secretary of the Interior; and
† HR 3684 EAS
1777
1 (B) $10,000,000 shall be made available to
2 the Secretary of Agriculture;
3 (10) $100,000,000 shall be made available to the
4 Secretary of Agriculture for collaboration and collabo-
5 ration-based activities, including facilitation, certifi-
6 cation of collaboratives, and planning and imple-
7 menting projects under the Collaborative Forest
8 Landscape Restoration Program established under
9 section 4003 of the Omnibus Public Land Manage-
10 ment Act of 2009 (16 U.S.C. 7303) in accordance
11 with subsection (e);
12 (11) $500,000,000 shall be made available to the
13 Secretary of the Interior and the Secretary of Agri-
14 culture—
15 (A) for—
16 (i) conducting mechanical thinning
17 and timber harvesting in an ecologically
18 appropriate manner that maximizes the re-
19 tention of large trees, as appropriate for the
20 forest type, to the extent that the trees pro-
21 mote fire-resilient stands; or
22 (ii) precommercial thinning in young
23 growth stands for wildlife habitat benefits to
24 provide subsistence resources; and
25 (B) of which—
† HR 3684 EAS
1778
1 (i) $100,000,000 shall be made avail-
2 able to the Secretary of the Interior; and
3 (ii) $400,000,000 shall be made avail-
4 able to the Secretary of Agriculture;
5 (12) $500,000,000 shall be made available to the
6 Secretary of Agriculture, in cooperation with States,
7 to award community wildfire defense grants to at-risk
8 communities in accordance with subsection (f);
9 (13) $500,000,000 shall be made available for
10 planning and conducting prescribed fires and related
11 activities, of which—
12 (A) $250,000,000 shall be made available to
13 the Secretary of the Interior; and
14 (B) $250,000,000 shall be made available to
15 the Secretary of Agriculture;
16 (14) $500,000,000 shall be made available for de-
17 veloping or improving potential control locations, in
18 accordance with paragraph (7)(A)(i)(II), including
19 installing fuelbreaks (including fuelbreaks studied
20 under subsection (i)), with a focus on shaded
21 fuelbreaks when ecologically appropriate, of which—
22 (A) $250,000,000 shall be made available to
23 the Secretary of the Interior; and
24 (B) $250,000,000 shall be made available to
25 the Secretary of Agriculture;
† HR 3684 EAS
1779
1 (15) $200,000,000 shall be made available for
2 contracting or employing crews of laborers to modify
3 and remove flammable vegetation on Federal land
4 and for using materials from treatments, to the extent
5 practicable, to produce biochar and other innovative
6 wood products, including through the use of existing
7 locally based organizations that engage young adults,
8 Native youth, and veterans in service projects, such as
9 youth and conservation corps, of which—
10 (A) $100,000,000 shall be made available to
11 the Secretary of the Interior; and
12 (B) $100,000,000 shall be made available to
13 the Secretary of Agriculture;
14 (16) $200,000,000 shall be made available for
15 post-fire restoration activities that are implemented
16 not later than 3 years after the date that a wildland
17 fire is contained, of which—
18 (A) $100,000,000 shall be made available to
19 the Secretary of the Interior; and
20 (B) $100,000,000 shall be made available to
21 the Secretary of Agriculture;
22 (17) $8,000,000 shall be made available to the
23 Secretary of Agriculture—
24 (A) to provide feedstock to firewood banks;
25 and
† HR 3684 EAS
1780
1 (B) to provide financial assistance for the
2 operation of firewood banks; and
3 (18) $10,000,000 shall be available to the Sec-
4 retary of the Interior and the Secretary of Agriculture
5 for the procurement and placement of wildfire detec-
6 tion and real-time monitoring equipment, such as
7 sensors, cameras, and other relevant equipment, in
8 areas at risk of wildfire or post-burned areas.
9 (d) WILDLAND FIREFIGHTERS.—
10 (1) IN GENERAL.—Subject to the availability of
11 appropriations, not later than 180 days after the date
12 of enactment of this Act, the Secretary of the Interior
13 and the Secretary of Agriculture shall, using the
14 amounts made available under subsection (c)(2), co-
15 ordinate with the Director of the Office of Personnel
16 Management to develop a distinct ‘‘wildland fire-
17 fighter’’ occupational series.
18 (2) HAZARDOUS DUTY DIFFERENTIAL NOT AF-
† HR 3684 EAS
1781
1 management of wildland fires, as determined by
2 the Office; and
3 ‘‘(B) in such other circumstances as the Of-
4 fice may by regulation prescribe; and’’.
5 (3) CURRENT EMPLOYEES.—Any individual em-
6 ployed as a wildland firefighter on the date on which
7 the occupational series established under paragraph
8 (1) takes effect may elect—
9 (A) to remain in the occupational series in
10 which the individual is employed; or
11 (B) to be included in the ‘‘wildland fire-
12 fighter’’ occupational series established under
13 that paragraph.
14 (4) PERMANENT EMPLOYEES; INCREASE IN SAL-
† HR 3684 EAS
1782
1 (ii) reduce hazardous fuels on Federal
2 land not fewer than 800 hours per year;
3 and
4 (B) increase the base salary of a Federal
5 wildland firefighter by the lesser of an amount
6 that is commensurate with an increase of
7 $20,000 per year or an amount equal to 50 per-
8 cent of the base salary, if the Secretary con-
9 cerned, in coordination with the Director of the
10 Office of Personnel Management, makes a writ-
11 ten determination that the position of the Fed-
12 eral wildland firefighter is located within a spec-
13 ified geographic area in which it is difficult to
14 recruit or retain a Federal wildland firefighter.
15 (5) NATIONAL WILDFIRE COORDINATING
† HR 3684 EAS
1783
1 fighters to recognize and address mental health
2 needs, including post-traumatic stress disorder
3 care.
4 (e) COLLABORATIVE FOREST LANDSCAPE RESTORA-
5 TION PROGRAM.—Subject to the availability of appropria-
6 tions, not later than 180 days after the date of enactment
7 of this Act, the Secretary of Agriculture shall, using the
8 amounts made available under subsection (c)(10)—
9 (1) solicit new project proposals under the Col-
10 laborative Forest Landscape Restoration Program es-
11 tablished under section 4003 of the Omnibus Public
12 Land Management Act of 2009 (16 U.S.C. 7303) (re-
13 ferred to in this subsection as the ‘‘Program’’);
14 (2) provide up to 5 years of additional funding
15 of any proposal originally selected for funding under
16 the Program prior to September 30, 2018—
17 (A) that has been approved for an extension
18 of funding by the Secretary of Agriculture prior
19 to the date of enactment of this Act; or
20 (B) that has been recommended for an ex-
21 tension of funding by the advisory panel estab-
22 lished under section 4003(e) of the Omnibus Pub-
23 lic Land Management Act of 2009 (16 U.S.C.
24 7303(e)) prior to the date of enactment of this
† HR 3684 EAS
1784
1 Act that the Secretary of Agriculture subse-
2 quently approves; and
3 (3) select project proposals for funding under the
4 Program in a manner that—
5 (A) gives priority to a project proposal that
6 will treat acres that—
7 (i) have been identified as having very
8 high wildfire hazard potential; and
9 (ii) are located in—
10 (I) the wildland-urban interface;
11 or
12 (II) a public drinking water
13 source area;
14 (B) takes into consideration—
15 (i) the cost per acre of Federal land or
16 Indian forest land or rangeland acres de-
17 scribed in subparagraph (A) to be treated;
18 and
19 (ii) the number of acres described in
20 subparagraph (A) to be treated;
21 (C) gives priority to a project proposal that
22 is proposed by a collaborative that has success-
23 fully accomplished treatments consistent with a
24 written plan that included a proposed schedule
25 of completing those treatments, which is not lim-
† HR 3684 EAS
1785
1 ited to an earlier proposal funded under the Pro-
2 gram; and
3 (D) discontinues funding for a project that
4 fails to achieve the results included in a project
5 proposal submitted under paragraph (1) for
6 more than 2 consecutive years.
7 (f) COMMUNITY WILDFIRE DEFENSE GRANT PRO-
8 GRAM.—
† HR 3684 EAS
1786
1 (2) PRIORITY.—In awarding grants under the
2 program described in paragraph (1), the Secretary of
3 Agriculture shall give priority to an at-risk commu-
4 nity that is—
5 (A) in an area identified by the Secretary
6 of Agriculture as having high or very high wild-
7 fire hazard potential;
8 (B) a low-income community; or
9 (C) a community impacted by a severe dis-
10 aster.
11 (3) COMMUNITY WILDFIRE DEFENSE GRANTS.—
† HR 3684 EAS
1787
1 (I) not less than 10 percent for a
2 grant awarded under paragraph
3 (1)(A); and
4 (II) not less than 25 percent for a
5 grant awarded under paragraph
6 (1)(B).
7 (ii) WAIVER.—The Secretary of Agri-
8 culture may waive the cost-sharing require-
9 ment under clause (i) for a project that
10 serves an underserved community.
11 (C) ELIGIBILITY.—The Secretary of Agri-
12 culture shall not award a grant under para-
13 graph (1) to an at-risk community that is lo-
14 cated in a county or community that—
15 (i) is located in the continental United
16 States; and
17 (ii) has not adopted an ordinance or
18 regulation that requires the construction of
19 new roofs on buildings to adhere to stand-
20 ards that are similar to, or more stringent
21 than—
22 (I) the roof construction standards
23 established by the National Fire Pro-
24 tection Association; or
† HR 3684 EAS
1788
1 (II) an applicable model building
2 code established by the International
3 Code Council.
4 (g) PRIORITIES.—In carrying out projects using
5 amounts made available under this section, the Secretary
6 of the Interior or the Secretary of Agriculture, acting
7 through the Chief of the Forest Service, as applicable, shall
8 prioritize funding for projects—
9 (1) for which any applicable processes under the
10 National Environmental Policy Act of 1969 (42
11 U.S.C. 4321 et seq.) have been completed on the date
12 of enactment of this Act;
13 (2) that reduce the likelihood of experiencing
14 uncharacteristically severe effects from a potential
15 wildfire by focusing on areas strategically important
16 for reducing the risks associated with wildfires;
17 (3) that maximize the retention of large trees, as
18 appropriate for the forest type, to the extent that the
19 trees promote fire-resilient stands;
20 (4) that do not include the establishment of per-
21 manent roads;
22 (5) for which funding would be committed to de-
23 commission all temporary roads constructed to carry
24 out the project; and
† HR 3684 EAS
1789
1 (6) that fully maintain or contribute toward the
2 restoration of the structure and composition of old
3 growth stands consistent with the characteristics of
4 that forest type, taking into account the contribution
5 of the old growth stand to landscape fire adaption
6 and watershed health, unless the old growth stand is
7 part of a science-based ecological restoration project
8 authorized by the Secretary concerned that meets ap-
9 plicable protection and old growth enhancement objec-
10 tives, as determined by the Secretary concerned.
11 (h) REPORTS.— The Secretary of the Interior and the
12 Secretary of Agriculture, acting through the Chief of the
13 Forest Service, shall complete and submit to the Committee
14 on Energy and Natural Resources of the Senate and the
15 Committee on Natural Resources of the House of Represent-
16 atives an annual report describing the number of acres of
17 land on which projects carried out using funds made avail-
18 able under this section improved the Fire Regime Condition
19 Class of the land described in subsection (b).
20 (i) WILDFIRE PREVENTION STUDY.—
21 (1) IN GENERAL.—Not later than 180 days after
22 the date of enactment of this Act, the Secretary of Ag-
23 riculture shall initiate a study of the construction
24 and maintenance of a system of strategically placed
25 fuelbreaks to control wildfires in western States.
† HR 3684 EAS
1790
1 (2) REVIEW.—The study under paragraph (1)
2 shall review—
3 (A) a full suite of manual, chemical, and
4 mechanical treatments; and
5 (B) the effectiveness of the system described
6 in that paragraph in reducing wildfire risk and
7 protecting communities.
8 (3) DETERMINATION.—Not later than 90 days
9 after the date of completion of the study under para-
10 graph (1), the Secretary of Agriculture shall deter-
11 mine whether to initiate the preparation of a pro-
12 grammatic environmental impact statement imple-
13 menting the system described in that paragraph in
14 appropriate locations.
15 (j) MONITORING, MAINTENANCE, AND TREATMENT
16 PLAN AND STRATEGY.—
17 (1) IN GENERAL.—Not later than 120 days after
18 the date of enactment of this Act, the Secretary of Ag-
19 riculture and the Secretary of the Interior shall estab-
20 lish a 5-year monitoring, maintenance, and treatment
21 plan that—
22 (A) describes activities under subsection (c)
23 that the Secretary of Agriculture and the Sec-
24 retary of the Interior will take to reduce the risk
25 of wildfire by conducting restoration treatments
† HR 3684 EAS
1791
1 and improving the Fire Regime Condition Class
2 of 10,000,000 acres of Federal land or Tribal
3 Forest land or rangeland that is identified as
4 having very high wildfire hazard potential, not
5 including annual treatments otherwise scheduled;
6 (B) establishes a process for prioritizing
7 treatments in areas and communities at the
8 highest risk of catastrophic wildfires;
9 (C) includes an innovative plan and proc-
10 ess—
11 (i) to leverage public-private partner-
12 ships and resources, shared stewardship
13 agreements, good neighbor agreements, and
14 similar contracting authorities;
15 (ii) to prioritize projects for which any
16 applicable processes under the National En-
17 vironmental Policy Act of 1969 (42 U.S.C.
18 4321 et seq.) have been completed as of the
19 date of enactment of this Act;
20 (iii) to streamline subsequent projects
21 based on existing statutory or regulatory
22 authorities; and
23 (iv) to develop interagency teams to in-
24 crease coordination and efficiency under the
† HR 3684 EAS
1792
1 National Environmental Policy Act of 1969
2 (42 U.S.C. 4321); and
3 (D) establishes a process for coordinating
4 prioritization and treatment with State and
5 local entities and affected stakeholders.
6 (2) STRATEGY.—Not later than 5 years after the
7 date of enactment of this Act, the Secretary of Agri-
8 culture and the Secretary of the Interior, in coordina-
9 tion with State and local governments, shall publish
10 a long-term, outcome-based monitoring, maintenance,
11 and treatment strategy—
12 (A) to maintain forest health improvements
13 and wildfire risk reduction accomplished under
14 this section;
15 (B) to continue treatment at levels nec-
16 essary to address the 20,000,000 acres needing
17 priority treatment over the 10-year period begin-
18 ning on the date of publication of the strategy;
19 and
20 (C) to proactively conduct treatment at a
21 level necessary to minimize the risk of wildfire to
22 surrounding at-risk communities.
23 (k) AUTHORIZED HAZARDOUS FUELS PROJECTS.—A
24 project carried out using funding authorized under para-
25 graphs (11)(A)(i), (13), or (14) of subsection (c) shall be
† HR 3684 EAS
1793
1 considered an authorized hazardous fuel reduction project
2 pursuant to section 102 of the Healthy Forests Restoration
3 Act of 2003 (16 U.S.C. 6512).
4 SEC. 40804. ECOSYSTEM RESTORATION.
† HR 3684 EAS
1794
1 (ii) establishing a Working Capital
2 Fund that may be accessed by the Secretary
3 of the Interior or the Secretary of Agri-
4 culture to fund requirements of contracts de-
5 scribed in clause (i), including cancellation
6 and termination costs, consistent with sec-
7 tion 604(h) of the Healthy Forests Restora-
8 tion Act of 2003 (16 U.S.C. 6591c(h)), and
9 periodic payments over the span of the con-
10 tract period; and
11 (B) of which—
12 (i) $50,000,000 shall be made available
13 to the Secretary of the Interior to enter into
14 contracts described in subparagraph (A)(i);
15 (ii) $150,000,000 shall be made avail-
16 able to the Secretary of Agriculture to enter
17 into contracts described in subparagraph
18 (A)(i); and
19 (iii) $100,000,000 shall be made avail-
20 able until expended to the Secretary of the
21 Interior, notwithstanding any other provi-
22 sion of this Act, to establish the Working
23 Capital Fund described in subparagraph
24 (A)(ii);
† HR 3684 EAS
1795
1 (2) $200,000,000 shall be made available to pro-
2 vide to States and Indian Tribes for implementing
3 restoration projects on Federal land pursuant to good
4 neighbor agreements entered into under section 8206
5 of the Agricultural Act of 2014 (16 U.S.C. 2113a) or
6 agreements entered into under section 2(b) of the
7 Tribal Forest Protection Act of 2004 (25 U.S.C.
8 3115a(b)), of which—
9 (A) $40,000,000 shall be made available to
10 the Secretary of the Interior; and
11 (B) $160,000,000 shall be made available to
12 the Secretary of Agriculture;
13 (3) $400,000,000 shall be made available to the
14 Secretary of Agriculture to provide financial assist-
15 ance to facilities that purchase and process byprod-
16 ucts from ecosystem restoration projects in accordance
17 with subsection (d);
18 (4) $400,000,000 shall be made available to the
19 Secretary of the Interior to provide grants to States,
20 territories of the United States, and Indian Tribes for
21 implementing voluntary ecosystem restoration projects
22 on private or public land, in consultation with the
23 Secretary of Agriculture, that—
24 (A) prioritizes funding cross-boundary
25 projects; and
† HR 3684 EAS
1796
1 (B) requires matching funding from the
2 State, territory of the United States, or Indian
3 Tribe to be eligible to receive the funding;
4 (5) $50,000,000 shall be made available to the
5 Secretary of Agriculture to award grants to States
6 and Indian Tribes to establish rental programs for
7 portable skidder bridges, bridge mats, or other tem-
8 porary water crossing structures, to minimize stream
9 bed disturbance on non-Federal land and Federal
10 land;
11 (6) $200,000,000 shall be made available for
12 invasive species detection, prevention, and eradi-
13 cation, including conducting research and providing
14 resources to facilitate detection of invasive species at
15 points of entry and awarding grants for eradication
16 of invasive species on non-Federal land and on Fed-
17 eral land, of which—
18 (A) $100,000,000 shall be made available to
19 the Secretary of the Interior; and
20 (B) $100,000,000 shall be made available to
21 the Secretary of Agriculture;
22 (7) $100,000,000 shall be made available to re-
23 store, prepare, or adapt recreation sites on Federal
24 land, including Indian forest land or rangeland, in
25 accordance with subsection (e);
† HR 3684 EAS
1797
1 (8) $200,000,000 shall be made available to re-
2 store native vegetation and mitigate environmental
3 hazards on mined land on Federal and non-Federal
4 land, of which—
5 (A) $100,000,000 shall be made available to
6 the Secretary of the Interior; and
7 (B) $100,000,000 shall be made available to
8 the Secretary of Agriculture;
9 (9) $200,000,000 shall be made available to es-
10 tablish and implement a national revegetation effort
11 on Federal and non-Federal land, including to imple-
12 ment the National Seed Strategy for Rehabilitation
13 and Restoration, of which—
14 (A) $70,000,000 shall be made available to
15 the Secretary of the Interior; and
16 (B) $130,000,000 shall be made available to
17 the Secretary of Agriculture; and
18 (10) $80,000,000 shall be made available to the
19 Secretary of Agriculture, in coordination with the
20 Secretary of the Interior, to establish a collaborative-
21 based, landscape-scale restoration program to restore
22 water quality or fish passage on Federal land, includ-
23 ing Indian forest land or rangeland, in accordance
24 with subsection (f).
† HR 3684 EAS
1798
1 (c) ECOLOGICAL HEALTH RESTORATION CON-
2 TRACTS.—
† HR 3684 EAS
1799
1 allocations described in paragraph (2) by the date on
2 which the Act making full-year appropriations for the
3 Department of the Interior, Environment, and Re-
4 lated Agencies for the applicable fiscal year is enacted
5 into law, amounts made available under subsection
6 (b)(1)(B) shall be allocated by the President.
7 (d) WOOD PRODUCTS INFRASTRUCTURE.—The Sec-
8 retary of Agriculture, in coordination with the Secretary
9 of the Interior, shall—
10 (1) develop a ranking system that categorizes
11 units of Federal land, including Indian forest land or
12 rangeland, with regard to treating areas at risk of
13 unnaturally severe wildfire or insect or disease infes-
14 tation, as being—
15 (A) very low priority for ecological restora-
16 tion involving vegetation removal;
17 (B) low priority for ecological restoration
18 involving vegetation removal;
19 (C) medium priority for ecological restora-
20 tion involving vegetation removal;
21 (D) high priority for ecological restoration
22 involving vegetation removal; or
23 (E) very high priority for ecological restora-
24 tion involving vegetation removal;
† HR 3684 EAS
1800
1 (2) determine, for a unit identified under para-
2 graph (1) as being high or very high priority for eco-
3 logical restoration involving vegetation removal, if—
4 (A) a sawmill or other wood-processing fa-
5 cility exists in close proximity to, or a forest
6 worker is seeking to conduct restoration treat-
7 ment work on or in close proximity to, the unit;
8 and
9 (B) the presence of a sawmill or other wood-
10 processing facility would substantially decrease
11 or does substantially decrease the cost of con-
12 ducting ecological restoration projects involving
13 vegetation removal;
14 (3) in accordance with any conditions the Sec-
15 retary of Agriculture determines to be necessary,
16 using the amounts made available under subsection
17 (b)(3), provide financial assistance, including a low-
18 interest loan or a loan guarantee, to an entity seeking
19 to establish, reopen, retrofit, expand, or improve a
20 sawmill or other wood-processing facility in close
21 proximity to a unit of Federal land that has been
22 identified under paragraph (1) as high or very high
23 priority for ecological restoration, if the presence of a
24 sawmill or other wood-processing facility would sub-
25 stantially decrease or does substantially decrease the
† HR 3684 EAS
1801
1 cost of conducting ecological restoration projects in-
2 volving vegetation removal on the unit of Federal
3 land, including Indian forest land or rangeland, as
4 determined under paragraph (2)(B); and
5 (4) to the extent practicable, when allocating
6 funding to units of Federal land for ecological res-
7 toration projects involving vegetation removal, give
8 priority to a unit of Federal land that—
9 (A) has been identified under paragraph (1)
10 as being high or very high priority for ecological
11 restoration involving vegetation removal; and
12 (B) has a sawmill or other wood-processing
13 facility—
14 (i) that, as determined under para-
15 graph (2)—
16 (I) exists in close proximity to the
17 unit; and
18 (II) does substantially decrease
19 the cost of conducting ecological res-
20 toration projects involving vegetation
21 removal on the unit; or
22 (ii) that has received financial assist-
23 ance under paragraph (3).
24 (e) RECREATION SITES.—
† HR 3684 EAS
1802
1 (1) SITE RESTORATION AND IMPROVEMENTS.—Of
† HR 3684 EAS
1803
1 ciated salaries and expenses in carrying out that
2 subparagraph.
3 (C) AGREEMENTS.—The Secretary of Agri-
4 culture may enter into a lease or cooperative
5 agreement with a State, Indian Tribe, local gov-
6 ernment, or private entity—
7 (i) to carry out the activities described
8 in subparagraph (A); or
9 (ii) to manage the renting of a cabin
10 or building described in subparagraph (A)
11 to the public.
12 (3) EXCLUSION.—A project shall not be eligible
13 for funding under this subsection if—
14 (A) funding for the project would be used
15 for deferred maintenance, as defined by Federal
16 Accounting Standards Advisory Board; and
17 (B) the Secretary of the Interior or the Sec-
18 retary of Agriculture has identified the project
19 for funding from the National Parks and Public
20 Land Legacy Restoration Fund established by
21 section 200402(a) of title 54, United States Code.
22 (f) COLLABORATIVE-BASED, AQUATIC-FOCUSED, LAND-
23 SCAPE-SCALE RESTORATION PROGRAM.—Subject to the
24 availability of appropriations, not later than 180 days after
25 the date of enactment of this Act, the Secretary of Agri-
† HR 3684 EAS
1804
1 culture shall, in coordination with the Secretary of the Inte-
2 rior and using the amounts made available under sub-
3 section (b)(10)—
4 (1) solicit collaboratively developed proposals
5 that—
6 (A) are for 5-year projects to restore fish
7 passage or water quality on Federal land and
8 non-Federal land to the extent allowed under sec-
9 tion 323(a) of the Department of the Interior
10 and Related Agencies Appropriations Act, 1999
11 (16 U.S.C. 1011a(a)), including Indian forest
12 land or rangeland;
13 (B) contain proposed accomplishments and
14 proposed non-Federal funding; and
15 (C) request not more than $5,000,000 in
16 funding made available under subsection (b)(10);
17 (2) select project proposals for funding in a
18 manner that—
19 (A) gives priority to a project proposal that
20 would result in the most miles of streams being
21 restored for the lowest amount of Federal fund-
22 ing; and
23 (B) discontinues funding for a project that
24 fails to achieve the results included in a proposal
† HR 3684 EAS
1805
1 submitted under paragraph (1) for more than 2
2 consecutive years; and
3 (3) publish a list of—
4 (A) all of the priority watersheds on Na-
5 tional Forest System land;
6 (B) the condition of each priority watershed
7 on the date of enactment of this Act; and
8 (C) the condition of each priority watershed
9 on the date that is 5 years after the date of en-
10 actment of this Act.
11 SEC. 40805. GAO STUDY.
† HR 3684 EAS
1806
1 (b) AUTHORIZATION OF APPROPRIATIONS.—There is
2 authorized to be appropriated to the Comptroller General
3 of the Unites States for the activities described in subsection
4 (a) $800,000.
5 SEC. 40806. ESTABLISHMENT OF FUEL BREAKS IN FORESTS
† HR 3684 EAS
1807
1 (1) IN GENERAL.—The category of forest man-
2 agement activities designated under subsection (b) for
3 a categorical exclusion are forest management activi-
4 ties described in paragraph (2) that are carried out
5 by the Secretary concerned on public lands (as de-
6 fined in section 103 of the Federal Land Policy and
7 Management Act of 1976 (43 U.S.C. 1702)) adminis-
8 tered by the Bureau of Land Management or National
9 Forest System land the primary purpose of which is
10 to establish and maintain linear fuel breaks that
11 are—
12 (A) up to 1,000 feet in width contiguous
13 with or incorporating existing linear features,
14 such as roads, water infrastructure, transmission
15 and distribution lines, and pipelines of any
16 length on Federal land; and
17 (B) intended to reduce the risk of
18 uncharacteristic wildfire on Federal land or cat-
19 astrophic wildfire for an adjacent at-risk com-
20 munity.
21 (2) ACTIVITIES.—Subject to paragraph (3), the
22 forest management activities that may be carried out
23 pursuant to the categorical exclusion established
24 under subsection (b) are—
25 (A) mowing or masticating;
† HR 3684 EAS
1808
1 (B) thinning by manual and mechanical
2 cutting;
3 (C) piling, yarding, and removal of slash or
4 hazardous fuels;
5 (D) selling of vegetation products, including
6 timber, firewood, biomass, slash, and fenceposts;
7 (E) targeted grazing;
8 (F) application of—
9 (i) pesticide;
10 (ii) biopesticide; or
11 (iii) herbicide;
12 (G) seeding of native species;
13 (H) controlled burns and broadcast burn-
14 ing; and
15 (I) burning of piles, including jackpot piles.
16 (3) EXCLUDED ACTIVITIES.—A forest manage-
17 ment activity described in paragraph (2) may not be
18 carried out pursuant to the categorical exclusion es-
19 tablished under subsection (b) if the activity is con-
20 ducted—
21 (A) in a component of the National Wilder-
22 ness Preservation System;
23 (B) on Federal land on which the removal
24 of vegetation is prohibited or restricted by Act of
25 Congress, Presidential proclamation (including
† HR 3684 EAS
1809
1 the applicable implementation plan), or regula-
2 tion;
3 (C) in a wilderness study area; or
4 (D) in an area in which carrying out the
5 activity would be inconsistent with the applica-
6 ble land management plan or resource manage-
7 ment plan.
8 (4) EXTRAORDINARY CIRCUMSTANCES.—The Sec-
9 retary concerned shall apply the extraordinary cir-
10 cumstances procedures under section 220.6 of title 36,
11 Code of Federal Regulations (or a successor regula-
12 tion), in determining whether to use a categorical ex-
13 clusion under subsection (b).
14 (d) ACREAGE AND LOCATION LIMITATIONS.—Treat-
15 ments of vegetation in linear fuel breaks covered by the cat-
16 egorical exclusion established under subsection (b)—
17 (1) may not contain treatment units in excess of
18 3,000 acres;
19 (2) shall be located primarily in—
20 (A) the wildland-urban interface or a public
21 drinking water source area;
22 (B) if located outside the wildland-urban
23 interface or a public drinking water source area,
24 an area within Condition Class 2 or 3 in Fire
† HR 3684 EAS
1810
1 Regime Group I, II, or III that contains very
2 high wildfire hazard potential; or
3 (C) an insect or disease area designated by
4 the Secretary concerned as of the date of enact-
5 ment of this Act; and
6 (3) shall consider the best available scientific in-
7 formation.
8 (e) ROADS.—
9 (1) PERMANENT ROADS.—A project under this
10 section shall not include the establishment of perma-
11 nent roads.
12 (2) EXISTING ROADS.—The Secretary concerned
13 may carry out necessary maintenance and repairs on
14 existing permanent roads for the purposes of this sec-
15 tion.
16 (3) TEMPORARY ROADS.—The Secretary con-
17 cerned shall decommission any temporary road con-
18 structed under a project under this section not later
19 than 3 years after the date on which the project is
20 completed.
21 (f) PUBLIC COLLABORATION.—To encourage meaning-
22 ful public participation during the preparation of a project
23 under this section, the Secretary concerned shall facilitate,
24 during the preparation of each project—
† HR 3684 EAS
1811
1 (1) collaboration among State and local govern-
2 ments and Indian Tribes; and
3 (2) participation of interested persons.
4 SEC. 40807. EMERGENCY ACTIONS.
† HR 3684 EAS
1812
1 a determination made by the Secretary under sub-
2 section (b)(1)(A).
3 (4) LAND AND RESOURCE MANAGEMENT PLAN.—
† HR 3684 EAS
1813
1 (C) BASIS OF DETERMINATION.—An emer-
2 gency situation determination shall be based on
3 an examination of the relevant information.
4 (2) AUTHORIZED EMERGENCY ACTIONS.—After
† HR 3684 EAS
1814
1 (E) the removal of hazardous trees in close
2 proximity to roads and trails;
3 (F) the removal of hazardous fuels;
4 (G) the restoration of water sources or in-
5 frastructure;
6 (H) the reconstruction of existing utility
7 lines; and
8 (I) the replacement of underground cables.
9 (3) RELATION TO LAND AND RESOURCE MANAGE-
† HR 3684 EAS
1815
1 gating foreseeable adverse environmental effects,
2 to the extent practicable; and
3 (B) the alternative of no action.
4 (2) PUBLIC NOTICE.—The Secretary shall pro-
5 vide notice of each authorized emergency action that
6 the Secretary determines requires an environmental
7 assessment or environmental impact statement under
8 paragraph (1), in accordance with applicable regula-
9 tions and administrative guidelines.
10 (3) PUBLIC COMMENT.—The Secretary shall pro-
11 vide an opportunity for public comment during the
12 preparation of any environmental assessment or envi-
13 ronmental impact statement under paragraph (1).
14 (4) SAVINGS CLAUSE.—Nothing in this sub-
15 section prohibits the Secretary from—
16 (A) making an emergency situation deter-
17 mination, including a determination that an
18 emergency exists pursuant to section 218.21(a) of
19 title 36, Code of Federal Regulations (or suc-
20 cessor regulations); or
21 (B) taking an emergency action under sec-
22 tion 220.4(b) of title 36, Code of Federal Regula-
23 tions (or successor regulations).
24 (d) ADMINISTRATIVE REVIEW OF AUTHORIZED EMER-
25 GENCY ACTIONS.—An authorized emergency action carried
† HR 3684 EAS
1816
1 out under this section shall not be subject to objection under
2 the predecisional administrative review processes estab-
3 lished under section 105 of the Healthy Forests Restoration
4 Act of 2003 (16 U.S.C. 6515) and section 428 of the Depart-
5 ment of the Interior, Environment, and Related Agencies
6 Appropriations Act, 2012 (16 U.S.C. 6515 note; Public Law
7 112–74).
8 (e) JUDICIAL REVIEW OF EMERGENCY ACTIONS.—A
9 court shall not enjoin an authorized emergency action
10 under this section if the court determines that the plaintiff
11 is unable to demonstrate that the claim of the plaintiff is
12 likely to succeed on the merits.
13 (f) NOTIFICATION AND GUIDANCE.—The Secretary
14 shall provide notification and guidance to each local field
15 office of the Forest Service to ensure awareness of, compli-
16 ance with, and appropriate use of the authorized emergency
17 action authority under this section.
18 SEC. 40808. JOINT CHIEFS LANDSCAPE RESTORATION
19 PARTNERSHIP PROGRAM.
† HR 3684 EAS
1817
1 (A) to reduce the risk of wildfire;
2 (B) to protect water quality and supply; or
3 (C) to improve wildlife habitat for at-risk
4 species.
5 (3) PROGRAM.—The term ‘‘Program’’ means the
6 Joint Chiefs Landscape Restoration Partnership pro-
7 gram established under subsection (b)(1).
8 (4) SECRETARY.—The term ‘‘Secretary’’ means
9 the Secretary of Agriculture.
10 (5) WILDLAND-URBAN INTERFACE.—The term
11 ‘‘wildland-urban interface’’ has the meaning given the
12 term in section 101 of the Healthy Forests Restora-
13 tion Act of 2003 (16 U.S.C. 6511).
14 (b) ESTABLISHMENT.—
15 (1) IN GENERAL.—The Secretary shall establish
16 a Joint Chiefs Landscape Restoration Partnership
17 program to improve the health and resilience of forest
18 landscapes across National Forest System land and
19 State, Tribal, and private land.
20 (2) ADMINISTRATION.—The Secretary shall ad-
21 minister the Program by coordinating eligible activi-
22 ties conducted on National Forest System land and
23 State, Tribal, or private land across a forest land-
24 scape to improve the health and resilience of the forest
25 landscape by—
† HR 3684 EAS
1818
1 (A) assisting producers and landowners in
2 implementing eligible activities on eligible pri-
3 vate or Tribal land using the applicable pro-
4 grams and authorities administered by the Chief
5 of the Natural Resources Conservation Service
6 under title XII of the Food Security Act of 1985
7 (16 U.S.C. 3801 et seq.), not including the con-
8 servation reserve program established under sub-
9 chapter B of chapter 1 of subtitle D of that title
10 (16 U.S.C. 3831 et seq.); and
11 (B) conducting eligible activities on Na-
12 tional Forest System land or assisting land-
13 owners in implementing eligible activities on
14 State, Tribal, or private land using the applica-
15 ble programs and authorities administered by
16 the Chief of the Forest Service.
17 (c) SELECTION OF ELIGIBLE ACTIVITIES.—The appro-
18 priate Regional Forester and State Conservationist shall
19 jointly submit to the Chiefs on an annual basis proposals
20 for eligible activities under the Program.
21 (d) EVALUATION CRITERIA.—In evaluating and select-
22 ing proposals submitted under subsection (c), the Chiefs
23 shall consider—
24 (1) criteria including whether the proposal—
† HR 3684 EAS
1819
1 (A) reduces wildfire risk in a municipal
2 watershed or the wildland-urban interface;
3 (B) was developed through a collaborative
4 process with participation from diverse stake-
5 holders;
6 (C) increases forest workforce capacity or
7 forest business infrastructure and development;
8 (D) leverages existing authorities and non-
9 Federal funding;
10 (E) provides measurable outcomes; or
11 (F) supports established State and regional
12 priorities; and
13 (2) such other criteria relating to the merits of
14 the proposals as the Chiefs determine to be appro-
15 priate.
16 (e) OUTREACH.—The Secretary shall provide—
17 (1) public notice on the websites of the Forest
18 Service and the Natural Resources Conservation Serv-
19 ice describing—
20 (A) the solicitation of proposals under sub-
21 section (c); and
22 (B) the criteria for selecting proposals in
23 accordance with subsection (d); and
24 (2) information relating to the Program and ac-
25 tivities funded under the Program to States, Indian
† HR 3684 EAS
1820
1 Tribes, units of local government, and private land-
2 owners.
3 (f) EXCLUSIONS.—An eligible activity may not be car-
4 ried out under the Program—
5 (1) in a wilderness area or designated wilderness
6 study area;
7 (2) in an inventoried roadless area;
8 (3) on any Federal land on which, by Act of
9 Congress or Presidential proclamation, the removal of
10 vegetation is restricted or prohibited; or
11 (4) in an area in which the eligible activity
12 would be inconsistent with the applicable land and
13 resource management plan.
14 (g) ACCOUNTABILITY.—
15 (1) INITIAL REPORT.—Not later than 1 year
16 after the date of enactment of this Act, the Secretary
17 shall submit to Congress a report providing rec-
18 ommendations to Congress relating to the Program,
19 including a review of—
20 (A) funding mechanisms for the Program;
21 (B) staff capacity to carry out the Program;
22 (C) privacy laws applicable to the Program;
23 (D) data collection under the Program;
24 (E) monitoring and outcomes under the
25 Program; and
† HR 3684 EAS
1821
1 (F) such other matters as the Secretary con-
2 siders to be appropriate.
3 (2) ADDITIONAL REPORTS.—For each of fiscal
4 years 2022 and 2023, the Chiefs shall submit to the
5 Committee on Agriculture, Nutrition, and Forestry
6 and the Committee on Appropriations of the Senate
7 and the Committee on Agriculture and the Committee
8 on Appropriations of the House of Representatives a
9 report describing projects for which funding is pro-
10 vided under the Program, including the status and
11 outcomes of those projects.
12 (h) FUNDING.—
13 (1) AUTHORIZATION OF APPROPRIATIONS.—
† HR 3684 EAS
1822
1 (4) DISTRIBUTION OF FUNDS.—Of the funds
2 made available under paragraph (1)—
3 (A) not less than 40 percent shall be allo-
4 cated to carry out eligible activities through the
5 Natural Resources Conservation Service;
6 (B) not less than 40 percent shall be allo-
7 cated to carry out eligible activities through the
8 Forest Service; and
9 (C) the remaining funds shall be allocated
10 by the Chiefs to the Natural Resources Conserva-
11 tion Service or the Forest Service—
12 (i) to carry out eligible activities; or
13 (ii) for other purposes, such as tech-
14 nical assistance, project development, or
15 local capacity building.
16 TITLE IX—WESTERN WATER
17 INFRASTRUCTURE
18 SEC. 40901. AUTHORIZATIONS OF APPROPRIATIONS.
† HR 3684 EAS
1823
1 made available to provide grants to plan and con-
2 struct small surface water and groundwater storage
3 projects in accordance with section 40903;
4 (2) $3,200,000,000 for the Aging Infrastructure
5 Account established by subsection (d)(1) of section
6 9603 of the Omnibus Public Land Management Act
7 of 2009 (43 U.S.C. 510b), to be made available for ac-
8 tivities in accordance with that subsection, including
9 major rehabilitation and replacement activities, as
10 identified in the Asset Management Report of the Bu-
11 reau of Reclamation dated April 2021, of which—
12 (A) $100,000,000 shall be made available
13 for Bureau of Reclamation reserved or trans-
14 ferred works that have suffered a critical failure,
15 in accordance with section 40904(a); and
16 (B) $100,000,000 shall be made available
17 for the rehabilitation, reconstruction, or replace-
18 ment of a dam in accordance with section
19 40904(b);
20 (3) $1,000,000,000 for rural water projects that
21 have been authorized by an Act of Congress before
22 July 1, 2021, in accordance with the Reclamation
23 Rural Water Supply Act of 2006 (43 U.S.C. 2401 et
24 seq.);
† HR 3684 EAS
1824
1 (4) $1,000,000,000 for water recycling and reuse
2 projects, of which—
3 (A) $550,000,000 shall be made available
4 for water recycling and reuse projects authorized
5 in accordance with the Reclamation Wastewater
6 and Groundwater Study and Facilities Act (43
7 U.S.C. 390h et seq.) that are—
8 (i) authorized or approved for con-
9 struction funding by an Act of Congress be-
10 fore the date of enactment of this Act; or
11 (ii) selected for funding under the com-
12 petitive grant program authorized pursuant
13 to section 1602(f) of the Reclamation Waste-
14 water and Groundwater Study and Facili-
15 ties Act (43 U.S.C. 390h(f)), with funding
16 under this subparagraph to be provided in
17 accordance with that section, notwith-
18 standing section 4013 of the Water Infra-
19 structure Improvements for the Nation Act
20 (43 U.S.C. 390b note; Public Law 114–
21 322), except that section 1602(g)(2) of the
22 Reclamation Wastewater and Groundwater
23 Study and Facilities Act (43 U.S.C.
24 390h(g)(2)) shall not apply to amounts
† HR 3684 EAS
1825
1 made available under this subparagraph;
2 and
3 (B) $450,000,000 shall be made available
4 for large-scale water recycling and reuse projects
5 in accordance with section 40905;
6 (5) $250,000,000 for water desalination projects
7 and studies authorized in accordance with the Water
8 Desalination Act of 1996 (42 U.S.C. 10301 note; Pub-
9 lic Law 104–298) that are—
10 (A) authorized or approved for construction
11 funding by an Act of Congress before July 1,
12 2021; or
13 (B) selected for funding under the program
14 authorized pursuant to section 4(a) of the Water
15 Desalination Act of 1996 (42 U.S.C. 10301 note;
16 Public Law 104–298), with funding to be made
17 available under this paragraph in accordance
18 with that subsection, notwithstanding section
19 4013 of the Water Infrastructure Improvements
20 for the Nation Act (43 U.S.C. 390b note; Public
21 Law 114–322), except that paragraph (2)(F) of
22 section 4(a) of the Water Desalination Act of
23 1996 (42 U.S.C. 10301 note; Public Law 104–
24 298) (as redesignated by section 40908) shall not
† HR 3684 EAS
1826
1 apply to amounts made available under this
2 paragraph;
3 (6) $500,000,000 for the safety of dams program,
4 in accordance with the Reclamation Safety of Dams
5 Act of 1978 (43 U.S.C. 506 et seq.);
6 (7) $400,000,000 for WaterSMART grants in ac-
7 cordance with section 9504 of the Omnibus Public
8 Land Management Act of 2009 (42 U.S.C. 10364), of
9 which $100,000,000 shall be made available for
10 projects that would improve the condition of a nat-
11 ural feature or nature-based feature (as those terms
12 are defined in section 9502 of the Omnibus Public
13 Land Management Act of 2009 (42 U.S.C. 10362));
14 (8) subject to section 40906, $300,000,000 for
15 implementing the Colorado River Basin Drought
16 Contingency Plan, consistent with the obligations of
17 the Secretary under the Colorado River Drought Con-
18 tingency Plan Authorization Act (Public Law 116–
19 14; 133 Stat. 850) and related agreements, of which
20 $50,000,000 shall be made available for use in accord-
21 ance with the Drought Contingency Plan for the
22 Upper Colorado River Basin;
23 (9) $100,000,000 to provide financial assistance
24 for watershed management projects in accordance
25 with subtitle A of title VI of the Omnibus Public
† HR 3684 EAS
1827
1 Land Management Act of 2009 (16 U.S.C. 1015 et
2 seq.);
3 (10) $250,000,000 for design, study, and con-
4 struction of aquatic ecosystem restoration and protec-
5 tion projects in accordance with section 1109 of divi-
6 sion FF of the Consolidated Appropriations Act, 2021
7 (Public Law 116–260);
8 (11) $100,000,000 for multi-benefit projects to
9 improve watershed health in accordance with section
10 40907; and
11 (12) $50,000,000 for endangered species recovery
12 and conservation programs in the Colorado River
13 Basin in accordance with—
14 (A) Public Law 106–392 (114 Stat. 1602);
15 (B) the Grand Canyon Protection Act of
16 1992 (Public Law 102–575; 106 Stat. 4669); and
17 (C) subtitle E of title IX of the Omnibus
18 Public Land Management Act of 2009 (Public
19 Law 111–11; 123 Stat. 1327).
20 SEC. 40902. WATER STORAGE, GROUNDWATER STORAGE,
† HR 3684 EAS
1828
1 (A) IN GENERAL.—A feasibility study shall
2 only be eligible for funding under section
3 40901(1) if—
4 (i) the feasibility study has been au-
5 thorized by an Act of Congress before the
6 date of enactment of this Act;
7 (ii) Congress has approved funding for
8 the feasibility study in accordance with sec-
9 tion 4007 of the Water Infrastructure Im-
10 provements for the Nation Act (43 U.S.C.
11 390b note; Public Law 114–322) before the
12 date of enactment of this Act; or
13 (iii) the feasibility study is authorized
14 under subparagraph (B).
15 (B) FEASIBILITY STUDY AUTHORIZA-
† HR 3684 EAS
1829
1 (A) an Act of Congress enacted before the
2 date of enactment of this Act authorizes construc-
3 tion of the project;
4 (B) Congress has approved funding for con-
5 struction of the project in accordance with sec-
6 tion 4007 of the Water Infrastructure Improve-
7 ments for the Nation Act (43 U.S.C. 390b note;
8 Public Law 114–322) before the date of enact-
9 ment of this Act, except for any project for
10 which—
11 (i) Congress did not approve the rec-
12 ommendation of the Secretary for funding
13 under subsection (h)(2) of that section for at
14 least 1 fiscal year before the date of enact-
15 ment of this Act; or
16 (ii) State funding for the project was
17 rescinded by the State before the date of en-
18 actment of this Act; or
19 (C)(i) Congress has authorized or approved
20 funding for a feasibility study for the project in
21 accordance with clause (i) or (ii) of paragraph
22 (1)(A) (except that projects described in clauses
23 (i) and (ii) of subparagraph (B) shall not be eli-
24 gible); and
† HR 3684 EAS
1830
1 (ii) on completion of the feasibility study
2 for the project, the Secretary—
3 (I) finds the project to be technically
4 and financially feasible in accordance with
5 the reclamation laws;
6 (II) determines that sufficient non-Fed-
7 eral funding is available for the non-Fed-
8 eral cost share of the project; and
9 (III)(aa) finds the project to be in the
10 public interest; and
11 (bb) recommends the project for con-
12 struction.
13 (b) COST-SHARING REQUIREMENT.—
14 (1) IN GENERAL.—The Federal share—
15 (A) for a project authorized by an Act of
16 Congress shall be determined in accordance with
17 that Act;
18 (B) for a project approved by Congress in
19 accordance with section 4007 of the Water Infra-
20 structure Improvements for the Nation Act (43
21 U.S.C. 390b note; Public Law 114–322) (includ-
22 ing construction resulting from a feasibility
23 study authorized under that Act) shall be as pro-
24 vided in that Act; and
† HR 3684 EAS
1831
1 (C) for a project not described in subpara-
2 graph (A) or (B)—
3 (i) in the case of a federally owned
4 project, shall not exceed 50 percent of the
5 total cost of the project; and
6 (ii) in the case of a non-Federal
7 project, shall not exceed 25 percent of the
8 total cost of the project.
9 (2) FEDERAL BENEFITS.—Before funding a
10 project under this section, the Secretary shall deter-
11 mine that, in return for the Federal investment in the
12 project, at least a proportionate share of the benefits
13 are Federal benefits.
14 (3) REIMBURSABILITY.—The reimbursability of
15 Federal funding of projects under this section shall be
16 in accordance with the reclamation laws.
17 (c) ENVIRONMENTAL LAWS.—In providing funding for
18 a project under this section, the Secretary shall comply with
19 all applicable environmental laws, including the National
20 Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
21 SEC. 40903. SMALL WATER STORAGE AND GROUNDWATER
22 STORAGE PROJECTS.
† HR 3684 EAS
1832
1 petitive grant program, under which the non-Federal
2 project sponsor of any project in a Reclamation State, in-
3 cluding the State of Alaska or Hawaii, determined by the
4 Secretary to be feasible under subsection (b)(2)(B) shall be
5 eligible to apply for funding for the planning, design, and
6 construction of the project.
7 (b) ELIGIBILITY AND SELECTION.—
8 (1) SUBMISSION TO THE SECRETARY.—
† HR 3684 EAS
1833
1 (C) GUIDELINES.—Not later than 60 days
2 after the date of enactment of this Act, the Sec-
3 retary shall issue guidelines for feasibility stud-
4 ies for small storage projects to provide sufficient
5 information for the formulation of the studies.
6 (2) REVIEW BY THE SECRETARY.—The Secretary
7 shall review each feasibility study received under
8 paragraph (1)(A) for the purpose of determining
9 whether—
10 (A) the feasibility study, and the process
11 under which the study was developed, each com-
12 ply with Federal laws (including regulations)
13 applicable to feasibility studies of small storage
14 projects;
15 (B) the project is technically and finan-
16 cially feasible, in accordance with—
17 (i) the guidelines developed under
18 paragraph (1)(C); and
19 (ii) the reclamation laws; and
20 (C) the project provides a Federal benefit,
21 as determined by the Secretary.
22 (3) SUBMISSION TO CONGRESS.—Not later than
23 180 days after the date of receipt of a feasibility
24 study received under paragraph (1)(A), the Secretary
25 shall submit to the Committee on Energy and Natural
† HR 3684 EAS
1834
1 Resources of the Senate and the Committee on Nat-
2 ural Resources of the House of Representatives a re-
3 port that describes—
4 (A) the results of the review of the study by
5 the Secretary under paragraph (2), including a
6 determination of whether the project is feasible
7 and provides a Federal benefit;
8 (B) any recommendations that the Sec-
9 retary may have concerning the plan or design
10 of the project; and
11 (C) any conditions the Secretary may re-
12 quire for construction of the project.
13 (4) ELIGIBILITY FOR FUNDING.—
† HR 3684 EAS
1835
1 (5) PRIORITY.—In awarding grants to projects
2 under this section, the Secretary shall give priority to
3 projects that meet 1 or more of the following criteria:
4 (A) Projects that are likely to provide a
5 more reliable water supply for States, Indian
6 Tribes, and local governments, including subdivi-
7 sions of those entities.
8 (B) Projects that are likely to increase
9 water management flexibility and reduce im-
10 pacts on environmental resources from projects
11 operated by Federal and State agencies.
12 (C) Projects that are regional in nature.
13 (D) Projects with multiple stakeholders.
14 (E) Projects that provide multiple benefits,
15 including water supply reliability, ecosystem
16 benefits, groundwater management and enhance-
17 ments, and water quality improvements.
18 (c) CEILING ON FEDERAL SHARE.—The Federal share
19 of the costs of each of the individual projects selected under
20 this section shall not exceed the lesser of—
21 (1) 25 percent of the total project cost; or
22 (2) $30,000,000.
23 (d) ENVIRONMENTAL LAWS.—In providing funding for
24 a grant for a project under this section, the Secretary shall
25 comply with all applicable environmental laws, including
† HR 3684 EAS
1836
1 the National Environmental Policy Act of 1969 (42 U.S.C.
2 4321 et seq.).
3 (e) TERMINATION OF AUTHORITY.—The authority to
4 carry out this section terminates on the date that is 5 years
5 after the date of enactment of this Act.
6 SEC. 40904. CRITICAL MAINTENANCE AND REPAIR.
† HR 3684 EAS
1837
1 reserved work, regardless of whether the critical fail-
2 ure was limited to a single project of the overall work.
3 (3) NONREIMBURSABLE FUNDS.—Notwith-
† HR 3684 EAS
1838
1 (4) for which the estimated rehabilitation, recon-
2 struction, or replacement, engineering, and permit-
3 ting costs would exceed $50,000,000.
4 SEC. 40905. COMPETITIVE GRANT PROGRAM FOR LARGE-
6 GRAM.
† HR 3684 EAS
1839
1 (4) RECLAMATION STATE.—The term ‘‘Reclama-
2 tion State’’ means a State or territory described in
3 the first section of the Act of June 17, 1902 (43
4 U.S.C. 391; 32 Stat. 388, chapter 1093).
5 (b) ESTABLISHMENT.—The Secretary shall establish a
6 program to provide grants to eligible entities on a competi-
7 tive basis for the planning, design, and construction of
8 large-scale water recycling and reuse projects that provide
9 substantial water supply and other benefits to the Reclama-
10 tion States in accordance with this section.
11 (c) ELIGIBLE PROJECT.—A project shall be eligible for
12 a grant under this section if the project—
13 (1) reclaims and reuses—
14 (A) municipal, industrial, domestic, or ag-
15 ricultural wastewater; or
16 (B) impaired groundwater or surface water;
17 (2) has a total estimated cost of $500,000,000 or
18 more;
19 (3) is located in a Reclamation State;
20 (4) is constructed, operated, and maintained by
21 an eligible entity; and
22 (5) provides a Federal benefit in accordance with
23 the reclamation laws.
24 (d) PROJECT EVALUATION.—The Secretary may pro-
25 vide a grant to an eligible project under the program if—
† HR 3684 EAS
1840
1 (1) the eligible entity determines through the
2 preparation of a feasibility study or equivalent study,
3 and the Secretary concurs, that the eligible project—
4 (A) is technically and financially feasible;
5 (B) provides a Federal benefit in accord-
6 ance with the reclamation laws; and
7 (C) is consistent with applicable Federal
8 and State laws;
9 (2) the eligible entity has sufficient non-Federal
10 funding available to complete the eligible project, as
11 determined by the Secretary;
12 (3) the eligible entity is financially solvent, as
13 determined by the Secretary; and
14 (4) not later than 30 days after the date on
15 which the Secretary concurs with the determinations
16 under paragraph (1) with respect to the eligible
17 project, the Secretary submits to Congress written no-
18 tice of the determinations.
19 (e) PRIORITY.—In providing grants to eligible projects
20 under the program, the Secretary shall give priority to eli-
21 gible projects that meet 1 or more of the following criteria:
22 (1) The eligible project provides multiple bene-
23 fits, including—
24 (A) water supply reliability benefits for
25 drought-stricken States and communities;
† HR 3684 EAS
1841
1 (B) fish and wildlife benefits; and
2 (C) water quality improvements.
3 (2) The eligible project is likely to reduce im-
4 pacts on environmental resources from water projects
5 owned or operated by Federal and State agencies, in-
6 cluding through measurable reductions in water di-
7 versions from imperiled ecosystems.
8 (3) The eligible project would advance water
9 management plans across a multi-State area, such as
10 drought contingency plans in the Colorado River
11 Basin.
12 (4) The eligible project is regional in nature.
13 (5) The eligible project is collaboratively devel-
14 oped or supported by multiple stakeholders.
15 (f) FEDERAL ASSISTANCE.—
16 (1) FEDERAL COST SHARE.—The Federal share
17 of the cost of any project provided a grant under the
18 program shall not exceed 25 percent of the total cost
19 of the eligible project.
20 (2) TOTAL DOLLAR CAP.—The Secretary shall
21 not impose a total dollar cap on Federal contribu-
22 tions for all eligible individual projects provided a
23 grant under the program.
† HR 3684 EAS
1842
1 (3) NONREIMBURSABLE FUNDS.—Any funds pro-
2 vided by the Secretary to an eligible entity under the
3 program shall be considered nonreimbursable.
4 (4) FUNDING ELIGIBILITY.—An eligible project
5 shall not be considered ineligible for assistance under
6 the program because the eligible project has received
7 assistance under—
8 (A) the Reclamation Wastewater and
9 Groundwater Study and Facilities Act (43
10 U.S.C. 390h et seq.);
11 (B) section 4(a) of the Water Desalination
12 Act of 1996 (42 U.S.C. 10301 note; Public Law
13 104–298) for eligible desalination projects; or
14 (C) section 1602(e) of the Reclamation
15 Wastewater and Groundwater Study and Facili-
16 ties Act (43 U.S.C. 390h(e)).
17 (g) ENVIRONMENTAL LAWS.—In providing a grant for
18 an eligible project under the program, the Secretary shall
19 comply with all applicable environmental laws, including
20 the National Environmental Policy Act of 1969 (42 U.S.C.
21 4321 et seq.).
22 (h) GUIDANCE.—Not later than 1 year after the date
23 of enactment of this Act, the Secretary shall issue guidance
24 on the implementation of the program, including guidelines
† HR 3684 EAS
1843
1 for the preparation of feasibility studies or equivalent stud-
2 ies by eligible entities.
3 (i) REPORTS.—
4 (1) ANNUAL REPORT.—At the end of each fiscal
5 year, the Secretary shall make available on the
6 website of the Department of the Interior an annual
7 report that lists each eligible project for which a grant
8 has been awarded under this section during the fiscal
9 year.
10 (2) COMPTROLLER GENERAL.—
† HR 3684 EAS
1844
1 (i) the adequacy and effectiveness of the
2 process by which each eligible project was
3 selected, if applicable; and
4 (ii) the justification and criteria used
5 for the selection of each eligible project, if
6 applicable.
7 (j) TREATMENT OF CONVEYANCE.—The Secretary shall
8 consider the planning, design, and construction of a convey-
9 ance system for an eligible project to be eligible for grant
10 funding under the program.
11 (k) TERMINATION OF AUTHORITY.—The authority to
12 carry out this section terminates on the date that is 5 years
13 after the date of enactment of this Act.
14 SEC. 40906. DROUGHT CONTINGENCY PLAN FUNDING RE-
15 QUIREMENTS.
† HR 3684 EAS
1845
1 (b) LIMITATION.—None of the funds made available
2 under section 40901(8) may be used for the operation of
3 the Yuma Desalting Plant.
4 (c) EFFECT.—Nothing in section 40901(8) limits exist-
5 ing or future opportunities to augment the water supplies
6 of the Colorado River.
7 SEC. 40907. MULTI-BENEFIT PROJECTS TO IMPROVE WATER-
8 SHED HEALTH.
† HR 3684 EAS
1846
1 is adversely impacted by a Bureau of Reclamation water
2 project by accomplishing 1 or more of the following:
3 (1) Ecosystem benefits.
4 (2) Restoration of native species.
5 (3) Mitigation against the impacts of climate
6 change to fish and wildlife habitats.
7 (4) Protection against invasive species.
8 (5) Restoration of aspects of the natural eco-
9 system.
10 (6) Enhancement of commercial, recreational,
11 subsistence, or Tribal ceremonial fishing.
12 (7) Enhancement of river-based recreation.
13 (c) REQUIREMENTS.—
14 (1) IN GENERAL.—In awarding a grant to an el-
15 igible applicant under subsection (b), the Secretary—
16 (A) shall give priority to an eligible appli-
17 cant that would carry out a habitat restoration
18 project that achieves more than 1 of the benefits
19 described in that subsection; and
20 (B) may not provide a grant to carry out
21 a habitat restoration project the purpose of
22 which is to meet existing environmental mitiga-
23 tion or compliance obligations under Federal or
24 State law.
† HR 3684 EAS
1847
1 (2) COMPLIANCE.—A habitat restoration project
2 awarded a grant under subsection (b) shall comply
3 with all applicable Federal and State laws.
4 (d) COST-SHARING REQUIREMENT.—The Federal
5 share of the cost of any habitat restoration project that is
6 awarded a grant under subsection (b)—
7 (1) shall not exceed 50 percent of the cost of the
8 habitat restoration project; or
9 (2) in the case of a habitat restoration project
10 that provides benefits to ecological or recreational val-
11 ues in which the nonconsumptive water conservation
12 benefit or habitat restoration benefit accounts for at
13 least 75 percent of the cost of the habitat restoration
14 project, as determined by the Secretary, shall not ex-
15 ceed 75 percent of the cost of the habitat restoration
16 project.
17 SEC. 40908. ELIGIBLE DESALINATION PROJECTS.
† HR 3684 EAS
1848
1 SEC. 40909. CLARIFICATION OF AUTHORITY TO USE
† HR 3684 EAS
1849
1 (c) EFFECTIVE DATE.—The amendments made by this
2 section shall take effect as if included in the enactment of
3 section 9901 of the American Rescue Plan Act of 2021 (Pub-
4 lic Law 117–2; 135 Stat. 223).
5 SEC. 40910. FEDERAL ASSISTANCE FOR GROUNDWATER RE-
† HR 3684 EAS
1850
1 project meets the conditions for funding under section
2 40902(a)(2)(C)(ii).
3 (d) COST SHARING.—Cost sharing for a project funded
4 under this section shall be in accordance with section
5 40902(b).
6 (e) ENVIRONMENTAL LAWS.—In providing funding for
7 a project under this section, the Secretary shall comply with
8 all applicable environmental laws, including —
9 (1) the National Environmental Policy Act of
10 1969 (42 U.S.C. 4321 et seq.);
11 (2) any obligations for fish, wildlife, or water
12 quality protection in permits or licenses granted by
13 a Federal agency or a State; and
14 (3) any applicable Federal or State laws (in-
15 cluding regulations).
16 (f) AUTHORIZATION BY CONGRESS FOR MAJOR
17 PROJECT CONSTRUCTION.—A project with a total estimated
18 cost of $500,000,000 or more shall only be eligible for con-
19 struction funding under this section if the project is author-
20 ized for construction by an Act of Congress.
† HR 3684 EAS
1851
1 TITLE X—AUTHORIZATION OF
2 APPROPRIATIONS FOR EN-
3 ERGY ACT OF 2020
4 SEC. 41001. ENERGY STORAGE DEMONSTRATION PROJECTS.
18 GRAM.
† HR 3684 EAS
1852
1 (1) $511,000,000 for fiscal year 2022;
2 (2) $506,000,000 for fiscal year 2023;
3 (3) $636,000,000 for fiscal year 2024;
4 (4) $824,000,000 for fiscal year 2025;
5 (5) $453,000,000 for fiscal year 2026; and
6 (6) $281,000,000 for fiscal year 2027.
7 (b) TECHNICAL CORRECTIONS.—
8 (1) DEFINITION OF ADVANCED NUCLEAR REAC-
† HR 3684 EAS
1853
1 SEC. 41003. MINERAL SECURITY PROJECTS.
8 PROGRAMS.
† HR 3684 EAS
1855
1 (3) $600,000,000 for fiscal year 2025.
2 SEC. 41005. DIRECT AIR CAPTURE TECHNOLOGIES PRIZE
3 COMPETITIONS.
† HR 3684 EAS
1856
1 Security Act of 2007 (42 U.S.C. 17215) $40,000,000 for the
2 period of fiscal years 2022 through 2025.
3 SEC. 41007. RENEWABLE ENERGY PROJECTS.
† HR 3684 EAS
1857
1 (2) to carry out activities under section
2 3004(b)(3) of the Energy Act of 2020 (42 U.S.C.
3 16238(b)(3)), $20,000,000 for the period of fiscal
4 years 2022 through 2025; and
5 (3) to carry out activities under section
6 3004(b)(4) of the Energy Act of 2020 (42 U.S.C.
7 16238(b)(4)), $20,000,000 for the period of fiscal
8 years 2022 through 2025.
9 (d) CLARIFICATION.—Amounts authorized to be appro-
10 priated under subsection (b) are authorized to be a part
11 of, and not in addition to, any amounts authorized to be
12 appropriated by section 3003(b)(7) of the Energy Act of
13 2020 (42 U.S.C. 16237(b)(7)).
14 SEC. 41008. INDUSTRIAL EMISSIONS DEMONSTRATION
15 PROJECTS.
† HR 3684 EAS
1858
1 TITLE XI—WAGE RATE
2 REQUIREMENTS
3 SEC. 41101. WAGE RATE REQUIREMENTS.
† HR 3684 EAS
1859
1 (A) receives or is eligible to receive funding
2 from the Secretary; and
3 (B) is authorized under—
4 (i) this division; or
5 (ii) the Energy Act of 2020 (Public
6 Law 116–260; 134 Stat. 1182).
7 (2) PROGRAM.—The term ‘‘program’’ means the
8 program established under subsection (b).
9 (b) ESTABLISHMENT.—The Secretary, in coordination
10 with the heads of relevant program offices of the Depart-
11 ment, shall establish a program to conduct project manage-
12 ment and oversight of covered projects, including by—
13 (1) conducting evaluations of proposals for cov-
14 ered projects before the selection of a covered project
15 for funding;
16 (2) conducting independent oversight of the exe-
17 cution of a covered project after funding has been
18 awarded for that covered project; and
19 (3) ensuring a balanced portfolio of investments
20 in covered projects.
21 (c) DUTIES.—The Secretary shall appoint a head of
22 the program who shall, in coordination with the heads of
23 relevant program offices of the Department—
24 (1) evaluate proposals for covered projects, in-
25 cluding scope, technical specifications, maturity of de-
† HR 3684 EAS
1860
1 sign, funding profile, estimated costs, proposed sched-
2 ule, proposed technical and financial milestones, and
3 potential for commercial success based on economic
4 and policy projections;
5 (2) develop independent cost estimates for a pro-
6 posal for a covered project, if appropriate;
7 (3) recommend to the head of a program office
8 of the Department, as appropriate, whether to fund a
9 proposal for a covered project;
10 (4) oversee the execution of covered projects that
11 receive funding from the Secretary, including recon-
12 ciling estimated costs as compared to actual costs;
13 (5) conduct reviews of ongoing covered projects,
14 including—
15 (A) evaluating the progress of a covered
16 project based on the proposed schedule and tech-
17 nical and financial milestones; and
18 (B) providing the evaluations under sub-
19 paragraph (A) to the Secretary; and
20 (6) assess the lessons learned in overseeing cov-
21 ered projects and implement improvements in the
22 process of evaluating and overseeing covered projects.
23 (d) EMPLOYEES.—To carry out the program, the Sec-
24 retary may hire appropriate personnel to perform the du-
25 ties of the program.
† HR 3684 EAS
1861
1 (e) COORDINATION.—In carrying out the program, the
2 head of the program shall coordinate with—
3 (1) project management and acquisition manage-
4 ment entities with the Department, including the Of-
5 fice of Project Management; and
6 (2) professional organizations in project manage-
7 ment, construction, cost estimation, and other rel-
8 evant fields.
9 (f) REPORTS.—
10 (1) REPORT BY SECRETARY.—The Secretary
11 shall include in each updated technology transfer exe-
12 cution plan submitted under subsection (h)(2) of sec-
13 tion 1001 of the Energy Policy Act of 2005 (42
14 U.S.C. 16391) information on the implementation of
15 and progress made under the program, including, for
16 the year covered by the report—
17 (A) the covered projects under the purview
18 of the program; and
19 (B) the review of each covered project car-
20 ried out under subsection (c)(5).
21 (2) REPORT BY COMPTROLLER GENERAL.—Not
† HR 3684 EAS
1862
1 Science, Space, and Technology of the House of Rep-
2 resentatives a report evaluating the operation of the
3 program, including—
4 (A) a description of the processes and proce-
5 dures used by the program to evaluate proposals
6 of covered projects and the oversight of covered
7 projects; and
8 (B) any recommended changes in the pro-
9 gram, including changes to—
10 (i) the processes and procedures de-
11 scribed in subparagraph (A); and
12 (ii) the structure of the program, for
13 the purpose of better carrying out the pro-
14 gram.
15 (g) TECHNICAL AMENDMENT.—Section 1001 of the
16 Energy Policy Act of 2005 (42 U.S.C. 16391) is amended
17 by redesignating the second subsections (f) (relating to plan-
18 ning and reporting) and (g) (relating to additional tech-
19 nology transfer programs) as subsections (h) and (i), respec-
20 tively.
21 SEC. 41202. EXTENSION OF SECURE RURAL SCHOOLS AND
23 2000.
† HR 3684 EAS
1863
1 termination Act of 2000 (16 U.S.C. 7102(11)) is amended
2 by striking subparagraphs (D) and (E) and inserting the
3 following:
4 ‘‘(D) for fiscal year 2017, the amount that
5 is equal to 95 percent of the full funding amount
6 for fiscal year 2015;
7 ‘‘(E) for each of fiscal years 2018 through
8 2020, the amount that is equal to 95 percent of
9 the full funding amount for the preceding fiscal
10 year; and
11 ‘‘(F) for fiscal year 2021 and each fiscal
12 year thereafter, the amount that is equal to the
13 full funding amount for fiscal year 2017.’’.
14 (b) SECURE PAYMENTS FOR STATES AND COUNTIES
15 CONTAINING FEDERAL LAND.—
16 (1) SECURE PAYMENTS.—Section 101 of the Se-
17 cure Rural Schools and Community Self-Determina-
18 tion Act of 2000 (16 U.S.C. 7111) is amended, in
19 subsections (a) and (b), by striking ‘‘2015, 2017,
20 2018, 2019, and 2020’’ each place it appears and in-
21 serting ‘‘2015 and 2017 through 2023’’.
22 (2) DISTRIBUTION OF PAYMENTS TO ELIGIBLE
† HR 3684 EAS
1864
1 2000 (16 U.S.C. 7113(d)(2)) is amended by striking
2 ‘‘2020’’ and inserting ‘‘2023’’.
3 (c) PILOT PROGRAM TO STREAMLINE NOMINATION OF
† HR 3684 EAS
1865
1 ‘‘(A) IN GENERAL.—The Secretary con-
2 cerned shall carry out a regional pilot program
3 to allow an applicable designee to appoint mem-
4 bers of resource advisory committees.
5 ‘‘(B) GEOGRAPHIC LIMITATION.—The re-
6 gional pilot program shall only apply to resource
7 advisory committees chartered in—
8 ‘‘(i) the State of Montana; and
9 ‘‘(ii) the State of Arizona.
10 ‘‘(C) RESPONSIBILITIES OF APPLICABLE
11 DESIGNEE.—
† HR 3684 EAS
1866
1 pointment to a resource advisory committee
2 that is in effect on December 20, 2018, in-
3 cluding any requirement for advertising a
4 vacancy.
5 ‘‘(4) NATIONAL PILOT PROGRAM.—
† HR 3684 EAS
1867
1 nee shall be deemed appointed to the applicable
2 resource advisory committee.
3 ‘‘(D) GEOGRAPHIC LIMITATION.—The na-
4 tional pilot program shall apply to a resource
5 advisory committee chartered in any State other
6 than—
7 ‘‘(i) the State of Montana; or
8 ‘‘(ii) the State of Arizona.
9 ‘‘(E) SAVINGS CLAUSE.—Nothing in this
10 paragraph relieves the Secretary concerned from
11 any requirement relating to an appointment to
12 a resource advisory committee, including any re-
13 quirement with respect to civil rights or adver-
14 tising a vacancy.
15 ‘‘(5) TERMINATION OF EFFECTIVENESS.—The
† HR 3684 EAS
1868
1 ‘‘(i) appointments were faster or slow-
2 er; and
3 ‘‘(ii) the requirements described in
4 paragraph (3)(C)(i) differ; and
5 ‘‘(B) a recommendation with respect to
6 whether Congress should terminate, continue,
7 modify, or expand the pilot programs.’’.
8 (d) EXTENSION OF AUTHORITY TO CONDUCT SPECIAL
9 PROJECTS ON FEDERAL LAND.—
10 (1) EXISTING ADVISORY COMMITTEES.—Section
† HR 3684 EAS
1869
1 Community Self-Determination Act of 2000 (16 U.S.C.
2 7142(a)) is amended—
3 (1) in paragraph (3), by striking ‘‘and’’ at the
4 end;
5 (2) in paragraph (4), by striking the period at
6 the end and inserting ‘‘; and’’; and
7 (3) by adding at the end the following:
8 ‘‘(5) to provide or expand access to—
9 ‘‘(A) broadband telecommunications services
10 at local schools; or
11 ‘‘(B) the technology and connectivity nec-
12 essary for students to use a digital learning tool
13 at or outside of a local school campus.’’.
14 (f) EXTENSION OF AUTHORITY TO EXPEND COUNTY
15 FUNDS.—Section 304 of the Secure Rural Schools and
16 Community Self-Determination Act of 2000 (16 U.S.C.
17 7144) is amended—
18 (1) in subsection (a), by striking ‘‘2022’’ and in-
19 serting ‘‘2025’’; and
20 (2) in subsection (b), by striking ‘‘2023’’ and in-
21 serting ‘‘2026’’.
22 (g) AMOUNTS OBLIGATED BUT UNSPENT; PROHIBI-
23 TION ON USE OF FUNDS.—Title III of the Secure Rural
24 Schools and Community Self-Determination Act of 2000
25 (16 U.S.C. 7141 et seq.) is amended—
† HR 3684 EAS
1870
1 (1) by redesignating section 304 as section 305;
2 and
3 (2) by inserting after section 303 the following:
4 ‘‘SEC. 304. AMOUNTS OBLIGATED BUT UNSPENT; PROHIBI-
† HR 3684 EAS
1871
1 activity, regardless of the purpose for which the funds are
2 obligated on or before that date.’’.
3 DIVISION E—DRINKING WATER
4 AND WASTEWATER INFRA-
5 STRUCTURE
6 SEC. 50001. SHORT TITLE.
15 SYSTEMS.
† HR 3684 EAS
1872
1 System of the Administrator, the compliance of
2 community water systems and wastewater sys-
3 tems with environmental, health, and safety re-
4 quirements under this title, including water
5 quality sampling, testing, and reporting require-
6 ments; and
7 ‘‘(ii) submit to Congress a report describing
8 trends seen as a result of the evaluation under
9 clause (i), including trends that demonstrate how
10 the characteristics of community water systems
11 and wastewater systems correlate to trends in
12 compliance or noncompliance with the require-
13 ments described in that clause.
14 ‘‘(B) REQUIREMENT.—To the extent practicable,
15 in carrying out subparagraph (A), the Administrator
16 shall determine whether, in aggregate, community
17 water systems and wastewater systems maintain asset
18 management plans.’’;
19 (2) in subsection (b), in the first sentence—
20 (A) by inserting ‘‘(including an emergency
21 situation resulting from a cybersecurity event)’’
22 after ‘‘emergency situation’’; and
23 (B) by inserting ‘‘, including a threat to
24 public health resulting from contaminants, such
† HR 3684 EAS
1873
1 as, but not limited to, heightened exposure to
2 lead in drinking water’’ after ‘‘public health’’;
3 (3) by striking subsection (d) and inserting the
4 following:
5 ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—There is
6 authorized to be appropriated to carry out subsection (b)
7 $35,000,000 for each of fiscal years 2022 through 2026.’’;
8 (4) in subsection (e), by striking paragraph (5)
9 and inserting the following:
10 ‘‘(5) AUTHORIZATION OF APPROPRIATIONS.—
† HR 3684 EAS
1874
1 take activities to carry out this subsection, consult
2 with the State in which the assistance is to be ex-
3 pended or otherwise made available.’’.
4 SEC. 50102. DRINKING WATER STATE REVOLVING LOAN
5 FUNDS.
† HR 3684 EAS
1875
1 (3) in subsection (q), by striking ‘‘2016 through
2 2021’’ and inserting ‘‘2022 through 2026’’.
3 (b) ASSISTANCE FOR DISADVANTAGED COMMU-
4 NITIES.—Section 1452(d) of the Safe Drinking Water Act
5 (42 U.S.C. 300j–12(d)) is amended—
6 (1) in paragraph (1)—
7 (A) by striking ‘‘Notwithstanding any’’ and
8 inserting the following:
9 ‘‘(A) IN GENERAL.—Notwithstanding any’’;
10 (B) in subparagraph (A) (as so designated),
11 by inserting ‘‘, grants, negative interest loans,
12 other loan forgiveness, and through buying, refi-
13 nancing, or restructuring debt’’ after ‘‘forgiveness
14 of principal’’; and
15 (C) by adding at the end the following:
16 ‘‘(B) EXCLUSION.—A loan from a State
17 loan fund with an interest rate equal to or great-
18 er than 0 percent shall not be considered addi-
19 tional subsidization for purposes of this sub-
20 section.’’; and
21 (2) in paragraph (2), by striking subparagraph
22 (B) and inserting the following:
23 ‘‘(B) to the extent that there are sufficient
24 applications for loans to communities described
† HR 3684 EAS
1876
1 in paragraph (1), may not be less than 12 per-
2 cent.’’.
3 SEC. 50103. SOURCE WATER PETITION PROGRAM.
† HR 3684 EAS
1877
1 any matter not within a program under this sec-
2 tion.’’; and
3 (2) in subsection (e), in the first sentence, by
4 striking ‘‘2021’’ and inserting ‘‘2026’’.
5 SEC. 50104. ASSISTANCE FOR SMALL AND DISADVANTAGED
6 COMMUNITIES.
† HR 3684 EAS
1878
1 ‘‘(ii) the options for replacing lead
2 service lines (as defined in section
3 1459B(a)) and removing other sources of
4 lead in water; and
5 ‘‘(F) entering into contracts, including con-
6 tracts with nonprofit organizations that have
7 water system technical expertise, to assist—
8 ‘‘(i) an eligible entity; or
9 ‘‘(ii) the State of an eligible entity, on
10 behalf of that eligible entity.’’;
11 (2) in subsection (c), in the matter preceding
12 paragraph (1), by striking ‘‘An eligible entity’’ and
13 inserting ‘‘Except for purposes of subsections (j) and
14 (m), an eligible entity’’;
15 (3) in subsection (g)(1), by striking ‘‘to pay not
16 less than 45 percent’’ and inserting ‘‘except as pro-
17 vided in subsection (l)(5) and subject to subsection
18 (h), to pay not less than 10 percent’’;
19 (4) by striking subsection (k) and inserting the
20 following:
21 ‘‘(k) AUTHORIZATION OF APPROPRIATIONS.—There
22 are authorized to be appropriated to carry out subsections
23 (a) through (j)—
24 ‘‘(1) $70,000,000 for fiscal year 2022;
25 ‘‘(2) $80,000,000 for fiscal year 2023;
† HR 3684 EAS
1879
1 ‘‘(3) $100,000,000 for fiscal year 2024;
2 ‘‘(4) $120,000,000 for fiscal year 2025; and
3 ‘‘(5) $140,000,000 for fiscal year 2026.’’; and
4 (5) in subsection (l)—
5 (A) in paragraph (2)—
6 (i) by striking ‘‘The Administrator
7 may’’ and inserting ‘‘The Administrator
8 shall’’; and
9 (ii) by striking ‘‘fiscal years 2019 and
10 2020’’ and inserting ‘‘fiscal years 2022
11 through 2026’’;
12 (B) in paragraph (5), by striking
13 ‘‘$4,000,000 for each of fiscal years 2019 and
14 2020’’ and inserting ‘‘$25,000,000 for each of fis-
15 cal years 2022 through 2026’’;
16 (C) by redesignating paragraph (5) as
17 paragraph (6); and
18 (D) by inserting after paragraph (4) the fol-
19 lowing:
20 ‘‘(5) FEDERAL SHARE FOR SMALL, RURAL, AND
21 DISADVANTAGED COMMUNITIES.—
† HR 3684 EAS
1880
1 share of the cost of the program or project shall
2 be 90 percent.
3 ‘‘(B) WAIVER.—The Administrator may in-
4 crease the Federal share under subparagraph (A)
5 to 100 percent if the Administrator determines
6 that an eligible entity is unable to pay, or would
7 experience significant financial hardship if re-
8 quired to pay, the non-Federal share.’’.
9 (b) CONNECTION TO PUBLIC WATER SYSTEMS.—Sec-
10 tion 1459A of the Safe Drinking Water Act (42 U.S.C.
11 300j–19a) is amended by adding at the end the following:
12 ‘‘(m) CONNECTION TO PUBLIC WATER SYSTEMS.—
13 ‘‘(1) DEFINITIONS.—In this subsection:
14 ‘‘(A) ELIGIBLE ENTITY.—The term ‘eligible
15 entity’ means—
16 ‘‘(i) an owner or operator of a public
17 water system that assists or is seeking to as-
18 sist eligible individuals with connecting the
19 household of the eligible individual to the
20 public water system; or
21 ‘‘(ii) a nonprofit entity that assists or
22 is seeking to assist eligible individuals with
23 the costs associated with connecting the
24 household of the eligible individual to a
25 public water system.
† HR 3684 EAS
1881
1 ‘‘(B) ELIGIBLE INDIVIDUAL.—The term ‘eli-
2 gible individual’ has the meaning given the term
3 in section 603(j) of the Federal Water Pollution
4 Control Act (33 U.S.C. 1383(j)).
5 ‘‘(C) PROGRAM.—The term ‘program’
6 means the competitive grant program established
7 under paragraph (2).
8 ‘‘(2) ESTABLISHMENT.—Subject to the avail-
9 ability of appropriations, the Administrator shall es-
10 tablish a competitive grant program for the purpose
11 of improving the general welfare under which the Ad-
12 ministrator awards grants to eligible entities to pro-
13 vide funds to assist eligible individuals in covering
14 the costs incurred by the eligible individual in con-
15 necting the household of the eligible individual to a
16 public water system.
17 ‘‘(3) APPLICATION.—An eligible entity seeking a
18 grant under the program shall submit to the Admin-
19 istrator an application at such time, in such manner,
20 and containing such information as the Adminis-
21 trator may require.
22 ‘‘(4) VOLUNTARY CONNECTION.—Before pro-
23 viding funds to an eligible individual for the costs de-
24 scribed in paragraph (2), an eligible entity shall en-
25 sure and certify to the Administrator that—
† HR 3684 EAS
1882
1 ‘‘(A) the eligible individual is voluntarily
2 seeking connection to the public water system;
3 ‘‘(B) if the eligible entity is not the owner
4 or operator of the public water system to which
5 the eligible individual seeks to connect, the public
6 water system to which the eligible individual
7 seeks to connect has agreed to the connection;
8 and
9 ‘‘(C) the connection of the household of the
10 eligible individual to the public water system
11 meets all applicable local and State regulations,
12 requirements, and codes.
13 ‘‘(5) REPORT.—Not later than 3 years after the
14 date of enactment of this subsection, the Adminis-
15 trator shall submit to Congress a report that describes
16 the implementation of the program, which shall in-
17 clude a description of the use and deployment of
18 amounts made available under the program.
19 ‘‘(6) AUTHORIZATION OF APPROPRIATIONS.—
† HR 3684 EAS
1883
1 19a) (as amended by subsection (b)) is amended by adding
2 at the end the following:
3 ‘‘(n) STATE COMPETITIVE GRANTS FOR UNDER-
4 SERVED COMMUNITIES.—
5 ‘‘(1) IN GENERAL.—In addition to amounts au-
6 thorized to be appropriated under subsection (k), there
7 is authorized to be appropriated to carry out sub-
8 sections (a) through (j) $50,000,000 for each of fiscal
9 years 2022 through 2026 in accordance with para-
10 graph (2).
11 ‘‘(2) COMPETITIVE GRANTS.—
† HR 3684 EAS
1884
1 establish criteria that give priority to States
2 with a high proportion of underserved commu-
3 nities that meet the condition described in sub-
4 section (a)(2)(A).
5 ‘‘(3) REPORT.—Not later than 2 years after the
6 date of enactment of this subsection, the Adminis-
7 trator shall submit to Congress a report that describes
8 the implementation of the competitive grant program
9 under paragraph (2)(A), which shall include a de-
10 scription of the use and deployment of amounts made
11 available under the competitive grant program.
12 ‘‘(4) SAVINGS PROVISION.—Nothing in this para-
13 graph affects the distribution of amounts made avail-
14 able under subsection (k), including any methods used
15 by the Administrator for distribution of amounts
16 made available under that subsection as in effect on
17 the day before the date of enactment of this sub-
18 section.’’.
19 SEC. 50105. REDUCING LEAD IN DRINKING WATER.
† HR 3684 EAS
1885
1 ‘‘(D) a qualified nonprofit organization
2 with experience in lead reduction, as determined
3 by the Administrator; and’’;
4 (B) in paragraph (2)(A)—
5 (i) in clause (i), by striking ‘‘publicly
6 owned’’; and
7 (ii) by striking clause (iii) and insert-
8 ing the following:
9 ‘‘(iii) providing assistance to eligible
10 entities to replace lead service lines, with
11 priority for disadvantaged communities
12 based on the affordability criteria estab-
13 lished by the applicable State under section
14 1452(d)(3), low-income homeowners, and
15 landlords or property owners providing
16 housing to low-income renters.’’; and
17 (C) in paragraph (3), by striking ‘‘an indi-
18 vidual provided’’;
19 (2) in subsection (b)—
20 (A) in paragraph (5)—
21 (i) in subparagraph (A), by striking
22 ‘‘to provide assistance’’ and all that follows
23 through the period at the end and inserting
24 ‘‘to replace lead service lines, with first pri-
25 ority given to assisting disadvantaged com-
† HR 3684 EAS
1886
1 munities based on the affordability criteria
2 established by the applicable State under
3 section 1452(d)(3), low-income homeowners,
4 and landlords or property owners providing
5 housing to low-income renters.’’; and
6 (ii) in subparagraph (B), by striking
7 ‘‘line’’ and inserting ‘‘lines’’; and
8 (B) in paragraph (6)—
9 (i) in subparagraph (A), by striking
10 ‘‘any publicly owned portion of’’;
11 (ii) in subparagraph (C), in the matter
12 preceding clause (i)—
13 (I) by striking ‘‘may’’ and insert-
14 ing ‘‘shall’’;
15 (II) by inserting ‘‘and may, for
16 other homeowners,’’ after ‘‘low-income
17 homeowner,’’; and
18 (III) by striking ‘‘a cost that’’ and
19 all that follows through the semicolon
20 at the end of clause (ii) and inserting
21 ‘‘no cost to the homeowner;’’;
22 (iii) in subparagraph (D), by striking
23 ‘‘and’’ at the end;
24 (iv) in subparagraph (E), by striking
25 ‘‘other options’’ and all that follows through
† HR 3684 EAS
1887
1 the period at the end and inserting ‘‘feasible
2 alternatives for reducing the concentration
3 of lead in drinking water, such as corrosion
4 control; and’’; and
5 (v) by adding at the end the following:
6 ‘‘(F) shall notify the State of any planned
7 replacement of lead service lines under this pro-
8 gram and coordinate, where practicable, with
9 other relevant infrastructure projects.’’;
10 (3) in subsection (d)—
11 (A) by inserting ‘‘(except for subsection
12 (d))’’ after ‘‘this section’’; and
13 (B) by striking ‘‘$60,000,000 for each of fis-
14 cal years 2017 through 2021’’ and inserting
15 ‘‘$100,000,000 for each of fiscal years 2022
16 through 2026’’;
17 (4) by redesignating subsections (d) and (e) as
18 subsections (e) and (f), respectively; and
19 (5) by inserting after subsection (c) the fol-
20 lowing:
21 ‘‘(d) LEAD INVENTORYING UTILIZATION GRANT PILOT
22 PROGRAM.—
23 ‘‘(1) DEFINITIONS.—In this subsection:
24 ‘‘(A) ELIGIBLE ENTITY.—The term ‘eligible
25 entity’ means a municipality that is served by
† HR 3684 EAS
1888
1 a community water system or a nontransient
2 noncommunity water system in which not less
3 than 30 percent of the service lines are known,
4 or suspected, to contain lead, based on available
5 data, information, or resources, including exist-
6 ing lead inventorying.
7 ‘‘(B) PILOT PROGRAM.—The term ‘pilot
8 program’ means the pilot program established
9 under paragraph (2).
10 ‘‘(2) ESTABLISHMENT.—The Administrator shall
11 establish a pilot program under which the Adminis-
12 trator shall provide grants to eligible entities to carry
13 out lead reduction projects that are demonstrated to
14 exist or are suspected to exist, based on available
15 data, information, or resources, including existing
16 lead inventorying of those eligible entities.
17 ‘‘(3) SELECTION.—
18 ‘‘(A) APPLICATION.—To be eligible to re-
19 ceive a grant under the pilot program, an eligi-
20 ble entity shall submit to the Administrator an
21 application at such time, in such manner, and
22 containing such information as the Adminis-
23 trator may require.
† HR 3684 EAS
1889
1 ‘‘(B) PRIORITIZATION.—In selecting recipi-
2 ents under the pilot program, the Administrator
3 shall give priority to—
4 ‘‘(i) an eligible entity that meets the
5 affordability criteria of the applicable State
6 established under section 1452(d)(3); and
7 ‘‘(ii) an eligible entity that is located
8 in an area other than a State that has es-
9 tablished affordability criteria under section
10 1452(d)(3).
11 ‘‘(4) REPORT.—Not later 2 years after the Ad-
12 ministrator first awards a grant under the pilot pro-
13 gram, the Administrator shall submit to the Com-
14 mittee on Environment and Public Works of the Sen-
15 ate and the Committee on Energy and Commerce of
16 the House of Representatives a report describing—
17 ‘‘(A) the recipients of grants under the pilot
18 program;
19 ‘‘(B) the existing lead inventorying that
20 was available to recipients of grants under the
21 pilot program; and
22 ‘‘(C) how useful and accurate the lead
23 inventorying described in subparagraph (B) was
24 in locating lead service lines of the eligible enti-
25 ty.
† HR 3684 EAS
1890
1 ‘‘(5) AUTHORIZATION OF APPROPRIATIONS.—
† HR 3684 EAS
1891
1 ‘‘(2) OPERATIONAL SUSTAINABILITY.—The term
2 ‘operational sustainability’ means the ability to im-
3 prove the operation of a small system through the
4 identification and prevention of potable water loss
5 due to leaks, breaks, and other metering or infrastruc-
6 ture failures.
7 ‘‘(3) PROGRAM.—The term ‘program’ means the
8 grant program established under subsection (b).
9 ‘‘(4) SMALL SYSTEM.—The term ‘small system’,
10 for the purposes of this section, means a public water
11 system that—
12 ‘‘(A) serves fewer than 10,000 people; and
13 ‘‘(B) is owned or operated by—
14 ‘‘(i) a unit of local government;
15 ‘‘(ii) a public corporation;
16 ‘‘(iii) a nonprofit corporation;
17 ‘‘(iv) a public trust;
18 ‘‘(v) a cooperative association; or
19 ‘‘(vi) an Indian Tribe.
20 ‘‘(b) ESTABLISHMENT.—Subject to the availability of
21 appropriations, the Administrator shall establish a pro-
22 gram to award grants to eligible entities for the purpose
23 of improving the operational sustainability of 1 or more
24 small systems.
† HR 3684 EAS
1892
1 ‘‘(c) APPLICATIONS.—To be eligible to receive a grant
2 under the program, an eligible entity shall submit to the
3 Administrator an application at such time, in such man-
4 ner, and containing such information as the Administrator
5 may require, including—
6 ‘‘(1) a proposal of the project to be carried out
7 using grant funds under the program;
8 ‘‘(2) documentation provided by the eligible enti-
9 ty describing the deficiencies or suspected deficiencies
10 in operational sustainability of 1 or more small sys-
11 tems that are to be addressed through the proposed
12 project;
13 ‘‘(3) a description of how the proposed project
14 will improve the operational sustainability of 1 or
15 more small systems;
16 ‘‘(4) a description of how the improvements de-
17 scribed in paragraph (3) will be maintained beyond
18 the life of the proposed project, including a plan to
19 maintain and update any asset data collected as a re-
20 sult of the proposed project; and
21 ‘‘(5) any additional information the Adminis-
22 trator may require.
23 ‘‘(d) ADDITIONAL REQUIRED INFORMATION.—Before
24 the award of funds for a grant under the program to a
† HR 3684 EAS
1893
1 grant recipient, the grant recipient shall submit to the Ad-
2 ministrator—
3 ‘‘(1) if the grant recipient is located in a State
4 that has established a State drinking water treatment
5 revolving loan fund under section 1452, a copy of a
6 written agreement between the grant recipient and the
7 State in which the grant recipient agrees to provide
8 a copy of any data collected under the proposed
9 project to the State agency administering the State
10 drinking water treatment revolving loan fund (or a
11 designee); or
12 ‘‘(2) if the grant recipient is located in an area
13 other than a State that has established a State drink-
14 ing water treatment revolving loan fund under section
15 1452, a copy of a written agreement between the
16 grant recipient and the Administrator in which the
17 eligible entity agrees to provide a copy of any data
18 collected under the proposed project to the Adminis-
19 trator (or a designee).
20 ‘‘(e) USE OF FUNDS.—An eligible entity that receives
21 a grant under the program shall use the grant funds to
22 carry out projects that improve the operational sustain-
23 ability of 1 or more small systems through—
24 ‘‘(1) the development of a detailed asset inven-
25 tory, which may include drinking water sources,
† HR 3684 EAS
1894
1 wells, storage, valves, treatment systems, distribution
2 lines, hydrants, pumps, controls, and other essential
3 infrastructure;
4 ‘‘(2) the development of an infrastructure asset
5 map, including a map that uses technology such as—
6 ‘‘(A) geographic information system soft-
7 ware; and
8 ‘‘(B) global positioning system software;
9 ‘‘(3) the deployment of leak detection technology;
10 ‘‘(4) the deployment of metering technology;
11 ‘‘(5) training in asset management strategies,
12 techniques, and technologies for appropriate staff em-
13 ployed by—
14 ‘‘(A) the eligible entity; or
15 ‘‘(B) the small systems for which the grant
16 was received;
17 ‘‘(6) the deployment of strategies, techniques, and
18 technologies to enhance the operational sustainability
19 and effective use of water resources through water
20 reuse; and
21 ‘‘(7) the development or deployment of other
22 strategies, techniques, or technologies that the Admin-
23 istrator may determine to be appropriate under the
24 program.
25 ‘‘(f) COST SHARE.—
† HR 3684 EAS
1895
1 ‘‘(1) IN GENERAL.—Subject to paragraph (2), the
2 Federal share of the cost of a project carried out using
3 a grant under the program shall be 90 percent of the
4 total cost of the project.
5 ‘‘(2) WAIVER.—The Administrator may increase
6 the Federal share under paragraph (1) to 100 percent.
7 ‘‘(g) REPORT.—Not later than 2 years after the date
8 of enactment of this section, the Administrator shall submit
9 to Congress a report that describes the implementation of
10 the program, which shall include a description of the use
11 and deployment of amounts made available under the pro-
12 gram.
13 ‘‘(h) AUTHORIZATION OF APPROPRIATIONS.—There is
14 authorized to be appropriated to carry out this section
15 $50,000,000 for each of fiscal years 2022 through 2026.’’.
16 SEC. 50107. MIDSIZE AND LARGE DRINKING WATER SYSTEM
18 TAINABILITY PROGRAM.
24 SUSTAINABILITY PROGRAM.
† HR 3684 EAS
1896
1 ‘‘(1) ELIGIBLE ENTITY.—The term ‘eligible enti-
2 ty’ means a public water system that serves a commu-
3 nity with a population of 10,000 or more.
4 ‘‘(2) NATURAL HAZARD; RESILIENCE.—The
† HR 3684 EAS
1897
1 project that increases resilience to natural hazards and ex-
2 treme weather events, or reduces cybersecurity
3 vulnerabilities, through—
4 ‘‘(1) the conservation of water or the enhance-
5 ment of water-use efficiency;
6 ‘‘(2) the modification or relocation of existing
7 drinking water system infrastructure made, or that is
8 at risk of being, significantly impaired by natural
9 hazards or extreme weather events, including risks to
10 drinking water from flooding;
11 ‘‘(3) the design or construction of new or modi-
12 fied desalination facilities to serve existing commu-
13 nities;
14 ‘‘(4) the enhancement of water supply through
15 the use of watershed management and source water
16 protection;
17 ‘‘(5) the enhancement of energy efficiency or the
18 use and generation of renewable energy in the convey-
19 ance or treatment of drinking water;
20 ‘‘(6) the development and implementation of
21 measures—
22 ‘‘(A) to increase the resilience of the eligible
23 entity to natural hazards and extreme weather
24 events; or
25 ‘‘(B) to reduce cybersecurity vulnerabilities;
† HR 3684 EAS
1898
1 ‘‘(7) the conservation of water or the enhance-
2 ment of a water supply through the implementation
3 of water reuse measures; or
4 ‘‘(8) the formation of regional water partner-
5 ships to collaboratively address documented water
6 shortages.
7 ‘‘(d) APPLICATION.—To seek a grant under the resil-
8 ience and sustainability program, an eligible entity shall
9 submit to the Administrator an application at such time,
10 in such manner, and containing such information as the
11 Administrator may require, including—
12 ‘‘(1) a proposal of the program or project to be
13 planned, designed, constructed, implemented, oper-
14 ated, or maintained by the eligible entity;
15 ‘‘(2) an identification of the natural hazard
16 risks, extreme weather events, or potential cybersecu-
17 rity vulnerabilities, as applicable, to be addressed by
18 the proposed program or project;
19 ‘‘(3) documentation prepared by a Federal,
20 State, regional, or local government agency of the nat-
21 ural hazard risk, potential cybersecurity vulner-
22 ability, or risk for extreme weather events to the area
23 where the proposed program or project is to be lo-
24 cated;
† HR 3684 EAS
1899
1 ‘‘(4) a description of any recent natural hazards,
2 cybersecurity events, or extreme weather events that
3 have affected the community water system of the eligi-
4 ble entity;
5 ‘‘(5) a description of how the proposed program
6 or project would improve the performance of the com-
7 munity water system of the eligible entity under the
8 anticipated natural hazards, cybersecurity
9 vulnerabilities, or extreme weather events; and
10 ‘‘(6) an explanation of how the proposed pro-
11 gram or project is expected—
12 ‘‘(A) to enhance the resilience of the commu-
13 nity water system of the eligible entity to the an-
14 ticipated natural hazards or extreme weather
15 events; or
16 ‘‘(B) to reduce cybersecurity vulnerabilities.
17 ‘‘(e) REPORT.—Not later than 2 years after the date
18 of enactment of this section, the Administrator shall submit
19 to Congress a report that describes the implementation of
20 the resilience and sustainability program, which shall in-
21 clude a description of the use and deployment of amounts
22 made available to carry out the resilience and sustain-
23 ability program.
24 ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—
† HR 3684 EAS
1900
1 ‘‘(1) IN GENERAL.—There is authorized to be ap-
2 propriated to carry out the resilience and sustain-
3 ability program $50,000,000 for each of fiscal years
4 2022 through 2026.
5 ‘‘(2) USE OF FUNDS.—Of the amounts made
6 available under paragraph (1) for grants to eligible
7 entities under the resilience and sustainability pro-
8 gram—
9 ‘‘(A) 50 percent shall be used to provide
10 grants to eligible entities that serve a population
11 of—
12 ‘‘(i) equal to or greater than 10,000;
13 and
14 ‘‘(ii) fewer than 100,000; and
15 ‘‘(B) 50 percent shall be used to provide
16 grants to eligible entities that serve a population
17 equal to or greater than 100,000.
18 ‘‘(3) ADMINISTRATIVE COSTS.—Of the amounts
19 made available under paragraph (1), not more than
20 2 percent may be used by the Administrator for the
21 administrative costs of carrying out the resilience and
22 sustainability program.’’.
† HR 3684 EAS
1901
1 SEC. 50108. NEEDS ASSESSMENT FOR NATIONWIDE RURAL
3 WATER ASSISTANCE.
† HR 3684 EAS
1902
1 (i) the holder of an account for drink-
2 ing water or wastewater service that is pro-
3 vided to that household by a large water
4 service provider, a medium water service
5 provider, or a rural water service provider;
6 or
7 (ii) separately billed by a landlord
8 that holds an account with a large water
9 service provider, a medium water service
10 provider, or a rural water service provider
11 for the cost of drinking water or wastewater
12 service provided to that household by the re-
13 spective large water service provider, me-
14 dium water service provider, or rural water
15 service provider; and
16 (B) is determined—
17 (i) by a large water service provider, a
18 medium water service provider, or a rural
19 water service provider to be eligible for as-
20 sistance through a low-income ratepayer as-
21 sistance program;
22 (ii) by the Governor of the State in
23 which the household is located to be low-in-
24 come, based on the affordability criteria es-
25 tablished by the State under section
† HR 3684 EAS
1903
1 1452(d)(3) of the Safe Drinking Water Act
2 (42 U.S.C. 300j–12(d)(3));
3 (iii) by the Administrator to experi-
4 ence drinking water and wastewater service
5 costs that exceed the metrics of affordability
6 established in the most recent guidance of
7 the Administrator entitled ‘‘Financial Ca-
8 pability Assessment Guidance’’; or
9 (iv) in the case of a household serviced
10 by a rural water service provider, by the
11 State in which the household is located to
12 have an annual income that does not exceed
13 the greater of—
14 (I) an amount equal to 150 per-
15 cent of the poverty level of that State;
16 and
17 (II) an amount equal to 60 per-
18 cent of the State median income for
19 that State.
20 (6) RURAL WATER SERVICE PROVIDER.—The
† HR 3684 EAS
1904
1 (7) TREATMENT WORKS.—The term ‘‘treatment
2 works’’ has the meaning given the term in section 212
3 of the Federal Water Pollution Control Act (33 U.S.C.
4 1292).
5 (b) STUDY; REPORT.—
6 (1) IN GENERAL.—The Administrator shall con-
7 duct, and submit to Congress a report describing the
8 results of, a study that examines the prevalence
9 throughout the United States of municipalities, public
10 entities, or Tribal governments that—
11 (A) are serviced by rural water service pro-
12 viders, medium water service providers, or large
13 water service providers that service a dispropor-
14 tionate percentage, as determined by the Admin-
15 istrator, of qualifying households with need; or
16 (B) as determined by the Administrator,
17 have taken on an unsustainable level of debt due
18 to customer nonpayment for the services provided
19 by a large water service provider, a medium
20 water service provider, or a rural water service
21 provider.
22 (2) AFFORDABILITY INCLUSIONS.—The report
23 under paragraph (1) shall include—
24 (A) a definition of the term ‘‘affordable ac-
25 cess to water services’’;
† HR 3684 EAS
1905
1 (B) a description of the criteria used in de-
2 fining ‘‘affordable access to water services’’ under
3 subparagraph (A);
4 (C) a definition of the term ‘‘lack of afford-
5 able access to water services’’;
6 (D) a description of the methodology and
7 criteria used in defining ‘‘lack of affordable ac-
8 cess to water services’’ under subparagraph (C);
9 (E) a determination of the prevalence of a
10 lack of affordable access to water services, as de-
11 fined under subparagraph (C);
12 (F) the methodology and criteria used to de-
13 termine the prevalence of a lack of affordable ac-
14 cess to water services under subparagraph (E);
15 (G) any additional information with re-
16 spect to the affordable access to water services, as
17 defined under subparagraph (A), provided by
18 rural water service providers, medium water
19 service providers, and large water service pro-
20 viders;
21 (H) with respect to the development of the
22 report, a consultation with all relevant stake-
23 holders, including rural advocacy associations;
24 (I) recommendations of the Administrator
25 regarding the best methods to reduce the preva-
† HR 3684 EAS
1906
1 lence of a lack of affordable access to water serv-
2 ices, as defined under subparagraph (C); and
3 (J) a description of the cost of each method
4 described in subparagraph (I).
5 (3) AGREEMENTS.—The Administrator may
6 enter into an agreement with another Federal agency
7 to carry out the study under paragraph (1).
8 SEC. 50109. RURAL AND LOW-INCOME WATER ASSISTANCE
9 PILOT PROGRAM.
† HR 3684 EAS
1907
1 under the Safe Drinking Water Act (42 U.S.C.
2 300f et seq.) or the Federal Water Pollution Con-
3 trol Act (33 U.S.C. 1251 et seq.), as applicable.
4 (2) PILOT PROGRAM.—The term ‘‘pilot program’’
5 means the pilot program established by the Adminis-
6 trator under subsection (b)(1).
7 (3) WATER SERVICES NEEDS ASSESSMENT.—The
† HR 3684 EAS
1908
1 (3) USE OF FUNDS LIMITATIONS.—A grant
2 under the pilot program—
3 (A) shall not be used to replace funds for
4 any existing similar program; but
5 (B) may be used to supplement or enhance
6 an existing program, including a program that
7 receives assistance from other Federal grants.
8 (4) TERM.—The term of a grant awarded under
9 the pilot program shall be subject to the availability
10 of appropriations.
11 (5) TYPES OF ASSISTANCE.—In establishing the
12 pilot program, the Administrator may include provi-
13 sions for—
14 (A) direct financial assistance;
15 (B) a lifeline rate;
16 (C) bill discounting;
17 (D) special hardship provisions;
18 (E) a percentage-of-income payment plan;
19 or
20 (F) debt relief for the eligible entity or the
21 community water system owned by the eligible
22 entity for debt that is due to customer non-
23 payment for the services provided by the eligible
24 entity or the community water system that is de-
† HR 3684 EAS
1909
1 termined by the Administrator to be in the inter-
2 est of public health.
3 (6) REQUIREMENT.—The Administrator shall
4 award not more than 40 grants under the pilot pro-
5 gram, of which—
6 (A) not more than 8 shall be to eligible enti-
7 ties that own, operate, or exercise primary en-
8 forcement responsibility over a rural water serv-
9 ice provider under the Safe Drinking Water Act
10 (42 U.S.C. 300f et seq.) or the Federal Water
11 Pollution Control Act (33 U.S.C. 1251 et seq.),
12 as applicable;
13 (B) not more than 8 shall be to eligible enti-
14 ties that own or operate a medium water service
15 provider;
16 (C) not more than 8 shall be to eligible enti-
17 ties that own or operate a large water service
18 provider that serves not more than 500,000 peo-
19 ple;
20 (D) not more than 8 shall be to eligible en-
21 tities that own or operate a large water service
22 provider that serves more than 500,000 people;
23 and
24 (E) not more than 8 shall be to eligible enti-
25 ties that own or operate a community water sys-
† HR 3684 EAS
1910
1 tem, treatment works, or municipal separate
2 storm sewer system that services a disadvantaged
3 community (consistent with the affordability cri-
4 teria established by the applicable State under
5 section 1452(d)(3) of the Safe Drinking Water
6 Act (42 U.S.C. 300j–12(d)(3)) or section
7 603(i)(2) of the Federal Water Pollution Control
8 Act (33 U.S.C. 1383(i)(2)), as applicable).
9 (7) CRITERIA.—In addition to any priority cri-
10 teria established by the Administrator in response to
11 the findings in the water services needs assessment, in
12 awarding grants under the pilot program, the Admin-
13 istrator shall give priority consideration to eligible
14 entities that—
15 (A) serve a disproportionate percentage, as
16 determined by the Administrator, of qualifying
17 households with need, as identified in the water
18 services needs assessment;
19 (B) are subject to State or Federal enforce-
20 ment actions relating to compliance with the
21 Federal Water Pollution Control Act (33 U.S.C.
22 1251 et seq.) or the Safe Drinking Water Act (42
23 U.S.C. 300f et seq.); or
24 (C) maintain or participate in an existing
25 community assistance program with objectives
† HR 3684 EAS
1911
1 similar to the objectives of the pilot program, as
2 determined by the Administrator.
3 (8) REPORTING REQUIREMENTS.—
† HR 3684 EAS
1912
1 (d) REPORT.—Not later than 2 years after the date
2 on which grant funds are first disbursed to an eligible enti-
3 ty (or a State, on behalf of an eligible entity) under the
4 program, and every year thereafter for the duration of the
5 terms of the grants, the Administrator shall submit to Con-
6 gress a report on the results of the pilot program.
7 SEC. 50110. LEAD CONTAMINATION IN SCHOOL DRINKING
8 WATER.
† HR 3684 EAS
1913
1 toring, and lead reduction grant program to
2 make grants available to—
3 ‘‘(i) States to assist local educational
4 agencies, public water systems that serve
5 schools and child care programs under the
6 jurisdiction of those local educational agen-
7 cies, and qualified nonprofit organizations
8 in voluntary testing or compliance moni-
9 toring for and remediation of lead contami-
10 nation in drinking water at schools and
11 child care programs under the jurisdiction
12 of those local educational agencies; and
13 ‘‘(ii) tribal consortia to assist tribal
14 education agencies (as defined in section 3
15 of the National Environmental Education
16 Act (20 U.S.C. 5502)), public water systems
17 that serve schools and child care programs
18 under the jurisdiction of those tribal edu-
19 cation agencies, and qualified nonprofit or-
20 ganizations in voluntary testing or compli-
21 ance monitoring for and remediation of
22 lead contamination in drinking water at
23 schools and child care programs under the
24 jurisdiction of those tribal education agen-
25 cies.’’; and
† HR 3684 EAS
1914
1 (ii) in subparagraph (B)—
2 (I) in the matter preceding clause
3 (i), by inserting ‘‘or compliance moni-
4 toring for or remediation of lead con-
5 tamination’’ after ‘‘voluntary testing’’;
6 (II) in clause (i), by striking ‘‘or’’
7 at the end;
8 (III) in clause (ii), by striking the
9 period at the end and inserting a semi-
10 colon; and
11 (IV) by adding at the end the fol-
12 lowing:
13 ‘‘(iii) any public water system that is
14 located in a State that does not participate
15 in the voluntary grant program established
16 under subparagraph (A) that—
17 ‘‘(I) assists schools or child care
18 programs in lead testing;
19 ‘‘(II) assists schools or child care
20 programs with compliance monitoring;
21 ‘‘(III) assists schools with car-
22 rying out projects to remediate lead
23 contamination in drinking water; or
† HR 3684 EAS
1915
1 ‘‘(IV) provides technical assistance
2 to schools or child care programs in
3 carrying out lead testing; or
4 ‘‘(iv) a qualified nonprofit organiza-
5 tion, as determined by the Administrator.’’;
6 (C) in paragraphs (3), (5), (6), and (7), by
7 striking ‘‘State or local educational agency’’ each
8 place it appears and inserting ‘‘State, local edu-
9 cational agency, public water system, tribal con-
10 sortium, or qualified nonprofit organization’’;
11 (D) in paragraph (4)—
12 (i) by striking ‘‘States and local edu-
13 cational agencies’’ and inserting ‘‘States,
14 local educational agencies, public water sys-
15 tems, tribal consortia, and qualified non-
16 profit organizations’’; and
17 (ii) by inserting ‘‘or the remediation
18 of’’ after ‘‘testing for’’;
19 (E) in paragraph (6)—
20 (i) in the matter preceding subpara-
21 graph (A)—
22 (I) by striking ‘‘State or local
23 educational agency’’ and inserting
24 ‘‘State, local educational agency, pub-
† HR 3684 EAS
1916
1 lic water system, tribal consortium, or
2 qualified nonprofit agency’’; and
3 (II) by inserting ‘‘, public water
4 system, tribal consortium, or qualified
5 nonprofit organization’’ after ‘‘each
6 local educational agency’’;
7 (ii) in subparagraph (A)(ii)—
8 (I) by inserting ‘‘or tribal’’ after
9 ‘‘applicable State’’; and
10 (II) by striking ‘‘reducing lead’’
11 and inserting ‘‘voluntary testing or
12 compliance monitoring for and remedi-
13 ation of lead contamination’’; and
14 (iii) in subparagraph (B)(i), by insert-
15 ing ‘‘applicable’’ before ‘‘local educational
16 agency’’;
17 (F) in paragraph (7), by striking ‘‘testing
18 for’’ and inserting ‘‘testing or compliance moni-
19 toring for or remediation of’’; and
20 (G) by striking paragraph (8) and inserting
21 the following:
22 ‘‘(8) AUTHORIZATION OF APPROPRIATIONS.—
† HR 3684 EAS
1917
1 ‘‘(B) $35,000,000 for fiscal year 2023;
2 ‘‘(C) $40,000,000 for fiscal year 2024;
3 ‘‘(D) $45,000,000 for fiscal year 2025; and
4 ‘‘(E) $50,000,000 for fiscal year 2026.’’.
5 SEC. 50111. INDIAN RESERVATION DRINKING WATER PRO-
6 GRAM.
† HR 3684 EAS
1918
1 ‘‘(A) improve water quality, water pressure,
2 or water services through means such as con-
3 necting to, expanding, repairing, improving, or
4 obtaining water from a public water system (as
5 defined in section 1401 of the Safe Drinking
6 Water Act (42 U.S.C. 300f)); or
7 ‘‘(B) improve water quality or sanitation or
8 wastewater services at a treatment works (as de-
9 fined in section 212 of the Federal Water Pollu-
10 tion Control Act (33 U.S.C. 1292)).’’;
11 (3) by redesignating subsection (d) as subsection
12 (g);
13 (4) by striking subsection (c) and inserting the
14 following:
15 ‘‘(c) REQUIRED PROJECTS.—
16 ‘‘(1) IN GENERAL.—If sufficient projects exist, of
17 the funds made available to carry out this section, the
18 Administrator shall use 50 percent to carry out—
19 ‘‘(A) 10 eligible projects described in sub-
20 section (b) that are within the Upper Missouri
21 River Basin;
22 ‘‘(B) 10 eligible projects described in sub-
23 section (b) that are within the Upper Rio
24 Grande Basin;
† HR 3684 EAS
1919
1 ‘‘(C) 10 eligible projects described in sub-
2 section (b) that are within the Columbia River
3 Basin;
4 ‘‘(D) 10 eligible projects described in sub-
5 section (b) that are within the Lower Colorado
6 River Basin; and
7 ‘‘(E) 10 eligible projects described in sub-
8 section (b) that are within the Arkansas-White-
9 Red River Basin.
10 ‘‘(2) REQUIREMENT.—In carrying out para-
11 graph (1)(A), the Administrator shall select not fewer
12 than 2 eligible projects for a reservation that serves
13 more than 1 federally recognized Indian Tribe.
14 ‘‘(d) PRIORITY.—In selecting projects to carry out
15 under this section, the Administrator shall give priority to
16 projects that—
17 ‘‘(1) respond to emergency situations occurring
18 due to or resulting in a lack of access to clean drink-
19 ing water that threatens the health of Tribal popu-
20 lations;
21 ‘‘(2) would serve a Tribal population that would
22 qualify as a disadvantaged community based on the
23 affordability criteria established by the applicable
24 State under section 1452(d)(3) of the Safe Drinking
25 Water Act (42 U.S.C. 300j–12(d)(3)); or
† HR 3684 EAS
1920
1 ‘‘(3) would address the underlying factors con-
2 tributing to—
3 ‘‘(A) an enforcement action commenced pur-
4 suant to the Safe Drinking Water Act (42 U.S.C.
5 300f et seq.) against the applicable public water
6 system (as defined in section 1401 of that Act
7 (42 U.S.C. 300f)) as of the date of enactment of
8 this subparagraph; or
9 ‘‘(B) an enforcement action commenced pur-
10 suant to the Federal Water Pollution Control Act
11 (33 U.S.C. 1251 et seq.) against the applicable
12 treatment works (as defined in section 212 of
13 that Act (33 U.S.C. 1292)) as of the date of en-
14 actment of this subparagraph.
15 ‘‘(e) FEDERAL SHARE.—The Federal share of the cost
16 of a project carried out under this section shall be 100 per-
17 cent.
18 ‘‘(f) REPORT.—Not later than 2 years after the date
19 of enactment of this subsection, the Administrator shall sub-
20 mit to Congress a report that describes the implementation
21 of the program established under subsection (a), which shall
22 include a description of the use and deployment of amounts
23 made available under that program.’’; and
24 (5) in subsection (g) (as so redesignated)—
† HR 3684 EAS
1921
1 (A) by striking ‘‘There is’’ and inserting
2 ‘‘There are’’;
3 (B) by striking ‘‘subsection (a)
4 $20,000,000’’ and inserting the following: ‘‘sub-
5 section (a)—
6 ‘‘(1) $20,000,000’’;
7 (C) in paragraph (1) (as so designated), by
8 striking ‘‘2022.’’ and inserting ‘‘2021; and’’; and
9 (D) by adding at the end the following:
10 ‘‘(2) $50,000,000 for each of fiscal years 2022
11 through 2026.’’.
12 SEC. 50112. ADVANCED DRINKING WATER TECHNOLOGIES.
17 ‘‘(a) STUDY.—
18 ‘‘(1) IN GENERAL.—Subject to the availability of
19 appropriations, not later than 1 year after the date
20 of enactment of this section, the Administrator shall
21 carry out a study that examines the state of existing
22 and potential future technology, including technology
23 that could address cybersecurity vulnerabilities, that
24 enhances or could enhance the treatment, monitoring,
† HR 3684 EAS
1922
1 affordability, efficiency, and safety of drinking water
2 provided by a public water system.
3 ‘‘(2) REPORT.—The Administrator shall submit
4 to the Committee on Environment and Public Works
5 of the Senate and the Committee on Energy and Com-
6 merce of the House of Representatives a report that
7 describes the results of the study under paragraph (1).
8 ‘‘(b) ADVANCED DRINKING WATER TECHNOLOGY
9 GRANT PROGRAM.—
10 ‘‘(1) DEFINITIONS.—In this subsection:
11 ‘‘(A) ELIGIBLE ENTITY.—The term ‘eligible
12 entity’ means the owner or operator of a public
13 water system that—
14 ‘‘(i) serves—
15 ‘‘(I) a population of not more
16 than 100,000 people; or
17 ‘‘(II) a community described in
18 section 1459A(c)(2);
19 ‘‘(ii) has plans to identify or has iden-
20 tified opportunities in the operations of the
21 public water system to employ new, exist-
22 ing, or emerging, yet proven, technologies,
23 including technology that could address cy-
24 bersecurity vulnerabilities, as determined by
25 the Administrator, that enhance treatment,
† HR 3684 EAS
1923
1 monitoring, affordability, efficiency, or safe-
2 ty of the drinking water provided by the
3 public water system, including technologies
4 not identified in the study conducted under
5 subsection (a)(1); and
6 ‘‘(iii) has expressed an interest in the
7 opportunities in the operation of the public
8 water system to employ new, existing, or
9 emerging, yet proven, technologies, includ-
10 ing technology that could address cybersecu-
11 rity vulnerabilities, as determined by the
12 Administrator, that enhance treatment,
13 monitoring, affordability, efficiency, or safe-
14 ty of the drinking water provided by the
15 public water system, including technologies
16 not identified in the study conducted under
17 subsection (a)(1).
18 ‘‘(B) PROGRAM.—The term ‘program’
19 means the competitive grant program established
20 under paragraph (2).
21 ‘‘(2) ESTABLISHMENT.—The Administrator shall
22 establish a competitive grant program under which
23 the Administrator shall award grants to eligible enti-
24 ties for the purpose of identifying, deploying, or iden-
† HR 3684 EAS
1924
1 tifying and deploying technologies described in para-
2 graph (1)(A)(ii).
3 ‘‘(3) REQUIREMENTS.—
4 ‘‘(A) APPLICATIONS.—To be eligible to re-
5 ceive a grant under the program, an eligible en-
6 tity shall submit to the Administrator an appli-
7 cation at such time, in such manner, and con-
8 taining such information as the Administrator
9 may require.
10 ‘‘(B) FEDERAL SHARE.—
† HR 3684 EAS
1925
1 ministrator shall submit to Congress a report describ-
2 ing—
3 ‘‘(A) each recipient of a grant under the
4 program during the previous 1-year period; and
5 ‘‘(B) a summary of the activities carried
6 out using grants awarded under the program.
7 ‘‘(5) FUNDING.—
8 ‘‘(A) AUTHORIZATION OF APPROPRIA-
20 SYSTEMS.
24 WATER SYSTEMS.
† HR 3684 EAS
1926
1 ‘‘(1) APPROPRIATE CONGRESSIONAL COMMIT-
† HR 3684 EAS
1927
1 ‘‘(b) IDENTIFICATION OF AND SUPPORT FOR PUBLIC
2 WATER SYSTEMS.—
3 ‘‘(1) PRIORITIZATION FRAMEWORK.—
† HR 3684 EAS
1928
1 ‘‘(iv) whether a public water system, if
2 degraded or rendered inoperable due to an
3 incident, would cause a cascading failure of
4 other critical infrastructure.
5 ‘‘(2) TECHNICAL CYBERSECURITY SUPPORT
6 PLAN.—
† HR 3684 EAS
1929
1 ‘‘(iii) may include public water sys-
2 tems identified by the Administrator, in co-
3 ordination with the Director, as needing
4 technical support for cybersecurity;
5 ‘‘(iv) shall include specific capabilities
6 of the Administrator and the Director that
7 may be utilized to provide support to public
8 water systems under the Support Plan, in-
9 cluding—
10 ‘‘(I) site vulnerability and risk as-
11 sessments;
12 ‘‘(II) penetration tests; and
13 ‘‘(III) any additional support de-
14 termined to be appropriate by the Ad-
15 ministrator; and
16 ‘‘(v) shall only include plans for pro-
17 viding voluntary support to public water
18 systems.
19 ‘‘(3) CONSULTATION REQUIRED.—In developing
20 the Prioritization Framework pursuant to paragraph
21 (1) and the Support Plan pursuant to paragraph (2),
22 the Administrator shall consult with such Federal or
23 non-Federal entities as determined to be appropriate
24 by the Administrator.
25 ‘‘(4) REPORTS REQUIRED.—
† HR 3684 EAS
1930
1 ‘‘(A) PRIORITIZATION FRAMEWORK.—Not
† HR 3684 EAS
1931
1 (1) in the matter preceding subparagraph (A),
2 by striking ‘‘an underserved community’’ and insert-
3 ing ‘‘a community described in subsection (c)(2)’’;
4 and
5 (2) in subparagraph (A)(i), by striking ‘‘such
6 underserved’’ and inserting ‘‘that’’.
7 SEC. 50115. ANNUAL STUDY ON BOIL WATER ADVISORIES.
† HR 3684 EAS
1932
1 TITLE II—CLEAN WATER
2 SEC. 50201. RESEARCH, INVESTIGATIONS, TRAINING, AND
3 INFORMATION.
† HR 3684 EAS
1933
1 (c) REPORT.—Not later than 2 years after the date of
2 enactment of this Act, the Administrator shall submit to
3 Congress a report that describes the implementation of the
4 grants authorized under subsections (b)(3), (b)(8), and (g)
5 of section 104 of the Federal Water Pollution Control Act
6 (33 U.S.C. 1254), which shall include a description of the
7 grant recipients and grant amounts made available to
8 carry out those subsections.
9 SEC. 50202. WASTEWATER EFFICIENCY GRANT PILOT PRO-
10 GRAM.
15 GRAM.
† HR 3684 EAS
1934
1 trator an application at such time, in such manner,
2 and containing such information as the Adminis-
3 trator may require.
4 ‘‘(2) NUMBER OF RECIPIENTS.—The Adminis-
5 trator shall select not more than 15 recipients of
6 grants under the pilot program from applications
7 submitted under paragraph (1).
8 ‘‘(c) USE OF FUNDS.—
9 ‘‘(1) IN GENERAL.—Subject to paragraph (2), a
10 recipient of a grant under the pilot program may use
11 grant funds for—
12 ‘‘(A) sludge collection;
13 ‘‘(B) installation of anaerobic digesters;
14 ‘‘(C) methane capture;
15 ‘‘(D) methane transfer;
16 ‘‘(E) facility upgrades and retrofits nec-
17 essary to create or improve waste-to-energy sys-
18 tems; and
19 ‘‘(F) other new and emerging, but proven,
20 technologies that transform waste to energy.
21 ‘‘(2) LIMITATION.—A grant to a recipient under
22 the pilot program shall be not more than $4,000,000.
23 ‘‘(d) REPORTS.—
24 ‘‘(1) REPORT TO THE ADMINISTRATOR.—Not
† HR 3684 EAS
1935
1 pilot program and each year thereafter for which
2 amounts are made available for the pilot program
3 under subsection (e), the recipient of the grant shall
4 submit to the Administrator a report describing the
5 impact of that project on the communities within 3
6 miles of the treatment works.
7 ‘‘(2) REPORT TO CONGRESS.—Not later than 1
8 year after first awarding grants under the pilot pro-
9 gram and each year thereafter for which amounts are
10 made available for the pilot program under subsection
11 (e), the Administrator shall submit to Congress a re-
12 port describing—
13 ‘‘(A) the applications received by the Ad-
14 ministrator for grants under the pilot program;
15 and
16 ‘‘(B) the projects for which grants were
17 awarded under the pilot program.
18 ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—
19 ‘‘(1) IN GENERAL.—There is authorized to be ap-
20 propriated to carry out the pilot program
21 $20,000,000 for each of fiscal years 2022 through
22 2026, to remain available until expended.
23 ‘‘(2) LIMITATION ON USE OF FUNDS.—Of the
24 amounts made available for grants under paragraph
† HR 3684 EAS
1936
1 (1), not more than 2 percent may be used to pay the
2 administrative costs of the Administrator.’’.
3 SEC. 50203. PILOT PROGRAM FOR ALTERNATIVE WATER
4 SOURCE PROJECTS.
† HR 3684 EAS
1937
1 (5) in subsection (j)—
2 (A) in the first sentence, by striking ‘‘There
3 is’’ and inserting the following:
4 ‘‘(1) IN GENERAL.—There is’’;
5 (B) in paragraph (1) (as so designated), by
6 striking ‘‘a total of $75,000,000 for fiscal years
7 2002 through 2004. Such sums shall’’ and insert-
8 ing ‘‘$25,000,000 for each of fiscal years 2022
9 through 2026, to’’; and
10 (C) by adding at the end the following:
11 ‘‘(2) LIMITATION ON USE OF FUNDS.—Of the
12 amounts made available for grants under paragraph
13 (1), not more than 2 percent may be used to pay the
14 administrative costs of the Administrator.’’; and
15 (6) by redesignating subsections (b), (c), (d), (i),
16 and (j) as subsections (c), (d), (e), (b), and (i), respec-
17 tively, and moving those subsections so as to appear
18 in alphabetical order.
19 SEC. 50204. SEWER OVERFLOW AND STORMWATER REUSE
20 MUNICIPAL GRANTS.
† HR 3684 EAS
1938
1 (B) by redesignating subparagraph (B) as
2 subparagraph (C); and
3 (C) by inserting after subparagraph (A) the
4 following:
5 ‘‘(B) notification systems to inform the pub-
6 lic of combined sewer or sanitary overflows that
7 result in sewage being released into rivers and
8 other waters; and’’;
9 (2) in subsection (d)—
10 (A) in the second sentence, by striking ‘‘The
11 non-Federal share of the cost’’ and inserting the
12 following:
13 ‘‘(3) TYPES OF NON-FEDERAL SHARE.—The ap-
14 plicable non-Federal share of the cost under this sub-
15 section’’;
16 (B) in the first sentence, by striking ‘‘The
17 Federal’’ and inserting the following:
18 ‘‘(1) IN GENERAL.—The Federal’’; and
19 (C) by inserting after paragraph (1) (as so
20 designated) the following:
21 ‘‘(2) RURAL AND FINANCIALLY DISTRESSED COM-
† HR 3684 EAS
1939
1 nancially distressed communities (as those terms are
2 defined in subsection (f)(2)(B)(i)).’’;
3 (3) in subsection (f)—
4 (A) by striking paragraph (1) and inserting
5 the following:
6 ‘‘(1) IN GENERAL.—There is authorized to be ap-
7 propriated to carry out this section $280,000,000 for
8 each of fiscal years 2022 through 2026.’’; and
9 (B) in paragraph (2)—
10 (i) by striking ‘‘To the extent’’ and in-
11 serting the following:
12 ‘‘(A) GREEN PROJECTS.—To the extent’’;
13 and
14 (ii) by adding at the end the following:
15 ‘‘(B) RURAL OR FINANCIALLY DISTRESSED
16 COMMUNITY ALLOCATION.—
† HR 3684 EAS
1940
1 a population of not more than 10,000
2 inhabitants.
3 ‘‘(ii) ALLOCATION.—
4 ‘‘(I) IN GENERAL.—To the extent
5 there are sufficient eligible project ap-
6 plications, the Administrator shall en-
7 sure that a State uses not less than 25
8 percent of the amount of the grants
9 made to the State under subsection (a)
10 in a fiscal year to carry out projects in
11 rural communities or financially dis-
12 tressed communities for the purpose of
13 planning, design, and construction
14 of—
15 ‘‘(aa) treatment works to
16 intercept, transport, control, treat,
17 or reuse municipal sewer over-
18 flows, sanitary sewer overflows, or
19 stormwater; or
20 ‘‘(bb) any other measures to
21 manage, reduce, treat, or recap-
22 ture stormwater or subsurface
23 drainage water eligible for assist-
24 ance under section 603(c).
† HR 3684 EAS
1941
1 ‘‘(II) RURAL COMMUNITIES.—Of
† HR 3684 EAS
1942
1 (ii) by striking ‘‘containing rec-
2 ommended’’ and inserting the following:
3 ‘‘containing—
4 ‘‘(i) recommended’’; and
5 (iii) by adding at the end the fol-
6 lowing:
7 ‘‘(ii) a description of the extent to
8 which States pass costs associated with the
9 non-Federal share requirements under sub-
10 section (d) to local communities, with a
11 focus on rural communities and financially
12 distressed communities (as those terms are
13 defined in subsection (f)(2)(B)(i)).’’; and
14 (D) by adding at the end the following:
15 ‘‘(2) USE OF FUNDS.—Not later than 2 years
16 after the date of enactment of this paragraph, the Ad-
17 ministrator shall submit to the Committee on Envi-
18 ronment and Public Works of the Senate and the
19 Committee on Transportation and Infrastructure of
20 the House of Representatives a report that describes
21 the implementation of the grant program under this
22 section, which shall include a description of the grant
23 recipients, sources of funds for non-Federal share re-
24 quirements under subsection (d), and grant amounts
25 made available under the program.’’.
† HR 3684 EAS
1943
1 SEC. 50205. CLEAN WATER INFRASTRUCTURE RESILIENCY
† HR 3684 EAS
1944
1 publicly owned treatment works to a natural hazard or cy-
2 bersecurity vulnerabilities.
3 ‘‘(c) USE OF FUNDS.—An eligible entity that receives
4 a grant under the program shall use the grant funds for
5 planning, designing, or constructing projects (on a system-
6 wide or area-wide basis) that increase the resilience of a
7 publicly owned treatment works to a natural hazard or cy-
8 bersecurity vulnerabilities through—
9 ‘‘(1) the conservation of water;
10 ‘‘(2) the enhancement of water use efficiency;
11 ‘‘(3) the enhancement of wastewater and
12 stormwater management by increasing watershed
13 preservation and protection, including through the
14 use of—
15 ‘‘(A) natural and engineered green infra-
16 structure; and
17 ‘‘(B) reclamation and reuse of wastewater
18 and stormwater, such as aquifer recharge zones;
19 ‘‘(4) the modification or relocation of an existing
20 publicly owned treatment works, conveyance, or dis-
21 charge system component that is at risk of being sig-
22 nificantly impaired or damaged by a natural hazard;
23 ‘‘(5) the development and implementation of
24 projects to increase the resilience of publicly owned
† HR 3684 EAS
1945
1 treatment works to a natural hazard or cybersecurity
2 vulnerabilities, as applicable; or
3 ‘‘(6) the enhancement of energy efficiency or the
4 use and generation of recovered or renewable energy
5 in the management, treatment, or conveyance of
6 wastewater or stormwater.
7 ‘‘(d) APPLICATION.—To be eligible to receive a grant
8 under the program, an eligible entity shall submit to the
9 Administrator an application at such time, in such man-
10 ner, and containing such information as the Administrator
11 may require, including—
12 ‘‘(1) a proposal of the project to be planned, de-
13 signed, or constructed using funds under the program;
14 ‘‘(2) an identification of the natural hazard risk
15 of the area where the proposed project is to be located
16 or potential cybersecurity vulnerability, as applicable,
17 to be addressed by the proposed project;
18 ‘‘(3) documentation prepared by a Federal,
19 State, regional, or local government agency of the nat-
20 ural hazard risk of the area where the proposed
21 project is to be located or potential cybersecurity vul-
22 nerability, as applicable, of the area where the pro-
23 posed project is to be located;
24 ‘‘(4) a description of any recent natural hazard
25 risk of the area where the proposed project is to be lo-
† HR 3684 EAS
1946
1 cated or potential cybersecurity vulnerabilities that
2 have affected the publicly owned treatment works;
3 ‘‘(5) a description of how the proposed project
4 would improve the performance of the publicly owned
5 treatment works under an anticipated natural hazard
6 or natural hazard risk of the area where the proposed
7 project is to be located or a potential cybersecurity
8 vulnerability, as applicable; and
9 ‘‘(6) an explanation of how the proposed project
10 is expected to enhance the resilience of the publicly
11 owned treatment works to a natural hazard risk of
12 the area where the proposed project is to be located or
13 a potential cybersecurity vulnerability, as applicable.
14 ‘‘(e) GRANT AMOUNT AND OTHER FEDERAL REQUIRE-
15 MENTS.—
† HR 3684 EAS
1947
1 ‘‘(i) has a population of fewer than
2 10,000 individuals; or
3 ‘‘(ii) meets the affordability criteria es-
4 tablished by the State in which the commu-
5 nity is located under section 603(i)(2).
6 ‘‘(B) WAIVER.—At the discretion of the Ad-
7 ministrator, a grant for a project described in
8 subparagraph (A) may cover 100 percent of the
9 total cost of the proposed project.
10 ‘‘(3) REQUIREMENTS.—The requirements of sec-
11 tion 608 shall apply to a project funded with a grant
12 under the program.
13 ‘‘(f) REPORT.—Not later than 2 years after the date
14 of enactment of this section, the Administrator shall submit
15 to Congress a report that describes the implementation of
16 the program, which shall include an accounting of all
17 grants awarded under the program, including a description
18 of each grant recipient and each project funded using a
19 grant under the program.
20 ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.—
21 ‘‘(1) IN GENERAL.—There is authorized to be ap-
22 propriated to carry out this section $25,000,000 for
23 each of fiscal years 2022 through 2026.
24 ‘‘(2) LIMITATION ON USE OF FUNDS.—Of the
25 amounts made available for grants under paragraph
† HR 3684 EAS
1948
1 (1), not more than 2 percent may be used to pay the
2 administrative costs of the Administrator.’’.
3 SEC. 50206. SMALL AND MEDIUM PUBLICLY OWNED TREAT-
† HR 3684 EAS
1949
1 mined by the Administrator, that would serve a community
2 that—
3 ‘‘(1) has a history, for not less than the 10 years
4 prior to the award of the grant, of unresolved waste-
5 water issues, stormwater issues, or a combination of
6 wastewater and stormwater issues;
7 ‘‘(2) is considered financially distressed;
8 ‘‘(3) faces the cumulative burden of stormwater
9 and wastewater overflow issues; or
10 ‘‘(4) has previously failed to access Federal tech-
11 nical assistance due to cost-sharing requirements.
12 ‘‘(d) COMMUNICATION.—Each qualified nonprofit enti-
13 ty that receives funding under this section shall, before
14 using that funding to undertake activities to carry out this
15 section, consult with the State in which the assistance is
16 to be expended or otherwise made available.
17 ‘‘(e) REPORT.—Not later than 2 years after the date
18 on which the Administrator establishes the circuit rider
19 program, and every 2 years thereafter, the Administrator
20 shall submit to Congress a report describing—
21 ‘‘(1) each recipient of a grant under the circuit
22 rider program; and
23 ‘‘(2) a summary of the activities carried out
24 under the circuit rider program.
25 ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—
† HR 3684 EAS
1950
1 ‘‘(1) IN GENERAL.—There is authorized to be ap-
2 propriated to carry out this section $10,000,000 for
3 the period of fiscal years 2022 through 2026.
4 ‘‘(2) LIMITATION ON USE OF FUNDS.—Of the
5 amounts made available for grants under paragraph
6 (1), not more than 2 percent may be used to pay the
7 administrative costs of the Administrator.’’.
8 SEC. 50207. SMALL PUBLICLY OWNED TREATMENT WORKS
† HR 3684 EAS
1951
1 ‘‘(1) an owner or operator of a small publicly
2 owned treatment works that serves—
3 ‘‘(A) a population of not more than 10,000
4 people; or
5 ‘‘(B) a disadvantaged community; or
6 ‘‘(2) a nonprofit organization that seeks to assist
7 a small publicly owned treatment works described in
8 paragraph (1) to carry out the activities described in
9 subsection (a).
10 ‘‘(c) REPORT.—Not later than 2 years after the date
11 on which the Administrator establishes the efficiency grant
12 program, and every 2 years thereafter, the Administrator
13 shall submit to Congress a report describing—
14 ‘‘(1) each recipient of a grant under the effi-
15 ciency grant program; and
16 ‘‘(2) a summary of the activities carried out
17 under the efficiency grant program.
18 ‘‘(d) USE OF FUNDS.—
19 ‘‘(1) SMALL SYSTEMS.—Of the amounts made
20 available for grants under this section, to the extent
21 that there are sufficient applications, not less than 15
22 percent shall be used for grants to publicly owned
23 treatment works that serve fewer than 3,300 people.
24 ‘‘(2) LIMITATION ON USE OF FUNDS.—Of the
25 amounts made available for grants under this section,
† HR 3684 EAS
1952
1 not more than 2 percent may be used to pay the ad-
2 ministrative costs of the Administrator.’’.
3 SEC. 50208. GRANTS FOR CONSTRUCTION AND REFUR-
7 COME.
15 COME.
† HR 3684 EAS
1953
1 ‘‘(1) IN GENERAL.—Subject to the availability of
2 appropriations, the Administrator shall establish a
3 program under which the Administrator shall provide
4 grants to private nonprofit organizations for the pur-
5 pose of improving general welfare by providing assist-
6 ance to eligible individuals—
7 ‘‘(A) for the construction, repair, or replace-
8 ment of an individual household decentralized
9 wastewater treatment system; or
10 ‘‘(B) for the installation of a larger decen-
11 tralized wastewater system designed to provide
12 treatment for 2 or more households in which eli-
13 gible individuals reside, if—
14 ‘‘(i) site conditions at the households
15 are unsuitable for the installation of an in-
16 dividually owned decentralized wastewater
17 system;
18 ‘‘(ii) multiple examples of unsuitable
19 site conditions exist in close geographic
20 proximity to each other; and
21 ‘‘(iii) a larger decentralized wastewater
22 system could be cost-effectively installed.
23 ‘‘(2) APPLICATION.—To be eligible to receive a
24 grant under this subsection, a private nonprofit orga-
25 nization shall submit to the Administrator an appli-
† HR 3684 EAS
1954
1 cation at such time, in such manner, and containing
2 such information as the Administrator determines to
3 be appropriate.
4 ‘‘(3) PRIORITY.—In awarding grants under this
5 subsection, the Administrator shall give priority to
6 applicants that have substantial expertise and experi-
7 ence in promoting the safe and effective use of indi-
8 vidual household decentralized wastewater systems.
9 ‘‘(4) ADMINISTRATIVE EXPENSES.—A private
10 nonprofit organization may use amounts provided
11 under this subsection to pay the administrative ex-
12 penses associated with the provision of the services de-
13 scribed in paragraph (1), as the Administrator deter-
14 mines to be appropriate.
15 ‘‘(c) GRANTS.—
16 ‘‘(1) IN GENERAL.—Subject to paragraph (2), a
17 private nonprofit organization shall use a grant pro-
18 vided under subsection (b) for the services described in
19 paragraph (1) of that subsection.
20 ‘‘(2) APPLICATION.—To be eligible to receive the
21 services described in subsection (b)(1), an eligible in-
22 dividual shall submit to the private nonprofit organi-
23 zation serving the area in which the individual house-
24 hold decentralized wastewater system of the eligible
25 individuals is, or is proposed to be, located an appli-
† HR 3684 EAS
1955
1 cation at such time, in such manner, and containing
2 such information as the private nonprofit organiza-
3 tion determines to be appropriate.
4 ‘‘(3) PRIORITY.—In awarding grants under this
5 subsection, a private nonprofit organization shall give
6 priority to any eligible individual who does not have
7 access to a sanitary sewage disposal system.
8 ‘‘(d) REPORT.—Not later than 2 years after the date
9 of enactment of this section, the Administrator shall submit
10 to the Committee on Environment and Public Works of the
11 Senate and the Committee on Transportation and Infra-
12 structure of the House of Representatives a report describing
13 the recipients of grants under the program under this sec-
14 tion and the results of the program under this section.
15 ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—
16 ‘‘(1) IN GENERAL.—There is authorized to be ap-
17 propriated to the Administrator to carry out this sec-
18 tion $50,000,000 for each of fiscal years 2022 through
19 2026.
20 ‘‘(2) LIMITATION ON USE OF FUNDS.—Of the
21 amounts made available for grants under paragraph
22 (1), not more than 2 percent may be used to pay the
23 administrative costs of the Administrator.’’.
† HR 3684 EAS
1956
1 SEC. 50209. CONNECTION TO PUBLICLY OWNED TREAT-
2 MENT WORKS.
7 WORKS.
† HR 3684 EAS
1958
1 ‘‘(1) Whether the eligible entity seeking a grant
2 provides services to, or works directly with, qualified
3 individuals.
4 ‘‘(2) Whether the eligible entity seeking a
5 grant—
6 ‘‘(A) has an existing program to assist in
7 covering the costs incurred in connecting a
8 household to a publicly owned treatment works;
9 or
10 ‘‘(B) seeks to create a program described in
11 subparagraph (A).
12 ‘‘(e) REQUIREMENTS.—
13 ‘‘(1) VOLUNTARY CONNECTION.—Before pro-
14 viding funds to a qualified individual for the costs de-
15 scribed in subsection (b), an eligible entity shall en-
16 sure that—
17 ‘‘(A) the qualified individual has connected
18 to the publicly owned treatment works volun-
19 tarily; and
20 ‘‘(B) if the eligible entity is not the owner
21 or operator of the publicly owned treatment
22 works to which the qualified individual has con-
23 nected, the publicly owned treatment works to
24 which the qualified individual has connected has
25 agreed to the connection.
† HR 3684 EAS
1959
1 ‘‘(2) REIMBURSEMENTS FROM PUBLICLY OWNED
† HR 3684 EAS
1960
1 ators of publicly owned treatment works
2 that serve fewer than 3,300 people; and
3 ‘‘(ii) eligible entities described in sub-
4 section (a)(1)(B) that provide the assistance
5 described in that subsection in areas that
6 are served by publicly owned treatment
7 works that serve fewer than 3,300 people.
8 ‘‘(B) ADMINISTRATIVE COSTS.—Of the
9 amounts made available for grants under para-
10 graph (1), not more than 2 percent may be used
11 to pay the administrative costs of the Adminis-
12 trator.’’.
13 SEC. 50210. CLEAN WATER STATE REVOLVING FUNDS.
† HR 3684 EAS
1961
1 ing forgiveness of principal, grants, nega-
2 tive interest loans, other loan forgiveness,
3 and through buying, refinancing, or restruc-
4 turing debt)’’; and
5 (ii) in paragraph (3), by striking sub-
6 paragraph (B) and inserting the following:
7 ‘‘(B) TOTAL AMOUNT OF SUBSIDIZATION.—
† HR 3684 EAS
1962
1 ered additional subsidization for purposes of
2 this subparagraph.’’; and
3 (C) by adding at the end the following:
4 ‘‘(k) ADDITIONAL USE OF FUNDS.—A State may use
5 an additional 2 percent of the funds annually awarded to
6 each State under this title for nonprofit organizations (as
7 defined in section 104(w)) or State, regional, interstate, or
8 municipal entities to provide technical assistance to rural,
9 small, and tribal publicly owned treatment works (within
10 the meaning of section 104(b)(8)(B)) in the State.’’.
11 (2) TECHNICAL AMENDMENT.—Section 104(w) of
12 the Federal Water Pollution Control Act (33 U.S.C.
13 1254(w)) is amended by striking ‘‘treatments works’’
14 and inserting ‘‘treatment works’’.
15 (b) CAPITALIZATION GRANT REAUTHORIZATION.—
16 Section 607 of the Federal Water Pollution Control Act (33
17 U.S.C. 1387) is amended to read as follows:
18 ‘‘SEC. 607. AUTHORIZATION OF APPROPRIATIONS.
† HR 3684 EAS
1963
1 SEC. 50211. WATER INFRASTRUCTURE AND WORKFORCE IN-
2 VESTMENT.
† HR 3684 EAS
1964
1 (ii) in subparagraph (A), by striking
2 ‘‘; and’’ at the end and inserting ‘‘, which
3 may include—’’
4 (iii) in the matter preceding subpara-
5 graph (A), by striking ‘‘program—’’ and all
6 that follows through ‘‘to assist’’ in subpara-
7 graph (A) and inserting ‘‘program to as-
8 sist’’; and
9 (iv) by adding at the end the following:
10 ‘‘(A) expanding the use and availability of
11 activities and resources that relate to the recruit-
12 ment, including the promotion of diversity with-
13 in that recruitment, of individuals to careers in
14 the water and wastewater utility sector;
15 ‘‘(B) expanding the availability of training
16 opportunities for—
17 ‘‘(i) individuals entering into the
18 water and wastewater utility sector; and
19 ‘‘(ii) individuals seeking to advance
20 careers within the water and wastewater
21 utility sector; and
22 ‘‘(C) expanding the use and availability of
23 activities and strategies, including the develop-
24 ment of innovative activities and strategies, that
25 relate to the maintenance and retention of a sus-
† HR 3684 EAS
1965
1 tainable workforce in the water and wastewater
2 utility sector.’’;
3 (B) in paragraph (2)—
4 (i) in the matter preceding subpara-
5 graph (A), by striking ‘‘institutions—’’ and
6 inserting ‘‘institutions, or public works de-
7 partments and agencies—’’; and
8 (ii) in subparagraph (A)—
9 (I) by striking clauses (ii) and
10 (iii);
11 (II) in clause (i), by adding ‘‘or’’
12 at the end;
13 (III) by redesignating clause (i)
14 as clause (ii);
15 (IV) by inserting before clause (ii)
16 (as so redesignated) the following:
17 ‘‘(i) in the development of educational
18 or recruitment materials and activities, in-
19 cluding those materials and activities that
20 specifically promote diversity within re-
21 cruitment, for the water and wastewater
22 utility workforce;’’; and
23 (V) by adding at the end the fol-
24 lowing:
† HR 3684 EAS
1966
1 ‘‘(iii) developing activities and strate-
2 gies that relate to the maintenance and re-
3 tention of a sustainable workforce in the
4 water and wastewater utility sector; and’’;
5 (C) in paragraph (3)—
6 (i) in subparagraph (D)(ii), by insert-
7 ing ‘‘or certification’’ after ‘‘training’’; and
8 (ii) in subparagraph (E), by striking
9 ‘‘ensure that incumbent water and waste
10 water utilities workers’’ and inserting ‘‘are
11 designed to retain incumbent water and
12 wastewater utility workforce workers by en-
13 suring that those workers’’; and
14 (D) by striking paragraph (4) and insert-
15 ing the following:
16 ‘‘(4) WORKING GROUP; REPORT.—
† HR 3684 EAS
1967
1 ‘‘(iv) the Department of Veterans Af-
2 fairs; and
3 ‘‘(v) other Federal agencies, as deter-
4 mined to be appropriate by the Adminis-
5 trator.
6 ‘‘(B) REPORT.—Not later than 2 years after
7 the date of enactment of this subparagraph, the
8 Administrator, in coordination with the working
9 group established under subparagraph (A), shall
10 submit to Congress a report describing potential
11 solutions to recruitment, training, and retention
12 challenges in the water and wastewater utility
13 workforce.
14 ‘‘(C) CONSULTATION.—In carrying out the
15 duties of the working group established under
16 subparagraph (A), the working group shall con-
17 sult with State operator certification programs.
18 ‘‘(5) AUTHORIZATION OF APPROPRIATIONS.—
† HR 3684 EAS
1968
1 ‘‘(a) DEFINITION OF PUBLIC WORKS DEPARTMENT OR
22 (a) ESTABLISHMENT.—
23 (1) IN GENERAL.—Subject to the availability of
24 appropriations, the Administrator shall establish a
25 competitive grant pilot program (referred to in this
† HR 3684 EAS
1969
1 section as the ‘‘pilot program’’) under which the Ad-
2 ministrator may award grants to eligible entities
3 under subsection (b) to establish systems that improve
4 the sharing of information concerning water quality,
5 water infrastructure needs, and water technology, in-
6 cluding cybersecurity technology, between States or
7 among counties and other units of local government
8 within a State, which may include—
9 (A) establishing a website or data hub to ex-
10 change water data, including data on water
11 quality or water technology, including new and
12 emerging, but proven, water technology; and
13 (B) intercounty communications initiatives
14 related to water data.
15 (2) REQUIREMENTS.—
16 (A) DATA SHARING.—The Internet of Water
17 principles developed by the Nicholas Institute for
18 Environmental Policy Solutions shall, to the ex-
19 tent practicable, guide any water data sharing
20 efforts under the pilot program.
21 (B) USE OF EXISTING DATA.—The recipient
22 of a grant under the pilot program to establish
23 a website or data hub described in paragraph
24 (1)(A) shall, to the extent practicable, leverage
25 existing data sharing infrastructure.
† HR 3684 EAS
1970
1 (b) ELIGIBLE ENTITIES.—An entity eligible for a
2 grant under the pilot program is—
3 (1) a State, county, or other unit of local govern-
4 ment that—
5 (A) has a coastal watershed with significant
6 pollution levels;
7 (B) has a water system with significant
8 pollution levels; or
9 (C) has significant individual water infra-
10 structure deficits; or
11 (2) a regional consortium established under sub-
12 section (d).
13 (c) APPLICATIONS.—To be eligible to receive a grant
14 under the pilot program, an eligible entity under subsection
15 (b) shall submit to the Administrator an application at
16 such time, in such manner, and containing such informa-
17 tion as the Administrator may require.
18 (d) REGIONAL CONSORTIA.—
19 (1) ESTABLISHMENT.—States may establish re-
20 gional consortia in accordance with this subsection.
21 (2) REQUIREMENTS.—A regional consortium es-
22 tablished under paragraph (1) shall—
23 (A) include not fewer than 2 States that
24 have entered into a memorandum of under-
25 standing—
† HR 3684 EAS
1971
1 (i) to exchange water data, including
2 data on water quality; or
3 (ii) to share information, protocols,
4 and procedures with respect to projects that
5 evaluate, demonstrate, or install new and
6 emerging, but proven, water technology;
7 (B) carry out projects—
8 (i) to exchange water data, including
9 data on water quality; or
10 (ii) that evaluate, demonstrate, or in-
11 stall new and emerging, but proven, water
12 technology; and
13 (C) develop a regional intended use plan, in
14 accordance with paragraph (3), to identify
15 projects to carry out, including projects using
16 grants received under this section.
17 (3) REGIONAL INTENDED USE PLAN.—A regional
18 intended use plan of a regional consortium established
19 under paragraph (1)—
20 (A) shall identify projects that the regional
21 consortium intends to carry out, including
22 projects that meet the requirements of paragraph
23 (2)(B); and
24 (B) may include—
† HR 3684 EAS
1972
1 (i) projects included in an intended use
2 plan of a State prepared under section
3 606(c) of the Federal Water Pollution Con-
4 trol Act (33 U.S.C. 1386(c)) within the re-
5 gional consortium; and
6 (ii) projects not included in an in-
7 tended use plan of a State prepared under
8 section 606(c) of the Federal Water Pollu-
9 tion Control Act (33 U.S.C. 1386(c)) within
10 the regional consortium.
11 (e) REPORT.—Not later than 2 years after the date of
12 enactment of this Act, the Administrator shall submit to
13 Congress a report that describes the implementation of the
14 pilot program, which shall include—
15 (1) a description of the use and deployment of
16 amounts made available under the pilot program;
17 and
18 (2) an accounting of all grants awarded under
19 the program, including a description of each grant re-
20 cipient and each project funded using a grant under
21 the pilot program.
22 (f) FUNDING.—
23 (1) AUTHORIZATION OF APPROPRIATIONS.—
† HR 3684 EAS
1973
1 2022 through 2026, to remain available until ex-
2 pended.
3 (2) REQUIREMENT.—Of the funds made avail-
4 able under paragraph (1), not more than 35 percent
5 may be used to provide grants to regional consortia
6 established under subsection (d).
7 SEC. 50214. FINAL RATING OPINION LETTERS.
15 THORIZATION.
† HR 3684 EAS
1974
1 (2) in subsection (b)(2)—
2 (A) in the paragraph heading, by striking
3 ‘‘2020 AND 2021’’ and inserting ‘‘AFTER 2019’’; and
4 (B) by striking ‘‘2020 and 2021’’ and in-
5 serting ‘‘2022 through 2026’’; and
6 (3) in subsection (e)(1), by striking ‘‘2020 and
7 2021’’ and inserting ‘‘2022 through 2026’’.
8 (b) OUTREACH PLAN.—The Water Infrastructure Fi-
9 nance and Innovation Act of 2014 (33 U.S.C. 3901 et seq.)
10 is amended by adding at the end the following:
11 ‘‘SEC. 5036. OUTREACH PLAN.
23 ANALYSIS.
† HR 3684 EAS
1975
1 of the Environmental Protection Agency, including data
2 from the environmental justice mapping and screening tool
3 of the Environmental Protection Agency, the Administrator
4 shall carry out an analysis under which the Administrator
5 shall assess the programs under title VI of the Federal
6 Water Pollution Control Act (33 U.S.C. 1381 et seq.) and
7 section 1452 of the Safe Drinking Water Act (42 U.S.C.
8 300j–12) to identify historical distributions of funds to
9 small and disadvantaged communities and new opportuni-
10 ties and methods to improve on the distribution of funds
11 under those programs to low-income communities, rural
12 communities, minority communities, and communities of
13 indigenous peoples, in accordance with Executive Order
14 12898 (42 U.S.C. 4321 note; 60 Fed. Reg. 6381; relating
15 to Federal actions to address environmental justice in mi-
16 nority populations and low-income populations).
17 (b) REQUIREMENT.—The analysis under subsection
18 (a) shall include an analysis, to the extent practicable, of
19 communities in the United States that do not have access
20 to drinking water or wastewater services.
21 (c) REPORT.—On completion of the analysis under
22 subsection (a), the Administrator shall submit to the Com-
23 mittee on Environment and Public Works of the Senate and
24 the Committees on Energy and Commerce and Transpor-
† HR 3684 EAS
1976
1 tation and Infrastructure of the House of Representatives
2 a report describing—
3 (1) the results of the analysis; and
4 (2) the criteria the Administrator used in car-
5 rying out the analysis.
6 SEC. 50217. STORMWATER INFRASTRUCTURE TECHNOLOGY.
† HR 3684 EAS
1977
1 management, as determined by the Adminis-
2 trator.
3 (b) CENTERS OF EXCELLENCE FOR STORMWATER
4 CONTROL INFRASTRUCTURE TECHNOLOGIES.—
5 (1) ESTABLISHMENT OF CENTERS.—
† HR 3684 EAS
1978
1 and protection of public safety and water
2 quality;
3 (ii) maintain a listing of—
4 (I) stormwater control infrastruc-
5 ture needs; and
6 (II) an analysis of new and
7 emerging stormwater control infra-
8 structure technologies that are avail-
9 able;
10 (iii) analyze whether additional finan-
11 cial programs for the implementation of
12 new and emerging, but proven, stormwater
13 control infrastructure technologies would be
14 useful;
15 (iv) provide information regarding re-
16 search conducted under clause (i) to the na-
17 tional electronic clearinghouse center for
18 publication on the Internet website estab-
19 lished under paragraph (3)(B)(i) to provide
20 to the Federal Government and State, Trib-
21 al, and local governments and the private
22 sector information regarding new and
23 emerging, but proven, stormwater control
24 infrastructure technologies;
† HR 3684 EAS
1979
1 (v) provide technical assistance to
2 State, Tribal, and local governments to as-
3 sist with the design, construction, operation,
4 and maintenance of stormwater control in-
5 frastructure projects that use innovative
6 technologies;
7 (vi) collaborate with institutions of
8 higher education and private and public or-
9 ganizations, including community-based
10 public-private partnerships and other stake-
11 holders, in the geographical region in which
12 the center is located; and
13 (vii) coordinate with the other centers
14 to avoid duplication of efforts.
15 (2) APPLICATION.—To be eligible to receive a
16 grant under this subsection, an eligible institution
17 shall prepare and submit to the Administrator an ap-
18 plication at such time, in such form, and containing
19 such information as the Administrator may require.
20 (3) NATIONAL ELECTRONIC CLEARINGHOUSE
† HR 3684 EAS
1980
1 (B) in addition to the other functions of
2 that center—
3 (i) develop, operate, and maintain an
4 Internet website and a public database that
5 contains information relating to new and
6 emerging, but proven, stormwater control
7 infrastructure technologies; and
8 (ii) post to the website information
9 from all centers.
10 (4) AUTHORIZATION OF APPROPRIATIONS.—
† HR 3684 EAS
1981
1 projects that incorporate new and emerging, but prov-
2 en, stormwater control technologies in accordance
3 with this subsection.
4 (2) STORMWATER CONTROL INFRASTRUCTURE
5 PROJECTS.—
† HR 3684 EAS
1982
1 maintenance of stormwater control infra-
2 structure, including new and emerging, but
3 proven, stormwater control infrastructure
4 technologies.
5 (iv) Developing approaches for commu-
6 nity-based public-private partnerships for
7 the financing and construction of
8 stormwater control infrastructure tech-
9 nologies, including feasibility studies, stake-
10 holder outreach, and needs assessments.
11 (v) Developing and delivering training
12 and educational materials regarding new
13 and emerging, but proven, stormwater con-
14 trol infrastructure technologies for distribu-
15 tion to—
16 (I) individuals and entities with
17 applicable technical knowledge; and
18 (II) the public.
19 (B) IMPLEMENTATION GRANTS.—The Ad-
20 ministrator may make implementation grants
21 under this subsection for the following projects:
22 (i) Installing new and emerging, but
23 proven, stormwater control infrastructure
24 technologies.
† HR 3684 EAS
1983
1 (ii) Protecting or restoring inter-
2 connected networks of natural areas that
3 protect water quality.
4 (iii) Monitoring and evaluating the en-
5 vironmental, economic, or social benefits of
6 stormwater control infrastructure tech-
7 nologies that incorporate new and emerging,
8 but proven, stormwater control technology.
9 (iv) Implementing a best practices
10 standard for stormwater control infrastruc-
11 ture programs.
12 (3) APPLICATION.—Except as otherwise provided
13 in this section, to be eligible to receive a grant under
14 this subsection, an eligible entity shall prepare and
15 submit to the Administrator an application at such
16 time, in such form, and containing such information
17 as the Administrator may require, including, as ap-
18 plicable—
19 (A) a description of the stormwater control
20 infrastructure project that incorporates new and
21 emerging, but proven, technologies;
22 (B) a plan for monitoring the impacts and
23 pollutant load reductions associated with the
24 stormwater control infrastructure project on the
25 water quality and quantity;
† HR 3684 EAS
1984
1 (C) an evaluation of other environmental,
2 economic, and social benefits of the stormwater
3 control infrastructure project; and
4 (D) a plan for the long-term operation and
5 maintenance of the stormwater control infra-
6 structure project and a tracking system, such as
7 asset management practices.
8 (4) PRIORITY.—In making grants under this
9 subsection, the Administrator shall give priority to
10 applications submitted on behalf of—
11 (A) a community that—
12 (i) has municipal combined storm and
13 sanitary sewers in the collection system of
14 the community; or
15 (ii) is a small, rural, or disadvantaged
16 community, as determined by the Adminis-
17 trator; or
18 (B) an eligible entity that will use not less
19 than 15 percent of the grant to provide service
20 to a small, rural, or disadvantaged community,
21 as determined by the Administrator.
22 (5) MAXIMUM AMOUNTS.—
24 GRANTS.—
† HR 3684 EAS
1985
1 (i) SINGLE GRANT.—The amount of a
2 single planning and development grant pro-
3 vided under this subsection shall be not
4 more than $200,000.
5 (ii) AGGREGATE AMOUNT.—The total
6 amount of all planning and development
7 grants provided under this subsection for a
8 fiscal year shall be not more than 1⁄3 of the
9 total amount made available to carry out
10 this subsection.
11 (B) IMPLEMENTATION GRANTS.—
† HR 3684 EAS
1986
1 provided under this subsection shall not exceed
2 80 percent of the total project cost.
3 (B) CREDIT FOR IMPLEMENTATION
† HR 3684 EAS
1987
1 (3) a description of the improvements in tech-
2 nology, environmental benefits, resources conserved,
3 efficiencies, and other benefits of the projects funded
4 under this section;
5 (4) recommendations for improvements to pro-
6 mote and support new and emerging, but proven,
7 stormwater control infrastructure, including research
8 into new and emerging technologies, for the centers,
9 grants, and activities under this section; and
10 (5) a description of existing challenges con-
11 cerning the use of new and emerging, but proven,
12 stormwater control infrastructure.
13 (e) AUTHORIZATION OF APPROPRIATIONS.—
14 (1) IN GENERAL.—There is authorized to be ap-
15 propriated to carry out this section (except for sub-
16 section (b)) $10,000,000 for each of fiscal years 2022
17 through 2026.
18 (2) LIMITATION ON USE OF FUNDS.—Of the
19 amounts made available for grants under paragraph
20 (1), not more than 2 percent may be used to pay the
21 administrative costs of the Administrator.
22 SEC. 50218. WATER REUSE INTERAGENCY WORKING GROUP.
† HR 3684 EAS
1988
1 lish a Water Reuse Interagency Working Group (referred
2 to in this section as the ‘‘Working Group’’).
3 (b) PURPOSE.—The purpose of the Working Group is
4 to develop and coordinate actions, tools, and resources to
5 advance water reuse across the United States, including
6 through the implementation of the February 2020 National
7 Water Reuse Action Plan, which creates opportunities for
8 water reuse in the mission areas of each of the Federal agen-
9 cies included in the Working Group under subsection (c)
10 (referred to in this section as the ‘‘Action Plan’’).
11 (c) CHAIRPERSON; MEMBERSHIP.—The Working
12 Group shall be—
13 (1) chaired by the Administrator; and
14 (2) comprised of senior representatives from such
15 Federal agencies as the Administrator determines to
16 be appropriate.
17 (d) DUTIES OF THE WORKING GROUP.—In carrying
18 out this section, the Working Group shall—
19 (1) with respect to water reuse, leverage the ex-
20 pertise of industry, the research community, non-
21 governmental organizations, and government;
22 (2) seek to foster water reuse as an important
23 component of integrated water resources management;
24 (3) conduct an assessment of new opportunities
25 to advance water reuse and annually update the Ac-
† HR 3684 EAS
1989
1 tion Plan with new actions, as necessary, to pursue
2 those opportunities;
3 (4) seek to coordinate Federal programs and
4 policies to support the adoption of water reuse;
5 (5) consider how each Federal agency can ex-
6 plore and identify opportunities to support water
7 reuse through the programs and activities of that Fed-
8 eral agency; and
9 (6) consult, on a regular basis, with representa-
10 tives of relevant industries, the research community,
11 and nongovernmental organizations.
12 (e) REPORT.—Not less frequently than once every 2
13 years, the Administrator shall submit to Congress a report
14 on the activities and findings of the Working Group.
15 (f) SUNSET.—
16 (1) IN GENERAL.—Subject to paragraph (2), the
17 Working Group shall terminate on the date that is 6
18 years after the date of enactment of this Act.
19 (2) EXTENSION.—The Administrator may extend
20 the date of termination of the Working Group under
21 paragraph (1).
22 SEC. 50219. ADVANCED CLEAN WATER TECHNOLOGIES
23 STUDY.
† HR 3684 EAS
1990
1 of this Act, the Administrator shall carry out a study that
2 examines the state of existing and potential future tech-
3 nology, including technology that could address cybersecu-
4 rity vulnerabilities, that enhances or could enhance the
5 treatment, monitoring, affordability, efficiency, and safety
6 of wastewater services provided by a treatment works (as
7 defined in section 212 of the Federal Water Pollution Con-
8 trol Act (33 U.S.C. 1292)).
9 (b) REPORT.—The Administrator shall submit to the
10 Committee on Environment and Public Works of the Senate
11 and the Committee on Energy and Commerce of the House
12 of Representatives a report that describes the results of the
13 study under subsection (a).
14 SEC. 50220. CLEAN WATERSHEDS NEEDS SURVEY.
† HR 3684 EAS
1991
1 ble under section 603(c) for assistance from State
2 water pollution control revolving funds; and
3 ‘‘(2) submit to Congress a report describing the
4 results of the assessment completed under paragraph
5 (1).
6 ‘‘(b) AUTHORIZATION OF APPROPRIATIONS.—There is
7 authorized to be appropriated to carry out the initial needs
8 survey under subsection (a) $5,000,000, to remain available
9 until expended.’’.
10 SEC. 50221. WATER RESOURCES RESEARCH ACT AMEND-
11 MENTS.
† HR 3684 EAS
1992
1 ‘‘(1) IN GENERAL.—From the sums appropriated
2 pursuant to subsection (f), the Secretary shall make
3 grants to each institute to be matched on a basis of
4 no less than 1 non-Federal dollar for every 1 Federal
5 dollar.
6 ‘‘(2) REPORT.—Not later than December 31 of
7 each fiscal year, the Secretary shall submit to the
8 Committee on Environment and Public Works of the
9 Senate, the Committee on the Budget of the Senate,
10 the Committee on Transportation and Infrastructure
11 of the House of Representatives, and the Committee
12 on the Budget of the House of Representatives a re-
13 port regarding the compliance of each funding recipi-
14 ent with this subsection for the immediately preceding
15 fiscal year.’’.
16 (c) EVALUATION OF WATER RESOURCES RESEARCH
17 PROGRAM.—Section 104 of the Water Resources Research
18 Act of 1984 (42 U.S.C. 10303) is amended by striking sub-
19 section (e) and inserting the following:
20 ‘‘(e) EVALUATION OF WATER RESOURCES RESEARCH
21 PROGRAM.—
22 ‘‘(1) IN GENERAL.—The Secretary shall conduct
23 a careful and detailed evaluation of each institute at
24 least once every 5 years to determine—
† HR 3684 EAS
1993
1 ‘‘(A) the quality and relevance of the water
2 resources research of the institute;
3 ‘‘(B) the effectiveness of the institute at pro-
4 ducing measured results and applied water sup-
5 ply research; and
6 ‘‘(C) whether the effectiveness of the institute
7 as an institution for planning, conducting, and
8 arranging for research warrants continued sup-
9 port under this section.
10 ‘‘(2) PROHIBITION ON FURTHER SUPPORT.—If,
† HR 3684 EAS
1994
1 sentence by striking ‘‘$6,000,000 for each of fiscal years
2 2007 through 2011’’ and inserting ‘‘$3,000,000 for each of
3 fiscal years 2022 through 2025’’.
4 SEC. 50222. ENHANCED AQUIFER USE AND RECHARGE.
† HR 3684 EAS
1995
1 ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—There is
2 authorized to be appropriated to the Administrator to carry
3 out this section $5,000,000 for each of fiscal years 2022
4 through 2026.’’.
5 DIVISION F—BROADBAND
6 TITLE I—BROADBAND GRANTS
7 FOR STATES, DISTRICT OF CO-
8 LUMBIA, PUERTO RICO, AND
9 TERRITORIES
10 SEC. 60101. FINDINGS.
† HR 3684 EAS
1996
1 the potential to offer consumers more affordable, high-
2 quality options for broadband service.
3 (5) The 2019 novel coronavirus pandemic has
4 underscored the critical importance of affordable,
5 high-speed broadband for individuals, families, and
6 communities to be able to work, learn, and connect re-
7 motely while supporting social distancing.
8 SEC. 60102. GRANTS FOR BROADBAND DEPLOYMENT.
9 (a) DEFINITIONS.—
10 (1) AREAS, LOCATIONS, AND INSTITUTIONS LACK-
† HR 3684 EAS
1997
1 (II) a latency sufficient to support
2 real-time, interactive applications.
3 (B) UNSERVED SERVICE PROJECT.—The
† HR 3684 EAS
1998
1 project are unserved locations or underserved lo-
2 cations.
3 (E) ELIGIBLE COMMUNITY ANCHOR INSTI-
† HR 3684 EAS
1999
1 (E) COMMUNITY ANCHOR INSTITUTION.—
† HR 3684 EAS
2000
1 (III) the unique topography of the
2 area;
3 (IV) a high rate of poverty in the
4 area; or
5 (V) any other factor identified by
6 the Assistant Secretary, in consultation
7 with the Commission, that contributes
8 to the higher cost of deploying
9 broadband service in the area.
10 (ii) UNSERVED AREA.—For purposes of
11 clause (i), the term ‘‘unserved area’’ means
12 an area in which not less than 80 percent
13 of broadband-serviceable locations are
14 unserved locations.
15 (H) LOCATION; BROADBAND-SERVICEABLE
† HR 3684 EAS
2001
1 in quality of service, and related criteria as
2 the Assistant Secretary shall determine; and
3 (ii) ensure that the network built by
4 the project can easily scale speeds over time
5 to—
6 (I) meet the evolving connectivity
7 needs of households and businesses; and
8 (II) support the deployment of
9 5G, successor wireless technologies, and
10 other advanced services.
11 (J) PROGRAM.—The term ‘‘Program’’
12 means the Broadband Equity, Access, and De-
13 ployment Program established under subsection
14 (b)(1).
15 (K) PROJECT.—The term ‘‘project’’ means
16 an undertaking by a subgrantee under this sec-
17 tion to construct and deploy infrastructure for
18 the provision of broadband service.
19 (L) RELIABLE BROADBAND SERVICE.—The
† HR 3684 EAS
2002
1 sistant Secretary in coordination with the Com-
2 mission.
3 (M) STATE.—The term ‘‘State’’ has the
4 meaning given the term in section 158 of the Na-
5 tional Telecommunications and Information Ad-
6 ministration Organization Act (47 U.S.C. 942),
7 except that that definition shall be applied by
8 striking ‘‘, and any other territory or possession
9 of the United States’’.
10 (N) SUBGRANTEE.—The term ‘‘subgrantee’’
11 means an entity that receives grant funds from
12 an eligible entity to carry out activities under
13 subsection (f).
14 (b) BROADBAND EQUITY, ACCESS, AND DEPLOYMENT
15 PROGRAM.—
16 (1) ESTABLISHMENT.—Not later than 180 days
17 after the date of enactment of this Act, the Assistant
18 Secretary shall establish a grant program, to be
19 known as the ‘‘Broadband Equity, Access, and De-
20 ployment Program’’, under which the Assistant Sec-
21 retary makes grants to eligible entities, in accordance
22 with this section, to bridge the digital divide.
23 (2) AUTHORIZATION OF APPROPRIATIONS.—
† HR 3684 EAS
2003
1 ant Secretary to carry out the Program
2 $42,450,000,000.
3 (3) OBLIGATION TIMELINE.—The Assistant Sec-
4 retary shall obligate all amounts appropriated pursu-
5 ant to paragraph (2) in an expedient manner after
6 the Assistant Secretary issues the notice of funding
7 opportunity under subsection (e)(1).
8 (4) TECHNICAL SUPPORT AND ASSISTANCE.—
† HR 3684 EAS
2004
1 (i) to support the expansion of
2 broadband, with priority for—
3 (I) expansion in rural areas; and
4 (II) eligible entities that consist-
5 ently rank below most other eligible en-
6 tities with respect to broadband access
7 and deployment; and
8 (ii) regarding cybersecurity resources
9 and programs available through Federal
10 agencies, including the Election Assistance
11 Commission, the Cybersecurity and Infra-
12 structure Security Agency, the Federal
13 Trade Commission, and the National Insti-
14 tute of Standards and Technology.
15 (c) ALLOCATION.—
16 (1) ALLOCATION FOR HIGH-COST AREAS.—
† HR 3684 EAS
2005
1 (i) dividing the number of unserved lo-
2 cations in high-cost areas in the eligible en-
3 tity by the total number of unserved loca-
4 tions in high-cost areas in the United
5 States; and
6 (ii) multiplying the quotient obtained
7 under clause (i) by the amount made avail-
8 able under subparagraph (A).
9 (2) MINIMUM INITIAL ALLOCATION.—Of the
10 amount appropriated pursuant to subsection (b)(2)—
11 (A) except as provided in subparagraph (B)
12 of this paragraph, $100,000,000 shall be allo-
13 cated to each State; and
14 (B) $100,000,000 shall be allocated to, and
15 divided equally among, the United States Virgin
16 Islands, Guam, American Samoa, and the Com-
17 monwealth of the Northern Mariana Islands.
18 (3) ALLOCATION OF REMAINING AMOUNTS.—
† HR 3684 EAS
2006
1 maining after compliance with paragraphs (1)
2 and (2) of this subsection.
3 (B) ALLOCATION.—The amount allocated to
4 an eligible entity under subparagraph (B) shall
5 be calculated by—
6 (i) dividing the number of unserved lo-
7 cations in the eligible entity by the total
8 number of unserved locations in the United
9 States; and
10 (ii) multiplying the quotient obtained
11 under clause (i) by the amount made avail-
12 able under subparagraph (A).
13 (4) AVAILABILITY CONDITIONED ON APPROVAL OF
† HR 3684 EAS
2007
1 (B) POLITICAL SUBDIVISIONS AND CON-
2 SORTIA.—
† HR 3684 EAS
2008
1 (II) any reference in this section
2 to an eligible entity in a geographic
3 sense shall be deemed to refer to the eli-
4 gible entity in whose place the political
5 subdivision or consortium submitted
6 the covered application.
7 (C) REALLOCATION TO OTHER ELIGIBLE
8 ENTITIES.—
† HR 3684 EAS
2009
1 (I) shall reallocate the amounts
2 that would have been available to the
3 eligible entity pursuant to that type of
4 covered application to other eligible en-
5 tities that submitted that type of cov-
6 ered application by the applicable
7 deadline; and
8 (II) shall reallocate the amounts
9 described in subclause (I) of this clause
10 in accordance with the formula under
11 paragraph (3).
12 (ii) FAILURE TO USE FULL ALLOCA-
† HR 3684 EAS
2010
1 (d) ADMINISTRATIVE EXPENSES.—
2 (1) ASSISTANT SECRETARY.—The Assistant Sec-
3 retary may use not more than 2 percent of amounts
4 appropriated pursuant to subsection (b) for adminis-
5 trative purposes.
6 (2) ELIGIBLE ENTITIES.—
20 NING.—
† HR 3684 EAS
2011
1 (i) issue a notice of funding oppor-
2 tunity for the Program that—
3 (I) notifies eligible entities of—
4 (aa) the establishment of the
5 Program; and
6 (bb) the amount of the min-
7 imum initial allocation to each el-
8 igible entity under subsection
9 (c)(2);
10 (II) invites eligible entities to sub-
11 mit letters of intent under subpara-
12 graph (B) in order to—
13 (aa) participate in the Pro-
14 gram; and
15 (bb) receive funding for plan-
16 ning and pre-deployment activi-
17 ties under subparagraph (C);
18 (III) contains details about the
19 Program, including an outline of the
20 requirements for—
21 (aa) applications for grants
22 under the Program, which shall
23 consist of letters of intent, initial
24 proposals, and final proposals;
25 and
† HR 3684 EAS
2012
1 (bb) allowed uses of grant
2 amounts awarded under this sec-
3 tion, as provided in subsection (f);
4 and
5 (IV) includes any other informa-
6 tion determined relevant by the Assist-
7 ant Secretary;
8 (ii) establish a process, in accordance
9 with subparagraph (C), through which to
10 provide funding to eligible entities for plan-
11 ning and pre-deployment activities;
12 (iii) develop and make public a stand-
13 ard online application form that an eligible
14 entity may use to submit an initial pro-
15 posal and final proposal for the grant
16 amounts allocated to the eligible entity
17 under subsection (c);
18 (iv) publish a template—
19 (I) initial proposal that complies
20 with paragraph (3)(A); and
21 (II) final proposal that complies
22 with paragraph (4)(A); and
23 (v) in consultation with the Commis-
24 sion, establish standards for how an eligible
25 entity shall assess the capabilities and ca-
† HR 3684 EAS
2013
1 pacities of a prospective subgrantee under
2 subsection (g)(2)(A).
3 (B) LETTER OF INTENT.—
† HR 3684 EAS
2014
1 (CC) whether the eligible
2 entity has an eligible entity-
3 wide plan and goal for avail-
4 ability of broadband, and
5 any relevant deadlines, as
6 applicable; and
7 (DD) the amount of
8 funding that the eligible enti-
9 ty has available for
10 broadband deployment or
11 other broadband-related ac-
12 tivities, including data col-
13 lection and local planning,
14 and the sources of that fund-
15 ing, including whether the
16 funds are from the eligible
17 entity or from the Federal
18 Government under the Amer-
19 ican Rescue Plan Act of 2021
20 (Public Law 117–2);
21 (bb) the number of full-time
22 employees and part-time employ-
23 ees of the eligible entity who will
24 assist in administering amounts
25 received under the Program and
† HR 3684 EAS
2015
1 the duties assigned to those em-
2 ployees;
3 (cc) relevant contracted sup-
4 port; and
5 (dd) the goals of the eligible
6 entity for the use of amounts re-
7 ceived under the Program, the
8 process that the eligible entity will
9 use to distribute those amounts to
10 subgrantees, the timeline for
11 awarding subgrants, and over-
12 sight and reporting requirements
13 that the eligible entity will impose
14 on subgrantees;
15 (II) the identification of known
16 barriers or challenges to developing
17 and administering a program to ad-
18 minister grants received under the Pro-
19 gram, if applicable;
20 (III) the identification of the ad-
21 ditional capacity needed by the eligible
22 entity to implement the requirements
23 under this section, such as—
24 (aa) enhancing the capacity
25 of the broadband program or of-
† HR 3684 EAS
2016
1 fice of the eligible entity by receiv-
2 ing technical assistance from Fed-
3 eral entities or other partners,
4 hiring additional employees, or
5 obtaining support from contracted
6 entities; or
7 (bb) acquiring additional
8 programmatic information or
9 data, such as through surveys or
10 asset inventories;
11 (IV) an explanation of how the
12 needs described in subclause (III) were
13 identified and how funds may be used
14 to address those needs, including target
15 areas;
16 (V) details of any relevant part-
17 ners, such as organizations that may
18 inform broadband deployment and
19 adoption planning; and
20 (VI) any other information deter-
21 mined relevant by the Assistant Sec-
22 retary.
23 (C) PLANNING FUNDS.—
† HR 3684 EAS
2017
1 which an eligible entity, in submitting a
2 letter of intent under subparagraph (B),
3 may request access to not more than 5 per-
4 cent of the amount allocated to the eligible
5 entity under subsection (c)(2) for use con-
6 sistent with this subparagraph.
7 (ii) FUNDING AVAILABILITY.—If the
8 Assistant Secretary approves a request from
9 an eligible entity under clause (i), the As-
10 sistant Secretary shall make available to the
11 eligible entity an amount, as determined
12 appropriate by the Assistant Secretary, that
13 is not more than 5 percent of the amount
14 allocated to the eligible entity under sub-
15 section (c)(2).
16 (iii) ELIGIBLE USE.—The Assistant
17 Secretary shall determine the allowable uses
18 of amounts made available under clause
19 (ii), which may include—
20 (I) research and data collection,
21 including initial identification of
22 unserved locations and underserved lo-
23 cations;
† HR 3684 EAS
2018
1 (II) the development of a prelimi-
2 nary budget for pre-planning activi-
3 ties;
4 (III) publications, outreach, and
5 communications support;
6 (IV) providing technical assist-
7 ance, including through workshops and
8 events;
9 (V) training for employees of the
10 broadband program or office of the eli-
11 gible entity or employees of political
12 subdivisions of the eligible entity, and
13 related staffing capacity or consulting
14 or contracted support; and
15 (VI) with respect to an office that
16 oversees broadband programs and
17 broadband deployment in an eligible
18 entity, establishing, operating, or in-
19 creasing the capacity of such a
20 broadband office.
21 (D) ACTION PLAN.—
† HR 3684 EAS
2019
1 submit to the Assistant Secretary a 5-year
2 action plan, which shall—
3 (I) be informed by collaboration
4 with local and regional entities; and
5 (II) detail—
6 (aa) investment priorities
7 and associated costs;
8 (bb) alignment of planned
9 spending with economic develop-
10 ment, telehealth, and related
11 connectivity efforts.
12 (ii) REQUIREMENTS OF ACTION
† HR 3684 EAS
2020
1 service in the eligible entity, including
2 by identifying locations that should be
3 prioritized for Federal support with re-
4 spect to that deployment;
5 (IV) ascertain how best to serve
6 unserved locations in the eligible enti-
7 ty, whether through the establishment
8 of cooperatives or public-private part-
9 nerships;
10 (V) identify the technical assist-
11 ance that would be necessary to carry
12 out the plan; and
13 (VI) assess the amount of time it
14 would take to build out universal
15 broadband service in the eligible entity.
16 (2) NOTICE OF AVAILABLE AMOUNTS; INVITATION
† HR 3684 EAS
2021
1 under this section, in accordance with para-
2 graphs (3) and (4) of this subsection.
3 (3) INITIAL PROPOSAL.—
4 (A) SUBMISSION.—
5 (i) IN GENERAL.—After the Assistant
6 Secretary issues the notice under paragraph
7 (2), an eligible entity that wishes to receive
8 a grant under this section shall submit an
9 initial proposal for a grant, using the on-
10 line application form developed by the As-
11 sistant Secretary under paragraph
12 (1)(A)(iii), that—
13 (I) outlines long-term objectives
14 for deploying broadband, closing the
15 digital divide, and enhancing economic
16 growth and job creation, including—
17 (aa) information developed
18 by the eligible entity as part of
19 the action plan submitted under
20 paragraph (1)(D), if applicable;
21 and
22 (bb) information from any
23 comparable strategic plan other-
24 wise developed by the eligible enti-
25 ty, if applicable;
† HR 3684 EAS
2022
1 (II)(aa) identifies, and outlines
2 steps to support, local and regional
3 broadband planning processes or ongo-
4 ing efforts to deploy broadband or close
5 the digital divide; and
6 (bb) describes coordination with
7 local governments, along with local
8 and regional broadband planning
9 processes;
10 (III) identifies existing efforts
11 funded by the Federal Government or a
12 State within the jurisdiction of the eli-
13 gible entity to deploy broadband and
14 close the digital divide;
15 (IV) includes a plan to competi-
16 tively award subgrants to ensure time-
17 ly deployment of broadband;
18 (V) identifies—
19 (aa) each unserved location
20 or underserved location under the
21 jurisdiction of the eligible entity;
22 and
23 (bb) each community anchor
24 institution under the jurisdiction
25 of the eligible entity that is an eli-
† HR 3684 EAS
2023
1 gible community anchor institu-
2 tion; and
3 (VI) certifies the intent of the eli-
4 gible entity to comply with all applica-
5 ble requirements under this section, in-
6 cluding the reporting requirements
7 under subsection (j)(1).
8 (ii) LOCAL COORDINATION.—
† HR 3684 EAS
2024
1 (B) SINGLE INITIAL PROPOSAL.—An eligible
2 entity may submit only 1 initial proposal under
3 this paragraph.
4 (C) CORRECTIONS TO INITIAL PROPOSAL.—
† HR 3684 EAS
2025
1 (II) shall approve or disapprove
2 the initial proposal based on the deter-
3 minations under subclause (I); and
4 (III) if the Assistant Secretary
5 approves the initial proposal under
6 clause (ii)(II), shall make available to
7 the eligible entity—
8 (aa) 20 percent of the grant
9 funds that were allocated to the el-
10 igible entity under subsection (c);
11 or
12 (bb) a higher percentage of
13 the grant funds that were allo-
14 cated to the eligible entity under
15 subsection (c), at the discretion of
16 the Assistant Secretary; and
17 (iii) if the initial proposal is incom-
18 plete, or is disapproved under clause
19 (ii)(II), shall notify the eligible entity and
20 provide the eligible entity with an oppor-
21 tunity to resubmit the initial proposal.
22 (E) CONSIDERATION OF RESUBMITTED INI-
† HR 3684 EAS
2026
1 (i) shall acknowledge receipt;
2 (ii) if the initial proposal is com-
3 plete—
4 (I) shall determine whether the
5 use of funds proposed in the initial
6 proposal—
7 (aa) complies with subsection
8 (f);
9 (bb) is in the public interest;
10 and
11 (cc) effectuates the purposes
12 of this Act;
13 (II) shall approve or disapprove
14 the initial proposal based on the deter-
15 minations under subclause (I); and
16 (III) if the Assistant Secretary
17 approves the initial proposal under
18 clause (ii)(II), shall make available to
19 the eligible entity—
20 (aa) 20 percent of the grant
21 funds that were allocated to the el-
22 igible entity under subsection (c);
23 or
24 (bb) a higher percentage of
25 the grant funds that were allo-
† HR 3684 EAS
2027
1 cated to the eligible entity under
2 subsection (c), at the discretion of
3 the Assistant Secretary; and
4 (iii) if the initial proposal is incom-
5 plete, or is disapproved under clause
6 (ii)(II), shall notify the eligible entity and
7 provide the eligible entity with an oppor-
8 tunity to resubmit the initial proposal.
9 (4) FINAL PROPOSAL.—
10 (A) SUBMISSION.—
11 (i) IN GENERAL.—After the Assistant
12 Secretary approvals the initial proposal of
13 an eligible entity under paragraph (3), the
14 eligible entity may submit a final proposal
15 for the remainder of the amount allocated to
16 the eligible entity under subsection (c),
17 using the online application form developed
18 by the Assistant Secretary under paragraph
19 (1)(A)(iii), that includes—
20 (I) a detailed plan that specifies
21 how the eligible entity will—
22 (aa) allocate grant funds for
23 the deployment of broadband net-
24 works to unserved locations and
25 underserved locations, in accord-
† HR 3684 EAS
2028
1 ance with subsection (h)(1)(A)(i);
2 and
3 (bb) align the grant funds al-
4 located to the eligible entity under
5 subsection (c), where practicable,
6 with the use of other funds that
7 the eligible entity receives from
8 the Federal Government, a State,
9 or a private entity for related
10 purposes;
11 (II) a timeline for implementa-
12 tion;
13 (III) processes for oversight and
14 accountability to ensure the proper use
15 of the grant funds allocated to the eli-
16 gible entity under subsection (c); and
17 (IV) a description of coordination
18 with local governments, along with
19 local and regional broadband planning
20 processes.
21 (ii) LOCAL COORDINATION.—
† HR 3684 EAS
2029
1 to follow, to the greatest extent prac-
2 ticable.
3 (II) REQUIREMENTS.— The local
4 coordination requirements established
5 under subclause (I) shall include, at
6 minimum, an opportunity for political
7 subdivisions of an eligible entity to—
8 (aa) submit plans for consid-
9 eration by the eligible entity; and
10 (bb) comment on the final
11 proposal of the eligible entity be-
12 fore the final proposal is sub-
13 mitted to the Assistant Secretary.
14 (iii) FEDERAL COORDINATION.—To en-
15 sure efficient and effective use of taxpayer
16 funds, an eligible entity shall, to the great-
17 est extent practicable, align the use of grant
18 funds proposed in the final proposal under
19 clause (i) with funds available from other
20 Federal programs that support broadband
21 deployment and access.
22 (B) SINGLE FINAL PROPOSAL.—An eligible
23 entity may submit only 1 final proposal under
24 this paragraph.
† HR 3684 EAS
2030
1 (C) CORRECTIONS TO FINAL PROPOSAL.—
† HR 3684 EAS
2031
1 grant funds allocated to the eligible en-
2 tity under subsection (c); and
3 (iii) if the final proposal is incomplete,
4 or is disapproved under clause (ii)(II), shall
5 notify the eligible entity and provide the eli-
6 gible entity with an opportunity to resub-
7 mit the final proposal.
8 (E) CONSIDERATION OF RESUBMITTED
† HR 3684 EAS
2032
1 (III) if the Assistant Secretary
2 approves the final proposal under
3 clause (ii)(II), shall make available to
4 the eligible entity the remainder of the
5 grant funds allocated to the eligible en-
6 tity under subsection (c); and
7 (iii) if the final proposal is incomplete,
8 or is disapproved under clause (ii)(II), shall
9 notify the eligible entity and provide the eli-
10 gible entity with an opportunity to resub-
11 mit the final proposal.
12 (f) USE OF FUNDS.—An eligible entity may use grant
13 funds received under this section to competitively award
14 subgrants for—
15 (1) unserved service projects and underserved
16 service projects;
17 (2) connecting eligible community anchor insti-
18 tutions;
19 (3) data collection, broadband mapping, and
20 planning;
21 (4) installing internet and Wi-Fi infrastructure
22 or providing reduced-cost broadband within a multi-
23 family residential building, with priority given to a
24 residential building that—
† HR 3684 EAS
2033
1 (A) has a substantial share of unserved
2 households; or
3 (B) is in a location in which the percentage
4 of individuals with a household income that is at
5 or below 150 percent of the poverty line applica-
6 ble to a family of the size involved (as deter-
7 mined under section 673(2) of the Community
8 Services Block Grant Act (42 U.S.C. 9902(2)) is
9 higher than the national percentage of such indi-
10 viduals;
11 (5) broadband adoption, including programs to
12 provide affordable internet-capable devices; and
13 (6) any use determined necessary by the Assist-
14 ant Secretary to facilitate the goals of the Program.
15 (g) GENERAL PROGRAM REQUIREMENTS.—
16 (1) SUBGRANTEE OBLIGATIONS.—A subgrantee,
17 in carrying out activities using amounts received
18 from an eligible entity under this section—
19 (A) shall adhere to quality-of-service stand-
20 ards, as established by the Assistant Secretary;
21 (B) shall comply with prudent cybersecurity
22 and supply chain risk management practices, as
23 specified by the Assistant Secretary, in consulta-
24 tion with the Director of the National Institute
† HR 3684 EAS
2034
1 of Standards and Technology and the Commis-
2 sion;
3 (C) shall incorporate best practices, as de-
4 fined by the Assistant Secretary, for ensuring re-
5 liability and resilience of broadband infrastruc-
6 ture; and
7 (D) may not use the amounts to purchase
8 or support—
9 (i) any covered communications equip-
10 ment or service, as defined in section 9 of
11 the Secure and Trusted Communications
12 Networks Act of 2019 (47 U.S.C. 1608); or
13 (ii) fiber optic cable and optical trans-
14 mission equipment manufactured in the
15 People’s Republic of China, except that the
16 Assistant Secretary may waive the applica-
17 tion of this clause with respect to a project
18 if the eligible entity that awards a subgrant
19 for the project shows that such application
20 would unreasonably increase the cost of the
21 project.
22 (2) ELIGIBLE ENTITY OBLIGATIONS.—In distrib-
23 uting funds to subgrantees under this section, an eli-
24 gible entity shall—
† HR 3684 EAS
2035
1 (A) ensure that any prospective sub-
2 grantee—
3 (i) is capable of carrying out activities
4 funded by the subgrant in a competent
5 manner in compliance with all applicable
6 Federal, State, and local laws;
7 (ii) has the financial and managerial
8 capacity to meet—
9 (I) the commitments of the sub-
10 grantee under the subgrant;
11 (II) the requirements of the Pro-
12 gram; and
13 (III) such requirements as may be
14 further prescribed by the Assistant Sec-
15 retary; and
16 (iii) has the technical and operational
17 capability to provide the services promised
18 in the subgrant in the manner contemplated
19 by the subgrant award;
20 (B) stipulate, in any contract with a sub-
21 grantee for the use of such funds, reasonable pro-
22 visions for recovery of funds for nonperformance;
23 and
24 (C)(i) distribute the funds in an equitable
25 and non-discriminatory manner; and
† HR 3684 EAS
2036
1 (ii) ensure, through a stipulation in any
2 contract with a subgrantee for the use of such
3 funds, that each subgrantee uses the funds in an
4 equitable and nondiscriminatory manner.
5 (3) DEOBLIGATION OF AWARDS; INTERNET DIS-
† HR 3684 EAS
2037
1 no cost to the public, that contains information
2 sufficient to allow the public to understand and
3 monitor grants and subgrants awarded under the
4 Program.
5 (h) BROADBAND NETWORK DEPLOYMENT.—
6 (1) ORDER OF AWARDS; PRIORITY.—
† HR 3684 EAS
2038
1 (ii) in providing funding under sub-
2 clauses (I), (II), and (III) of clause (i),
3 shall prioritize funding for deployment of
4 broadband infrastructure for priority
5 broadband projects;
6 (iii) may not exclude cooperatives,
7 nonprofit organizations, public-private
8 partnerships, private companies, public or
9 private utilities, public utility districts, or
10 local governments from eligibility for such
11 grant funds; and
12 (iv) shall give priority to projects
13 based on—
14 (I) deployment of a broadband
15 network to persistent poverty counties
16 or high-poverty areas;
17 (II) the speeds of the proposed
18 broadband service;
19 (III) the expediency with which a
20 project can be completed; and
21 (IV) a demonstrated record of and
22 plans to be in compliance with Federal
23 labor and employment laws.
24 (B) AUTHORITY OF ASSISTANT SEC-
† HR 3684 EAS
2039
1 additional guidance on the prioritization of sub-
2 grants awarded for the deployment of a
3 broadband network using grant funds received
4 under this section.
5 (2) CHALLENGE PROCESS.—
† HR 3684 EAS
2040
1 broadband networks, an eligible entity shall pro-
2 vide public notice of the final classification of
3 each unserved location, underserved location, or
4 eligible community anchor institution within the
5 jurisdiction of the eligible entity.
6 (C) CONSULTATION WITH NTIA.—An eligible
7 entity shall notify the Assistant Secretary of any
8 modification to the initial proposal of the eligible
9 entity submitted under subsection (e)(3) that is
10 necessitated by a successful challenge under sub-
11 paragraph (A) of this paragraph.
12 (D) NTIA AUTHORITY.—The Assistant Sec-
13 retary—
14 (i) may modify the challenge process
15 required under subparagraph (A) as nec-
16 essary; and
17 (ii) may reverse the determination of
18 an eligible entity with respect to the eligi-
19 bility of a particular location or commu-
20 nity anchor institution for grant funds
21 under this section.
22 (E) EXPEDITING BROADBAND DATA COLLEC-
23 TION ACTIVITIES.—
† HR 3684 EAS
2041
1 DATA ACT.—Section 802(b)(5)(C)(i) of the
2 Communications Act of 1934 (47 U.S.C.
3 642(b)(5)(C)(i)) is amended by striking
4 ‘‘challenges’’ and inserting the following:
5 ‘‘challenges, which shall require that the
6 Commission resolve a challenge not later
7 than 90 days after the date on which a final
8 response by a provider to a challenge to the
9 accuracy of a map or information described
10 in subparagraph (A) is complete’’.
11 (ii) PAPERWORK REDUCTION ACT EX-
25 (A) IN GENERAL.—
† HR 3684 EAS
2042
1 (i) MATCHING REQUIREMENT.—In al-
2 locating grant funds received under this sec-
3 tion for deployment of broadband networks,
4 an eligible entity shall provide, or require a
5 subgrantee to provide, a contribution, de-
6 rived from non-Federal funds (or funds
7 from a Federal regional commission or au-
8 thority), except in high-cost areas or as oth-
9 erwise provided by this Act, of not less than
10 25 percent of project costs.
11 (ii) WAIVER.—Upon request by an eli-
12 gible entity or a subgrantee, the Assistant
13 Secretary may reduce or waive the required
14 matching contribution under clause (i).
15 (B) SOURCE OF MATCH.—A matching con-
16 tribution under subparagraph (A)—
17 (i) may be provided by an eligible en-
18 tity, a unit of local government, a utility
19 company, a cooperative, a nonprofit organi-
20 zation, a for-profit company, regional plan-
21 ning or governmental organization, a Fed-
22 eral regional commission or authority, or
23 any combination thereof;
24 (ii) may include in-kind contributions;
25 and
† HR 3684 EAS
2043
1 (iii) may include funds that were pro-
2 vided to an eligible entity or a subgrantee—
3 (I) under—
4 (aa) the Families First
5 Coronavirus Response Act (Public
6 Law 116–127; 134 Stat. 178);
7 (bb) the CARES Act (Public
8 Law 116–136; 134 Stat. 281);
9 (cc) the Consolidated Appro-
10 priations Act, 2021 (Public Law
11 116–260; 134 Stat. 1182);
12 (dd) the American Rescue
13 Plan Act of 2021 (Public Law
14 117–2; 135 Stat. 4); or
15 (ee) any amendment made
16 by an Act described in any of
17 items (aa) through (dd); and
18 (II) for the purpose of deployment
19 of broadband service, as described in
20 the applicable provision of law de-
21 scribed in subclause (I).
22 (C) DEFINITION.—For purposes of this
23 paragraph, the term ‘‘Federal regional commis-
24 sion or authority’’ means—
† HR 3684 EAS
2044
1 (i) the Appalachian Regional Commis-
2 sion;
3 (ii) the Delta Regional Authority;
4 (iii) the Denali Commission; and
5 (iv) the Northern Border Regional
6 Commission.
7 (4) DEPLOYMENT AND PROVISION OF SERVICE
† HR 3684 EAS
2045
1 (ii) shall provide access to broadband
2 service to each customer served by the
3 project that desires broadband service;
4 (B) shall offer not less than 1 low-cost
5 broadband service option for eligible subscribers,
6 as those terms are defined in paragraph (5) of
7 this subsection;
8 (C) shall deploy the broadband network and
9 begin providing broadband service to each cus-
10 tomer that desires broadband service not later
11 than 4 years after the date on which the entity
12 receives the subgrant, except that an eligible enti-
13 ty may extend the deadline under this subpara-
14 graph if—
15 (i) the eligible entity has a plan for use
16 of the grant funds;
17 (ii) the construction project is under-
18 way; or
19 (iii) extenuating circumstances require
20 an extension of time to allow the project to
21 be completed;
22 (D) for any project that involves laying
23 fiber optic cables or conduit underground or
24 along a roadway, shall include interspersed con-
25 duit access points at regular and short intervals;
† HR 3684 EAS
2046
1 (E) may use the subgrant to deploy
2 broadband infrastructure in or through any area
3 required to reach interconnection points or other-
4 wise to ensure the technical feasibility and fi-
5 nancial sustainability of a project providing
6 broadband service to an unserved location, un-
7 derserved location, or eligible community anchor
8 institution;
9 (F) once the network has been deployed,
10 shall provide public notice, online and through
11 other means, of that fact to the locations and
12 areas to which broadband service has been pro-
13 vided and share the public notice with the eligi-
14 ble entity that awarded the subgrant;
15 (G) shall carry out public awareness cam-
16 paigns in service areas that are designed to high-
17 light the value and benefits of broadband service
18 in order to increase the adoption of broadband
19 service by consumers; and
20 (H) if the entity is no longer able to provide
21 broadband service to the locations covered by the
22 subgrant at any time, shall sell the network ca-
23 pacity at a reasonable, wholesale rate on a non-
24 discriminatory basis to other broadband service
25 providers or public sector entities.
† HR 3684 EAS
2047
1 (5) LOW-COST BROADBAND SERVICE OPTION.—
12 SERVICE OPTION’’.—
† HR 3684 EAS
2048
1 service option’’ before submitting the pro-
2 posed definition to the Assistant Secretary
3 under clause (i).
4 (iii) APPROVAL OF ASSISTANT SEC-
5 RETARY.—
† HR 3684 EAS
2049
1 subsection (e)(4), with an im-
2 proved definition of ‘‘low-cost
3 broadband service option’’; and
4 (bb) provide the eligible enti-
5 ty with instructions on how to
6 cure the defects in the proposed
7 definition.
8 (iv) PUBLIC DISCLOSURE.—After the
9 Assistant Secretary approves the final pro-
10 posal of an eligible entity under subsection
11 (e)(4), and before the Assistant Secretary
12 disburses any funds to the eligible entity
13 based on that approval, the Assistant Sec-
14 retary shall publicly disclose the eligible en-
15 tity’s definition of ‘‘low-cost broadband
16 service option’’.
17 (C) NONPERFORMANCE.—The Assistant Sec-
18 retary shall develop procedures under which the
19 Assistant Secretary or an eligible entity may—
20 (i) evaluate the compliance of a sub-
21 grantee with the requirement under para-
22 graph (4)(B); and
23 (ii) take corrective action, including
24 recoupment of funds from the subgrantee,
† HR 3684 EAS
2050
1 for noncompliance with the requirement
2 under paragraph (4)(B).
3 (D) NO REGULATION OF RATES PER-
† HR 3684 EAS
2051
1 (1) ELIGIBLE ENTITIES.—
† HR 3684 EAS
2052
1 spect to the 6-month period immediately pre-
2 ceding the report date, that—
3 (i) describes how the eligible entity ex-
4 pended the grant funds;
5 (ii) describes each service provided
6 with the grant funds;
7 (iii) describes the number of locations
8 at which broadband service was made avail-
9 able using the grant funds, and the number
10 of those locations at which broadband serv-
11 ice was utilized; and
12 (iv) certifies that the eligible entity
13 complied with the requirements of this sec-
14 tion and with any additional reporting re-
15 quirements prescribed by the Assistant Sec-
16 retary.
17 (C) FINAL REPORT.—Not later than 1 year
18 after an eligible entity has expended all grant
19 funds received under this section, the eligible en-
20 tity shall submit to the Assistant Secretary a re-
21 port that—
22 (i) describes how the eligible entity ex-
23 pended the funds;
24 (ii) describes each service provided
25 with the grant funds;
† HR 3684 EAS
2053
1 (iii) describes the number of locations
2 at which broadband service was made avail-
3 able using the grant funds, and the number
4 of those locations at which broadband serv-
5 ice was utilized;
6 (iv) includes each report that the eligi-
7 ble entity received from a subgrantee under
8 paragraph (2); and
9 (v) certifies that the eligible entity
10 complied with the requirements of this sec-
11 tion and with any additional reporting re-
12 quirements prescribed by the Assistant Sec-
13 retary.
14 (D) PROVISION TO FCC AND USDA.—Subject
† HR 3684 EAS
2054
1 (E) FEDERAL AGENCY REPORTING RE-
2 QUIREMENT.—
† HR 3684 EAS
2055
1 (B) CONTENTS.—Each report submitted
2 under subparagraph (A) shall—
3 (i) describe each type of project carried
4 out using the subgrant and the duration of
5 the subgrant;
6 (ii) in the case of a broadband infra-
7 structure project—
8 (I) include a list of addresses or
9 locations that constitute the service lo-
10 cations that will be served by the
11 broadband infrastructure to be con-
12 structed;
13 (II) identify whether each address
14 or location described in subclause (I) is
15 residential, commercial, or a commu-
16 nity anchor institution;
17 (III) describe the types of facili-
18 ties that have been constructed and in-
19 stalled;
20 (IV) describe the peak and off-
21 peak actual speeds of the broadband
22 service being offered;
23 (V) describe the maximum adver-
24 tised speed of the broadband service
25 being offered;
† HR 3684 EAS
2056
1 (VI) describe the non-promotional
2 prices, including any associated fees,
3 charged for different tiers of broadband
4 service being offered;
5 (VII) include any other data that
6 would be required to comply with the
7 data and mapping collection standards
8 of the Commission under section
9 1.7004 of title 47, Code of Federal Reg-
10 ulations, or any successor regulation,
11 for broadband infrastructure projects;
12 and
13 (VIII) comply with any other rea-
14 sonable reporting requirements deter-
15 mined by the eligible entity or the As-
16 sistant Secretary; and
17 (iii) certify that the information in the
18 report is accurate.
19 (3) STANDARDIZATION AND COORDINATION.—The
† HR 3684 EAS
2057
1 nications Act of 1934 (47 U.S.C. 641 et seq.);
2 and
3 (B) provide a standardized methodology to
4 recipients of grants and subgrantees under this
5 section for reporting the information described in
6 subparagraph (A).
7 (4) INFORMATION ON BROADBAND SUBSIDIES
† HR 3684 EAS
2058
1 (B) PROVISION OF DATA.—A Federal entity,
2 State entity receiving Federal funds, or provider
3 of broadband service that offers a subsidy or low-
4 income plan, as applicable, with respect to
5 broadband service shall provide data to the As-
6 sistant Secretary in a manner and format as es-
7 tablished by the Assistant Secretary as necessary
8 for the Assistant Secretary to carry out subpara-
9 graph (A).
10 (k) RELATION TO OTHER PUBLIC FUNDING.—Not-
11 withstanding any other provision of law—
12 (1) an entity that has received amounts from the
13 Federal Government or a State or local government
14 for the purpose of expanding access to broadband
15 service may receive a subgrant under subsection (f) in
16 accordance with this section; and
17 (2) the receipt of a subgrant under subsection (f)
18 by an entity described in paragraph (1) of this sub-
19 section shall not affect the eligibility of the entity to
20 receive the amounts from the Federal Government or
21 a State or local government described in that para-
22 graph.
23 (l) SUPPLEMENT NOT SUPPLANT.—Grant funds
24 awarded to an eligible entity under this section shall be
25 used to supplement, and not supplant, the amounts that
† HR 3684 EAS
2059
1 the eligible entity would otherwise make available for the
2 purposes for which the grant funds may be used.
3 (m) SENSE OF CONGRESS REGARDING FEDERAL
4 AGENCY COORDINATION.—It is the sense of Congress that
5 Federal agencies responsible for supporting broadband de-
6 ployment, including the Commission, the Department of
7 Commerce, and the Department of Agriculture, to the extent
8 possible, should align the goals, application and reporting
9 processes, and project requirements with respect to
10 broadband deployment supported by those agencies.
11 (n) JUDICIAL REVIEW.—
12 (1) IN GENERAL.—The United States District
13 Court for the District of Columbia shall have exclusive
14 jurisdiction to review a decision of the Assistant Sec-
15 retary made under this section.
16 (2) STANDARD OF REVIEW.—In carrying out
17 any review described in paragraph (1), the court shall
18 affirm the decision of the Assistant Secretary unless—
19 (A) the decision was procured by corrup-
20 tion, fraud, or undue means;
21 (B) there was actual partiality or corrup-
22 tion in the Assistant Secretary; or
23 (C) the Assistant Secretary was guilty of—
24 (i) misconduct in refusing to review
25 the administrative record; or
† HR 3684 EAS
2060
1 (ii) any other misbehavior by which
2 the rights of any party have been preju-
3 diced.
4 (o) EXEMPTION FROM CERTAIN LAWS.—Any action
5 taken or decision made by the Assistant Secretary under
6 this section shall be exempt from the requirements of—
7 (1) section 3506 of title 44, United States Code
8 (commonly referred to as the ‘‘Paperwork Reduction
9 Act’’);
10 (2) chapter 5 or 7 of title 5, United States Code
11 (commonly referred to as the ‘‘Administrative Proce-
12 dures Act’’); and
13 (3) chapter 6 of title 5, United States Code (com-
14 monly referred to as the ‘‘Regulatory Flexibility
15 Act’’).
16 SEC. 60103. BROADBAND DATA MAPS.
† HR 3684 EAS
2061
1 (2) the Form 477 data collection program.
2 (c) NOTICE OF INITIAL BROADBAND DATA COLLEC-
3 TION FILING DEADLINE.—The Commission—
4 (1) shall provide notice to broadband providers
5 not later than 60 days before the initial deadline for
6 submission of data under section 802(a)(1)(A) of the
7 Communications Act of 1934 (47 U.S.C.
8 642(a)(1)(A)); and
9 (2) notwithstanding any prior decision of the
10 Commission to the contrary, shall not be required to
11 provide notice not later than 6 months before the ini-
12 tial deadline described in paragraph (1).
13 (d) AVAILABILITY OF CENSUS DATA.—
14 (1) IN GENERAL.—Section 802(b)(1) of the Com-
15 munications Act of 1934 (47 U.S.C. 802(b)(1)) is
16 amended by adding at the end the following:
17 ‘‘(D) AVAILABILITY OF CENSUS DATA.—The
† HR 3684 EAS
2062
1 merce, in implementing the amendment made by
2 paragraph (1), shall provide the Commission with a
3 count of the aggregate number of housing units in
4 each census block, as collected during the 2020 decen-
5 nial census of population.
6 (e) PUBLICATION OF BROADBAND DATA MAPS ON
12 FUND.
† HR 3684 EAS
2063
1 sion should achieve the universal service goals for
2 broadband.
3 (c) REPORT.—
4 (1) IN GENERAL.—Not later than 270 days after
5 the date of enactment of this Act, the Commission
6 shall submit to Congress a report on the options of the
7 Commission for improving its effectiveness in achiev-
8 ing the universal service goals for broadband in light
9 of this Act and the amendments made by this Act,
10 and other legislation that addresses those goals.
11 (2) RECOMMENDATIONS.—In the report sub-
12 mitted under paragraph (1), the Commission may
13 make recommendations for Congress on further ac-
14 tions the Commission and Congress could take to im-
15 prove the ability of the Commission to achieve the
16 universal service goals for broadband.
17 (3) SCOPE OF UNIVERSAL SERVICE.—In submit-
18 ting the report under paragraph (1), the Commis-
19 sion—
20 (A) may not in any way reduce the congres-
21 sional mandate to achieve the universal service
22 goals for broadband; and
23 (B) may provide recommendations for Con-
24 gress to expand the universal service goals for
† HR 3684 EAS
2064
1 broadband, if the Commission believes such an
2 expansion is in the public interest.
3 SEC. 60105. BROADBAND DEPLOYMENT LOCATIONS MAP.
† HR 3684 EAS
2065
1 footprint of each broadband infrastructure deployment
2 project funded by the Federal Government.
3 (c) REQUIREMENTS.—The Deployment Locations Map
4 shall be—
5 (1) the centralized, authoritative source of infor-
6 mation on funding made available by the Federal
7 Government for broadband infrastructure deployment
8 in the United States; and
9 (2) made publicly available on the website of the
10 Commission.
11 (d) FUNCTIONS.—In establishing the Deployment Lo-
12 cations Map, the Commission shall ensure that the Deploy-
13 ment Locations Map—
14 (1) compiles data related to Federal funding for
15 broadband infrastructure deployment provided by the
16 Commission, the National Telecommunications and
17 Information Administration, the Department of Agri-
18 culture, the Department of Health and Human Serv-
19 ices, the Department of the Treasury, the Department
20 of Housing and Urban Development, the Institute of
21 Museum and Library Sciences, and any other Federal
22 agency that provides such data relating to broadband
23 infrastructure deployment funding to the Commis-
24 sion, including funding under—
25 (A) this Act;
† HR 3684 EAS
2066
1 (B) the Coronavirus Aid, Relief, and Eco-
2 nomic Security Act (Public Law 116–136);
3 (C) the Consolidated Appropriations Act,
4 2021 (Public Law 116–260);
5 (D) American Rescue Plan Act of 2021
6 (Public Law 117–2); or
7 (E) any Federal amounts appropriated or
8 any Federal program authorized after the date of
9 enactment of this Act to fund broadband infra-
10 structure deployment;
11 (2) contains data, with respect to each
12 broadband infrastructure deployment program, relat-
13 ing to—
14 (A) the Federal agency of jurisdiction;
15 (B) the program title; and
16 (C) the network type, including wired, ter-
17 restrial fixed, wireless, mobile, and satellite
18 broadband infrastructure deployment;
19 (3) allows users to manipulate the Deployment
20 Locations Map to identify, search, and filter
21 broadband infrastructure deployment projects by—
22 (A) company name;
23 (B) duration timeline, including the dates
24 of a project’s beginning and ending, or antici-
25 pated beginning or ending date;
† HR 3684 EAS
2067
1 (C) total number of locations to which a
2 project makes service available; and
3 (D) relevant download and upload speeds;
4 and
5 (4) incorporates broadband service availability
6 data as depicted in the Broadband Map created under
7 section 802(c)(1) of the Communications Act of 1934
8 (47 U.S.C. 642(c)(1)).
9 (e) PERIODIC UPDATES.—
10 (1) IN GENERAL.—The Commission shall, in
11 consultation with relevant Federal agencies, ensure
12 the Deployment Locations Map is maintained and up
13 to date on a periodic basis, but not less frequently
14 than once every 180 days.
15 (2) OTHER FEDERAL AGENCIES.—Each Federal
16 agency providing funding for broadband infrastruc-
17 ture deployment shall report relevant data to the
18 Commission on a periodic basis.
19 (f) NO EFFECT ON PROGRAMMATIC MISSIONS.—Noth-
20 ing in this section shall be construed to affect the pro-
21 grammatic missions of Federal agencies providing funding
22 for broadband infrastructure development.
23 (g) NONDUPLICATION.—The requirements in this sec-
24 tion shall be consistent with and avoid duplication with
† HR 3684 EAS
2068
1 the provisions of section 903 of division FF of the Consoli-
2 dated Appropriations Act, 2021 (Public Law 116–260).
3 (h) FUNDING.—Of the amounts appropriated to carry
4 out this division under this Act, $10,000,000 shall be made
5 available to carry out this section.
6 TITLE II—TRIBAL CONNECTIVITY
7 TECHNICAL AMENDMENTS.
8 SEC. 60201. TRIBAL CONNECTIVITY TECHNICAL AMEND-
9 MENTS.
† HR 3684 EAS
2069
1 to other eligible entities for the pur-
2 poses provided in this subsection’’;
3 (ii) in subparagraph (B)—
4 (I) in clause (i), by striking ‘‘1
5 year after receiving grant funds’’ and
6 inserting ‘‘4 years after receiving an
7 allocation of funds pursuant to a spe-
8 cific grant award’’;
9 (II) by redesignating clause (iii)
10 as clause (iv); and
11 (III) by inserting after clause (ii)
12 the following:
13 ‘‘(iii) EXTENSIONS FOR OTHER
† HR 3684 EAS
2070
1 eligible entity under this subsection, the dead-
2 lines under subparagraphs (A) and (B) shall
3 apply individually to each grant award.’’; and
4 (C) by striking paragraph (6) and inserting
5 the following:
6 ‘‘(6) ADMINISTRATIVE EXPENSES OF ELIGIBLE
7 ENTITIES.—
† HR 3684 EAS
2071
1 ‘‘(A) DEFINITION.—In this paragraph, the
2 term ‘initial round of funding’—
3 ‘‘(i) means the allocation under para-
4 graph (2)(E) of funds appropriated under
5 subsection (b)(1); and
6 ‘‘(ii) does not include any reallocation
7 of funds under paragraph (2)(F).
8 ‘‘(B) NEW FUNDING.—If Congress appro-
9 priates additional funds for grants under sub-
10 section (c) after the date of enactment of this Act,
11 the Assistant Secretary—
12 ‘‘(i) may use a portion of the funds to
13 fully fund any grants under that subsection
14 for which the Assistant Secretary received
15 an application and which the Assistant Sec-
16 retary did not fully fund during the initial
17 round of funding; and
18 ‘‘(ii) shall allocate any remaining
19 funds through subsequent funding rounds
20 consistent with the requirements of this sec-
21 tion, except as provided in subparagraph
22 (C) of this paragraph.
23 ‘‘(C) EXCEPTIONS.—If Congress appro-
24 priates additional funds for grants under sub-
† HR 3684 EAS
2072
1 section (c) after the date of enactment of this
2 Act—
3 ‘‘(i) the Assistant Secretary shall not
4 be required to issue an additional notice
5 under paragraph (1) of this subsection, but
6 shall inform eligible entities that additional
7 funding has been made available for grants
8 under subsection (c) and describe the
9 changes made to the Tribal Broadband
10 Connectivity Program under that subsection
11 by section 60201 of the Infrastructure In-
12 vestment and Jobs Act;
13 ‘‘(ii) the requirement under paragraph
14 (2)(C) of this subsection shall be applied in-
15 dividually to each round of funding for
16 grants under subsection (c);
17 ‘‘(iii) paragraph (2)(A) of this sub-
18 section shall be applied by substituting
19 ‘180-day period beginning on the date on
20 which the Assistant Secretary informs eligi-
21 ble entities that additional funding has been
22 made available for grants under subsection
23 (c)’ for ‘90-day period beginning on the
24 date on which the Assistant Secretary issues
25 the notice under paragraph (1)’; and
† HR 3684 EAS
2073
1 ‘‘(iv) notwithstanding paragraph
2 (2)(F) of this subsection, in the case of
3 funds appropriated under subsection (b)(1)
4 that were not allocated during the initial
5 round of funding, the Assistant Secretary
6 may elect to allocate the funds during any
7 subsequent round of funding for grants
8 under subsection (c).’’.
9 TITLE III—DIGITAL EQUITY ACT
10 OF 2021
11 SEC. 60301. SHORT TITLE.
15 In this title:
16 (1) ADOPTION OF BROADBAND.—The term
17 ‘‘adoption of broadband’’ means the process by which
18 an individual obtains daily access to the internet—
19 (A) at a speed, quality, and capacity—
20 (i) that is necessary for the individual
21 to accomplish common tasks; and
22 (ii) such that the access qualifies as an
23 advanced telecommunications capability;
24 (B) with the digital skills that are necessary
25 for the individual to participate online; and
† HR 3684 EAS
2074
1 (C) on a—
2 (i) personal device; and
3 (ii) secure and convenient network.
4 (2) ADVANCED TELECOMMUNICATIONS CAPA-
† HR 3684 EAS
2075
1 (5) ASSISTANT SECRETARY.—The term ‘‘Assist-
2 ant Secretary’’ means the Assistant Secretary of Com-
3 merce for Communications and Information.
4 (6) COMMUNITY ANCHOR INSTITUTION.—The
† HR 3684 EAS
2076
1 (E) individuals with disabilities;
2 (F) individuals with a language barrier, in-
3 cluding individuals who—
4 (i) are English learners; and
5 (ii) have low levels of literacy;
6 (G) individuals who are members of a ra-
7 cial or ethnic minority group; and
8 (H) individuals who primarily reside in a
9 rural area.
10 (9) COVERED PROGRAMS.—The term ‘‘covered
11 programs’’ means the State Digital Equity Capacity
12 Grant Program established under section 60304 and
13 the Digital Equity Competitive Grant Program estab-
14 lished under section 60305.
15 (10) DIGITAL EQUITY.—The term ‘‘digital eq-
16 uity’’ means the condition in which individuals and
17 communities have the information technology capac-
18 ity that is needed for full participation in the society
19 and economy of the United States.
20 (11) DIGITAL INCLUSION.—The term ‘‘digital in-
21 clusion’’—
22 (A) means the activities that are necessary
23 to ensure that all individuals in the United
24 States have access to, and the use of, affordable
† HR 3684 EAS
2077
1 information and communication technologies,
2 such as—
3 (i) reliable fixed and wireless
4 broadband internet service;
5 (ii) internet-enabled devices that meet
6 the needs of the user; and
7 (iii) applications and online content
8 designed to enable and encourage self-suffi-
9 ciency, participation, and collaboration;
10 and
11 (B) includes—
12 (i) obtaining access to digital literacy
13 training;
14 (ii) the provision of quality technical
15 support; and
16 (iii) obtaining basic awareness of
17 measures to ensure online privacy and cy-
18 bersecurity.
19 (12) DIGITAL LITERACY.—The term ‘‘digital lit-
20 eracy’’ means the skills associated with using tech-
21 nology to enable users to find, evaluate, organize, cre-
22 ate, and communicate information.
23 (13) DISABILITY.—The term ‘‘disability’’ has the
24 meaning given the term in section 3 of the Americans
25 with Disabilities Act of 1990 (42 U.S.C. 12102).
† HR 3684 EAS
2078
1 (14) ELIGIBLE STATE.—The term ‘‘eligible
2 State’’ means—
3 (A) with respect to planning grants made
4 available under section 60304(c)(3), a State with
5 respect to which the Assistant Secretary has ap-
6 proved an application submitted to the Assistant
7 Secretary under section 60304(c)(3)(C); and
8 (B) with respect to capacity grants awarded
9 under section 60304(d), a State with respect to
10 which the Assistant Secretary has approved an
11 application submitted to the Assistant Secretary
12 under section 60304(d)(2), including approval of
13 the State Digital Equity Plan developed by the
14 State under section 60304(c).
15 (15) GENDER IDENTITY.—The term ‘‘gender
16 identity’’ has the meaning given the term in section
17 249(c) of title 18, United States Code.
18 (16) INDIAN TRIBE.—The term ‘‘Indian Tribe’’
19 has the meaning given the term in section 4(e) of the
20 Indian Self-Determination and Education Assistance
21 Act (25 U.S.C. 5304(e)).
22 (17) INSTITUTION OF HIGHER EDUCATION.—The
† HR 3684 EAS
2079
1 (A) has the meaning given the term in sec-
2 tion 101 of the Higher Education Act of 1965
3 (20 U.S.C. 1001); and
4 (B) includes a postsecondary vocational in-
5 stitution.
6 (18) LOCAL EDUCATIONAL AGENCY.—The term
7 ‘‘local educational agency’’ has the meaning given the
8 term in section 8101(30) of the Elementary and Sec-
9 ondary Education Act of 1965 (20 U.S.C. 7801(30)).
10 (19) POSTSECONDARY VOCATIONAL INSTITU-
† HR 3684 EAS
2080
1 (23) WORKFORCE DEVELOPMENT PROGRAM.—
† HR 3684 EAS
2081
1 (3) achieving digital equity for all people of the
2 United States requires additional and sustained in-
3 vestment and research efforts;
4 (4) the Federal Government, as well as State,
5 tribal, territorial, and local governments, have made
6 social, legal, and economic obligations that necessarily
7 extend to how the citizens and residents of those gov-
8 ernments access and use the internet; and
9 (5) achieving digital equity is a matter of social
10 and economic justice and is worth pursuing.
11 SEC. 60304. STATE DIGITAL EQUITY CAPACITY GRANT PRO-
12 GRAM.
† HR 3684 EAS
2082
1 (C) which shall ensure that States have the
2 capacity to promote the achievement of digital
3 equity and support digital inclusion activities.
4 (2) CONSULTATION WITH OTHER FEDERAL AGEN-
† HR 3684 EAS
2083
1 (xiii) the head of any other agency that
2 the Assistant Secretary determines to be ap-
3 propriate; and
4 (B) ensure that the Program complements
5 and enhances, and does not conflict with, other
6 Federal broadband initiatives and programs.
7 (b) ADMINISTERING ENTITY.—
8 (1) SELECTION; FUNCTION.—The governor (or
9 equivalent official) of a State that wishes to be
10 awarded a grant under this section shall, from among
11 entities that are eligible under paragraph (2), select
12 an administering entity for that State, which shall—
13 (A) serve as the recipient of, and admin-
14 istering agent for, any grant awarded to the
15 State under this section;
16 (B) develop, implement, and oversee the
17 State Digital Equity Plan for the State described
18 in subsection (c);
19 (C) make subgrants to any entity described
20 in subsection (c)(1)(D) that is located in the
21 State in support of—
22 (i) the State Digital Equity Plan for
23 the State; and
24 (ii) digital inclusion activities in the
25 State generally; and
† HR 3684 EAS
2084
1 (D) serve as—
2 (i) an advocate for digital equity pol-
3 icy and digital inclusion activities; and
4 (ii) a repository of best practice mate-
5 rials regarding the policies and activities
6 described in clause (i).
7 (2) ELIGIBLE ENTITIES.—Any of the following
8 entities may serve as the administering entity for a
9 State for the purposes of this section if the entity has
10 demonstrated a capacity to administer the Program
11 on a statewide level:
12 (A) The State, a political subdivision, agen-
13 cy, or instrumentality of the State, an Indian
14 Tribe located in the State, an Alaska Native en-
15 tity located in the State, or a Native Hawaiian
16 organization located in the State.
17 (B) A foundation, corporation, institution,
18 association, or coalition that is—
19 (i) a not-for-profit entity;
20 (ii) providing services in the State;
21 and
22 (iii) not a school.
23 (C) A community anchor institution, other
24 than a school, that is located in the State.
† HR 3684 EAS
2085
1 (D) A local educational agency that is lo-
2 cated in the State.
3 (E) An entity located in the State that car-
4 ries out a workforce development program.
5 (F) An agency of the State that is respon-
6 sible for administering or supervising adult edu-
7 cation and literacy activities in the State.
8 (G) A public or multi-family housing au-
9 thority that is located in the State.
10 (H) A partnership between any of the enti-
11 ties described in subparagraphs (A) through (G).
12 (c) STATE DIGITAL EQUITY PLAN.—
13 (1) DEVELOPMENT; CONTENTS.—A State that
14 wishes to be awarded a grant under subsection (d)
15 shall develop a State Digital Equity Plan for the
16 State, which shall include—
17 (A) the identification of the barriers to dig-
18 ital equity faced by covered populations in the
19 State;
20 (B) measurable objectives for documenting
21 and promoting, among each group described in
22 subparagraphs (A) through (H) of section
23 60302(8) located in that State—
† HR 3684 EAS
2086
1 (i) the availability of, and afford-
2 ability of access to, fixed and wireless
3 broadband technology;
4 (ii) the online accessibility and
5 inclusivity of public resources and services;
6 (iii) digital literacy;
7 (iv) awareness of, and the use of, meas-
8 ures to secure the online privacy of, and cy-
9 bersecurity with respect to, an individual;
10 and
11 (v) the availability and affordability of
12 consumer devices and technical support for
13 those devices;
14 (C) an assessment of how the objectives de-
15 scribed in subparagraph (B) will impact and
16 interact with the State’s—
17 (i) economic and workforce develop-
18 ment goals, plans, and outcomes;
19 (ii) educational outcomes;
20 (iii) health outcomes;
21 (iv) civic and social engagement; and
22 (v) delivery of other essential services;
23 (D) in order to achieve the objectives de-
24 scribed in subparagraph (B), a description of
† HR 3684 EAS
2087
1 how the State plans to collaborate with key
2 stakeholders in the State, which may include—
3 (i) community anchor institutions;
4 (ii) county and municipal govern-
5 ments;
6 (iii) local educational agencies;
7 (iv) where applicable, Indian Tribes,
8 Alaska Native entities, or Native Hawaiian
9 organizations;
10 (v) nonprofit organizations;
11 (vi) organizations that represent—
12 (I) individuals with disabilities,
13 including organizations that represent
14 children with disabilities;
15 (II) aging individuals;
16 (III) individuals with language
17 barriers, including—
18 (aa) individuals who are
19 English learners; and
20 (bb) individuals who have
21 low levels of literacy;
22 (IV) veterans; and
23 (V) individuals in that State who
24 are incarcerated in facilities other than
25 Federal correctional facilities;
† HR 3684 EAS
2088
1 (vii) civil rights organizations;
2 (viii) entities that carry out workforce
3 development programs;
4 (ix) agencies of the State that are re-
5 sponsible for administering or supervising
6 adult education and literacy activities in
7 the State;
8 (x) public housing authorities in the
9 State; and
10 (xi) a partnership between any of the
11 entities described in clauses (i) through (x);
12 and
13 (E) a list of organizations with which the
14 administering entity for the State collaborated
15 in developing and implementing the Plan.
16 (2) PUBLIC AVAILABILITY.—
† HR 3684 EAS
2089
1 shall, with respect to an application submitted to
2 the Assistant Secretary under subsection
3 (d)(2)—
4 (i) before submitting the application—
5 (I) consider all comments received
6 during the comment period described
7 in subparagraph (A) with respect to
8 the application (referred to in this sub-
9 paragraph as the ‘‘comment period’’);
10 and
11 (II) make any changes to the plan
12 that the administering entity deter-
13 mines to be worthwhile; and
14 (ii) when submitting the application—
15 (I) describe any changes pursued
16 by the administering entity in response
17 to comments received during the com-
18 ment period; and
19 (II) include a written response to
20 each comment received during the com-
21 ment period.
22 (3) PLANNING GRANTS.—
† HR 3684 EAS
2090
1 accordance with the requirements of this para-
2 graph, award planning grants to States for the
3 purpose of developing the State Digital Equity
4 Plans of those States under this subsection.
5 (B) ELIGIBILITY.—In order to be awarded
6 a planning grant under this paragraph, a
7 State—
8 (i) shall submit to the Assistant Sec-
9 retary an application under subparagraph
10 (C); and
11 (ii) may not have been awarded, at
12 any time, a planning grant under this
13 paragraph.
14 (C) APPLICATION.—A State that wishes to
15 be awarded a planning grant under this para-
16 graph shall, not later than 60 days after the date
17 on which the notice of funding availability with
18 respect to the grant is released, submit to the As-
19 sistant Secretary an application, in a format to
20 be determined by the Assistant Secretary, that
21 contains the following materials:
22 (i) A description of the entity selected
23 to serve as the administering entity for the
24 State, as described in subsection (b).
† HR 3684 EAS
2091
1 (ii) A certification from the State that,
2 not later than 1 year after the date on
3 which the Assistant Secretary awards the
4 planning grant to the State, the admin-
5 istering entity for that State shall develop a
6 State Digital Equity Plan under this sub-
7 section, which—
8 (I) the administering entity shall
9 submit to the Assistant Secretary; and
10 (II) shall comply with the require-
11 ments of this subsection, including the
12 requirement under paragraph (2)(B).
13 (iii) The assurances required under
14 subsection (e).
15 (D) AWARDS.—
16 (i) AMOUNT OF GRANT.—A planning
17 grant awarded to an eligible State under
18 this paragraph shall be determined accord-
19 ing to the formula under subsection
20 (d)(3)(A)(i).
21 (ii) DURATION.—
22 (I) IN GENERAL.—Except as pro-
23 vided in subclause (II), with respect to
24 a planning grant awarded to an eligi-
25 ble State under this paragraph, the
† HR 3684 EAS
2092
1 State shall expend the grant funds dur-
2 ing the 1-year period beginning on the
3 date on which the State is awarded the
4 grant funds.
5 (II) EXCEPTION.—The Assistant
6 Secretary may grant an extension of
7 not longer than 180 days with respect
8 to the requirement under subclause (I).
9 (iii) CHALLENGE MECHANISM.—The
† HR 3684 EAS
2093
1 development of the State Digital Equity
2 Plan of the State under this subsection.
3 (II) If the administering entity for a
4 State makes a subgrant described in sub-
5 clause (I), the administering entity shall,
6 with respect to the subgrant, provide to the
7 State the assurances required under sub-
8 section (e).
9 (d) STATE CAPACITY GRANTS.—
10 (1) IN GENERAL.—Beginning not later than 2
11 years after the date on which the Assistant Secretary
12 begins awarding planning grants under subsection
13 (c)(3), the Assistant Secretary shall each year award
14 grants to eligible States to support—
15 (A) the implementation of the State Digital
16 Equity Plans of those States; and
17 (B) digital inclusion activities in those
18 States.
19 (2) APPLICATION.—A State that wishes to be
20 awarded a grant under this subsection shall, not later
21 than 60 days after the date on which the notice of
22 funding availability with respect to the grant is re-
23 leased, submit to the Assistant Secretary an applica-
24 tion, in a format to be determined by the Assistant
25 Secretary, that contains the following materials:
† HR 3684 EAS
2094
1 (A) A description of the entity selected to
2 serve as the administering entity for the State,
3 as described in subsection (b).
4 (B) The State Digital Equity Plan of that
5 State, as described in subsection (c).
6 (C) A certification that the State, acting
7 through the administering entity for the State,
8 shall—
9 (i) implement the State Digital Equity
10 Plan of the State; and
11 (ii) make grants in a manner that is
12 consistent with the aims of the Plan de-
13 scribed in clause (i).
14 (D) The assurances required under sub-
15 section (e).
16 (E) In the case of a State to which the As-
17 sistant Secretary has previously awarded a
18 grant under this subsection, any amendments to
19 the State Digital Equity Plan of that State, as
20 compared with the State Digital Equity Plan of
21 the State previously submitted.
22 (3) AWARDS.—
23 (A) AMOUNT OF GRANT.—
† HR 3684 EAS
2095
1 calculate the amount of a grant awarded to
2 an eligible State under this subsection in
3 accordance with the following criteria,
4 using the best available data for all States
5 for the fiscal year in which the grant is
6 awarded:
7 (I) 50 percent of the total grant
8 amount shall be based on the popu-
9 lation of the eligible State in propor-
10 tion to the total population of all eligi-
11 ble States.
12 (II) 25 percent of the total grant
13 amount shall be based on the number
14 of individuals in the eligible State who
15 are members of covered populations in
16 proportion to the total number of indi-
17 viduals in all eligible States who are
18 members of covered populations.
19 (III) 25 percent of the total grant
20 amount shall be based on the compara-
21 tive lack of availability and adoption
22 of broadband in the eligible State in
23 proportion to the lack of availability
24 and adoption of broadband of all eligi-
† HR 3684 EAS
2096
1 ble States, which shall be determined
2 according to data collected from—
3 (aa) the annual inquiry of
4 the Federal Communications
5 Commission conducted under sec-
6 tion 706(b) of the Telecommuni-
7 cations Act of 1996 (47 U.S.C.
8 1302(b));
9 (bb) the American Commu-
10 nity Survey or, if necessary, other
11 data collected by the Bureau of
12 the Census;
13 (cc) the NTIA Internet Use
14 Survey, which is administered as
15 the Computer and Internet Use
16 Supplement to the Current Popu-
17 lation Survey of the Bureau of the
18 Census; and
19 (dd) any other source that
20 the Assistant Secretary, after ap-
21 propriate notice and opportunity
22 for public comment, determines to
23 be appropriate.
24 (ii) MINIMUM AWARD.—The amount of
25 a grant awarded to an eligible State under
† HR 3684 EAS
2097
1 this subsection in a fiscal year shall be not
2 less than 0.5 percent of the total amount
3 made available to award grants to eligible
4 States for that fiscal year.
5 (iii) ADDITIONAL AMOUNTS.—If, after
6 awarding planning grants to States under
7 subsection (c)(3) and capacity grants to eli-
8 gible States under this subsection in a fiscal
9 year, there are amounts remaining to carry
10 out this section, the Assistant Secretary
11 shall distribute those amounts—
12 (I) to eligible States to which the
13 Assistant Secretary has awarded
14 grants under this subsection for that
15 fiscal year; and
16 (II) in accordance with the for-
17 mula described in clause (i).
18 (iv) DATA UNAVAILABLE.—If, in a fis-
19 cal year, the Commonwealth of Puerto Rico
20 (referred to in this clause as ‘‘Puerto Rico’’)
21 is an eligible State and specific data for
22 Puerto Rico is unavailable for a factor de-
23 scribed in subclause (I), (II), or (II) of
24 clause (i), the Assistant Secretary shall use
25 the median data point with respect to that
† HR 3684 EAS
2098
1 factor among all eligible States and assign
2 it to Puerto Rico for the purposes of making
3 any calculation under that clause for that
4 fiscal year.
5 (B) DURATION.—With respect to a grant
6 awarded to an eligible State under this sub-
7 section, the eligible State shall expend the grant
8 funds during the 5-year period beginning on the
9 date on which the eligible State is awarded the
10 grant funds.
11 (C) CHALLENGE MECHANISM.—The Assist-
12 ant Secretary shall ensure that any eligible State
13 to which a grant is awarded under this sub-
14 section may appeal or otherwise challenge in a
15 timely fashion the amount of the grant awarded
16 to the State, as determined under subparagraph
17 (A).
18 (D) USE OF FUNDS.—The administering
19 entity for an eligible State to which a grant is
20 awarded under this subsection shall use the grant
21 amounts for the following purposes:
22 (i)(I) Subject to subclause (II), to up-
23 date or maintain the State Digital Equity
24 Plan of the State.
† HR 3684 EAS
2099
1 (II) An administering entity for an el-
2 igible State to which a grant is awarded
3 under this subsection may use not more
4 than 20 percent of the amount of the grant
5 for the purpose described in subclause (I).
6 (ii) To implement the State Digital
7 Equity Plan of the State.
8 (iii)(I) Subject to subclause (II), to
9 award a grant to any entity that is de-
10 scribed in section 60305(b) and is located in
11 the eligible State in order to—
12 (aa) assist in the implementation
13 of the State Digital Equity Plan of the
14 State;
15 (bb) pursue digital inclusion ac-
16 tivities in the State consistent with the
17 State Digital Equity Plan of the State;
18 and
19 (cc) report to the State regarding
20 the digital inclusion activities of the
21 entity.
22 (II) Before an administering entity for
23 an eligible State may award a grant under
24 subclause (I), the administering entity shall
† HR 3684 EAS
2100
1 require the entity to which the grant is
2 awarded to certify that—
3 (aa) the entity shall carry out the
4 activities required under items (aa),
5 (bb), and (cc) of that subclause;
6 (bb) the receipt of the grant shall
7 not result in unjust enrichment of the
8 entity; and
9 (cc) the entity shall cooperate with
10 any evaluation—
11 (AA) of any program that re-
12 lates to a grant awarded to the
13 entity; and
14 (BB) that is carried out by
15 or for the administering entity,
16 the Assistant Secretary, or an-
17 other Federal official.
18 (iv)(I) Subject to subclause (II), to
19 evaluate the efficacy of the efforts funded by
20 grants made under clause (iii).
21 (II) An administering entity for an el-
22 igible State to which a grant is awarded
23 under this subsection may use not more
24 than 5 percent of the amount of the grant
25 for a purpose described in subclause (I).
† HR 3684 EAS
2101
1 (v)(I) Subject to subclause (II), for the
2 administrative costs incurred in carrying
3 out the activities described in clauses (i)
4 through (iv).
5 (II) An administering entity for an el-
6 igible State to which a grant is awarded
7 under this subsection may use not more
8 than 3 percent of the amount of the grant
9 for a purpose described in subclause (I).
10 (e) ASSURANCES.—When applying for a grant under
11 this section, a State shall include in the application for that
12 grant assurances that—
13 (1) if an entity described in section 60305(b) is
14 awarded grant funds under this section (referred to in
15 this subsection as a ‘‘covered recipient’’), provide
16 that—
17 (A) the covered recipient shall use the grant
18 funds in accordance with any applicable statute,
19 regulation, and application procedure;
20 (B) the administering entity for that State
21 shall adopt and use proper methods of admin-
22 istering any grant that the covered recipient is
23 awarded, including by—
24 (i) enforcing any obligation imposed
25 under law on any agency, institution, orga-
† HR 3684 EAS
2102
1 nization, or other entity that is responsible
2 for carrying out the program to which the
3 grant relates;
4 (ii) correcting any deficiency in the
5 operation of a program to which the grant
6 relates, as identified through an audit or
7 another monitoring or evaluation procedure;
8 and
9 (iii) adopting written procedures for
10 the receipt and resolution of complaints al-
11 leging a violation of law with respect to a
12 program to which the grant relates; and
13 (C) the administering entity for that State
14 shall cooperate in carrying out any evaluation—
15 (i) of any program that relates to a
16 grant awarded to the covered recipient; and
17 (ii) that is carried out by or for the
18 Assistant Secretary or another Federal offi-
19 cial;
20 (2) the administering entity for that State
21 shall—
22 (A) use fiscal control and fund accounting
23 procedures that ensure the proper disbursement
24 of, and accounting for, any Federal funds that
25 the State is awarded under this section;
† HR 3684 EAS
2103
1 (B) submit to the Assistant Secretary any
2 reports that may be necessary to enable the As-
3 sistant Secretary to perform the duties of the As-
4 sistant Secretary under this section;
5 (C) maintain any records and provide any
6 information to the Assistant Secretary, including
7 those records, that the Assistant Secretary deter-
8 mines is necessary to enable the Assistant Sec-
9 retary to perform the duties of the Assistant Sec-
10 retary under this section; and
11 (D) with respect to any significant proposed
12 change or amendment to the State Digital Eq-
13 uity Plan for the State, make the change or
14 amendment available for public comment in ac-
15 cordance with subsection (c)(2); and
16 (3) the State, before submitting to the Assistant
17 Secretary the State Digital Equity Plan of the State,
18 has complied with the requirements of subsection
19 (c)(2).
20 (f) TERMINATION OF GRANT.—
21 (1) IN GENERAL.—The Assistant Secretary shall
22 terminate a grant awarded to an eligible State under
23 this section if, after notice to the State and oppor-
24 tunity for a hearing, the Assistant Secretary—
† HR 3684 EAS
2104
1 (A) presents to the State a rationale and
2 supporting information that clearly demonstrates
3 that—
4 (i) the grant funds are not contrib-
5 uting to the development or execution of the
6 State Digital Equity Plan of the State, as
7 applicable; and
8 (ii) the State is not upholding assur-
9 ances made by the State to the Assistant
10 Secretary under subsection (e); and
11 (B) determines that the grant is no longer
12 necessary to achieve the original purpose for
13 which Assistant Secretary awarded the grant.
14 (2) REDISTRIBUTION.—If the Assistant Sec-
15 retary, in a fiscal year, terminates a grant under
16 paragraph (1), the Assistant Secretary shall redis-
17 tribute the unspent grant amounts—
18 (A) to eligible States to which the Assistant
19 Secretary has awarded grants under subsection
20 (d) for that fiscal year; and
21 (B) in accordance with the formula de-
22 scribed in subsection (d)(3)(A)(i).
23 (g) REPORTING AND INFORMATION REQUIREMENTS;
24 INTERNET DISCLOSURE.—The Assistant Secretary—
25 (1) shall—
† HR 3684 EAS
2105
1 (A) require any entity to which a grant, in-
2 cluding a subgrant, is awarded under this sec-
3 tion to publicly report, for each year during the
4 period described in subsection (c)(3)(D)(ii) or
5 (d)(3)(B), as applicable, with respect to the
6 grant, and in a format specified by the Assistant
7 Secretary, on—
8 (i) the use of that grant by the entity;
9 (ii) the progress of the entity towards
10 fulfilling the objectives for which the grant
11 was awarded; and
12 (iii) the implementation of the State
13 Digital Equity Plan of the State;
14 (B) establish appropriate mechanisms to en-
15 sure that each eligible State to which a grant is
16 awarded under this section—
17 (i) uses the grant amounts in an ap-
18 propriate manner; and
19 (ii) complies with all terms with re-
20 spect to the use of the grant amounts; and
21 (C) create and maintain a fully searchable
22 database, which shall be accessible on the inter-
23 net at no cost to the public, that contains, at a
24 minimum—
† HR 3684 EAS
2106
1 (i) the application of each State that
2 has applied for a grant under this section;
3 (ii) the status of each application de-
4 scribed in clause (i);
5 (iii) each report submitted by an enti-
6 ty under subparagraph (A);
7 (iv) a record of public comments made
8 regarding the State Digital Equity Plan of
9 a State, as well as any written responses to
10 or actions taken as a result of those com-
11 ments; and
12 (v) any other information that is suffi-
13 cient to allow the public to understand and
14 monitor grants awarded under this section;
15 and
16 (2) may establish additional reporting and in-
17 formation requirements for any recipient of a grant
18 under this section.
19 (h) SUPPLEMENT NOT SUPPLANT.—A grant or
20 subgrant awarded under this section shall supplement, not
21 supplant, other Federal or State funds that have been made
22 available to carry out activities described in this section.
23 (i) SET ASIDES.—From amounts made available in
24 a fiscal year to carry out the Program, the Assistant Sec-
25 retary shall reserve—
† HR 3684 EAS
2107
1 (1) not more than 5 percent for the implementa-
2 tion and administration of the Program, which shall
3 include—
4 (A) providing technical support and assist-
5 ance, including ensuring consistency in data re-
6 porting;
7 (B) providing assistance to—
8 (i) States, or administering entities for
9 States, to prepare the applications of those
10 States; and
11 (ii) administering entities with respect
12 to grants awarded under this section; and
13 (C) developing the report required under
14 section 60306(a);
15 (2) not less than 5 percent to award grants to,
16 or enter into contracts or cooperative agreements
17 with, Indian Tribes, Alaska Native entities, and Na-
18 tive Hawaiian organizations to allow those tribes, en-
19 tities, and organizations to carry out the activities
20 described in this section; and
21 (3) not less than 1 percent to award grants to,
22 or enter into contracts or cooperative agreements
23 with, the United States Virgin Islands, Guam, Amer-
24 ican Samoa, the Commonwealth of the Northern Mar-
25 iana Islands, and any other territory or possession of
† HR 3684 EAS
2108
1 the United States that is not a State to enable those
2 entities to carry out the activities described in this
3 section.
4 (j) RULES.—The Assistant Secretary may prescribe
5 such rules as may be necessary to carry out this section.
6 (k) AUTHORIZATION OF APPROPRIATIONS.—There are
7 authorized to be appropriated—
8 (1) $60,000,000 for the award of grants under
9 subsection (c)(3), which shall remain available until
10 expended;
11 (2) for the award of grants under subsection
12 (d)—
13 (A) $240,000,000 for fiscal year 2022; and
14 (B) $300,000,000 for each of fiscal years
15 2023 through 2026; and
16 (3) such sums as may be necessary to carry out
17 this section for each fiscal year after the end of the
18 5-fiscal year period described in paragraph (2).
19 SEC. 60305. DIGITAL EQUITY COMPETITIVE GRANT PRO-
20 GRAM.
21 (a) ESTABLISHMENT.—
22 (1) IN GENERAL.—Not later than 30 days after
23 the date on which the Assistant Secretary begins
24 awarding grants under section 60304(d), and not be-
25 fore that date, the Assistant Secretary shall establish
† HR 3684 EAS
2109
1 in the Department of Commerce the Digital Equity
2 Competitive Grant Program (referred to in this sec-
3 tion as the ‘‘Program’’), the purpose of which is to
4 award grants to support efforts to achieve digital eq-
5 uity, promote digital inclusion activities, and spur
6 greater adoption of broadband among covered popu-
7 lations.
8 (2) CONSULTATION; NO CONFLICT.—In estab-
9 lishing the Program under paragraph (1), the Assist-
10 ant Secretary—
11 (A) may consult a State with respect to—
12 (i) the identification of groups de-
13 scribed in subparagraphs (A) through (H)
14 of section 60302(8) located in that State;
15 and
16 (ii) the allocation of grant funds with-
17 in that State for projects in or affecting the
18 State; and
19 (B) shall—
20 (i) consult with—
21 (I) the Secretary of Agriculture;
22 (II) the Secretary of Housing and
23 Urban Development;
24 (III) the Secretary of Education;
25 (IV) the Secretary of Labor;
† HR 3684 EAS
2110
1 (V) the Secretary of Health and
2 Human Services;
3 (VI) the Secretary of Veterans Af-
4 fairs;
5 (VII) the Secretary of the Interior;
6 (VIII) the Federal Communica-
7 tions Commission;
8 (IX) the Federal Trade Commis-
9 sion;
10 (X) the Director of the Institute of
11 Museum and Library Services;
12 (XI) the Administrator of the
13 Small Business Administration;
14 (XII) the Federal Co-Chair of the
15 Appalachian Regional Commission;
16 and
17 (XIII) the head of any other agen-
18 cy that the Assistant Secretary deter-
19 mines to be appropriate; and
20 (ii) ensure that the Program com-
21 plements and enhances, and does not con-
22 flict with, other Federal broadband initia-
23 tives and programs.
24 (b) ELIGIBILITY.—The Assistant Secretary may award
25 a grant under the Program to any of the following entities
† HR 3684 EAS
2111
1 if the entity is not serving, and has not served, as the ad-
2 ministering entity for a State under section 60304(b):
3 (1) A political subdivision, agency, or instru-
4 mentality of a State, including an agency of a State
5 that is responsible for administering or supervising
6 adult education and literacy activities, or for pro-
7 viding public housing, in the State.
8 (2) An Indian Tribe, an Alaska Native entity, or
9 a Native Hawaiian organization.
10 (3) A foundation, corporation, institution, or as-
11 sociation that is—
12 (A) a not-for-profit entity; and
13 (B) not a school.
14 (4) A community anchor institution.
15 (5) A local educational agency.
16 (6) An entity that carries out a workforce devel-
17 opment program.
18 (7) A partnership between any of the entities de-
19 scribed in paragraphs (1) through (6).
20 (8) A partnership between—
21 (A) an entity described in any of para-
22 graphs (1) through (6); and
23 (B) an entity that—
24 (i) the Assistant Secretary, by rule, de-
25 termines to be in the public interest; and
† HR 3684 EAS
2112
1 (ii) is not a school.
2 (c) APPLICATION.—An entity that wishes to be award-
3 ed a grant under the Program shall submit to the Assistant
4 Secretary an application—
5 (1) at such time, in such form, and containing
6 such information as the Assistant Secretary may re-
7 quire; and
8 (2) that—
9 (A) provides a detailed explanation of how
10 the entity will use any grant amounts awarded
11 under the Program to carry out the purposes of
12 the Program in an efficient and expeditious
13 manner;
14 (B) identifies the period in which the appli-
15 cant will expend the grant funds awarded under
16 the Program;
17 (C) includes—
18 (i) a justification for the amount of the
19 grant that the applicant is requesting; and
20 (ii) for each fiscal year in which the
21 applicant will expend the grant funds, a
22 budget for the activities that the grant funds
23 will support;
24 (D) demonstrates to the satisfaction of the
25 Assistant Secretary that the entity—
† HR 3684 EAS
2113
1 (i) is capable of carrying out—
2 (I) the project or function to
3 which the application relates; and
4 (II) the activities described in
5 subsection (h)—
6 (aa) in a competent manner;
7 and
8 (bb) in compliance with all
9 applicable Federal, State, and
10 local laws; and
11 (ii) if the applicant is an entity de-
12 scribed in subsection (b)(1), shall appro-
13 priate or otherwise unconditionally obligate
14 from non-Federal sources funds that are
15 necessary to meet the requirements of sub-
16 section (e);
17 (E) discloses to the Assistant Secretary the
18 source and amount of other Federal, State, or
19 outside funding sources from which the entity re-
20 ceives, or has applied for, funding for activities
21 or projects to which the application relates; and
22 (F) provides—
23 (i) the assurances that are required
24 under subsection (f); and
† HR 3684 EAS
2114
1 (ii) an assurance that the entity shall
2 follow such additional procedures as the As-
3 sistant Secretary may require to ensure that
4 grant funds are used and accounted for in
5 an appropriate manner.
6 (d) AWARD OF GRANTS.—
7 (1) FACTORS CONSIDERED IN AWARD OF
† HR 3684 EAS
2115
1 grant under the Program shall use the grant
2 amounts to support not less than 1 of the fol-
3 lowing activities:
4 (i) To develop and implement digital
5 inclusion activities that benefit covered pop-
6 ulations.
7 (ii) To facilitate the adoption of
8 broadband by covered populations in order
9 to provide educational and employment op-
10 portunities to those populations.
11 (iii) To implement, consistent with the
12 purposes of this title—
13 (I) training programs for covered
14 populations that cover basic, advanced,
15 and applied skills; or
16 (II) other workforce development
17 programs.
18 (iv) To make available equipment, in-
19 strumentation, networking capability, hard-
20 ware and software, or digital network tech-
21 nology for broadband services to covered
22 populations at low or no cost.
23 (v) To construct, upgrade, expend, or
24 operate new or existing public access com-
† HR 3684 EAS
2116
1 puting centers for covered populations
2 through community anchor institutions.
3 (vi) To undertake any other project
4 and activity that the Assistant Secretary
5 finds to be consistent with the purposes for
6 which the Program is established.
7 (B) EVALUATION.—
8 (i) IN GENERAL.—An entity to which
9 the Assistant Secretary awards a grant
10 under the Program shall use not more than
11 10 percent of the grant amounts to measure
12 and evaluate the activities supported with
13 the grant amounts.
14 (ii) SUBMISSION TO ASSISTANT SEC-
† HR 3684 EAS
2117
1 (III) annually after the submis-
2 sion described in subclause (II) for any
3 year in which the entity expends grant
4 amounts.
5 (C) ADMINISTRATIVE COSTS.—An entity to
6 which the Assistant Secretary awards a grant
7 under the Program may use not more than 10
8 percent of the amount of the grant for adminis-
9 trative costs in carrying out any of the activities
10 described in subparagraph (A).
11 (D) TIME LIMITATIONS.—With respect to a
12 grant awarded to an entity under the Program,
13 the entity—
14 (i) except as provided in clause (ii),
15 shall expend the grant amounts during the
16 4-year period beginning on the date on
17 which the entity is awarded the grant
18 amounts; and
19 (ii) during the 1-year period beginning
20 on the date that is 4 years after the date on
21 which the entity is awarded the grant
22 amounts, may continue to measure and
23 evaluate the activities supported with the
24 grant amounts, as required under subpara-
25 graph (B).
† HR 3684 EAS
2118
1 (e) FEDERAL SHARE.—
2 (1) IN GENERAL.—Except as provided in para-
3 graph (2), the Federal share of any project for which
4 the Assistant Secretary awards a grant under the
5 Program may not exceed 90 percent.
6 (2) EXCEPTION.—The Assistant Secretary may
7 grant a waiver with respect to the limitation on the
8 Federal share of a project described in paragraph (1)
9 if—
10 (A) the applicant with respect to the project
11 petitions the Assistant Secretary for the waiver;
12 and
13 (B) the Assistant Secretary determines that
14 the petition described in subparagraph (A) dem-
15 onstrates financial need.
16 (f) ASSURANCES.—When applying for a grant under
17 this section, an entity shall include in the application for
18 that grant assurances that the entity shall—
19 (1) use any grant funds that the entity is award-
20 ed—
21 (A) in accordance with any applicable stat-
22 ute, regulation, and application procedure; and
23 (B) to the extent required under applicable
24 law;
† HR 3684 EAS
2119
1 (2) adopt and use proper methods of admin-
2 istering any grant that the entity is awarded, includ-
3 ing by—
4 (A) enforcing any obligation imposed under
5 law on any agency, institution, organization, or
6 other entity that is responsible for carrying out
7 a program to which the grant relates;
8 (B) correcting any deficiency in the oper-
9 ation of a program to which the grant relates, as
10 identified through an audit or another moni-
11 toring or evaluation procedure; and
12 (C) adopting written procedures for the re-
13 ceipt and resolution of complaints alleging a vio-
14 lation of law with respect to a program to which
15 the grant relates;
16 (3) cooperate with respect to any evaluation—
17 (A) of any program that relates to a grant
18 awarded to the entity; and
19 (B) that is carried out by or for the Assist-
20 ant Secretary or another Federal official;
21 (4) use fiscal control and fund accounting proce-
22 dures that ensure the proper disbursement of, and ac-
23 counting for, any Federal funds that the entity is
24 awarded under the Program;
† HR 3684 EAS
2120
1 (5) submit to the Assistant Secretary any reports
2 that may be necessary to enable the Assistant Sec-
3 retary to perform the duties of the Assistant Secretary
4 under the Program; and
5 (6) maintain any records and provide any infor-
6 mation to the Assistant Secretary, including those
7 records, that the Assistant Secretary determines is
8 necessary to enable the Assistant Secretary to perform
9 the duties of the Assistant Secretary under the Pro-
10 gram.
11 (g) DEOBLIGATION OR TERMINATION OF GRANT.—In
12 addition to other authority under applicable law, the As-
13 sistant Secretary may—
14 (1) deobligate or terminate a grant awarded to
15 an entity under this section if, after notice to the en-
16 tity and opportunity for a hearing, the Assistant Sec-
17 retary—
18 (A) presents to the entity a rationale and
19 supporting information that clearly demonstrates
20 that—
21 (i) the grant funds are not being used
22 in a manner that is consistent with the ap-
23 plication with respect to the grant sub-
24 mitted by the entity under subsection (c);
25 and
† HR 3684 EAS
2121
1 (ii) the entity is not upholding assur-
2 ances made by the entity to the Assistant
3 Secretary under subsection (f); and
4 (B) determines that the grant is no longer
5 necessary to achieve the original purpose for
6 which Assistant Secretary awarded the grant;
7 and
8 (2) with respect to any grant funds that the As-
9 sistant Secretary deobligates or terminates under
10 paragraph (1), competitively award the grant funds
11 to another applicant, consistent with the requirements
12 of this section.
13 (h) REPORTING AND INFORMATION REQUIREMENTS;
14 INTERNET DISCLOSURE.—The Assistant Secretary—
15 (1) shall—
16 (A) require any entity to which the Assist-
17 ant Secretary awards a grant under the Pro-
18 gram to, for each year during the period de-
19 scribed in subsection (d)(2)(D) with respect to
20 the grant, submit to the Assistant Secretary a re-
21 port, in a format specified by the Assistant Sec-
22 retary, regarding—
23 (i) the amount of the grant;
24 (ii) the use by the entity of the grant
25 amounts; and
† HR 3684 EAS
2122
1 (iii) the progress of the entity towards
2 fulfilling the objectives for which the grant
3 was awarded;
4 (B) establish mechanisms to ensure appro-
5 priate use of, and compliance with respect to all
6 terms regarding, grant funds awarded under the
7 Program;
8 (C) create and maintain a fully searchable
9 database, which shall be accessible on the inter-
10 net at no cost to the public, that contains, at a
11 minimum—
12 (i) a list of each entity that has ap-
13 plied for a grant under the Program;
14 (ii) a description of each application
15 described in clause (i), including the pro-
16 posed purpose of each grant described in
17 that clause;
18 (iii) the status of each application de-
19 scribed in clause (i), including whether the
20 Assistant Secretary has awarded a grant
21 with respect to the application and, if so,
22 the amount of the grant;
23 (iv) each report submitted by an entity
24 under subparagraph (A); and
† HR 3684 EAS
2123
1 (v) any other information that is suffi-
2 cient to allow the public to understand and
3 monitor grants awarded under the Pro-
4 gram; and
5 (D) ensure that any entity with respect to
6 which an award is deobligated or terminated
7 under subsection (g) may, in a timely manner,
8 appeal or otherwise challenge that deobligation
9 or termination, as applicable; and
10 (2) may establish additional reporting and in-
11 formation requirements for any recipient of a grant
12 under the Program.
13 (i) SUPPLEMENT NOT SUPPLANT.—A grant awarded
14 to an entity under the Program shall supplement, not sup-
15 plant, other Federal or State funds that have been made
16 available to the entity to carry out activities described in
17 this section.
18 (j) SET ASIDES.—From amounts made available in
19 a fiscal year to carry out the Program, the Assistant Sec-
20 retary shall reserve—
21 (1) 5 percent for the implementation and admin-
22 istration of the Program, which shall include—
23 (A) providing technical support and assist-
24 ance, including ensuring consistency in data re-
25 porting;
† HR 3684 EAS
2124
1 (B) providing assistance to entities to pre-
2 pare the applications of those entities with re-
3 spect to grants awarded under this section;
4 (C) developing the report required under
5 section 60306(a); and
6 (D) conducting outreach to entities that
7 may be eligible to be awarded a grant under the
8 Program regarding opportunities to apply for
9 such a grant;
10 (2) 5 percent to award grants to, or enter into
11 contracts or cooperative agreements with, Indian
12 Tribes, Alaska Native entities, and Native Hawaiian
13 organizations to allow those tribes, entities, and orga-
14 nizations to carry out the activities described in this
15 section; and
16 (3) 1 percent to award grants to, or enter into
17 contracts or cooperative agreements with, the United
18 States Virgin Islands, Guam, American Samoa, the
19 Commonwealth of the Northern Mariana Islands, and
20 any other territory or possession of the United States
21 that is not a State to enable those entities to carry
22 out the activities described in this section.
23 (k) RULES.—The Assistant Secretary may prescribe
24 such rules as may be necessary to carry out this section.
† HR 3684 EAS
2125
1 (l) AUTHORIZATION OF APPROPRIATIONS.—There are
2 authorized to be appropriated to carry out this section—
3 (1) $250,000,000 for each of the first 5 fiscal
4 years in which funds are made available to carry out
5 this section; and
6 (2) such sums as may be necessary for each fiscal
7 year after the end of the 5-fiscal year period described
8 in paragraph (1).
9 SEC. 60306. POLICY RESEARCH, DATA COLLECTION, ANAL-
11 SEMINATION.
† HR 3684 EAS
2126
1 (II) the recipient of each such
2 grant; and
3 (III) the purpose for which each
4 such grant was awarded;
5 (iii) any deobligation, termination, or
6 modification of a grant awarded under the
7 covered programs, which shall include a de-
8 scription of the subsequent usage of any
9 funds to which such an action applies; and
10 (iv) each challenge made by an appli-
11 cant for, or a recipient of, a grant under
12 the covered programs and the outcome of
13 each such challenge; and
14 (B) conduct evaluations of the activities
15 carried out under the covered programs, which
16 shall include an evaluation of—
17 (i) whether eligible States to which
18 grants are awarded under the program es-
19 tablished under section 60304 are—
20 (I) abiding by the assurances
21 made by those States under subsection
22 (e) of that section;
23 (II) meeting, or have met, the
24 stated goals of the Digital Equity
† HR 3684 EAS
2127
1 Plans developed by the States under
2 subsection (c) of that section;
3 (III) satisfying the requirements
4 imposed by the Assistant Secretary on
5 those States under subsection (g) of
6 that section; and
7 (IV) in compliance with any other
8 rules, requirements, or regulations pro-
9 mulgated by the Assistant Secretary in
10 implementing that program; and
11 (ii) whether entities to which grants
12 are awarded under the program established
13 under section 60305 are—
14 (I) abiding by the assurances
15 made by those entities under subsection
16 (f) of that section;
17 (II) meeting, or have met, the
18 stated goals of those entities with re-
19 spect to the use of the grant amounts;
20 (III) satisfying the requirements
21 imposed by the Assistant Secretary on
22 those States under subsection (h) of
23 that section; and
24 (IV) in compliance with any other
25 rules, requirements, or regulations pro-
† HR 3684 EAS
2128
1 mulgated by the Assistant Secretary in
2 implementing that program.
3 (2) PUBLIC AVAILABILITY.—The Assistant Sec-
4 retary shall make each report submitted under para-
5 graph (1)(A) publicly available in an online format
6 that—
7 (A) facilitates access and ease of use;
8 (B) is searchable; and
9 (C) is accessible—
10 (i) to individuals with disabilities; and
11 (ii) in languages other than English.
12 (b) AUTHORITY TO CONTRACT AND ENTER INTO
13 OTHER ARRANGEMENTS.—The Assistant Secretary may
14 award grants and enter into contracts, cooperative agree-
15 ments, and other arrangements with Federal agencies, pub-
16 lic and private organizations, and other entities with exper-
17 tise that the Assistant Secretary determines appropriate in
18 order to—
19 (1) evaluate the impact and efficacy of activities
20 supported by grants awarded under the covered pro-
21 grams; and
22 (2) develop, catalog, disseminate, and promote
23 the exchange of best practices, both with respect to
24 and independent of the covered programs, in order to
25 achieve digital equity.
† HR 3684 EAS
2129
1 (c) CONSULTATION AND PUBLIC ENGAGEMENT.—In
2 carrying out subsection (a), and to further the objectives
3 described in paragraphs (1) and (2) of subsection (b), the
4 Assistant Secretary shall conduct ongoing collaboration and
5 consult with—
6 (1) the Secretary of Agriculture;
7 (2) the Secretary of Housing and Urban Devel-
8 opment;
9 (3) the Secretary of Education;
10 (4) the Secretary of Labor;
11 (5) the Secretary of Health and Human Serv-
12 ices;
13 (6) the Secretary of Veterans Affairs;
14 (7) the Secretary of the Interior;
15 (8) the Federal Communications Commission;
16 (9) the Federal Trade Commission;
17 (10) the Director of the Institute of Museum and
18 Library Services;
19 (11) the Administrator of the Small Business
20 Administration;
21 (12) the Federal Co-Chair of the Appalachian
22 Regional Commission;
23 (13) State agencies and governors of States (or
24 equivalent officials);
† HR 3684 EAS
2130
1 (14) entities serving as administering entities for
2 States under section 60304(b);
3 (15) national, State, tribal, and local organiza-
4 tions that provide digital inclusion, digital equity, or
5 digital literacy services;
6 (16) researchers, academics, and philanthropic
7 organizations; and
8 (17) other agencies, organizations (including
9 international organizations), entities (including enti-
10 ties with expertise in the fields of data collection,
11 analysis and modeling, and evaluation), and commu-
12 nity stakeholders, as determined appropriate by the
13 Assistant Secretary.
14 (d) TECHNICAL SUPPORT AND ASSISTANCE.—The As-
15 sistant Secretary shall provide technical support and assist-
16 ance, assistance to entities to prepare the applications of
17 those entities with respect to grants awarded under the cov-
18 ered programs, and other resources, to the extent prac-
19 ticable, to ensure consistency in data reporting and to meet
20 the objectives of this section.
21 (e) AUTHORIZATION OF APPROPRIATIONS.—There are
22 authorized to be appropriated such sums as may be nec-
23 essary to carry out this section, which shall remain avail-
24 able until expended.
† HR 3684 EAS
2131
1 SEC. 60307. GENERAL PROVISIONS.
2 (a) NONDISCRIMINATION.—
3 (1) IN GENERAL.—No individual in the United
4 States may, on the basis of actual or perceived race,
5 color, religion, national origin, sex, gender identity,
6 sexual orientation, age, or disability, be excluded from
7 participation in, be denied the benefits of, or be sub-
8 jected to discrimination under any program or activ-
9 ity that is funded in whole or in part with funds
10 made available to carry out this title.
11 (2) ENFORCEMENT.—The Assistant Secretary
12 shall effectuate paragraph (1) with respect to any
13 program or activity described in that paragraph by
14 issuing regulations and taking actions consistent with
15 section 602 of the Civil Rights Act of 1964 (42 U.S.C.
16 2000d–1).
17 (3) JUDICIAL REVIEW.—Judicial review of an
18 action taken by the Assistant Secretary under para-
19 graph (2) shall be available to the extent provided in
20 section 603 of the Civil Rights Act of 1964 (42 U.S.C.
21 2000d–2).
22 (b) TECHNOLOGICAL NEUTRALITY.—The Assistant
23 Secretary shall, to the extent practicable, carry out this title
24 in a technologically neutral manner.
25 (c) AUDIT AND OVERSIGHT.—Beginning in the first
26 fiscal year in which amounts are made available to carry
† HR 3684 EAS
2132
1 out an activity authorized under this title, and in each of
2 the 4 fiscal years thereafter, there is authorized to be appro-
3 priated to the Office of Inspector General for the Depart-
4 ment of Commerce $1,000,000 for audits and oversight of
5 funds made available to carry out this title, which shall
6 remain available until expended.
7 TITLE IV—ENABLING MIDDLE
8 MILE BROADBAND INFRA-
9 STRUCTURE
10 SEC. 60401. ENABLING MIDDLE MILE BROADBAND INFRA-
11 STRUCTURE.
† HR 3684 EAS
2133
1 (A) a State, political subdivision of a State,
2 Tribal government, technology company, electric
3 utility, utility cooperative, public utility district,
4 telecommunications company, telecommuni-
5 cations cooperative, nonprofit foundation, non-
6 profit corporation, nonprofit institution, non-
7 profit association, regional planning counsel,
8 Native entity, or economic development author-
9 ity; or
10 (B) a partnership of 2 or more entities de-
11 scribed in subparagraph (A).
12 (5) FCC FIXED BROADBAND MAP.—The term
13 ‘‘FCC fixed broadband map’’ means the map created
14 by the Commission under section 802(c)(1)(B) of the
15 Communications Act of 1934 (47 U.S.C.
16 642(c)(1)(B)).
17 (6) INDIAN TRIBE.—The term ‘‘Indian Tribe’’
18 has the meaning given the term in section 4 of the In-
19 dian Self-Determination and Education Assistance
20 Act (25 U.S.C. 5304)).
21 (7) INTERCONNECT.—The term ‘‘interconnect’’
22 means the physical linking of 2 networks for the mu-
23 tual exchange of traffic on non-discriminatory terms
24 and conditions.
† HR 3684 EAS
2134
1 (8) INTERNET EXCHANGE FACILITY.—The term
2 ‘‘internet exchange facility’’ means physical infra-
3 structure through which internet service providers
4 and content delivery networks exchange internet traf-
5 fic between their networks.
6 (9) MIDDLE MILE INFRASTRUCTURE.—The term
7 ‘‘middle mile infrastructure’’—
8 (A) means any broadband infrastructure
9 that does not connect directly to an end-user lo-
10 cation, including an anchor institution; and
11 (B) includes—
12 (i) leased dark fiber, interoffice trans-
13 port, backhaul, carrier-neutral internet ex-
14 change facilities, carrier-neutral submarine
15 cable landing stations, undersea cables,
16 transport connectivity to data centers, spe-
17 cial access transport, and other similar
18 services; and
19 (ii) wired or private wireless
20 broadband infrastructure, including micro-
21 wave capacity, radio tower access, and
22 other services or infrastructure for a private
23 wireless broadband network, such as towers,
24 fiber, and microwave links.
† HR 3684 EAS
2135
1 (10) MIDDLE MILE GRANT.—The term ‘‘middle
2 mile grant’’ means a grant awarded under subsection
3 (c).
4 (11) NATIVE ENTITY.—The term ‘‘Native entity’’
5 means—
6 (A) an Indian Tribe;
7 (B) an Alaska Native Corporation;
8 (C) a Native Hawaiian organization (as de-
9 fined in section 6207 of the Elementary and Sec-
10 ondary Education Act of 1965 (20 U.S.C.
11 7517));
12 (D) the Department of Hawaiian Home
13 Lands; and
14 (E) the Office of Hawaiian Affairs.
15 (12) STATE.—The term ‘‘State’’ has the meaning
16 given the term in section 3 of the Communications
17 Act of 1934 (47 U.S.C. 153).
18 (13) SUBMARINE CABLE LANDING STATION.—The
† HR 3684 EAS
2136
1 submarine cables in the United States’’, approved
2 May 27, 1921 (47 U.S.C. 34) (commonly known as
3 the ‘‘Cable Landing Licensing Act’’).
4 (14) TRIBAL GOVERNMENT.—The term ‘‘Tribal
5 government’’ means the recognized governing body of
6 any Indian or Alaska Native tribe, band, nation,
7 pueblo, village, community, component band, or com-
8 ponent reservation, individually identified (including
9 parenthetically) in the list published most recently as
10 of the date of enactment of this Act pursuant to sec-
11 tion 104 of the Federally Recognized Indian Tribe
12 List Act of 1994 (25 U.S.C. 5131).
13 (15) TRUST LAND.—The term ‘‘trust land’’ has
14 the meaning given the term in section 3765 of title
15 38, United States Code.
16 (16) UNDERSERVED.—The term ‘‘underserved’’,
17 with respect to an area, means an area—
18 (A) that is designated as a Tribally under-
19 served area through the process described in sub-
20 section (g); or
21 (B) that—
22 (i) is of a standard size not larger
23 than a census block, as established by the
24 Commission;
25 (ii) is not an unserved area; and
† HR 3684 EAS
2137
1 (iii) as determined in accordance with
2 the FCC fixed broadband map, does not
3 have access to broadband service with—
4 (I) except as provided in sub-
5 clause (II)—
6 (aa) a download speed of not
7 less than 100 megabits per second;
8 and
9 (bb) an upload speed of not
10 less than 20 megabits per second;
11 or
12 (II) minimum download and
13 upload speeds established as bench-
14 marks by the Commission for purposes
15 of this Act after the date of enactment
16 of this Act, if those minimum speeds
17 are higher than the minimum speeds
18 required under subclause (I).
19 (17) UNSERVED.—The term ‘‘unserved’’, with re-
20 spect to an area, means an area—
21 (A) that is designated as a Tribally under-
22 served area through the process described in sub-
23 section (g); or
24 (B) that—
† HR 3684 EAS
2138
1 (i) is of a standard size not larger
2 than a census block, as established by the
3 Commission; and
4 (ii) as determined in accordance with
5 the FCC fixed broadband map, does not
6 have access to broadband service with—
7 (I) except as provided in sub-
8 clause (II)—
9 (aa) a download speed of not
10 less than 25 megabits per second;
11 and
12 (bb) an upload speed of not
13 less than 3 megabits per second;
14 or
15 (II) minimum download and
16 upload speeds established as bench-
17 marks by the Commission for purposes
18 of this Act after the date of enactment
19 of this Act, if those minimum speeds
20 are higher than the minimum speeds
21 required under subclause (I).
22 (b) PURPOSE; SENSE OF CONGRESS.—
23 (1) PURPOSE.—The purposes of this section
24 are—
† HR 3684 EAS
2139
1 (A) to encourage the expansion and exten-
2 sion of middle mile infrastructure to reduce the
3 cost of connecting unserved and underserved
4 areas to the backbone of the internet (commonly
5 referred to as the ‘‘last mile’’); and
6 (B) to promote broadband connection resil-
7 iency through the creation of alternative network
8 connection paths that can be designed to prevent
9 single points of failure on a broadband network.
10 (2) SENSE OF CONGRESS.—It is the sense of
11 Congress that—
12 (A) in awarding middle mile grants, the
13 Assistant Secretary should give priority to—
14 (i) projects that leverage existing
15 rights-of-way, assets, and infrastructure to
16 minimize financial, regulatory, and permit-
17 ting challenges;
18 (ii) projects in which the eligible entity
19 designs the route of the middle mile infra-
20 structure to enable the connection of
21 unserved anchor institutions, including
22 Tribal anchor institutions; and
23 (iii) projects that facilitate the develop-
24 ment of carrier-neutral interconnection fa-
25 cilities; and
† HR 3684 EAS
2140
1 (iv) projects that—
2 (I) improve the redundancy and
3 resiliency of existing middle mile in-
4 frastructure; and
5 (II) reduce regulatory and per-
6 mitting barriers to promote the con-
7 struction of new middle mile infra-
8 structure; and
9 (B) a regulated utility should use funds re-
10 ceived from a middle mile grant as a supplement
11 to the core utility capital investment plan of the
12 regulated utility to—
13 (i) facilitate increased broadband resil-
14 iency or redundancy of existing middle mile
15 infrastructure; or
16 (ii) provide connectivity to unserved
17 areas and underserved areas within the
18 service territory of the utility and nearby
19 communities.
20 (c) MIDDLE MILE GRANTS.—The Assistant Secretary
21 shall establish a program under which the Assistant Sec-
22 retary makes grants on a technology-neutral, competitive
23 basis to eligible entities for the construction, improvement,
24 or acquisition of middle mile infrastructure.
25 (d) APPLICATIONS FOR GRANTS.—
† HR 3684 EAS
2141
1 (1) IN GENERAL.—The Assistant Secretary shall
2 establish an application process for middle mile
3 grants in accordance with this subsection.
4 (2) EVALUATION OF APPLICATIONS.—In estab-
5 lishing an application process for middle mile grants
6 under paragraph (1), the Assistant Secretary shall
7 give priority to an application from an eligible entity
8 that satisfies 2 or more of the following conditions:
9 (A) The eligible entity adopts fiscally sus-
10 tainable middle mile strategies.
11 (B) The eligible entity commits to offering
12 non-discriminatory interconnect to terrestrial
13 and wireless last mile broadband providers and
14 any other party making a bona fide request.
15 (C) The eligible entity identifies specific ter-
16 restrial and wireless last mile broadband pro-
17 viders that have—
18 (i) expressed written interest in inter-
19 connecting with middle mile infrastructure
20 planned to be deployed by the eligible enti-
21 ty; and
22 (ii) demonstrated sustainable business
23 plans or adequate funding sources with re-
24 spect to the interconnect described in clause
25 (i).
† HR 3684 EAS
2142
1 (D) The eligible entity has identified sup-
2 plemental investments or in-kind support (such
3 as waived franchise or permitting fees) that will
4 accelerate the completion of the planned project.
5 (E) The eligible entity has demonstrated
6 that the middle mile infrastructure will benefit
7 national security interests of the United States
8 and the Department of Defense.
9 (3) GRANT APPLICATION COMPETENCE.—The As-
10 sistant Secretary shall include in the application
11 process established under paragraph (1) a require-
12 ment that an eligible entity provide evidence that the
13 eligible entity is capable of carrying out a proposed
14 project in a competent manner, including by dem-
15 onstrating that the eligible entity has the financial,
16 technical, and operational capability to carry out the
17 proposed project and operate the resulting middle
18 mile broadband network.
19 (e) ELIGIBILITY.—
20 (1) PRIORITIZATION.—To be eligible to obtain a
21 middle mile grant, an eligible entity shall agree, in
22 the application submitted through the process estab-
23 lished under subsection (d), to prioritize—
24 (A) connecting middle mile infrastructure
25 to last mile networks that provide or plan to
† HR 3684 EAS
2143
1 provide broadband service to households in
2 unserved areas;
3 (B) connecting non-contiguous trust lands;
4 or
5 (C) the offering of wholesale broadband serv-
6 ice at reasonable rates on a carrier-neutral basis.
7 (2) BUILDOUT TIMELINE.—Subject to paragraph
8 (5), to be eligible to obtain a middle mile grant, an
9 eligible entity shall agree, in the application sub-
10 mitted through the process established under sub-
11 section (d), to complete buildout of the middle mile
12 infrastructure described in the application by not
13 later than 5 years after the date on which amounts
14 from the grant are made available to the eligible enti-
15 ty.
16 (3) PROJECT ELIGIBILITY REQUIREMENTS.—
† HR 3684 EAS
2144
1 (i) USE OF MOST RECENT DATA.—In
† HR 3684 EAS
2145
1 (BB) the State in which
2 the area that will be served
3 by the middle mile infra-
4 structure is located; or
5 (CC) the Tribal govern-
6 ment with jurisdiction over
7 the area that will be served
8 by the middle mile infra-
9 structure (if applicable).
10 (ii) SHARING FACILITY LOCATIONS.—
† HR 3684 EAS
2146
1 (II) PROVISION OF INFORMA-
15 TION.—
24 (AA) IN GENERAL.—A
† HR 3684 EAS
2147
1 ceive information under sub-
2 clause (II) unless the covered
3 recipient agrees in writing to
4 assert all available legal de-
5 fenses to the disclosure of the
6 information if a person or
7 entity seeks disclosure from
8 the covered recipient under
9 any Federal, State, or local
10 public disclosure law.
11 (BB) RULE OF CON-
12 STRUCTION.—Nothing in
13 subitem (AA) is intended to
14 be or shall be construed as a
15 waiver of Tribal sovereign
16 immunity.
17 (C) CONNECTION TO ANCHOR INSTITU-
† HR 3684 EAS
2148
1 (I) 1 gigabit per second for
2 downloads; and
3 (II) 1 gigabit per second for
4 uploads to an anchor institution; and
5 (ii) include direct interconnect facili-
6 ties that will facilitate the provision of
7 broadband service to anchor institutions lo-
8 cated within 1,000 feet of the middle mile
9 infrastructure.
10 (D) INTERCONNECTION AND NON-
11 DISCRIMINATION.—
† HR 3684 EAS
2149
1 (iii) INCLUSION IN APPLICATION.—An
† HR 3684 EAS
2150
1 (A) IN GENERAL.—At the request of an eli-
2 gible entity, the Assistant Secretary may extend
3 the buildout deadline under paragraph (2) by
4 not more than 1 year if the eligible entity cer-
5 tifies that—
6 (i) the eligible entity has a plan for use
7 of the middle mile grant;
8 (ii) the project to build out middle
9 mile infrastructure is underway; or
10 (iii) extenuating circumstances require
11 an extension of time to allow completion of
12 the project to build out middle mile infra-
13 structure.
14 (B) EFFECT ON INTERIM BUILDOUT RE-
† HR 3684 EAS
2151
1 governments and Native entities, may waive, or speci-
2 fy alternative requirements for, any provision of sub-
3 sections (c) through (f) if the Assistant Secretary
4 finds that the waiver or alternative requirement is
5 necessary—
6 (A) for the effective delivery and adminis-
7 tration of middle mile grants to Tribal govern-
8 ments; or
9 (B) the construction, improvement, or ac-
10 quisition of middle mile infrastructure on trust
11 land.
12 (2) TRIBALLY UNSERVED AREAS; TRIBALLY UN-
24 In this title—
† HR 3684 EAS
2152
1 (1) the term ‘‘broadband internet access service’’
2 has the meaning given the term in section 8.1(b) of
3 title 47, Code of Federal Regulations, or any successor
4 regulation; and
5 (2) the term ‘‘Commission’’ means the Federal
6 Communications Commission.
7 SEC. 60502. BROADBAND AFFORDABILITY.
15 19’’;
† HR 3684 EAS
2153
1 (iii) in paragraph (5), by striking
2 ‘‘during the emergency period,’’.
3 (2) CHANGE TO PROGRAM NAME.—Section 904 of
4 division N of the Consolidated Appropriations Act,
5 2021 (Public Law 116–260), as amended by para-
6 graph (1) of this subsection, is amended—
7 (A) in subsection (a)(7), in the heading, by
8 striking ‘‘EMERGENCY BROADBAND’’ and insert-
9 ing ‘‘AFFORDABLE CONNECTIVITY’’;
† HR 3684 EAS
2154
1 (3) OTHER INITIAL MODIFICATIONS.—Section
† HR 3684 EAS
2155
1 tain the operation of part or all of its broadband
2 network.’’;
3 (B) in subsection (b)—
4 (i) by redesignating paragraphs (7)
5 through (10) as paragraphs (12) through
6 (15), respectively;
7 (ii) by inserting after paragraph (6)
8 the following:
9 ‘‘(7) REQUIREMENT TO ALLOW CUSTOMERS TO
† HR 3684 EAS
2156
1 ‘‘(B) NONPAYMENT.—Nothing in subpara-
2 graph (A) shall prevent a participating provider
3 from terminating the provision of broadband
4 internet access service to a subscriber after 90
5 days of nonpayment.
6 ‘‘(8) PUBLIC AWARENESS.—A participating pro-
7 vider, in collaboration with the applicable State agen-
8 cies, public interest groups, and non-profit organiza-
9 tions, in order to increase the adoption of broadband
10 internet access service by consumers, shall carry out
11 public awareness campaigns in service areas that are
12 designed to highlight—
13 ‘‘(A) the value and benefits of broadband
14 internet access service; and
15 ‘‘(B) the existence of the Affordable
16 Connectivity Program.
17 ‘‘(9) OVERSIGHT.—The Commission—
18 ‘‘(A) shall establish a dedicated complaint
19 process for consumers who participate in the Af-
20 fordable Connectivity Program to file complaints
21 about the compliance of participating providers
22 with, including with respect to the quality of
23 service received under, the Program;
24 ‘‘(B) shall require a participating provider
25 to supply information about the existence of the
† HR 3684 EAS
2157
1 complaint process described in subparagraph (A)
2 to subscribers who participate in the Affordable
3 Connectivity Program;
4 ‘‘(C)(i) shall act expeditiously to investigate
5 potential violations of and enforce compliance
6 with this section, including under clause (ii) of
7 this subparagraph; and
8 ‘‘(ii) in enforcing compliance with this sec-
9 tion, may impose forfeiture penalties under sec-
10 tion 503 of the Communications Act of 1934 (47
11 U.S.C. 503); and
12 ‘‘(D) shall regularly issue public reports
13 about complaints regarding the compliance of
14 participating providers with the Affordable
15 Connectivity Program.
16 ‘‘(10) INFORMATION ON AFFORDABLE
17 CONNECTIVITY PROGRAM.—
† HR 3684 EAS
2158
1 ‘‘(B) FEDERAL AGENCIES.—The Commis-
2 sion shall collaborate with relevant Federal agen-
3 cies, including to ensure relevant Federal agen-
4 cies update their System of Records Notices, to
5 ensure that a household that participates in any
6 program that qualifies the household for the Af-
7 fordable Connectivity Program is provided infor-
8 mation about the Program, including how to en-
9 roll in the Program.
10 ‘‘(C) COMMISSION OUTREACH.—
† HR 3684 EAS
2159
1 Benefit Program established under
2 paragraph (1) (as that paragraph was
3 in effect on the day before the date of
4 enactment of the Infrastructure Invest-
5 ment and Jobs Act) to the Affordable
6 Connectivity Program.
7 ‘‘(11) CONSUMER PROTECTION ISSUES.—
† HR 3684 EAS
2160
1 to a different internet service offering with
2 a participating provider;
3 ‘‘(iv) inappropriate restrictions on the
4 ability of a consumer to switch partici-
5 pating providers, other than a requirement
6 that the customer return any customer
7 premises equipment provided by a partici-
8 pating provider; and
9 ‘‘(v) similar restrictions that amount
10 to unjust and unreasonable acts or practices
11 that undermine the purpose, intent, or in-
12 tegrity of the Affordable Connectivity Pro-
13 gram.
14 ‘‘(B) EXCEPTIONS.—In complying with this
15 paragraph, the Commission may take advantage
16 of the exceptions set forth in subsections (e) and
17 (f).’’; and
18 (iii) in paragraph (14), as so redesig-
19 nated, by striking ‘‘paragraph (7)’’ and in-
20 serting ‘‘paragraph (12)’’.
21 (b) DELAYED AMENDMENTS TO AFFORDABLE
22 CONNECTIVITY PROGRAM.—
23 (1) IN GENERAL.—Effective on the date on which
24 the Commission submits the certification required
25 under paragraph (4), or December 31, 2021, which-
† HR 3684 EAS
2161
1 ever is earlier, section 904 of division N of the Con-
2 solidated Appropriations Act, 2021 (Public Law 116–
3 260), as amended by subsection (a) of this section, is
4 amended—
5 (A) in subsection (a)—
6 (i) in paragraph (6)—
7 (I) in subparagraph (A), by in-
8 serting before the semicolon at the end
9 the following: ‘‘except that such sub-
10 section (a), including for purposes of
11 such subsection (b), shall be applied by
12 substituting ‘200 percent’ for ‘135 per-
13 cent’ ’’;
14 (II) by striking subparagraph (C);
15 (III) by redesignating subpara-
16 graphs (D) and (E) as subparagraphs
17 (C) and (D), respectively;
18 (IV) in subparagraph (C), as so
19 redesignated, by striking ‘‘or’’ at the
20 end;
21 (V) in subparagraph (D), as so
22 redesignated—
23 (aa) by striking ‘‘or COVID–
24 19’’; and
† HR 3684 EAS
2162
1 (bb) by striking the period at
2 the end and inserting ‘‘; or’’; and
3 (VI) by adding at the end the fol-
4 lowing:
5 ‘‘(E) at least one member of the household
6 receives assistance through the special supple-
7 mental nutritional program for women, infants,
8 and children established by section 17 of the
9 Child Nutrition Act of 1996 (42 U.S.C. 1786).’’;
10 (ii) in paragraph (7)—
11 (I) by striking ‘‘which shall be no
12 more than the standard rate for an
13 internet service offering and associated
14 equipment,’’; and
15 (II) by striking ‘‘$50’’ and insert-
16 ing ‘‘$30’’;
17 (iii) in paragraph (8), as so redesig-
18 nated by subsection (a) of this section, by
19 striking ‘‘, offered in the same manner, and
20 on the same terms, as described in any of
21 such provider’s offerings for broadband
22 internet access service to such household, as
23 on December 1, 2020’’; and
† HR 3684 EAS
2163
1 (iv) by striking paragraph (12), as so
2 redesignated by subsection (a) of this sec-
3 tion; and
4 (B) in subsection (b)(6)—
5 (i) by striking subparagraph (A);
6 (ii) by redesignating subparagraphs
7 (B), (C), and (D) as subparagraphs (A),
8 (B), and (C), respectively; and
9 (iii) in subparagraph (A), as so redes-
10 ignated—
11 (I) by striking clause (i); and
12 (II) by redesignating clauses (ii),
13 (iii), and (iv) as clauses (i), (ii), and
14 (iii), respectively.
15 (2) APPLICABILITY OF AMENDMENT TO ELIGI-
† HR 3684 EAS
2164
1 respect to that household, as of the day before that ef-
2 fective date.
3 (3) TRANSITION.—After the effective date under
4 paragraph (1), an eligible household that was partici-
5 pating in the Emergency Broadband Benefit Program
6 under section 904 of division N of the Consolidated
7 Appropriations Act, 2021 (Public Law 116–260) on
8 the day before the date of enactment of this Act and
9 qualifies for the Affordable Connectivity Program es-
10 tablished under that section (as amended by this sec-
11 tion) shall continue to have access to an affordable
12 service offering.
13 (4) CERTIFICATION REQUIRED.—On the date on
14 which the amounts appropriated under section
15 904(i)(2) of division N of the Consolidated Appro-
16 priations Act, 2021 (Public Law 116–260) have been
17 fully expended, the Commission shall submit to Con-
18 gress a certification regarding that fact.
19 (c) BROADBAND TRANSPARENCY RULES.—
20 (1) RULES.—Not later than 1 year after the date
21 of enactment of this Act, the Commission shall issue
22 final rules regarding the annual collection by the
23 Commission of data relating to the price and sub-
24 scription rates of each internet service offering of a
25 participating provider under the Affordable
† HR 3684 EAS
2165
1 Connectivity Program established under section 904
2 of division N of the Consolidated Appropriations Act,
3 2021 (Public Law 116–260) (as amended by this sec-
4 tion) to which an eligible household subscribes.
5 (2) UPDATES.—Not later than 180 days after the
6 date on which rules are issued under paragraph (1),
7 and when determined to be necessary by the Commis-
8 sion thereafter, the Commission shall revise the rules
9 to verify the accuracy of data submitted pursuant to
10 the rules.
11 (3) REDUNDANCY AVOIDANCE.—Nothing in this
12 subsection shall be construed to require the Commis-
13 sion, in order to meet a requirement of this sub-
14 section, to duplicate an activity that the Commission
15 is undertaking as of the date of enactment of this Act,
16 if—
17 (A) the Commission refers to the activity in
18 the rules issued under paragraph (1);
19 (B) the activity meets the requirements of
20 this subsection; and
21 (C) the Commission discloses the activity to
22 the public.
23 (4) AVAILABILITY OF DATA.—
† HR 3684 EAS
2166
1 internet access service collected under the rules
2 issued under paragraph (1) available to the pub-
3 lic in a commonly used electronic format without
4 risking the disclosure of personally identifiable
5 information or proprietary information, con-
6 sistent with section 0.459 of title 47, Code of
7 Federal Regulations (or any successor regula-
8 tion).
9 (B) DETERMINATION OF PERSONALLY IDEN-
† HR 3684 EAS
2167
1 projects, or activities are completed in a timely and effective
2 manner.
3 (e) COORDINATION.—The Secretary of Agriculture, the
4 Secretary of Education, and the Secretary of Health and
5 Human Services shall—
6 (1) not later than 60 days after the date of en-
7 actment of this Act, enter into a memorandum of un-
8 derstanding with the Universal Service Administra-
9 tive Company to provide for the expeditious sharing
10 of data through the National Verifier (as that term is
11 defined in section 54.400 of title 47, Code of Federal
12 Regulations, or any successor regulation), or any suc-
13 cessor system, for the purposes of verifying consumer
14 eligibility for the program established under section
15 904 of division N of the Consolidated Appropriations
16 Act, 2021 (Public Law 116–260), as amended by this
17 section; and
18 (2) not later than 90 days after the date of en-
19 actment of this Act, begin to share data under the
20 memorandum of understanding described in para-
21 graph (1) for the purposes described in that para-
22 graph.
† HR 3684 EAS
2168
1 SEC. 60503. COORDINATION WITH CERTAIN OTHER FED-
2 ERAL AGENCIES.
† HR 3684 EAS
2169
1 (1) IN GENERAL.—The broadband consumer label
2 required under subsection (a) shall also include infor-
3 mation regarding whether the offered price is an in-
4 troductory rate and, if so, the price the consumer will
5 be required to pay following the introductory period.
6 (2) USE IN BROADBAND DATA COLLECTION.—The
† HR 3684 EAS
2170
1 (1) the Committee on Appropriations of the Sen-
2 ate;
3 (2) the Committee on Appropriations of the
4 House of Representatives;
5 (3) the Committee on Commerce, Science, and
6 Transportation of the Senate;
7 (4) the Committee on Environment and Public
8 Works of the Senate;
9 (5) the Committee on Agriculture, Nutrition, and
10 Forestry of the Senate;
11 (6) the Committee on Energy and Commerce of
12 the House of Representatives;
13 (7) the Committee on Agriculture of the House of
14 Representatives; and
15 (8) the Committee on Transportation and Infra-
16 structure of the House of the Representatives.
17 (b) REPORT.—Not later than 1 year after the date of
18 enactment of this Act, the Comptroller General of the United
19 States shall submit to the appropriate committees of Con-
20 gress a report that evaluates the process used by the Com-
21 mission for establishing, reviewing, and updating the
22 upload and download speed thresholds for broadband inter-
23 net access service, including—
24 (1) how the Commission reviews and updates
25 broadband internet access speed thresholds;
† HR 3684 EAS
2171
1 (2) whether the Commission should consider fu-
2 ture broadband internet access service speed needs
3 when establishing broadband internet access service
4 speed thresholds, including whether the Commission
5 considers the need, or the anticipated need, for higher
6 upload or download broadband internet access service
7 speeds in the 5-year period and the 10-year period
8 after the date on which a broadband internet access
9 service speed threshold is to be established; and
10 (3) whether the Commission should consider the
11 impacts of changing uses of the internet in estab-
12 lishing, reviewing, or updating broadband internet
13 access service speed thresholds, including—
14 (A) the proliferation of internet-based busi-
15 ness;
16 (B) working remotely and running a busi-
17 ness from home;
18 (C) video teleconferencing;
19 (D) distance learning;
20 (E) in-house web hosting; and
21 (F) cloud data storage.
22 SEC. 60506. DIGITAL DISCRIMINATION.
† HR 3684 EAS
2172
1 (1) subscribers should benefit from equal access
2 to broadband internet access service within the service
3 area of a provider of such service;
4 (2) the term ‘‘equal access’’, for purposes of this
5 section, means the equal opportunity to subscribe to
6 an offered service that provides comparable speeds, ca-
7 pacities, latency, and other quality of service metrics
8 in a given area, for comparable terms and conditions;
9 and
10 (3) the Commission should take steps to ensure
11 that all people of the United States benefit from equal
12 access to broadband internet access service.
13 (b) ADOPTION OF RULES.—Not later than 2 years
14 after the date of enactment of this Act, the Commission shall
15 adopt final rules to facilitate equal access to broadband
16 internet access service, taking into account the issues of
17 technical and economic feasibility presented by that objec-
18 tive, including—
19 (1) preventing digital discrimination of access
20 based on income level, race, ethnicity, color, religion,
21 or national origin; and
22 (2) identifying necessary steps for the Commis-
23 sions to take to eliminate discrimination described in
24 paragraph (1).
† HR 3684 EAS
2173
1 (c) FEDERAL POLICIES.—The Commission and the At-
2 torney General shall ensure that Federal policies promote
3 equal access to robust broadband internet access service by
4 prohibiting deployment discrimination based on—
5 (1) the income level of an area;
6 (2) the predominant race or ethnicity composi-
7 tion of an area; or
8 (3) other factors the Commission determines to
9 be relevant based on the findings in the record devel-
10 oped from the rulemaking under subsection (b).
11 (d) MODEL STATE AND LOCAL POLICIES.—The Com-
12 mission shall develop model policies and best practices that
13 can be adopted by States and localities to ensure that
14 broadband internet access service providers do not engage
15 in digital discrimination.
16 (e) COMPLAINTS.—The Commission shall revise its
17 public complaint process to accept complaints from con-
18 sumers or other members of the public that relate to digital
19 discrimination.
20 TITLE VI—TELECOMMUNI-
21 CATIONS INDUSTRY WORK-
22 FORCE
23 SEC. 60601. SHORT TITLE.
† HR 3684 EAS
2174
1 SEC. 60602. TELECOMMUNICATIONS INTERAGENCY WORK-
2 ING GROUP.
7 GROUP.
† HR 3684 EAS
2175
1 ‘‘(c) DUTIES.—In developing recommendations under
2 subsection (b), the telecommunications interagency working
3 group shall—
4 ‘‘(1) determine whether, and if so how, any Fed-
5 eral laws, regulations, guidance, policies, or practices,
6 or any budgetary constraints, may be amended to
7 strengthen the ability of institutions of higher edu-
8 cation (as defined in section 101 of the Higher Edu-
9 cation Act of 1965 (20 U.S.C. 1001)) or for-profit
10 businesses to establish, adopt, or expand programs in-
11 tended to address the workforce needs of the tele-
12 communications industry, including the workforce
13 needed to build and maintain the 5G wireless infra-
14 structure necessary to support 5G wireless technology;
15 ‘‘(2) identify potential policies and programs
16 that could encourage and improve coordination
17 among Federal agencies, between Federal agencies
18 and States, and among States, on telecommunications
19 workforce needs;
20 ‘‘(3) identify ways in which existing Federal
21 programs, including programs that help facilitate the
22 employment of veterans and military personnel
23 transitioning into civilian life, could be leveraged to
24 help address the workforce needs of the telecommuni-
25 cations industry;
† HR 3684 EAS
2176
1 ‘‘(4) identify ways to improve recruitment in
2 workforce development programs in the telecommuni-
3 cations industry;
4 ‘‘(5) identify Federal incentives that could be
5 provided to institutions of higher education, for-profit
6 businesses, State workforce development boards estab-
7 lished under section 101 of the Workforce Innovation
8 and Opportunity Act (29 U.S.C. 3111), or other rel-
9 evant stakeholders to establish or adopt new pro-
10 grams, expand current programs, or partner with reg-
11 istered apprenticeship programs, to address the work-
12 force needs of the telecommunications industry, in-
13 cluding such needs in rural areas;
14 ‘‘(6) identify ways to improve the safety of tele-
15 communications workers, including tower climbers;
16 and
17 ‘‘(7) identify ways that trends in wages, benefits,
18 and working conditions in the telecommunications in-
19 dustry impact recruitment of employees in the sector.
20 ‘‘(d) MEMBERS.—The telecommunications interagency
21 working group shall be composed of the following represent-
22 atives of Federal agencies and relevant non-Federal indus-
23 try and labor stakeholder organizations:
24 ‘‘(1) A representative of the Department of Edu-
25 cation, appointed by the Secretary of Education.
† HR 3684 EAS
2177
1 ‘‘(2) A representative of the National Tele-
2 communications and Information Administration,
3 appointed by the Assistant Secretary of Commerce for
4 Communications and Information.
5 ‘‘(3) A representative of the Commission, ap-
6 pointed by the Chairman of the Commission.
7 ‘‘(4) A representative of a registered apprentice-
8 ship program in construction or maintenance, ap-
9 pointed by the Secretary of Labor.
10 ‘‘(5) A representative of a telecommunications
11 industry association, appointed by the Chairman of
12 the Commission.
13 ‘‘(6) A representative of an Indian Tribe or
14 Tribal organization, appointed by the Chairman of
15 the Commission.
16 ‘‘(7) A representative of a rural telecommuni-
17 cations carrier, appointed by the Chairman of the
18 Commission.
19 ‘‘(8) A representative of a telecommunications
20 contractor firm, appointed by the Chairman of the
21 Commission.
22 ‘‘(9) A representative of an institution of higher
23 education described in section 371(a) of the Higher
24 Education Act of 1965 (20 U.S.C. 1067q(a)), ap-
25 pointed by the Secretary of Education.
† HR 3684 EAS
2178
1 ‘‘(10) A public interest advocate for tower climb-
2 er safety, appointed by the Secretary of Labor.
3 ‘‘(11) A representative of the Directorate of Con-
4 struction of the Occupational Safety and Health Ad-
5 ministration, appointed by the Secretary of Labor.
6 ‘‘(12) A representative of a labor organization
7 representing the telecommunications workforce, ap-
8 pointed by the Secretary of Labor.
9 ‘‘(e) NO COMPENSATION.—A member of the tele-
10 communications interagency working group shall serve
11 without compensation.
12 ‘‘(f) OTHER MATTERS.—
13 ‘‘(1) CHAIR AND VICE CHAIR.—The telecommuni-
14 cations interagency working group shall name a chair
15 and a vice chair, who shall be responsible for orga-
16 nizing the business of the working group.
17 ‘‘(2) SUBGROUPS.—The chair and vice chair of
18 the telecommunications interagency working group,
19 in consultation with the other members of the tele-
20 communications interagency working group, may es-
21 tablish such subgroups as necessary to help conduct
22 the work of the telecommunications interagency work-
23 ing group.
24 ‘‘(3) SUPPORT.—The Commission and the Sec-
25 retary of Labor may detail employees of the Commis-
† HR 3684 EAS
2179
1 sion and the Department of Labor, respectively, to as-
2 sist and support the work of the telecommunications
3 interagency working group, though such a detailee
4 shall not be considered to be a member of the working
5 group.
6 ‘‘(g) REPORT TO CONGRESS.—
7 ‘‘(1) REPORT TO CONGRESS.—Not later than 1
8 year after the date on which the telecommunications
9 interagency working group is established, the working
10 group shall submit a report containing its rec-
11 ommendations to address the workforce needs of the
12 telecommunications industry to—
13 ‘‘(A) the Committee on Commerce, Science,
14 and Transportation of the Senate;
15 ‘‘(B) the Committee on Health, Education,
16 Labor, and Pensions of the Senate;
17 ‘‘(C) the Committee on Energy and Com-
18 merce of the House of Representatives;
19 ‘‘(D) the Committee on Education and
20 Labor of the House of Representatives;
21 ‘‘(E) the Department of Labor; and
22 ‘‘(F) the Commission.
23 ‘‘(2) MAJORITY SUPPORT.—The telecommuni-
24 cations interagency working group may not submit
25 the report under paragraph (1) unless the report has
† HR 3684 EAS
2180
1 the support of not less than the majority of the mem-
2 bers of the working group.
3 ‘‘(3) VIEWS.—The telecommunications inter-
4 agency working group shall—
5 ‘‘(A) include with the report submitted
6 under paragraph (1) any concurring or dis-
7 senting view offered by a member of the working
8 group; and
9 ‘‘(B) identify each member to whom each
10 concurring or dissenting view described in sub-
11 paragraph (A) should be attributed.
12 ‘‘(4) PUBLIC POSTING.—The Commission and
13 the Secretary of Labor shall make a copy of the report
14 submitted under paragraph (1) available to the public
15 on the websites of the Commission and the Depart-
16 ment of Labor, respectively.
17 ‘‘(h) NONAPPLICABILITY OF FACA.—The Federal Ad-
18 visory Committee Act (5 U.S.C. App.) shall not apply to
19 the telecommunications interagency working group.’’.
20 (b) SUNSET.—Section 344 of the Communications Act
21 of 1934, as added by subsection (a), shall be repealed on
22 the day after the date on which the interagency working
23 group established under subsection (b)(1) of that section
24 submits the report to Congress under subsection (g) of that
25 section.
† HR 3684 EAS
2181
1 SEC. 60603. TELECOMMUNICATIONS WORKFORCE GUID-
2 ANCE.
† HR 3684 EAS
2182
1 (2) the Committee on Health, Education, Labor,
2 and Pensions of the Senate;
3 (3) the Committee on Energy and Commerce of
4 the House of Representatives; and
5 (4) the Committee on Education and Labor of
6 the House of Representatives.
7 (b) REPORT.—Not later than 180 days after the date
8 of enactment of this Act, the Comptroller General of the
9 United States shall submit to the appropriate congressional
10 committees a report that estimates the number of skilled
11 telecommunications workers that will be required to build
12 and maintain—
13 (1) broadband infrastructure in rural areas, in-
14 cluding estimates based on—
15 (A) current need; and
16 (B) projected need, if Congress enacts legis-
17 lation that accelerates broadband infrastructure
18 construction in the United States; and
19 (2) the wireless infrastructure needed to support
20 5G wireless technology.
† HR 3684 EAS
2183
1 DIVISION G—OTHER
2 AUTHORIZATIONS
3 TITLE I—INDIAN WATER RIGHTS
4 SETTLEMENT COMPLETION
5 FUND
6 SEC. 70101. INDIAN WATER RIGHTS SETTLEMENT COMPLE-
7 TION FUND.
† HR 3684 EAS
2184
1 Secretary of the Interior for transfers to funds or accounts
2 authorized to receive discretionary appropriations, or to
3 satisfy other obligations identified by the Secretary of the
4 Interior, under an Indian water settlement approved and
5 authorized by an Act of Congress before the date of enact-
6 ment of this Act.
7 (d) SCOPE OF TRANSFERS.—
8 (1) IN GENERAL.—Transfers authorized under
9 subsection (c) shall be made in such amounts as are
10 determined by the Secretary of the Interior to be ap-
11 propriate to satisfy the obligations of the United
12 States, including appropriate indexing, pursuant to
13 the applicable Indian water settlement.
14 (2) SEQUENCE AND TIMING.—The Secretary of
15 the Interior shall have the discretion to determine the
16 sequence and timing of transfers from the Fund under
17 subsection (c) in order to substantially complete the
18 eligible Indian water settlements as expeditiously as
19 practicable.
20 TITLE II—WILDFIRE MITIGATION
21 SEC. 70201. SHORT TITLE.
25 In this title:
† HR 3684 EAS
2185
1 (1) APPROPRIATE COMMITTEES OF CONGRESS.—
† HR 3684 EAS
2186
1 (2) COMMISSION.—The term ‘‘Commission’’
2 means the commission established under section
3 70203(a).
4 (3) HIGH-RISK INDIAN TRIBAL GOVERNMENT.—
† HR 3684 EAS
2187
1 (B) included an area for which the Presi-
2 dent declared a major disaster for fire in accord-
3 ance with section 401 of that Act (42 U.S.C.
4 5170).
5 (5) INDIAN TRIBAL GOVERNMENT.—The term
6 ‘‘Indian tribal government’’ has the meaning given
7 the term in section 102 of the Robert T. Stafford Dis-
8 aster Relief and Emergency Assistance Act (42 U.S.C.
9 5122).
10 (6) SECRETARIES.—The term ‘‘Secretaries’’
11 means—
12 (A) the Secretary of the Interior;
13 (B) the Secretary of Agriculture; and
14 (C) the Secretary of Homeland Security,
15 acting through the Administrator of the Federal
16 Emergency Management Agency.
17 (7) STATE.—The term ‘‘State’’ has the meaning
18 given the term in section 102 of the Robert T. Staf-
19 ford Disaster Relief and Emergency Assistance Act
20 (42 U.S.C. 5122).
21 (8) WILDLAND-URBAN INTERFACE.—The term
22 ‘‘wildland-urban interface’’ has the meaning given the
23 term in section 101 of the Healthy Forests Restora-
24 tion Act of 2003 (16 U.S.C. 6511).
† HR 3684 EAS
2188
1 SEC. 70203. ESTABLISHMENT OF COMMISSION.
† HR 3684 EAS
2190
1 urban, and suburban areas, to be appointed by
2 the Secretaries, including—
3 (i) not fewer than 1 State hazard miti-
4 gation officer of a high-risk State (or a des-
5 ignee);
6 (ii) with preference given to represent-
7 atives from high-risk States and high-risk
8 Indian tribal governments, not fewer than 1
9 representative from each of—
10 (I) a State department of natural
11 resources, forestry, or agriculture or a
12 similar State agency;
13 (II) a State department of energy
14 or a similar State agency;
15 (III) a county government, with
16 preference given to counties at least a
17 portion of which is in the wildland-
18 urban interface; and
19 (IV) a municipal government,
20 with preference given to municipalities
21 at least a portion of which is in the
22 wildland-urban interface;
23 (iii) with preference given to represent-
24 atives from high-risk States and high-risk
† HR 3684 EAS
2191
1 Indian tribal governments, not fewer than 1
2 representative from each of—
3 (I) the public utility industry;
4 (II) the property development in-
5 dustry;
6 (III) Indian tribal governments;
7 (IV) wildland firefighters; and
8 (V) an organization—
9 (aa) described in section
10 501(c)(3) of the Internal Revenue
11 Code of 1986 and exempt from
12 taxation under section 501(a) of
13 that Code; and
14 (bb) with expertise in forest
15 management and environmental
16 conservation;
17 (iv) not greater than 2 other appro-
18 priate non-Federal stakeholders, which may
19 include the private sector; and
20 (v) any other appropriate non-Federal
21 stakeholders, which may include the private
22 sector, with preference given to non-Federal
23 stakeholders from high-risk States and high-
24 risk Indian tribal governments.
† HR 3684 EAS
2192
1 (2) STATE LIMITATION.—Each member of the
2 Commission appointed under clauses (i) and (ii) of
3 paragraph (1)(C) shall represent a different State.
4 (3) DATE.—The appointments of the members of
5 the Commission shall be made not later than 60 days
6 after the date of enactment of this Act.
7 (c) PERIOD OF APPOINTMENT; VACANCIES.—
8 (1) IN GENERAL.—A member of the Commission
9 shall be appointed for the life of the Commission.
10 (2) VACANCIES.—A vacancy in the Commis-
11 sion—
12 (A) shall not affect the powers of the Com-
13 mission; and
14 (B) shall be filled in the same manner as
15 the original appointment.
16 (d) MEETINGS.—
17 (1) INITIAL MEETING.—Not later than 30 days
18 after the date on which all members of the Commis-
19 sion have been appointed, the Commission shall hold
20 the first meeting of the Commission.
21 (2) FREQUENCY.—The Commission shall meet
22 not less frequently than once every 30 days.
23 (3) TYPE.—The Commission may hold meetings,
24 and a member of the Commission may participate in
† HR 3684 EAS
2193
1 a meeting, remotely through teleconference, video con-
2 ference, or similar means.
3 (4) QUORUM.—A majority of the members of the
4 Commission shall constitute a quorum, but a lesser
5 number of members may hold hearings.
6 SEC. 70204. DUTIES OF COMMISSION.
† HR 3684 EAS
2194
1 may include a review of community wild-
2 fire protection plans;
3 (iii) to manage the wildland-urban
4 interface;
5 (iv) to manage utility corridors;
6 (v) to rehabilitate land devastated by
7 wildland fire; and
8 (vi) to improve the capacity of the Sec-
9 retary of Agriculture and the Secretary of
10 the Interior to conduct hazardous fuels re-
11 duction projects;
12 (B) policy recommendations described in
13 subparagraph (A) with respect to any rec-
14 ommendations for—
15 (i) categorical exclusions from the re-
16 quirement to prepare an environmental im-
17 pact statement or analysis under the Na-
18 tional Environmental Policy Act of 1969
19 (42 U.S.C. 4321 et seq.); or
20 (ii) additional staffing or resources
21 that may be necessary to more expeditiously
22 prepare an environmental impact statement
23 or analysis under that Act;
24 (C) policy recommendations for modern-
25 izing and expanding the use of technology, in-
† HR 3684 EAS
2195
1 cluding satellite technology, remote sensing, un-
2 manned aircraft systems, and any other type of
3 emerging technology, to prevent, mitigate, sup-
4 press, and manage wildland fires, including any
5 recommendations with respect to—
6 (i) the implementation of section 1114
7 of the John D. Dingell, Jr. Conservation,
8 Management, and Recreation Act (43
9 U.S.C. 1748b–1); or
10 (ii) improving early wildland fire de-
11 tection;
12 (D) an assessment of Federal spending on
13 wildland fire-related disaster management, in-
14 cluding—
15 (i) a description and assessment of
16 Federal grant programs for States and
17 units of local government for pre- and post-
18 wildland fire disaster mitigation and recov-
19 ery, including—
20 (I) the amount of funding pro-
21 vided under each program;
22 (II) the effectiveness of each pro-
23 gram with respect to long-term forest
24 management and maintenance; and
† HR 3684 EAS
2196
1 (III) recommendations to improve
2 the effectiveness of each program, in-
3 cluding with respect to—
4 (aa) the conditions on the use
5 of funds received under the pro-
6 gram; and
7 (bb) the extent to which addi-
8 tional funds are necessary for the
9 program;
10 (ii) an evaluation, including rec-
11 ommendations to improve the effectiveness
12 in mitigating wildland fires, which may in-
13 clude authorizing prescribed fires, of—
14 (I) the Building Resilient Infra-
15 structure and Communities program
16 under section 203 of the Robert T.
17 Stafford Disaster Relief and Emer-
18 gency Assistance Act (42 U.S.C. 5133);
19 (II) the Pre-Disaster Mitigation
20 program under that section (42 U.S.C.
21 5133);
22 (III) the Hazard Mitigation
23 Grant Program under section 404 of
24 that Act (42 U.S.C. 5170c);
† HR 3684 EAS
2197
1 (IV) Hazard Mitigation Grant
2 Program post-fire assistance under sec-
3 tions 404 and 420 of that Act (42
4 U.S.C. 5170c, 5187); and
5 (V) such other programs as the
6 Commission determines to be appro-
7 priate;
8 (iii) an assessment of the definition of
9 ‘‘small impoverished community’’ under sec-
10 tion 203(a) of the Robert T. Stafford Dis-
11 aster Relief and Emergency Assistance Act
12 (42 U.S.C. 5133(a)), specifically—
13 (I) the exclusion of the percentage
14 of land owned by an entity other than
15 a State or unit of local government;
16 and
17 (II) any related economic impact
18 of that exclusion; and
19 (iv) recommendations for Federal
20 budgeting for wildland fires and post-wild-
21 fire recovery;
22 (E) any recommendations for matters under
23 subparagraph (A), (B), (C), or (D) specific to—
24 (i) forest type, vegetation type, or for-
25 est and vegetation type; or
† HR 3684 EAS
2198
1 (ii) State land, Tribal land, or private
2 land;
3 (F)(i) a review of the national strategy de-
4 scribed in the report entitled ‘‘The National
5 Strategy: The Final Phase in the Development of
6 the National Cohesive Wildland Fire Manage-
7 ment Strategy’’ and dated April 2014; and
8 (ii) any recommendations for changes to
9 that national strategy to improve its effective-
10 ness; and
11 (G)(i) an evaluation of coordination of re-
12 sponse to, and suppression of, wildfires occurring
13 on Federal, Tribal, State, and local land among
14 Federal, Tribal, State, and local agencies with
15 jurisdiction over that land; and
16 (ii) any recommendations to improve the
17 coordination described in clause (i).
18 (2) SPECIFIC POLICY RECOMMENDATIONS.—To
† HR 3684 EAS
2199
1 submit to the appropriate committees of Congress 1 or
2 more interim reports, as the Commission determines
3 to be appropriate, relating to any matters described
4 in paragraph (1).
5 (b) REPORT ON AERIAL WILDLAND FIREFIGHTING
6 EQUIPMENT STRATEGY AND INVENTORY ASSESSMENT.—
7 (1) SUBMISSION OF INVENTORY TO THE COMMIS-
† HR 3684 EAS
2200
1 committees of Congress a report outlining a strategy
2 to meet aerial firefighting equipment needs through
3 2030 in the most cost-effective manner, including—
4 (A) an assessment of the expected number of
5 aircraft and aircraft parts needed to fight
6 wildland fires through 2030;
7 (B) an assessment of existing authorities of
8 the Secretary of Defense and the heads of other
9 relevant Federal departments and agencies to
10 provide or sell surplus aircraft or aircraft parts
11 to Federal, State, or local authorities for
12 wildland firefighting use, including—
13 (i) a description of the current use of
14 each existing authority; and
15 (ii) a description of any additional au-
16 thorities that are needed for the Secretary of
17 Defense and the heads of other relevant Fed-
18 eral departments and agencies to provide or
19 sell surplus aircraft or aircraft parts to
20 Federal, State, or local authorities for
21 wildland firefighting use; and
22 (C) recommendations to ensure the avail-
23 ability of aircraft and aircraft parts that the
24 Commission expects will be necessary to fight
† HR 3684 EAS
2201
1 wildland fires through 2030 in the most cost-ef-
2 fective manner.
3 (3) CONSIDERATIONS FOR ACCESSING AIRCRAFT
† HR 3684 EAS
2202
1 (1) IN GENERAL.—The Commission may secure
2 directly from a Federal department or agency such
3 information as the Commission considers necessary to
4 carry out this title.
5 (2) FURNISHING INFORMATION.—On request of
6 the Chairpersons of the Commission, the head of the
7 department or agency shall furnish the information to
8 the Commission.
9 (c) POSTAL SERVICES.—The Commission may use the
10 United States mails in the same manner and under the
11 same conditions as other departments and agencies of the
12 Federal Government.
13 (d) GIFTS.—The Commission may accept, use, and
14 dispose of such gifts or donations of services or property
15 as the Commission considers necessary to carry out this
16 title.
17 SEC. 70206. COMMISSION PERSONNEL MATTERS.
† HR 3684 EAS
2203
1 (c) STAFF.—
2 (1) IN GENERAL.—The Chairpersons of the Com-
3 mission may, without regard to the civil service laws
4 (including regulations), appoint and terminate an ex-
5 ecutive director and such other additional personnel
6 as may be necessary to enable the Commission to per-
7 form its duties, except that the employment of an ex-
8 ecutive director shall be subject to confirmation by the
9 Commission.
10 (2) COMPENSATION.—The Chairpersons of the
11 Commission may fix the compensation of the execu-
12 tive director and other personnel without regard to
13 chapter 51 and subchapter III of chapter 53 of title
14 5, United States Code, relating to classification of po-
15 sitions and General Schedule pay rates, except that
16 the rate of pay for the executive director and other
17 personnel may not exceed the rate payable for level V
18 of the Executive Schedule under section 5316 of that
19 title.
20 (d) DETAIL OF GOVERNMENT EMPLOYEES.—A Federal
21 Government employee may be detailed to the Commission
22 without reimbursement, and such detail shall be without
23 interruption or loss of civil service status or privilege.
24 (e) PROCUREMENT OF TEMPORARY AND INTERMIT-
25 TENT SERVICES.—The Chairpersons of the Commission
† HR 3684 EAS
2204
1 may procure temporary and intermittent services under
2 section 3109(b) of title 5, United States Code, at rates for
3 individuals that do not exceed the daily equivalent of the
4 annual rate of basic pay prescribed for level V of the Execu-
5 tive Schedule under section 5316 of that title.
6 SEC. 70207. TERMINATION OF COMMISSION.
† HR 3684 EAS
2205
1 (ii) by redesignating the second sub-
2 section (d) (relating to the policy of Con-
3 gress regarding forested land in the Na-
4 tional Forest System) as subsection (e); and
5 (iii) in subsection (e) (as so redesig-
6 nated)—
7 (I) in paragraph (2)—
8 (aa) in the first sentence—
9 (AA) by striking ‘‘9 of
10 this Act, the Secretary shall
11 annually for eight years fol-
12 lowing the enactment of this
13 subsection’’ and inserting ‘‘9,
14 the Secretary shall, annually
15 during each of the 10 years
16 beginning after the date of
17 enactment of the REPLANT
18 Act’’; and
19 (BB) by striking ‘‘eight-
20 year’’ and inserting ‘‘10-
21 year’’;
22 (bb) in the second sentence,
23 by striking ‘‘such eight-year pe-
24 riod’’ and inserting ‘‘the 10-year
25 period’’; and
† HR 3684 EAS
2206
1 (cc) in the third sentence, by
2 striking ‘‘1978’’ and inserting
3 ‘‘2021’’;
4 (II) in paragraph (3), in the first
5 sentence, by striking ‘‘subsection (d)’’
6 and inserting ‘‘subsection’’; and
7 (III) by adding at the end the fol-
8 lowing:
9 ‘‘(4) REFORESTATION REQUIREMENTS.—
† HR 3684 EAS
2207
1 ‘‘(ii) PRIORITY LAND.—The term ‘pri-
2 ority land’ means National Forest System
3 land that, due to an unplanned event—
4 ‘‘(I) does not meet the conditions
5 for appropriate forest cover described
6 in paragraph (1);
7 ‘‘(II) requires reforestation to
8 meet the objectives of an applicable
9 land management plan; and
10 ‘‘(III) is unlikely to experience
11 natural regeneration without assist-
12 ance.
13 ‘‘(iii) REFORESTATION.—The term ‘re-
14 forestation’ means the act of renewing tree
15 cover, taking into consideration species com-
16 position and resilience, by establishing
17 young trees through—
18 ‘‘(I) natural regeneration;
19 ‘‘(II) natural regeneration with
20 site preparation; or
21 ‘‘(III) planting or direct seeding.
22 ‘‘(iv) SECRETARY.—The term ‘Sec-
23 retary’ means the Secretary, acting through
24 the Chief of the Forest Service.
25 ‘‘(v) UNPLANNED EVENT.—
† HR 3684 EAS
2208
1 ‘‘(I) IN GENERAL.—The term ‘un-
2 planned event’ means any unplanned
3 disturbance that—
4 ‘‘(aa) disrupts ecosystem or
5 forest structure or composition; or
6 ‘‘(bb) changes resources, sub-
7 strate availability, or the physical
8 environment.
9 ‘‘(II) INCLUSIONS.—The term ‘un-
10 planned event’ may include—
11 ‘‘(aa) a wildfire;
12 ‘‘(bb) an infestation of in-
13 sects or disease;
14 ‘‘(cc) a weather event; and
15 ‘‘(dd) animal damage.
16 ‘‘(B) REQUIREMENT.—Each reforestation
17 activity under this section shall be carried out in
18 accordance with applicable Forest Service man-
19 agement practices and definitions, including
20 definitions relating to silvicultural practices and
21 forest management.
22 ‘‘(C) REFORESTATION PRIORITY.—
† HR 3684 EAS
2209
1 ority to projects on the priority list de-
2 scribed in clause (ii).
3 ‘‘(ii) PRIORITY LIST.—
† HR 3684 EAS
2210
1 est function and health, soil health
2 and productivity, wildlife habitat,
3 improved air and water quality,
4 carbon sequestration potential, re-
5 silience, job creation, and en-
6 hanced recreational opportuni-
7 ties.’’.
8 (B) CONFORMING AMENDMENT.—Section 9
9 of the Cooperative Forestry Assistance Act of
10 1978 (16 U.S.C. 2105) is amended, in the undes-
11 ignated matter following paragraph (5) of sub-
12 section (g)—
13 (i) by striking ‘‘section 3(d)’’ and in-
14 serting ‘‘subsection (e) of section 3’’; and
15 (ii) by striking ‘‘1601(d)’’ and insert-
16 ing ‘‘1601’’.
17 (2) NATIONAL FOREST SYSTEM PROGRAM ELE-
† HR 3684 EAS
2211
1 (B) in paragraph (3)—
2 (i) in the second sentence, by striking
3 ‘‘Proper adjustment’’ and inserting the fol-
4 lowing:
5 ‘‘(3) ADJUSTMENT OF ESTIMATES.—Proper ad-
6 justment’’; and
7 (ii) by striking ‘‘(3) The amounts’’ and
8 inserting the following:
9 ‘‘(2) FREQUENCY.—The amounts’’; and
10 (C) by striking the subsection designation
11 and all that follows through ‘‘the Secretary’’ in
12 paragraph (1) and inserting the following:
13 ‘‘(b) TRANSFERS TO TRUST FUND.—
14 ‘‘(1) IN GENERAL.—The Secretary’’; and
15 (2) in subsection (d)(1)—
16 (A) by striking ‘‘section 3(d)’’ and inserting
17 ‘‘subsection (e) of section 3’’; and
18 (B) by striking ‘‘1601(d)’’ and inserting
19 ‘‘1601’’.
20 SEC. 70303. REPORT.
† HR 3684 EAS
2212
1 licly available on the website of the Forest Service, a report
2 that describes, with respect to the preceding year—
3 (1) an evaluation of the degree to which the Sec-
4 retary has achieved compliance with the requirements
5 contained in the amendments made by this title, in-
6 cluding, as a result of those amendments, the number
7 of acres covered by reforestation projects that follow
8 unplanned events (such as wildfires);
9 (2) the total number of acres of land reforested
10 under each authority of the Secretary under which re-
11 forestation projects have been carried out;
12 (3) the number of acres of National Forest Sys-
13 tem land affected by, and the substance of reforest-
14 ation needs on that land resulting from, unplanned
15 events; and
16 (4) the number of acres in need of reforestation
17 under subsection (e)(1) of section 3 of the Forest and
18 Rangeland Renewable Resources Planning Act of
19 1974 (16 U.S.C. 1601).
20 TITLE IV—RECYCLING
21 PRACTICES
22 SEC. 70401. BEST PRACTICES FOR BATTERY RECYCLING
† HR 3684 EAS
2213
1 (1) ADMINISTRATOR.—The term ‘‘Adminis-
2 trator’’ means the Administrator of the Environ-
3 mental Protection Agency.
4 (2) BATTERY.—The term ‘‘battery’’ means a de-
5 vice that—
6 (A) consists of 1 or more electrochemical
7 cells that are electrically connected; and
8 (B) is designed to store and deliver electric
9 energy.
10 (3) RECYCLING.—The term ‘‘recycling’’ means
11 the series of activities—
12 (A) during which recyclable materials are
13 processed into specification-grade commodities,
14 and consumed as raw-material feedstock, in lieu
15 of virgin materials, in the manufacturing of new
16 products;
17 (B) that may include collection, processing,
18 and brokering; and
19 (C) that result in subsequent consumption
20 by a materials manufacturer, including for the
21 manufacturing of new products.
22 (b) BEST PRACTICES FOR COLLECTION OF BATTERIES
23 TO BE RECYCLED.—
24 (1) IN GENERAL.—The Administrator shall de-
25 velop best practices that may be implemented by
† HR 3684 EAS
2214
1 State, Tribal, and local governments with respect to
2 the collection of batteries to be recycled in a manner
3 that—
4 (A) to the maximum extent practicable, is
5 technically and economically feasible for State,
6 Tribal, and local governments;
7 (B) is environmentally sound and safe for
8 waste management workers; and
9 (C) optimizes the value and use of material
10 derived from recycling of batteries.
11 (2) CONSULTATION.—The Administrator shall
12 develop the best practices described in paragraph (1)
13 in coordination with State, Tribal, and local govern-
14 ments and relevant nongovernmental and private sec-
15 tor entities.
16 (3) REPORT.—Not later than 2 years after the
17 date of enactment of this Act, the Administrator shall
18 submit to Congress a report describing the best prac-
19 tices developed under paragraph (1).
20 (4) AUTHORIZATION OF APPROPRIATIONS.—
† HR 3684 EAS
2215
1 (1) IN GENERAL.—There is established within
2 the Environmental Protection Agency a program (re-
3 ferred to in this subsection as the ‘‘program’’) to pro-
4 mote battery recycling through the development of—
5 (A) voluntary labeling guidelines for bat-
6 teries; and
7 (B) other forms of communication materials
8 for battery producers and consumers about the
9 reuse and recycling of critical materials from
10 batteries.
11 (2) PURPOSES.—The purposes of the program
12 are to improve battery collection and reduce battery
13 waste, including by—
14 (A) identifying battery collection locations
15 and increasing accessibility to those locations;
16 (B) promoting consumer education about
17 battery collection and recycling; and
18 (C) reducing safety concerns relating to the
19 improper disposal of batteries.
20 (3) OTHER STANDARDS AND LAW.—The Admin-
21 istrator shall make every reasonable effort to ensure
22 that voluntary labeling guidelines and other forms of
23 communication materials developed under the pro-
24 gram are consistent with—
† HR 3684 EAS
2216
1 (A) international battery labeling stand-
2 ards; and
3 (B) the Mercury-Containing and Recharge-
4 able Battery Management Act (42 U.S.C. 14301
5 et seq.).
6 (4) AUTHORIZATION OF APPROPRIATIONS.—
13 CUREMENT.
† HR 3684 EAS
2217
1 (2) CRITERIA.—The Administrator shall award
2 grants under the grant program for projects that, by
3 using one or more eligible activities described in
4 paragraph (5)—
5 (A) inform the public about residential or
6 community recycling programs;
7 (B) provide information about the recycled
8 materials that are accepted as part of a residen-
9 tial or community recycling program that pro-
10 vides for the separate collection of residential
11 solid waste from recycled material; and
12 (C) increase collection rates and decrease
13 contamination in residential and community re-
14 cycling programs.
15 (3) ELIGIBLE ENTITIES.—
† HR 3684 EAS
2218
1 tary and Secondary Education Act of 1965
2 (20 U.S.C. 7517));
3 (v) the Department of Hawaiian Home
4 Lands;
5 (vi) the Office of Hawaiian Affairs;
6 (vii) a nonprofit organization; or
7 (viii) a public-private partnership.
8 (B) COORDINATION OF ACTIVITIES.—2 or
9 more entities described in subparagraph (A) may
10 receive a grant under the grant program to co-
11 ordinate the provision of information to resi-
12 dents that may access 2 or more residential recy-
13 cling programs, including programs that accept
14 different recycled materials, to provide to the
15 residents information regarding differences
16 among those residential recycling programs.
17 (4) REQUIREMENT.—
18 (A) IN GENERAL.—To receive a grant under
19 the grant program, an eligible entity shall dem-
20 onstrate to the Administrator that the grant
21 funds will be used to encourage the collection of
22 recycled materials that are sold to an existing or
23 developing market.
24 (B) BUSINESS PLANS AND FINANCIAL
25 DATA.—
† HR 3684 EAS
2219
1 (i) IN GENERAL.—An eligible entity
2 may make a demonstration under subpara-
3 graph (A) through the submission to the Ad-
4 ministrator of appropriate business plans
5 and financial data.
6 (ii) CONFIDENTIALITY.—The Adminis-
7 trator shall treat any business plans or fi-
8 nancial data received under clause (i) as
9 confidential information.
10 (5) ELIGIBLE ACTIVITIES.—An eligible entity
11 that receives a grant under the grant program may
12 use the grant funds for activities including—
13 (A) public service announcements;
14 (B) a door-to-door education and outreach
15 campaign;
16 (C) social media and digital outreach;
17 (D) an advertising campaign on recycling
18 awareness;
19 (E) the development and dissemination of—
20 (i) a toolkit for a municipal and com-
21 mercial recycling program;
22 (ii) information on the importance of
23 quality in the recycling stream;
24 (iii) information on the economic and
25 environmental benefits of recycling; and
† HR 3684 EAS
2220
1 (iv) information on what happens to
2 materials after the materials are placed into
3 a residential or community recycling pro-
4 gram;
5 (F) businesses recycling outreach;
6 (G) bin, cart, and other receptacle labeling
7 and signs; and
8 (H) such other activities that the Adminis-
9 trator determines are appropriate to carry out
10 the purposes of this subsection.
11 (6) PROHIBITION ON USE OF FUNDS.—No funds
12 may be awarded under the grant program for a resi-
13 dential recycling program that—
14 (A) does not provide for the separate collec-
15 tion of residential solid waste (as defined in sec-
16 tion 246.101 of title 40, Code of Federal Regula-
17 tions (as in effect on the date of enactment of
18 this Act)) from recycled material (as defined in
19 that section), unless the funds are used to pro-
20 mote a transition to a system that separately
21 collects recycled materials; or
22 (B) promotes the establishment of, or con-
23 version to, a residential collection system that
24 does not provide for the separate collection of res-
25 idential solid waste from recycled material (as
† HR 3684 EAS
2221
1 those terms are defined under subparagraph
2 (A)).
3 (7) MODEL RECYCLING PROGRAM TOOLKIT.—
† HR 3684 EAS
2222
1 (iv) a community self-assessment guide
2 to identify gaps in existing recycling pro-
3 grams;
4 (v) training modules that enable States
5 and nonprofit organizations to provide tech-
6 nical assistance to units of local govern-
7 ment;
8 (vi) access to consumer educational
9 materials that States, Indian Tribes, and
10 units of local government can adapt and
11 use in recycling programs; and
12 (vii) a guide to measure the effective-
13 ness of a grant received under the grant
14 program, including standardized measure-
15 ments for recycling rates and decreases in
16 contamination.
17 (B) REQUIREMENT.—In developing the
18 standardized set of terms and examples under
19 subparagraph (A)(i), the Administrator may not
20 establish any requirements for—
21 (i) what materials shall be accepted by
22 a residential recycling program; or
23 (ii) the labeling of products.
24 (8) SCHOOL CURRICULUM.—The Administrator
25 shall provide assistance to the educational commu-
† HR 3684 EAS
2223
1 nity, including nonprofit organizations, such as an
2 organization the science, technology, engineering, and
3 mathematics program of which incorporates recycling,
4 to promote the introduction of recycling principles
5 and best practices into public school curricula.
6 (9) REPORTS.—
7 (A) TO THE ADMINISTRATOR.—Not earlier
8 than 180 days, and not later than 2 years, after
9 the date on which a grant under the grant pro-
10 gram is awarded to an eligible entity, the eligible
11 entity shall submit to the Administrator a report
12 describing, by using the guide developed under
13 paragraph (7)(A)(vii)—
14 (i) the change in volume of recycled
15 material collected through the activities
16 funded with the grant;
17 (ii) the change in participation rate of
18 the recycling program funded with the
19 grant;
20 (iii) the reduction of contamination in
21 the recycling stream as a result of the ac-
22 tivities funded with the grant; and
23 (iv) such other information as the Ad-
24 ministrator determines to be appropriate.
† HR 3684 EAS
2224
1 (B) TO CONGRESS.—The Administrator
2 shall submit to Congress an annual report de-
3 scribing—
4 (i) the effectiveness of residential recy-
5 cling programs awarded funds under the
6 grant program, including statistics com-
7 paring the quantity and quality of recycled
8 materials collected by those programs, as de-
9 scribed in the reports submitted to the Ad-
10 ministrator under subparagraph (A); and
11 (ii) recommendations on additional ac-
12 tions to improve residential recycling.
13 (c) FEDERAL PROCUREMENT.—Section 6002 of the
14 Solid Waste Disposal Act (42 U.S.C. 6962) is amended—
15 (1) in subsection (e), in the matter preceding
16 paragraph (1), by striking ‘‘and from time to time,
17 revise’’ and inserting ‘‘review not less frequently than
18 once every 5 years, and, if appropriate, revise, in con-
19 sultation with recyclers and manufacturers of prod-
20 ucts containing recycled content, not later than 2
21 years after the completion of the initial review after
22 the date of enactment of the Infrastructure Investment
23 and Jobs Act and thereafter, as appropriate’’; and
24 (2) by adding at the end the following:
† HR 3684 EAS
2225
1 ‘‘(j) CONSULTATION AND PROVISION OF INFORMATION
2 BY ADMINISTRATOR.—The Administrator shall—
3 ‘‘(1) consult with each procuring agency, includ-
4 ing contractors of the procuring agency, to clarify the
5 responsibilities of the procuring agency under this
6 section; and
7 ‘‘(2) provide to each procuring agency informa-
8 tion on the requirements under this section and the
9 responsibilities of the procuring agency under this
10 section.
11 ‘‘(k) REPORTS.—The Administrator, in consultation
12 with the Administrator of General Services, shall submit
13 to Congress an annual report describing—
14 ‘‘(1) the quantity of federally procured recycled
15 products listed in the guidelines under subsection (e);
16 and
17 ‘‘(2) with respect to the products described in
18 paragraph (1), the percentage of recycled material in
19 each product.’’.
20 (d) AUTHORIZATION OF APPROPRIATIONS.—
21 (1) IN GENERAL.—There is authorized to be ap-
22 propriated to the Administrator to carry out this sec-
23 tion and the amendments made by this section
24 $15,000,000 for each of fiscal years 2022 through
25 2026.
† HR 3684 EAS
2226
1 (2) REQUIREMENT.—Of the amount made avail-
2 able under paragraph (1) for a fiscal year, not less
3 than 20 percent shall be allocated to—
4 (A) low-income communities;
5 (B) rural communities; and
6 (C) communities identified as Native Amer-
7 ican pursuant to section 2(9) of the Native
8 American Graves Protection and Repatriation
9 Act (25 U.S.C. 3001(9)).
10 TITLE V—BIOPRODUCT PILOT
11 PROGRAM
12 SEC. 70501. PILOT PROGRAM ON USE OF AGRICULTURAL
14 SUMER PRODUCTS.
† HR 3684 EAS
2227
1 (i) for sale to a consumer for use in or
2 around a permanent or temporary house-
3 hold or residence, a school, in recreation, or
4 otherwise; or
5 (ii) for the personal use, consumption
6 or enjoyment of a consumer in or around a
7 permanent or temporary household or resi-
8 dence, a school, in recreation, or otherwise;
9 and
10 (B) any product or product category de-
11 scribed in subparagraphs (A) through (I) of sec-
12 tion 3(a)(5) of the Consumer Product Safety Act
13 (15 U.S.C. 2052(a)(5)).
14 (3) COVERED AGRICULTURAL COMMODITY.—The
† HR 3684 EAS
2228
1 (B) is located within a reasonable distance,
2 not to exceed 3 miles, of the primary residence
3 hall of an institution of higher education (as de-
4 fined in section 101(a) of the Higher Education
5 Act of 1965 (20 U.S.C. 1001(a)));
6 (C) provides students opportunities to en-
7 gage in research activities; and
8 (D) provides opportunities for an institu-
9 tion of higher education (as defined in section
10 101(a) of the Higher Education Act of 1965 (20
11 U.S.C. 1001(a))) to collaborate with private en-
12 terprise.
13 (5) SECRETARY.—The term ‘‘Secretary’’ means
14 the Secretary of Agriculture.
15 (b) ESTABLISHMENT.—The Secretary shall carry out
16 a pilot program under which the Secretary shall partner
17 with not less than 1 qualified institution to study the bene-
18 fits of using materials derived from covered agricultural
19 commodities in the production of construction products and
20 consumer products, including—
21 (1) cost savings relative to other commonly used
22 alternative materials;
23 (2) greenhouse gas emission reductions and other
24 environmental benefits relative to other commonly
25 used alternative materials;
† HR 3684 EAS
2229
1 (3) life-cycle and longevity-extending characteris-
2 tics relative to other commonly used alternative mate-
3 rials;
4 (4) life-cycle and longevity-reducing characteris-
5 tics relative to other commonly used alternative mate-
6 rials;
7 (5) landfill quantity and waste management cost
8 reductions;
9 (6) product development and production scale-
10 up; and
11 (7) any other benefits that the Secretary deter-
12 mines to be appropriate.
13 (c) AUTHORIZATION OF APPROPRIATIONS.—There is
14 authorized to be appropriated to the Secretary to carry out
15 this section $2,000,000 for each of fiscal years 2022 through
16 2023.
17 TITLE VI—CYBERSECURITY
18 Subtitle A—Cyber Response and
19 Recovery Act
20 SEC. 70601. SHORT TITLE.
† HR 3684 EAS
2230
1 SEC. 70602. DECLARATION OF A SIGNIFICANT INCIDENT.
† HR 3684 EAS
2232
1 ‘‘(5) FUND.—The term ‘Fund’ means the Cyber
2 Response and Recovery Fund established under sec-
3 tion 2234(a).
4 ‘‘(6) INCIDENT.—The term ‘incident’ has the
5 meaning given the term in section 3552 of title 44,
6 United States Code.
7 ‘‘(7) RENEWAL.—The term ‘renewal’ means a re-
8 newal of a declaration under section 2233(d).
9 ‘‘(8) SIGNIFICANT INCIDENT.—The term ‘signifi-
10 cant incident’—
11 ‘‘(A) means an incident or a group of re-
12 lated incidents that results, or is likely to result,
13 in demonstrable harm to—
14 ‘‘(i) the national security interests, for-
15 eign relations, or economy of the United
16 States; or
17 ‘‘(ii) the public confidence, civil lib-
18 erties, or public health and safety of the
19 people of the United States; and
20 ‘‘(B) does not include an incident or a por-
21 tion of a group of related incidents that occurs
22 on—
23 ‘‘(i) a national security system (as de-
24 fined in section 3552 of title 44, United
25 States Code); or
† HR 3684 EAS
2233
1 ‘‘(ii) an information system described
2 in paragraph (2) or (3) of section 3553(e)
3 of title 44, United States Code.
4 ‘‘SEC. 2233. DECLARATION.
5 ‘‘(a) IN GENERAL.—
6 ‘‘(1) DECLARATION.—The Secretary, in consulta-
7 tion with the National Cyber Director, may make a
8 declaration of a significant incident in accordance
9 with this section for the purpose of enabling the ac-
10 tivities described in this subtitle if the Secretary de-
11 termines that—
12 ‘‘(A) a specific significant incident—
13 ‘‘(i) has occurred; or
14 ‘‘(ii) is likely to occur imminently; and
15 ‘‘(B) otherwise available resources, other
16 than the Fund, are likely insufficient to respond
17 effectively to, or to mitigate effectively, the spe-
18 cific significant incident described in subpara-
19 graph (A).
20 ‘‘(2) PROHIBITION ON DELEGATION.—The Sec-
21 retary may not delegate the authority provided to the
22 Secretary under paragraph (1).
23 ‘‘(b) ASSET RESPONSE ACTIVITIES.—Upon a declara-
24 tion, the Director shall coordinate—
† HR 3684 EAS
2234
1 ‘‘(1) the asset response activities of each Federal
2 agency in response to the specific significant incident
3 associated with the declaration; and
4 ‘‘(2) with appropriate entities, which may in-
5 clude—
6 ‘‘(A) public and private entities and State
7 and local governments with respect to the asset
8 response activities of those entities and govern-
9 ments; and
10 ‘‘(B) Federal, State, local, and Tribal law
11 enforcement agencies with respect to investiga-
12 tions and threat response activities of those law
13 enforcement agencies; and
14 ‘‘(3) Federal, State, local, and Tribal emergency
15 management and response agencies.
16 ‘‘(c) DURATION.—Subject to subsection (d), a declara-
17 tion shall terminate upon the earlier of—
18 ‘‘(1) a determination by the Secretary that the
19 declaration is no longer necessary; or
20 ‘‘(2) the expiration of the 120-day period begin-
21 ning on the date on which the Secretary makes the
22 declaration.
23 ‘‘(d) RENEWAL.—The Secretary, without delegation,
24 may renew a declaration as necessary.
25 ‘‘(e) PUBLICATION.—
† HR 3684 EAS
2235
1 ‘‘(1) IN GENERAL.—Not later than 72 hours after
2 a declaration or a renewal, the Secretary shall pub-
3 lish the declaration or renewal in the Federal Reg-
4 ister.
5 ‘‘(2) PROHIBITION.—A declaration or renewal
6 published under paragraph (1) may not include the
7 name of any affected individual or private company.
8 ‘‘(f) ADVANCE ACTIONS.—
9 ‘‘(1) IN GENERAL.—The Secretary—
10 ‘‘(A) shall assess the resources available to
11 respond to a potential declaration; and
12 ‘‘(B) may take actions before and while a
13 declaration is in effect to arrange or procure ad-
14 ditional resources for asset response activities or
15 technical assistance the Secretary determines
16 necessary, which may include entering into
17 standby contracts with private entities for cyber-
18 security services or incident responders in the
19 event of a declaration.
20 ‘‘(2) EXPENDITURE OF FUNDS.—Any expendi-
21 ture from the Fund for the purpose of paragraph
22 (1)(B) shall be made from amounts available in the
23 Fund, and amounts available in the Fund shall be in
24 addition to any other appropriations available to the
† HR 3684 EAS
2236
1 Cybersecurity and Infrastructure Security Agency for
2 such purpose.
3 ‘‘SEC. 2234. CYBER RESPONSE AND RECOVERY FUND.
† HR 3684 EAS
2237
1 ‘‘(A) hardware or software to replace, up-
2 date, improve, harden, or enhance the
3 functionality of existing hardware, software, or
4 systems; and
5 ‘‘(B) technical contract personnel support;
6 and
7 ‘‘(4) advance actions taken by the Secretary
8 under section 2233(f)(1)(B).
9 ‘‘(b) DEPOSITS AND EXPENDITURES.—
10 ‘‘(1) IN GENERAL.—Amounts shall be deposited
11 into the Fund from—
12 ‘‘(A) appropriations to the Fund for activi-
13 ties of the Fund; and
14 ‘‘(B) reimbursement from Federal agencies
15 for the activities described in paragraphs (1),
16 (2), and (4) of subsection (a), which shall only
17 be from amounts made available in advance in
18 appropriations Acts for such reimbursement.
19 ‘‘(2) EXPENDITURES.—Any expenditure from the
20 Fund for the purposes of this subtitle shall be made
21 from amounts available in the Fund from a deposit
22 described in paragraph (1), and amounts available in
23 the Fund shall be in addition to any other appropria-
24 tions available to the Cybersecurity and Infrastruc-
25 ture Security Agency for such purposes.
† HR 3684 EAS
2238
1 ‘‘(c) SUPPLEMENT NOT SUPPLANT.—Amounts in the
2 Fund shall be used to supplement, not supplant, other Fed-
3 eral, State, local, or Tribal funding for activities in re-
4 sponse to a declaration.
5 ‘‘(d) REPORTING.—The Secretary shall require an en-
6 tity that receives amounts from the Fund to submit a report
7 to the Secretary that details the specific use of the amounts.
8 ‘‘SEC. 2235. NOTIFICATION AND REPORTING.
† HR 3684 EAS
2239
1 ‘‘(C) the scope of the Federal and non-Fed-
2 eral entities impacted or anticipated to be im-
3 pacted by the specific significant incident;
4 ‘‘(3) with respect to a notification of a renewal,
5 the reason for the renewal;
6 ‘‘(4) justification as to why available resources,
7 other than the Fund, are insufficient to respond to or
8 mitigate the specific significant incident; and
9 ‘‘(5) a description of the coordination activities
10 described in section 2233(b) that the Secretary antici-
11 pates the Director to perform.
12 ‘‘(b) REPORT TO CONGRESS.—Not later than 180 days
13 after the date of a declaration or renewal, the Secretary
14 shall submit to the appropriate congressional committees a
15 report that includes—
16 ‘‘(1) the reason for the declaration or renewal,
17 including information and intelligence relating to the
18 specific significant incident that led to the declaration
19 or renewal;
20 ‘‘(2) the use of any funds from the Fund for the
21 purpose of responding to the incident or threat de-
22 scribed in paragraph (1);
23 ‘‘(3) a description of the actions, initiatives, and
24 projects undertaken by the Department and State and
25 local governments and public and private entities in
† HR 3684 EAS
2240
1 responding to and recovering from the specific signifi-
2 cant incident described in paragraph (1);
3 ‘‘(4) an accounting of the specific obligations
4 and outlays of the Fund; and
5 ‘‘(5) an analysis of—
6 ‘‘(A) the impact of the specific significant
7 incident described in paragraph (1) on Federal
8 and non-Federal entities;
9 ‘‘(B) the impact of the declaration or re-
10 newal on the response to, and recovery from, the
11 specific significant incident described in para-
12 graph (1); and
13 ‘‘(C) the impact of the funds made available
14 from the Fund as a result of the declaration or
15 renewal on the recovery from, and response to,
16 the specific significant incident described in
17 paragraph (1).
18 ‘‘(c) CLASSIFICATION.—Each notification made under
19 subsection (a) and each report submitted under subsection
20 (b)—
21 ‘‘(1) shall be in an unclassified form with appro-
22 priate markings to indicate information that is ex-
23 empt from disclosure under section 552 of title 5,
24 United States Code (commonly known as the ‘Free-
25 dom of Information Act’); and
† HR 3684 EAS
2241
1 ‘‘(2) may include a classified annex.
2 ‘‘(d) CONSOLIDATED REPORT.—The Secretary shall
3 not be required to submit multiple reports under subsection
4 (b) for multiple declarations or renewals if the Secretary
5 determines that the declarations or renewals substantively
6 relate to the same specific significant incident.
7 ‘‘(e) EXEMPTION.—The requirements of subchapter I
8 of chapter 35 of title 44 (commonly known as the ‘Paper-
9 work Reduction Act’) shall not apply to the voluntary col-
10 lection of information by the Department during an inves-
11 tigation of, a response to, or an immediate post-response
12 review of, the specific significant incident leading to a dec-
13 laration or renewal.
14 ‘‘SEC. 2236. RULE OF CONSTRUCTION.
† HR 3684 EAS
2242
1 ‘‘SEC. 2238. SUNSET.
15 PROGRAM.
20 PROGRAM.
† HR 3684 EAS
2243
1 ‘‘(1) APPROPRIATE COMMITTEES OF CON-
† HR 3684 EAS
2244
1 ‘‘(7) INFORMATION SYSTEM.—The term ‘informa-
2 tion system’ has the meaning given the term in sec-
3 tion 102 of the Cybersecurity Act of 2015 (6 U.S.C.
4 1501).
5 ‘‘(8) MULTI-ENTITY GROUP.—The term ‘multi-
6 entity group’ means a group of 2 or more eligible en-
7 tities desiring a grant under this section.
8 ‘‘(9) ONLINE SERVICE.—The term ‘online service’
9 means any internet-facing service, including a
10 website, email, virtual private network, or custom ap-
11 plication.
12 ‘‘(10) RURAL AREA.—The term ‘rural area’ has
13 the meaning given the term in section 5302 of title
14 49, United States Code.
15 ‘‘(11) STATE AND LOCAL CYBERSECURITY GRANT
† HR 3684 EAS
2245
1 nized Indian Tribe List Act of 1994 (25 U.S.C.
2 5131).
3 ‘‘(b) ESTABLISHMENT.—
4 ‘‘(1) IN GENERAL.—There is established within
5 the Department a program to award grants to eligible
6 entities to address cybersecurity risks and cybersecu-
7 rity threats to information systems owned or operated
8 by, or on behalf of, State, local, or Tribal govern-
9 ments.
10 ‘‘(2) APPLICATION.—An eligible entity desiring a
11 grant under the State and Local Cybersecurity Grant
12 Program shall submit to the Secretary an application
13 at such time, in such manner, and containing such
14 information as the Secretary may require.
15 ‘‘(c) ADMINISTRATION.—The State and Local Cyberse-
16 curity Grant Program shall be administered in the same
17 office of the Department that administers grants made
18 under sections 2003 and 2004.
19 ‘‘(d) USE OF FUNDS.—An eligible entity that receives
20 a grant under this section and a local government that re-
21 ceives funds from a grant under this section, as appro-
22 priate, shall use the grant to—
23 ‘‘(1) implement the Cybersecurity Plan of the eli-
24 gible entity;
† HR 3684 EAS
2246
1 ‘‘(2) develop or revise the Cybersecurity Plan of
2 the eligible entity;
3 ‘‘(3) pay expenses directly relating to the admin-
4 istration of the grant, which shall not exceed 5 per-
5 cent of the amount of the grant;
6 ‘‘(4) assist with activities that address imminent
7 cybersecurity threats, as confirmed by the Secretary,
8 acting through the Director, to the information sys-
9 tems owned or operated by, or on behalf of, the eligi-
10 ble entity or a local government within the jurisdic-
11 tion of the eligible entity; or
12 ‘‘(5) fund any other appropriate activity deter-
13 mined by the Secretary, acting through the Director.
14 ‘‘(e) CYBERSECURITY PLANS.—
15 ‘‘(1) IN GENERAL.—An eligible entity applying
16 for a grant under this section shall submit to the Sec-
17 retary a Cybersecurity Plan for review in accordance
18 with subsection (i).
19 ‘‘(2) REQUIRED ELEMENTS.—A Cybersecurity
20 Plan of an eligible entity shall—
21 ‘‘(A) incorporate, to the extent practicable—
22 ‘‘(i) any existing plans of the eligible
23 entity to protect against cybersecurity risks
24 and cybersecurity threats to information
† HR 3684 EAS
2247
1 systems owned or operated by, or on behalf
2 of, State, local, or Tribal governments; and
3 ‘‘(ii) if the eligible entity is a State,
4 consultation and feedback from local govern-
5 ments and associations of local governments
6 within the jurisdiction of the eligible entity;
7 ‘‘(B) describe, to the extent practicable, how
8 the eligible entity will—
9 ‘‘(i) manage, monitor, and track infor-
10 mation systems, applications, and user ac-
11 counts owned or operated by, or on behalf
12 of, the eligible entity or, if the eligible entity
13 is a State, local governments within the ju-
14 risdiction of the eligible entity, and the in-
15 formation technology deployed on those in-
16 formation systems, including legacy infor-
17 mation systems and information technology
18 that are no longer supported by the manu-
19 facturer of the systems or technology;
20 ‘‘(ii) monitor, audit, and, track net-
21 work traffic and activity transiting or trav-
22 eling to or from information systems, appli-
23 cations, and user accounts owned or oper-
24 ated by, or on behalf of, the eligible entity
25 or, if the eligible entity is a State, local gov-
† HR 3684 EAS
2248
1 ernments within the jurisdiction of the eli-
2 gible entity;
3 ‘‘(iii) enhance the preparation, re-
4 sponse, and resiliency of information sys-
5 tems, applications, and user accounts owned
6 or operated by, or on behalf of, the eligible
7 entity or, if the eligible entity is a State,
8 local governments within the jurisdiction of
9 the eligible entity, against cybersecurity
10 risks and cybersecurity threats;
11 ‘‘(iv) implement a process of contin-
12 uous cybersecurity vulnerability assessments
13 and threat mitigation practices prioritized
14 by degree of risk to address cybersecurity
15 risks and cybersecurity threats on informa-
16 tion systems, applications, and user ac-
17 counts owned or operated by, or on behalf
18 of, the eligible entity or, if the eligible entity
19 is a State, local governments within the ju-
20 risdiction of the eligible entity;
21 ‘‘(v) ensure that the eligible entity and,
22 if the eligible entity is a State, local govern-
23 ments within the jurisdiction of the eligible
24 entity, adopt and use best practices and
† HR 3684 EAS
2249
1 methodologies to enhance cybersecurity, such
2 as—
3 ‘‘(I) the practices set forth in the
4 cybersecurity framework developed by
5 the National Institute of Standards
6 and Technology;
7 ‘‘(II) cyber chain supply chain
8 risk management best practices identi-
9 fied by the National Institute of Stand-
10 ards and Technology; and
11 ‘‘(III) knowledge bases of adver-
12 sary tools and tactics;
13 ‘‘(vi) promote the delivery of safe, rec-
14 ognizable, and trustworthy online services
15 by the eligible entity and, if the eligible en-
16 tity is a State, local governments within the
17 jurisdiction of the eligible entity, including
18 through the use of the .gov internet domain;
19 ‘‘(vii) ensure continuity of operations
20 of the eligible entity and, if the eligible enti-
21 ty is a State, local governments within the
22 jurisdiction of the eligible entity, in the
23 event of a cybersecurity incident, including
24 by conducting exercises to practice respond-
25 ing to a cybersecurity incident;
† HR 3684 EAS
2250
1 ‘‘(viii) use the National Initiative for
2 Cybersecurity Education Workforce Frame-
3 work for Cybersecurity developed by the Na-
4 tional Institute of Standards and Tech-
5 nology to identify and mitigate any gaps in
6 the cybersecurity workforces of the eligible
7 entity and, if the eligible entity is a State,
8 local governments within the jurisdiction of
9 the eligible entity, enhance recruitment and
10 retention efforts for those workforces, and
11 bolster the knowledge, skills, and abilities of
12 personnel of the eligible entity and, if the el-
13 igible entity is a State, local governments
14 within the jurisdiction of the eligible entity,
15 to address cybersecurity risks and cyberse-
16 curity threats, such as through cybersecurity
17 hygiene training;
18 ‘‘(ix) if the eligible entity is a State,
19 ensure continuity of communications and
20 data networks within the jurisdiction of the
21 eligible entity between the eligible entity
22 and local governments within the jurisdic-
23 tion of the eligible entity in the event of an
24 incident involving those communications or
25 data networks;
† HR 3684 EAS
2251
1 ‘‘(x) assess and mitigate, to the greatest
2 degree possible, cybersecurity risks and cy-
3 bersecurity threats relating to critical infra-
4 structure and key resources, the degradation
5 of which may impact the performance of in-
6 formation systems within the jurisdiction of
7 the eligible entity;
8 ‘‘(xi) enhance capabilities to share
9 cyber threat indicators and related informa-
10 tion between the eligible entity and—
11 ‘‘(I) if the eligible entity is a
12 State, local governments within the ju-
13 risdiction of the eligible entity, includ-
14 ing by expanding information sharing
15 agreements with the Department; and
16 ‘‘(II) the Department;
17 ‘‘(xii) leverage cybersecurity services of-
18 fered by the Department;
19 ‘‘(xiii) implement an information tech-
20 nology and operational technology mod-
21 ernization cybersecurity review process that
22 ensures alignment between information
23 technology and operational technology cy-
24 bersecurity objectives;
† HR 3684 EAS
2252
1 ‘‘(xiv) develop and coordinate strate-
2 gies to address cybersecurity risks and cy-
3 bersecurity threats in consultation with—
4 ‘‘(I) if the eligible entity is a
5 State, local governments and associa-
6 tions of local governments within the
7 jurisdiction of the eligible entity; and
8 ‘‘(II) as applicable—
9 ‘‘(aa) eligible entities that
10 neighbor the jurisdiction of the el-
11 igible entity or, as appropriate,
12 members of an information shar-
13 ing and analysis organization;
14 and
15 ‘‘(bb) countries that neighbor
16 the jurisdiction of the eligible en-
17 tity;
18 ‘‘(xv) ensure adequate access to, and
19 participation in, the services and programs
20 described in this subparagraph by rural
21 areas within the jurisdiction of the eligible
22 entity; and
23 ‘‘(xvi) distribute funds, items, services,
24 capabilities, or activities to local govern-
25 ments under subsection (n)(2)(A), including
† HR 3684 EAS
2253
1 the fraction of that distribution the eligible
2 entity plans to distribute to rural areas
3 under subsection (n)(2)(B);
4 ‘‘(C) assess the capabilities of the eligible
5 entity relating to the actions described in sub-
6 paragraph (B);
7 ‘‘(D) describe, as appropriate and to the ex-
8 tent practicable, the individual responsibilities of
9 the eligible entity and local governments within
10 the jurisdiction of the eligible entity in imple-
11 menting the plan;
12 ‘‘(E) outline, to the extent practicable, the
13 necessary resources and a timeline for imple-
14 menting the plan; and
15 ‘‘(F) describe the metrics the eligible entity
16 will use to measure progress towards—
17 ‘‘(i) implementing the plan; and
18 ‘‘(ii) reducing cybersecurity risks to,
19 and identifying, responding to, and recov-
20 ering from cybersecurity threats to, infor-
21 mation systems owned or operated by, or on
22 behalf of, the eligible entity or, if the eligible
23 entity is a State, local governments within
24 the jurisdiction of the eligible entity.
† HR 3684 EAS
2254
1 ‘‘(3) DISCRETIONARY ELEMENTS.—In drafting a
2 Cybersecurity Plan, an eligible entity may—
3 ‘‘(A) consult with the Multi-State Informa-
4 tion Sharing and Analysis Center;
5 ‘‘(B) include a description of cooperative
6 programs developed by groups of local govern-
7 ments within the jurisdiction of the eligible enti-
8 ty to address cybersecurity risks and cybersecu-
9 rity threats; and
10 ‘‘(C) include a description of programs pro-
11 vided by the eligible entity to support local gov-
12 ernments and owners and operators of critical
13 infrastructure to address cybersecurity risks and
14 cybersecurity threats.
15 ‘‘(f) MULTI-ENTITY GRANTS.—
16 ‘‘(1) IN GENERAL.—The Secretary may award
17 grants under this section to a multi-entity group to
18 support multi-entity efforts to address cybersecurity
19 risks and cybersecurity threats to information systems
20 within the jurisdictions of the eligible entities that
21 comprise the multi-entity group.
22 ‘‘(2) SATISFACTION OF OTHER REQUIRE-
† HR 3684 EAS
2255
1 ‘‘(A) a Cybersecurity Plan that has been re-
2 viewed by the Secretary in accordance with sub-
3 section (i); and
4 ‘‘(B) a cybersecurity planning committee es-
5 tablished in accordance with subsection (g).
6 ‘‘(3) APPLICATION.—
7 ‘‘(A) IN GENERAL.—A multi-entity group
8 applying for a multi-entity grant under para-
9 graph (1) shall submit to the Secretary an appli-
10 cation at such time, in such manner, and con-
11 taining such information as the Secretary may
12 require.
13 ‘‘(B) MULTI-ENTITY PROJECT PLAN.—An
† HR 3684 EAS
2256
1 together to implement the Cybersecurity
2 Plan of each of those eligible entities.
3 ‘‘(g) PLANNING COMMITTEES.—
4 ‘‘(1) IN GENERAL.—An eligible entity that re-
5 ceives a grant under this section shall establish a cy-
6 bersecurity planning committee to—
7 ‘‘(A) assist with the development, implemen-
8 tation, and revision of the Cybersecurity Plan of
9 the eligible entity;
10 ‘‘(B) approve the Cybersecurity Plan of the
11 eligible entity; and
12 ‘‘(C) assist with the determination of effec-
13 tive funding priorities for a grant under this sec-
14 tion in accordance with subsections (d) and (j).
15 ‘‘(2) COMPOSITION.—A committee of an eligible
16 entity established under paragraph (1) shall—
17 ‘‘(A) be comprised of representatives from—
18 ‘‘(i) the eligible entity;
19 ‘‘(ii) if the eligible entity is a State,
20 counties, cities, and towns within the juris-
21 diction of the eligible entity; and
22 ‘‘(iii) institutions of public education
23 and health within the jurisdiction of the eli-
24 gible entity; and
† HR 3684 EAS
2257
1 ‘‘(B) include, as appropriate, representa-
2 tives of rural, suburban, and high-population ju-
3 risdictions.
4 ‘‘(3) CYBERSECURITY EXPERTISE.—Not less than
5 one-half of the representatives of a committee estab-
6 lished under paragraph (1) shall have professional ex-
7 perience relating to cybersecurity or information tech-
8 nology.
9 ‘‘(4) RULE OF CONSTRUCTION REGARDING EXIST-
† HR 3684 EAS
2258
1 section to make decisions relating to information sys-
2 tems owned or operated by, or on behalf of, the eligi-
3 ble entity.
4 ‘‘(h) SPECIAL RULE FOR TRIBAL GOVERNMENTS.—
5 With respect to any requirement under subsection (e) or (g),
6 the Secretary, in consultation with the Secretary of the In-
7 terior and Tribal governments, may prescribe an alter-
8 native substantively similar requirement for Tribal govern-
9 ments if the Secretary finds that the alternative require-
10 ment is necessary for the effective delivery and administra-
11 tion of grants to Tribal governments under this section.
12 ‘‘(i) REVIEW OF PLANS.—
13 ‘‘(1) REVIEW AS CONDITION OF GRANT.—
† HR 3684 EAS
2259
1 ‘‘(B) DURATION OF DETERMINATION.—In
† HR 3684 EAS
2260
1 ‘‘(A) satisfies the requirements of subsection
2 (e)(2); and
3 ‘‘(B) has been approved by—
4 ‘‘(i) the cybersecurity planning com-
5 mittee of the eligible entity established
6 under subsection (g); and
7 ‘‘(ii) the Chief Information Officer, the
8 Chief Information Security Officer, or an
9 equivalent official of the eligible entity.
10 ‘‘(3) EXCEPTION.—Notwithstanding subsection
11 (e) and paragraph (1) of this subsection, the Sec-
12 retary may award a grant under this section to an
13 eligible entity that does not submit a Cybersecurity
14 Plan to the Secretary for review before September 30,
15 2023, if the eligible entity certifies to the Secretary
16 that—
17 ‘‘(A) the activities that will be supported by
18 the grant are—
19 ‘‘(i) integral to the development of the
20 Cybersecurity Plan of the eligible entity; or
21 ‘‘(ii) necessary to assist with activities
22 described in subsection (d)(4), as confirmed
23 by the Director; and
† HR 3684 EAS
2261
1 ‘‘(B) the eligible entity will submit to the
2 Secretary a Cybersecurity Plan for review under
3 this subsection by September 30, 2023.
4 ‘‘(4) RULE OF CONSTRUCTION.—Nothing in this
5 subsection shall be construed to provide authority to
6 the Secretary to—
7 ‘‘(A) regulate the manner by which an eligi-
8 ble entity or local government improves the cy-
9 bersecurity of the information systems owned or
10 operated by, or on behalf of, the eligible entity or
11 local government; or
12 ‘‘(B) condition the receipt of grants under
13 this section on—
14 ‘‘(i) participation in a particular Fed-
15 eral program; or
16 ‘‘(ii) the use of a specific product or
17 technology.
18 ‘‘(j) LIMITATIONS ON USES OF FUNDS.—
19 ‘‘(1) IN GENERAL.—Any entity that receives
20 funds from a grant under this section may not use the
21 grant—
22 ‘‘(A) to supplant State or local funds;
23 ‘‘(B) for any recipient cost-sharing con-
24 tribution;
25 ‘‘(C) to pay a ransom;
† HR 3684 EAS
2262
1 ‘‘(D) for recreational or social purposes; or
2 ‘‘(E) for any purpose that does not address
3 cybersecurity risks or cybersecurity threats on
4 information systems owned or operated by, or on
5 behalf of, the eligible entity that receives the
6 grant or a local government within the jurisdic-
7 tion of the eligible entity.
8 ‘‘(2) COMPLIANCE OVERSIGHT.—In addition to
9 any other remedy available, the Secretary may take
10 such actions as are necessary to ensure that a recipi-
11 ent of a grant under this section uses the grant for
12 the purposes for which the grant is awarded.
13 ‘‘(3) RULE OF CONSTRUCTION.—Nothing in
14 paragraph (1)(A) shall be construed to prohibit the
15 use of funds from a grant under this section awarded
16 to a State, local, or Tribal government for otherwise
17 permissible uses under this section on the basis that
18 the State, local, or Tribal government has previously
19 used State, local, or Tribal funds to support the same
20 or similar uses.
21 ‘‘(k) OPPORTUNITY TO AMEND APPLICATIONS.—In
22 considering applications for grants under this section, the
23 Secretary shall provide applicants with a reasonable oppor-
24 tunity to correct any defects in those applications before
† HR 3684 EAS
2263
1 making final awards, including by allowing applicants to
2 revise a submitted Cybersecurity Plan.
3 ‘‘(l) APPORTIONMENT.—For fiscal year 2022 and each
4 fiscal year thereafter, the Secretary shall apportion
5 amounts appropriated to carry out this section among eligi-
6 ble entities as follows:
7 ‘‘(1) BASELINE AMOUNT.—The Secretary shall
8 first apportion—
9 ‘‘(A) 0.25 percent of such amounts to each
10 of American Samoa, the Commonwealth of the
11 Northern Mariana Islands, Guam, and the
12 United States Virgin Islands;
13 ‘‘(B) 1 percent of such amounts to each of
14 the remaining States; and
15 ‘‘(C) 3 percent of such amounts to Tribal
16 governments.
17 ‘‘(2) REMAINDER.—The Secretary shall appor-
18 tion the remainder of such amounts to States as fol-
19 lows:
20 ‘‘(A) 50 percent of such remainder in the
21 ratio that the population of each State, bears to
22 the population of all States; and
23 ‘‘(B) 50 percent of such remainder in the
24 ratio that the population of each State that re-
† HR 3684 EAS
2264
1 sides in rural areas, bears to the population of
2 all States that resides in rural areas.
3 ‘‘(3) APPORTIONMENT AMONG TRIBAL GOVERN-
† HR 3684 EAS
2265
1 ‘‘(B) in the case of a grant to a multi-entity
2 group—
3 ‘‘(i) for fiscal year 2022, 100 percent;
4 ‘‘(ii) for fiscal year 2023, 90 percent;
5 ‘‘(iii) for fiscal year 2024, 80 percent;
6 and
7 ‘‘(iv) for fiscal year 2025, 70 percent.
8 ‘‘(2) WAIVER.—
9 ‘‘(A) IN GENERAL.—The Secretary may
10 waive or modify the requirements of paragraph
11 (1) if an eligible entity or multi-entity group
12 demonstrates economic hardship.
13 ‘‘(B) GUIDELINES.—The Secretary shall es-
14 tablish and publish guidelines for determining
15 what constitutes economic hardship for the pur-
16 poses of this subsection.
17 ‘‘(C) CONSIDERATIONS.—In developing
18 guidelines under subparagraph (B), the Sec-
19 retary shall consider, with respect to the jurisdic-
20 tion of an eligible entity—
21 ‘‘(i) changes in rates of unemployment
22 in the jurisdiction from previous years;
23 ‘‘(ii) changes in the percentage of indi-
24 viduals who are eligible to receive benefits
25 under the supplemental nutrition assistance
† HR 3684 EAS
2266
1 program established under the Food and
2 Nutrition Act of 2008 (7 U.S.C. 2011 et
3 seq.) from previous years; and
4 ‘‘(iii) any other factors the Secretary
5 considers appropriate.
6 ‘‘(3) WAIVER FOR TRIBAL GOVERNMENTS.—Not-
† HR 3684 EAS
2267
1 on which an eligible entity or multi-entity group
2 receives a grant under this section, the eligible
3 entity or multi-entity group shall, without im-
4 posing unreasonable or unduly burdensome re-
5 quirements as a condition of receipt, obligate or
6 otherwise make available to local governments
7 within the jurisdiction of the eligible entity or
8 the eligible entities that comprise the multi-enti-
9 ty group, consistent with the Cybersecurity Plan
10 of the eligible entity or the Cybersecurity Plans
11 of the eligible entities that comprise the multi-en-
12 tity group—
13 ‘‘(i) not less than 80 percent of funds
14 available under the grant;
15 ‘‘(ii) with the consent of the local gov-
16 ernments, items, services, capabilities, or ac-
17 tivities having a value of not less than 80
18 percent of the amount of the grant; or
19 ‘‘(iii) with the consent of the local gov-
20 ernments, grant funds combined with other
21 items, services, capabilities, or activities
22 having the total value of not less than 80
23 percent of the amount of the grant.
24 ‘‘(B) AVAILABILITY TO RURAL AREAS.—In
† HR 3684 EAS
2268
1 activities to local governments under subpara-
2 graph (A), the eligible entity or eligible entities
3 that comprise the multi-entity group shall ensure
4 that rural areas within the jurisdiction of the el-
5 igible entity or the eligible entities that comprise
6 the multi-entity group receive not less than—
7 ‘‘(i) 25 percent of the amount of the
8 grant awarded to the eligible entity;
9 ‘‘(ii) items, services, capabilities, or ac-
10 tivities having a value of not less than 25
11 percent of the amount of the grant awarded
12 to the eligible entity; or
13 ‘‘(iii) grant funds combined with other
14 items, services, capabilities, or activities
15 having the total value of not less than 25
16 percent of the grant awarded to the eligible
17 entity.
18 ‘‘(C) EXCEPTIONS.—This paragraph shall
19 not apply to—
20 ‘‘(i) any grant awarded under this sec-
21 tion that solely supports activities that are
22 integral to the development or revision of
23 the Cybersecurity Plan of the eligible entity;
24 or
† HR 3684 EAS
2269
1 ‘‘(ii) the District of Columbia, the
2 Commonwealth of Puerto Rico, American
3 Samoa, the Commonwealth of the Northern
4 Mariana Islands, Guam, the United States
5 Virgin Islands, or a Tribal government.
6 ‘‘(3) CERTIFICATIONS REGARDING DISTRIBUTION
† HR 3684 EAS
2270
1 ‘‘(5) DIRECT FUNDING.—If an eligible entity
2 does not make a distribution to a local government re-
3 quired under paragraph (2) in a timely fashion, the
4 local government may petition the Secretary to re-
5 quest the Secretary to provide funds directly to the
6 local government.
7 ‘‘(6) LIMITATION ON CONSTRUCTION.—A grant
8 awarded under this section may not be used to ac-
9 quire land or to construct, remodel, or perform alter-
10 ations of buildings or other physical facilities.
11 ‘‘(7) CONSULTATION IN ALLOCATING FUNDS.—An
† HR 3684 EAS
2271
1 ‘‘(i) in the case of an eligible entity
2 that is a State, directly to the appropriate
3 local government as a replacement grant in
4 an amount determined by the Secretary; or
5 ‘‘(ii) in the case of an eligible entity
6 that is a Tribal government, to another
7 Tribal government or Tribal governments as
8 a replacement grant in an amount deter-
9 mined by the Secretary.
10 ‘‘(o) CONSULTATION WITH STATE, LOCAL, AND TRIBAL
11 REPRESENTATIVES.—In carrying out this section, the Sec-
12 retary shall consult with State, local, and Tribal represent-
13 atives with professional experience relating to cybersecurity,
14 including representatives of associations representing State,
15 local, and Tribal governments, to inform—
16 ‘‘(1) guidance for applicants for grants under
17 this section, including guidance for Cybersecurity
18 Plans;
19 ‘‘(2) the study of risk-based formulas required
20 under subsection (q)(4);
21 ‘‘(3) the development of guidelines required
22 under subsection (m)(2)(B); and
23 ‘‘(4) any modifications described in subsection
24 (q)(2)(D).
† HR 3684 EAS
2272
1 ‘‘(p) NOTIFICATION TO CONGRESS.—Not later than 3
2 business days before the date on which the Department an-
3 nounces the award of a grant to an eligible entity under
4 this section, including an announcement to the eligible enti-
5 ty, the Secretary shall provide to the appropriate commit-
6 tees of Congress notice of the announcement.
7 ‘‘(q) REPORTS, STUDY, AND REVIEW.—
8 ‘‘(1) ANNUAL REPORTS BY GRANT RECIPIENTS.—
† HR 3684 EAS
2273
1 ering from cybersecurity threats to, infor-
2 mation systems owned or operated by, or on
3 behalf of, the eligible entity or, if the eligible
4 entity is a State, local governments within
5 the jurisdiction of the eligible entity.
6 ‘‘(B) ABSENCE OF PLAN.—Not later than 1
7 year after the date on which an eligible entity
8 that does not have a Cybersecurity Plan receives
9 funds under this section, and annually thereafter
10 until 1 year after the date on which funds from
11 the grant are expended or returned, the eligible
12 entity shall submit to the Secretary a report de-
13 scribing how the eligible entity obligated and ex-
14 pended grant funds to—
15 ‘‘(i) develop or revise a Cybersecurity
16 Plan; or
17 ‘‘(ii) assist with the activities described
18 in subsection (d)(4).
19 ‘‘(2) ANNUAL REPORTS TO CONGRESS.—Not less
20 frequently than annually, the Secretary, acting
21 through the Director, shall submit to Congress a re-
22 port on—
23 ‘‘(A) the use of grants awarded under this
24 section;
† HR 3684 EAS
2274
1 ‘‘(B) the proportion of grants used to sup-
2 port cybersecurity in rural areas;
3 ‘‘(C) the effectiveness of the State and Local
4 Cybersecurity Grant Program;
5 ‘‘(D) any necessary modifications to the
6 State and Local Cybersecurity Grant Program;
7 and
8 ‘‘(E) any progress made toward—
9 ‘‘(i) developing, implementing, or re-
10 vising Cybersecurity Plans; and
11 ‘‘(ii) reducing cybersecurity risks to,
12 and identifying, responding to, and recov-
13 ering from cybersecurity threats to, infor-
14 mation systems owned or operated by, or on
15 behalf of, State, local, or Tribal governments
16 as a result of the award of grants under this
17 section.
18 ‘‘(3) PUBLIC AVAILABILITY.—
† HR 3684 EAS
2275
1 Director may make redactions that the Director,
2 in consultation with each eligible entity, deter-
3 mines necessary to protect classified or other in-
4 formation exempt from disclosure under section
5 552 of title 5, United States Code (commonly re-
6 ferred to as the ‘Freedom of Information Act’).
7 ‘‘(4) STUDY OF RISK-BASED FORMULAS.—
† HR 3684 EAS
2276
1 ‘‘(iv) if a risk-based formula were to be
2 implemented for fiscal year 2026, a rec-
3 ommended risk-based formula for the State
4 and Local Cybersecurity Grant Program;
5 and
6 ‘‘(v) any other information that the
7 Secretary, acting through the Director, de-
8 termines necessary to help Congress under-
9 stand the progress towards, and obstacles to,
10 implementing a risk-based formula.
11 ‘‘(B) INAPPLICABILITY OF PAPERWORK RE-
† HR 3684 EAS
2277
1 ‘‘(B) includes any recommendations for ad-
2 dressing the cybersecurity needs of Tribal govern-
3 ments, including any necessary modifications to
4 the State and Local Cybersecurity Grant Pro-
5 gram to better serve Tribal governments.
6 ‘‘(6) GAO REVIEW.—Not later than 3 years after
7 the date of enactment of this section, the Comptroller
8 General of the United States shall conduct a review
9 of the State and Local Cybersecurity Grant Program,
10 including—
11 ‘‘(A) the grant selection process of the Sec-
12 retary; and
13 ‘‘(B) a sample of grants awarded under this
14 section.
15 ‘‘(r) AUTHORIZATION OF APPROPRIATIONS.—
16 ‘‘(1) IN GENERAL.—There are authorized to be
17 appropriated for activities under this section—
18 ‘‘(A) for fiscal year 2022, $200,000,000;
19 ‘‘(B) for fiscal year 2023, $400,000,000;
20 ‘‘(C) for fiscal year 2024, $300,000,000; and
21 ‘‘(D) for fiscal year 2025, $100,000,000.
22 ‘‘(2) TRANSFERS AUTHORIZED.—
† HR 3684 EAS
2278
1 Local Cybersecurity Grant Program may trans-
2 fer not more than 5 percent of the amounts ap-
3 propriated pursuant to paragraph (1) or other
4 amounts appropriated to carry out the State and
5 Local Cybersecurity Grant Program for that fis-
6 cal year to an account of the Department for sal-
7 aries, expenses, and other administrative costs
8 incurred for the management, administration, or
9 evaluation of this section.
10 ‘‘(B) ADDITIONAL APPROPRIATIONS.—Any
† HR 3684 EAS
2279
1 Law 107–296; 116 Stat. 2135), is amended by inserting
2 after the item relating to section 2217 the following:
‘‘Sec. 2218. State and Local Cybersecurity Grant Program.’’.
3 TITLE VII—PUBLIC-PRIVATE
4 PARTNERSHIPS
5 SEC. 70701. VALUE FOR MONEY ANALYSIS.
† HR 3684 EAS
2280
1 debt and equity), and major compensation
2 events;
3 (C) a discussion of the benefits and costs as-
4 sociated with the allocation of risk;
5 (D) the determination of risk premiums as-
6 signed to various project delivery scenarios;
7 (E) assumptions about use, demand, and
8 any user fee revenue generated by the project;
9 and
10 (F) any externality benefits for the public
11 generated by the project;
12 (4) a forecast of user fees and other revenues ex-
13 pected to be generated by the project, if applicable;
14 and
15 (5) any other information the Secretary of
16 Transportation determines to be appropriate.
17 (b) PROJECT DESCRIBED.—A project referred to in
18 subsection (a) is a transportation project—
19 (1) with an estimated total cost of more than
20 $750,000,000;
21 (2) carried out—
22 (A) by a public entity that is a State, terri-
23 tory, Indian Tribe, unit of local government,
24 transit agency, port authority, metropolitan
25 planning organization, airport authority, or
† HR 3684 EAS
2281
1 other political subdivision of a State or local
2 government; and
3 (B) in a State in which there is in effect a
4 State law authorizing the use and implementa-
5 tion of public-private partnerships for transpor-
6 tation projects; and
7 (3)(A) that intends to submit a letter of interest,
8 or has submitted a letter of interest after the date of
9 enactment of this Act, to be carried out with—
10 (i) assistance under the TIFIA program
11 under chapter 6 of title 23, United States Code;
12 or
13 (ii) assistance under the Railroad Rehabili-
14 tation and Improvement Financing Program of
15 the Federal Railroad Administration established
16 under chapter 224 of title 49, United States
17 Code; and
18 (B) that is anticipated to generate user fees or
19 other revenues that could support the capital and op-
20 erating costs of such project.
21 (c) REPORTING REQUIREMENTS.—
22 (1) PROJECT REPORTS.—For each project de-
23 scribed in subsection (b), the entity carrying out the
24 project shall—
† HR 3684 EAS
2282
1 (A) include the results of the analysis under
2 subsection (a) on the website of the project; and
3 (B) submit the results of the analysis to the
4 Build America Bureau and the Secretary of
5 Transportation.
6 (2) REPORT TO CONGRESS.—The Secretary of
7 Transportation, in coordination with the Build
8 America Bureau, shall, not later than 2 years after
9 the date of enactment of this Act—
10 (A) compile the analyses submitted under
11 paragraph (1)(B); and
12 (B) submit to Congress a report that—
13 (i) includes the analyses submitted
14 under paragraph (1)(B);
15 (ii) describes—
16 (I) the use of private financing for
17 projects described in subsection (b);
18 and
19 (II) the costs and benefits of con-
20 ducting a value for money analysis;
21 and
22 (iii) identifies best practices for private
23 financing of projects described in subsection
24 (b).
† HR 3684 EAS
2283
1 (d) GUIDANCE.—The Secretary of Transportation, in
2 coordination with the Build America Bureau, shall issue
3 guidance on performance benchmarks, risk premiums, and
4 expected rates of return on private financing for projects
5 described in subsection (b).
6 TITLE VIII—FEDERAL
7 PERMITTING IMPROVEMENT
8 SEC. 70801. FEDERAL PERMITTING IMPROVEMENT.
† HR 3684 EAS
2284
1 (B) by redesignating clause (iii) as clause
2 (iv); and
3 (C) by inserting after clause (ii) the fol-
4 lowing:
5 ‘‘(iii) is—
6 ‘‘(I) subject to NEPA;
7 ‘‘(II) sponsored by an Indian
8 Tribe (as defined in section 4 of the In-
9 dian Self-Determination and Edu-
10 cation Assistance Act (25 U.S.C.
11 5304)), an Alaska Native Corporation,
12 a Native Hawaiian organization (as
13 defined in section 6207 of the Elemen-
14 tary and Secondary Education Act of
15 1965 (20 U.S.C. 7517)), the Depart-
16 ment of Hawaiian Home Lands, or the
17 Office of Hawaiian Affairs; and
18 ‘‘(III) located on land owned or
19 under the jurisdiction of the entity that
20 sponsors the activity under subclause
21 (II); or’’; and
22 (5) in paragraph (8), by striking ‘‘means’’ and
23 all that follows through the period at the end and in-
24 serting ‘‘has the meaning given the term in section
† HR 3684 EAS
2285
1 1508.1 of title 40, Code of Federal Regulations (or
2 successor regulations).’’.
3 (b) FEDERAL PERMITTING IMPROVEMENT STEERING
4 COUNCIL.—Section 41002 of the FAST Act (42 U.S.C.
5 4370m–1) is amended—
6 (1) in the section heading, by striking ‘‘FED-
7 ERAL PERMITTING IMPROVEMENT COUNCIL’’
† HR 3684 EAS
2286
1 (B) in clause (iii)(II), by striking ‘‘a dep-
2 uty secretary (or the equivalent) or higher’’ and
3 inserting ‘‘the applicable agency
4 councilmember’’;
5 (3) in subsection (c)—
6 (A) in paragraph (1)(C)(ii)—
7 (i) by striking subclause (I) and insert-
8 ing the following:
9 ‘‘(I) IN GENERAL.—The perform-
10 ance schedules shall reflect employment
11 of the most sound and efficient appli-
12 cable processes, including the align-
13 ment of Federal reviews of projects, re-
14 duction of permitting and project de-
15 livery time, and consideration of the
16 best practices for public participa-
17 tion.’’;
18 (ii) by redesignating subclause (II) as
19 subclause (III);
20 (iii) by inserting after subclause (I) the
21 following:
22 ‘‘(II) GOAL.—
23 ‘‘(aa) IN GENERAL.—To the
24 maximum extent practicable, and
25 consistent with applicable Federal
† HR 3684 EAS
2287
1 law, the Executive Director, in
2 consultation with the Council,
3 shall aim to develop recommended
4 performance schedules under
5 clause (i) of not more than 2
6 years.
7 ‘‘(bb) EXCEPTION.—If a rec-
8 ommended performance schedule
9 developed under clause (i) exceeds
10 2 years, the relevant agencies, in
11 consultation with the Executive
12 Director and the Council, shall ex-
13 plain in that recommended per-
14 formance schedule the factors that
15 cause the environmental reviews
16 and authorizations in that cat-
17 egory of covered projects to take
18 longer than 2 years.’’; and
19 (iv) in subclause (III)(bb) (as so redes-
20 ignated), by striking ‘‘on the basis of data
21 from the preceding 2 calendar years’’ and
22 inserting ‘‘based on relevant historical data,
23 as determined by the Executive Director,’’;
24 (B) in paragraph (2)(B)—
† HR 3684 EAS
2288
1 (i) in the matter preceding clause (i),
2 by striking ‘‘later than’’ and all that follows
3 through ‘‘practices for’’ and inserting ‘‘less
4 frequently than annually, the Council shall
5 issue recommendations on the best practices
6 for improving the Federal permitting proc-
7 ess for covered projects, which may in-
8 clude’’;
9 (ii) in clause (i)—
10 (I) by striking ‘‘stakeholder en-
11 gagement, including fully considering’’
12 and inserting ‘‘stakeholder engagement,
13 including—
14 ‘‘(II) fully considering’’; and
15 (II) by inserting before subclause
16 (II) (as added by subclause (I)) the fol-
17 lowing:
18 ‘‘(I) engaging with Native Amer-
19 ican stakeholders to ensure that project
20 sponsors and agencies identify poten-
21 tial natural, archeological, and cul-
22 tural resources and locations of historic
23 and religious significance in the area
24 of a covered project; and’’;
† HR 3684 EAS
2289
1 (iii) in clause (vii), by striking ‘‘and’’
2 at the end;
3 (iv) by redesignating clause (viii) as
4 clause (x); and
5 (v) by inserting after clause (vii) the
6 following:
7 ‘‘(viii) in coordination with the Execu-
8 tive Director, improving preliminary en-
9 gagement with project sponsors in devel-
10 oping coordinated project plans;
11 ‘‘(ix) using programmatic assessments,
12 templates, and other tools based on the best
13 available science and data; and’’; and
14 (C) in paragraph (3)(A), by inserting ‘‘, in-
15 cluding agency compliance with intermediate
16 and final completion dates described in coordi-
17 nated project plans’’ after ‘‘authorizations’’; and
18 (4) by striking subsection (d).
19 (c) PERMITTING PROCESS IMPROVEMENT.—Section
20 41003 of the FAST Act (42 U.S.C. 4370m–2) is amended—
21 (1) in subsection (a)—
22 (A) in paragraph (1), by adding at the end
23 the following:
24 ‘‘(D) CONFIDENTIALITY.—Any information
25 relating to Native American natural, cultural,
† HR 3684 EAS
2290
1 and historical resources submitted in a notice by
2 a project sponsor under subparagraph (A) shall
3 be—
4 ‘‘(i) kept confidential; and
5 ‘‘(ii) exempt from the disclosure re-
6 quirements under section 552 of title 5,
7 United States Code (commonly known as
8 the ‘Freedom of Information Act’), and the
9 Federal Advisory Committee Act (5 U.S.C.
10 App.).’’;
11 (B) in paragraph (2)—
12 (i) in subparagraph (A), in the matter
13 preceding clause (i), by striking ‘‘45 days’’
14 and inserting ‘‘21 calendar days’’; and
15 (ii) in subparagraph (B), by inserting
16 ‘‘14 calendar day’’ before ‘‘deadline’’; and
17 (C) in paragraph (3)(A), in the matter pre-
18 ceding clause (i), by inserting ‘‘and the Execu-
19 tive Director’’ after ‘‘as applicable,’’;
20 (2) in subsection (b)—
21 (A) in paragraph (2)(A), by adding at the
22 end the following:
23 ‘‘(iii) PROJECTS OTHER THAN COV-
24 ERED PROJECTS.—
† HR 3684 EAS
2291
1 ‘‘(I) IN GENERAL.—The Executive
2 Director may direct a lead agency to
3 create a specific entry on the Dash-
4 board for a project that is not a cov-
5 ered project and is under review by the
6 lead agency if the Executive Director
7 determines that a Dashboard entry for
8 that project is in the interest of trans-
9 parency.
10 ‘‘(II) REQUIREMENTS.—Not later
11 than 14 days after the date on which
12 the Executive Director directs the lead
13 agency to create a specific entry on the
14 Dashboard for a project described in
15 subclause (I), the lead agency shall cre-
16 ate and maintain a specific entry on
17 the Dashboard for the project that con-
18 tains—
19 ‘‘(aa) a comprehensive per-
20 mitting timetable, as described in
21 subsection (c)(2)(A);
22 ‘‘(bb) the status of the com-
23 pliance of each lead agency, co-
24 operating agency, and partici-
25 pating agency with the permitting
† HR 3684 EAS
2292
1 timetable required under item
2 (aa);
3 ‘‘(cc) any modifications of
4 the permitting timetable required
5 under item (aa), including an ex-
6 planation as to why the permit-
7 ting timetable was modified; and
8 ‘‘(dd) information about
9 project-related public meetings,
10 public hearings, and public com-
11 ment periods, which shall be pre-
12 sented in English and the pre-
13 dominant language of the commu-
14 nity or communities most affected
15 by the project, as that information
16 becomes available.’’; and
17 (B) in paragraph (3)(A)—
18 (i) in clause (i)—
19 (I) in subclause (IV), by striking
20 ‘‘and’’ at the end;
21 (II) by redesignating subclause
22 (V) as subclause (VI);
23 (III) by inserting after subclause
24 (IV) the following:
† HR 3684 EAS
2293
1 ‘‘(V) information on the status of
2 mitigation measures that were agreed
3 to as part of the environmental review
4 and permitting process, including
5 whether and when the mitigation
6 measures have been fully implemented;
7 and’’; and
8 (IV) in subclause (VI) (as so re-
9 designated), by striking ‘‘and’’ at the
10 end;
11 (ii) in clause (ii), by striking the pe-
12 riod at the end and inserting ‘‘; and’’; and
13 (iii) by adding at the end the fol-
14 lowing:
15 ‘‘(iii) information about project-related
16 public meetings, public hearings, and public
17 comment periods, which shall be presented
18 in English and the predominant language
19 of the community or communities most af-
20 fected by the project, as that information be-
21 comes available.’’; and
22 (3) in subsection (c)(2)—
23 (A) in subparagraph (A), strike ‘‘coordina-
24 tion’’ and insert ‘‘coordinated’’;
25 (B) in subparagraph (D)(i)—
† HR 3684 EAS
2294
1 (i) by redesignating subclauses (I)
2 through (III) as subclauses (II) through
3 (IV), respectively;
4 (ii) by inserting before subclause (II)
5 (as so redesignated) the following:
6 ‘‘(I) the facilitating or lead agen-
7 cy, as applicable, consults with the Ex-
8 ecutive Director regarding the poten-
9 tial modification not less than 15 days
10 before engaging in the consultation
11 under subclause (II);’’; and
12 (iii) in subclause (II) (as so redesig-
13 nated), by inserting ‘‘, the Executive Direc-
14 tor,’’ after ‘‘participating agencies’’; and
15 (C) in subparagraph (F)—
16 (i) in clause (i)—
17 (I) by inserting ‘‘intermediate
18 and final’’ before ‘‘completion dates’’;
19 and
20 (II) by inserting ‘‘intermediate or
21 final’’ before ‘‘completion date’’; and
22 (ii) in clause (ii)—
23 (I) in the matter preceding sub-
24 clause (I), by striking ‘‘a completion
25 date for agency action on a covered
† HR 3684 EAS
2295
1 project or is at significant risk of fail-
2 ing to conform with’’ and inserting
3 ‘‘an intermediate or final completion
4 date for agency action on a covered
5 project or reasonably believes the agen-
6 cy will fail to conform with a comple-
7 tion date 30 days before’’; and
8 (II) in subclause (I), by striking
9 ‘‘significantly risking failing to con-
10 form’’ and inserting ‘‘reasonably be-
11 lieving the agency will fail to con-
12 form’’.
13 (d) COORDINATION OF REQUIRED REVIEWS.—Section
14 41005 of the FAST Act (42 U.S.C. 4370m–4) is amended—
15 (1) in subsection (a)—
16 (A) in paragraph (1), by striking ‘‘and’’ at
17 the end;
18 (B) in paragraph (2), by striking the period
19 at the end and inserting ‘‘; and’’; and
20 (C) by adding at the end the following:
21 ‘‘(3) where an environmental impact statement
22 is required for a project, prepare a single, joint inter-
23 agency environmental impact statement for the
24 project unless the lead agency provides justification in
25 the coordinated project plan that multiple environ-
† HR 3684 EAS
2296
1 mental documents are more efficient for project review
2 and authorization.’’;
3 (2) in subsection (b)—
4 (A) by striking ‘‘(1) STATE ENVIRON-
6 MENTS.—’’;
† HR 3684 EAS
2297
1 that are of equal or greater rigor to
2 each applicable Federal law and proce-
3 dure, and’’ after ‘‘Council on Environ-
4 mental Quality,’’;
5 (D) in paragraph (2) (as so redesignated),
6 by striking ‘‘subparagraph (A)’’ each place it ap-
7 pears and inserting ‘‘paragraph (1)’’;
8 (E) in paragraph (3) (as so redesignated)—
9 (i) in the matter preceding clause (i),
10 by striking ‘‘subparagraph (A)’’ and insert-
11 ing ‘‘paragraph (1)’’; and
12 (ii) by redesignating clauses (i) and
13 (ii) as subparagraphs (A) and (B), respec-
14 tively, and indenting appropriately;
15 (F) in paragraph (4) (as so redesignated)—
16 (i) in the matter preceding clause (i),
17 by striking ‘‘subparagraph (C)’’ and insert-
18 ing ‘‘paragraph (3)’’; and
19 (ii) by redesignating clauses (i) and
20 (ii) as subparagraphs (A) and (B), respec-
21 tively, and indenting appropriately; and
22 (G) in paragraph (5) (as so redesignated)—
23 (i) by striking ‘‘subparagraph (A)’’
24 and inserting ‘‘paragraph (1)’’; and
† HR 3684 EAS
2298
1 (ii) by striking ‘‘subparagraph (C)’’
2 and inserting ‘‘paragraph (3)’’;
3 (3) in subsection (c)(4)—
4 (A) in the matter preceding subparagraph
5 (A), by striking ‘‘determines that the develop-
6 ment of the higher level of detail will not pre-
7 vent—’’ and inserting ‘‘determines that—’’;
8 (B) in subparagraph (A), by inserting ‘‘the
9 development of the higher level of detail will not
10 prevent’’ before ‘‘the lead agency’’; and
11 (C) by striking subparagraph (B) and in-
12 serting the following:
13 ‘‘(B) the preferred and other alternatives
14 are developed in sufficient detail to enable the
15 public to comment on the alternatives.’’;
16 (4) by redesignating subsection (f) as subsection
17 (g); and
18 (5) by inserting after subsection (e) the following:
19 ‘‘(f) RECORD OF DECISION.—When an environmental
20 impact statement is prepared, Federal agencies must, to the
21 maximum extent practicable, issue a record of decision not
22 later than 90 days after the date on which the final environ-
23 mental impact statement is issued.’’.
† HR 3684 EAS
2299
1 (e) LITIGATION, JUDICIAL REVIEW, AND SAVINGS PRO-
2 VISION.—Section 41007 of the FAST Act (42 U.S.C.
3 4370m–6) is amended—
4 (1) in subsection (a)(1)—
5 (A) in subparagraph (A)—
6 (i) by striking ‘‘the action’’ and insert-
7 ing ‘‘the claim’’; and
8 (ii) by striking ‘‘of the final record of
9 decision or approval or denial of a permit’’
10 and inserting ‘‘of notice of final agency ac-
11 tion on the authorization’’; and
12 (B) in subparagraph (B)(i), by striking
13 ‘‘the action’’ and inserting ‘‘the claim’’; and
14 (2) in subsection (e), in the matter preceding
15 paragraph (1), by striking ‘‘this section’’ and insert-
16 ing ‘‘this title’’.
17 (f) REPORTS.—Section 41008 of the FAST Act (42
18 U.S.C. 4370m–7) is amended by striking subsection (a) and
19 inserting the following:
20 ‘‘(a) REPORTS TO CONGRESS.—
21 ‘‘(1) EXECUTIVE DIRECTOR ANNUAL REPORT.—
† HR 3684 EAS
2300
1 mit to Congress a report detailing the progress
2 accomplished under this title during the previous
3 fiscal year.
4 ‘‘(B) OPPORTUNITY TO INCLUDE COM-
† HR 3684 EAS
2301
1 (g) FUNDING FOR GOVERNANCE, OVERSIGHT, AND
† HR 3684 EAS
2302
1 istering, implementing, and enforcing this title, in-
2 cluding the expenses of the Council, staffing of the Of-
3 fice of the Executive Director, and support of the role
4 of the Council as a Federal center for permitting ex-
5 cellence, which may include supporting interagency
6 detailee and rotation opportunities, advanced train-
7 ing, enhanced support for agency project managers,
8 and fora for sharing information and lessons learned.
9 ‘‘(3) TRANSFER.—For the purpose of carrying
10 out this title, the Executive Director, with the ap-
11 proval of the Director of the Office of Management
12 and Budget, may transfer amounts in the Fund to
13 other Federal agencies and State, Tribal, and local
14 governments to facilitate timely and efficient environ-
15 mental reviews and authorizations for covered projects
16 and other projects under this title, including direct
17 reimbursement agreements with agency CERPOs, re-
18 imbursable agreements, and approval and consulta-
19 tion processes and staff for covered projects.’’.
20 (h) SUNSET.—Section 41013 of the FAST Act (42
21 U.S.C. 4370m–12) is repealed.
22 (i) TECHNICAL CORRECTION.—Section
23 41002(b)(2)(A)(ii) of the FAST Act (42 U.S.C. 4370m–
24 1(b)(2)(A)(ii)) is amended by striking ‘‘councilmem-ber’’
25 and inserting ‘‘councilmember’’.
† HR 3684 EAS
2303
1 (j) CLERICAL AMENDMENT.—The table of contents in
2 section 1(b) of the FAST Act (Public Law 114–94; 129 Stat.
3 1319) is amended by striking the item relating to section
4 41002 and inserting the following:
‘‘Sec. 41002. Federal Permitting Improvement Steering Council.’’.
13 REQUIREMENTS
† HR 3684 EAS
2305
1 (7) by incentivizing domestic manufacturing, do-
2 mestic content procurement preferences reinvest tax
3 dollars in companies and processes using the highest
4 labor and environmental standards in the world;
5 (8) strong domestic content procurement pref-
6 erence policies act to prevent shifts in production to
7 countries that rely on production practices that are
8 significantly less energy efficient and far more pol-
9 luting than those in the United States;
10 (9) for over 75 years, Buy America and other do-
11 mestic content procurement preference laws have been
12 part of the United States procurement policy, ensur-
13 ing that the United States can build and rebuild the
14 infrastructure of the United States with high-quality
15 American-made materials;
16 (10) before the date of enactment of this Act, a
17 domestic content procurement preference requirement
18 may not apply, may apply only to a narrow scope
19 of products and materials, or may be limited by
20 waiver with respect to many infrastructure programs,
21 which necessitates a review of such programs, includ-
22 ing programs for roads, highways, and bridges, public
23 transportation, dams, ports, harbors, and other mari-
24 time facilities, intercity passenger and freight rail-
25 roads, freight and intermodal facilities, airports,
† HR 3684 EAS
2306
1 water systems, including drinking water and waste-
2 water systems, electrical transmission facilities and
3 systems, utilities, broadband infrastructure, and
4 buildings and real property;
5 (11) Buy America laws create demand for do-
6 mestically produced goods, helping to sustain and
7 grow domestic manufacturing and the millions of jobs
8 domestic manufacturing supports throughout product
9 supply chains;
10 (12) as of the date of enactment of this Act, do-
11 mestic content procurement preference policies apply
12 to all Federal Government procurement and to var-
13 ious Federal-aid infrastructure programs;
14 (13) a robust domestic manufacturing sector is a
15 vital component of the national security of the United
16 States;
17 (14) as more manufacturing operations of the
18 United States have moved offshore, the strength and
19 readiness of the defense industrial base of the United
20 States has been diminished; and
21 (15) domestic content procurement preference
22 laws—
23 (A) are fully consistent with the inter-
24 national obligations of the United States; and
† HR 3684 EAS
2307
1 (B) together with the government procure-
2 ments to which the laws apply, are important le-
3 vers for ensuring that United States manufactur-
4 ers can access the government procurement mar-
5 kets of the trading partners of the United States.
6 SEC. 70912. DEFINITIONS.
7 In this part:
8 (1) DEFICIENT PROGRAM.—The term ‘‘deficient
9 program’’ means a program identified by the head of
10 a Federal agency under section 70913(c).
11 (2) DOMESTIC CONTENT PROCUREMENT PREF-
† HR 3684 EAS
2308
1 United States Code), other than an independent regu-
2 latory agency (as defined in that section).
3 (4) FEDERAL FINANCIAL ASSISTANCE.—
† HR 3684 EAS
2309
1 (C) dams, ports, harbors, and other mari-
2 time facilities;
3 (D) intercity passenger and freight rail-
4 roads;
5 (E) freight and intermodal facilities;
6 (F) airports;
7 (G) water systems, including drinking
8 water and wastewater systems;
9 (H) electrical transmission facilities and
10 systems;
11 (I) utilities;
12 (J) broadband infrastructure; and
13 (K) buildings and real property.
14 (6) PRODUCED IN THE UNITED STATES.—The
† HR 3684 EAS
2310
1 duced, or manufactured in the United
2 States is greater than 55 percent of the total
3 cost of all components of the manufactured
4 product, unless another standard for deter-
5 mining the minimum amount of domestic
6 content of the manufactured product has
7 been established under applicable law or
8 regulation; and
9 (C) in the case of construction materials,
10 that all manufacturing processes for the con-
11 struction material occurred in the United States.
12 (7) PROJECT.—The term ‘‘project’’ means the
13 construction, alteration, maintenance, or repair of in-
14 frastructure in the United States.
15 SEC. 70913. IDENTIFICATION OF DEFICIENT PROGRAMS.
† HR 3684 EAS
2311
1 (2) publish in the Federal Register the report
2 under paragraph (1).
3 (b) REQUIREMENTS.—In the report under subsection
4 (a), the head of each Federal agency shall, for each Federal
5 financial assistance program—
6 (1) identify all domestic content procurement
7 preferences applicable to the Federal financial assist-
8 ance;
9 (2) assess the applicability of the domestic con-
10 tent procurement preference requirements, includ-
11 ing—
12 (A) section 313 of title 23, United States
13 Code;
14 (B) section 5323(j) of title 49, United States
15 Code;
16 (C) section 22905(a) of title 49, United
17 States Code;
18 (D) section 50101 of title 49, United States
19 Code;
20 (E) section 603 of the Federal Water Pollu-
21 tion Control Act (33 U.S.C. 1388);
22 (F) section 1452(a)(4) of the Safe Drinking
23 Water Act (42 U.S.C. 300j–12(a)(4));
† HR 3684 EAS
2312
1 (G) section 5035 of the Water Infrastructure
2 Finance and Innovation Act of 2014 (33 U.S.C.
3 3914);
4 (H) any domestic content procurement pref-
5 erence included in an appropriations Act; and
6 (I) any other domestic content procurement
7 preference in Federal law (including regula-
8 tions);
9 (3) provide details on any applicable domestic
10 content procurement preference requirement, includ-
11 ing the purpose, scope, applicability, and any excep-
12 tions and waivers issued under the requirement; and
13 (4) include a description of the type of infra-
14 structure projects that receive funding under the pro-
15 gram, including information relating to—
16 (A) the number of entities that are partici-
17 pating in the program;
18 (B) the amount of Federal funds that are
19 made available for the program for each fiscal
20 year; and
21 (C) any other information the head of the
22 Federal agency determines to be relevant.
23 (c) LIST OF DEFICIENT PROGRAMS.—In the report
24 under subsection (a), the head of each Federal agency shall
25 include a list of Federal financial assistance programs for
† HR 3684 EAS
2313
1 infrastructure identified under that subsection for which a
2 domestic content procurement preference requirement—
3 (1) does not apply in a manner consistent with
4 section 70914; or
5 (2) is subject to a waiver of general applicability
6 not limited to the use of specific products for use in
7 a specific project.
8 SEC. 70914. APPLICATION OF BUY AMERICA PREFERENCE.
† HR 3684 EAS
2314
1 United States in sufficient and reasonably available
2 quantities or of a satisfactory quality; or
3 (3) the inclusion of iron, steel, manufactured
4 products, or construction materials produced in the
5 United States will increase the cost of the overall
6 project by more than 25 percent.
7 (c) WRITTEN JUSTIFICATION.—Before issuing a waiv-
8 er under subsection (b), the head of the Federal agency
9 shall—
10 (1) make publicly available in an easily acces-
11 sible location on a website designated by the Office of
12 Management and Budget and on the website of the
13 Federal agency a detailed written explanation for the
14 proposed determination to issue the waiver; and
15 (2) provide a period of not less than 15 days for
16 public comment on the proposed waiver.
17 (d) REVIEW OF WAIVERS OF GENERAL APPLICA-
18 BILITY.—
† HR 3684 EAS
2315
1 (A) publish in the Federal Register a notice
2 that—
3 (i) describes the justification for a gen-
4 eral applicability waiver; and
5 (ii) requests public comments for a pe-
6 riod of not less than 30 days on the contin-
7 ued need for a general applicability waiver;
8 and
9 (B) publish in the Federal Register a deter-
10 mination on whether to continue or discontinue
11 the general applicability waiver, taking into ac-
12 count the comments received in response to the
13 notice published under subparagraph (A).
14 (3) LIMITATION ON THE REVIEW OF EXISTING
† HR 3684 EAS
2316
1 SEC. 70915. OMB GUIDANCE AND STANDARDS.
11 QUIREMENTS.
† HR 3684 EAS
2318
1 (2) SECRETARY.—The term ‘‘Secretary’’ means
2 the Secretary of Transportation.
3 (b) TECHNICAL ASSISTANCE PARTNERSHIP.—Not later
4 than 90 days after the date of the enactment of this Act,
5 the Secretary shall enter into a technical assistance part-
6 nership with the Secretary of Commerce, acting through the
7 Director of the National Institute of Standards and Tech-
8 nology—
9 (1) to ensure the development of a domestic sup-
10 ply base to support intermodal transportation in the
11 United States, such as intercity high speed rail trans-
12 portation, public transportation systems, highway
13 construction or reconstruction, airport improvement
14 projects, and other infrastructure projects under the
15 jurisdiction of the Secretary;
16 (2) to ensure compliance with Buy America laws
17 that apply to a project that receives assistance from
18 the Federal Highway Administration, the Federal
19 Transit Administration, the Federal Railroad Ad-
20 ministration, the Federal Aviation Administration, or
21 another office or modal administration of the Sec-
22 retary of Transportation;
23 (3) to encourage technologies developed with the
24 support of and resources from the Secretary to be
† HR 3684 EAS
2319
1 transitioned into commercial market and applica-
2 tions; and
3 (4) to establish procedures for consultation under
4 subsection (c).
5 (c) CONSULTATION.—Before granting a written waiver
6 under a Buy America law, the Secretary shall consult with
7 the Director of the Hollings Manufacturing Extension Part-
8 nership regarding whether there is a domestic entity that
9 could provide the iron, steel, manufactured product, or con-
10 struction material that is the subject of the proposed waiver.
11 (d) ANNUAL REPORT.—Not later than 1 year after the
12 date of enactment of this Act, and annually thereafter, the
13 Secretary shall submit to the Committee on Commerce,
14 Science, and Transportation, the Committee on Banking,
15 Housing, and Urban Affairs, the Committee on Environ-
16 ment and Public Works, and the Committee on Homeland
17 Security and Governmental Affairs of the Senate and the
18 Committee on Transportation and Infrastructure and the
19 Committee on Oversight and Reform of the House of Rep-
20 resentatives a report that includes—
21 (1) a detailed description of the consultation pro-
22 cedures developed under subsection (b)(4);
23 (2) a detailed description of each waiver re-
24 quested under a Buy America law in the preceding
† HR 3684 EAS
2320
1 year that was subject to consultation under subsection
2 (c), and the results of the consultation;
3 (3) a detailed description of each waiver granted
4 under a Buy America law in the preceding year, in-
5 cluding the type of waiver and the reasoning for
6 granting the waiver; and
7 (4) an update on challenges and gaps in the do-
8 mestic supply base identified in carrying out sub-
9 section (b)(1), including a list of actions and policy
10 changes the Secretary recommends be taken to address
11 those challenges and gaps.
12 SEC. 70917. APPLICATION.
† HR 3684 EAS
2321
1 such as stone, sand, or gravel, or aggregate binding
2 agents or additives; and
3 (2) the standards developed under section
4 70915(b)(1) shall not include cement and cementi-
5 tious materials, aggregates such as stone, sand, or
6 gravel, or aggregate binding agents or additives as in-
7 puts of the construction material.
8 PART II—MAKE IT IN AMERICA
10 ACT.
† HR 3684 EAS
2322
1 materials, or supplies mined, produced, or manufac-
2 tured in the United States is inconsistent with the
3 public interest.
4 (2) Guidelines to ensure Federal agencies base
5 determinations of non-availability on appropriate
6 considerations, including anticipated project delays
7 and lack of substitutable articles, materials, and sup-
8 plies mined, produced, or manufactured in the United
9 States, when making determinations of non-avail-
10 ability under section 8302(a)(1) of title 41, United
11 States Code.
12 (3)(A) Uniform procedures for each Federal
13 agency to make publicly available, in an easily iden-
14 tifiable location on the website of the agency, and
15 within the following time periods, the following infor-
16 mation:
17 (i) A written description of the cir-
18 cumstances in which the head of the agency may
19 waive the requirements of the Buy American Act.
20 (ii) Each waiver made by the head of the
21 agency within 30 days after making such waiv-
22 er, including a justification with sufficient detail
23 to explain the basis for the waiver.
24 (B) The procedures established under this para-
25 graph shall ensure that the head of an agency, in con-
† HR 3684 EAS
2323
1 sultation with the head of the Made in America Office
2 established under section 70923(a), may limit the
3 publication of classified information, trade secrets, or
4 other information that could damage the United
5 States.
6 (4) Guidelines for Federal agencies to ensure that
7 a project is not disaggregated for purposes of avoiding
8 the applicability of the requirements under the Buy
9 American Act.
10 (5) An increase to the price preferences for do-
11 mestic end products and domestic construction mate-
12 rials.
13 (6) Amending the definitions of ‘‘domestic end
14 product’’ and ‘‘domestic construction material’’ to en-
15 sure that iron and steel products are, to the greatest
16 extent possible, made with domestic components.
17 (b) GUIDELINES RELATING TO WAIVERS.—
18 (1) INCONSISTENCY WITH PUBLIC INTEREST.—
† HR 3684 EAS
2324
1 among entities that manufacture the arti-
2 cles, materials, or supplies; or
3 (ii) result in awarding a contract that
4 would decrease domestic employment.
5 (B) COVERED EMPLOYMENT.—For purposes
6 of subparagraph (A), employment refers to posi-
7 tions directly involved in the manufacture of ar-
8 ticles, materials, or supplies, and does not in-
9 clude positions related to management, research
10 and development, or engineering and design.
11 (2) ASSESSMENT ON USE OF DUMPED OR SUB-
† HR 3684 EAS
2325
1 Administration in making the assessment if the
2 agency considers such consultation to be helpful.
3 (C) USE OF FINDINGS.—The Federal agency
4 conducting the assessment under subparagraph
5 (A) shall integrate any findings from the assess-
6 ment into its waiver determination.
7 (c) SENSE OF CONGRESS ON INCREASING DOMESTIC
8 CONTENT REQUIREMENTS.—It is the sense of Congress that
9 the Federal Acquisition Regulatory Council should amend
10 the Federal Acquisition Regulation to increase the domestic
11 content requirements for domestic end products and domes-
12 tic construction material to 75 percent, or, in the event of
13 no qualifying offers, 60 percent.
14 (d) DEFINITION OF END PRODUCT MANUFACTURED IN
23 ACT.
† HR 3684 EAS
2326
1 41, United States Code, is amended by adding at the end
2 the following new subsection:
3 ‘‘(c) SPECIAL RULES.—The following rules apply in
4 carrying out the provisions of subsection (a):
5 ‘‘(1) IRON AND STEEL MANUFACTURED IN THE
† HR 3684 EAS
2327
1 (2) by inserting after subsection (b) the following
2 new subsection:
3 ‘‘(c) SPECIAL RULES.—
4 ‘‘(1) PRODUCTION OF IRON AND STEEL.—For
† HR 3684 EAS
2328
1 America, Buy America Act is enacted, and annually
2 thereafter for 4 years, the Director of the Office of
3 Management and Budget, in consultation with the
4 Administrator of General Services, shall submit to the
5 Committee on Homeland Security and Governmental
6 Affairs of the Senate and the Committee on Oversight
7 and Reform of the House of Representatives a report
8 on the total amount of acquisitions made by Federal
9 agencies in the relevant fiscal year of articles, mate-
10 rials, or supplies acquired from entities that mine,
11 produce, or manufacture the articles, materials, or
12 supplies outside the United States.
13 ‘‘(2) EXCEPTION FOR INTELLIGENCE COMMU-
† HR 3684 EAS
2329
1 (e) CONFORMING AMENDMENTS.—Title 41, United
2 States Code, is amended—
3 (1) in section 8302(a)—
4 (A) in paragraph (1)—
5 (i) by striking ‘‘department or inde-
6 pendent establishment’’ and inserting ‘‘Fed-
7 eral agency’’; and
8 (ii) by striking ‘‘their acquisition to be
9 inconsistent with the public interest or their
10 cost to be unreasonable’’ and inserting
11 ‘‘their acquisition to be inconsistent with
12 the public interest, their cost to be unrea-
13 sonable, or that the articles, materials, or
14 supplies of the class or kind to be used, or
15 the articles, materials, or supplies from
16 which they are manufactured, are not
17 mined, produced, or manufactured in the
18 United States in sufficient and reasonably
19 available commercial quantities and of a
20 satisfactory quality’’; and
21 (B) in paragraph (2), by amending sub-
22 paragraph (B) to read as follows:
23 ‘‘(B) to any articles, materials, or supplies
24 procured pursuant to a reciprocal defense pro-
25 curement memorandum of understanding (as de-
† HR 3684 EAS
2330
1 scribed in section 8304 of this title), or a trade
2 agreement or least developed country designation
3 described in subpart 25.400 of the Federal Acqui-
4 sition Regulation; and’’; and
5 (2) in section 8303—
6 (A) in subsection (b)—
7 (i) by striking ‘‘department or inde-
8 pendent establishment’’ each place it ap-
9 pears and inserting ‘‘Federal agency’’;
10 (ii) by amending subparagraph (B) of
11 paragraph (1) to read as follows:
12 ‘‘(B) to any articles, materials, or supplies
13 procured pursuant to a reciprocal defense pro-
14 curement memorandum of understanding (as de-
15 scribed in section 8304), or a trade agreement or
16 least developed country designation described in
17 subpart 25.400 of the Federal Acquisition Regu-
18 lation; and’’; and
19 (iii) in paragraph (3)—
20 (I) in the heading, by striking
21 ‘‘INCONSISTENT WITH PUBLIC INTER-
23 ITY’’; and
24 (II) by striking ‘‘their purchase to
25 be inconsistent with the public interest
† HR 3684 EAS
2331
1 or their cost to be unreasonable’’ and
2 inserting ‘‘their acquisition to be in-
3 consistent with the public interest,
4 their cost to be unreasonable, or that
5 the articles, materials, or supplies of
6 the class or kind to be used, or the arti-
7 cles, materials, or supplies from which
8 they are manufactured, are not mined,
9 produced, or manufactured in the
10 United States in sufficient and reason-
11 ably available commercial quantities
12 and of a satisfactory quality’’; and
13 (B) in subsection (d), as redesignated by
14 subsection (b)(1) of this section, by striking ‘‘de-
15 partment, bureau, agency, or independent estab-
16 lishment’’ each place it appears and inserting
17 ‘‘Federal agency’’.
18 (f) EXCLUSION FROM INFLATION ADJUSTMENT OF AC -
19 QUISITION-RELATED DOLLAR THRESHOLDS.—Subpara-
20 graph (A) of section 1908(b)(2) of title 41, United States
21 Code, is amended by striking ‘‘chapter 67’’ and inserting
22 ‘‘chapters 67 and 83’’.
23 SEC. 70923. MADE IN AMERICA OFFICE.
† HR 3684 EAS
2332
1 of Management and Budget an office to be known as the
2 ‘‘Made in America Office’’. The head of the office shall be
3 appointed by the Director of the Office of Management and
4 Budget (in this section referred to as the ‘‘Made in America
5 Director’’).
6 (b) DUTIES.—The Made in America Director shall
7 have the following duties:
8 (1) Maximize and enforce compliance with do-
9 mestic preference statutes.
10 (2) Develop and implement procedures to review
11 waiver requests or inapplicability requests related to
12 domestic preference statutes.
13 (3) Prepare the reports required under sub-
14 sections (c) and (e).
15 (4) Ensure that Federal contracting personnel,
16 financial assistance personnel, and non-Federal re-
17 cipients are regularly trained on obligations under
18 the Buy American Act and other agency-specific do-
19 mestic preference statutes.
20 (5) Conduct the review of reciprocal defense
21 agreements required under subsection (d).
22 (6) Ensure that Federal agencies, Federal finan-
23 cial assistance recipients, and the Hollings Manufac-
24 turing Extension Partnership partner with each other
† HR 3684 EAS
2333
1 to promote compliance with domestic preference stat-
2 utes.
3 (7) Support executive branch efforts to develop
4 and sustain a domestic supply base to meet Federal
5 procurement requirements.
6 (c) OFFICE OF MANAGEMENT AND BUDGET REPORT.—
7 Not later than 1 year after the date of the enactment of
8 this Act, the Director of the Office of Management and
9 Budget, working through the Made in America Director,
10 shall report to the relevant congressional committees on the
11 extent to which, in each of the three fiscal years prior to
12 the date of enactment of this Act, articles, materials, or sup-
13 plies acquired by the Federal Government were mined, pro-
14 duced, or manufactured outside the United States. Such re-
15 port shall include for each Federal agency the following:
16 (1) A summary of total procurement funds ex-
17 pended on articles, materials, and supplies mined,
18 produced, or manufactured—
19 (A) inside the United States;
20 (B) outside the United States; and
21 (C) outside the United States—
22 (i) under each category of waiver
23 under the Buy American Act;
24 (ii) under each category of exception
25 under such chapter; and
† HR 3684 EAS
2334
1 (iii) for each country that mined, pro-
2 duced, or manufactured such articles, mate-
3 rials, and supplies.
4 (2) For each fiscal year covered by the report—
5 (A) the dollar value of any articles, mate-
6 rials, or supplies that were mined, produced, or
7 manufactured outside the United States, in the
8 aggregate and by country;
9 (B) an itemized list of all waivers made
10 under the Buy American Act with respect to ar-
11 ticles, materials, or supplies, where available,
12 and the country where such articles, materials,
13 or supplies were mined, produced, or manufac-
14 tured;
15 (C) if any articles, materials, or supplies
16 were acquired from entities that mine, produce,
17 or manufacture such articles, materials, or sup-
18 plies outside the United States due to an excep-
19 tion (that is not the micro-purchase threshold ex-
20 ception described under section 8302(a)(2)(C) of
21 title 41, United States Code), the specific excep-
22 tion that was used to purchase such articles, ma-
23 terials, or supplies; and
24 (D) if any articles, materials, or supplies
25 were acquired from entities that mine, produce,
† HR 3684 EAS
2335
1 or manufacture such articles, materials, or sup-
2 plies outside the United States pursuant to a re-
3 ciprocal defense procurement memorandum of
4 understanding (as described in section 8304 of
5 title 41, United States Code), or a trade agree-
6 ment or least developed country designation de-
7 scribed in subpart 25.400 of the Federal Acquisi-
8 tion Regulation, a citation to such memorandum
9 of understanding, trade agreement, or designa-
10 tion.
11 (3) A description of the methods used by each
12 Federal agency to calculate the percentage domestic
13 content of articles, materials, and supplies mined,
14 produced, or manufactured in the United States.
15 (d) REVIEW OF RECIPROCAL DEFENSE AGREE-
16 MENTS.—
† HR 3684 EAS
2336
1 (2) REVIEW OF RECIPROCAL PROCUREMENT
† HR 3684 EAS
2337
1 (1) the Buy American Act;
2 (2) a Buy America law (as that term is defined
3 in section 70916(a));
4 (3) the Berry Amendment;
5 (4) section 604 of the American Recovery and
6 Reinvestment Act of 2009 (6 U.S.C. 453b) (commonly
7 referred to as the ‘‘Kissell amendment’’);
8 (5) section 2533b of title 10 (commonly referred
9 to as the ‘‘specialty metals clause’’);
10 (6) laws requiring domestic preference for mari-
11 time transport, including the Merchant Marine Act,
12 1920 (Public Law 66–261), commonly known as the
13 ‘‘Jones Act’’; and
14 (7) any other law, regulation, rule, or executive
15 order relating to Federal financial assistance awards
16 or Federal procurement, that requires, or provides a
17 preference for, the purchase or acquisition of goods,
18 products, or materials produced in the United States,
19 including iron, steel, construction material, and man-
20 ufactured goods offered in the United States.
21 SEC. 70924. HOLLINGS MANUFACTURING EXTENSION PART-
22 NERSHIP ACTIVITIES.
† HR 3684 EAS
2338
1 agency shall work with the Director of the Hollings Manu-
2 facturing Extension Partnership, as necessary, to ensure
3 businesses participating in this Partnership are aware of
4 their contracting opportunities.
5 (b) AUTOMATIC ENROLLMENT IN GSA ADVANTAGE!.—
6 The Administrator of the General Services Administration
7 and the Secretary of Commerce, acting through the Under
8 Secretary of Commerce for Standards and Technology, shall
9 jointly ensure that each business that participates in the
10 Hollings Manufacturing Extension Partnership is auto-
11 matically enrolled in General Services Administration Ad-
12 vantage!.
13 SEC. 70925. UNITED STATES OBLIGATIONS UNDER INTER-
14 NATIONAL AGREEMENTS.
19 In this part:
20 (1) BERRY AMENDMENT.—The term ‘‘Berry
21 Amendment’’ means section 2533a of title 10, United
22 States Code.
23 (2) BUY AMERICAN ACT.—The term ‘‘Buy Amer-
24 ican Act’’ means chapter 83 of title 41, United States
25 Code.
† HR 3684 EAS
2339
1 (3) FEDERAL AGENCY.—The term ‘‘Federal agen-
2 cy’’ has the meaning given the term ‘‘executive agen-
3 cy’’ in section 133 of title 41, United States Code.
4 (4) RELEVANT CONGRESSIONAL COMMITTEES.—
† HR 3684 EAS
2340
1 (A) A determination by the head of the Fed-
2 eral agency concerned that the acquisition is in-
3 consistent with the public interest.
4 (B) A determination by the head of the Fed-
5 eral agency concerned that the cost of the acqui-
6 sition is unreasonable.
7 (C) A determination by the head of the Fed-
8 eral agency concerned that the article, material,
9 or supply is not mined, produced, or manufac-
10 tured in the United States in sufficient and rea-
11 sonably available commercial quantities of a sat-
12 isfactory quality.
13 SEC. 70927. PROSPECTIVE AMENDMENTS TO INTERNAL
14 CROSS-REFERENCES.
† HR 3684 EAS
2341
1 Subtitle B—BuyAmerican.gov
2 SEC. 70931. SHORT TITLE.
6 In this subtitle:
7 (1) BUY AMERICAN LAW.—The term ‘‘Buy Amer-
8 ican law’’ means any law, regulation, Executive
9 order, or rule relating to Federal contracts, grants, or
10 financial assistance that requires or provides a pref-
11 erence for the purchase or use of goods, products, or
12 materials mined, produced, or manufactured in the
13 United States, including—
14 (A) chapter 83 of title 41, United States
15 Code (commonly referred to as the ‘‘Buy Amer-
16 ican Act’’);
17 (B) section 5323(j) of title 49, United States
18 Code;
19 (C) section 313 of title 23, United States
20 Code;
21 (D) section 50101 of title 49, United States
22 Code;
23 (E) section 24405 of title 49, United States
24 Code;
† HR 3684 EAS
2342
1 (F) section 608 of the Federal Water Pollu-
2 tion Control Act (33 U.S.C. 1388);
3 (G) section 1452(a)(4) of the Safe Drinking
4 Water Act (42 U.S.C. 300j–12(a)(4));
5 (H) section 5035 of the Water Resources Re-
6 form and Development Act of 2014 (33 U.S.C.
7 3914);
8 (I) section 2533a of title 10, United States
9 Code (commonly referred to as the ‘‘Berry
10 Amendment’’); and
11 (J) section 2533b of title 10, United States
12 Code.
13 (2) EXECUTIVE AGENCY.—The term ‘‘executive
14 agency’’ has the meaning given the term ‘‘agency’’ in
15 paragraph (1) of section 3502 of title 44, United
16 States Code, except that it does not include an inde-
17 pendent regulatory agency, as that term is defined in
18 paragraph (5) of such section.
19 (3) BUY AMERICAN WAIVER.—The term ‘‘Buy
20 American waiver’’ refers to an exception to or waiver
21 of any Buy American law, or the terms and condi-
22 tions used by an agency in granting an exception to
23 or waiver from Buy American laws.
24 SEC. 70933. SENSE OF CONGRESS ON BUYING AMERICAN.
† HR 3684 EAS
2343
1 (1) every executive agency should maximize,
2 through terms and conditions of Federal financial as-
3 sistance awards and Federal procurements, the use of
4 goods, products, and materials produced in the
5 United States and contracts for outsourced govern-
6 ment service contracts to be performed by United
7 States nationals;
8 (2) every executive agency should scrupulously
9 monitor, enforce, and comply with Buy American
10 laws, to the extent they apply, and minimize the use
11 of waivers; and
12 (3) every executive agency should use available
13 data to routinely audit its compliance with Buy
14 American laws.
15 SEC. 70934. ASSESSMENT OF IMPACT OF FREE TRADE
16 AGREEMENTS.
17 Not later than 150 days after the date of the enactment
18 of this Act, the Secretary of Commerce, the United States
19 Trade Representative, and the Director of the Office of Man-
20 agement and Budget shall assess the impacts in a publicly
21 available report of all United States free trade agreements,
22 the World Trade Organization Agreement on Government
23 Procurement, and Federal permitting processes on the oper-
24 ation of Buy American laws, including their impacts on
25 the implementation of domestic procurement preferences.
† HR 3684 EAS
2344
1 SEC. 70935. JUDICIOUS USE OF WAIVERS.
14 WEBSITE.
9 FOR CONTRACTS.
† HR 3684 EAS
2346
1 public website established under section 70936 for
2 public comment for not less than 15 days.
3 (2) EXCEPTION.—The requirement under para-
4 graph (1) does not apply to a request for a Buy
5 American waiver to satisfy an urgent contracting
6 need in an unforeseen and exigent circumstance.
7 (c) INFORMATION AVAILABLE TO THE EXECUTIVE
8 AGENCY CONCERNING THE REQUEST.—
9 (1) REQUIREMENT.—No Buy American waiver
10 for purposes of awarding a contract may be granted
11 if, in contravention of subsection (b)—
12 (A) information about the waiver was not
13 made available on the website under section
14 70936; or
15 (B) no opportunity for public comment con-
16 cerning the request was granted.
17 (2) SCOPE.—Information made available to the
18 public concerning the request included on the website
19 described in section 70936 shall properly and ade-
20 quately document and justify the statutory basis cited
21 for the requested waiver. Such information shall in-
22 clude—
23 (A) a detailed justification for the use of
24 goods, products, or materials mined, produced,
25 or manufactured outside the United States;
† HR 3684 EAS
2347
1 (B) for requests citing unreasonable cost as
2 the statutory basis of the waiver, a comparison
3 of the cost of the domestic product to the cost of
4 the foreign product or a comparison of the over-
5 all cost of the project with domestic products to
6 the overall cost of the project with foreign-origin
7 products or services, pursuant to the require-
8 ments of the applicable Buy American law, ex-
9 cept that publicly available cost comparison data
10 may be provided in lieu of proprietary pricing
11 information;
12 (C) for requests citing the public interest as
13 the statutory basis for the waiver, a detailed
14 written statement, which shall include all appro-
15 priate factors, such as potential obligations
16 under international agreements, justifying why
17 the requested waiver is in the public interest;
18 and
19 (D) a certification that the procurement of-
20 ficial or assistance recipient made a good faith
21 effort to solicit bids for domestic products sup-
22 ported by terms included in requests for pro-
23 posals, contracts, and nonproprietary commu-
24 nications with the prime contractor.
25 (d) NONAVAILABILITY WAIVERS.—
† HR 3684 EAS
2348
1 (1) IN GENERAL.—Except as provided under
2 paragraph (2), for a request citing nonavailability as
3 the statutory basis for a Buy American waiver, an
4 executive agency shall provide an explanation of the
5 procurement official’s efforts to procure a product
6 from a domestic source and the reasons why a domes-
7 tic product was not available from a domestic source.
8 Those explanations shall be made available on
9 BuyAmerican.gov prior to the issuance of the waiver,
10 and the agency shall consider public comments re-
11 garding the availability of the product before making
12 a final determination.
13 (2) EXCEPTION.—An explanation under para-
14 graph (1) is not required for a product the nonavail-
15 ability of which is established by law or regulation.
16 SEC. 70938. COMPTROLLER GENERAL REPORT.
17 Not later than two years after the date of the enact-
18 ment of this Act, the Comptroller General of the United
19 States shall submit to Congress a report describing the im-
20 plementation of this subtitle, including recommendations
21 for any legislation to improve the collection and reporting
22 of information regarding waivers of and exceptions to Buy
23 American laws.
† HR 3684 EAS
2349
1 SEC. 70939. RULES OF CONSTRUCTION.
15 MENTS.
20 CROSS-REFERENCES.
† HR 3684 EAS
2350
1 (b) EFFECTIVE DATE.—The amendments made by sub-
2 section (a) shall take effect on January 1, 2022.
3 Subtitle C—Make PPE in America
4 SEC. 70951. SHORT TITLE.
† HR 3684 EAS
2351
1 (5) In order to effectively incentivize investment
2 in the United States and the re-shoring of manufac-
3 turing, long-term contracts must be no shorter than
4 three years in duration.
5 (6) To accomplish this aim, the United States
6 should seek to ensure compliance with its inter-
7 national obligations, such as its commitments under
8 the World Trade Organization’s Agreement on Gov-
9 ernment Procurement and its free trade agreements,
10 including by invoking any relevant exceptions to
11 those agreements, especially those related to national
12 security and public health.
13 (7) The United States needs a long-term invest-
14 ment strategy for the domestic production of PPE
15 items critical to the United States national response
16 to a public health crisis, including the COVID–19
17 pandemic.
18 SEC. 70953. REQUIREMENT OF LONG-TERM CONTRACTS FOR
20 PROTECTIVE EQUIPMENT.
† HR 3684 EAS
2352
1 (A) the Committee on Homeland Security
2 and Governmental Affairs, the Committee on
3 Health, Education, Labor, and Pensions, the
4 Committee on Finance, and the Committee on
5 Veterans’ Affairs of the Senate; and
6 (B) the Committee on Homeland Security,
7 the Committee on Oversight and Reform, the
8 Committee on Energy and Commerce, the Com-
9 mittee on Ways and Means, and the Committee
10 on Veterans’ Affairs of the House of Representa-
11 tives.
12 (2) COVERED SECRETARY.—The term ‘‘covered
13 Secretary’’ means the Secretary of Homeland Secu-
14 rity, the Secretary of Health and Human Services,
15 and the Secretary of Veterans Affairs.
16 (3) PERSONAL PROTECTIVE EQUIPMENT.—The
† HR 3684 EAS
2353
1 (4) UNITED STATES.—The term ‘‘United States’’
2 means the 50 States, the District of Columbia, and
3 the possessions of the United States.
4 (b) CONTRACT REQUIREMENTS FOR DOMESTIC PRO-
5 DUCTION.—Beginning 90 days after the date of the enact-
6 ment of this Act, in order to ensure the sustainment and
7 expansion of personal protective equipment manufacturing
8 in the United States and meet the needs of the current pan-
9 demic response, any contract for the procurement of per-
10 sonal protective equipment entered into by a covered Sec-
11 retary, or a covered Secretary’s designee, shall—
12 (1) be issued for a duration of at least 2 years,
13 plus all option periods necessary, to incentivize in-
14 vestment in the production of personal protective
15 equipment and the materials and components thereof
16 in the United States; and
17 (2) be for personal protective equipment, includ-
18 ing the materials and components thereof, that is
19 grown, reprocessed, reused, or produced in the United
20 States.
21 (c) ALTERNATIVES TO DOMESTIC PRODUCTION.—The
22 requirement under subsection (b) shall not apply to an item
23 of personal protective equipment, or component or material
24 thereof if, after maximizing to the extent feasible sources
25 consistent with subsection (b), the covered Secretary—
† HR 3684 EAS
2354
1 (1) maximizes sources for personal protective
2 equipment that is assembled outside the United States
3 containing only materials and components that are
4 grown, reprocessed, reused, or produced in the United
5 States; and
6 (2) certifies every 120 days that it is necessary
7 to procure personal protective equipment under alter-
8 native procedures to respond to the immediate needs
9 of a public health emergency.
10 (d) AVAILABILITY EXCEPTION.—
11 (1) IN GENERAL.—Subsections (b) and (c) shall
12 not apply to an item of personal protective equip-
13 ment, or component or material thereof—
14 (A) that is, or that includes, a material list-
15 ed in section 25.104 of the Federal Acquisition
16 Regulation as one for which a non-availability
17 determination has been made; or
18 (B) as to which the covered Secretary deter-
19 mines that a sufficient quantity of a satisfactory
20 quality that is grown, reprocessed, reused, or
21 produced in the United States cannot be pro-
22 cured as, and when, needed at United States
23 market prices.
24 (2) CERTIFICATION REQUIREMENT.—The covered
25 Secretary shall certify every 120 days that the excep-
† HR 3684 EAS
2355
1 tion under paragraph (1) is necessary to meet the im-
2 mediate needs of a public health emergency.
3 (e) REPORT.—
4 (1) IN GENERAL.—Not later than 180 days after
5 the date of the enactment of this Act, the Director of
6 the Office of Management and Budget, in consultation
7 with the covered Secretaries, shall submit to the
8 chairs and ranking members of the appropriate con-
9 gressional committees a report on the procurement of
10 personal protective equipment.
11 (2) ELEMENTS.—The report required under
12 paragraph (1) shall include the following elements:
13 (A) The United States long-term domestic
14 procurement strategy for PPE produced in the
15 United States, including strategies to incentivize
16 investment in and maintain United States sup-
17 ply chains for all PPE sufficient to meet the
18 needs of the United States during a public health
19 emergency.
20 (B) An estimate of long-term demand quan-
21 tities for all PPE items procured by the United
22 States.
23 (C) Recommendations for congressional ac-
24 tion required to implement the United States
25 Government’s procurement strategy.
† HR 3684 EAS
2356
1 (D) A determination whether all notifica-
2 tions, amendments, and other necessary actions
3 have been completed to bring the United States
4 existing international obligations into con-
5 formity with the statutory requirements of this
6 subtitle.
7 (f) AUTHORIZATION OF TRANSFER OF EQUIPMENT.—
8 (1) IN GENERAL.—A covered Secretary may
9 transfer to the Strategic National Stockpile estab-
10 lished under section 319F–2 of the Public Health
11 Service Act (42 U.S.C. 247d–6b) any excess personal
12 protective equipment acquired under a contract exe-
13 cuted pursuant to subsection (b).
14 (2) TRANSFER OF EQUIPMENT DURING A PUBLIC
15 HEALTH EMERGENCY.—
20 HEALTH EMERGENCY.
† HR 3684 EAS
2357
1 Health and Human Services, may transfer to the Depart-
2 ment of Health and Human Services, on a reimbursable
3 basis, excess personal protective equipment or medically
4 necessary equipment in the possession of the Department.
5 ‘‘(b) DETERMINATION BY SECRETARIES.—
6 ‘‘(1) IN GENERAL.—In carrying out this sec-
7 tion—
8 ‘‘(A) before requesting a transfer under sub-
9 section (a), the Secretary of Health and Human
10 Services shall determine whether the personal
11 protective equipment or medically necessary
12 equipment is otherwise available; and
13 ‘‘(B) before initiating a transfer under sub-
14 section (a), the Secretary, in consultation with
15 the heads of each component within the Depart-
16 ment, shall—
17 ‘‘(i) determine whether the personal
18 protective equipment or medically necessary
19 equipment requested to be transferred under
20 subsection (a) is excess equipment; and
21 ‘‘(ii) certify that the transfer of the
22 personal protective equipment or medically
23 necessary equipment will not adversely im-
24 pact the health or safety of officers, employ-
25 ees, or contractors of the Department.
† HR 3684 EAS
2358
1 ‘‘(2) NOTIFICATION.—The Secretary of Health
2 and Human Services and the Secretary shall each
3 submit to Congress a notification explaining the de-
4 termination made under subparagraphs (A) and (B),
5 respectively, of paragraph (1).
6 ‘‘(3) REQUIRED INVENTORY.—
† HR 3684 EAS
2359
1 ‘‘(B) FORM.—Each inventory required to be
2 made available under subparagraph (A) shall be
3 submitted in unclassified form, but may include
4 a classified annex.’’.
5 (B) TABLE OF CONTENTS AMENDMENT.—
† HR 3684 EAS
2360
1 ‘‘(B) determined by the Secretary to no
2 longer be needed in the stockpile due to advances
3 in medical or technical capabilities.’’.
4 (g) COMPLIANCE WITH INTERNATIONAL AGREE-
5 MENTS.—The President or the President’s designee shall
6 take all necessary steps, including invoking the rights of the
7 United States under Article III of the World Trade Organi-
8 zation’s Agreement on Government Procurement and the
9 relevant exceptions of other relevant agreements to which
10 the United States is a party, to ensure that the inter-
11 national obligations of the United States are consistent with
12 the provisions of this subtitle.
13 TITLE X—ASSET CONCESSIONS
14 SEC. 71001. ASSET CONCESSIONS.
† HR 3684 EAS
2361
1 ‘‘(B) a group of projects (as defined in sec-
2 tion 601(a)) considered together in a single asset
3 concession or long-term lease to a concessionaire
4 by 1 or more eligible entities.
5 ‘‘(2) ASSET CONCESSION.—The term ‘asset con-
6 cession’ means a contract between an eligible entity
7 and a concessionaire—
8 ‘‘(A) under which—
9 ‘‘(i) the eligible entity agrees to enter
10 into a concession agreement or long-term
11 lease with the concessionaire relating to an
12 approved infrastructure asset owned, con-
13 trolled, or maintained by the eligible entity;
14 ‘‘(ii) as consideration for the agree-
15 ment or lease described in clause (i), the
16 concessionaire agrees—
17 ‘‘(I) to provide to the eligible enti-
18 ty 1 or more asset concession pay-
19 ments; and
20 ‘‘(II) to maintain or exceed the
21 condition, performance, and service
22 level of the approved infrastructure
23 asset, as compared to that condition,
24 performance, and service level on the
† HR 3684 EAS
2362
1 date of execution of the agreement or
2 lease; and
3 ‘‘(iii) the eligible entity and the conces-
4 sionaire agree that the costs for a fiscal year
5 of the agreement or lease, and any project
6 carried out under the agreement or lease,
7 shall not be shifted to any taxpayer the an-
8 nual household income of whom is less than
9 $400,000 per year, including through taxes,
10 user fees, tolls, or any other measure, for use
11 of an approved infrastructure asset; and
12 ‘‘(B) the terms of which do not include any
13 noncompete or exclusivity restriction (or any
14 other, similar restriction) on the approval of an-
15 other project.
16 ‘‘(3) ASSET CONCESSION PAYMENT.—The term
17 ‘asset concession payment’ means a payment that—
18 ‘‘(A) is made by a concessionaire to an eli-
19 gible entity for fair market value that is deter-
20 mined as part of the asset concession; and
21 ‘‘(B) may be—
22 ‘‘(i) a payment made at the financial
23 close of an asset concession; or
24 ‘‘(ii) a series of payments scheduled to
25 be made for—
† HR 3684 EAS
2363
1 ‘‘(I) a fixed period; or
2 ‘‘(II) the term of an asset conces-
3 sion.
4 ‘‘(4) CONCESSIONAIRE.—The term ‘conces-
5 sionaire’ means a private individual or a private or
6 publicly chartered corporation or entity that enters
7 into an asset concession with an eligible entity.
8 ‘‘(5) ELIGIBLE ENTITY.—
† HR 3684 EAS
2364
1 ‘‘(iv) An agency or instrumentality of
2 a State, Tribal government, or unit of local
3 government.
4 ‘‘(v) A special purpose district or pub-
5 lic authority.
6 ‘‘(b) ESTABLISHMENT.—The Secretary shall establish
7 a program to facilitate access to expert services for, and
8 to provide grants to, eligible entities to enhance the tech-
9 nical capacity of eligible entities to facilitate and evaluate
10 public-private partnerships in which the private sector
11 partner could assume a greater role in project planning,
12 development, financing, construction, maintenance, and op-
13 eration, including by assisting eligible entities in entering
14 into asset concessions.
15 ‘‘(c) APPLICATIONS.—To be eligible to receive a grant
16 under this section, an eligible entity shall submit to the Sec-
17 retary an application at such time, in such manner, and
18 containing such information as the Secretary may require.
19 ‘‘(d) ELIGIBLE ACTIVITIES.—
20 ‘‘(1) TECHNICAL ASSISTANCE GRANTS.—An eligi-
21 ble entity may use amounts made available from a
22 grant under this section for technical assistance to
23 build the organizational capacity of the eligible entity
24 to develop, review, or enter into an asset concession,
25 including for—
† HR 3684 EAS
2365
1 ‘‘(A) identifying appropriate assets or
2 projects for asset concessions;
3 ‘‘(B) soliciting and negotiating asset conces-
4 sions, including hiring staff in public agencies;
5 ‘‘(C) conducting a value-for-money analysis,
6 or a comparable analysis, to evaluate the com-
7 parative benefits of asset concessions and public
8 debt or other procurement methods;
9 ‘‘(D) evaluating options for the structure
10 and use of asset concession payments;
11 ‘‘(E) evaluating and publicly presenting the
12 risks and benefits of all contract provisions for
13 the purpose of transparency and accountability;
14 ‘‘(F) identifying best practices to protect the
15 public interest and priorities;
16 ‘‘(G) identifying best practices for man-
17 aging transportation demand and mobility along
18 a corridor, including through provisions of the
19 asset concession, to facilitate transportation de-
20 mand management strategies along the corridor
21 that is subject to the asset concession; and
22 ‘‘(H) integrating and coordinating pricing,
23 data, and fare collection with other regional op-
24 erators that exist or may be developed.
† HR 3684 EAS
2366
1 ‘‘(2) EXPERT SERVICES.—An eligible entity seek-
2 ing to leverage public and private funding in connec-
3 tion with the development of an early-stage approved
4 infrastructure asset, including in the development of
5 alternative approaches to project delivery or procure-
6 ment, may use amounts made available from a grant
7 under this section to retain the services of an expert
8 firm to provide to the eligible entity direct project
9 level assistance, which services may include—
10 ‘‘(A) project planning, feasibility studies,
11 revenue forecasting, economic assessments and
12 cost-benefit analyses, public benefit studies,
13 value-for-money analyses, business case develop-
14 ment, lifecycle cost analyses, risk assessment, fi-
15 nancing and funding options analyses, procure-
16 ment alternatives analyses, statutory and regu-
17 latory framework analyses and other pre-pro-
18 curement and pre-construction activities;
19 ‘‘(B) financial and legal planning (includ-
20 ing the identification of statutory authorization,
21 funding, and financing options);
22 ‘‘(C) early assessment of permitting, envi-
23 ronmental review, and regulatory processes and
24 costs; and
† HR 3684 EAS
2367
1 ‘‘(D) assistance with entering into an asset
2 concession.
3 ‘‘(e) DISTRIBUTION.—
4 ‘‘(1) MAXIMUM AMOUNT.—
† HR 3684 EAS
2368
1 entities within a State shall not exceed, on a cumu-
2 lative basis for all eligible entities within the State
3 during any 3-year period, $4,000,000.
4 ‘‘(f) REQUIREMENTS.—
5 ‘‘(1) IN GENERAL.—The Secretary shall ensure
6 that, as a condition of receiving a grant under this
7 section, for any asset concession for which the grant
8 provides direct assistance—
9 ‘‘(A) the asset concession shall not prohibit,
10 discourage, or make it more difficult for an eligi-
11 ble entity to construct new infrastructure, to pro-
12 vide or expand transportation services, or to
13 manage associated infrastructure in publicly
14 beneficial ways, along a transportation corridor
15 or in the proximity of a transportation facility
16 that was a part of the asset concession;
17 ‘‘(B) the eligible entity shall have adopted
18 binding rules to publish all major business terms
19 of the proposed asset concession not later than
20 the date that is 30 days before entering into the
21 asset concession, to enable public review, includ-
22 ing a certification of public interest based on the
23 results of an assessment under subparagraph
24 (D);
† HR 3684 EAS
2369
1 ‘‘(C) the asset concession shall not result in
2 displacement, job loss, or wage reduction for the
3 existing workforce of the eligible entity or other
4 public entities;
5 ‘‘(D) the eligible entity or the concessionaire
6 shall carry out a value-for-money analysis, or
7 similar assessment, to compare the aggregate
8 costs and benefits to the eligible entity of the
9 asset concession against alternative options to
10 determine whether the asset concession generates
11 additional public benefits and serves the public
12 interest;
13 ‘‘(E) the full amount of any asset concession
14 payment received by the eligible entity under the
15 asset concession, less any amount paid for trans-
16 action costs relating to the asset concession, shall
17 be used to pay infrastructure costs of the eligible
18 entity; and
19 ‘‘(F) the terms of the asset concession shall
20 not result in any increase in costs under the
21 asset concession being shifted to taxpayers the
22 annual household income of whom is less than
23 $400,000 per year, including through taxes, user
24 fees, tolls, or any other measure, for use of an
25 approved infrastructure asset.
† HR 3684 EAS
2370
1 ‘‘(2) AUDIT.—Not later than 3 years after the
2 date on which an eligible entity enters into an asset
3 concession as a result of a grant under this section—
4 ‘‘(A) the eligible entity shall hire an inde-
5 pendent auditor to evaluate the performance of
6 the concessionaire based on the requirements de-
7 scribed in paragraph (1); and
8 ‘‘(B) the independent auditor shall submit
9 to the eligible entity, and make publicly avail-
10 able, a report describing the results of the audit
11 under subparagraph (A).
12 ‘‘(3) TREATMENT.—Unless otherwise provided
13 under paragraph (1), the Secretary shall not, as a
14 condition of receiving a grant under this section, pro-
15 hibit or otherwise prevent an eligible entity from en-
16 tering into, or receiving any asset concession payment
17 under, an asset concession for an approved infrastruc-
18 ture asset owned, controlled, or maintained by the eli-
19 gible entity.
20 ‘‘(4) APPLICABILITY OF FEDERAL LAWS.—Noth-
† HR 3684 EAS
2371
1 ‘‘(g) FUNDING.—
2 ‘‘(1) IN GENERAL.—On October 1, 2021, and on
3 each October 1 thereafter through October 1, 2025, out
4 of any funds in the Treasury not otherwise appro-
5 priated, the Secretary of the Treasury shall transfer
6 to the Secretary to carry out this section $20,000,000,
7 to remain available until expended.
8 ‘‘(2) RECEIPT AND ACCEPTANCE.—The Secretary
9 shall be entitled to receive, shall accept, and shall use
10 to carry out this section the funds transferred under
11 paragraph (1), without further appropriation.’’.
12 (2) CLERICAL AMENDMENT.—The analysis for
13 chapter 6 of title 23, United States Code, is amended
14 by adding at the end the following:
‘‘611. Asset concessions and innovative finance assistance.’’.
† HR 3684 EAS
2373
1 or other equipment needed to charge, fuel, or
2 maintain clean school buses or zero-emission
3 school buses, to individuals or entities that own
4 a school bus or a fleet of school buses; or
5 ‘‘(B) to arrange financing for such a sale.
6 ‘‘(5) ELIGIBLE RECIPIENT.—
† HR 3684 EAS
2374
1 ‘‘(I) providing school bus service
2 to 1 or more Bureau-funded schools (as
3 defined in section 1141 of the Edu-
4 cation Amendments of 1978 (25 U.S.C.
5 2021)); or
6 ‘‘(II) the purchase of school buses.
7 ‘‘(B) SPECIAL REQUIREMENTS.—In the case
8 of eligible recipients identified under clauses (ii)
9 and (iii) of subparagraph (A), the Administrator
10 shall establish timely and appropriate require-
11 ments for notice and shall establish timely and
12 appropriate requirements for approval by the
13 public school systems that would be served by
14 buses purchased using award funds made avail-
15 able under this section.
16 ‘‘(6) HIGH-NEED LOCAL EDUCATIONAL AGEN-
† HR 3684 EAS
2375
1 termined by the Secretary of Education (or, for a
2 local educational agency for which no such data is
3 available, such other data as the Secretary of Edu-
4 cation determines to be satisfactory).
5 ‘‘(7) SCHOOL BUS.—The term ‘school bus’ has
6 the meaning given the term ‘schoolbus’ in section
7 30125(a) of title 49, United States Code.
8 ‘‘(8) ZERO-EMISSION SCHOOL BUS.—The term
9 ‘zero-emission school bus’ means a school bus that is
10 certified by the Administrator to have a drivetrain
11 that produces, under any possible operational mode or
12 condition, zero exhaust emission of—
13 ‘‘(A) any air pollutant that is listed pursu-
14 ant to section 108(a) of the Clean Air Act (42
15 U.S.C. 7408(a)) (or any precursor to such an air
16 pollutant); and
17 ‘‘(B) any greenhouse gas.
18 ‘‘(b) PROGRAM FOR REPLACEMENT OF EXISTING
19 SCHOOL BUSES WITH CLEAN SCHOOL BUSES AND ZERO-
20 EMISSION SCHOOL BUSES.—
21 ‘‘(1) ESTABLISHMENT.—The Administrator shall
22 establish a program—
23 ‘‘(A) to award grants and rebates on a com-
24 petitive basis to eligible recipients for the re-
† HR 3684 EAS
2376
1 placement of existing school buses with clean
2 school buses;
3 ‘‘(B) to award grants and rebates on a com-
4 petitive basis to eligible recipients for the re-
5 placement of existing school buses with zero-emis-
6 sion school buses;
7 ‘‘(C) to award contracts to eligible contrac-
8 tors to provide rebates for the replacement of ex-
9 isting school buses with clean school buses; and
10 ‘‘(D) to award contracts to eligible contrac-
11 tors to provide rebates for the replacement of ex-
12 isting school buses with zero-emission school
13 buses.
14 ‘‘(2) ALLOCATION OF FUNDS.—Of the amounts
15 made available for awards under paragraph (1) in a
16 fiscal year, the Administrator shall award—
17 ‘‘(A) 50 percent to replace existing school
18 buses with zero-emission school buses; and
19 ‘‘(B) 50 percent to replace existing school
20 buses with clean school buses and zero-emission
21 school buses.
22 ‘‘(3) CONSIDERATIONS.—In making awards
23 under paragraph (2)(B), the Administrator shall take
24 into account the following criteria and shall not give
25 preference to any individual criterion:
† HR 3684 EAS
2377
1 ‘‘(A) Lowest overall cost of bus replacement.
2 ‘‘(B) Local conditions, including the length
3 of bus routes and weather conditions.
4 ‘‘(C) Technologies that most reduce emis-
5 sions.
6 ‘‘(D) Whether funds will bring new tech-
7 nologies to scale or promote cost parity between
8 old technology and new technology.
9 ‘‘(4) PRIORITY OF APPLICATIONS.—In making
10 awards under paragraph (1), the Administrator may
11 prioritize applicants that—
12 ‘‘(A) propose to replace school buses that
13 serve—
14 ‘‘(i) a high-need local educational
15 agency;
16 ‘‘(ii) a Bureau-funded school (as de-
17 fined in section 1141 of the Education
18 Amendments of 1978 (25 U.S.C. 2021)); or
19 ‘‘(iii) a local educational agency that
20 receives a basic support payment under sec-
21 tion 7003(b)(1) of the Elementary and Sec-
22 ondary Education Act of 1965 (20 U.S.C.
23 7703(b)(1)) for children who reside on In-
24 dian land;
25 ‘‘(B) serve rural or low-income areas; or
† HR 3684 EAS
2378
1 ‘‘(C) propose to complement the assistance
2 received through the award by securing addi-
3 tional sources of funding for the activities sup-
4 ported through the award, such as through—
5 ‘‘(i) public-private partnerships;
6 ‘‘(ii) grants from other entities; or
7 ‘‘(iii) issuance of school bonds.
8 ‘‘(5) USE OF SCHOOL BUS FLEET.—All clean
9 school buses and zero-emission school buses acquired
10 with funds provided under this section shall—
11 ‘‘(A) be operated as part of the school bus
12 fleet for which the award was made for not less
13 than 5 years;
14 ‘‘(B) be maintained, operated, and charged
15 or fueled according to manufacturer rec-
16 ommendations or State requirements; and
17 ‘‘(C) not be manufactured or retrofitted
18 with, or otherwise have installed, a power unit
19 or other technology that creates air pollution
20 within the school bus, such as an unvented diesel
21 passenger heater.
22 ‘‘(6) AWARDS.—
23 ‘‘(A) IN GENERAL.—In making awards
24 under paragraph (1), the Administrator may
25 make awards for up to 100 percent of the costs
† HR 3684 EAS
2379
1 for replacement of existing school buses with
2 clean school buses, zero-emission school buses,
3 and charging or fueling infrastructure.
4 ‘‘(B) STRUCTURING AWARDS.—In making
5 an award under paragraph (1)(A), the Adminis-
6 trator shall decide whether to award a grant or
7 rebate, or a combination thereof, based primarily
8 on how best to facilitate replacing existing school
9 buses with clean school buses or zero-emission
10 school buses, as applicable.
11 ‘‘(7) DEPLOYMENT AND DISTRIBUTION.—
† HR 3684 EAS
2380
1 amounts made available to carry out this section
2 during a fiscal year.
3 ‘‘(8) ANNUAL REPORT.—Not later than January
4 31 of each year, the Administrator shall submit to
5 Congress a report that evaluates the implementation
6 of this section and describes—
7 ‘‘(A) the total number of applications re-
8 ceived;
9 ‘‘(B) the quantity and amount of grants
10 and rebates awarded and the location of the re-
11 cipients of the grants and rebates;
12 ‘‘(C) the criteria used to select the recipi-
13 ents; and
14 ‘‘(D) any other information the Adminis-
15 trator considers appropriate.
16 ‘‘(c) EDUCATION AND OUTREACH.—
17 ‘‘(1) IN GENERAL.—Not later than 120 days
18 after the date of enactment of the Infrastructure In-
19 vestment and Jobs Act, the Administrator shall de-
20 velop an education and outreach program to promote
21 and explain the award program under this section.
22 ‘‘(2) COORDINATION WITH STAKEHOLDERS.—The
† HR 3684 EAS
2381
1 ‘‘(3) COMPONENTS.—The education and outreach
2 program under paragraph (1) shall—
3 ‘‘(A) inform potential award recipients on
4 the process of applying for awards and fulfilling
5 the requirements of awards;
6 ‘‘(B) describe the available technologies and
7 the benefits of using the technologies;
8 ‘‘(C) explain the benefits and costs incurred
9 by participating in the award program;
10 ‘‘(D) make available information regarding
11 best practices, lessons learned, and technical and
12 other information regarding—
13 ‘‘(i) clean school bus and zero-emission
14 school bus acquisition and deployment;
15 ‘‘(ii) the build-out of associated infra-
16 structure and advance planning with the
17 local electricity supplier;
18 ‘‘(iii) workforce development, training,
19 and Registered Apprenticeships that meet
20 the requirements under parts 29 and 30 of
21 title 29, Code of Federal Regulations (as in
22 effect on December 1, 2019); and
23 ‘‘(iv) any other information that is
24 necessary, as determined by the Adminis-
25 trator; and
† HR 3684 EAS
2382
1 ‘‘(E) include, as appropriate, information
2 from the annual report required under subsection
3 (b)(7).
4 ‘‘(d) ADMINISTRATIVE COSTS.—The Administrator
5 may use, for the administrative costs of carrying out this
6 section, not more than 3 percent of the amounts made avail-
7 able to carry out this section for any fiscal year.
8 ‘‘(e) REGULATIONS.—The Administrator shall have the
9 authority to issue such regulations or other guidance, forms,
10 instructions, and publications as may be necessary or ap-
11 propriate to carry out the programs, projects, or activities
12 authorized under this section, including to ensure that such
13 programs, projects, or activities are completed in a timely
14 and effective manner, result in emissions reductions, and
15 maximize public health benefits.
16 ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—There is
17 authorized to be appropriated to the Administrator to carry
18 out this section, to remain available until expended,
19 $1,000,000,000 for each of fiscal years 2022 through 2026,
20 of which—
21 ‘‘(1) $500,000,000 shall be made available for the
22 adoption of clean school buses and zero-emission
23 school buses; and
24 ‘‘(2) $500,000,000 shall be made available for the
25 adoption of zero-emission school buses.’’.
† HR 3684 EAS
2383
1 SEC. 71102. ELECTRIC OR LOW-EMITTING FERRY PILOT
2 PROGRAM.
† HR 3684 EAS
2384
1 infrastructure to reduce emissions or produce zero on-
2 board emissions under normal operation.
3 (3) SECRETARY.—The term ‘‘Secretary’’ means
4 the Secretary of Transportation.
5 (b) ESTABLISHMENT.—The Secretary shall carry out
6 a pilot program to provide grants for the purchase of elec-
7 tric or low-emitting ferries and the electrification of or other
8 reduction of emissions from existing ferries.
9 (c) REQUIREMENT.—In carrying out the pilot pro-
10 gram under this section, the Secretary shall ensure that—
11 (1) not less than 1 grant under this section shall
12 be for a ferry service that serves the State with the
13 largest number of Marine Highway System miles;
14 and
15 (2) not less than 1 grant under this section shall
16 be for a bi-State ferry service—
17 (A) with an aging fleet; and
18 (B) whose development of zero and low
19 emission power source ferries will propose to ad-
20 vance the state of the technology toward increas-
21 ing the range and capacity of zero emission
22 power source ferries.
23 (d) AUTHORIZATION OF APPROPRIATIONS.—There is
24 authorized to be appropriated to the Secretary to carry out
† HR 3684 EAS
2385
1 this section $50,000,000 for each of fiscal years 2022
2 through 2026.
3 SEC. 71103. FERRY SERVICE FOR RURAL COMMUNITIES.
† HR 3684 EAS
2386
1 gram under this section, including requirements for the pro-
2 vision of funds to States.
3 (d) WAIVERS.—The Secretary shall establish criteria
4 for the waiver of any requirement under this section.
5 (e) TREATMENT.—
6 (1) NOT ATTRIBUTABLE TO URBANIZED
† HR 3684 EAS
2387
1 able under this section to pay the operating costs of the eli-
2 gible entity.’’.
3 (2) Section 218(c) of title 23, United States Code
4 (as amended by section 11116 of division A), is
5 amended by inserting ‘‘operation, repair,’’ after ‘‘pur-
6 chase,’’.
7 SEC. 71104. EXPANDING THE FUNDING AUTHORITY FOR
20 ITURE AUTHORITY.
† HR 3684 EAS
2388
1 (2) by striking ‘‘Continuing Appropriations Act,
2 2021 and Other Extensions Act’’ in subsections (c)(1)
3 and (e)(3) and inserting ‘‘Infrastructure Investment
4 and Jobs Act’’.
5 (b) SPORT FISH RESTORATION AND BOATING TRUST
6 FUND.—Section 9504 of such Code is amended—
7 (1) by striking ‘‘Continuing Appropriations Act,
8 2021 and Other Extensions Act’’ each place it ap-
9 pears in subsection (b)(2) and inserting ‘‘Infrastruc-
10 ture Investment and Jobs Act’’, and
11 (2) by striking ‘‘October 1, 2021’’ in subsection
12 (d)(2) and inserting ‘‘October 1, 2026’’.
13 (c) LEAKING UNDERGROUND STORAGE TANK TRUST
14 FUND.—Section 9508(e)(2) of such Code is amended by
15 striking ‘‘October 1, 2021’’ and inserting ‘‘October 1, 2026’’.
16 SEC. 80102. EXTENSION OF HIGHWAY-RELATED TAXES.
17 (a) IN GENERAL.—
18 (1) Each of the following provisions of the Inter-
19 nal Revenue Code of 1986 is amended by striking
20 ‘‘September 30, 2022’’ and inserting ‘‘September 30,
21 2028’’:
22 (A) Section 4041(a)(1)(C)(iii)(I).
23 (B) Section 4041(m)(1)(B).
24 (C) Section 4081(d)(1).
† HR 3684 EAS
2389
1 (2) Each of the following provisions of such Code
2 is amended by striking ‘‘October 1, 2022’’ and insert-
3 ing ‘‘October 1, 2028’’:
4 (A) Section 4041(m)(1)(A).
5 (B) Section 4051(c).
6 (C) Section 4071(d).
7 (D) Section 4081(d)(3).
8 (b) EXTENSION OF TAX, ETC., ON USE OF CERTAIN
9 HEAVY VEHICLES.—Each of the following provisions of the
10 Internal Revenue Code of 1986 is amended by striking
11 ‘‘2023’’ each place it appears and inserting ‘‘2029’’:
12 (1) Section 4481(f).
13 (2) Subsections (c)(4) and (d) of section 4482.
14 (c) FLOOR STOCKS REFUNDS.—Section 6412(a)(1) of
15 the Internal Revenue Code of 1986 is amended—
16 (1) by striking ‘‘October 1, 2022’’ each place it
17 appears and inserting ‘‘October 1, 2028’’;
18 (2) by striking ‘‘March 31, 2023’’ each place it
19 appears and inserting ‘‘March 31, 2029’’; and
20 (3) by striking ‘‘January 1, 2023’’ and inserting
21 ‘‘January 1, 2029’’.
22 (d) EXTENSION OF CERTAIN EXEMPTIONS.—
23 (1) Section 4221(a) of the Internal Revenue Code
24 of 1986 is amended by striking ‘‘October 1, 2022’’ and
25 inserting ‘‘October 1, 2028’’.
† HR 3684 EAS
2390
1 (2) Section 4483(i) of such Code is amended by
2 striking ‘‘October 1, 2023’’ and inserting ‘‘October 1,
3 2029’’.
4 (e) EXTENSION OF TRANSFERS OF CERTAIN TAXES.—
5 (1) IN GENERAL.—Section 9503 of the Internal
6 Revenue Code of 1986 is amended—
7 (A) in subsection (b)—
8 (i) by striking ‘‘October 1, 2022’’ each
9 place it appears in paragraphs (1) and (2)
10 and inserting ‘‘October 1, 2028’’;
11 (ii) by striking ‘‘OCTOBER 1, 2022’’ in
12 the heading of paragraph (2) and inserting
13 ‘‘OCTOBER 1, 2028’’;
23 TRANSFERS.—
† HR 3684 EAS
2391
1 each amended by striking ‘‘October 1, 2022’’ and
2 inserting ‘‘October 1, 2028’’.
3 (B) CONFORMING AMENDMENTS TO LAND
15 FUND.
† HR 3684 EAS
2392
1 ‘‘(B) $28,000,000,000 to the Mass Transit
2 Account in the Highway Trust Fund.’’.
3 TITLE II—CHEMICAL
4 SUPERFUND
5 SEC. 80201. EXTENSION AND MODIFICATION OF CERTAIN
7 (a) EXTENSION.—
8 (1) IN GENERAL.—Section 4661(c) of the Inter-
9 nal Revenue Code of 1986 is amended to read as fol-
10 lows:
11 ‘‘(c) TERMINATION.—No tax shall be imposed by this
12 section after December 31, 2031.’’.
13 (2) IMPORTED SUBSTANCES.—Section 4671(e) of
14 the Internal Revenue Code of 1986 is amended to read
15 as follows:
16 ‘‘(e) TERMINATION.—No tax shall be imposed by this
17 section after December 31, 2031.’’.
18 (b) MODIFICATION OF RATES.—
19 (1) IN GENERAL.—Section 4661(b) of the Inter-
20 nal Revenue Code of 1986 is amended to read as fol-
21 lows:
22 ‘‘(b) AMOUNT OF TAX.—The amount of tax imposed
23 by subsection (a) shall be determined in accordance with
24 the following table:
† HR 3684 EAS
2393
The tax is the following
‘‘In the case of: amount per ton:
† HR 3684 EAS
2395
1 TITLE III—CUSTOMS USER FEES
2 SEC. 80301. EXTENSION OF CUSTOMS USER FEES.
18 BROADBAND PROJECTS.
† HR 3684 EAS
2396
1 (b) QUALIFIED BROADBAND PROJECTS.—Section 142
2 of such Code is amended by adding at the end the following
3 new subsection:
4 ‘‘(n) QUALIFIED BROADBAND PROJECT.—
5 ‘‘(1) IN GENERAL.—For purposes of subsection
6 (a)(16), the term ‘qualified broadband project’ means
7 any project which—
8 ‘‘(A) is designed to provide broadband serv-
9 ice solely to 1 or more census block groups in
10 which more than 50 percent of residential house-
11 holds do not have access to fixed, terrestrial
12 broadband service which delivers at least 25
13 megabits per second downstream and at least 3
14 megabits service upstream, and
15 ‘‘(B) results in internet access to residential
16 locations, commercial locations, or a combina-
17 tion of residential and commercial locations at
18 speeds not less than 100 megabits per second for
19 downloads and 20 megabits for second for
20 uploads, but only if at least 90 percent of the lo-
21 cations provided such access under the project
22 are locations where, before the project, a
23 broadband service provider—
24 ‘‘(i) did not provide service, or
† HR 3684 EAS
2397
1 ‘‘(ii) did not provide service meeting
2 the minimum speed requirements described
3 in subparagraph (A).
4 ‘‘(2) NOTICE TO BROADBAND PROVIDERS.—A
† HR 3684 EAS
2398
1 the end of paragraph (4) and inserting ‘‘, and’’, and
2 by inserting immediately after paragraph (4) the fol-
3 lowing new paragraph:
4 ‘‘(5) 75 percent of any exempt facility bond
5 issued as part of an issue described in paragraph (16)
6 of section 142(a) (relating to qualified broadband
7 projects).’’.
8 (2) GOVERNMENT-OWNED PROJECTS.—The last
9 sentence of section 146(g) of such Code is amended by
10 striking ‘‘Paragraph (4)’’ and inserting ‘‘Paragraphs
11 (4) and (5)’’.
12 (d) EFFECTIVE DATE.—The amendments made by this
13 section shall apply to obligations issued in calendar years
14 beginning after the date of the enactment of this Act.
15 SEC. 80402. CARBON DIOXIDE CAPTURE FACILITIES.
† HR 3684 EAS
2399
1 80401, is amended by adding at the end the following new
2 subsection:
3 ‘‘(o) QUALIFIED CARBON DIOXIDE CAPTURE FACIL-
4 ITY.—
† HR 3684 EAS
2400
1 ‘‘(II) integral or functionally re-
2 lated and subordinate to a process
3 which converts a solid or liquid prod-
4 uct from coal, petroleum residue, bio-
5 mass, or other materials which are re-
6 covered for their energy or feedstock
7 value into a synthesis gas composed
8 primarily of carbon dioxide and hy-
9 drogen for direct use or subsequent
10 chemical or physical conversion.
11 ‘‘(ii) DEFINITIONS.—For purposes of
12 this subparagraph—
13 ‘‘(I) BIOMASS.—
14 ‘‘(aa) IN GENERAL.—The
† HR 3684 EAS
2401
1 ‘‘(bb) EXCLUSION.—The term
2 ‘biomass’ does not include paper
3 which is commonly recycled.
4 ‘‘(II) COAL.—The term ‘coal’
5 means anthracite, bituminous coal,
6 subbituminous coal, lignite, and peat.
7 ‘‘(B) INDUSTRIAL CARBON DIOXIDE FACIL-
8 ITY.—
† HR 3684 EAS
2402
1 ‘‘(ff) forest products,
2 ‘‘(gg) agriculture, including
3 feedlots and dairy operations, and
4 ‘‘(hh) transportation grade
5 liquid fuels.
6 ‘‘(ii) EXCEPTIONS.—For purposes of
7 clause (i), an industrial carbon dioxide fa-
8 cility shall not include—
9 ‘‘(I) any geological gas facility, or
10 ‘‘(II) any air separation unit
11 that—
12 ‘‘(aa) does not qualify as
13 gasification equipment, or
14 ‘‘(bb) is not a necessary com-
15 ponent of an oxy-fuel combustion
16 process.
17 ‘‘(iii) DEFINITIONS.—For purposes of
18 this subparagraph—
19 ‘‘(I) PETROLEUM RESIDUE.—The
† HR 3684 EAS
2403
1 ‘‘(II) GEOLOGICAL GAS FACIL-
14 AGE.—
† HR 3684 EAS
2404
1 components installed in such facility that may
2 be financed with tax-exempt bonds may not be
3 greater than the designed capture and storage
4 percentage.
5 ‘‘(C) CAPTURE AND STORAGE PERCENT-
6 AGE.—
† HR 3684 EAS
2405
1 installed in the industrial carbon diox-
2 ide facility.
3 ‘‘(ii) LIMITED APPLICATION OF ELIGI-
† HR 3684 EAS
2406
1 of section 142(a) (relating to qualified carbon dioxide
2 capture facilities).’’.
3 (d) CLARIFICATION OF PRIVATE BUSINESS USE.—Sec-
4 tion 141(b)(6) of such Code is amended by adding at the
5 end the following new subparagraph:
6 ‘‘(C) CLARIFICATION RELATING TO QUALI-
† HR 3684 EAS
2407
1 project the interest on which is exempt from tax
2 under section 103, and
3 ‘‘(B) the denominator of which is the aggre-
4 gate amount of additions to the capital account
5 for the project for the taxable year and all prior
6 taxable years.
7 The amounts under the preceding sentence for any
8 taxable year shall be determined as of the close of the
9 taxable year.’’.
10 (f) EFFECTIVE DATE.—The amendments made by this
11 section shall apply to obligations issued after December 31,
12 2021.
13 SEC. 80403. INCREASE IN NATIONAL LIMITATION AMOUNT
† HR 3684 EAS
2408
1 TITLE V—RELIEF FOR TAX-
2 PAYERS AFFECTED BY DISAS-
3 TERS OR OTHER CRITICAL
4 EVENTS
5 SEC. 80501. MODIFICATION OF AUTOMATIC EXTENSION OF
8 DISASTERS.
† HR 3684 EAS
2409
1 title for periods after the date determined under
2 subparagraph (B))’’,
3 (2) by striking paragraph (3) and inserting the
4 following:
5 ‘‘(3) DISASTER AREA.—For purposes of this sub-
6 section, the term ‘disaster area’ means an area in
7 which a major disaster for which the President pro-
8 vides financial assistance under section 408 of the
9 Robert T. Stafford Disaster Relief and Emergency As-
10 sistance Act (42 U.S.C. 5174) occurs.’’, and
11 (3) by adding at the end the following:
12 ‘‘(6) MULTIPLE DECLARATIONS.—For purposes
13 of paragraph (1), in the case of multiple declarations
14 relating to a disaster area which are issued within a
15 60-day period, a separate period shall be determined
16 under such paragraph with respect to each such dec-
17 laration.’’.
18 (b) EFFECTIVE DATE.—The amendment made by this
19 section shall apply to federally declared disasters declared
20 after the date of enactment of this Act.
† HR 3684 EAS
2410
1 SEC. 80502. MODIFICATIONS OF RULES FOR POSTPONING
4 ATION.
† HR 3684 EAS
2412
1 (c) EFFECTIVE DATE.—The amendments made by this
2 section shall apply to petitions required to be timely filed
3 (determined without regard to the amendments made by
4 this section) after the date of enactment of this Act.
5 SEC. 80504. AUTHORITY TO POSTPONE CERTAIN TAX DEAD-
† HR 3684 EAS
2413
1 inserting ‘‘FEDERALLY DECLARED DISASTER,
2 SIGNIFICANT FIRE,’’.
14 TION.
† HR 3684 EAS
2414
1 ‘‘(1) GENERAL RULE.—For purposes of this sec-
2 tion, the term ‘contribution to the capital of the tax-
3 payer’ includes any amount of money or other prop-
4 erty received from any person (whether or not a
5 shareholder) by a regulated public utility which pro-
6 vides water or sewerage disposal services if—
7 ‘‘(A) such amount is—
8 ‘‘(i) a contribution in aid of construc-
9 tion, or
10 ‘‘(ii) a contribution to the capital of
11 such utility by a governmental entity pro-
12 viding for the protection, preservation, or
13 enhancement of drinking water or sewerage
14 disposal services,
15 ‘‘(B) in the case of a contribution in aid of
16 construction which is property other than water
17 or sewerage disposal facilities, such amount
18 meets the requirements of the expenditure rule of
19 paragraph (2), and
20 ‘‘(C) such amount (or any property ac-
21 quired or constructed with such amount) is not
22 included in the taxpayer’s rate base for rate-
23 making purposes.
24 ‘‘(2) EXPENDITURE RULE.—An amount meets
25 the requirements of this paragraph if—
† HR 3684 EAS
2415
1 ‘‘(A) an amount equal to such amount is
2 expended for the acquisition or construction of
3 tangible property described in section 1231(b)—
4 ‘‘(i) which is the property for which
5 the contribution was made or is of the same
6 type as such property, and
7 ‘‘(ii) which is used predominantly in
8 the trade or business of furnishing water or
9 sewerage disposal services,
10 ‘‘(B) the expenditure referred to in subpara-
11 graph (A) occurs before the end of the second tax-
12 able year after the year in which such amount
13 was received, and
14 ‘‘(C) accurate records are kept of the
15 amounts contributed and expenditures made, the
16 expenditures to which contributions are allo-
17 cated, and the year in which the contributions
18 and expenditures are received and made.
19 ‘‘(3) DEFINITIONS.—For purposes of this sub-
20 section—
21 ‘‘(A) CONTRIBUTION IN AID OF CONSTRUC-
† HR 3684 EAS
2416
1 shall not include amounts paid as service
2 charges for starting or stopping services.
3 ‘‘(B) PREDOMINANTLY.—The term ‘pre-
4 dominantly’ means 80 percent or more.
5 ‘‘(C) REGULATED PUBLIC UTILITY.—The
† HR 3684 EAS
2417
1 ‘‘(1) the statutory period for the assessment of
2 any deficiency attributable to any part of such
3 amount shall not expire before the expiration of 3
4 years from the date the Secretary is notified by the
5 taxpayer (in such manner as the Secretary may pre-
6 scribe) of—
7 ‘‘(A) the amount of the expenditure referred
8 to in subparagraph (A) of subsection (c)(2),
9 ‘‘(B) the taxpayer’s intention not to make
10 the expenditures referred to in such subpara-
11 graph, or
12 ‘‘(C) a failure to make such expenditure
13 within the period described in subparagraph (B)
14 of subsection (c)(2), and
15 ‘‘(2) such deficiency may be assessed before the
16 expiration of such 3-year period notwithstanding the
17 provisions of any other law or rule of law which
18 would otherwise prevent such assessment.’’.
19 (b) EFFECTIVE DATE.—The amendments made by this
20 section shall apply to contributions made after December
21 31, 2020.
22 SEC. 80602. EXTENSION OF INTEREST RATE STABILIZATION.
† HR 3684 EAS
2418
1 section 430(h)(2)(C)(iv) of the Internal Revenue Code of
2 1986 is amended to read as follows:
17 DIGITAL ASSETS.
† HR 3684 EAS
2420
1 (A) by striking ‘‘any other person who (for
2 a consideration)’’ and inserting ‘‘any person who
3 (for consideration)’’, and
4 (B) by striking the period at the end and
5 inserting ‘‘, and’’, and
6 (3) by inserting after subparagraph (C) the fol-
7 lowing new subparagraph:
8 ‘‘(D) any person who (for consideration) is
9 responsible for regularly providing any service
10 effectuating transfers of digital assets on behalf
11 of another person.’’.
12 (b) REPORTING OF DIGITAL ASSETS.—
13 (1) BROKERS.—
14 (A) TREATMENT AS SPECIFIED SECURITY.—
† HR 3684 EAS
2421
1 means any digital representation of value which
2 is recorded on a cryptographically secured dis-
3 tributed ledger or any similar technology as
4 specified by the Secretary.’’.
5 (C) APPLICABLE DATE.—Section
† HR 3684 EAS
2422
1 broker) during a calendar year of a covered security which
2 is a digital asset from an account maintained by such
3 broker to an account which is not maintained by, or an
4 address not associated with, a person that such broker
5 knows or has reason to know is also a broker, shall make
6 a return for such calendar year, in such form as determined
7 by the Secretary, showing the information otherwise re-
8 quired to be furnished with respect to transfers subject to
9 subsection (a).’’.
10 (B) REPORTING PENALTIES.—Section
† HR 3684 EAS
2423
1 (c) EFFECTIVE DATE.—The amendments made by this
2 section shall apply to returns required to be filed, and state-
3 ments required to be furnished, after December 31, 2023.
4 (d) RULE OF CONSTRUCTION.—Nothing in this section
5 or the amendments made by this section shall be construed
6 to create any inference, for any period prior to the effective
7 date of such amendments, with respect to—
8 (1) whether any person is a broker under section
9 6045(c)(1) of the Internal Revenue Code of 1986, or
10 (2) whether any digital asset is property which
11 is a specified security under section 6045(g)(3)(B) of
12 such Code.
13 SEC. 80604. TERMINATION OF EMPLOYEE RETENTION CRED-
15 DUE TO COVID–19.
† HR 3684 EAS
2424
1 of wages paid by an eligible employer which is a re-
2 covery startup business, January 1, 2022)’’.
3 (b) EFFECTIVE DATE.—The amendments made by this
4 section shall apply to calendar quarters beginning after
5 September 30, 2021.
6 DIVISION I—OTHER MATTERS
7 SEC. 90001. EXTENSION OF DIRECT SPENDING REDUCTIONS
† HR 3684 EAS
2425
1 (i) by striking ‘‘6-month period begin-
2 ning on the day after the last day of the pe-
3 riod described in clause (i)’’ and inserting
4 ‘‘second 6 months’’;
5 (ii) by striking ‘‘4.0’’ and inserting
6 ‘‘0’’; and
7 (iii) by striking ‘‘; and’’ and inserting
8 a period; and
9 (D) by striking clause (iii).
10 SEC. 90002. STRATEGIC PETROLEUM RESERVE DRAWDOWN
11 AND SALE.
† HR 3684 EAS
2426
1 practicable, the Secretary shall maximize the finan-
2 cial return to the United States taxpayers.
3 (3) DEPOSIT OF AMOUNTS RECEIVED FROM
† HR 3684 EAS
2427
1 of the Treasury from sales authorized under that sub-
2 section.
3 (2) MINIMUM VOLUME.—Section 161(h)(2) of the
4 Energy Policy and Conservation Act (42 U.S.C.
5 6241(h)(2)) is amended by striking ‘‘340,000,000’’
6 each place it appears and inserting ‘‘252,400,000’’.
7 SEC. 90003. FINDINGS REGARDING UNUSED UNEMPLOY-
† HR 3684 EAS
2428
1 tember 2021. In its original estimate, CBO projected
2 that all States would participate in the programs
3 until September. Second, because of the improving
4 economy, the agency has lowered its forecast of the
5 unemployment rate, resulting in fewer projected bene-
6 ficiaries for the programs, which also reduced pro-
7 jected costs.
8 (4) It is estimated that there are approximately
9 $53,000,000,000 in savings from the amounts in the
10 Treasury originally estimated to be spent on unem-
11 ployment insurance funds (under the provisions of
12 subtitle A of title II of division A of the CARES Act)
13 not used by the States.
14 SEC. 90004. REQUIRING MANUFACTURERS OF CERTAIN SIN-
19 SUCH DRUGS.
† HR 3684 EAS
2429
1 ‘‘(h) REFUND FOR CERTAIN DISCARDED SINGLE-DOSE
2 CONTAINER OR SINGLE-USE PACKAGE DRUGS.—
3 ‘‘(1) SECRETARIAL PROVISION OF INFORMA-
4 TION.—
† HR 3684 EAS
2430
1 ‘‘(ii) The refund amount that the man-
2 ufacturer is liable for pursuant to para-
3 graph (3).
4 ‘‘(B) DETERMINATION OF DISCARDED
† HR 3684 EAS
2431
1 2023, the manufacturer of a refundable single-dose
2 container or single-use package drug shall, for such
3 drug, provide to the Secretary a refund that is equal
4 to the amount specified in paragraph (3) for such
5 drug for such quarter.
6 ‘‘(3) REFUND AMOUNT.—
† HR 3684 EAS
2432
1 logical under subsection (b)(1)(B) for
2 such quarter; or
3 ‘‘(bb) in the case of a refundable
4 single-dose container or single-use
5 package drug that is a biosimilar bio-
6 logical product, the amount of pay-
7 ment determined for such product
8 under subsection (b)(1)(C) for such
9 quarter; exceeds
10 ‘‘(ii) an amount equal to the applica-
11 ble percentage (as defined in subparagraph
12 (B)) of the estimated total allowed charges
13 for such drug under this part during the
14 quarter.
15 ‘‘(B) APPLICABLE PERCENTAGE DEFINED.—
† HR 3684 EAS
2433
1 ‘‘(ii) TREATMENT OF DRUGS THAT
† HR 3684 EAS
2434
1 section shall be subject to periodic audit
2 with respect to such drug and such refunds
3 by the Secretary.
4 ‘‘(ii) PROVIDER AUDITS.—The Sec-
5 retary shall conduct periodic audits of
6 claims submitted under this part with re-
7 spect to refundable single-dose container or
8 single-use package drugs in accordance with
9 the authority under section 1833(e) to en-
10 sure compliance with the requirements ap-
11 plicable under this subsection.
12 ‘‘(B) CIVIL MONEY PENALTY.—
† HR 3684 EAS
2435
1 ‘‘(ii) APPLICATION.—The provisions of
2 section 1128A (other than subsections (a)
3 and (b)) shall apply to a civil money pen-
4 alty under this subparagraph in the same
5 manner as such provisions apply to a pen-
6 alty or proceeding under section 1128A(a).
7 ‘‘(7) IMPLEMENTATION.—The Secretary shall im-
8 plement this subsection through notice and comment
9 rulemaking.
10 ‘‘(8) DEFINITION OF REFUNDABLE SINGLE-DOSE
† HR 3684 EAS
2436
1 ‘‘(i) a drug or biological that is either
2 a radiopharmaceutical or an imaging
3 agent;
4 ‘‘(ii) a drug or biological approved by
5 the Food and Drug Administration for
6 which dosage and administration instruc-
7 tions included in the labeling require filtra-
8 tion during the drug preparation process,
9 prior to dilution and administration, and
10 require that any unused portion of such
11 drug after the filtration process be discarded
12 after the completion of such filtration proc-
13 ess; or
14 ‘‘(iii) a drug or biological approved by
15 the Food and Drug Administration on or
16 after the date of enactment of this subsection
17 and with respect to which payment has been
18 made under this part for fewer than 18
19 months.
20 ‘‘(9) REPORT TO CONGRESS.—Not later than 3
21 years after the date of enactment of this subsection,
22 the Office of the Inspector General, after consultation
23 with the Centers for Medicare & Medicaid Services
24 and the Food and Drug Administration, shall submit
25 to the Committee on Finance of the Senate and the
† HR 3684 EAS
2437
1 Committee on Energy and Commerce and the Com-
2 mittee on Ways and Means of the House of Represent-
3 atives, a report on any impact this section is reported
4 to have on the licensure, market entry, market reten-
5 tion, or marketing of biosimilar biological products.
6 Such report shall be updated periodically at the direc-
7 tion of the Committee on Finance of the Senate and
8 the Committee on Energy and Commerce and the
9 Committee on Ways and Means of the House of Rep-
10 resentatives.’’.
11 SEC. 90005. EXTENSION OF ENTERPRISE GUARANTEE FEES.
† HR 3684 EAS
2438
1 Abuse; Removal of Safe Harbor Protection for Rebates In-
2 volving Prescription Pharmaceuticals and Creation of New
3 Safe Harbor Protection for Certain Point-of-Sale Reduc-
4 tions in Price on Prescription Pharmaceuticals and Cer-
5 tain Pharmacy Benefit Manager Service Fees’’ (85 Fed.
6 Reg. 76666).
7 SEC. 90007. RESCISSION OF COVID–19 APPROPRIATIONS.
† HR 3684 EAS
2439
1 the Balanced Budget and Emergency Deficit Control
2 Act of 1985.
3 (b) TARGETED EIDL ADVANCE.—
4 (1) Of the unobligated balances from amounts
5 made available under the heading ‘‘Small Business
6 Administration—Targeted EIDL Advance’’ in section
7 323(d)(1)(D) of division N of the Consolidated Appro-
8 priations Act, 2021 (Public Law 116–260),
9 $17,578,000,000 are permanently rescinded.
10 (2) Of the unobligated balances from amounts
11 made available in section 5002(b) of the American
12 Rescue Plan Act of 2021 (Public Law 117–2)—
13 (A) amounts may be transferred to and
14 merged with ‘‘Small Business Administration—
15 Disaster Loans Program Account’’ for the cost of
16 direct loans authorized under section 7(b) of the
17 Small Business Act (15 U.S.C. 636(b));
18 (B) not more than $500,000,000 may be
19 transferred to ‘‘Small Business Administra-
20 tion—Salaries and Expenses’’ for necessary ex-
21 penses, not otherwise provided for, of the Small
22 Business Administration; and
23 (C) not more than $992,000,000 may be
24 transferred to, and merged with, ‘‘Small Busi-
25 ness Administration—Business Loans Program
† HR 3684 EAS
2440
1 Account’’ for the cost of guaranteed loans as au-
2 thorized by paragraphs (1) through (35) of sec-
3 tion 7(a) of the Small Business Act (15 U.S.C.
4 636(a)), including the cost of carrying out sec-
5 tions 326, 327, and 328 of division N of the Con-
6 solidated Appropriations Act, 2021 (Public Law
7 116–260).
8 (c) ECONOMIC STABILIZATION PROGRAM.—Of the un-
9 obligated balances from amounts made available in section
10 4027(a) of the Coronavirus Aid, Relief, and Economic Secu-
11 rity Act (15 U.S.C. 9601), $1,366,100,000 are permanently
12 rescinded.
13 (d) BUSINESS LOANS PROGRAM ACCOUNT.—
14 (1) Of the unobligated balances from amounts
15 made available under the heading ‘‘Small Business
16 Administration—Business Loans Program Account,
17 CARES Act’’ in section 1107(a)(1) of the Coronavirus
18 Aid, Relief, and Economic Security Act (Public Law
19 116–136), as amended by section 101(a)(2) of divi-
20 sion A of the Paycheck Protection Program and
21 Health Care Enhancement Act (Public Law 116–
22 139), and in section 323(d)(1)(A) of division N of the
23 Consolidated Appropriations Act, 2021 (Public Law
24 116–260) for carrying out paragraphs (36) and (37)
† HR 3684 EAS
2441
1 of section 7(a) of the Small Business Act (15 U.S.C.
2 636(a)), $4,684,000,000 are permanently rescinded.
3 (2) Of the unobligated balances from amounts
4 made available under the heading ‘‘Small Business
5 Administration—Business Loans Program Account’’
6 in section 323(d)(1)(F) of division N of the Consoli-
7 dated Appropriations Act, 2021 (Public Law 116–
8 260), $992,000,000 are permanently rescinded.
9 (e) PANDEMIC RELIEF FOR AVIATION WORKERS,
10 CORONAVIRUS AID, RELIEF, AND ECONOMIC SECURITY ACT
11 (CARES ACT).—Of the unobligated balances from amounts
12 made available in section 4120 of the Coronavirus Aid, Re-
13 lief, and Economic Security Act (15 U.S.C. 9080),
14 $3,000,000,000 are permanently rescinded.
15 (f) EDUCATION STABILIZATION FUND.—
16 (1) RESCISSION.—Of the unobligated balances
17 from amounts made available under the heading
18 ‘‘Education Stabilization Fund’’ in title VIII of divi-
19 sion B of the Coronavirus Aid, Relief, and Economic
20 Security Act (Public Law 116–136) and in title III
21 of division M of the Consolidated Appropriations Act,
22 2021 (Public Law 116–260) that were reserved for the
23 Higher Education Emergency Relief Fund by sections
24 18004(a)(1) and 18004(a)(2) of division B of the
25 Coronavirus Aid, Relief, and Economic Security Act
† HR 3684 EAS
2442
1 (Public Law 116–136) and sections 314(a)(1),
2 314(a)(2), and 314(a)(4) of division M of the Consoli-
3 dated Appropriations Act, 2021 (Public Law 116–
4 260), $353,400,000 are permanently rescinded.
5 (2) DESIGNATION.—The amount rescinded pur-
6 suant to paragraph (1) that was previously des-
7 ignated by the Congress as an emergency requirement
8 pursuant to section 251(b)(2)(A)(i) of the Balanced
9 Budget and Emergency Deficit Control Act of 1985 is
10 designated by the Congress as an emergency require-
11 ment pursuant to section 4112(a) of H. Con. Res. 71
12 (115th Congress), the concurrent resolution on the
13 budget for fiscal year 2018, and to section 251(b) of
14 the Balanced Budget and Emergency Deficit Control
15 Act of 1985.
16 (g) SMALL BUSINESS ADMINISTRATION, SALARIES AND
17 EXPENSES.—
18 (1) RESCISSION.—Of the unobligated balances
19 from amounts made available under the heading
20 ‘‘Small Business Administration—Salaries and Ex-
21 penses’’ in section 1107(a)(2) of the Coronavirus Aid,
22 Relief, and Economic Security Act (Public Law 116–
23 136), in title II of division B of the Paycheck Protec-
24 tion Program and Health Care Enhancement Act
25 (Public Law 116–139), and in section 323(d)(1)(C) of
† HR 3684 EAS
2443
1 division N of the Consolidated Appropriations Act,
2 2021 (Public Law 116–260), $175,000,000 are perma-
3 nently rescinded.
4 (2) DESIGNATION.—The amount rescinded pur-
5 suant to paragraph (1) that was previously des-
6 ignated by the Congress as an emergency requirement
7 pursuant to section 251(b)(2)(A)(i) of the Balanced
8 Budget and Emergency Deficit Control Act of 1985 is
9 designated by the Congress as an emergency require-
10 ment pursuant to section 4112(a) of H. Con. Res. 71
11 (115th Congress), the concurrent resolution on the
12 budget for fiscal year 2018, and to section 251(b) of
13 the Balanced Budget and Emergency Deficit Control
14 Act of 1985.
15 (h) PANDEMIC RELIEF FOR AVIATION WORKERS.—Of
16 the unobligated balances from amounts made available in
17 section 411 of subtitle A of title IV of division N of the
18 Consolidated Appropriations Act, 2021 (15 U.S.C. 9101),
19 $200,000,000 are permanently rescinded.
20 SEC. 90008. SPECTRUM AUCTIONS.
† HR 3684 EAS
2444
1 (2) COVERED BAND.—The term ‘‘covered band’’
2 means the band of frequencies between 3100 and 3450
3 megahertz.
4 (3) RELEVANT CONGRESSIONAL COMMITTEES.—
† HR 3684 EAS
2445
1 activities with respect to systems, or other plan-
2 ning activities to improve efficiency and effec-
3 tiveness of the spectrum use of the Department of
4 Defense in order to make available electro-
5 magnetic spectrum in the covered band—
6 (i) for reallocation for shared Federal
7 and non-Federal commercial licensed use;
8 and
9 (ii) for auction under paragraph (3) of
10 this subsection.
11 (B) EXEMPTION.—Section 118(g) of the Na-
12 tional Telecommunications and Information Ad-
13 ministration Organization Act (47 U.S.C.
14 928(g)) shall not apply with respect to the pay-
15 ment required under subparagraph (A).
16 (C) REPORT TO SECRETARY OF COM-
† HR 3684 EAS
2446
1 activities described in paragraph (1)(A) and
2 subject to the determination of the Secretary of
3 Defense under subparagraph (B) of this para-
4 graph, the Secretary of Commerce, in coordina-
5 tion with the Secretary of Defense, the Director
6 of the Office of Science and Technology Policy,
7 and relevant congressional committees, shall—
8 (i) determine which frequencies of elec-
9 tromagnetic spectrum in the covered band
10 could be made available on a shared basis
11 between Federal use and non-Federal com-
12 mercial licensed use, subject to flexible-use
13 service rules; and
14 (ii) submit to the President and the
15 Commission a report that identifies the fre-
16 quencies determined appropriate under
17 clause (i).
18 (B) REQUIRED DETERMINATION.—The Sec-
19 retary of Commerce may identify frequencies
20 under subparagraph (A)(ii) only if the Secretary
21 of Defense has determined that sharing those fre-
22 quencies with non-Federal users would not im-
23 pact the primary mission of military spectrum
24 users in the covered band.
† HR 3684 EAS
2447
1 (3) AUCTION.—Not earlier than November 30,
2 2024, the Commission, in consultation with the As-
3 sistant Secretary of Commerce for Communications
4 and Information, shall begin a system of competitive
5 bidding under section 309(j) of the Communications
6 Act of 1934 (47 U.S.C. 309(j)) to grant new licenses
7 for the spectrum identified under paragraph
8 (2)(A)(ii) of this subsection.
9 (4) SHARING OF SPECTRUM.—Not earlier than
10 May 31, 2025, the President shall modify any assign-
11 ment to a Federal Government station of the fre-
12 quencies identified under clause (ii) of paragraph
13 (2)(A) in order to accommodate shared Federal and
14 non-Federal commercial licensed use in accordance
15 with that paragraph.
16 (5) AUCTION PROCEEDS TO COVER 110 PERCENT
† HR 3684 EAS
2448
1 and with respect to the electromagnetic spectrum
2 identified under section 90008(b)(2)(A)(ii) of the In-
3 frastructure Investment and Jobs Act, such authority
4 shall expire on the date that is 7 years after the date
5 of enactment of that Act’’.
6 (2) SPECTRUM PIPELINE ACT OF 2015.—Section
† HR 3684 EAS
2449
1 the date of enactment of this Act, the Secretary of Agri-
2 culture shall submit to the House and Senate Committees
3 on Appropriations a detailed spend plan, including a list
4 of project locations and project cost: Provided further, That
5 such amount is designated by the Congress as being for an
6 emergency requirement pursuant to section 4112(a) of H.
7 Con. Res. 71 (115th Congress), the concurrent resolution on
8 the budget for fiscal year 2018, and to section 251(b) of
9 the Balanced Budget and Emergency Deficit Control Act
10 of 1985.
11 WATERSHED REHABILITATION PROGRAM
† HR 3684 EAS
2450
1 EMERGENCY WATERSHED PROTECTION PROGRAM
15 PROGRAM
† HR 3684 EAS
2451
1 115–141 under the Rural Electrification Act of 1936, as
2 amended (7 U.S.C. 901 et seq.): Provided further, That at
3 least 50 percent of the households to be served by a project
4 receiving a loan or grant from funds provided under the
5 preceding proviso shall be in a rural area, as defined in
6 section 601(b)(3) of the Rural Electrification Act, without
7 sufficient access to broadband defined for such funds as hav-
8 ing speeds of not less than 25 megabits per second
9 downloads and 3 megabits per second uploads: Provided
10 further, That 10 percent of the amounts made available
11 under this heading in this Act for the pilot program shall
12 be set aside for service areas where at least 90 percent of
13 households to be served by a project receiving a loan or
14 grant are in a rural area without sufficient access to
15 broadband, as defined in the preceding proviso: Provided
16 further, That, to the extent possible, projects receiving funds
17 provided under this heading in this Act for the pilot pro-
18 gram must build out service to at least 100 megabits per
19 second downloads and 20 megabits per second uploads: Pro-
20 vided further, That, in administering the pilot program
21 under this heading in this Act, the Secretary of Agriculture
22 may, for purposes of determining entities eligible to receive
23 assistance, consider those communities which are ‘‘Areas
24 Rural in Character’’, as defined in section 343(a)(13)(D)
25 of the Consolidated Farm and Rural Development Act: Pro-
† HR 3684 EAS
2452
1 vided further, That not more than $50,000,000 of the funds
2 made available under this heading in this Act for the pilot
3 program may be used for the purpose of the preceding pro-
4 viso: Provided further, That pole attachment fees and re-
5 placements charged by electric cooperatives for the shared
6 use of their utility poles shall be an eligible use of funds
7 provided under this heading in this Act for the pilot pro-
8 gram to enable the deployment of broadband in rural areas:
9 Provided further, That the Secretary shall waive any
10 matching funds required for pilot program projects funded
11 from amounts provided under this heading in this Act for
12 Alaska Native Corporations for federally-recognized Tribes,
13 on substantially underserved Trust areas, as defined in 7
14 U.S.C. 936f(a)(2), and residents of a rural area that was
15 recognized as a colonia as of October 1, 1989, and for
16 projects in which 75 percent of the service area is a per-
17 sistent poverty county or counties: Provided further, That
18 for purposes of the preceding proviso, the term ‘‘persistent
19 poverty counties’’ means any county that has had 20 per-
20 cent or more of its population living in poverty over the
21 past 30 years, as measured by the 1990 and 2000 decennial
22 censuses, and 2007–2011 American Community Survey 5–
23 6 year average, or any territory or possession of the United
24 States: Provided further, That, in addition to other funds
25 available for such purpose, not more than four percent of
† HR 3684 EAS
2453
1 the amounts provided under this heading in this Act shall
2 be for administrative costs to carry out the pilot program
3 and broadband loans: Provided further, That up to three
4 percent of the amounts provided under this heading in this
5 Act shall be for technical assistance and predevelopment
6 planning activities to support rural communities, of which
7 $5,000,000 shall have a priority for the establishment and
8 growth of cooperatives to offer broadband, which shall be
9 transferred to and merged with the appropriation for
10 ‘‘Rural Development, Salaries and Expenses’’: Provided
11 further, That the Secretary of Agriculture shall collaborate,
12 to the extent practicable, with the Commissioner of the Fed-
13 eral Communications Commission and the Assistant Sec-
14 retary for Communications and Information at the Na-
15 tional Telecommunications and Information Administra-
16 tion to carry out the amounts provided under this heading
17 in this Act for the pilot program: Provided further, That
18 the Secretary may transfer funds provided under this head-
19 ing in this Act between broadband loans, as authorized by
20 section 601 of the Rural Electrification Act, and the pilot
21 program to accommodate demand: Provided further, That
22 no funds shall be transferred pursuant to the preceding pro-
23 viso until the Secretary notifies in writing and receives ap-
24 proval from the Committees on Appropriations and Agri-
25 culture of both Houses of Congress at least 30 days in ad-
† HR 3684 EAS
2454
1 vance of the transfer of such funds or the use of such author-
2 ity: Provided further, That for purposes of the amounts pro-
3 vided under this heading in this Act for the pilot program,
4 the Secretary shall adhere to the notice, reporting, and serv-
5 ice area assessment requirements set forth in section
6 701(a)–(d) of the Rural Electrification Act (7 U.S.C.
7 950cc(a)–(d)): Provided further, That such amount is des-
8 ignated by the Congress as being for an emergency require-
9 ment pursuant to section 4112(a) of H. Con. Res. 71 (115th
10 Congress), the concurrent resolution on the budget for fiscal
11 year 2018, and to section 251(b) of the Balanced Budget
12 and Emergency Deficit Control Act of 1985.
13 GENERAL PROVISION—THIS TITLE
14 SEC. 101. In addition to amounts otherwise made
15 available for such purpose, there is hereby appropriated
16 $10,000,000, to remain available until expended, to carry
17 out section 70501 of division G of this Act: Provided, That
18 $5,000,000, to remain available until expended, shall be
19 made available for fiscal year 2022 and $5,000,000, to re-
20 main available until expended, shall be made available for
21 fiscal year 2023: Provided further, That such amount is des-
22 ignated by the Congress as being for an emergency require-
23 ment pursuant to section 4112(a) of H. Con. Res. 71 (115th
24 Congress), the concurrent resolution on the budget for fiscal
† HR 3684 EAS
2455
1 year 2018, and to section 251(b) of the Balanced Budget
2 and Emergency Deficit Control Act of 1985.
3 TITLE II—COMMERCE, JUSTICE, SCIENCE, AND
4 RELATED AGENCIES
5 DEPARTMENT OF COMMERCE
6 NATIONAL TELECOMMUNICATIONS AND INFORMATION
7 ADMINISTRATION
8 BROADBAND EQUITY, ACCESS, AND DEPLOYMENT PROGRAM
† HR 3684 EAS
2456
1 gress as being for an emergency requirement pursuant to
2 section 4112(a) of H. Con. Res. 71 (115th Congress), the
3 concurrent resolution on the budget for fiscal year 2018,
4 and to section 251(b) of the Balanced Budget and Emer-
5 gency Deficit Control Act of 1985.
6 BROADBAND CONNECTIVITY FUND
† HR 3684 EAS
2457
1 (1) $550,000,000, to remain available until ex-
2 pended, shall be made available for fiscal year 2022,
3 of which $60,000,000 is for the award of grants under
4 section 60304 (c)(3) of division F of this Act,
5 $240,000,000 is for the award of grants under section
6 60304(d) of division F of this Act, and $250,000,000
7 is for the award of grants under section 60305 of di-
8 vision F of this Act;
9 (2) $550,000,000, to remain available until ex-
10 pended, shall be made available for fiscal year 2023,
11 of which $300,000,000 is for the award of grants
12 under section 60304(d) of division F of this Act and
13 $250,000,000 is for the award of grants under section
14 60305 of division F of this Act;
15 (3) $550,000,000, to remain available until ex-
16 pended, shall be made available for fiscal year 2024,
17 of which $300,000,000 is for the award of grants
18 under section 60304(d) of division F of this Act and
19 $250,000,000 is for the award of grants under section
20 60305 of division F of this Act;
21 (4) $550,000,000, to remain available until ex-
22 pended, shall be made available for fiscal year 2025,
23 of which $300,000,000 is for the award of grants
24 under section 60304(d) of division F of this Act and
† HR 3684 EAS
2458
1 $250,000,000 is for the award of grants under section
2 60305 of division F of this Act; and
3 (5) $550,000,000, to remain available until ex-
4 pended, shall be made available for fiscal year 2026,
5 of which $300,000,000 is for the award of grants
6 under section 60304(d) of division F of this Act and
7 $250,000,000 is for the award of grants under section
8 60305 of division F of this Act:
9 Provided further, That the Secretary shall issue notices of
10 funding opportunity not later than 180 days after each date
11 upon which funds are made available under the preceding
12 proviso: Provided further, That the Secretary shall make
13 awards not later than 270 days after issuing the notices
14 of funding opportunity required under the preceding pro-
15 viso: Provided further, That up to 2 percent of the amounts
16 made available in each fiscal year shall be for salaries and
17 expenses, administration, and oversight, of which
18 $1,000,000 in each of fiscal years 2022 through 2026 shall
19 be transferred to the Office of Inspector General of the De-
20 partment of Commerce for oversight of funding provided to
21 the National Telecommunications and Information Admin-
22 istration in this title in this Act: Provided further, That
23 such amount is designated by the Congress as being for an
24 emergency requirement pursuant to section 4112(a) of H.
25 Con. Res. 71 (115th Congress), the concurrent resolution on
† HR 3684 EAS
2459
1 the budget for fiscal year 2018, and to section 251(b) of
2 the Balanced Budget and Emergency Deficit Control Act
3 of 1985.
4 MIDDLE MILE DEPLOYMENT
† HR 3684 EAS
2460
1 concurrent resolution on the budget for fiscal year 2018,
2 and to section 251(b) of the Balanced Budget and Emer-
3 gency Deficit Control Act of 1985.
4 NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION
5 OPERATIONS, RESEARCH, AND FACILITIES
† HR 3684 EAS
2461
1 under section 906(c) of division O of Public Law
2 114–113;
3 (2) $491,000,000 shall be for contracts, grants,
4 and cooperative agreements to provide funding and
5 technical assistance for purposes of restoring marine,
6 estuarine, coastal, or Great Lakes ecosystem habitat,
7 or constructing or protecting ecological features that
8 protect coastal communities from flooding or coastal
9 storms;
10 (3) $492,000,000 shall be for coastal and inland
11 flood and inundation mapping and forecasting, and
12 next-generation water modeling activities, including
13 modernized precipitation frequency and probable
14 maximum studies;
15 (4) $25,000,000 shall be for data acquisition ac-
16 tivities pursuant to section 511(b) of the Water Re-
17 sources Development Act of 2020 (division AA of Pub-
18 lic Law 116–260), of which $8,334,000 shall be avail-
19 able in fiscal year 2023 and $8,333,000 shall be
20 available in each of fiscal years 2024 and 2025;
21 (5) $50,000,000 shall be for wildfire prediction,
22 detection, observation, modeling, and forecasting, for
23 fiscal year 2022;
24 (6) $1,000,000 shall be for the study of soil mois-
25 ture and snowpack monitoring network in the Upper
† HR 3684 EAS
2462
1 Missouri River Basin pursuant to section 511(b)(3) of
2 the Water Resources Development Act of 2020 (divi-
3 sion AA of Public Law 116–260), in equal amounts
4 for each of fiscal years 2022 through 2025;
5 (7) $150,000,000 shall be for marine debris as-
6 sessment, prevention, mitigation, and removal;
7 (8) $50,000,000 shall be for marine debris pre-
8 vention and removal through the National Sea Grant
9 College Program (33 U.S.C. 1121 et seq.);
10 (9) $207,000,000 shall be for habitat restoration
11 projects pursuant to section 310 of the Coastal Zone
12 Management Act (16 U.S.C. 1456c), including eco-
13 system conservation pursuant to section 12502 of the
14 Omnibus Public Land Management Act of 2009 (16
15 U.S.C. 1456–1), notwithstanding subsection (g) of
16 that section;
17 (10) $77,000,000 shall be for habitat restoration
18 projects through the National Estuarine Research Re-
19 serve System (16 U.S.C. 1456c), including ecosystem
20 conservation pursuant to section 12502 of the Omni-
21 bus Public Land Management Act of 2009 (16 U.S.C.
22 1456–1);
23 (11) $100,000,000 shall be for supporting im-
24 proved and enhanced coastal, ocean, and Great Lakes
25 observing systems;
† HR 3684 EAS
2463
1 (12) $56,000,000 shall be for established Re-
2 gional Ocean Partnerships (ROPs) to coordinate the
3 interstate and intertribal management of ocean and
4 coastal resources and to implement their priority ac-
5 tions, including to enhance associated sharing and in-
6 tegration of Federal and non-Federal data by ROPs,
7 or their equivalent;
8 (13) $20,000,000 shall be for consultations and
9 permitting related to the Endangered Species Act, the
10 Marine Mammal Protection Act, and Essential Fish
11 Habitat; and
12 (14) $400,000,000 shall be for restoring fish pas-
13 sage by removing in-stream barriers and providing
14 technical assistance pursuant to section 117 of the
15 Magnuson-Stevens Fishery Conservation and Manage-
16 ment Reauthorization Act of 2006 (16 U.S.C. 1891a),
17 of which up to 15 percent shall be reserved for Indian
18 Tribes or partnerships of Indian Tribes in conjunc-
19 tion with an institution of higher education, non-
20 profit, commercial (for profit) organizations, U.S. ter-
21 ritories, and state or local governments, and of which
22 the remaining amount shall be for all eligible entities,
23 including Indian Tribes and such partnerships of In-
24 dian Tribes:
† HR 3684 EAS
2464
1 Provided further, That under this heading the term Indian
2 Tribe shall have the meaning given to the term in section
3 4 of the Indian Self-Determination and Education Act (25
4 U.S.C. 5304): Provided further, That nothing under this
5 heading in this Act shall be construed as providing any
6 new authority to remove, breach, or otherwise alter the oper-
7 ations of a Federal hydropower dam and dam removal
8 projects shall include written consent of the dam owner, if
9 ownership is established: Provided further, That amounts
10 made available under this heading in this Act may be used
11 for consultations and permitting related to the Endangered
12 Species Act and the Marine Mammal Protection Act for
13 projects funded under this heading in this Act: Provided
14 further, That not later than 90 days after the date of enact-
15 ment of this Act, the National Oceanic and Atmospheric
16 Administration shall submit to the Committees on Appro-
17 priations of the House of Representatives and the Senate
18 a detailed spend plan for fiscal year 2022: Provided further,
19 That for each of fiscal years 2023 through 2026, as part
20 of the annual budget submission of the President under sec-
21 tion 1105(a) of title 31, United States Code, the Secretary
22 of Commerce shall submit a detailed spend plan for that
23 fiscal year: Provided further, That the Secretary may waive
24 or reduce the required non-Federal share for amounts made
25 available under this heading in this Act: Provided further,
† HR 3684 EAS
2465
1 That such amount is designated by the Congress as being
2 for an emergency requirement pursuant to section 4112(a)
3 of H. Con. Res. 71 (115th Congress), the concurrent resolu-
4 tion on the budget for fiscal year 2018, and to section 251(b)
5 of the Balanced Budget and Emergency Deficit Control Act
6 of 1985.
7 PROCUREMENT, ACQUISITION AND CONSTRUCTION
† HR 3684 EAS
2466
1 requirement pursuant to section 4112(a) of H. Con. Res.
2 71 (115th Congress), the concurrent resolution on the budget
3 for fiscal year 2018, and to section 251(b) of the Balanced
4 Budget and Emergency Deficit Control Act of 1985.
5 PACIFIC COASTAL SALMON RECOVERY
† HR 3684 EAS
2467
1 a detailed spend plan for that fiscal year: Provided further,
2 That the Secretary may waive or reduce the required non-
3 Federal share for amounts made available under this head-
4 ing in this Act: Provided further, That such amount is des-
5 ignated by the Congress as being for an emergency require-
6 ment pursuant to section 4112(a) of H. Con. Res. 71 (115th
7 Congress), the concurrent resolution on the budget for fiscal
8 year 2018, and to section 251(b) of the Balanced Budget
9 and Emergency Deficit Control Act of 1985.
10 TITLE III—ENERGY AND WATER DEVELOPMENT
11 AND RELATED AGENCIES
12 DEPARTMENT OF THE ARMY
13 CORPS OF ENGINEERS—CIVIL
14 INVESTIGATIONS
† HR 3684 EAS
2468
1 take work authorized to be carried out in accordance with
2 section 206 of the 1960 Flood Control Act (Public Law 86–
3 645), as amended: Provided further, That of the amount
4 provided under this heading in this Act, $75,000,000 shall
5 be used for necessary expenses related to the completion, or
6 initiation and completion, of studies which are authorized
7 prior to the date of enactment of this Act, of which
8 $30,000,000, to become available on October 1, 2022, shall
9 be used by the Secretary of the Army, acting through the
10 Chief of Engineers, to complete, or to initiate and complete,
11 studies carried out in accordance with section 118 of divi-
12 sion AA of the Consolidated Appropriations Act, 2021
13 (Public Law 116–260), except that the limitation on the
14 number of studies authorized to be carried out under section
15 118(b) and section 118(c) shall not apply: Provided further,
16 That not later than 60 days after the date of enactment
17 of this Act, the Chief of Engineers shall submit to the House
18 and Senate Committees on Appropriations a detailed spend
19 plan for the funds identified for fiscal year 2022 in the pre-
20 ceding proviso, including a list of project locations and new
21 studies selected to be initiated: Provided further, That not
22 later than 60 days after the date of enactment of this Act,
23 the Chief of Engineers shall provide a briefing to the House
24 and Senate Committees on Appropriations on an imple-
25 mentation plan, including a schedule for solicitation of
† HR 3684 EAS
2469
1 projects and expenditure of funds, for the funding provided
2 for fiscal year 2023 to undertake work authorized to be car-
3 ried out in accordance with section 118 of division AA of
4 the Consolidated Appropriations Act, 2021 (Public Law
5 116–260): Provided further, That for fiscal year 2023, as
6 part of the annual budget submission of the President under
7 section 1105(a) of title 31, United States Code, the Chief
8 of Engineers shall submit a detailed spend plan for that
9 fiscal year, including a list of project locations for the fund-
10 ing provided to undertake work authorized to be carried out
11 in accordance with section 118 of division AA of the Con-
12 solidated Appropriations Act, 2021 (Public Law 116–260):
13 Provided further, That beginning not later than 120 days
14 after the enactment of this Act, the Chief of Engineers shall
15 provide a monthly report to the Committees on Appropria-
16 tions of the House of Representatives and the Senate detail-
17 ing the allocation and obligation of the funds provided
18 under this heading in this Act, including new studies se-
19 lected to be initiated using funds provided under this head-
20 ing: Provided further, That such amount is designated by
21 the Congress as being for an emergency requirement pursu-
22 ant to section 4112(a) of H. Con. Res. 71 (115th Congress),
23 the concurrent resolution on the budget for fiscal year 2018,
24 and to section 251(b) of the Balanced Budget and Emer-
25 gency Deficit Control Act of 1985.
† HR 3684 EAS
2470
1 CONSTRUCTION
† HR 3684 EAS
2471
1 114–322): Provided further, That of the amount provided
2 under this heading in this Act, $200,000,000 shall be for
3 water-related environmental infrastructure assistance: Pro-
4 vided further, That of the amount provided under this head-
5 ing in this Act, $2,500,000,000 shall be for construction,
6 replacement, rehabilitation, and expansion of inland water-
7 ways projects: Provided further, That section 102(a) of the
8 Water Resources Development Act of 1986 (Public Law 99–
9 662; 33 U.S.C. 2212(a)) and section 109 of the Water Re-
10 sources Development Act of 2020 (Public Law 116–260; 134
11 Stat. 2624) shall not apply to the extent that such projects
12 are carried out using funds provided in the preceding pro-
13 viso: Provided further, That in using such funds referred
14 to in the preceding proviso, the Secretary shall give priority
15 to projects included in the Capital Investment Strategy of
16 the Corps of Engineers: Provided further, That of the
17 amount provided under this heading in this Act,
18 $465,000,000 shall be used by the Secretary of the Army,
19 acting through the Chief of Engineers, to undertake work
20 authorized to be carried out in accordance with section 14,
21 as amended, of the Flood Control Act of 1946 (33 U.S.C.
22 701r), section 103, as amended, of the River and Harbor
23 Act of 1962 (Public Law 87–874), section 107, as amended,
24 of the River and Harbor Act 1960 (Public Law 86–645),
25 section 204 of the Water Resources Development Act of 1992
† HR 3684 EAS
2472
1 (33 U.S.C. 2326), section 205 of the Flood Control Act of
2 1948 (33 U.S.C. 701s), section 206 of the Water Resources
3 Development Act of 1996 (Public Law 104–303; 33 U.S.C.
4 2330), section 1135 of the Water Resources Development Act
5 of 1986 (Public Law 99–662; 33 U.S.C. 2309a), or section
6 165(a) of division AA of the Consolidated Appropriations
7 Act, 2021 (Public Law 116–260), notwithstanding the
8 project number or program cost limitations set forth in
9 those sections: Provided further, That of the amounts in the
10 preceding proviso, $115,000,000, shall be used under the
11 aquatic ecosystem restoration program under section 206
12 of the Water Resources Development Act of 1996 (33 U.S.C.
13 2330) to restore fish and wildlife passage by removing in-
14 stream barriers and provide technical assistance to non-
15 Federal interests carrying out such activities, at full Fed-
16 eral expense and notwithstanding the individual project
17 cost limitation set forth in that section: Provided further,
18 That the amounts provided in the preceding proviso shall
19 not be construed to provide any new authority to remove,
20 breach, or otherwise alter the operations of a Federal hydro-
21 power dam, and do not limit the Secretary of the Army,
22 acting through the Chief of Engineers, from allotting addi-
23 tional funds from amounts provided under this heading in
24 this Act for other purposes allowed under section 206 of the
25 Water Resources Development Act of 1996 (33 U.S.C. 2330):
† HR 3684 EAS
2473
1 Provided further, That of the amount provided under this
2 heading in this Act, $1,900,000,000 shall be for aquatic eco-
3 system restoration projects, of which not less than
4 $1,000,000,000 shall be for multi-purpose projects or multi-
5 purpose programs that include aquatic ecosystem restora-
6 tion as a purpose: Provided further, That of the amount
7 provided under this heading in this Act, $2,550,000,000
8 shall be for coastal storm risk management, hurricane and
9 storm damage reduction projects, and related activities tar-
10 geting States that have been impacted by federally declared
11 disasters over the last six years, which may include projects
12 authorized by section 116 of Public Law 111–85, of which
13 not less than $1,000,000,000 shall be for multi-purpose
14 projects or multi-purpose programs that include flood risk
15 management benefits as a purpose: Provided further, That
16 of the amount provided in the preceding proviso,
17 $200,000,000 shall be for shore protection projects: Provided
18 further, That of the funds in the preceding proviso,
19 $100,000,000, to remain available until expended, shall be
20 made available for fiscal year 2022, $50,000,000, to remain
21 available until expended, shall be made available for fiscal
22 year 2023, and $50,000,000, to remain available until ex-
23 pended, shall be made available for fiscal year 2024: Pro-
24 vided further, That of the amount provided under this head-
25 ing in this Act, $2,500,000,000 shall be for inland flood risk
† HR 3684 EAS
2474
1 management projects, of which not less than $750,000,000
2 shall be for multi-purpose projects or multi-purpose pro-
3 grams that include flood risk management as a purpose:
4 Provided further, That in selecting projects under the pre-
5 vious proviso, the Secretary of the Army shall prioritize
6 projects with overriding life-safety benefits: Provided fur-
7 ther, That of the funds in the proviso preceding the pre-
8 ceding proviso, the Secretary of the Army shall, to the max-
9 imum extent practicable, prioritize projects in the work
10 plan that directly benefit economically disadvantaged com-
11 munities, and may take into consideration prioritizing
12 projects that benefit areas in which the percentage of people
13 that live in poverty or identify as belonging to a minority
14 group is greater than the average such percentage in the
15 United States, based on data from the Bureau of the Census:
16 Provided further, That not later than 60 days after the date
17 of enactment of this Act, the Chief of Engineers shall submit
18 to the House and Senate Committees on Appropriations a
19 detailed spend plan for the funds provided under this head-
20 ing in this Act for each fiscal year, including a list of
21 project locations and new construction projects selected to
22 be initiated: Provided further, That beginning not later
23 than 120 days after the enactment of this Act, the Chief
24 of Engineers shall provide a monthly report to the Commit-
25 tees on Appropriations of the House of Representatives and
† HR 3684 EAS
2475
1 the Senate detailing the allocation and obligation of these
2 funds, including new construction projects selected to be ini-
3 tiated using funds provided under this heading in this Act:
4 Provided further, That such amount is designated by the
5 Congress as being for an emergency requirement pursuant
6 to section 4112(a) of H. Con. Res. 71 (115th Congress), the
7 concurrent resolution on the budget for fiscal year 2018,
8 and to section 251(b) of the Balanced Budget and Emer-
9 gency Deficit Control Act of 1985.
10 MISSISSIPPI RIVER AND TRIBUTARIES
† HR 3684 EAS
2476
1 the date of enactment of this Act, the Chief of Engineers
2 shall submit to the House and Senate Committees on Ap-
3 propriations a detailed spend plan for fiscal year 2022, in-
4 cluding a list of project locations and construction projects
5 selected to be initiated: Provided further, That of the
6 amount provided under this heading in this Act, such sums
7 as are necessary to cover the Federal share of eligible oper-
8 ation and maintenance costs for inland harbors shall be de-
9 rived from the general fund of the Treasury: Provided fur-
10 ther, That beginning not later than 120 days after the en-
11 actment of this Act, the Chief of Engineers shall provide
12 a monthly report to the Committees on Appropriations of
13 the House of Representatives and the Senate detailing the
14 allocation and obligation of these funds, including construc-
15 tion projects selected to be initiated using funds provided
16 under this heading in this Act: Provided further, That such
17 amount is designated by the Congress as being for an emer-
18 gency requirement pursuant to section 4112(a) of H. Con.
19 Res. 71 (115th Congress), the concurrent resolution on the
20 budget for fiscal year 2018, and to section 251(b) of the
21 Balanced Budget and Emergency Deficit Control Act of
22 1985.
† HR 3684 EAS
2477
1 OPERATION AND MAINTENANCE
† HR 3684 EAS
2478
1 than for the amount for natural disasters identified in the
2 second proviso: Provided further, That for fiscal years 2023
3 and 2024, as part of the annual budget submission of the
4 President under section 1105(a) of title 31, United States
5 Code, the Chief of Engineers shall submit a detailed spend
6 plan for that fiscal year, including a list of project loca-
7 tions: Provided further, That of the amount provided under
8 this heading in this Act, such sums as are necessary to cover
9 the Federal share of eligible operation and maintenance
10 costs for coastal harbors and channels, and for inland har-
11 bors shall be derived from the general fund of the Treasury:
12 Provided further, That up to three percent of the amounts
13 made available under this heading in this Act for any fiscal
14 year may be transferred to ‘‘Regulatory Program’’ or ‘‘Ex-
15 penses’’ to carry out activities funded by those accounts:
16 Provided further, That the Committees on Appropriations
17 of the Senate and the House of Representatives shall be noti-
18 fied at least 30 days in advance of any transfer made pur-
19 suant to the preceding proviso: Provided further, That such
20 amount is designated by the Congress as being for an emer-
21 gency requirement pursuant to section 4112(a) of H. Con.
22 Res. 71 (115th Congress), the concurrent resolution on the
23 budget for fiscal year 2018, and to section 251(b) of the
24 Balanced Budget and Emergency Deficit Control Act of
25 1985.
† HR 3684 EAS
2479
1 REGULATORY PROGRAM
† HR 3684 EAS
2480
1 That such amount is designated by the Congress as being
2 for an emergency requirement pursuant to section 4112(a)
3 of H. Con. Res. 71 (115th Congress), the concurrent resolu-
4 tion on the budget for fiscal year 2018, and to section 251(b)
5 of the Balanced Budget and Emergency Deficit Control Act
6 of 1985.
7 WATER INFRASTRUCTURE FINANCE AND INNOVATION
8 PROGRAM ACCOUNT
† HR 3684 EAS
2481
1 nance and Innovation Act of 2014: Provided further, That
2 such amount is designated by the Congress as being for an
3 emergency requirement pursuant to section 4112(a) of H.
4 Con. Res. 71 (115th Congress), the concurrent resolution on
5 the budget for fiscal year 2018, and to section 251(b) of
6 the Balanced Budget and Emergency Deficit Control Act
7 of 1985.
8 GENERAL PROVISIONS—CORPS OF ENGINEERS
9 SEC. 300. For projects that are carried out with funds
10 under this heading, the Secretary of the Army and the Di-
11 rector of the Office of Management and Budget shall con-
12 sider other factors in addition to the benefit-cost ratio when
13 determining the economic benefits of projects that benefit
14 disadvantaged communities.
15 DEPARTMENT OF THE INTERIOR
16 CENTRAL UTAH PROJECT
17 CENTRAL UTAH PROJECT COMPLETION ACCOUNT
† HR 3684 EAS
2482
1 Congress), the concurrent resolution on the budget for fiscal
2 year 2018, and to section 251(b) of the Balanced Budget
3 and Emergency Deficit Control Act of 1985.
4 BUREAU OF RECLAMATION
5 WATER AND RELATED RESOURCES
† HR 3684 EAS
2483
1 further, That of the amount provided under this heading
2 in this Act, $3,200,000,000 shall be available for transfer
3 into the Aging Infrastructure Account established by section
4 9603(d)(1) of the Omnibus Public Land Management Act
5 of 2009, as amended (43 U.S.C. 510b(d)(1)): Provided fur-
6 ther, That of the funds identified in the preceding proviso,
7 $100,000,000 shall be made available for reserved or trans-
8 ferred works that have suffered a critical failure, in accord-
9 ance with section 40904(a) of division D of this Act, and
10 $100,000,000 shall be made available for dam rehabilita-
11 tion, reconstruction, or replacement in accordance with sec-
12 tion 40904(b) of division D of this Act: Provided further,
13 That of the amount provided under this heading in this
14 Act for fiscal years 2022 through 2026, $1,000,000,000 shall
15 be for rural water projects that have been authorized by an
16 Act of Congress before July 1, 2021, in accordance with the
17 Reclamation Rural Water Supply Act of 2006 (43 U.S.C.
18 2401 et seq.): Provided further, That of the amount provided
19 under this heading in this Act for fiscal years 2022 through
20 2026, $1,000,000,000 shall be for water recycling and reuse
21 projects: Provided further, That of the funds identified in
22 the preceding proviso, $550,000,000 shall be for water recy-
23 cling and reuse projects authorized in accordance with the
24 Reclamation Wastewater and Groundwater Study and Fa-
25 cilities Act (42 U.S.C. 390h et seq.), as described in section
† HR 3684 EAS
2484
1 40901(4)(A) of division D of this Act, and $450,000,000
2 shall be for large-scale water recycling and reuse projects
3 in accordance with section 40905 of division D of this Act:
4 Provided further, That of the amount provided under this
5 heading in this Act for fiscal years 2022 through 2026,
6 $250,000,000 shall be for water desalination projects in ac-
7 cordance with the Water Desalinization Act of 1996 (42
8 U.S.C. 10301 note; Public Law 104–298), as described in
9 section 40901(5) of division D of this Act: Provided further,
10 That of the amount provided under this heading in this
11 Act for fiscal years 2022 through 2026, $500,000,000 shall
12 be for the safety of dams program, in accordance with the
13 Reclamation Safety of Dams Act of 1978 (43 U.S.C. 506
14 et seq.): Provided further, That of the amount provided
15 under this heading in this Act for fiscal years 2022 through
16 2026, $400,000,000 shall be for WaterSMART Grants in
17 accordance with section 9504 of the Omnibus Public Land
18 Management Act of 2009 (42 U.S.C. 10364): Provided fur-
19 ther, That of the funds identified in the preceding proviso,
20 $100,000,000 shall be for projects that would improve the
21 condition of a natural feature or nature-based feature, as
22 described in section 40901(7) of division D of this Act: Pro-
23 vided further, That of the amount provided under this head-
24 ing in this Act for fiscal years 2022 through 2026,
25 $300,000,000 shall be for implementing the drought contin-
† HR 3684 EAS
2485
1 gency plan consistent with the obligations of the Secretary
2 under the Colorado River Drought Contingency Plan Au-
3 thorization Act (Public Law 116–14; 133 Stat. 850), as de-
4 scribed in section 40901(8) of division D of this Act: Pro-
5 vided further, That of the funds identified in the preceding
6 proviso, $50,000,000 shall be for use in accordance with the
7 Drought Contingency Plan for the Upper Colorado River
8 Basin: Provided further, That of the amount provided
9 under this heading in this Act for fiscal years 2022 through
10 2026, $100,000,000 shall be to provide financial assistance
11 for watershed management projects in accordance with sub-
12 title A of title VI of the Omnibus Public Land Management
13 Act of 2009 (16 U.S.C. 1015 et seq.): Provided further, That
14 of the amount provided under this heading in this Act for
15 fiscal years 2022 through 2026, $250,000,000 shall be for
16 design, study and construction of aquatic ecosystem restora-
17 tion and protection projects in accordance with section
18 1109 of the Consolidated Appropriations Act, 2021: Pro-
19 vided further, That of the amount provided under this head-
20 ing in this Act for fiscal years 2022 through 2026,
21 $100,000,000 shall be for multi-benefit projects to improve
22 watershed health in accordance with section 40907 of divi-
23 sion D of this Act: Provided further, That of the amounts
24 provided under this heading in this Act for fiscal years
25 2022 through 2026, $50,000,000 shall be for endangered spe-
† HR 3684 EAS
2486
1 cies recovery and conservation programs in the Colorado
2 River Basin in accordance with Public Law 106–392, title
3 XVIII of Public Law 102–575, and subtitle E of title IX
4 of Public Law 111–11: Provided further, That up to three
5 percent of the amounts made available under this heading
6 in this Act in each of fiscal years 2022 through 2026 shall
7 be for program administration and policy expenses: Pro-
8 vided further, That not later than 60 days after the date
9 of enactment of this Act, the Secretary of the Interior shall
10 submit to the House and Senate Committees on Appropria-
11 tions a detailed spend plan, including a list of project loca-
12 tions of the preceding proviso, to be funded for fiscal year
13 2022: Provided further, That beginning not later than 120
14 days after the enactment of this Act, the Secretary of the
15 Interior shall provide a monthly report to the Committees
16 on Appropriations of the House of Representatives and the
17 Senate detailing the allocation and obligation of the funds
18 provided under this heading in this Act: Provided further,
19 That for fiscal years 2023 through 2026, as part of the an-
20 nual budget submission of the President under section
21 1105(a) of title 31, United States Code, the Secretary of
22 the Interior shall submit a detailed spend plan for those
23 fiscal years, including a list of project locations: Provided
24 further, That such amount is designated by the Congress
25 as being for an emergency requirement pursuant to section
† HR 3684 EAS
2487
1 4112(a) of H. Con. Res. 71 (115th Congress), the concurrent
2 resolution on the budget for fiscal year 2018, and to section
3 251(b) of the Balanced Budget and Emergency Deficit Con-
4 trol Act of 1985.
5 DEPARTMENT OF ENERGY
6 ENERGY PROGRAMS
7 ENERGY EFFICIENCY AND RENEWABLE ENERGY
8 For an additional amount for ‘‘Energy Efficiency and
9 Renewable Energy’’, $16,264,000,000 to remain available
10 until expended: Provided, That of the amount provided
11 under this heading in this Act, $250,000,000 shall be for
12 activities for the Energy Efficiency Revolving Loan Fund
13 Capitalization Grant Program, as authorized under section
14 40502 of division D of this Act: Provided further, That of
15 the amount provided under this heading in this Act,
16 $40,000,000 shall be for grants for the Energy Auditor
17 Training Grant Program, as authorized under section
18 40503 of division D of this Act: Provided further, That of
19 the amount provided under the heading in this Act,
20 $225,000,000 shall be for grants for implementing of up-
21 dated building energy codes, as authorized under section
22 309 of the Energy Conservation and Production Act (42
23 U.S.C. 6831 et seq.), as amended by section 40511(a) of di-
24 vision D of this Act: Provided further, That of the funds
25 in the preceding proviso, $45,000,000, to remain available
† HR 3684 EAS
2488
1 until expended, shall be made available for fiscal year 2022,
2 $45,000,000, to remain available until expended, shall be
3 made available for fiscal year 2023, $45,000,000, to remain
4 available until expended, shall be made available for fiscal
5 year 2024, $45,000,000, to remain available until expended,
6 shall be made available for fiscal year 2025, and
7 $45,000,000, to remain available until expended, shall be
8 made available for fiscal year 2026: Provided further, That
9 of the amount provided under this heading in this Act,
10 $10,000,000 shall be for Building, Training, and Assess-
11 ment Centers, as authorized under section 40512 of division
12 D of this Act: Provided further, That of the amount pro-
13 vided under this heading in this Act, $10,000,000 shall be
14 for grants for Career Skills Training, as authorized under
15 section 40513 of division D of this Act: Provided further,
16 That of the amount provided under this heading in this
17 Act, $150,000,000 shall be for activities for Industrial Re-
18 search and Assessment Centers, as authorized under sub-
19 sections (a) through (h) of section 457 of the Energy Inde-
20 pendence and Security Act of 2007 (42 U.S.C. 17111 et
21 seq.), as amended by section 40521(b) of division D of this
22 Act: Provided further, That of the funds in the preceding
23 proviso, $30,000,000, to remain available until expended,
24 shall be made available for fiscal year 2022, $30,000,000,
25 to remain available until expended, shall be made available
† HR 3684 EAS
2489
1 for fiscal year 2023, $30,000,000, to remain available until
2 expended, shall be made available for fiscal year 2024,
3 $30,000,000, to remain available until expended, shall be
4 made available for fiscal year 2025, and $30,000,000, to
5 remain available until expended, shall be made available
6 for fiscal year 2026: Provided further, That of the amount
7 provided under this heading in this Act, $400,000,000 shall
8 be for activities for Implementation Grants for Industrial
9 Research and Assessment Centers, as authorized under sec-
10 tion 457(i) of the Energy Independence and Security Act
11 of 2007 (42 U.S.C. 17111 et seq.), as amended by section
12 40521(b) of division D of this Act: Provided further, That
13 of the funds in the preceding two provisos, $80,000,000, to
14 remain available until expended, shall be made available
15 for fiscal year 2022, $80,000,000, to remain available until
16 expended, shall be made available for fiscal year 2023,
17 $80,000,000, to remain available until expended, shall be
18 made available for fiscal year 2024, $80,000,000, to remain
19 available until expended, shall be made available for fiscal
20 year 2025, and $80,000,000, to remain available until ex-
21 pended, shall be made available for fiscal year 2026: Pro-
22 vided further, That of the amount provided under this head-
23 ing in this Act, $50,000,000 shall be for carrying out activi-
24 ties for Manufacturing Leadership, as authorized under sec-
25 tion 40534 of division D of this Act: Provided further, That
† HR 3684 EAS
2490
1 of the amount provided under this heading in this Act,
2 $500,000,000 shall be for grants for Energy Efficiency Im-
3 provements and Renewable Energy Improvements at Public
4 School Facilities, as authorized under section 40541 of divi-
5 sion D of this Act: Provided further, That of the funds in
6 the preceding proviso, $100,000,000, to remain available
7 until expended, shall be made available for fiscal year 2022,
8 $100,000,000, to remain available until expended, shall be
9 made available for fiscal year 2023, $100,000,000, to re-
10 main available until expended, shall be made available for
11 fiscal year 2024, $100,000,000, to remain available until
12 expended, shall be made available for fiscal year 2025, and
13 $100,000,000, to remain available until expended, shall be
14 made available for fiscal year 2026: Provided further, That
15 of the amount provided under this heading in this Act,
16 $50,000,000 shall be for grants for the Energy Efficiency
17 Materials Pilot Program, as authorized under section 40542
18 of division D of this Act: Provided further, That of the
19 amount provided under this heading in this Act and in ad-
20 dition to amounts otherwise made available for this pur-
21 pose, $3,500,000,000 shall be for carrying out activities for
22 the Weatherization Assistance Program, as authorized
23 under part A of title IV of the Energy Conservation and
24 Production Act (42 U.S.C. 6861 et seq.): Provided further,
25 That of the amount provided under this heading in this
† HR 3684 EAS
2491
1 Act and in addition to amounts otherwise made available
2 for this purpose, $550,000,000 shall be for carrying out ac-
3 tivities for the Energy Efficiency and Conservation Block
4 Grant Program, as authorized under section 542(a) of the
5 Energy Independence and Security Act of 2007 (42 U.S.C.
6 17152(a)): Provided further, That of the amount provided
7 under this heading in this Act, $250,000,000 shall be for
8 grants for the Assisting Federal Facilities with Energy
9 Conservation Technologies Grant Program, as authorized
10 under section 546(b) of the National Energy Conservation
11 Policy Act (42 U.S.C. 8256(b)): Provided further, That of
12 the amount provided under this heading in this Act,
13 $10,000,000 shall be for extended product system rebates,
14 as authorized under section 1005 of the Energy Act of 2020
15 (42 U.S.C. 6311 note; Public Law 116–260): Provided fur-
16 ther, That of the amount provided under this heading in
17 this Act, $10,000,000 shall be for energy efficient trans-
18 former rebates, as authorized under section 1006 of the En-
19 ergy Act of 2020 (42 U.S.C. 6317 note; Public Law 116–
20 260): Provided further, That of the amount provided under
21 this heading in this Act, $3,000,000,000, to remain avail-
22 able until expended, shall be for Battery Material Proc-
23 essing Grants, as authorized under section 40207(b) of divi-
24 sion D of this Act: Provided further, That of the funds in
25 the preceding proviso, $600,000,000, to remain available
† HR 3684 EAS
2492
1 until expended, shall be made available for fiscal year 2022,
2 $600,000,000, to remain available until expended, shall be
3 made available for fiscal year 2023, $600,000,000, to re-
4 main available until expended, shall be made available for
5 fiscal year 2024, $600,000,000, to remain available until
6 expended, shall be made available for fiscal year 2025, and
7 $600,000,000, to remain available until expended, shall be
8 made available for fiscal year 2026: Provided further, That
9 of the amount provided under this heading in this Act,
10 $3,000,000,000 shall be for Battery Manufacturing and Re-
11 cycling Grants, as authorized under section 40207(c) of di-
12 vision D of this Act: Provided further, That of the funds
13 in the preceding proviso, $600,000,000, to remain available
14 until expended, shall be made available for fiscal year 2022,
15 $600,000,000, to remain available until expended, shall be
16 made available for fiscal year 2023, $600,000,000, to re-
17 main available until expended, shall be made available for
18 fiscal year 2024, $600,000,000, to remain available until
19 expended, shall be made available for fiscal year 2025, and
20 $600,000,000, to remain available until expended, shall be
21 made available for fiscal year 2026: Provided further, That
22 of the amount provided under this heading in this Act,
23 $125,000,000 shall be to carry out activities, as authorized
24 under section 40207(f) of division D of this Act: Provided
25 further, That of the amount provided under this heading
† HR 3684 EAS
2493
1 in this Act, $10,000,000 shall be for a Lithium-Ion Battery
2 Recycling Prize Competition, as authorized under section
3 40207(e) of division D of this Act: Provided further, That
4 of the amount provided under this heading in this Act,
5 $200,000,000 shall be for grants for the Electric Drive Vehi-
6 cle Battery Recycling and Second-Life Applications Pro-
7 gram, as authorized under subsection (k) of section 641 of
8 the Energy Independence and Security Act of 2007 (42
9 U.S.C. 17231), as amended by section 40208(1) of division
10 D of this Act: Provided further, That of the funds in the
11 preceding proviso, $40,000,000, to remain available until
12 expended, shall be made available for fiscal year 2022,
13 $40,000,000, to remain available until expended, shall be
14 made available for fiscal year 2023, $40,000,000, to remain
15 available until expended, shall be made available for fiscal
16 year 2024, $40,000,000, to remain available until expended,
17 shall be made available for fiscal year 2025, and
18 $40,000,000, to remain available until expended, shall be
19 made available for fiscal year 2026: Provided further, That
20 of the amount provided under this heading in this Act,
21 $750,000,000 shall be for grants for the Advanced Energy
22 Manufacturing and Recycling Grant Program, as author-
23 ized under section 40209 of division D of this Act: Provided
24 further, That of the funds in the preceding proviso,
25 $150,000,000, to remain available until expended, shall be
† HR 3684 EAS
2494
1 made available for fiscal year 2022, $150,000,000, to re-
2 main available until expended, shall be made available for
3 fiscal year 2023, $150,000,000, to remain available until
4 expended, shall be made available for fiscal year 2024,
5 $150,000,000, to remain available until expended, shall be
6 made available for fiscal year 2025, and $150,000,000, to
7 remain available until expended, shall be made available
8 for fiscal year 2026: Provided further, That of the amount
9 provided under this heading in this Act, $500,000,000 shall
10 be for activities for the Clean Hydrogen Manufacturing Re-
11 cycling Research, Development, and Demonstration Pro-
12 gram, as authorized under section 815 of the Energy Policy
13 Act of 2005 (42 U.S.C. 16151 et seq.), as amended by sec-
14 tion 40314 of division D of this Act: Provided further, That
15 of the funds in the preceding proviso, $100,000,000, to re-
16 main available until expended, shall be made available for
17 fiscal year 2022, $100,000,000, to remain available until
18 expended, shall be made available for fiscal year 2023,
19 $100,000,000, to remain available until expended, shall be
20 made available for fiscal year 2024, $100,000,000, to re-
21 main available until expended, shall be made available for
22 fiscal year 2025, and $100,000,000, to remain available
23 until expended, shall be made available for fiscal year 2026:
24 Provided further, That of the amount provided under the
25 heading in this Act, $1,000,000,000 shall be for activities
† HR 3684 EAS
2495
1 for the Clean Hydrogen Electrolysis Program, as authorized
2 under section 816 of the Energy Policy Act of 2005 (42
3 U.S.C. 16151 et seq.), as amended by section 40314 of divi-
4 sion D of this Act: Provided further, That of the funds in
5 the preceding proviso, $200,000,000, to remain available
6 until expended, shall be made available for fiscal year 2022,
7 $200,000,000, to remain available until expended, shall be
8 made available for fiscal year 2023, $200,000,000, to re-
9 main available until expended, shall be made available for
10 fiscal year 2024, $200,000,000, to remain available until
11 expended, shall be made available for fiscal year 2025, and
12 $200,000,000, to remain available until expended, shall be
13 made available for fiscal year 2026: Provided further, That
14 of the amount provided under this heading in this Act,
15 $500,000,000 shall be for carrying out activities for the
16 State Energy Program, as authorized under part D of title
17 III of the Energy Policy and Conservation Act (42 U.S.C.
18 6321 et seq.), as amended by section 40109 of division D
19 of this Act: Provided further, That of the amount provided
20 under this heading in this Act, $125,000,000 shall be for
21 carrying out activities under section 242 of the Energy Pol-
22 icy Act of 2005 (42 U.S.C. 15881), as amended by section
23 40331 of division D of this Act: Provided further, That of
24 the amount provided under this heading in this Act,
25 $75,000,000 shall be for carrying out activities under sec-
† HR 3684 EAS
2496
1 tion 243 of the Energy Policy Act of 2005 (42 U.S.C.
2 15882), as amended by section 40332 of division D of this
3 Act: Provided further, That of the amount provided under
4 this heading in this Act, $553,600,000 shall be for activities
5 for Hydroelectric Incentives, as authorized under section
6 247 of the Energy Policy Act of 2005 (Public Law 109–
7 58; 119 Stat. 674), as amended by section 40333(a) of divi-
8 sion D of this Act: Provided further, That of the funds in
9 the preceding proviso, $276,800,000, to remain available
10 until expended, shall be made available for fiscal year 2022,
11 $276,800,000, to remain available until expended, shall be
12 made available for fiscal year 2023: Provided further, That
13 of the amount provided under the heading in this Act,
14 $10,000,000 shall be for activities for the Pumped Storage
15 Hydropower Wind and Solar Integration and System Reli-
16 ability Initiative, as authorized under section 3201 of the
17 Energy Policy Act of 2020 (42 U.S.C. 17232), as amended
18 by section 40334 of division D of this Act: Provided further,
19 That of the amount provided under this heading in this
20 Act, $36,000,000 shall be for carrying out activities, as au-
21 thorized under section 634 of the Energy Independence and
22 Security Act of 2007 (42 U.S.C. 17213): Provided further,
23 That of the amount provided under this heading in this
24 Act, $70,400,000 shall be for carrying out activities, as au-
25 thorized under section 635 of the Energy Independence and
† HR 3684 EAS
2497
1 Security Act of 2007 (42 U.S.C.17214): Provided further,
2 That of the amount provided under this heading in this
3 Act, $40,000,000 shall be for carrying out activities for the
4 National Marine Energy Centers, as authorized under sec-
5 tion 636 of the Energy Independence and Security Act of
6 2007 (42 U.S.C. 17215): Provided further, That of the
7 amount provided under this heading in this Act,
8 $84,000,000 shall be for carrying out activities under sec-
9 tion 615(d) of the Energy Independence and Security Act
10 of 2007 (42 U.S.C. 17194(d)): Provided further, That of the
11 amount provided under this heading in this Act,
12 $60,000,000 shall be for carrying out activities for the Wind
13 Energy Technology Program, as authorized under section
14 3003(b)(2) of the Energy Act of 2020 (42 U.S.C.
15 16237(b)(2)): Provided further, That of the amount pro-
16 vided under this heading in this Act, $40,000,000 shall be
17 for carrying out activities for the Wind Energy Technology
18 Recycling Research, Development, and Demonstration Pro-
19 gram, as authorized under section 3003(b)(4) of the Energy
20 Act of 2020 (42 U.S.C. 16237(b)(4)): Provided further, That
21 of the amount provided under this heading in this Act,
22 $40,000,000 shall be for carrying out activities under sec-
23 tion 3004(b)(2) of the Energy Act of 2020 (42 U.S.C.
24 16238(b)(2)): Provided further, That of the amount pro-
25 vided under this heading in this Act, $20,000,000 shall be
† HR 3684 EAS
2498
1 for carrying out activities under section 3004(b)(3) of the
2 Energy Act of 2020 (42 U.S.C. 16238(b)(3)): Provided fur-
3 ther, That of the amount provided under this heading in
4 this Act, $20,000,000 shall be for carrying out activities
5 under section 3004(b)(4) of the Energy Act of 2020 (42
6 U.S.C. 16238(b)(4)): Provided further, That not later than
7 90 days after the date of enactment of this Act, the Sec-
8 retary of Energy shall submit to the House and Senate
9 Committees on Appropriations and the Senate Committee
10 on Energy and Natural Resources and the House Com-
11 mittee on Energy and Commerce a detailed spend plan for
12 fiscal year 2022: Provided further, That for each fiscal year
13 through 2026, as part of the annual budget submission of
14 the President under section 1105(a) of title 31, United
15 States Code, the Secretary of Energy shall submit a detailed
16 spend plan for that fiscal year: Provided further, That up
17 to three percent of the amounts made available under this
18 heading in this Act in each of fiscal years 2022 through
19 2026 shall be for program direction: Provided further, That
20 such amount is designated by the Congress as being for an
21 emergency requirement pursuant to section 4112(a) of H.
22 Con. Res. 71 (115th Congress), the concurrent resolution on
23 the budget for fiscal year 2018, and to section 251(b) of
24 the Balanced Budget and Emergency Deficit Control Act
25 of 1985.
† HR 3684 EAS
2499
1 CYBERSECURITY, ENERGY SECURITY, AND EMERGENCY
2 RESPONSE
3 For an additional amount for ‘‘Cybersecurity, Energy
4 Security, and Emergency Response’’, $550,000,000, to re-
5 main available until expended: Provided, That of the
6 amount provided under this heading in this Act,
7 $250,000,000 shall be to carry out activities under the Cy-
8 bersecurity for the Energy Sector Research, Development,
9 and Demonstration Program, as authorized in section
10 40125(b) of division D of this Act: Provided further, That
11 of the funds in the preceding proviso, $50,000,000, to re-
12 main available until expended, shall be made available for
13 fiscal year 2022, $50,000,000, to remain available until ex-
14 pended, shall be made available for fiscal year 2023,
15 $50,000,000, to remain available until expended, shall be
16 made available for fiscal year 2024, $50,000,000, to remain
17 available until expended, shall be made available for fiscal
18 year 2025, and $50,000,000, to remain available until ex-
19 pended, shall be made available for fiscal year 2026: Pro-
20 vided further, That of the amount provided under this head-
21 ing in this Act, $50,000,000 shall be to carry out activities
22 under the Energy Sector Operational Support for
23 Cyberresilience Program, as authorized in section 40125(c)
24 of division D of this Act: Provided further, That of the
25 amount provided under this heading in this Act,
† HR 3684 EAS
2500
1 $250,000,000, to carry out activities under the Rural and
2 Municipal Utility Advanced Cybersecurity Grant and
3 Technical Assistance Program, as authorized in section
4 40124 of division D of this Act: Provided further, That
5 $50,000,000, to remain available until expended, shall be
6 made available for fiscal year 2022, $50,000,000, to remain
7 available until expended, shall be made available for fiscal
8 year 2023, $50,000,000, to remain available until expended,
9 shall be made available for fiscal year 2024, $50,000,000,
10 to remain available until expended, shall be made available
11 for fiscal year 2025, and $50,000,000, to remain available
12 until expended, shall be made available for fiscal year 2026:
13 Provided further, That not later than 90 days after the date
14 of enactment of this Act, the Secretary of Energy shall sub-
15 mit to the House and Senate Committees on Appropriations
16 and the Senate Committee on Energy and Natural Re-
17 sources and the House Committee on Energy and Commerce
18 a detailed spend plan for fiscal year 2022: Provided further,
19 That for each fiscal year through 2026, as part of the an-
20 nual budget submission of the President under section
21 1105(a) of title 31, United States Code, the Secretary of
22 Energy shall submit a detailed spend plan for that fiscal
23 year: Provided further, That up to three percent of the
24 amounts made available under this heading in this Act in
25 each of fiscal years 2022 through 2026 shall be for program
† HR 3684 EAS
2501
1 direction: Provided further, That such amount is designated
2 by the Congress as being for an emergency requirement pur-
3 suant to section 4112(a) of H. Con. Res. 71 (115th Con-
4 gress), the concurrent resolution on the budget for fiscal year
5 2018, and to section 251(b) of the Balanced Budget and
6 Emergency Deficit Control Act of 1985.
7 ELECTRICITY
8 For an additional amount for ‘‘Electricity’’,
9 $8,100,000,000, to remain available until expended: Pro-
10 vided, That of the amount provided under this heading in
11 this Act, $5,000,000,000 shall be for grants under section
12 40101 of division D of this Act: Provided further, That of
13 the funds in the preceding proviso, $1,000,000,000, to re-
14 main available until expended, shall be made available for
15 fiscal year 2022, $1,000,000,000, to remain available until
16 expended, shall be made available for fiscal year 2023,
17 $1,000,000,000, to remain available until expended, shall
18 be made available for fiscal year 2024, $1,000,000,000, to
19 remain available until expended, shall be made available
20 for fiscal year 2025, and $1,000,000,000, to remain avail-
21 able until expended, shall be made available for fiscal year
22 2026: Provided further, That of the amount provided under
23 this heading in this Act, $50,000,000 shall be to carry out
24 the Transmission Facilitation Program, including for any
25 administrative expenses of carrying out the program, as au-
† HR 3684 EAS
2502
1 thorized in section 40106(d)(3) of division D of this Act:
2 Provided further, That of the funds in the preceding proviso,
3 $10,000,000, to remain available until expended, shall be
4 made available for fiscal year 2022, $10,000,000, to remain
5 available until expended, shall be made available for fiscal
6 year 2023, $10,000,000, to remain available until expended,
7 shall be made available for fiscal year 2024, $10,000,000,
8 to remain available until expended, shall be made available
9 for fiscal year 2025, and $10,000,000, to remain available
10 until expended, shall be made available for fiscal year 2026:
11 Provided further, That of the amount provided under this
12 heading in this Act and in addition to amounts otherwise
13 made available for this purpose, $3,000,000,000, to remain
14 available until expended, shall be to carry out activities
15 under the Smart Grid Investment Matching Grant Pro-
16 gram, as authorized in section 1306 of the Energy Inde-
17 pendence and Security Act of 2007 (42 U.S.C. 17386), as
18 amended by section 40107 of division D of this Act: Pro-
19 vided further, That of the funds in the preceding proviso,
20 $600,000,000, to remain available until expended, shall be
21 made available for fiscal year 2022, $600,000,000, to re-
22 main available until expended, shall be made available for
23 fiscal year 2023, $600,000,000, to remain available until
24 expended, shall be made available for fiscal year 2024,
25 $600,000,000, to remain available until expended, shall be
† HR 3684 EAS
2503
1 made available for fiscal year 2025, and $600,000,000, to
2 remain available until expended, shall be made available
3 for fiscal year 2026: Provided further, That of the amount
4 provided under this heading in this Act, $50,000,000 shall
5 be to carry out an advanced energy security program to
6 secure energy networks, as authorized under section
7 40125(d) of division D of this Act: Provided further, That
8 not later than 90 days after the date of enactment of this
9 Act, the Secretary of Energy shall submit to the House and
10 Senate Committees on Appropriations and the Senate Com-
11 mittee on Energy and Natural Resources and the House
12 Committee on Energy and Commerce a detailed spend plan
13 for fiscal year 2022: Provided further, That for each fiscal
14 year through 2026, as part of the annual budget submission
15 of the President under section 1105(a) of title 31, United
16 States Code, the Secretary of Energy shall submit a detailed
17 spend plan for that fiscal year: Provided further, That up
18 to three percent of the amounts made available under this
19 heading in this Act in each of fiscal years 2022 through
20 2026 shall be for program direction: Provided further, That
21 such amount is designated by the Congress as being for an
22 emergency requirement pursuant to section 4112(a) of H.
23 Con. Res. 71 (115th Congress), the concurrent resolution on
24 the budget for fiscal year 2018, and to section 251(b) of
† HR 3684 EAS
2504
1 the Balanced Budget and Emergency Deficit Control Act
2 of 1985.
3 NUCLEAR ENERGY
4 For an additional amount for ‘‘Nuclear Energy’’,
5 $6,000,000,000, to remain available until expended, to
6 carry out activities under the Civil Nuclear Credit Pro-
7 gram, as authorized in section 40323 of division D of this
8 Act: Provided, That $1,200,000,000, to remain available
9 until expended, shall be made available for fiscal year 2022,
10 $1,200,000,000, to remain available until expended, shall
11 be made available for fiscal year 2023, $1,200,000,000, to
12 remain available until expended, shall be made available
13 for fiscal year 2024, $1,200,000,000, to remain available
14 until expended, shall be made available for fiscal year 2025,
15 and $1,200,000,000, to remain available until expended,
16 shall be made available for fiscal year 2026: Provided fur-
17 ther, That not later than 90 days after the date of enactment
18 of this Act, the Secretary of Energy shall submit to the
19 House and Senate Committees on Appropriations a detailed
20 spend plan for fiscal year 2022: Provided further, That for
21 each fiscal year through 2026, as part of the annual budget
22 submission of the President under section 1105(a) of title
23 31, United States Code, the Secretary of Energy shall sub-
24 mit a detailed spend plan for that fiscal year: Provided fur-
25 ther, That up to $36,000,000 of the amount provided under
† HR 3684 EAS
2505
1 this heading in this Act shall be made available in each
2 of fiscal years 2022 through 2026 for program direction:
3 Provided further, That such amount is designated by the
4 Congress as being for an emergency requirement pursuant
5 to section 4112(a) of H. Con. Res. 71 (115th Congress), the
6 concurrent resolution on the budget for fiscal year 2018,
7 and to section 251(b) of the Balanced Budget and Emer-
8 gency Deficit Control Act of 1985.
9 FOSSIL ENERGY AND CARBON MANAGEMENT
10 For an additional amount for ‘‘Fossil Energy and
11 Carbon Management’’, $7,497,140,781, to remain available
12 until expended: Provided, That of the amount provided
13 under this heading in this Act, $310,140,781 shall be to
14 carry out activities under the Carbon Utilization Program,
15 as authorized in section 969A of the Energy Policy Act of
16 2005 (42 U.S.C. 16298a), as amended by section 40302 of
17 division D of this Act: Provided further, That of the funds
18 in the preceding proviso, $41,000,000, to remain available
19 until expended, shall be made available for fiscal year 2022,
20 $65,250,000, to remain available until expended, shall be
21 made available for fiscal year 2023, $66,562,500, to remain
22 available until expended, shall be made available for fiscal
23 year 2024, $67,940,625, to remain available until expended,
24 shall be made available for fiscal year 2025, and
25 $69,387,656, to remain available until expended, shall be
† HR 3684 EAS
2506
1 made available for fiscal year 2026: Provided further, That
2 of the amount provided under this heading in this Act,
3 $100,000,000 shall be used to carry out the front-end engi-
4 neering and design program out activities under the Carbon
5 Capture Technology Program, as authorized in section 962
6 of the Energy Policy Act of 2005 (42 U.S.C. 16292), as
7 amended by section 40303 of division D of this Act: Pro-
8 vided further, That of the funds in the preceding proviso,
9 $20,000,000, to remain available until expended, shall be
10 made available for fiscal year 2022, $20,000,000, to remain
11 available until expended, shall be made available for fiscal
12 year 2023, $20,000,000, to remain available until expended,
13 shall be made available for fiscal year 2024, $20,000,000,
14 to remain available until expended, shall be made available
15 for fiscal year 2025, and $20,000,000, to remain available
16 until expended, shall be made available for fiscal year 2026:
17 Provided further, That of the amount provided under this
18 heading in this Act, $2,500,000,000 shall be to carry out
19 activities for the Carbon Storage Validation and Testing,
20 as authorized section 963 of the Energy Policy Act of 2005
21 (42 U.S.C. 16293), as amended by section 40305 of division
22 D of this Act: Provided further, That of the funds in the
23 preceding proviso, $500,000,000, to remain available until
24 expended, shall be made available for fiscal year 2022,
25 $500,000,000, to remain available until expended, shall be
† HR 3684 EAS
2507
1 made available for fiscal year 2023, $500,000,000, to re-
2 main available until expended, shall be made available for
3 fiscal year 2024, $500,000,000, to remain available until
4 expended, shall be made available for fiscal year 2025, and
5 $500,000,000, to remain available until expended, shall be
6 made available for fiscal year 2026: Provided further, That
7 of the amount provided under this heading in this Act,
8 $3,500,000,000 shall be to carry out a program to develop
9 four regional clean direct air capture hubs, as authorized
10 under section 969D of the Energy Policy Act of 2005 (42
11 U.S.C. 16298d), as amended by section 40308 of division
12 D of this Act: Provided further, That of the funds in the
13 preceding proviso, $700,000,000, to remain available until
14 expended, shall be made available for fiscal year 2022,
15 $700,000,000, to remain available until expended, shall be
16 made available for fiscal year 2023, $700,000,000, to re-
17 main available until expended, shall be made available for
18 fiscal year 2024, $700,000,000, to remain available until
19 expended, shall be made available for fiscal year 2025, and
20 $700,000,000, to remain available until expended, shall be
21 made available for fiscal year 2026: Provided further, That
22 of the amount provided under this heading in this Act and
23 in addition to amounts otherwise made available for this
24 purpose, $15,000,000 shall be for precommercial direct air
25 capture technology prize competitions, as authorized under
† HR 3684 EAS
2508
1 section 969D(e)(2)(A) of the Energy Policy Act of 2005 (42
2 U.S.C. 16298d(e)(2)(A)): Provided further, That of the
3 amount provided under this heading in this Act and in ad-
4 dition to amounts otherwise made available for this pur-
5 pose, $100,000,000 shall be for commercial direct air cap-
6 ture technology prize competitions, as authorized under sec-
7 tion 969D(e)(2)(B) of the Energy Policy Act of 2005 (42
8 U.S.C. 16298d(e)(2)(B)): Provided further, That for
9 amounts identified in the preceding proviso, the Secretary
10 shall enter pre-construction commitments with selected
11 projects for future awards for qualified carbon dioxide cap-
12 ture: Provided further, That of the amount provided under
13 this heading in this Act, $140,000,000 shall be for a Rare
14 Earth Elements Demonstration Facility, as authorized
15 under section 7001 of the Energy Act of 2020 (42 U.S.C.
16 13344), as amended by section 40205 of division D of this
17 Act: Provided further, That of the amount provided under
18 this heading in this Act and in addition to amounts other-
19 wise made available for this purpose, $127,000,000 shall be
20 to carry out rare earth mineral security activities, as au-
21 thorized under section 7001(a) of the Energy Act of 2020
22 (42 U.S.C. 13344(a)): Provided further, That of the funds
23 in the preceding proviso, $23,000,000, to remain available
24 until expended, shall be made available for fiscal year 2022,
25 $24,200,000, to remain available until expended, shall be
† HR 3684 EAS
2509
1 made available for fiscal year 2023, $25,400,000, to remain
2 available until expended, shall be made available for fiscal
3 year 2024, $26,600,000, to remain available until expended,
4 shall be made available for fiscal year 2025, and
5 $27,800,000, to remain available until expended, shall be
6 made available for fiscal year 2026: Provided further, That
7 of the amount provided under this heading in this Act and
8 in addition to amounts otherwise made available for this
9 purpose, $600,000,000 shall be to carry out critical mate-
10 rial innovation, efficiency, and alternatives activities under
11 section 7002(g) of the Energy Act of 2020 (30 U.S.C.
12 1606(g)): Provided further, That of the funds in the pre-
13 ceding proviso, $230,000,000, to remain available until ex-
14 pended, shall be made available for fiscal year 2022,
15 $100,000,000, to remain available until expended, shall be
16 made available for fiscal year 2023, $135,000,000, to re-
17 main available until expended, shall be made available for
18 fiscal year 2024, $135,000,000, to remain available until
19 expended, shall be made available for fiscal year 2025: Pro-
20 vided further, That of the amount provided under this head-
21 ing in this Act and in addition to amounts otherwise made
22 available for this purpose, $75,000,000 shall be for the Crit-
23 ical Material Supply Chain Research Facility, as author-
24 ized under section 7002(h) of the Energy Act of 2020 (30
25 U.S.C. 1606(h)): Provided further, That of the funds in the
† HR 3684 EAS
2510
1 preceding proviso, $40,000,000, to remain available until
2 expended, shall be made available for fiscal year 2022, and
3 $35,000,000, to remain available until expended, shall be
4 made available for fiscal year 2023: Provided further, That
5 of the amount provided under this heading in this Act,
6 $30,000,000 shall be to carry out activities authorized in
7 section 349(b)(2) of the Energy Policy Act of 2005 (42
8 U.S.C.15907(b)(2)), as amended by section 40601 of divi-
9 sion D of this Act: Provided further, That not later than
10 90 days after the date of enactment of this Act, the Sec-
11 retary of Energy shall submit to the House and Senate
12 Committees on Appropriations a detailed spend plan for
13 fiscal year 2022: Provided further, That for each fiscal year
14 through 2026, as part of the annual budget submission of
15 the President under section 1105(a) of title 31, United
16 States Code, the Secretary of Energy shall submit a detailed
17 spend plan for that fiscal year: Provided further, That up
18 to three percent of the amounts made available under this
19 heading in this Act in each of fiscal years 2022 through
20 2026 shall be for program direction: Provided further, That
21 such amount is designated by the Congress as being for an
22 emergency requirement pursuant to section 4112(a) of H.
23 Con. Res. 71 (115th Congress), the concurrent resolution on
24 the budget for fiscal year 2018, and to section 251(b) of
† HR 3684 EAS
2511
1 the Balanced Budget and Emergency Deficit Control Act
2 of 1985.
3 CARBON DIOXIDE TRANSPORTATION INFRASTRUCTURE
4 FINANCE AND INNOVATION PROGRAM ACCOUNT
5 For an additional amount for ‘‘Carbon Dioxide Trans-
6 portation Infrastructure Finance and Innovation Program
7 Account’’, $2,100,000,000, to remain available until ex-
8 pended, to carry out activities for the Carbon Dioxide
9 Transportation Infrastructure Finance and Innovation
10 Program, as authorized by subtitle J of title IX of the En-
11 ergy Policy Act of 2005 (42 U.S.C. 16181 et seq.), as
12 amended by section 40304(a) of division D of this Act: Pro-
13 vided, That such costs, including the cost of modifying such
14 loans, shall be as defined in section 502 of the Congressional
15 Budget Act of 1974: Provided further, That $3,000,000, to
16 remain available until expended, shall be made available
17 for fiscal year 2022 and $2,097,000,000, to remain avail-
18 able until expended, shall be made available for fiscal year
19 2023: Provided further, That the amount made available
20 under this heading in this Act for fiscal year 2022 shall
21 be for administrative expenses to carry out the loan pro-
22 gram: Provided further, That the Office of Fossil Energy
23 and Carbon Management shall oversee the Carbon Dioxide
24 Transportation Infrastructure Finance and Innovation
25 program, in consultation and coordination with the De-
† HR 3684 EAS
2512
1 partment of Energy’s Loan Program Office: Provided fur-
2 ther, That not later than 270 days after the date of enact-
3 ment of this Act, the Secretary of Energy shall submit to
4 the House and Senate Committees on Appropriations an
5 analysis of how subsidy rates will be determined for loans
6 financed by appropriations provided under this heading in
7 this Act and an analysis of the process for developing draft
8 regulations for the program, including a crosswalk from the
9 statutory requirements for such program, and a timetable
10 for publishing such regulations: Provided further, That for
11 each fiscal year through 2027, the annual budget submis-
12 sion of the President under section 1105(a) of title 31,
13 United States Code, shall include a detailed request for the
14 amount recommended for allocation for the Carbon Dioxide
15 Transportation Finance and Innovation program from
16 amounts provided under this heading in this Act and such
17 detailed request shall include any information required
18 pursuant to the Federal Credit Reform Act of 1990, such
19 as credit subsidy rates, a loan limitation, and necessary
20 administrative expenses to carry out the loan program: Pro-
21 vided further, That such amount is designated by the Con-
22 gress as being for an emergency requirement pursuant to
23 section 4112(a) of H. Con. Res. 71 (115th Congress), the
24 concurrent resolution on the budget for fiscal year 2018,
† HR 3684 EAS
2513
1 and to section 251(b) of the Balanced Budget and Emer-
2 gency Deficit Control Act of 1985.
3 OFFICE OF CLEAN ENERGY DEMONSTRATIONS
4 For an additional amount for ‘‘Office of Clean Energy
5 Demonstrations’’, $21,456,000,000, to remain available
6 until expended: Provided, That the Office of Clean Energy
7 Demonstrations, as authorized by section 41201 of division
8 D of this Act, shall conduct administrative and project
9 management responsibilities for the demonstration projects
10 provided for under this heading in this Act: Provided fur-
11 ther, That the Office of Clean Energy Demonstrations shall
12 consult and coordinate with technology-specific program of-
13 fices to ensure alignment of technology goals and avoid un-
14 necessary duplication: Provided further, That of the amount
15 provided under this heading in this Act and in addition
16 to amounts otherwise made available for this purpose,
17 $355,000,000 shall be to carry out the Energy Storage Dem-
18 onstration Pilot Grant Program, as authorized under sec-
19 tion 3201(c) of the Energy Act of 2020 (42 U.S.C.
20 17232(c)): Provided further, That of the funds in the pre-
21 ceding proviso, $88,750,000, to remain available until ex-
22 pended, shall be made available for fiscal year 2022,
23 $88,750,000, to remain available until expended, shall be
24 made available for fiscal year 2023, $88,750,000, to remain
25 available until expended, shall be made available for fiscal
† HR 3684 EAS
2514
1 year 2024, $88,750,000, to remain available until expended,
2 shall be made available for fiscal year 2025: Provided fur-
3 ther, That of the amount provided under this heading in
4 this Act and in addition to amounts otherwise made avail-
5 able for this purpose, $150,000,000 to carry out the Long-
6 duration Demonstration Initiative and Joint Program, as
7 authorized under section 3201(d) of the Energy Act of 2020
8 (42 U.S.C. 17232(d)): Provided further, That of the funds
9 in the preceding proviso, $37,500,000, to remain available
10 until expended, shall be made available for fiscal year 2022,
11 $37,500,000, to remain available until expended, shall be
12 made available for fiscal year 2023, $37,500,000, to remain
13 available until expended, shall be made available for fiscal
14 year 2024, $37,500,000, to remain available until expended,
15 shall be made available for fiscal year 2025: Provided fur-
16 ther, That of the amount provided under this heading in
17 this Act and in addition to amounts otherwise made avail-
18 able for this purpose, $2,477,000,000 shall be to carry out
19 the Advanced Reactor Demonstration Program, as author-
20 ized under section 959A of the Energy Policy Act of 2005
21 (42 U.S.C. 16279a): Provided further, That of the funds in
22 the preceding proviso, $677,000,000, to remain available
23 until expended, shall be made available for fiscal year 2022,
24 $600,000,000, to remain available until expended, shall be
25 made available for fiscal year 2023, $600,000,000, to re-
† HR 3684 EAS
2515
1 main available until expended, shall be made available for
2 fiscal year 2024, $600,000,000, to remain available until
3 expended, shall be made available for fiscal year 2025: Pro-
4 vided further, That funds in the preceding proviso shall be
5 for projects selected prior to the date of enactment of this
6 Act: Provided further, That of the amount provided under
7 this heading in this Act and in addition to amounts other-
8 wise made available for this purpose, $937,000,000 shall be
9 to carry out the Carbon Capture Large-scale Pilot Projects,
10 as authorized under section 962(b)(2)(B) of the Energy Pol-
11 icy Act of 2005 (42 U.S.C. 16292(b)(2)(B)): Provided fur-
12 ther, That of the funds in the preceding proviso,
13 $387,000,000, to remain available until expended, shall be
14 made available for fiscal year 2022, $200,000,000, to re-
15 main available until expended, shall be made available for
16 fiscal year 2023, $200,000,000, to remain available until
17 expended, shall be made available for fiscal year 2024,
18 $150,000,000, to remain available until expended, shall be
19 made available for fiscal year 2025: Provided further, That
20 of the amount provided under this heading in this Act and
21 in addition to amounts otherwise made available for this
22 purpose, $2,537,000,000 shall be for the Carbon Capture
23 Demonstration Projects Program, as authorized under sec-
24 tion 962(b)(2)(C) of the Energy Policy Act of 2005 (42
25 U.S.C. 16292(b)(2)(C)): Provided further, That of the funds
† HR 3684 EAS
2516
1 in the preceding proviso, $937,000,000, to remain available
2 until expended, shall be made available for fiscal year 2022,
3 $500,000,000, to remain available until expended, shall be
4 made available for fiscal year 2023, $500,000,000, to re-
5 main available until expended, shall be made available for
6 fiscal year 2024, $600,000,000, to remain available until
7 expended, shall be made available for fiscal year 2025: Pro-
8 vided further, That of the amount provided under this head-
9 ing in this Act and in addition to amounts otherwise made
10 available for this purpose, $500,000,000 shall be to carry
11 out Industrial Emission Demonstration Projects, as author-
12 ized under section 454(d)(3) of the Energy Independence
13 and Security Act of 2007 (42 U.S.C. 17113(d)(3)): Provided
14 further, That of the funds in the preceding proviso,
15 $100,000,000, to remain available until expended, shall be
16 made available for fiscal year 2022, $100,000,000, to re-
17 main available until expended, shall be made available for
18 fiscal year 2023, $150,000,000, to remain available until
19 expended, shall be made available for fiscal year 2024,
20 $150,000,000, to remain available until expended, shall be
21 made available for fiscal year 2025: Provided further, That
22 of the amount provided under this heading in this Act and
23 in addition to amounts otherwise made available for this
24 purpose, $500,000,000 shall be to carry out the Clean En-
25 ergy Demonstration Program on Current and Former Mine
† HR 3684 EAS
2517
1 Land, as authorized under section 40342 of division D of
2 this Act: Provided further, That of the funds in the pre-
3 ceding proviso, $100,000,000, to remain available until ex-
4 pended, shall be made available for fiscal year 2022,
5 $100,000,000, to remain available until expended, shall be
6 made available for fiscal year 2023, $100,000,000, to re-
7 main available until expended, shall be made available for
8 fiscal year 2024, $100,000,000, to remain available until
9 expended, shall be made available for fiscal year 2025, and
10 $100,000,000, to remain available until expended, shall be
11 made available for fiscal year 2026: Provided further, That
12 of the amount provided under this heading in this Act,
13 $8,000,000,000 shall be made for Regional Clean Hydrogen
14 Hubs, as authorized under section 813 of the Energy Policy
15 Act of 2005 (42 U.S.C. 16151 et seq.), as amended by sec-
16 tion 40314 of division D of this Act: Provided further, That
17 of the funds in the preceding proviso, $1,600,000,000, to re-
18 main available until expended, shall be made available for
19 fiscal year 2022, $1,600,000,000, to remain available until
20 expended, shall be made available for fiscal year 2023,
21 $1,600,000,000, to remain available until expended, shall
22 be made available for fiscal year 2024, $1,600,000,000, to
23 remain available until expended, shall be made available
24 for fiscal year 2025, and $1,600,000,000, to remain avail-
25 able until expended, shall be made available for fiscal year
† HR 3684 EAS
2518
1 2026: Provided further, That of the amount provided under
2 this heading in this Act, $5,000,000,000 shall be for grants
3 for the Program Upgrading Our Electric Grid and Ensur-
4 ing Reliability and Resiliency, as authorized under section
5 40103(b) of division D of this Act: Provided further, That
6 of the funds in the preceding proviso, $1,000,000,000, to re-
7 main available until expended, shall be made available for
8 fiscal year 2022, $1,000,000,000, to remain available until
9 expended, shall be made available for fiscal year 2023,
10 $1,000,000,000, to remain available until expended, shall
11 be made available for fiscal year 2024, $1,000,000,000, to
12 remain available until expended, shall be made available
13 for fiscal year 2025, and $1,000,000,000, to remain avail-
14 able until expended, shall be made available for fiscal year
15 2026: Provided further, That of the amount provided under
16 this heading in this Act, $1,000,000,000 shall be to carry
17 out activities for energy improvement in rural and remote
18 areas, as authorized under section 40103(c) of division D
19 of this Act: Provided further, That of the funds in the pre-
20 ceding proviso, $200,000,000, to remain available until ex-
21 pended, shall be made available for fiscal year 2022,
22 $200,000,000, to remain available until expended, shall be
23 made available for fiscal year 2023, $200,000,000, to re-
24 main available until expended, shall be made available for
25 fiscal year 2024, $200,000,000, to remain available until
† HR 3684 EAS
2519
1 expended, shall be made available for fiscal year 2025, and
2 $200,000,000, to remain available until expended, shall be
3 made available for fiscal year 2026: Provided further, That
4 not later than 90 days after the date of enactment of this
5 Act, the Secretary of Energy shall submit to the House and
6 Senate Committees on Appropriations a detailed spend
7 plan for fiscal year 2022: Provided further, That for each
8 fiscal year through 2026, as part of the annual budget sub-
9 mission of the President under section 1105(a) of title 31,
10 United States Code, the Secretary of Energy shall submit
11 a detailed spend plan for that fiscal year: Provided further,
12 That up to three percent of the amounts made available
13 under this heading in this Act in each of fiscal years 2022
14 through 2026 shall be for program direction: Provided fur-
15 ther, That such amount is designated by the Congress as
16 being for an emergency requirement pursuant to section
17 4112(a) of H. Con. Res. 71 (115th Congress), the concurrent
18 resolution on the budget for fiscal year 2018, and to section
19 251(b) of the Balanced Budget and Emergency Deficit Con-
20 trol Act of 1985.
† HR 3684 EAS
2520
1 POWER MARKETING ADMINISTRATIONS
2 CONSTRUCTION, REHABILITATION, OPERATION AND
† HR 3684 EAS
2521
1 GENERAL PROVISIONS—DEPARTMENT OF
2 ENERGY
3 (INCLUDING TRANSFER OF FUNDS)
† HR 3684 EAS
2522
1 SEC. 302. Up to one-tenth of one percent of each
2 amount appropriated to the Department of Energy in this
3 title may be transferred to ‘‘Departmental Administration’’
4 to be used for additional management and mission support
5 for funds made available to the Department of Energy in
6 this title in this Act.
7 SEC. 303. One-tenth of one percent of the amounts
8 made available to the Department of Energy under each
9 heading in this title in this Act in each of fiscal years 2022
10 through 2026 shall be transferred to the Office of the Inspec-
11 tor General of the Department of Energy to oversee the
12 funds made available to the Department of Energy in this
13 title in this Act.
14 INDEPENDENT AGENCIES
15 APPALACHIAN REGIONAL COMMISSION
16 For an additional amount for ‘‘Appalachian Regional
17 Commission’’, $1,000,000,000, to remain available until ex-
18 pended, notwithstanding 40 U.S.C. 14704: Provided, That
19 of the funds in the preceding proviso, $200,000,000, to re-
20 main available until expended, shall be made available for
21 fiscal year 2022, $200,000,000, to remain available until
22 expended, shall be made available for fiscal year 2023,
23 $200,000,000, to remain available until expended, shall be
24 made available for fiscal year 2024, $200,000,000, to re-
25 main available until expended, shall be made available for
† HR 3684 EAS
2523
1 fiscal year 2025, and $200,000,000, to remain available
2 until expended, shall be made available for fiscal year 2026:
3 Provided further, That such amount is designated by the
4 Congress as being for an emergency requirement pursuant
5 to section 4112(a) of H. Con. Res. 71 (115th Congress), the
6 concurrent resolution on the budget for fiscal year 2018,
7 and to section 251(b) of the Balanced Budget and Emer-
8 gency Deficit Control Act of 1985.
9 DELTA REGIONAL AUTHORITY
10 For an additional amount for ‘‘Delta Regional Au-
11 thority’’, $150,000,000 to remain available until expended:
12 Provided, That such amount is designated by the Congress
13 as being for an emergency requirement pursuant to section
14 4112(a) of H. Con. Res. 71 (115th Congress), the concurrent
15 resolution on the budget for fiscal year 2018, and to section
16 251(b) of the Balanced Budget and Emergency Deficit Con-
17 trol Act of 1985.
18 DENALI COMMISSION
19 For an additional amount for ‘‘Denali Commission’’,
20 $75,000,000 to remain available until expended: Provided
21 further, That such amount is designated by the Congress
22 as being for an emergency requirement pursuant to section
23 4112(a) of H. Con. Res. 71 (115th Congress), the concurrent
24 resolution on the budget for fiscal year 2018, and to section
† HR 3684 EAS
2524
1 251(b) of the Balanced Budget and Emergency Deficit Con-
2 trol Act of 1985.
3 NORTHERN BORDER REGIONAL COMMISSION
4 For an additional amount for ‘‘Northern Border Re-
5 gional Commission’’, $150,000,000 to remain available
6 until expended: Provided, That such amount is designated
7 by the Congress as being for an emergency requirement pur-
8 suant to section 4112(a) of H. Con. Res. 71 (115th Con-
9 gress), the concurrent resolution on the budget for fiscal year
10 2018, and to section 251(b) of the Balanced Budget and
11 Emergency Deficit Control Act of 1985.
12 SOUTHEAST CRESCENT REGIONAL COMMISSION
13 For an additional amount for ‘‘Southeast Crescent Re-
14 gional Commission’’, $5,000,000 to remain available until
15 expended: Provided, That such amount is designated by the
16 Congress as being for an emergency requirement pursuant
17 to section 4112(a) of H. Con. Res. 71 (115th Congress), the
18 concurrent resolution on the budget for fiscal year 2018,
19 and to section 251(b) of the Balanced Budget and Emer-
20 gency Deficit Control Act of 1985.
21 SOUTHWEST BORDER REGIONAL COMMISSION
22 For an additional amount for ‘‘Southwest Border Re-
23 gional Commission’’, $1,250,000 to remain available until
24 expended: Provided, That such amount is designated by the
25 Congress as being for an emergency requirement pursuant
† HR 3684 EAS
2525
1 to section 4112(a) of H. Con. Res. 71 (115th Congress), the
2 concurrent resolution on the budget for fiscal year 2018,
3 and to section 251(b) of the Balanced Budget and Emer-
4 gency Deficit Control Act of 1985.
5 TITLE IV—FINANCIAL SERVICES AND GENERAL
6 GOVERNMENT
7 EXECUTIVE OFFICE OF THE PRESIDENT AND
8 FUNDS APPROPRIATED TO THE PRESIDENT
9 OFFICE OF THE NATIONAL CYBER DIRECTOR
10 SALARIES AND EXPENSES
† HR 3684 EAS
2526
1 until expended, for the Affordable Connectivity Program, as
2 authorized under section 904(b)(1) of division N of the Con-
3 solidated Appropriations Act, 2021 (Public Law 116–260),
4 as amended by section 60502 of division F of this Act: Pro-
5 vided, That such amount is designated by the Congress as
6 being for an emergency requirement pursuant to section
7 4112(a) of H. Con. Res. 71 (115th Congress), the concurrent
8 resolution on the budget for fiscal year 2018, and to section
9 251(b) of the Balanced Budget and Emergency Deficit Con-
10 trol Act of 1985.
11 FEDERAL PERMITTING IMPROVEMENT STEERING COUNCIL
† HR 3684 EAS
2527
1 gency requirement pursuant to section 4112(a) of H. Con.
2 Res. 71 (115th Congress), the concurrent resolution on the
3 budget for fiscal year 2018, and to section 251(b) of the
4 Balanced Budget and Emergency Deficit Control Act of
5 1985.
6 GENERAL SERVICES ADMINISTRATION
7 REAL PROPERTY ACTIVITIES
† HR 3684 EAS
2528
1 Services Administration feasibility studies as
2 prioritized in the ‘‘American Jobs Plan Project List’’
3 submitted to the House and Senate Committees on
4 Appropriations on May 28, 2021; and
5 (3) $210,000,000 shall be for land ports of entry
6 (LPOE) infrastructure paving; acquisition of leased
7 LPOEs; and additional Federal Motor Carrier Safety
8 Administration requirements at the Southern Border:
9 Provided, That the General Services Administration shall
10 submit a plan, by project, regarding the use of funds made
11 available to the Administrator under this heading in this
12 Act to the Committees on Appropriations of the House of
13 Representatives and the Senate within 90 days of enact-
14 ment of this Act: Provided further, That the Administrator
15 of General Services shall notify the Committees on Appro-
16 priations of the House of Representatives and the Senate
17 quarterly on the obligations and expenditures of the funds
18 provided under this heading in this Act by account of the
19 Federal Buildings Fund: Provided further, That funds
20 made available under this heading in this Act for Federal
21 Buildings Fund activities may be transferred to, and
22 merged with, other accounts within the Federal Buildings
23 Fund only to the extent necessary to meet program require-
24 ments for such activities: Provided further, That the Gen-
25 eral Services Administration will provide notice in advance
† HR 3684 EAS
2529
1 to the Committees on Appropriations of the House of Rep-
2 resentatives and the Senate of any proposed transfers: Pro-
3 vided further, That funds made available to the Adminis-
4 trator under this heading in this Act shall not be subject
5 to section 3307 of title 40, United States Code: Provided
6 further, That amounts made available under this heading
7 in this Act shall be in addition to any other amounts made
8 available for such purposes, including for construction and
9 acquisition or repairs and alterations: Provided further,
10 That such amount is designated by the Congress as being
11 for an emergency requirement pursuant to section 4112(a)
12 of H. Con. Res. 71 (115th Congress), the concurrent resolu-
13 tion on the budget for fiscal year 2018, and to section 251(b)
14 of the Balanced Budget and Emergency Deficit Control Act
15 of 1985.
16 TITLE V—DEPARTMENT OF HOMELAND
17 SECURITY
18 SECURITY, ENFORCEMENT, AND INVESTIGATIONS
19 U.S. CUSTOMS AND BORDER PROTECTION
20 OPERATIONS AND SUPPORT
† HR 3684 EAS
2530
1 That such amount is designated by the Congress as being
2 for an emergency requirement pursuant to section 4112(a)
3 of H. Con. Res. 71 (115th Congress), the concurrent resolu-
4 tion on the budget for fiscal year 2018, and to section 251(b)
5 of the Balanced Budget and Emergency Deficit Control Act
6 of 1985.
7 PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS
† HR 3684 EAS
2531
1 2026, for personnel and administrative expenses: Provided,
2 That such amount is designated by the Congress as being
3 for an emergency requirement pursuant to section 4112(a)
4 of H. Con. Res. 71 (115th Congress), the concurrent resolu-
5 tion on the budget for fiscal year 2018, and to section 251(b)
6 of the Balanced Budget and Emergency Deficit Control Act
7 of 1985.
8 PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS
† HR 3684 EAS
2532
1 (4) $120,000,000 shall be for construction and
2 improvement of childcare development centers:
3 Provided further, That not later than 90 days after the date
4 of enactment of this Act, the Department shall submit to
5 the Committees on Appropriations and Commerce, Science,
6 and Transportation of the Senate and the Committees on
7 Appropriations and Transportation and Infrastructure in
8 the House of Representatives a detailed expenditure plan,
9 including a list of project locations under each paragraph
10 in the preceding proviso: Provided further, That such
11 amount is designated by the Congress as being for an emer-
12 gency requirement pursuant to section 4112(a) of H. Con.
13 Res. 71 (115th Congress), the concurrent resolution on the
14 budget for fiscal year 2018, and to section 251(b) of the
15 Balanced Budget and Emergency Deficit Control Act of
16 1985.
17 PROTECTION, PREPAREDNESS, RESPONSE, AND
18 RECOVERY
19 CYBERSECURITY AND INFRASTRUCTURE SECURITY AGENCY
20 OPERATIONS AND SUPPORT
† HR 3684 EAS
2533
1 requirement pursuant to section 4112(a) of H. Con. Res.
2 71 (115th Congress), the concurrent resolution on the budget
3 for fiscal year 2018, and to section 251(b) of the Balanced
4 Budget and Emergency Deficit Control Act of 1985.
5 CYBERSECURITY RESPONSE AND RECOVERY FUND
† HR 3684 EAS
2534
1 shall provide to the Committees on Appropriations and
2 Homeland Security and Governmental Affairs of the Senate
3 and the Committees on Appropriations and Oversight and
4 Reform of the House of Representatives monthly reports, to
5 be submitted not later than the tenth business day following
6 the end of each month, on the status of funds made available
7 under this heading in this Act, including an accounting
8 of the most recent funding allocation estimates, obligations,
9 expenditures, and unobligated funds, delineated by signifi-
10 cant incident, as defined in section 2232 of the Homeland
11 Security Act of 2002, as amended by this Act: Provided fur-
12 ther, That such amount is designated by the Congress as
13 being for an emergency requirement pursuant to section
14 4112(a) of H. Con. Res. 71 (115th Congress), the concurrent
15 resolution on the budget for fiscal year 2018, and to section
16 251(b) of the Balanced Budget and Emergency Deficit Con-
17 trol Act of 1985.
18 FEDERAL EMERGENCY MANAGEMENT AGENCY
19 OPERATIONS AND SUPPORT
† HR 3684 EAS
2535
1 as being for an emergency requirement pursuant to section
2 4112(a) of H. Con. Res. 71 (115th Congress), the concurrent
3 resolution on the budget for fiscal year 2018, and to section
4 251(b) of the Balanced Budget and Emergency Deficit Con-
5 trol Act of 1985.
6 FEDERAL ASSISTANCE
† HR 3684 EAS
2536
1 the Robert T. Stafford Disaster Relief and Emergency
2 Assistance Act (42 U.S.C. 5135(d)(2)), no more than
3 3 percent of the amounts made available in fiscal
4 year 2022, 3 percent of the amounts made available
5 in fiscal year 2023, and 3 percent of the amounts
6 made available in each of fiscal years 2024 through
7 2026 under this paragraph in this Act may be trans-
8 ferred to ‘‘Federal Emergency Management Agency—
9 Operations and Support’’ for salaries and expenses.
10 (2) $733,000,000, to remain available until ex-
11 pended: Provided, That $148,000,000 of the amounts
12 made available under this paragraph in this Act shall
13 be for grants to States pursuant to section 8(e) of the
14 National Dam Safety Program Act (33 U.S.C.
15 467f(e)): Provided further, That $585,000,000 of the
16 amounts made available under this paragraph in this
17 Act shall be for grants to States pursuant to section
18 8A of the National Dam Safety Program Act (33
19 U.S.C. 467f–2), of which no less than $75,000,000
20 shall be for the removal of dams: Provided further,
21 That dam removal projects shall include written con-
22 sent of the dam owner, if ownership is established:
23 Provided further, That in addition to amounts made
24 available for administrative expenses, no more than 3
25 percent of the amounts made available under this
† HR 3684 EAS
2537
1 paragraph in this Act may be transferred to ‘‘Federal
2 Emergency Management Agency—Operations and
3 Support’’ for salaries and expenses.
4 (3) $1,000,000,000 to remain available until ex-
5 pended, for grants to states, local, tribal, and terri-
6 torial governments for improvement to cybersecurity
7 and critical infrastructure, as authorized by section
8 2218 of the Homeland Security Act of 2002, as
9 amended by this Act: Provided, That $200,000,000, to
10 remain available until expended, shall be made avail-
11 able for fiscal year 2022, $400,000,000, to remain
12 available until expended, shall be made available for
13 fiscal year 2023, $300,000,000, to remain available
14 until expended, shall be made available for fiscal year
15 2024, and $100,000,000, to remain available until ex-
16 pended, shall be made available for fiscal year 2025:
17 Provided further, That no more than 3 percent of the
18 amounts made available in each of fiscal years 2022
19 through 2025 under this paragraph in this Act may
20 be transferred to ‘‘Federal Emergency Management
21 Agency—Operations and Support’’ for salaries and
22 expenses:
23 Provided, That such amount is designated by the Congress
24 as being for an emergency requirement pursuant to section
25 4112(a) of H. Con. Res. 71 (115th Congress), the concurrent
† HR 3684 EAS
2538
1 resolution on the budget for fiscal year 2018, and to section
2 251(b) of the Balanced Budget and Emergency Deficit Con-
3 trol Act of 1985.
4 DISASTER RELIEF FUND
† HR 3684 EAS
2539
1 requirement pursuant to section 4112(a) of H. Con. Res.
2 71 (115th Congress), the concurrent resolution on the budget
3 for fiscal year 2018, and to section 251(b) of the Balanced
4 Budget and Emergency Deficit Control Act of 1985.
5 NATIONAL FLOOD INSURANCE FUND
† HR 3684 EAS
2540
1 Federal Emergency Management Agency may also use
2 amounts made available under subsection (a) to provide
3 flood mitigation assistance under section 1366 of that Act
4 (42 U.S.C. 4104c) for mitigation activities in an amount
5 up to 90 percent of all eligible costs for a property—
6 (1) located within a census tract with a Centers
7 for Disease Control and Prevention Social Vulner-
8 ability Index score of not less than 0.5001; or
9 (2) that serves as a primary residence for indi-
10 viduals with a household income of not more than 100
11 percent of the applicable area median income:
12 Provided further, That such amount is designated by the
13 Congress as being for an emergency requirement pursuant
14 to section 4112(a) of H. Con. Res. 71 (115th Congress), the
15 concurrent resolution on the budget for fiscal year 2018,
16 and to section 251(b) of the Balanced Budget and Emer-
17 gency Deficit Control Act of 1985.
18 SCIENCE AND TECHNOLOGY DIRECTORATE
19 RESEARCH AND DEVELOPMENT
† HR 3684 EAS
2541
1 (1) special event risk assessments rating plan-
2 ning tools;
3 (2) electromagnetic pulse and geo-magnetic dis-
4 turbance resilience capabilities;
5 (3) positioning, navigation, and timing capabili-
6 ties;
7 (4) public safety and violence prevention to
8 evaluate soft target security, including countering im-
9 provised explosive device events and protection of U.S.
10 critical infrastructure; and
11 (5) research supporting security testing capabili-
12 ties relating to telecommunications equipment, indus-
13 trial control systems, and open source software:
14 Provided further, That not later than 90 days after the date
15 of enactment of this Act, the Department shall submit to
16 the House and Senate Committees on Appropriations a de-
17 tailed spend plan for the amount made available under this
18 heading in this Act: Provided further, That such amount
19 is designated by the Congress as being for an emergency
20 requirement pursuant to section 4112(a) of H. Con. Res.
21 71 (115th Congress), the concurrent resolution on the budget
22 for fiscal year 2018, and to section 251(b) of the Balanced
23 Budget and Emergency Deficit Control Act of 1985.
† HR 3684 EAS
2542
1 GENERAL PROVISION—THIS TITLE
2 SEC. 501. One-quarter of one percent of the amounts
3 made available under each heading in this title in this Act
4 in each of fiscal years 2022 through 2026 shall be trans-
5 ferred to the Office of the Inspector General of the Depart-
6 ment of the Homeland Security for oversight of funding
7 provided to the Department of Homeland Security in this
8 title in this Act.
9 TITLE VI—DEPARTMENT OF THE INTERIOR,
10 ENVIRONMENT, AND RELATED AGENCIES
11 DEPARTMENT OF THE INTERIOR
12 UNITED STATES FISH AND WILDLIFE SERVICE
13 RESOURCE MANAGEMENT
† HR 3684 EAS
2543
1 of the funds made available under this heading in this Act,
2 the following amounts shall be for the following purposes
3 in equal amounts for each of fiscal years 2022 through
4 2026, and shall be in addition to amounts otherwise made
5 available for such purpose—
6 (1) $255,000,000 shall be for the following re-
7 gional ecosystem restoration purposes—
8 (A) $26,000,000 shall be for Delaware River
9 Basin Conservation Act;
10 (B) $162,000,000 shall be for Klamath
11 Basin restoration activities, including habitat
12 restoration, planning, design, engineering, envi-
13 ronmental compliance, fee acquisition, infra-
14 structure development, construction, operations
15 and maintenance, improvements, and expansion,
16 as necessary, on lands currently leased by the
17 U.S. Fish and Wildlife Service for conservation
18 and recovery of endangered species;
19 (C) $17,000,000 shall be for implementing
20 section 5(d)(2) of the Lake Tahoe Restoration
21 Act; and
22 (D) $50,000,000 shall be for sagebrush
23 steppe ecosystem;
24 (2) $200,000,000 shall be for restoring fish and
25 wildlife passage by removing in-stream barriers and
† HR 3684 EAS
2544
1 providing technical assistance under the National
2 Fish Passage Program:
3 Provided further, That one-half of one percent of the
4 amounts made available under this heading in this Act in
5 each of fiscal years 2022 through 2026 shall be transferred
6 to the Office of Inspector General of the Department of the
7 Interior for oversight of funding provided to the Depart-
8 ment of the Interior in this title in this Act: Provided fur-
9 ther, That nothing under this heading in this Act shall be
10 construed as providing any new authority to remove,
11 breach, or otherwise alter the operations of a Federal hydro-
12 power dam and dam removal projects shall include written
13 consent of the dam owner, if ownership is established: Pro-
14 vided further, That such amount is designated by the Con-
15 gress as being for an emergency requirement pursuant to
16 section 4112(a) of H. Con. Res. 71 (115th Congress), the
17 concurrent resolution on the budget for fiscal year 2018,
18 and to section 251(b) of the Balanced Budget and Emer-
19 gency Deficit Control Act of 1985.
20 UNITED STATES GEOLOGICAL SURVEY
21 SURVEYS, INVESTIGATIONS, AND RESEARCH
† HR 3684 EAS
2545
1 out activities authorized in sections 40201, 40204, and
2 41003(a) of division D of this Act: Provided, That amounts
3 made available under this heading in this Act shall be allo-
4 cated as follows:
5 (1) $320,000,000 to carry out section 40201 of
6 division D of this Act: Provided, That $64,000,000, to
7 remain available until September 30, 2024, shall be
8 made available for fiscal year 2022, $64,000,000, to
9 remain available until September 30, 2025, shall be
10 made available for fiscal year 2023, $64,000,000, to
11 remain available until September 30, 2026, shall be
12 made available for fiscal year 2024, $64,000,000, to
13 remain available until September 30, 2027, shall be
14 made available for fiscal year 2025, and $64,000,000,
15 to remain available until September 30, 2028, shall
16 be made available for fiscal year 2026;
17 (2) $167,000,000, to remain available until ex-
18 pended, for fiscal year 2022 to carry out section
19 40204 of division D of this Act;
20 (3) $23,668,000 to carry out section 41003(a) of
21 division D of this Act: Provided, That $8,668,000, to
22 remain available until September 30, 2024, shall be
23 made available for fiscal year 2022, $5,000,000, to re-
24 main available until September 30, 2025, shall be
25 made available for fiscal year 2023, $5,000,000, to re-
† HR 3684 EAS
2546
1 main available until September 30, 2026, shall be
2 made available for fiscal year 2024, and $5,000,000,
3 to remain available until September 30, 2027, shall
4 be made available for fiscal year 2025:
5 Provided further, That amounts provided under this head-
6 ing in this Act shall be in addition to amounts otherwise
7 available for such purposes: Provided further, That one-half
8 of one percent of the amounts made available under this
9 heading in this Act in each of fiscal years 2022 through
10 2026 shall be transferred to the Office of Inspector General
11 of the Department of the Interior for oversight of funding
12 provided to the Department of the Interior in this title in
13 this Act: Provided further, That such amount is designated
14 by the Congress as being for an emergency requirement pur-
15 suant to section 4112(a) of H. Con. Res. 71 (115th Con-
16 gress), the concurrent resolution on the budget for fiscal year
17 2018, and to section 251(b) of the Balanced Budget and
18 Emergency Deficit Control Act of 1985.
19 OFFICE OF SURFACE MINING RECLAMATION AND
20 ENFORCEMENT
21 ABANDONED MINE RECLAMATION FUND
† HR 3684 EAS
2547
1 of division D of this Act: Provided, That of the amount pro-
2 vided under this heading in this Act, $25,000,000, to re-
3 main available until expended, shall be to carry out activi-
4 ties as authorized in section 40701(g) of division D of this
5 Act: Provided further, That up to 3 percent of the amounts
6 made available under this heading in this Act shall be for
7 salaries, expenses, and administration: Provided further,
8 That one-half of one percent of the amounts made available
9 under this heading in this Act shall be transferred to the
10 Office of Inspector General of the Department of the Interior
11 for oversight of funding provided to the Department of the
12 Interior in this title in this Act: Provided further, That such
13 amount is designated by the Congress as being for an emer-
14 gency requirement pursuant to section 4112(a) of H. Con.
15 Res. 71 (115th Congress), the concurrent resolution on the
16 budget for fiscal year 2018, and to section 251(b) of the
17 Balanced Budget and Emergency Deficit Control Act of
18 1985.
19 INDIAN AFFAIRS
20 BUREAU OF INDIAN AFFAIRS
21 OPERATION OF INDIAN PROGRAMS
† HR 3684 EAS
2548
1 munity relocation planning, design, and implementation of
2 projects which address the varying climate challenges facing
3 tribal communities across the country: Provided, That of
4 the funds in the preceding proviso, $43,200,000, to remain
5 available until expended, shall be made available for fiscal
6 year 2022, $43,200,000, to remain available until expended,
7 shall be made available for fiscal year 2023, $43,200,000,
8 to remain available until expended shall be made available
9 for fiscal year 2024, $43,200,000, to remain available until
10 expended, shall be made available for fiscal year 2025, and
11 $43,200,000, to remain available until expended, shall be
12 made available for fiscal year 2026: Provided further, That
13 of the funds made available under the preceding proviso for
14 fiscal years 2022 through 2026, $130,000,000 shall be for
15 community relocation, and $86,000,000 shall be for tribal
16 climate resilience and adaptation projects: Provided fur-
17 ther, That up to 3 percent of the amounts made available
18 under this heading in this Act in each of fiscal years 2022
19 through 2026 shall be for salaries, expenses, and adminis-
20 tration: Provided further, That one-half of one percent of
21 the amounts made available under this heading in this Act
22 in each of fiscal years 2022 through 2026 shall be trans-
23 ferred to the Office of Inspector General of the Department
24 of the Interior for oversight of funding provided to the De-
25 partment of the Interior in this title in this Act: Provided
† HR 3684 EAS
2549
1 further, That awards made under subsection (d) to Tribes
2 and Tribal organizations under the Indian Self-Determina-
3 tion and Education Assistance Act (25 U.S.C. 5301 et seq.)
4 shall be considered non-recurring and shall not be part of
5 the amount required by section 106 of the Indian Self-De-
6 termination and Education Assistance Act (25 U.S.C.
7 5325), and such funds shall only be used for the purposes
8 identified in this section: Provided further, That such
9 amount is designated by the Congress as being for an emer-
10 gency requirement pursuant to section 4112(a) of H. Con.
11 Res. 71 (115th Congress), the concurrent resolution on the
12 budget for fiscal year 2018, and to section 251(b) of the
13 Balanced Budget and Emergency Deficit Control Act of
14 1985.
15 CONSTRUCTION
† HR 3684 EAS
2550
1 for fiscal year 2022, $50,000,000, to remain available until
2 expended, shall be made available for fiscal year 2023,
3 $50,000,000, to remain available until expended, shall be
4 made available for fiscal year 2024, $50,000,000, to remain
5 available until expended, shall be made available for fiscal
6 year 2025, and $50,000,000, to remain available until ex-
7 pended, shall be made available for fiscal year 2026: Pro-
8 vided further, That of the funds made available under this
9 heading in this Act for fiscal years 2022 through 2026—
10 (1) Not less than $50,000,000 shall be for ad-
11 dressing irrigation and power systems; and
12 (2) $200,000,000 shall be for safety of dams,
13 water sanitation, and other facilities:
14 Provided further, That up to 3 percent of the amounts made
15 available under this heading in this Act in each of fiscal
16 years 2022 through 2026 shall be for salaries, expenses, and
17 administration: Provided further, That one-half of one per-
18 cent of the amounts made available under this heading in
19 this Act in each of fiscal years 2022 through 2026 shall
20 be transferred to the Office of Inspector General of the De-
21 partment of the Interior for oversight of funding provided
22 to the Department of the Interior in this title in this Act:
23 Provided further, That such amount is designated by the
24 Congress as being for an emergency requirement pursuant
25 to section 4112(a) of H. Con. Res. 71 (115th Congress), the
† HR 3684 EAS
2551
1 concurrent resolution on the budget for fiscal year 2018,
2 and to section 251(b) of the Balanced Budget and Emer-
3 gency Deficit Control Act of 1985.
4 DEPARTMENTAL OFFICES
5 OFFICE OF THE SECRETARY
6 DEPARTMENTAL OPERATIONS
† HR 3684 EAS
2552
1 authorize the transfer of funds provided under this heading
2 in this Act between the Departments for the purpose of car-
3 rying out activities as authorized in section 40804(b)(1) of
4 division D of this Act: Provided further, That up to 3 per-
5 cent of the amounts made available under this heading in
6 this Act in each of fiscal years 2022 through 2026 shall
7 be for salaries, expenses, and administration: Provided fur-
8 ther, That one-half of one percent of the amounts made
9 available under this heading in this Act in each of fiscal
10 years 2022 through 2026 shall be transferred to the Office
11 of Inspector General of the Department of the Interior for
12 oversight of funding provided to the Department of the Inte-
13 rior in this title in this Act: Provided further, That such
14 amount is designated by the Congress as being for an emer-
15 gency requirement pursuant to section 4112(a) of H. Con.
16 Res. 71 (115th Congress), the concurrent resolution on the
17 budget for fiscal year 2018, and to section 251(b) of the
18 Balanced Budget and Emergency Deficit Control Act of
19 1985.
20 DEPARTMENT-WIDE PROGRAMS
21 WILDLAND FIRE MANAGEMENT
† HR 3684 EAS
2553
1 until expended, shall be made available for fiscal year 2022,
2 $262,600,000, to remain available until expended, shall be
3 made available for fiscal year 2023, $262,600,000, to re-
4 main available until expended, shall be made available for
5 fiscal year 2024, $262,600,000, to remain available until
6 expended, shall be made available for fiscal year 2025, and
7 $262,600,000, to remain available until expended, shall be
8 made available for fiscal year 2026: Provided further, That
9 of the funds made available under this heading in this Act,
10 the following amounts shall be for the following purposes
11 for the following fiscal years—
12 (1) $1,055,000,000 for the Secretary of the Inte-
13 rior to carry out activities for the Department of the
14 Interior, as authorized in section 40803 of division D
15 of this Act, including fuels management activities, of
16 which $327,000,000, to remain available until ex-
17 pended, shall be made available for fiscal year 2022
18 and $182,000,000, to remain available until ex-
19 pended, shall be made available for each of fiscal
20 years 2023 through 2026;
21 (2) In addition to amounts made available in
22 paragraph (1) for fuels management activities,
23 $35,600,000 for each of fiscal years 2022 through
24 2026 for such purpose; and
† HR 3684 EAS
2554
1 (3) In addition to amounts made available in
2 paragraph (1) for burned area rehabilitation,
3 $45,000,000 for each of fiscal years 2022 through
4 2026 for such purpose:
5 Provided further, That up to $2,000,000 for each of fiscal
6 years 2022 through 2026 from funds made available in
7 paragraphs (2) and (3) of the preceding proviso shall be
8 for implementation of the Tribal Forestry Protection Act,
9 as amended (Public Law 108–278): Provided further, That
10 the Secretary may transfer the funds provided under this
11 heading in this Act to any other account in the Department
12 of the Interior to carry out such purposes: Provided further,
13 That funds appropriated under this heading in this Act
14 may be transferred to the United States Fish and Wildlife
15 Service and the National Marine Fisheries Service for the
16 costs of carrying out their responsibilities under the Endan-
17 gered Species Act of 1973 (16 U.S.C. 1531 et seq.) to consult
18 and conference, as required by section 7 of such Act, in con-
19 nection with wildland fire management activities: Provided
20 further, That up to 3 percent of the amounts made available
21 under this heading in this Act in each of fiscal years 2022
22 through 2026 shall be for salaries, expenses, and adminis-
23 tration: Provided further, That one-half of one percent of
24 the amounts made available under this heading in this Act
25 in each of fiscal years 2022 through 2026 shall be trans-
† HR 3684 EAS
2555
1 ferred to the Office of Inspector General of the Department
2 of the Interior for oversight of funding provided to the De-
3 partment of the Interior in this title in this Act: Provided
4 further, That such amount is designated by the Congress
5 as being for an emergency requirement pursuant to section
6 4112(a) of H. Con. Res. 71 (115th Congress), the concurrent
7 resolution on the budget for fiscal year 2018, and to section
8 251(b) of the Balanced Budget and Emergency Deficit Con-
9 trol Act of 1985.
10 ENERGY COMMUNITY REVITALIZATION PROGRAM
11 (INCLUDING TRANSFERS OF FUNDS)
† HR 3684 EAS
2556
1 (2) $775,000,000, to remain available until Sep-
2 tember 30, 2030, shall be to carry out activities au-
3 thorized in section 349(c)(3) of the Energy Policy Act
4 of 2005 (42 U.S.C. 15907(c)(3)), as amended by sec-
5 tion 40601 of division D of this Act;
6 (3) $2,000,000,000, to remain available until
7 September 30, 2030, shall be to carry out activities
8 authorized in section 349(c)(4) of the Energy Policy
9 Act of 2005 (42 U.S.C. 15907(c)(4)), as amended by
10 section 40601 of division D of this Act;
11 (4) $1,500,000,000, to remain available until
12 September 30, 2030, shall be to carry out activities
13 authorized in section 349(c)(5) of the Energy Policy
14 Act of 2005 (42 U.S.C. 15907(c)(5)), as amended by
15 section 40601 of division D of this Act;
16 (5) $150,000,000, to remain available until Sep-
17 tember 30, 2030, shall be to carry out activities au-
18 thorized in section 349(d) of the Energy Policy Act of
19 2005 (42 U.S.C.15907(d)), as amended by section
20 40601 of division D of this Act;
21 Provided further, That of the amount provided under this
22 heading in this Act, $2,000,000 shall be provided by the
23 Secretary through a cooperative agreement with the Inter-
24 state Oil and Gas Compact Commission to carry out the
25 consultations authorized in section 349 of the Energy Policy
† HR 3684 EAS
2557
1 Act of 2005 (42 U.S.C. 15907), as amended by section
2 40601 of division D of this Act: Provided further, That
3 amounts provided under this heading in this Act shall be
4 in addition to amounts otherwise available for such pur-
5 poses: Provided further, That amounts provided under this
6 heading in this Act are not available to fulfill Comprehen-
7 sive Environmental Response, Compensation, and Liability
8 Act (CERCLA) obligations agreed to in settlement or im-
9 posed by a court, whether for payment of funds or for work
10 to be performed: Provided further, That the Secretary may
11 transfer the funds provided under this heading in this Act
12 to any other account in the Department of the Interior to
13 carry out such purposes: Provided further, That the Sec-
14 retary may transfer funds made available in paragraph (1)
15 of the first proviso under this heading to the Secretary of
16 Agriculture, acting through the Chief of the Forest Service,
17 to carry out such purposes: Provided further, That up to
18 3 percent of the amounts made available under this heading
19 in this Act shall be for salaries, expenses, and administra-
20 tion: Provided further, That one-half of one percent of the
21 amounts made available under this heading in this Act
22 shall be transferred to the Office of Inspector General of the
23 Department of the Interior for oversight of funding provided
24 to the Department of the Interior in this title in this Act:
25 Provided further, That such amount is designated by the
† HR 3684 EAS
2558
1 Congress as being for an emergency requirement pursuant
2 to section 4112(a) of H. Con. Res. 71 (115th Congress), the
3 concurrent resolution on the budget for fiscal year 2018,
4 and to section 251(b) of the Balanced Budget and Emer-
5 gency Deficit Control Act of 1985.
6 GENERAL PROVISIONS, DEPARTMENT OF THE INTERIOR
7 SEC. 601. Not later than 90 days after the date of en-
8 actment of this Act, the Secretary of the Interior shall sub-
9 mit to the House and Senate Committees on Appropriations
10 a detailed spend plan for the funds provided to the Depart-
11 ment of the Interior in this title in this Act for fiscal year
12 2022, and for each fiscal year through 2026, as part of the
13 annual budget submission of the President under section
14 1105(a) of title 31, United States Code, the Secretary of
15 the Interior shall submit a detailed spend plan for the funds
16 provided to the Department of the Interior in this title in
17 this Act for that fiscal year.
18 ENVIRONMENTAL PROTECTION AGENCY
19 ENVIRONMENTAL PROGRAMS AND MANAGEMENT
20 (INCLUDING TRANSFERS OF FUNDS)
† HR 3684 EAS
2559
1 explanatory statement described in section 4 of the
2 matter preceding division A of Public Law 116–260:
3 Provided, That $343,400,000, to remain available
4 until expended, shall be made available for fiscal year
5 2022, $343,400,000, to remain available until ex-
6 pended, shall be made available for fiscal year 2023,
7 $343,400,000, to remain available until expended,
8 shall be made available for fiscal year 2024,
9 $343,400,000, to remain available until expended,
10 shall be made available for fiscal year 2025, and
11 $343,400,000, to remain available until expended,
12 shall be made available for fiscal year 2026: Provided
13 further, That of the funds made available in this
14 paragraph in this Act, the following amounts shall be
15 for the following purposes in equal amounts for each
16 of fiscal years 2022 through 2026—
17 (A) $1,000,000,000 shall be for Great Lakes
18 Restoration Initiative;
19 (B) $238,000,000 shall be for Chesapeake
20 Bay;
21 (C) $24,000,000 shall be for San Francisco
22 Bay;
23 (D) $89,000,000 shall be for Puget Sound;
24 (E) $106,000,000 shall be for Long Island
25 Sound;
† HR 3684 EAS
2560
1 (F) $53,000,000 shall be for Gulf of Mexico;
2 (G) $16,000,000 shall be for South Florida;
3 (H) $40,000,000 shall be for Lake Cham-
4 plain;
5 (I) $53,000,000 shall be for Lake Pont-
6 chartrain;
7 (J) $15,000,000 shall be for Southern New
8 England Estuaries;
9 (K) $79,000,000 shall be for Columbia
10 River Basin; and
11 (L) $4,000,000 shall be for other geographic
12 activities which includes Pacific Northwest:
13 Provided further, That the Administrator may waive
14 or reduce the required non-Federal share for amounts
15 made available under this paragraph in this Act for
16 the purposes described in the preceding proviso;
17 (2) $132,000,000, to remain available until ex-
18 pended, for the National Estuary Program grants
19 under section 320(g)(2) of the Federal Water Pollu-
20 tion Control Act, notwithstanding the funding limita-
21 tion in section 320(i)(2)(B) of the Act: Provided, That
22 $26,400,000, to remain available until expended, shall
23 be made available for fiscal year 2022, $26,400,000,
24 to remain available until expended, shall be made
25 available for fiscal year 2023, $26,400,000, to remain
† HR 3684 EAS
2561
1 available until expended, shall be made available for
2 fiscal year 2024, $26,400,000, to remain available
3 until expended, shall be made available for fiscal year
4 2025, and $26,400,000, to remain available until ex-
5 pended, shall be made available for fiscal year 2026:
6 Provided further, That the Administrator may waive
7 or reduce the required non-Federal share for amounts
8 made available under this paragraph in this Act:
9 Provided further, That up to three percent of the
10 amounts made available under this paragraph in this
11 Act shall be for salaries, expenses, and administra-
12 tion;
13 (3) $60,000,000, to remain available until ex-
14 pended, for actions under the Gulf Hypoxia Action
15 Plan: Provided, That $12,000,000, to remain avail-
16 able until expended, shall be made available for fiscal
17 year 2022, $12,000,000, to remain available until ex-
18 pended, shall be made available for fiscal year 2023,
19 $12,000,000, to remain available until expended, shall
20 be made available for fiscal year 2024, $12,000,000,
21 to remain available until expended, shall be made
22 available for fiscal year 2025, and $12,000,000, to re-
23 main available until expended, shall be made avail-
24 able for fiscal year 2026: Provided further, That funds
25 shall be provided annually to the twelve states serving
† HR 3684 EAS
2562
1 as members of the Mississippi River/Gulf of Mexico
2 Watershed Nutrient Task Force (Arkansas, Iowa, Illi-
3 nois, Indiana, Kentucky, Louisiana, Minnesota, Mis-
4 souri, Mississippi, Ohio, Tennessee, and Wisconsin)
5 in equal amounts for each state for the period of fiscal
6 year 2022 to fiscal year 2026: Provided further, That
7 up to three percent of the amounts made available
8 under this paragraph in this Act shall be for salaries,
9 expenses, and administration;
10 (4) $25,000,000, to remain available until ex-
11 pended, to support permitting of Class VI wells as au-
12 thorized under section 40306 of division D of this Act,
13 to be carried out by Drinking Water Programs: Pro-
14 vided, That $5,000,000, to remain available until ex-
15 pended, shall be made available for fiscal year 2022,
16 $5,000,000, to remain available until expended, shall
17 be made available for fiscal year 2023, $5,000,000, to
18 remain available until expended, shall be made avail-
19 able for fiscal year 2024, $5,000,000, to remain avail-
20 able until expended, shall be made available for fiscal
21 year 2025, and $5,000,000, to remain available until
22 expended, shall be made available for fiscal year
23 2026;
24 (5) $10,000,000, to remain available until Sep-
25 tember 30, 2026, for developing battery recycling best
† HR 3684 EAS
2563
1 practices, as authorized under section 70401(b) of di-
2 vision G of this Act, to be carried out by the Resource
3 Conservation and Recovery Act program;
4 (6) $15,000,000, to remain available until Sep-
5 tember 30, 2026, for developing voluntary battery la-
6 beling guidelines, as authorized under section
7 70401(c) of division G of this Act, to be carried out
8 by the Resource Conservation and Recovery Act pro-
9 gram;
10 Provided, That funds provided for the purposes described
11 in paragraphs (1), (2), and (3) under this heading in this
12 Act may be transferred to the United States Fish and Wild-
13 life Service and the National Marine Fisheries Service for
14 the costs of carrying out their responsibilities under the En-
15 dangered Species Act of 1973 (16 U.S.C. 1531 et seq.) to
16 consult and conference, as required by section 7 of such Act,
17 in connection with Geographic programs, the National Es-
18 tuary Program, and the Gulf Hypoxia Action Plan: Pro-
19 vided further, That amounts provided under this heading
20 in this Act shall be in addition to amounts otherwise avail-
21 able for such purposes: Provided further, That one-half of
22 one percent of the amounts made available under this head-
23 ing in this Act in each of fiscal years 2022 through 2026
24 shall be transferred to the Office of Inspector General of the
25 Environmental Protection Agency for oversight of funding
† HR 3684 EAS
2564
1 provided to the Environmental Protection Agency in this
2 title in this Act: Provided further, That such amount is des-
3 ignated by the Congress as being for an emergency require-
4 ment pursuant to section 4112(a) of H. Con. Res. 71 (115th
5 Congress), the concurrent resolution on the budget for fiscal
6 year 2018, and to section 251(b) of the Balanced Budget
7 and Emergency Deficit Control Act of 1985.
8 HAZARDOUS SUBSTANCE SUPERFUND
9 (INCLUDING TRANSFERS OF FUNDS)
† HR 3684 EAS
2565
1 That amounts provided under this heading in this Act shall
2 be in addition to amounts otherwise available for such pur-
3 poses: Provided further, That amounts provided under this
4 heading in this Act shall not be subject to cost share require-
5 ments under section 104(c)(3) of the Comprehensive Envi-
6 ronmental Response, Compensation, and Liability Act of
7 1980 (CERCLA) (42 U.S.C. 9604(c)(3)): Provided further,
8 That the Administrator of the Environmental Protection
9 Agency shall annually report to Congress on the status of
10 funded projects: Provided further, That one-half of one per-
11 cent of the amounts made available under this heading in
12 this Act in each of fiscal years 2022 through 2026 shall
13 be transferred to the Office of Inspector General of the Envi-
14 ronmental Protection Agency for oversight of funding pro-
15 vided to the Environmental Protection Agency in this title
16 in this Act: Provided further, That such amount is des-
17 ignated by the Congress as being for an emergency require-
18 ment pursuant to section 4112(a) of H. Con. Res. 71 (115th
19 Congress), the concurrent resolution on the budget for fiscal
20 year 2018, and to section 251(b) of the Balanced Budget
21 and Emergency Deficit Control Act of 1985.
22 STATE AND TRIBAL ASSISTANCE GRANTS
23 (INCLUDING TRANSFERS OF FUNDS)
† HR 3684 EAS
2566
1 until expended: Provided, That amounts made available
2 under this heading in this Act shall be allocated as follows:
3 (1) $11,713,000,000 for capitalization grants for
4 the Clean Water State Revolving Funds under title VI
5 of the Federal Water Pollution Control Act: Provided,
6 That $1,902,000,000, to remain available until ex-
7 pended, shall be made available for fiscal year 2022,
8 $2,202,000,000, to remain available until expended,
9 shall be made available for fiscal year 2023,
10 $2,403,000,000, to remain available until expended,
11 shall be made available for fiscal year 2024,
12 $2,603,000,000, to remain available until expended,
13 shall be made available for fiscal year 2025, and
14 $2,603,000,000, to remain available until expended,
15 shall be made available for fiscal year 2026: Provided
16 further, That for the funds provided under this para-
17 graph in this Act in fiscal year 2022 and fiscal year
18 2023, the State shall deposit in the State loan fund
19 from State moneys an amount equal to at least 10
20 percent of the total amount of the grant to be made
21 to the State, notwithstanding sections 602(b)(2),
22 602(b)(3) or 202 of the Federal Water Pollution Con-
23 trol Act: Provided further, That for the funds made
24 available under this paragraph in this Act, forty-nine
25 percent of the funds made available to each State for
† HR 3684 EAS
2567
1 Clean Water State Revolving Fund capitalization
2 grants shall be used by the State to provide subsidy
3 to eligible recipients in the form of assistance agree-
4 ments with 100 percent forgiveness of principal or
5 grants (or any combination of these), notwithstanding
6 section 603(i)(3)(B) of the Federal Water Pollution
7 Control Act (33 U.S.C. 1383): Provided further, That
8 up to three percent of the amounts made available
9 under this paragraph in this Act in fiscal year 2022
10 and up to two percent in each of fiscal years 2023
11 through 2026 shall be for salaries, expenses, and ad-
12 ministration: Provided further, That not less than 80
13 percent of the amounts the Administrator uses in each
14 fiscal year for salaries, expenses, and administration
15 from amounts made available under this paragraph
16 in this Act for such purposes shall be used for pur-
17 poses other than hiring full-time employees: Provided
18 further, That 0.35 percent of the amounts made avail-
19 able under this paragraph in this Act in each of fiscal
20 years 2022 through 2026 shall be transferred to the
21 Office of Inspector General of the Environmental Pro-
22 tection Agency for oversight of funding provided to
23 the Environmental Protection Agency in this title in
24 this Act;
† HR 3684 EAS
2568
1 (2) $11,713,000,000 for capitalization grants for
2 the Drinking Water State Revolving Funds under sec-
3 tion 1452 of the Safe Drinking Water Act: Provided,
4 That $1,902,000,000, to remain available until ex-
5 pended, shall be made available for fiscal year 2022,
6 $2,202,000,000, to remain available until expended,
7 shall be made available for fiscal year 2023,
8 $2,403,000,000, to remain available until expended,
9 shall be made available for fiscal year 2024,
10 $2,603,000,000, to remain available until expended,
11 shall be made available for fiscal year 2025, and
12 $2,603,000,000, to remain available until expended,
13 shall be made available for fiscal year 2026: Provided
14 further, That for the funds provided under this para-
15 graph in this Act in fiscal year 2022 and fiscal year
16 2023, the State shall deposit in the State loan fund
17 from State moneys an amount equal to at least 10
18 percent of the total amount of the grant to be made
19 to the State, notwithstanding section 1452(e) of the
20 Safe Drinking Water Act: Provided further, That for
21 the funds made available under this paragraph in
22 this Act, forty-nine percent of the funds made avail-
23 able to each State for Drinking Water State Revolv-
24 ing Fund capitalization grants shall be used by the
25 State to provide subsidy to eligible recipients in the
† HR 3684 EAS
2569
1 form of assistance agreements with 100 percent for-
2 giveness of principal or grants (or any combination
3 of these), notwithstanding section 1452(d)(2) of the
4 Safe Drinking Water Act (42 U.S.C. 300j–12): Pro-
5 vided further, That up to three percent of the amounts
6 made available under this paragraph in this Act in
7 fiscal year 2022 and up to two percent in each of fis-
8 cal years 2023 through 2026 shall be for salaries, ex-
9 penses, and administration: Provided further, That
10 not less than 80 percent of the amounts the Adminis-
11 trator uses in each fiscal year for salaries, expenses,
12 and administration from amounts made available
13 under this paragraph in this Act for such purposes
14 shall be used for purposes other than hiring full-time
15 employees: Provided further, That 0.35 percent of the
16 amounts made available under this paragraph in this
17 Act in each of fiscal years 2022 through 2026 shall
18 be transferred to the Office of Inspector General of the
19 Environmental Protection Agency for oversight of
20 funding provided to the Environmental Protection
21 Agency in this title in this Act;
22 (3) $15,000,000,000 for capitalization grants for
23 the Drinking Water State Revolving Funds under sec-
24 tion 1452 of the Safe Drinking Water Act: Provided,
25 That $3,000,000,000, to remain available until ex-
† HR 3684 EAS
2570
1 pended, shall be made available for fiscal year 2022,
2 $3,000,000,000, to remain available until expended,
3 shall be made available for fiscal year 2023,
4 $3,000,000,000, to remain available until expended,
5 shall be made available for fiscal year 2024,
6 $3,000,000,000, to remain available until expended,
7 shall be made available for fiscal year 2025, and
8 $3,000,000,000, to remain available until expended,
9 shall be made available for fiscal year 2026: Provided
10 further, That the funds provided under this para-
11 graph in this Act shall be for lead service line replace-
12 ment projects and associated activities directly con-
13 nected to the identification, planning, design, and re-
14 placement of lead service lines: Provided further, That
15 for the funds made available under this paragraph in
16 this Act, forty-nine percent of the funds made avail-
17 able to each State for Drinking Water State Revolv-
18 ing Fund capitalization grants shall be used by the
19 State to provide subsidy to eligible recipients in the
20 form of assistance agreements with 100 percent for-
21 giveness of principal or grants (or any combination
22 of these), notwithstanding section 1452(d)(2) of the
23 Safe Drinking Water Act (42 U.S.C. 300j–12): Pro-
24 vided further, That the funds provided under this
25 paragraph in this Act shall not be subject to the
† HR 3684 EAS
2571
1 matching or cost share requirements of section 1452(e)
2 of the Safe Drinking Water Act: Provided further,
3 That up to three percent of the amounts made avail-
4 able under this paragraph in this Act in fiscal year
5 2022 and up to two percent in each of fiscal years
6 2023 through 2026 shall be for salaries, expenses, and
7 administration: Provided further, That one-half of
8 one percent of the amounts made available under this
9 paragraph in this Act in each of fiscal years 2022
10 through 2026 shall be transferred to the Office of In-
11 spector General of the Environmental Protection
12 Agency for oversight of funding provided to the Envi-
13 ronmental Protection Agency in this title in this Act;
14 (4) $1,000,000,000 for capitalization grants for
15 the Clean Water State Revolving Funds under title VI
16 of the Federal Water Pollution Control Act: Provided,
17 That $100,000,000, to remain available until ex-
18 pended, shall be made available for fiscal year 2022,
19 $225,000,000, to remain available until expended,
20 shall be made available for fiscal year 2023,
21 $225,000,000, to remain available until expended,
22 shall be made available for fiscal year 2024,
23 $225,000,000, to remain available until expended,
24 shall be made available for fiscal year 2025, and
25 $225,000,000, to remain available until expended,
† HR 3684 EAS
2572
1 shall be made available for fiscal year 2026: Provided
2 further, That funds provided under this paragraph in
3 this Act shall be for eligible uses under section 603(c)
4 of the Federal Water Pollution Control Act that ad-
5 dress emerging contaminants: Provided further, That
6 funds provided under this paragraph in this Act shall
7 not be subject to the matching or cost share require-
8 ments of sections 602(b)(2), 602(b)(3), or 202 of the
9 Federal Water Pollution Control Act: Provided fur-
10 ther, That funds provided under this paragraph in
11 this Act deposited into the state revolving fund shall
12 be provided to eligible recipients as assistance agree-
13 ments with 100 percent principal forgiveness or as
14 grants (or a combination of these): Provided further,
15 That up to three percent of the amounts made avail-
16 able under this paragraph in this Act in fiscal year
17 2022 and up to two percent in each of fiscal years
18 2023 through 2026 shall be for salaries, expenses, and
19 administration: Provided further, That one-half of
20 one percent of the amounts made available under this
21 paragraph in this Act in each of fiscal years 2022
22 through 2026 shall be transferred to the Office of In-
23 spector General of the Environmental Protection
24 Agency for oversight of funding provided to the Envi-
25 ronmental Protection Agency in this title in this Act;
† HR 3684 EAS
2573
1 (5) $4,000,000,000 for capitalization grants for
2 the Drinking Water State Revolving Funds under sec-
3 tion 1452 of the Safe Drinking Water Act: Provided,
4 That $800,000,000, to remain available until ex-
5 pended, shall be made available for fiscal year 2022,
6 $800,000,000, to remain available until expended,
7 shall be made available for fiscal year 2023,
8 $800,000,000, to remain available until expended,
9 shall be made available for fiscal year 2024,
10 $800,000,000, to remain available until expended,
11 shall be made available for fiscal year 2025, and
12 $800,000,000, to remain available until expended,
13 shall be made available for fiscal year 2026: Provided
14 further, That funds provided under this paragraph in
15 this Act shall be to address emerging contaminants in
16 drinking water with a focus on perfluoroalkyl and
17 polyfluoroalkyl substances through capitalization
18 grants under section 1452(t) of the Safe Drinking
19 Water Act for the purposes described in section
20 1452(a)(2)(G) of such Act: Provided further, That
21 funds provided under this paragraph in this Act de-
22 posited into the State revolving fund shall be provided
23 to eligible recipients as loans with 100 percent prin-
24 cipal forgiveness or as grants (or a combination of
25 these): Provided further, That funds provided under
† HR 3684 EAS
2574
1 this paragraph in this Act shall not be subject to the
2 matching or cost share requirements of section 1452(e)
3 of the Safe Drinking Water Act: Provided further,
4 That up to three percent of the amounts made avail-
5 able under this paragraph in this Act in fiscal year
6 2022 and up to two percent in each of fiscal years
7 2023 through 2026 shall be for salaries, expenses, and
8 administration: Provided further, That one-half of
9 one percent of the amounts made available under this
10 paragraph in this Act in each of fiscal years 2022
11 through 2026 shall be transferred to the Office of In-
12 spector General of the Environmental Protection
13 Agency for oversight of funding provided to the Envi-
14 ronmental Protection Agency in this title in this Act;
15 (6) $5,000,000,000 for grants for addressing
16 emerging contaminants under subsections (a) through
17 (j) of section 1459A of the Safe Drinking Water Act
18 (42 U.S.C. 300j–19a): Provided, That $1,000,000,000,
19 to remain available until expended, shall be made
20 available for fiscal year 2022, $1,000,000,000, to re-
21 main available until expended, shall be made avail-
22 able for fiscal year 2023, $1,000,000,000, to remain
23 available until expended, shall be made available for
24 fiscal year 2024, $1,000,000,000, to remain available
25 until expended, shall be made available for fiscal year
† HR 3684 EAS
2575
1 2025, and $1,000,000,000, to remain available until
2 expended, shall be made available for fiscal year
3 2026: Provided further, That funds provided to States
4 under this paragraph may be used for projects that
5 address emerging contaminants supporting a commu-
6 nity described in section 1459A, subsection (c)(2), of
7 the Safe Drinking Water Act, notwithstanding the
8 definition of underserved communities in section
9 1459A, subsection (a)(2), of the Safe Drinking Water
10 Act: Provided further, That funds provided under this
11 paragraph in this Act shall not be subject to the
12 matching or cost share requirements of section 1459A
13 of the Safe Drinking Water Act: Provided further,
14 That up to three percent of the amounts made avail-
15 able under this paragraph in this Act in each of fiscal
16 years 2022 through 2026 shall be for salaries, ex-
17 penses, and administration: Provided further, That
18 one-half of one percent of the amounts made available
19 under this paragraph in this Act in each of fiscal
20 years 2022 through 2026 shall be transferred to the
21 Office of Inspector General of the Environmental Pro-
22 tection Agency for oversight of funding provided to
23 the Environmental Protection Agency in this title in
24 this Act;
† HR 3684 EAS
2576
1 (7) $50,000,000, to remain available until ex-
2 pended, to award Underground Injection Control
3 grants, as authorized under section 40306 of division
4 D of this Act, and for activities to support states’ ef-
5 forts to develop programs leading to primacy: Pro-
6 vided, That up to three percent of the amounts made
7 available under this paragraph in this Act shall be
8 for salaries, expenses, and administration: Provided
9 further, That one-half of one percent of the amounts
10 made available under this paragraph in this Act shall
11 be transferred to the Office of Inspector General of the
12 Environmental Protection Agency for oversight of
13 funding provided to the Environmental Protection
14 Agency in this title in this Act;
15 (8) $1,500,000,000 for brownfields activities:
16 Provided, That $300,000,000, to remain available
17 until expended, shall be made available for fiscal year
18 2022, $300,000,000, to remain available until ex-
19 pended, shall be made available for fiscal year 2023,
20 $300,000,000, to remain available until expended,
21 shall be made available for fiscal year 2024,
22 $300,000,000, to remain available until expended,
23 shall be made available for fiscal year 2025, and
24 $300,000,000, to remain available until expended,
25 shall be made available for fiscal year 2026: Provided
† HR 3684 EAS
2577
1 further, That of the amounts made available in this
2 paragraph in this Act, the following amounts shall be
3 for the following purposes, in equal amounts for each
4 of fiscal years 2022 through 2026—
5 (A) $1,200,000,000 shall be to carry out
6 Brownfields projects authorized by section 104(k)
7 of the Comprehensive Environmental Response,
8 Compensation, and Liability Act of 1980
9 (CERCLA), including grants, interagency agree-
10 ments and associated program support costs, of
11 which up to $600,000,000, notwithstanding
12 funding limitations in such sections of such Act,
13 may be for—
14 (i) grants under section
15 104(k)(3)(A)(ii) of CERCLA to remediate
16 brownfields sites in amounts not to exceed
17 $5,000,000 per grant;
18 (ii) multipurpose grants under section
19 104(k)(4)(B)(i) of CERCLA in amounts not
20 to exceed $10,000,000 per grant;
21 (iii) grants under sections
22 104(k)(2)(B) and 104(k)(5)(A)(i) of
23 CERCLA for site characterization and as-
24 sessment activities on a community-wide or
25 site-by-site basis in amounts not to exceed
† HR 3684 EAS
2578
1 $10,000,000 per grant and without further
2 limitation on the amount that may be ex-
3 pended for any individual brownfield site;
4 (iv) grants under sections
5 104(k)(3)(A)(i) and 104(k)(5)(A)(ii) of
6 CERCLA for capitalization of revolving
7 loan funds in amounts not to exceed
8 $10,000,000 per grant; and
9 (v) grants under section 104(k)(7) of
10 CERCLA for job training in amounts not
11 to exceed $1,000,000 per grant; and
12 (B) $300,000,000 shall be to carry out sec-
13 tion 128 of the Comprehensive Environmental
14 Response, Compensation, and Liability Act of
15 1980:
16 Provided further, That funds provided under this
17 paragraph in this Act shall not be subject to cost
18 share requirements under section 104(k)(10)(B)(iii) of
19 the Comprehensive Environmental Response, Com-
20 pensation, and Liability Act of 1980: Provided fur-
21 ther, That the Administrator of the Environmental
22 Protection Agency shall annually report to Congress
23 on the status of funded projects: Provided further,
24 That up to three percent of the amounts made avail-
25 able under this paragraph in this Act in each of fiscal
† HR 3684 EAS
2579
1 years 2022 through 2026 shall be for salaries, ex-
2 penses, and administration: Provided further, That
3 one-half of one percent of the amounts made available
4 under this paragraph in this Act in each of fiscal
5 years 2022 through 2026 shall be transferred to the
6 Office of Inspector General of the Environmental Pro-
7 tection Agency for oversight of funding provided to
8 the Environmental Protection Agency in this title in
9 this Act;
10 (9) $100,000,000 for all costs for carrying out
11 section 6605 of the Pollution Prevention Act: Pro-
12 vided, That $20,000,000, to remain available until ex-
13 pended, shall be made available for fiscal year 2022,
14 $20,000,000, to remain available until expended, shall
15 be made available for fiscal year 2023, $20,000,000,
16 to remain available until expended, shall be made
17 available for fiscal year 2024, $20,000,000, to remain
18 available until expended, shall be made available for
19 fiscal year 2025, and $20,000,000, to remain avail-
20 able until expended, shall be made available for fiscal
21 year 2026: Provided further, That funds provided
22 under this paragraph in this Act shall not be subject
23 to cost share requirements under section 6605(c) of
24 the Pollution Prevention Act: Provided further, That
25 one-half of one percent of the amounts made available
† HR 3684 EAS
2580
1 under this paragraph in this Act in each of fiscal
2 years 2022 through 2026 shall be transferred to the
3 Office of Inspector General of the Environmental Pro-
4 tection Agency for oversight of funding provided to
5 the Environmental Protection Agency in this title in
6 this Act;
7 (10) $275,000,000 for grants under section
8 302(a) of the Save Our Seas 2.0 Act (Public Law
9 116–224): Provided, That $55,000,000, to remain
10 available until expended, shall be made available for
11 fiscal year 2022, $55,000,000, to remain available
12 until expended, shall be made available for fiscal year
13 2023, $55,000,000, to remain available until ex-
14 pended, shall be made available for fiscal year 2024,
15 $55,000,000, to remain available until expended, shall
16 be made available for fiscal year 2025, and
17 $55,000,000, to remain available until expended, shall
18 be made available for fiscal year 2026: Provided fur-
19 ther, That notwithstanding section 302(a) of such Act,
20 the Administrator may also provide grants pursuant
21 to such authority to tribes, intertribal consortia con-
22 sistent with the requirements in 40 CFR 35.504(a),
23 former Indian reservations in Oklahoma (as deter-
24 mined by the Secretary of the Interior), and Alaskan
25 Native Villages as defined in Public Law 92–203:
† HR 3684 EAS
2581
1 Provided further, That up to three percent of the
2 amounts made available under this paragraph in this
3 Act in each of fiscal years 2022 through 2026 shall
4 be for salaries, expenses, and administration: Pro-
5 vided further, That one-half of one percent of the
6 amounts made available under this paragraph in this
7 Act in each of fiscal years 2022 through 2026 shall
8 be transferred to the Office of Inspector General of the
9 Environmental Protection Agency for oversight of
10 funding provided to the Environmental Protection
11 Agency in this title in this Act;
12 (11) $75,000,000 to award grants focused on im-
13 proving material recycling, recovery, management,
14 and reduction, as authorized under section 70402 of
15 division G of this Act: Provided, That $15,000,000, to
16 remain available until expended, shall be made avail-
17 able for fiscal year 2022, $15,000,000, to remain
18 available until expended, shall be made available for
19 fiscal year 2023, $15,000,000, to remain available
20 until expended, shall be made available for fiscal year
21 2024, $15,000,000, to remain available until ex-
22 pended, shall be made available for fiscal year 2025,
23 and $15,000,000, to remain available until expended,
24 shall be made available for fiscal year 2026: Provided
25 further, That up to three percent of the amounts made
† HR 3684 EAS
2582
1 available under this paragraph in this Act in each of
2 fiscal years 2022 through 2026 shall be for salaries,
3 expenses, and administration: Provided further, That
4 one-half of one percent of the amounts made available
5 under this paragraph in this Act in each of fiscal
6 years 2022 through 2026 shall be transferred to the
7 Office of Inspector General of the Environmental Pro-
8 tection Agency for oversight of funding provided to
9 the Environmental Protection Agency in this title in
10 this Act;
11 (12) $5,000,000,000 for the Clean School Bus
12 Program as authorized under section 741 of the En-
13 ergy Policy Act of 2005 (42 U.S.C. 16091), as amend-
14 ed by section 71101 of division G of this Act: Pro-
15 vided, That $1,000,000,000, to remain available until
16 expended, shall be made available for fiscal year
17 2022, $1,000,000,000, to remain available until ex-
18 pended, shall be made available for fiscal year 2023,
19 $1,000,000,000, to remain available until expended,
20 shall be made available for fiscal year 2024,
21 $1,000,000,000, to remain available until expended,
22 shall be made available for fiscal year 2025, and
23 $1,000,000,000, to remain available until expended,
24 shall be made available for fiscal year 2026: Provided
25 further, That of the funds provided, $500,000,000
† HR 3684 EAS
2583
1 shall be provided annually for zero-emission school
2 buses, as defined in section 741(a)(8) of the Energy
3 Policy Act of 2005 (42 U.S.C. 16091(a)(8)), as
4 amended by section 71101 of division G of this Act,
5 and $500,000,000 shall be provided annually for
6 clean school buses and zero-emission school buses, as
7 defined in section 741(a)(3) of the Energy Policy Act
8 of 2005 (42 U.S.C. 16091(a)(3)), as amended by sec-
9 tion 71101 of division G of this Act: Provided further,
10 That up to three percent of the amounts made avail-
11 able under this paragraph in this Act in each of fiscal
12 years 2022 through 2026 shall be for salaries, ex-
13 penses, and administration: Provided further, That
14 up to one-half of one percent of the of the amounts
15 made available under this heading in this Act in each
16 of fiscal years 2022 through 2026 shall be transferred
17 to the Office of Inspector General of the Environ-
18 mental Protection Agency for oversight of funding
19 provided to the Environmental Protection Agency in
20 this title in this Act: Provided further, That if there
21 are unobligated funds in any of fiscal years 2022
22 through 2026 after the Administrator of the Environ-
23 mental Protection Agency issues awards for that fis-
24 cal year, States may compete for those funds, notwith-
25 standing the 10 percent limitation under section
† HR 3684 EAS
2584
1 741(b)(7)(B) of the Energy Policy Act of 2005 (42
2 U.S.C. 16091(b)(7)(B)), as amended by section 71101
3 of division G of this Act:
4 Provided further, That amounts provided under this head-
5 ing in this Act shall be in addition to amounts otherwise
6 available for such purposes: Provided further, That such
7 amount is designated by the Congress as being for an emer-
8 gency requirement pursuant to section 4112(a) of H. Con.
9 Res. 71 (115th Congress), the concurrent resolution on the
10 budget for fiscal year 2018, and to section 251(b) of the
11 Balanced Budget and Emergency Deficit Control Act of
12 1985.
13 GENERAL PROVISIONS—ENVIRONMENTAL PROTECTION
14 AGENCY
15 (INCLUDING TRANSFERS OF FUNDS)
† HR 3684 EAS
2585
1 plan for the funds provided to the Environmental Protec-
2 tion Agency in this title for fiscal year 2022, and for each
3 fiscal year through 2026, as part of the annual budget sub-
4 mission of the President under section 1105(a) of title 31,
5 United States Code, the Administrator of the Environ-
6 mental Protection Agency shall submit a detailed spend
7 plan for the funds provided to the Environmental Protec-
8 tion Agency in this title for that fiscal year.
9 SEC. 613. For this fiscal year and each fiscal year
10 thereafter, such sums as are available in the Hazardous
11 Substance Superfund established under section 9507 of the
12 Internal Revenue Code of 1986 at the end of the preceding
13 fiscal year from taxes received in the Treasury under sub-
14 section (b)(1) of such section shall be available, without fur-
15 ther appropriation, to be used to carry out the Comprehen-
16 sive Environmental Response, Compensation, and Liability
17 Act of 1980 (42 U.S.C. 9601 et seq.).
18 SEC. 614. (a) DRINKING WATER.—There is authorized
19 to be appropriated to carry out the purposes of section 1452
20 of the Safe Drinking Water Act (42 U.S.C. 300j–12), in
21 addition to amounts otherwise authorized to be appro-
22 priated for those purposes, an additional $1,126,000,000 for
23 each of fiscal years 2022 through 2026.
24 (b) CLEAN WATER.—There is authorized to be appro-
25 priated to carry out the purposes of title VI of the Federal
† HR 3684 EAS
2586
1 Water Pollution Control Act (33 U.S.C. 1381 et seq.), in
2 addition to amounts otherwise authorized to be appro-
3 priated for those purposes, an additional $1,639,000,000 for
4 each of fiscal years 2022 through 2026.
5 DEPARTMENT OF AGRICULTURE
6 FOREST SERVICE
7 FOREST AND RANGELAND RESEARCH
† HR 3684 EAS
2587
1 concurrent resolution on the budget for fiscal year 2018,
2 and to section 251(b) of the Balanced Budget and Emer-
3 gency Deficit Control Act of 1985.
4 STATE AND PRIVATE FORESTRY
† HR 3684 EAS
2588
1 culture, as authorized in sections 40803 and 40804 of
2 division D of this Act;
3 (2) In addition to amounts made available in
4 paragraph (1) for grants to at-risk communities for
5 wildfire mitigation activities, not less than
6 $500,000,000 for such purposes;
7 (3) Not less than $88,000,000 for State Fire As-
8 sistance; and
9 (4) Not less than $20,000,000 for Volunteer Fire
10 Assistance:
11 Provided further, That amounts made available under this
12 heading in this Act for each of fiscal years 2022 through
13 2026 may be transferred between accounts affected by the
14 Forest Service budget restructure outlined in section 435
15 of division D of the Further Consolidated Appropriations
16 Act, 2020 (Public Law 116–94) to carry out the activities
17 in support of this heading: Provided further, That up to
18 3 percent of the amounts made available under this heading
19 in this Act in each of fiscal years 2022 through 2026 shall
20 be for salaries, expenses, and administration: Provided fur-
21 ther, That one-half of one percent of the amounts made
22 available under this heading in this Act in each of fiscal
23 years 2022 through 2026 shall be transferred to the Office
24 of Inspector General of the Department of Agriculture for
25 oversight of funding provided to the Forest Service in this
† HR 3684 EAS
2589
1 title in this Act: Provided further, That such amount is des-
2 ignated by the Congress as being for an emergency require-
3 ment pursuant to section 4112(a) of H. Con. Res. 71 (115th
4 Congress), the concurrent resolution on the budget for fiscal
5 year 2018, and to section 251(b) of the Balanced Budget
6 and Emergency Deficit Control Act of 1985.
7 NATIONAL FOREST SYSTEM
† HR 3684 EAS
2590
1 division D of this Act, of which $587,000,000, to re-
2 main available until expended, shall be made avail-
3 able for fiscal year 2022 and $382,000,000, to remain
4 available until expended, shall be made available for
5 each of fiscal years 2023 through 2026;
6 (2) In addition to amounts made available in
7 paragraph (1) for hazardous fuels management ac-
8 tivities, $102,800,000 for each of fiscal years 2022
9 through 2026 for such purposes; and
10 (3) In addition to amounts made available in
11 paragraph (1) for burned area recovery, $45,000,000
12 for each of fiscal years 2022 through 2026 for such
13 purposes:
14 Provided further, That up to $12,000,000 for each of fiscal
15 years 2022 through 2026 from funds made available in
16 paragraph (2) of the preceding proviso may be used to make
17 grants, using any authorities available for the Forest Serv-
18 ice under the ‘‘State and Private Forestry’’ appropriation
19 for the purposes of creating incentives for increased use of
20 biomass from National Forest System lands, including the
21 Community Wood Energy Program and the Wood Innova-
22 tion Grants Program: Provided further, That up to
23 $8,000,000 for each of fiscal years 2022 through 2026 from
24 funds made available in paragraph (2) of the preceding
25 proviso shall be for implementation of the Tribal Forestry
† HR 3684 EAS
2591
1 Protection Act, as amended (Public Law 108–278): Pro-
2 vided further, That funds appropriated under this heading
3 in this Act may be transferred to the United States Fish
4 and Wildlife Service and the National Marine Fisheries
5 Service for the costs of carrying out their responsibilities
6 under the Endangered Species Act of 1973 (16 U.S.C. 1531
7 et seq.) to consult and conference, as required by section
8 7 of such Act, in connection with wildland fire management
9 activities: Provided further, That the Secretary of the Inte-
10 rior and the Secretary of Agriculture, acting through the
11 Chief of the Forest Service, may authorize the transfer of
12 funds provided under this heading in this Act between the
13 Departments for the purpose of carrying out activities as
14 authorized in section 40804(b)(1) of division D of this Act:
15 Provided further, That amounts made available under this
16 heading in this Act for each of fiscal years 2022 through
17 2026 may be transferred between accounts affected by the
18 Forest Service budget restructure outlined in section 435
19 of division D of the Further Consolidated Appropriations
20 Act, 2020 (Public Law 116–94) to carry out the activities
21 in support of this heading: Provided further, That amounts
22 made available under this heading in this Act in each of
23 fiscal years 2022 through 2026 shall be available for sala-
24 ries and expenses: Provided further, That one-half of one
25 percent of the amounts made available under this heading
† HR 3684 EAS
2592
1 in this Act in each of fiscal years 2022 through 2026 shall
2 be transferred to the Office of Inspector General of the De-
3 partment of Agriculture for oversight of funding provided
4 to the Forest Service in this title in this Act: Provided fur-
5 ther, That such amount is designated by the Congress as
6 being for an emergency requirement pursuant to section
7 4112(a) of H. Con. Res. 71 (115th Congress), the concurrent
8 resolution on the budget for fiscal year 2018, and to section
9 251(b) of the Balanced Budget and Emergency Deficit Con-
10 trol Act of 1985.
11 CAPITAL IMPROVEMENT AND MAINTENANCE
† HR 3684 EAS
2593
1 in this Act, the following amounts shall be for the following
2 purposes in equal amounts for each of fiscal years 2022
3 through 2026—
4 (1) $250,000,000 to carry out activities of the
5 Legacy Road and Trail Remediation Program, as au-
6 thorized in Public Law 88–657 (16 U.S.C. 532 et
7 seq.) (commonly known as the ‘‘Forest Roads and
8 Trails Act’’), as amended by section 40801 of division
9 D of this Act;
10 (2) $100,000,000 for construction of temporary
11 roads or reconstruction and maintenance of roads to
12 facilitate forest restoration and management projects
13 that reduce wildfire risk; and
14 (3) $10,000,000 for the removal of non-hydro-
15 power Federal dams and for providing dam removal
16 technical assistance:
17 Provided further, That funds appropriated under this head-
18 ing in this Act may be transferred to the United States Fish
19 and Wildlife Service and the National Marine Fisheries
20 Service for the costs of carrying out their responsibilities
21 under the Endangered Species Act of 1973 (16 U.S.C. 1531
22 et seq.) to consult and conference, as required by section
23 7 of such Act, in connection with wildland fire management
24 activities: Provided further, That amounts made available
25 under this heading in this Act for each of fiscal years 2022
† HR 3684 EAS
2594
1 through 2026 may be transferred between accounts affected
2 by the Forest Service budget restructure outlined in section
3 435 of division D of the Further Consolidated Appropria-
4 tions Act, 2020 (Public Law 116–94) to carry out the ac-
5 tivities in support of this heading: Provided further, That
6 one-half of one percent of the amounts made available under
7 this heading in this Act in each of fiscal years 2022 through
8 2026 shall be transferred to the Office of Inspector General
9 of the Department of Agriculture for oversight of funding
10 provided to the Forest Service in this title in this Act: Pro-
11 vided further, That such amount is designated by the Con-
12 gress as being for an emergency requirement pursuant to
13 section 4112(a) of H. Con. Res. 71 (115th Congress), the
14 concurrent resolution on the budget for fiscal year 2018,
15 and to section 251(b) of the Balanced Budget and Emer-
16 gency Deficit Control Act of 1985.
17 WILDLAND FIRE MANAGEMENT
† HR 3684 EAS
2595
1 for fiscal year 2022, $36,000,000, to remain available until
2 expended, shall be made available for fiscal year 2023,
3 $36,000,000, to remain available until expended, shall be
4 made available for fiscal year 2024, $36,000,000, to remain
5 available until expended, shall be made available for fiscal
6 year 2025, and $36,000,000, to remain available until ex-
7 pended, shall be made available for fiscal year 2026: Pro-
8 vided further, That funds appropriated under this heading
9 in this Act may be transferred to the United States Fish
10 and Wildlife Service and the National Marine Fisheries
11 Service for the costs of carrying out their responsibilities
12 under the Endangered Species Act of 1973 (16 U.S.C. 1531
13 et seq.) to consult and conference, as required by section
14 7 of such Act, in connection with wildland fire management
15 activities: Provided further, That amounts made available
16 under this heading in this Act for each of fiscal years 2022
17 through 2026 may be transferred between accounts affected
18 by the Forest Service budget restructure outlined in section
19 435 of division D of the Further Consolidated Appropria-
20 tions Act, 2020 (Public Law 116– 94) to carry out the ac-
21 tivities in support of this heading: Provided further, That
22 amounts made available under this heading in this Act in
23 each of fiscal years 2022 through 2026, shall be available
24 for salaries and expenses to carry out such purposes: Pro-
25 vided further, That one-half of one percent of the amounts
† HR 3684 EAS
2596
1 made available under this heading in this Act in each of
2 fiscal years 2022 through 2026 shall be transferred to the
3 Office of Inspector General of the Department of Agriculture
4 for oversight of funding provided to the Forest Service in
5 this title in this Act: Provided further, That such amount
6 is designated by the Congress as being for an emergency
7 requirement pursuant to section 4112(a) of H. Con. Res.
8 71 (115th Congress), the concurrent resolution on the budget
9 for fiscal year 2018, and to section 251(b) of the Balanced
10 Budget and Emergency Deficit Control Act of 1985.
11 ADMINISTRATIVE PROVISION—FOREST SERVICE
† HR 3684 EAS
2597
1 DEPARTMENT OF HEALTH AND HUMAN
2 SERVICES
3 INDIAN HEALTH SERVICE
4 INDIAN HEALTH FACILITIES
† HR 3684 EAS
2598
1 the amounts made available under this heading in this Act
2 in each fiscal years 2022 through 2026 shall be transferred
3 to the Office of Inspector General of the Department of
4 Health and Human Services for oversight of funding pro-
5 vided to the Department of Health and Human Services
6 in this title in this Act: Provided further, That no funds
7 available to the Indian Health Service for salaries, ex-
8 penses, administration, and oversight shall be available for
9 contracts, grants, compacts, or cooperative agreements
10 under the provisions of the Indian Self-Determination and
11 Education Assistance Act as amended: Provided further,
12 That funds under this heading made available to Tribes and
13 Tribal organizations under the Indian Self-Determination
14 and Education Assistance Act (25 U.S.C. 5301 et seq.) shall
15 be available on a one-time basis, are nonrecurring, and
16 shall not be part of the amount required by section 106 of
17 the Indian Self-Determination and Education Assistance
18 Act (25 U.S.C. 5325), and shall only be used for the pur-
19 poses identified in this heading: Provided further, That not
20 later than 90 days after the date of enactment of this Act,
21 the Secretary of Health and Human Services shall submit
22 to the House and Senate Committees on Appropriations a
23 detailed spend plan for fiscal year 2022: Provided further,
24 That for each fiscal year through 2026, as part of the an-
25 nual budget submission of the President under section
† HR 3684 EAS
2599
1 1105(a) of title 31, United States Code, the Secretary of
2 Health and Human Services shall submit a detailed spend
3 plan for that fiscal year: Provided further, That such
4 amount is designated by the Congress as being for an emer-
5 gency requirement pursuant to section 4112(a) of H. Con.
6 Res. 71 (115th Congress), the concurrent resolution on the
7 budget for fiscal year 2018, and to section 251(b) of the
8 Balanced Budget and Emergency Deficit Control Act of
9 1985.
10 TITLE VII—LABOR, HEALTH AND HUMAN SERV-
11 ICES, AND EDUCATION, AND RELATED AGEN-
12 CIES
13 DEPARTMENT OF HEALTH AND HUMAN
14 SERVICES
15 ADMINISTRATION FOR CHILDREN AND FAMILIES
16 LOW INCOME HOME ENERGY ASSISTANCE
† HR 3684 EAS
2600
1 $100,000,000, to remain available until September 30,
2 2026, shall be made available in fiscal year 2024,
3 $100,000,000, to remain available until September 30,
4 2026, shall be made available in fiscal year 2025, and
5 $100,000,000, to remain available until September 30,
6 2026, shall be made available in fiscal year 2026: Provided
7 further, That, of the amount available for obligation in a
8 fiscal year under this heading in this Act, $50,000,000 shall
9 be allocated as though the total appropriation for such pay-
10 ments for such fiscal year was less than $1,975,000,000:
11 Provided further, That such amount is designated by the
12 Congress as being for an emergency requirement pursuant
13 to section 4112(a) of H. Con. Res. 71 (115th Congress), the
14 concurrent resolution on the budget for fiscal year 2018,
15 and to section 251(b) of the Balanced Budget and Emer-
16 gency Deficit Control Act of 1985.
17 TITLE VIII—TRANSPORTATION, HOUSING AND
18 URBAN DEVELOPMENT, AND RELATED AGENCIES
19 DEPARTMENT OF TRANSPORTATION
20 OFFICE OF THE SECRETARY
21 NATIONAL INFRASTRUCTURE INVESTMENTS
† HR 3684 EAS
2601
1 shall be to carry out section 6701 of such title and
2 $7,500,000,000 shall be to carry out section 6702 of such
3 title: Provided, That, of the amount made available under
4 this heading in this Act to carry out section 6701 of title
5 49, United States Code, $1,000,000,000, to remain available
6 until expended, shall be made available for fiscal year 2022,
7 $1,000,000,000, to remain available until expended, shall
8 be made available for fiscal year 2023, $1,000,000,000, to
9 remain available until expended, shall be made available
10 for fiscal year 2024, $1,000,000,000, to remain available
11 until expended, shall be made available for fiscal year 2025,
12 and $1,000,000,000, to remain available until expended,
13 shall be made available for fiscal year 2026: Provided fur-
14 ther, That, of the amount made available under this head-
15 ing in this Act to carry out section 6702 of title 49, United
16 States Code, $1,500,000,000, to remain available until Sep-
17 tember 30, 2026, shall be made available for fiscal year
18 2022, $1,500,000,000, to remain until September 30, 2027,
19 shall be made available for fiscal year 2023, $1,500,000,000,
20 to remain available until September 30, 2028, shall be made
21 available for fiscal year 2024, $1,500,000,000, to remain
22 available until September 30, 2029, shall be made available
23 for fiscal year 2025, and $1,500,000,000, to remain avail-
24 able September 30, 2030, shall be made available for fiscal
25 year 2026: Provided further, That such amount is des-
† HR 3684 EAS
2602
1 ignated by the Congress as being for an emergency require-
2 ment pursuant to section 4112(a) of H. Con. Res. 71 (115th
3 Congress), the concurrent resolution on the budget for fiscal
4 year 2018, and pursuant to section 251(b) of the Balanced
5 Budget and Emergency Deficit Control Act of 1985.
6 SAFE STREETS AND ROADS FOR ALL GRANTS
† HR 3684 EAS
2603
1 is designated by the Congress as being for an emergency
2 requirement pursuant to section 4112(a) of H. Con. Res.
3 71 (115th Congress), the concurrent resolution on the budget
4 for fiscal year 2018, and to section 251(b) of the Balanced
5 Budget and Emergency Deficit Control Act of 1985.
6 NATIONAL CULVERT REMOVAL, REPLACEMENT, AND
7 RESTORATION GRANTS
† HR 3684 EAS
2604
1 the Balanced Budget and Emergency Deficit Control Act
2 of 1985.
3 STRENGTHENING MOBILITY AND REVOLUTIONIZING
† HR 3684 EAS
2605
1 ADMINISTRATIVE PROVISIONS—OFFICE OF THE SECRETARY
2 OF TRANSPORTATION
† HR 3684 EAS
2606
1 budget for fiscal year 2018, and to section 251(b) of the
2 Balanced Budget and Emergency Deficit Control Act of
3 1985.
4 (b) In addition to programs identified in section
5 118(d) of title 49, United States Code, the Office of
6 Multimodal Infrastructure and Freight shall administer,
7 with support from the Department’s Operating Administra-
8 tions, the following financial assistance programs—
9 (1) the national infrastructure projects program
10 under section 6701 of title 49, United States Code;
11 (2) the local and regional projects program
12 under section 6702 of title 49, United States Code;
13 (3) the strengthening mobility and revolution-
14 izing transportation grant program under section
15 25005 of division B of this Act;
16 (4) the nationally significant freight and high-
17 ways projects under section 117 of title 23, United
18 States Code;
19 (5) the national culvert removal, replacement,
20 and restoration grant program under section 6203 of
21 title 49, United States Code; and
22 (6) other discretionary financial assistance pro-
23 grams that the Secretary determines should be admin-
24 istered by the Office of Multimodal Infrastructure and
25 Freight, subject to the approval of the House and Sen-
† HR 3684 EAS
2607
1 ate Committees on Appropriations as required under
2 section 405 of Division L of the Consolidated Appro-
3 priations Act, 2021.
4 FEDERAL AVIATION ADMINISTRATION
5 FACILITIES AND EQUIPMENT
† HR 3684 EAS
2608
1 tem facilities OSHA and environmental standards compli-
2 ance; (6) landing and navigational aids; (7) fuel storage
3 tank replacement and management; (8) unstaffed infra-
4 structure sustainment; (9) real property disposition; (10)
5 electrical power system sustain and support; (11) energy
6 maintenance and compliance; (12) hazardous materials
7 management and environmental cleanup; (13) facility secu-
8 rity risk management; (14) mobile asset management pro-
9 gram; and (15) administrative expenses, including salaries
10 and expenses, administration, and oversight: Provided fur-
11 ther, That not less than $200,000,000 of the funds made
12 available under this heading in this Act shall be for air
13 traffic control towers that are owned by the Federal Avia-
14 tion Administration and staffed through the contract tower
15 program: Provided further, That not later than 90 days
16 after the date of enactment of this Act, the Secretary of
17 Transportation shall submit to the House and Senate Com-
18 mittees on Appropriations a detailed spend plan, including
19 a list of project locations of air traffic control towers and
20 contract towers, to be funded for fiscal year 2022: Provided
21 further, That for each fiscal year through 2026, as part of
22 the annual budget submission of the President under section
23 1105(a) of title 31, United States Code, the Secretary of
24 Transportation shall submit a detailed spend plan for fund-
25 ing that will be made available under this heading in the
† HR 3684 EAS
2609
1 upcoming fiscal year, including a list of projects for replac-
2 ing facilities that are owned by the Federal Aviation Ad-
3 ministration, including air traffic control towers that are
4 staffed through the contract tower program: Provided fur-
5 ther, That such amount is designated by the Congress as
6 being for an emergency requirement pursuant to section
7 4112(a) of H. Con. Res. 71 (115th Congress), the concurrent
8 resolution on the budget for fiscal year 2018, and to section
9 251(b) of the Balanced Budget and Emergency Deficit Con-
10 trol Act of 1985.
11 AIRPORT INFRASTRUCTURE GRANTS
† HR 3684 EAS
2610
1 in this Act shall be derived from the general fund of the
2 Treasury: Provided further, That amounts made available
3 under this heading in this Act shall be made available to
4 sponsors of any airport eligible to receive grants under sec-
5 tion 47115 of title 49, United States Code, for airport-re-
6 lated projects defined under section 40117(a)(3) of title 49,
7 United States Code: Provided further, That of the funds
8 made available under this heading in this Act, in each of
9 fiscal years 2022 through 2026—
10 (1) Not more than $2,480,000,000 shall be avail-
11 able for primary airports as defined in section
12 47102(16) of title 49, United States Code, and certain
13 cargo airports: Provided, That such funds shall not be
14 subject to the reduced apportionments of section
15 47114(f) of title 49, United States Code: Provided fur-
16 ther, That such funds shall first be apportioned as set
17 forth in sections 47114(c)(1)(A), 47114(c)(1)(C)(i),
18 47114(c)(1)(C)(ii), 47114(c)(2)(A), 47114(c)(2)(B),
19 and 47114(c)(2)(E), 47114(c)(1)(J) of title 49, United
20 States Code: Provided further, That there shall be no
21 maximum apportionment limit: Provided further,
22 That any remaining funds after such apportionment
23 shall be distributed to all sponsors of primary air-
24 ports (as defined in section 47102(16) of title 49,
25 United States Code) based on each such airport’s pas-
† HR 3684 EAS
2611
1 senger enplanements compared to total passenger
2 enplanements of all airports defined in section
3 47102(16) of title 49, United States Code, for cal-
4 endar year 2019 in fiscal years 2022 and 2023 and
5 thereafter for the most recent calendar year
6 enplanements upon which the Secretary has appor-
7 tioned funds pursuant to section 47114(c) of title 49,
8 United States Code;
9 (2) Not more than $500,000,000 shall be for gen-
10 eral aviation and commercial service airports that
11 are not primary airports as defined in paragraphs
12 (7), (8), and (16) of section 47102 of title 49, United
13 States Code: Provided, That the Secretary of Trans-
14 portation shall apportion the remaining funds to each
15 non-primary airport based on the categories published
16 in the most current National Plan of Integrated Air-
17 port Systems, reflecting the percentage of the aggre-
18 gate published eligible development costs for each such
19 category, and then dividing the allocated funds evenly
20 among the eligible airports in each category, round-
21 ing up to the nearest thousand dollars: Provided fur-
22 ther, That any remaining funds under this paragraph
23 in this Act shall be distributed as described in para-
24 graph (3) in this proviso under this heading in this
25 Act; and
† HR 3684 EAS
2612
1 (3) $20,000,000 for the Secretary of Transpor-
2 tation to make competitive grants to sponsors of air-
3 ports participating in the contract tower program
4 and the contract tower cost share program under sec-
5 tion 47124 of title 49, United States Code to: (1) sus-
6 tain, construct, repair, improve, rehabilitate, mod-
7 ernize, replace or relocate nonapproach control towers;
8 (2) acquire and install air traffic control, commu-
9 nications, and related equipment to be used in those
10 towers; and (3) construct a remote tower certified by
11 the Federal Aviation Administration, including ac-
12 quisition and installation of air traffic control, com-
13 munications, or related equipment: Provided, That
14 the Federal Aviation Administration shall give pri-
15 ority consideration to projects that enhance aviation
16 safety and improve air traffic efficiency: Provided
17 further, That the Federal share of the costs for which
18 a grant is made under this paragraph shall be 100
19 percent:
20 Provided further, That any funds made available in a given
21 fiscal year that remain unobligated at the end of the fourth
22 fiscal year after which they were first made available for
23 obligation shall be made available in the fifth fiscal year
24 after which they were first made available for obligation
25 to the Secretary for competitive grants: Provided further,
† HR 3684 EAS
2613
1 That of the amounts made available to the Secretary for
2 competitive grants under the preceding proviso, the Sec-
3 retary shall first provide up to $100,000,000, as described
4 in paragraph (3) of the fourth proviso, and any remaining
5 unobligated balances in excess of that amount shall be avail-
6 able to the Secretary for competitive grants otherwise eligi-
7 ble under the third proviso that reduce airport emissions,
8 reduce noise impact to the surrounding community, reduce
9 dependence on the electrical grid, or provide general benefits
10 to the surrounding community: Provided further, That none
11 of the amounts made available under this heading in this
12 Act may be used to pay for airport debt service: Provided
13 further, That a grant made from funds made available
14 under this heading in this Act shall be treated as having
15 been made pursuant to the Secretary’s authority under sec-
16 tion 47104(a) of title 49, United States Code: Provided fur-
17 ther, That up to 3 percent of the amounts made available
18 under this heading in this Act in each of fiscal years 2022
19 through 2026 shall be for personnel, contracting, and other
20 costs to administer and oversee grants, of which $1,000,000
21 in each fiscal year shall be transferred to the Office of In-
22 spector General of the Department of Transportation for
23 oversight of funding provided to the Department of Trans-
24 portation in this title in this Act: Provided further, That
25 the Federal share of the costs of a project under paragraphs
† HR 3684 EAS
2614
1 (1) and (2) of the fourth proviso under this heading shall
2 be the percent for which a project for airport development
3 would be eligible under section 47109 of title 49, United
4 States Code: Provided further, That obligations of funds
5 under this heading in this Act shall not be subject to any
6 limitations on obligations provided in any Act making an-
7 nual appropriations: Provided further, That such amount
8 is designated by the Congress as being for an emergency
9 requirement pursuant to section 4112(a) of H. Con. Res.
10 71 (115th Congress), the concurrent resolution on the budget
11 for fiscal year 2018, and to section 251(b) of the Balanced
12 Budget and Emergency Deficit Control Act of 1985.
13 AIRPORT TERMINAL PROGRAM
† HR 3684 EAS
2615
1 $1,000,000,000, to remain available until September 30,
2 2029, shall be made available for fiscal year 2025, and
3 $1,000,000,000, to remain available until September 30,
4 2030, shall be made available for fiscal year 2026: Provided
5 further, That amounts made available under this heading
6 in this Act shall be derived from the general fund of the
7 Treasury: Provided further, That the Secretary shall issue
8 a notice of funding opportunity not later than 60 days after
9 the date of enactment of this Act: Provided further, That
10 of the funds made available under this heading in this Act,
11 not more than 55 percent shall be for large hub airports,
12 not more than 15 percent shall be for medium hub airports,
13 not more than 20 percent shall be for small hub airports,
14 and not less than 10 percent shall be for nonhub and non-
15 primary airports: Provided further, That in awarding
16 grants for terminal development projects from funds made
17 available under this heading in this Act, the Secretary may
18 consider projects that qualify as ‘‘terminal development’’
19 (including multimodal terminal development), as that term
20 is defined in 49 U.S.C. §47102(28), projects for on-airport
21 rail access projects as set forth in Passenger Facility Charge
22 (PFC) Update 75–21, and projects for relocating, recon-
23 structing, repairing, or improving an airport-owned air
24 traffic control tower: Provided further, That in awarding
25 grants for terminal development projects from funds made
† HR 3684 EAS
2616
1 available under this heading in this Act, the Secretary shall
2 give consideration to projects that increase capacity and
3 passenger access; projects that replace aging infrastructure;
4 projects that achieve compliance with the Americans with
5 Disabilities Act and expand accessibility for persons with
6 disabilities; projects that improve airport access for histori-
7 cally disadvantaged populations; projects that improve en-
8 ergy efficiency, including upgrading environmental sys-
9 tems, upgrading plant facilities, and achieving Leadership
10 in Energy and Environmental Design (LEED) accredita-
11 tion standards; projects that improve airfield safety through
12 terminal relocation; and projects that encourage actual and
13 potential competition: Provided further, That the Federal
14 share of the cost of a project carried out from funds made
15 available under this heading in this Act shall be 80 percent
16 for large and medium hub airports and 95 percent for small
17 hub, nonhub, and nonprimary airports: Provided further,
18 That a grant made from funds made available under this
19 heading in this Act shall be treated as having been made
20 pursuant to the Secretary’s authority under section
21 47104(a) of title 49, United States Code: Provided further,
22 That the Secretary may provide grants from funds made
23 available under this heading in this Act for a project at
24 any airport that is eligible to receive a grant from the dis-
25 cretionary fund under section 47115(a) of title 49, United
† HR 3684 EAS
2617
1 States Code: Provided further, That in making awards from
2 funds made available under this heading in this Act, the
3 Secretary shall provide a preference to projects that achieve
4 a complete development objective, even if awards for the
5 project must be phased, and the Secretary shall prioritize
6 projects that have received partial awards: Provided fur-
7 ther, That up to 3 percent of the amounts made available
8 under this heading in this Act in each fiscal year shall be
9 for personnel, contracting and other costs to administer and
10 oversee grants, of which $1,000,000 in each fiscal year shall
11 be transferred to the Office of Inspector General of the De-
12 partment of Transportation for oversight of funding pro-
13 vided to the Department of Transportation in this title in
14 this Act: Provided further, That such amount is designated
15 by the Congress as being for an emergency requirement pur-
16 suant to section 4112(a) of H. Con. Res. 71 (115th Con-
17 gress), the concurrent resolution on the budget for fiscal year
18 2018, and to section 251(b) of the Balanced Budget and
19 Emergency Deficit Control Act of 1985.
20 FEDERAL HIGHWAY ADMINISTRATION
21 HIGHWAY INFRASTRUCTURE PROGRAM
† HR 3684 EAS
2618
1 Provided, That of the amount provided under this heading
2 in this Act, $9,454,400,000, to remain available until Sep-
3 tember 30, 2025, shall be made available for fiscal year
4 2022, $9,454,400,000, to remain available until September
5 30, 2026, shall be made available for fiscal year 2023,
6 $9,454,400,000, to remain available until September 30,
7 2027, shall be made available for fiscal year 2024,
8 $9,454,400,000, to remain available until September 30,
9 2028, shall be made available for fiscal year 2025, and
10 $9,454,400,000, to remain available until September 30,
11 2029, shall be made available for fiscal year 2026: Provided
12 further, That the funds made available under this heading
13 in this Act shall be derived from the general fund of the
14 Treasury, shall be in addition to any other amounts made
15 available for such purpose, and shall not affect the distribu-
16 tion or amount of funds provided in any Act making an-
17 nual appropriations: Provided further, That, except for
18 funds provided in paragraph (1) under this heading in this
19 Act, up to 1.5 percent of the amounts made available under
20 this heading in this Act in each of fiscal years 2022 through
21 2026 shall be for operations and administrations of the Fed-
22 eral Highway Administration, of which $1,000,000 in each
23 fiscal year shall be transferred to the Office of the Inspector
24 General of the Department of Transportation for oversight
25 of funding provided to the Department of Transportation
† HR 3684 EAS
2619
1 in this title in this Act: Provided further, That the amounts
2 made available in the preceding proviso may be combined
3 with the funds made available in paragraph (1) under this
4 heading in this Act for the same purposes in the same ac-
5 count: Provided further, That the funds made available
6 under this heading in this Act shall not be subject to any
7 limitation on obligations for Federal-aid highways or high-
8 way safety construction programs set forth in any Act mak-
9 ing annual appropriations: Provided further, That, of the
10 amount provided under this heading in this Act, the fol-
11 lowing amounts shall be for the following purposes in equal
12 amounts for each of fiscal years 2022 through 2026—
13 (1) $27,500,000,000 shall be for a bridge replace-
14 ment, rehabilitation, preservation, protection, and
15 construction program: Provided further, That, except
16 as otherwise provided under this paragraph in this
17 Act, the funds made available under this paragraph
18 in this Act shall be administered as if apportioned
19 under chapter 1 of title 23, United States Code: Pro-
20 vided further, That a project funded with funds made
21 available under this paragraph in this Act shall be
22 treated as a project on a Federal-aid highway: Pro-
23 vided further, That, of the funds made available
24 under this paragraph in this Act for a fiscal year, 3
25 percent shall be set aside to carry out section 202(d)
† HR 3684 EAS
2620
1 of title 23, United States Code: Provided further, That
2 funds set aside under the preceding proviso to carry
3 out section 202(d) of such title shall be in addition
4 to funds otherwise made available to carry out such
5 section and shall be administered as if made available
6 under such section: Provided further, That for funds
7 set aside under the third proviso of this paragraph in
8 this Act to carry out section 202(d) of title 23, United
9 States Code, the Federal share of the costs shall be 100
10 percent: Provided further, That, for the purposes of
11 funds made available under this paragraph in this
12 Act: (1) the term ‘‘State’’ has the meaning given such
13 term in section 101 of title 23, United States Code;
14 (2) the term ‘‘off-system bridge’’ means a highway
15 bridge located on a public road, other than a bridge
16 on a Federal-aid highway; and (3) the term ‘‘Federal-
17 aid highway’’ means a public highway eligible for as-
18 sistance under chapter 1 of title 23, United States
19 Code, other than a highway functionally classified as
20 a local road or rural minor collector: Provided fur-
21 ther, That up to one-half of one percent of the
22 amounts made available under this paragraph in this
23 Act in each fiscal year shall be for the administration
24 and operations of the Federal Highway Administra-
25 tion: Provided further, That, after setting aside funds
† HR 3684 EAS
2621
1 under the third proviso of this paragraph in this Act
2 the Secretary shall distribute the remaining funds
3 made available under this paragraph in this Act
4 among States as follows—
5 (A) 75 percent by the proportion that the
6 total cost of replacing all bridges classified in
7 poor condition in such State bears to the sum of
8 the total cost to replace all bridges classified in
9 poor condition in all States; and
10 (B) 25 percent by the proportion that the
11 total cost of rehabilitating all bridges classified
12 in fair condition in such State bears to the sum
13 of the total cost to rehabilitate all bridges classi-
14 fied in fair condition in all States:
15 Provided further, That the amounts calculated under the
16 preceding proviso shall be adjusted such that each State re-
17 ceives, for each of fiscal years 2022 through 2026, no less
18 than $45,000,000 under such proviso: Provided further,
19 That for purposes of the preceding 2 provisos, the Secretary
20 shall determine replacement and rehabilitation costs based
21 on the average unit costs of bridges from 2016 through 2020,
22 as submitted by States to the Federal Highway Administra-
23 tion, as required by section 144(b)(5) of title 23, United
24 States Code: Provided further, That for purposes of deter-
25 mining the distribution of funds to States under this para-
† HR 3684 EAS
2622
1 graph in this Act, the Secretary shall calculate the total
2 deck area of bridges classified as in poor or fair condition
3 based on the National Bridge Inventory as of December 31,
4 2020: Provided further, That, subject to the following pro-
5 viso, funds made available under this paragraph in this
6 Act that are distributed to States shall be used for highway
7 bridge replacement, rehabilitation, preservation, protection,
8 or construction projects on public roads: Provided further,
9 That of the funds made available under this paragraph in
10 this Act that are distributed to a State, 15 percent shall
11 be set aside for use on off-system bridges for the same pur-
12 poses as described in the preceding proviso: Provided fur-
13 ther, That, except as provided in the following proviso, for
14 funds made available under this paragraph in this Act that
15 are distributed to States, the Federal share shall be deter-
16 mined in accordance with section 120 of title 23, United
17 States Code: Provided further, That for funds made avail-
18 able under this paragraph in this Act that are distributed
19 to States and used on an off-system bridge that is owned
20 by a county, town, township, city, municipality or other
21 local agency, or federally-recognized Tribe the Federal share
22 shall be 100 percent;
23 (2) $5,000,000,000, to remain available until ex-
24 pended for amounts made available for each of fiscal
25 years 2022 through 2026, shall be to carry out a Na-
† HR 3684 EAS
2623
1 tional Electric Vehicle Formula Program (referred to
2 in this paragraph in this Act as the ‘‘Program’’) to
3 provide funding to States to strategically deploy elec-
4 tric vehicle charging infrastructure and to establish
5 an interconnected network to facilitate data collection,
6 access, and reliability: Provided, That funds made
7 available under this paragraph in this Act shall be
8 used for: (1) the acquisition and installation of elec-
9 tric vehicle charging infrastructure to serve as a cata-
10 lyst for the deployment of such infrastructure and to
11 connect it to a network to facilitate data collection,
12 access, and reliability; (2) proper operation and
13 maintenance of electric vehicle charging infrastruc-
14 ture; and (3) data sharing about electric vehicle
15 charging infrastructure to ensure the long-term suc-
16 cess of investments made under this paragraph in this
17 Act: Provided further, That for each of fiscal years
18 2022 through 2026, the Secretary shall distribute
19 among the States the funds made available under this
20 paragraph in this Act so that each State receives an
21 amount equal to the proportion that the total base ap-
22 portionment or allocation determined for the State
23 under subsection (c) of section 104 or under section
24 165 of title 23, United States Code, bears to the total
25 base apportionments or allocations for all States
† HR 3684 EAS
2624
1 under subsection (c) of section 104 and section 165 of
2 title 23, United States Code: Provided further, That
3 the Federal share payable for the cost of a project
4 funded under this paragraph in this Act shall be 80
5 percent: Provided further, That the Secretary shall es-
6 tablish a deadline by which a State shall provide a
7 plan to the Secretary, in such form and such manner
8 that the Secretary requires (to be made available on
9 the Department’s website), describing how such State
10 intends to use funds distributed to the State under
11 this paragraph in this Act to carry out the Program
12 for each fiscal year in which funds are made avail-
13 able: Provided further, That, not later than 120 days
14 after the deadline established in the preceding proviso,
15 the Secretary shall make publicly available on the De-
16 partment’s website and submit to the House Com-
17 mittee on Transportation and Infrastructure, the Sen-
18 ate Committee on Environment and Public Works,
19 and the House and Senate Committees on Appropria-
20 tions, a report summarizing each plan submitted by
21 a State to the Department of Transportation and an
22 assessment of how such plans make progress towards
23 the establishment of a national network of electric ve-
24 hicle charging infrastructure: Provided further, That
25 if a State fails to submit the plan required under the
† HR 3684 EAS
2625
1 fourth proviso of this paragraph in this Act to the
2 Secretary by the date specified in such proviso, or if
3 the Secretary determines a State has not taken action
4 to carry out its plan, the Secretary may withhold or
5 withdraw, as applicable, funds made available under
6 this paragraph in this Act for the fiscal year from the
7 State and award such funds on a competitive basis
8 to local jurisdictions within the State for use on
9 projects that meet the eligibility requirements under
10 this paragraph in this Act: Provided further, That,
11 prior to the Secretary making a determination that
12 a State has not taken actions to carry out its plan,
13 the Secretary shall notify the State, consult with the
14 State, and identify actions that can be taken to rec-
15 tify concerns, and provide at least 90 days for the
16 State to rectify concerns and take action to carry out
17 its plan: Provided further, That the Secretary shall
18 provide notice to a State on the intent to withhold or
19 withdraw funds not less than 60 days before with-
20 holding or withdrawing any funds, during which
21 time the States shall have an opportunity to appeal
22 a decision to withhold or withdraw funds directly to
23 the Secretary: Provided further, That if the Secretary
24 determines that any funds withheld or withdrawn
25 from a State under the preceding proviso cannot be
† HR 3684 EAS
2626
1 fully awarded to local jurisdictions within the State
2 under the preceding proviso in a manner consistent
3 with the purpose of this paragraph in this Act, any
4 such funds remaining shall be distributed among
5 other States (except States for which funds for that
6 fiscal year have been withheld or withdrawn under
7 the preceding proviso) in the same manner as funds
8 distributed for that fiscal year under the second pro-
9 viso under this paragraph in this Act, except that the
10 ratio shall be adjusted to exclude States for which
11 funds for that fiscal year have been withheld or with-
12 drawn under the preceding proviso: Provided further,
13 That funds distributed under the preceding proviso
14 shall only be available to carry out this paragraph in
15 this Act: Provided further, That funds made available
16 under this paragraph in this Act may be used to con-
17 tract with a private entity for acquisition and instal-
18 lation of publicly accessible electric vehicle charging
19 infrastructure and the private entity may pay the
20 non-Federal share of the cost of a project funded
21 under this paragraph: Provided further, That funds
22 made available under this paragraph in this Act shall
23 be for projects directly related to the charging of a ve-
24 hicle and only for electric vehicle charging infrastruc-
25 ture that is open to the general public or to author-
† HR 3684 EAS
2627
1 ized commercial motor vehicle operators from more
2 than one company: Provided further, That any elec-
3 tric vehicle charging infrastructure acquired or in-
4 stalled with funds made available under this para-
5 graph in this Act shall be located along a designated
6 alternative fuel corridor: Provided further, That no
7 later than 90 days after the date of enactment of this
8 Act, the Secretary of Transportation, in coordination
9 with the Secretary of Energy, shall develop guidance
10 for States and localities to strategically deploy electric
11 vehicle charging infrastructure, consistent with this
12 paragraph in this Act: Provided further, That the
13 Secretary of Transportation, in coordination with the
14 Secretary of Energy, shall consider the following in
15 developing the guidance described in the preceding
16 proviso: (1) the distance between publicly available
17 electric vehicle charging infrastructure; (2) connec-
18 tions to the electric grid, including electric distribu-
19 tion upgrades; vehicle-to-grid integration, including
20 smart charge management or other protocols that can
21 minimize impacts to the grid; alignment with electric
22 distribution interconnection processes, and plans for
23 the use of renewable energy sources to power charging
24 and energy storage; (3) the proximity of existing off-
25 highway travel centers, fuel retailers, and small busi-
† HR 3684 EAS
2628
1 nesses to electric vehicle charging infrastructure ac-
2 quired or funded under this paragraph in this Act;
3 (4) the need for publicly available electric vehicle
4 charging infrastructure in rural corridors and under-
5 served or disadvantaged communities; (5) the long-
6 term operation and maintenance of publicly available
7 electric vehicle charging infrastructure to avoid
8 stranded assets and protect the investment of public
9 funds in that infrastructure; (6) existing private, na-
10 tional, State, local, Tribal, and territorial government
11 electric vehicle charging infrastructure programs and
12 incentives; (7) fostering enhanced, coordinated, pub-
13 lic-private or private investment in electric vehicle
14 charging infrastructure; (8) meeting current and an-
15 ticipated market demands for electric vehicle charging
16 infrastructure, including with regard to power levels
17 and charging speed, and minimizing the time to
18 charge current and anticipated vehicles; and (9) any
19 other factors, as determined by the Secretary: Pro-
20 vided further, That if a State determines, and the
21 Secretary certifies, that the designated alternative fuel
22 corridors in the States are fully built out, then the
23 State may use funds provided under this paragraph
24 for electric vehicle charging infrastructure on any
25 public road or in other publically accessible locations,
† HR 3684 EAS
2629
1 such as parking facilities at public buildings, public
2 schools, and public parks, or in publically accessible
3 parking facilities owned or managed by a private en-
4 tity: Provided further, That subject to the minimum
5 standards and requirements established under the fol-
6 lowing proviso, funds made available under this
7 paragraph in this Act may be used for: (1) the acqui-
8 sition or installation of electric vehicle charging in-
9 frastructure; (2) operating assistance for costs allo-
10 cable to operating and maintaining electric vehicle
11 charging infrastructure acquired or installed under
12 this paragraph in this Act, for a period not to exceed
13 five years; (3) the acquisition or installation of traffic
14 control devices located in the right-of-way to provide
15 directional information to electric vehicle charging in-
16 frastructure acquired, installed, or operated under
17 this paragraph in this Act; (4) on-premises signs to
18 provide information about electric vehicle charging
19 infrastructure acquired, installed, or operated under
20 this paragraph in this Act; (5) development phase ac-
21 tivities relating to the acquisition or installation of
22 electric vehicle charging infrastructure, as determined
23 by the Secretary; or (6) mapping and analysis activi-
24 ties to evaluate, in an area in the United States des-
25 ignated by the eligible entity, the locations of current
† HR 3684 EAS
2630
1 and future electric vehicle owners, to forecast com-
2 muting and travel patterns of electric vehicles and the
3 quantity of electricity required to serve electric vehicle
4 charging stations, to estimate the concentrations of
5 electric vehicle charging stations to meet the needs of
6 current and future electric vehicle drivers, to estimate
7 future needs for electric vehicle charging stations to
8 support the adoption and use of electric vehicles in
9 shared mobility solutions, such as micro-transit and
10 transportation network companies, and to develop an
11 analytical model to allow a city, county, or other po-
12 litical subdivision of a State or a local agency to
13 compare and evaluate different adoption and use sce-
14 narios for electric vehicles and electric vehicle charg-
15 ing stations: Provided further, That not later than
16 180 days after the date of enactment of this Act, the
17 Secretary of Transportation, in coordination with the
18 Secretary of Energy and in consultation with rel-
19 evant stakeholders, shall, as appropriate, develop min-
20 imum standards and requirements related to: (1) the
21 installation, operation, or maintenance by qualified
22 technicians of electric vehicle charging infrastructure
23 under this paragraph in this Act; (2) the interoper-
24 ability of electric vehicle charging infrastructure
25 under this paragraph in this Act; (3) any traffic con-
† HR 3684 EAS
2631
1 trol device or on-premises sign acquired, installed, or
2 operated under this paragraph in this Act; (4) any
3 data requested by the Secretary related to a project
4 funded under this paragraph in this Act, including
5 the format and schedule for the submission of such
6 data; (5) network connectivity of electric vehicle
7 charging infrastructure; and (6) information on pub-
8 licly available electric vehicle charging infrastructure
9 locations, pricing, real-time availability, and accessi-
10 bility through mapping applications: Provided fur-
11 ther, That not later than 1 year after the date of en-
12 actment of this Act, the Secretary shall designate na-
13 tional electric vehicle charging corridors that identify
14 the near- and long-term need for, and the location of,
15 electric vehicle charging infrastructure to support
16 freight and goods movement at strategic locations
17 along major national highways, the National High-
18 way Freight Network established under section 167 of
19 title 23, United States Code, and goods movement lo-
20 cations including ports, intermodal centers, and
21 warehousing locations: Provided further, That the re-
22 port issued under section 151(e) of title 23, United
23 States Code, shall include a description of efforts to
24 achieve strategic deployment of electric vehicle charg-
25 ing infrastructure in electric vehicle charging cor-
† HR 3684 EAS
2632
1 ridors, including progress on the implementation of
2 the Program under this paragraph in this Act: Pro-
3 vided further, That, for fiscal year 2022, before dis-
4 tributing funds made available under this paragraph
5 in this Act to States, the Secretary shall set aside
6 from funds made available under this paragraph in
7 this Act to carry out this paragraph in this Act not
8 more than $300,000,000, which may be transferred to
9 the Joint Office described in the twenty-fourth proviso
10 of this paragraph in this Act, to establish such Joint
11 Office and carry out its duties under this paragraph
12 in this Act: Provided further, That, for each of fiscal
13 years 2022 through 2026, after setting aside funds
14 under the preceding proviso, and before distributing
15 funds made available under this paragraph in this
16 Act to States, the Secretary shall set aside from funds
17 made available under this paragraph in this Act for
18 such fiscal year to carry out this paragraph in this
19 Act 10 percent for grants to States or localities that
20 require additional assistance to strategically deploy
21 electric vehicle charging infrastructure: Provided fur-
22 ther, That not later than 1 year after the date of en-
23 actment of this Act, the Secretary shall establish a
24 grant program to administer to States or localities
25 the amounts set aside under the preceding proviso:
† HR 3684 EAS
2633
1 Provided further, That, except as otherwise specified
2 under this paragraph in this Act, funds made avail-
3 able under this paragraph in this Act, other than
4 funds transferred under the nineteenth proviso of this
5 paragraph in this Act to the Joint Office, shall be ad-
6 ministered as if apportioned under chapter 1 of title
7 23, United States Code: Provided further, That funds
8 made available under this paragraph in this Act shall
9 not be transferable under section 126 of title 23,
10 United States Code: Provided further, That there is
11 established a Joint Office of Energy and Transpor-
12 tation (referred to in this paragraph in this Act as
13 the ‘‘Joint Office’’) in the Department of Transpor-
14 tation and the Department of Energy to study, plan,
15 coordinate, and implement issues of joint concern be-
16 tween the two agencies, which shall include: (1) tech-
17 nical assistance related to the deployment, operation,
18 and maintenance of zero emission vehicle charging
19 and refueling infrastructure, renewable energy genera-
20 tion, vehicle-to-grid integration, including microgrids,
21 and related programs and policies; (2) data sharing
22 of installation, maintenance, and utilization in order
23 to continue to inform the network build out of zero
24 emission vehicle charging and refueling infrastruc-
25 ture; (3) performance of a national and regionalized
† HR 3684 EAS
2634
1 study of zero emission vehicle charging and refueling
2 infrastructure needs and deployment factors, to sup-
3 port grants for community resilience and electric ve-
4 hicle integration; (4) development and deployment of
5 training and certification programs; (5) establish-
6 ment and implementation of a program to promote
7 renewable energy generation, storage, and grid inte-
8 gration, including microgrids, in transportation
9 rights-of-way; (6) studying, planning, and funding
10 for high-voltage distributed current infrastructure in
11 the rights-of way of the Interstate System and for
12 constructing high-voltage and or medium-voltage
13 transmission pilots in the rights-of-way of the Inter-
14 state System; (7) research, strategies, and actions
15 under the Departments’ statutory authorities to re-
16 duce transportation-related emissions and mitigate
17 the effects of climate change; (8) development of a
18 streamlined utility accommodations policy for high-
19 voltage and medium-voltage transmission in the
20 transportation right-of-way; and (9) any other issues
21 that the Secretary of Transportation and the Sec-
22 retary of Energy identify as issues of joint interest:
23 Provided further, That the Joint Office of Energy and
24 Transportation shall establish and maintain a public
25 database, accessible on both Department of Transpor-
† HR 3684 EAS
2635
1 tation and Department of Energy websites, that in-
2 cludes: (1) information maintained on the Alternative
3 Fuel Data Center by the Office of Energy Efficiency
4 and Renewable Energy of the Department of Energy
5 with respect to the locations of electric vehicle charg-
6 ing stations; (2) potential locations for electric vehicle
7 charging stations identified by eligible entities
8 through the program; and (3) the ability to sort gen-
9 erated results by various characteristics with respect
10 to electric vehicle charging stations, including loca-
11 tion, in terms of the State, city, or county; status
12 (operational, under construction, or planned); and
13 charging type, in terms of Level 2 charging equip-
14 ment or Direct Current Fast Charging Equipment:
15 Provided further, That the Secretary of Transpor-
16 tation and the Secretary of Energy shall cooperatively
17 administer the Joint Office consistent with this para-
18 graph in this Act: Provided further, That the Sec-
19 retary of Transportation and the Secretary of Energy
20 may transfer funds between the Department of Trans-
21 portation and the Department of Energy from funds
22 provided under this paragraph in this Act to establish
23 the Joint Office and to carry out its duties under this
24 paragraph in this Act and any such funds or portions
25 thereof transferred to the Joint Office may be trans-
† HR 3684 EAS
2636
1 ferred back to and merged with this account: Provided
2 further, That the Secretary of Transportation and the
3 Secretary of Energy shall notify the House and Sen-
4 ate Committees on Appropriations not less than 15
5 days prior to transferring any funds under the pre-
6 vious proviso: Provided further, That for the purposes
7 of funds made available under this paragraph in this
8 Act: (1) the term ‘‘State’’ has the meaning given such
9 term in section 101 of title 23, United States Code;
10 and (2) the term ‘‘Federal-aid highway’’ means a
11 public highway eligible for assistance under chapter 1
12 of title 23, United States Code, other than a highway
13 functionally classified as a local road or rural minor
14 collector: Provided further, That, of the funds made
15 available in this division or division A of this Act for
16 the Federal lands transportation program under sec-
17 tion 203 of title 23, United States Code, not less than
18 $7,000,000 shall be made available for each Federal
19 agency otherwise eligible to compete for amounts
20 made available under that section for each of fiscal
21 years 2022 through 2026;
22 (3) $3,200,000,000 shall be to carry out the Na-
23 tionally Significant Freight and Highway Projects
24 program under section 117 of title 23, United States
25 Code;
† HR 3684 EAS
2637
1 (4) $9,235,000,000 shall be to carry out the
2 Bridge Investment Program under section 124 of title
3 23, United States Code: Provided, That, of the funds
4 made available under this paragraph in this Act for
5 a fiscal year, $20,000,000 shall be set aside to carry
6 out section 202(d) of title 23, United States Code:
7 Provided further, That, of the funds made available
8 under this paragraph in this Act for a fiscal year,
9 $20,000,000 shall be set aside to provide grants for
10 planning, feasibility analysis, and revenue forecasting
11 associated with the development of a project that
12 would subsequently be eligible to apply for assistance
13 under this paragraph: Provided further, That funds
14 set aside under the first proviso of this paragraph in
15 this Act to carry out section 202(d) of such title shall
16 be in addition to funds otherwise made available to
17 carry out such section and shall be administered as
18 if made available under such section: Provided fur-
19 ther, That for funds set aside under the first proviso
20 of this paragraph in this Act to carry out section
21 202(d) of title 23, United States Code, the Federal
22 share of the costs shall be 100 percent;
23 (5) $150,000,000 shall be to carry out the Reduc-
24 tion of Truck Emissions at Port Facilities Program
25 under section 11402 of division A of this Act: Pro-
† HR 3684 EAS
2638
1 vided, That, except as otherwise provided in section
2 11402 of division A of this Act, the funds made avail-
3 able under this paragraph in this Act shall be admin-
4 istered as if apportioned under chapter 1 of title 23,
5 United States Code;
6 (6) $95,000,000, to remain available until ex-
7 pended for amounts made available for each of fiscal
8 years 2022 through 2026, shall be to carry out the
9 University Transportation Centers Program under
10 section 5505 of title 49, United States Code;
11 (7) $500,000,000, to remain available until ex-
12 pended for amounts made available for each of fiscal
13 years 2022 through 2026, shall be to carry out the Re-
14 connecting Communities Pilot Program (referred to
15 under this paragraph in this Act as the ‘‘pilot pro-
16 gram’’) under section 11509 of division A of this Act,
17 of which $100,000,000 shall be for planning grants
18 under section 11509(c) of division A of this Act and
19 of which $400,000,000 shall be available for capital
20 construction grants under section 11509(d) of division
21 A of this Act: Provided, That of the amounts made
22 available under this paragraph in this Act for section
23 11509(c) of division A of this Act, the Secretary may
24 use not more than $15,000,000 during the period of
25 fiscal years 2022 through 2026 to provide technical
† HR 3684 EAS
2639
1 assistance under section 11509(c)(3) of division A of
2 this Act: Provided further, That, except as otherwise
3 provided in section 11509 of division A of this Act,
4 amounts made available under this paragraph in this
5 Act shall be administered as if made available under
6 chapter 1 of title 23, United States Code;
7 (8) $342,000,000, to remain available until ex-
8 pended for amounts made available for each of fiscal
9 years 2022 through 2026, shall be to carry out the
10 Construction of Ferry Boats and Ferry Terminal Fa-
11 cilities program under section 147 of title 23, United
12 States Code: Provided, That amounts made available
13 under this paragraph in this Act shall be adminis-
14 tered as if made available under section 147 of title
15 23, United States Code; and
16 (9) $1,250,000,000, to remain available until ex-
17 pended for amounts made available for each of fiscal
18 years 2022 through 2026, shall be for construction of
19 the Appalachian Development Highway System as
20 authorized under section 1069(y) of Public Law 102–
21 240: Provided, That, for the purposes of funds made
22 available under this paragraph in this Act for con-
23 struction of the Appalachian Development Highway
24 System, the term ‘‘Appalachian State’’ means a State
25 that contains 1 or more counties (including any polit-
† HR 3684 EAS
2640
1 ical subdivision located within the area) in the Appa-
2 lachian region, as defined in section 14102(a) of title
3 40, United States Code: Provided further, That a
4 project carried out with funds made available under
5 this paragraph in this Act for construction of the Ap-
6 palachian Development Highway System shall be
7 made available for obligation in the same manner as
8 if apportioned under chapter 1 of title 23, United
9 States Code, except that: (1) the Federal share of the
10 cost of any project carried out with those amounts
11 shall be determined in accordance with section 14501
12 of title 40, United States Code; and (2) the amounts
13 shall be available to construct highways and access
14 roads under section 14501 of title 40, United States
15 Code: Provided further, That, subject to the following
16 two provisos, in consultation with the Appalachian
17 Regional Commission, the funds made available
18 under this paragraph in this Act for construction of
19 the Appalachian Development Highway System shall
20 be apportioned to Appalachian States according to
21 the percentages derived from the 2021 Appalachian
22 Development Highway System Cost-to-Complete Esti-
23 mate, dated March 2021, and confirmed as each Ap-
24 palachian State’s relative share of the estimated re-
25 maining need to complete the Appalachian Develop-
† HR 3684 EAS
2641
1 ment Highway System, adjusted to exclude those cor-
2 ridors that such States have no current plans to com-
3 plete, as reported in the 2013 Appalachian Develop-
4 ment Highway System Completion Report, unless
5 those States have modified and assigned a higher pri-
6 ority for completion of an Appalachian Development
7 Highway System corridor, as reported in the 2020
8 Appalachian Development Highway System Future
9 Outlook: Provided further, That the Secretary shall
10 adjust apportionments made under the third proviso
11 in this paragraph in this Act so that no Appalachian
12 State shall be apportioned an amount in excess of 30
13 percent of the amount made available for construction
14 of the Appalachian Development Highway System
15 under this heading: Provided further, That the Sec-
16 retary shall adjust apportionments made under the
17 third proviso in this paragraph in this Act so that:
18 (1) each State shall be apportioned an amount not
19 less than $10,000,000 for each of fiscal years 2022
20 through 2026; and (2) notwithstanding paragraph (1)
21 of this proviso, a State shall not receive an apportion-
22 ment that exceeds the remaining funds needed to com-
23 plete the Appalachian development highway corridor
24 or corridors in the State, as identified in the latest
25 available cost to complete estimate for the system pre-
† HR 3684 EAS
2642
1 pared by the Appalachian Regional Commission: Pro-
2 vided further, That the Federal share of the cost of
3 any project carried out with funds made available
4 under this paragraph in this Act shall be up to 100
5 percent, as determined by the State:
6 Provided further, That such amount is designated by the
7 Congress as being for an emergency requirement pursuant
8 to section 4112(a) of H. Con. Res. 71 (115th Congress), the
9 concurrent resolution on the budget for fiscal year 2018,
10 and to section 251(b) of the Balanced Budget and Emer-
11 gency Deficit Control Act of 1985.
12 FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION
13 MOTOR CARRIER SAFETY OPERATIONS AND PROGRAM
† HR 3684 EAS
2643
1 September 30, 2028, shall be made available for fiscal year
2 2025, and $10,000,000, to remain available until Sep-
3 tember 30, 2029, shall be made available for fiscal year
4 2026: Provided further, That amounts made available
5 under this heading in this Act shall be derived from the
6 general fund of the Treasury, shall be in addition to any
7 other amounts made available for such purpose, and shall
8 not affect the distribution or amount of funds provided in
9 any Act making annual appropriations: Provided further,
10 That obligations of funds under this heading in this Act
11 shall not be subject to any limitations on obligations pro-
12 vided in any Act making annual appropriations: Provided
13 further, That such amount is designated by the Congress
14 as being for an emergency requirement pursuant to section
15 4112(a) of H. Con. Res. 71 (115th Congress), the concurrent
16 resolution on the budget for fiscal year 2018, and pursuant
17 to section 251(b) of the Balanced Budget and Emergency
18 Deficit Control Act of 1985.
19 MOTOR CARRIER SAFETY GRANTS
† HR 3684 EAS
2644
1 2025, shall be made available for fiscal year 2022,
2 $124,500,000, to remain available until September 30,
3 2026, shall be made available for fiscal year 2023,
4 $124,500,000, to remain available until September 30,
5 2027, shall be made available for fiscal year 2024,
6 $124,500,000, to remain available until September 30,
7 2028, shall be made available for fiscal year 2025, and
8 $124,500,000, to remain available until September 30,
9 2029, shall be made available for fiscal year 2026: Provided
10 further, That, of the amounts provided under this heading
11 in this Act, the following amounts shall be available for the
12 following purposes in equal amounts for each of fiscal years
13 2022 through 2026—
14 (1) up to $400,000,000 shall be for the motor
15 carrier safety assistance program;
16 (2) up to $80,000,000 shall be for the commercial
17 driver’s license program implementation program;
18 (3) up to $132,500,000 shall be for the high pri-
19 ority activities program; and
20 (4) up to $10,000,000 shall be for commercial
21 motor vehicle operators grants:
22 Provided further, That amounts made available under this
23 heading in this Act shall be derived from the general fund
24 of the Treasury, shall be in addition to any other amounts
25 made available for such purpose, and shall not affect the
† HR 3684 EAS
2645
1 distribution or amount of funds provided in any Act mak-
2 ing annual appropriations: Provided further, That obliga-
3 tions of funds under this heading in this Act shall not be
4 subject to any limitations on obligations provided in any
5 Act making annual appropriations: Provided further, That
6 up to 1.5 percent of the amounts made available under this
7 heading in this Act in each fiscal year shall be for oversight
8 and administration: Provided further, That such amount
9 is designated by the Congress as being for an emergency
10 requirement pursuant to section 4112(a) of H. Con. Res.
11 71 (115th Congress), the concurrent resolution on the budget
12 for fiscal year 2018, and pursuant to section 251(b) of the
13 Balanced Budget and Emergency Deficit Control Act of
14 1985.
15 NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION
16 CRASH DATA
† HR 3684 EAS
2646
1 2027, shall be made available for fiscal year 2024,
2 $150,000,000, to remain available until September 30,
3 2028, shall be made available for fiscal year 2025, and
4 $150,000,000, to remain available until September 30,
5 2029, shall be made available for fiscal year 2026: Provided
6 further, That up to 3 percent of the amounts made available
7 under this heading in this Act in each of fiscal years 2022
8 through 2026 shall be for salaries and expenses, administra-
9 tion, and oversight, and shall be transferred and merged
10 with the appropriations under the heading ‘‘Operations and
11 Research’’: Provided further, That not later than 90 days
12 after the date of enactment of this Act, the Secretary of
13 Transportation shall submit to the House and Senate Com-
14 mittees on Appropriations a funding allocation plan for fis-
15 cal year 2022: Provided further, That for each fiscal year
16 through 2026, as part of the annual budget submission of
17 the President under section 1105(a) of title 31, United
18 States Code, the Secretary of Transportation shall submit
19 a funding allocation plan for funding that will be made
20 available under this heading in the upcoming fiscal year:
21 Provided further, That such amount is designated by the
22 Congress as being for an emergency requirement pursuant
23 to section 4112(a) of H. Con. Res. 71 (115th Congress), the
24 concurrent resolution on the budget for fiscal year 2018,
† HR 3684 EAS
2647
1 and pursuant to section 251(b) of the Balanced Budget and
2 Emergency Deficit Control Act of 1985.
3 VEHICLE SAFETY AND BEHAVIORAL RESEARCH PROGRAMS
† HR 3684 EAS
2648
1 tions of funds under this heading in this Act shall not be
2 subject to any limitations on obligations provided in any
3 Act making annual appropriations: Provided further, That
4 of the amounts made available under this heading in this
5 Act, up to $350,000,000 may be transferred to ‘‘Operations
6 and Research’’ to carry out traffic and highway safety au-
7 thorized under chapter 301 and part C of subtitle VI of
8 title 49, United States Code: Provided further, That not
9 later than 90 days after the date of enactment of this Act,
10 the Secretary of Transportation shall submit to the House
11 and Senate Committees on Appropriations a funding allo-
12 cation for fiscal year 2022: Provided further, That for each
13 fiscal year through 2026, as part of the annual budget sub-
14 mission of the President under section 1105(a) of title 31,
15 United States Code, the Secretary of Transportation shall
16 submit a funding allocation for funding that will be made
17 available under this heading in the upcoming fiscal year:
18 Provided further, That such amount is designated by the
19 Congress as being for an emergency requirement pursuant
20 to section 4112(a) of H. Con. Res. 71 (115th Congress), the
21 concurrent resolution on the budget for fiscal year 2018,
22 and pursuant to section 251(b) of the Balanced Budget and
23 Emergency Deficit Control Act of 1985.
† HR 3684 EAS
2649
1 SUPPLEMENTAL HIGHWAY TRAFFIC SAFETY PROGRAMS
† HR 3684 EAS
2650
1 (1) $100,000,000 shall be for highway safety pro-
2 grams under section 402 of title 23, United States
3 Code;
4 (2) $110,000,000 shall be for national priority
5 safety programs under section 405 of title 23, United
6 States Code; and
7 (3) $100,000,000 shall be for administrative ex-
8 penses under section 24101(a)(5) of division B of this
9 Act:
10 Provided further, That such amount is designated by the
11 Congress as being for an emergency requirement pursuant
12 to section 4112(a) of H. Con. Res. 71 (115th Congress), the
13 concurrent resolution on the budget for fiscal year 2018,
14 and pursuant to section 251(b) of the Balanced Budget and
15 Emergency Deficit Control Act of 1985.
16 FEDERAL RAILROAD ADMINISTRATION
17 CONSOLIDATED RAIL INFRASTRUCTURE AND SAFETY
18 IMPROVEMENTS
† HR 3684 EAS
2651
1 be made available for fiscal year 2023, $1,000,000,000, to
2 remain available until expended, shall be made available
3 for fiscal year 2024, $1,000,000,000, to remain available
4 until expended, shall be made available for fiscal year 2025,
5 and $1,000,000,000, to remain available until expended,
6 shall be made available for fiscal year 2026: Provided fur-
7 ther, That the Secretary may withhold up to 2 percent of
8 the amounts provided under this heading in this Act in each
9 fiscal year for the costs of award and project management
10 oversight of grants carried out under section 22907 of title
11 49, United States Code: Provided further, That such
12 amount is designated by the Congress as being for an emer-
13 gency requirement pursuant to section 4112(a) of H. Con.
14 Res. 71 (115th Congress), the concurrent resolution on the
15 budget for fiscal year 2018, and to section 251(b) of the
16 Balanced Budget and Emergency Deficit Control Act of
17 1985.
18 NORTHEAST CORRIDOR GRANTS TO THE NATIONAL
† HR 3684 EAS
2652
1 That $1,200,000,000, to remain available until expended,
2 shall be made available for fiscal year 2022, $1,200,000,000,
3 to remain available until expended, shall be made available
4 for fiscal year 2023, $1,200,000,000, to remain available
5 until expended, shall be made available for fiscal year 2024,
6 $1,200,000,000, to remain available until expended, shall
7 be made available for fiscal year 2025, and $1,200,000,000,
8 to remain available until expended, shall be made available
9 for fiscal year 2026: Provided further, That the amounts
10 made available under this heading in this Act shall be made
11 available for capital projects for the purpose of eliminating
12 the backlog of obsolete assets and Amtrak’s deferred mainte-
13 nance backlog of rolling stock, facilities, stations, and infra-
14 structure: Provided further, That amounts made available
15 under this heading in this Act shall be made available for
16 the following capital projects—
17 (1) acquiring new passenger rolling stock for the
18 replacement of single-level passenger cars used in Am-
19 trak’s Northeast Corridor services, and associated re-
20 habilitation, upgrade, and expansion of facilities used
21 to maintain and store such equipment;
22 (2) bringing Amtrak-served stations to full com-
23 pliance with the Americans with Disabilities Act;
† HR 3684 EAS
2653
1 (3) eliminating the backlog of deferred capital
2 work on sole-benefit Amtrak-owned assets located on
3 the Northeast Corridor; or
4 (4) carrying out Northeast Corridor capital re-
5 newal backlog projects:
6 Provided further, That not later than 180 days after the
7 date of enactment of this Act, the Secretary of Transpor-
8 tation shall submit to the House and Senate Committees
9 on Appropriations a detailed spend plan, including a list
10 of project locations under the preceding proviso to be funded
11 for fiscal year 2022: Provided further, That for each fiscal
12 year through 2026, as part of the annual budget submission
13 of the President under section 1105(a) of title 31, United
14 States Code, the Secretary of Transportation shall submit
15 a detailed spend plan for that fiscal year, including a list
16 of project locations under the third proviso: Provided fur-
17 ther, That amounts made available under this heading in
18 this Act shall be in addition to other amounts made avail-
19 able for such purposes, including to enable the Secretary
20 of Transportation to make or amend existing grants to Am-
21 trak for activities associated with the Northeast Corridor,
22 as authorized by section 22101(a) of division B of this Act:
23 Provided further, That amounts made available under this
24 heading in this Act may be used by Amtrak to fund, in
25 whole or in part, the capital costs of Northeast Corridor
† HR 3684 EAS
2654
1 capital renewal backlog projects, including the costs of joint
2 public transportation and intercity passenger rail capital
3 projects, notwithstanding the limitations in section
4 24319(g) and section 24905(c) of title 49, United States
5 Code: Provided further, That notwithstanding section
6 24911(f) of title 49, United States Code, amounts made
7 available under this heading in this Act may be used as
8 non-Federal share for Northeast Corridor projects selected
9 for award under such section after the date of enactment
10 of this Act: Provided further, That the Secretary may retain
11 up to one half of 1 percent of the amounts made available
12 under both this heading in this Act and the ‘‘National Net-
13 work Grants to the National Railroad Passenger Corpora-
14 tion’’ heading in this Act to fund the costs of oversight of
15 Amtrak, as authorized by section 22101(c) of division B
16 of this Act: Provided further, That in addition to the over-
17 sight funds authorized under section 22101(c) of division
18 B of this Act, the Secretary may retain up to $5,000,000
19 of the funds made available under this heading in this Act
20 for each fiscal year for the Northeast Corridor Commission
21 established under section 24905 of title 49, United States
22 Code, to facilitate a coordinated and efficient delivery of
23 projects carried out under this heading in this Act: Pro-
24 vided further, That amounts made available under this
25 heading in this Act may be transferred to and merged with
† HR 3684 EAS
2655
1 amounts made available under the heading ‘‘National Net-
2 work Grants to the National Railroad Passenger Corpora-
3 tion’’ in this Act for the purposes authorized under that
4 heading: Provided further, That such amount is designated
5 by the Congress as being for an emergency requirement pur-
6 suant to section 4112(a) of H. Con. Res. 71 (115th Con-
7 gress), the concurrent resolution on the budget for fiscal year
8 2018, and to section 251(b) of the Balanced Budget and
9 Emergency Deficit Control Act of 1985.
10 NATIONAL NETWORK GRANTS TO THE NATIONAL RAILROAD
11 PASSENGER CORPORATION
† HR 3684 EAS
2656
1 for fiscal year 2026: Provided further, That amounts made
2 available under this heading in this Act shall be made
3 available for capital projects for the purpose of eliminating
4 Amtrak’s deferred maintenance backlog of rolling stock, fa-
5 cilities, stations and infrastructure, including—
6 (1) acquiring new passenger rolling stock to re-
7 place obsolete passenger equipment used in Amtrak’s
8 long-distance and state-supported services, and associ-
9 ated rehabilitation, upgrade, or expansion of facilities
10 used to maintain and store such equipment;
11 (2) bringing Amtrak-served stations to full com-
12 pliance with the Americans with Disabilities Act;
13 (3) eliminating the backlog of deferred capital
14 work on Amtrak-owned railroad assets not located on
15 the Northeast Corridor; and
16 (4) projects to eliminate the backlog of obsolete
17 assets associated with Amtrak’s national rail pas-
18 senger transportation system, such as systems for res-
19 ervations, security, training centers, and technology:
20 Provided further, That not later than 180 days after the
21 date of enactment of this Act, the Secretary of Transpor-
22 tation shall submit to the House and Senate Committees
23 on Appropriations a detailed spend plan, including a list
24 of project locations under the preceding proviso to be funded
25 for fiscal year 2022: Provided further, That for each fiscal
† HR 3684 EAS
2657
1 year through 2026, as part of the annual budget submission
2 of the President under section 1105(a) of title 31, United
3 States Code, the Secretary of Transportation shall submit
4 a detailed spend plan for that fiscal year, including a list
5 of project locations under the third proviso: Provided fur-
6 ther, That of the amounts made available under this head-
7 ing in this Act, and in addition to amounts made available
8 for similar purposes under this heading in prior Acts, Am-
9 trak shall use such amounts as necessary for the replace-
10 ment of single-level passenger cars and associated rehabili-
11 tation, upgrade, and expansion of facilities used to main-
12 tain and store such passenger cars, and such amounts shall
13 be for its direct costs and in lieu of payments from States
14 for such purposes, notwithstanding section 209 of the Pas-
15 senger Rail Investment and Improvement Act of 2008 (Pub-
16 lic Law 110–432), as amended: Provided further, That
17 amounts made available under this heading in this Act
18 shall be in addition to other amounts made available for
19 such purposes, including to enable the Secretary of Trans-
20 portation to make or amend existing grants to Amtrak for
21 activities associated with the National Network, as author-
22 ized by section 22101(b) of division B of this Act: Provided
23 further, That in addition to the oversight funds authorized
24 under section 22101(c) of division B of this Act, the Sec-
25 retary may retain up to $3,000,000 of the funds made
† HR 3684 EAS
2658
1 available under this heading in this Act for each fiscal year
2 for the State-Supported Route Committee established under
3 section 24712(a) of title 49, United States Code: Provided
4 further, That of the funds made available under this head-
5 ing in this Act, the Secretary may retain up to $3,000,000
6 for each fiscal year for interstate rail compact grants, as
7 authorized by section 22910 of title 49, United States Code:
8 Provided further, That of the funds made available under
9 this heading in this Act, not less than $50,000,000 for each
10 fiscal year shall be used to make grants, as authorized under
11 section 22908 of title 49 United States Code consistent with
12 the requirements of that section: Provided further, That of
13 the amounts made available under this heading in this Act,
14 such sums as are necessary, shall be available for purposes
15 authorized in section 22214 of division B of this Act: Pro-
16 vided further, That amounts made available under this
17 heading in this Act may be transferred to and merged with
18 amounts made available under the heading ‘‘Northeast Cor-
19 ridor Grants to the National Railroad Passenger Corpora-
20 tion’’ in this Act for the purposes authorized under that
21 heading: Provided further, That such amount is designated
22 by the Congress as being for an emergency requirement pur-
23 suant to section 4112(a) of H. Con. Res. 71 (115th Con-
24 gress), the concurrent resolution on the budget for fiscal year
† HR 3684 EAS
2659
1 2018, and to section 251(b) of the Balanced Budget and
2 Emergency Deficit Control Act of 1985.
3 RAILROAD CROSSING ELIMINATION PROGRAM
† HR 3684 EAS
2660
1 and to section 251(b) of the Balanced Budget and Emer-
2 gency Deficit Control Act of 1985.
3 FEDERAL-STATE PARTNERSHIP FOR INTERCITY PASSENGER
4 RAIL GRANTS
† HR 3684 EAS
2661
1 selected for award under section 24911 of title 49, United
2 States Code, after the date of enactment of this Act, notwith-
3 standing subsection 24911(f) of such title: Provided further,
4 That the Secretary may withhold up to 2 percent of the
5 amount provided under this heading in this Act in each
6 fiscal year for the costs of award and project management
7 oversight of grants carried out under section 24911 of title
8 49, United States Code: Provided further, That such
9 amount is designated by the Congress as being for an emer-
10 gency requirement pursuant to section 4112(a) of H. Con.
11 Res. 71 (115th Congress), the concurrent resolution on the
12 budget for fiscal year 2018, and to section 251(b) of the
13 Balanced Budget and Emergency Deficit Control Act of
14 1985.
15 ADMINISTRATIVE PROVISIONS—FEDERAL RAILROAD
16 ADMINISTRATION
† HR 3684 EAS
2662
1 essary expenses to support the award, administration,
2 project management oversight, and technical assistance of
3 programs administered by the Federal Railroad Adminis-
4 tration under this Act: Provided, That one-quarter of one
5 percent of the amounts transferred pursuant to the author-
6 ity in this section in each of fiscal years 2022 through 2026
7 shall be transferred to the Office of Inspector General of the
8 Department of Transportation for oversight of funding pro-
9 vided to the Department of Transportation in this title in
10 this Act: Provided further, That one-quarter of one percent
11 of the amounts transferred pursuant to the authority in this
12 section in each of fiscal years 2022 through 2026 shall be
13 transferred to the National Railroad Passenger Corporation
14 Office of Inspector General for oversight of funding provided
15 to the National Railroad Passenger Corporation in this title
16 in this Act.
17 FEDERAL TRANSIT ADMINISTRATION
18 TRANSIT INFRASTRUCTURE GRANTS
† HR 3684 EAS
2663
1 remain available until expended, shall be made available
2 for fiscal year 2024, $2,050,000,000, to remain available
3 until expended, shall be made available for fiscal year 2025,
4 and $2,050,000,000, to remain available until expended,
5 shall be made available for fiscal year 2026: Provided fur-
6 ther, That the funds made available under this heading in
7 this Act shall be derived from the general fund of the Treas-
8 ury, shall be in addition to any other amounts made avail-
9 able for such purpose, and shall not affect the distribution
10 of funds provided in any Act making annual appropria-
11 tions: Provided further, That the funds made available
12 under this heading in this Act shall not be subject to any
13 limitation on obligations for the Federal Public Transpor-
14 tation Assistance Program set forth in any Act making an-
15 nual appropriations: Provided further, That, of the amount
16 provided under this heading in this Act, the following
17 amounts shall be for the following purposes in equal
18 amounts for each of fiscal years 2022 through 2026—
19 (1) $4,750,000,000 shall be to carry out the state
20 of good repair grants under section 5337(c) and (d)
21 of title 49, United States Code;
22 (2) $5,250,000,000 shall be to carry out the low
23 or no emission grants under section 5339(c) of title
24 49, United States Code; and
† HR 3684 EAS
2664
1 (3) $250,000,000 shall be to carry out the for-
2 mula grants for the enhanced mobility of seniors and
3 individuals with disabilities as authorized under sec-
4 tion 5310 of title 49, United States Code:
5 Provided further, That not more than two percent of the
6 funds made available under this heading in this Act shall
7 be available for administrative and oversight expenses as
8 authorized under section 5334 and section 5338(c) of title
9 49, United States Code, and shall be in addition to any
10 other appropriations for such purpose: Provided further,
11 That one-half of one percent of the amounts in the preceding
12 proviso shall be transferred to the Office of Inspector Gen-
13 eral of the Department of Transportation for oversight of
14 funding provided to the Department of Transportation in
15 this title in this Act: Provided further, That such amount
16 is designated by the Congress as being for an emergency
17 requirement pursuant to section 4112(a) of H. Con. Res.
18 71 (115th Congress), the concurrent resolution on the budget
19 for fiscal year 2018, and to section 251(b) of the Balanced
20 Budget and Emergency Deficit Control Act of 1985.
21 CAPITAL INVESTMENT GRANTS
† HR 3684 EAS
2665
1 until expended, shall be made available for fiscal year 2022,
2 $1,600,000,000, to remain available until expended, shall
3 be made available for fiscal year 2023, $1,600,000,000, to
4 remain available until expended, shall be made available
5 for fiscal year 2024, $1,600,000,000, to remain available
6 until expended, shall be made available for fiscal year 2025,
7 and $1,600,000,000, to remain available until expended,
8 shall be made available for fiscal year 2026: Provided fur-
9 ther, That not more than 55 percent of the funds made
10 available under this heading in this Act in each fiscal year
11 may be available for projects authorized under section
12 5309(d) of title 49, United States Code: Provided further,
13 That not more than 20 percent of the funds made available
14 under this heading in this Act in each fiscal year may be
15 available for projects authorized under section 5309(e) of
16 title 49, United States Code: Provided further, That not
17 more than 15 percent of the funds made available under
18 this heading in this Act in each fiscal year may be available
19 for projects authorized under section 5309(h) of title 49,
20 United States Code: Provided further, That not more than
21 10 percent of the funds made available under this heading
22 in this Act in each fiscal year may be available for projects
23 authorized under section 3005(b) of the Fixing America’s
24 Surface Transportation Act: Provided further, That the Sec-
25 retary may adjust the percentage limitations in any of the
† HR 3684 EAS
2666
1 preceding four provisos by up to 5 percent in each fiscal
2 year for which funds are made available under this heading
3 in this Act only when there are unobligated carry over bal-
4 ances from funds provided for section 5309(d), section
5 5309(e), or section 5309(h) of title 49, United States Code,
6 or section 3005(b) of the Fixing America’s Transportation
7 Act that are equal to or greater than amounts provided
8 under this heading in this Act: Provided further, That for
9 each fiscal year through 2026, as part of the annual budget
10 submission of the President under section 1105(a) of title
11 31, United States Code, the Secretary of Transportation
12 shall submit a list of potential projects eligible for the funds
13 made available under this heading in this Act for that fiscal
14 year, including project locations and proposed funding
15 amounts consistent with the projects Full Funding Grant
16 Agreement annual funding profile where applicable: Pro-
17 vided further, That funds allocated to any project during
18 fiscal years 2015 or 2017 pursuant to section 5309 of title
19 49, United States Code, shall remain allocated to that
20 project through fiscal year 2023: Provided further, That
21 such amount is designated by the Congress as being for an
22 emergency requirement pursuant to section 4112(a) of H.
23 Con. Res. 71 (115th Congress), the concurrent resolution on
24 the budget for fiscal year 2018, and to section 251(b) of
† HR 3684 EAS
2667
1 the Balanced Budget and Emergency Deficit Control Act
2 of 1985.
3 ALL STATIONS ACCESSIBILITY PROGRAM
† HR 3684 EAS
2668
1 shall be derived from the general fund of the Treasury: Pro-
2 vided further, That eligible entities under this heading in
3 this Act shall include a State or local government authority:
4 Provided further, That an eligible entity may use a grant
5 awarded under this heading in this Act: (1) for a project
6 to repair, improve, modify, retrofit, or relocate infrastruc-
7 ture of stations or facilities for passenger use, including
8 load-bearing members that are an essential part of the
9 structural frame; or (2) to develop or modify a plan for
10 pursuing public transportation accessibility projects, assess-
11 ments of accessibility, or assessments of planned modifica-
12 tions to stations or facilities for passenger use: Provided
13 further, That eligible entities are encouraged to consult with
14 appropriate stakeholders and the surrounding community
15 to ensure accessibility for individuals with disabilities, in-
16 cluding accessibility for individuals with physical disabil-
17 ities, including those who use wheelchairs, accessibility for
18 individuals with sensory disabilities, and accessibility for
19 individuals with intellectual or developmental disabilities:
20 Provided further, That all projects shall at least meet the
21 new construction standards of title II of the Americans with
22 Disabilities Act of 1990: Provided further, That eligible
23 costs for a project funded with a grant awarded under this
24 heading in this Act shall be limited to the costs associated
25 with carrying out the purpose described in the preceding
† HR 3684 EAS
2669
1 proviso: Provided further, That an eligible entity may not
2 use a grant awarded under this heading in this Act to up-
3 grade a station or facility for passenger use that is acces-
4 sible to and usable by individuals with disabilities, includ-
5 ing individuals who use wheelchairs, consistent with cur-
6 rent (as of the date of the upgrade) new construction stand-
7 ards under title II of the Americans with Disabilities Act
8 of 1990 (42 U.S.C. 12131 et seq.): Provided further, That
9 a grant for a project made with amounts made available
10 under this heading in this Act shall be for 80 percent of
11 the net project cost: Provided further, That the total Federal
12 financial assistance available under chapter 53 of title 49,
13 United States Code, for an eligible entity that receives a
14 grant awarded under this heading in this Act may not ex-
15 ceed 80 percent: Provided further, That the recipient of a
16 grant made with amounts made available under this head-
17 ing in this Act may provide additional local matching
18 amounts: Provided further, That not more than two percent
19 of the funds made available under this heading in this Act
20 shall be available for administrative and oversight expenses
21 as authorized under section 5334 and section 5338(c) of title
22 49, United States Code, and shall be in addition to any
23 other appropriations for such purpose: Provided further,
24 That one-half of one percent of the of the amounts in the
25 preceding proviso shall be transferred to the Office of In-
† HR 3684 EAS
2670
1 spector General of the Department of Transportation for
2 oversight of funding provided to the Department of Trans-
3 portation in this title in this Act: Provided further, That
4 such amount is designated by the Congress as being for an
5 emergency requirement pursuant to section 4112(a) of H.
6 Con. Res. 71 (115th Congress), the concurrent resolution on
7 the budget for fiscal year 2018, and to section 251(b) of
8 the Balanced Budget and Emergency Deficit Control Act
9 of 1985.
10 ELECTRIC OR LOW-EMITTING FERRY PROGRAM
† HR 3684 EAS
2671
1 of the Treasury: Provided further, That the amounts made
2 available under this heading in this Act shall not be subject
3 to any limitation on obligations for transit programs set
4 forth in any Act making annual appropriations: Provided
5 further, That not more than two percent of the funds made
6 available under this heading in this Act shall be available
7 for administrative and oversight expenses as authorized
8 under section 5334 and section 5338(c) of title 49, United
9 States Code, and shall be in addition to any other appro-
10 priations for such purpose: Provided further, That one-half
11 of one percent of the of the amounts in the preceding proviso
12 shall be transferred to the Office of Inspector General of the
13 Department of Transportation for oversight of funding pro-
14 vided to the Department of Transportation in this title in
15 this Act: Provided further, That such amount is designated
16 by the Congress as being for an emergency requirement pur-
17 suant to section 4112(a) of H. Con. Res. 71 (115th Con-
18 gress), the concurrent resolution on the budget for fiscal year
19 2018, and to section 251(b) of the Balanced Budget and
20 Emergency Deficit Control Act of 1985.
21 FERRY SERVICE FOR RURAL COMMUNITIES
† HR 3684 EAS
2672
1 pended: Provided, That $200,000,000, to remain available
2 until expended, shall be made available for fiscal year 2022,
3 $200,000,000, to remain available until expended, shall be
4 made available for fiscal year 2023, $200,000,000, to re-
5 main available until expended, shall be made available for
6 fiscal year 2024, $200,000,000, to remain available until
7 expended, shall be made available for fiscal year 2025, and
8 $200,000,000, to remain available until expended, shall be
9 made available for fiscal year 2026: Provided further, That
10 amounts made available under this heading in this Act
11 shall be derived from the general fund of the Treasury: Pro-
12 vided further, That amounts made available under this
13 heading in this Act shall not be subject to any limitation
14 on obligations for the Federal Public Transportation Assist-
15 ance Program set forth in any Act making annual appro-
16 priations: Provided further, That not more than two percent
17 of the funds made available under this heading in this Act
18 shall be available for administrative and oversight expenses
19 as authorized under section 5334 and section 5338(c) of title
20 49, United States Code, and shall be in addition to any
21 other appropriations for such purpose: Provided further,
22 That one-half of one percent of the amounts in the preceding
23 proviso shall be transferred to the Office of Inspector Gen-
24 eral of the Department of Transportation for oversight of
25 funding provided to the Department of Transportation in
† HR 3684 EAS
2673
1 this title in this Act: Provided further, That such amount
2 is designated by the Congress as being for an emergency
3 requirement pursuant to section 4112(a) of H. Con. Res.
4 71 (115th Congress), the concurrent resolution on the budget
5 for fiscal year 2018, and to section 251(b) of the Balanced
6 Budget and Emergency Deficit Control Act of 1985.
7 MARITIME ADMINISTRATION
8 OPERATIONS AND TRAINING
† HR 3684 EAS
2674
1 $450,000,000, to remain available until September 30,
2 2033, shall be made available for fiscal year 2023,
3 $450,000,000, to remain available until September 30,
4 2034, shall be made available for fiscal year 2024,
5 $450,000,000, to remain available until September 30,
6 2035, shall be made available for fiscal year 2025, and
7 $450,000,000, to remain available until September 30,
8 2036, shall be made available for fiscal year 2026: Provided
9 further, That for the purposes of amounts made available
10 under this heading in this Act and in prior Acts, and in
11 addition to projects already eligible for awards under this
12 heading, eligible projects, as defined under section
13 50302(c)(3) of title 46, United States Code, shall also in-
14 clude projects that improve the resiliency of ports to address
15 sea-level rise, flooding, extreme weather events, earthquakes,
16 and tsunami inundation, as well as projects that reduce or
17 eliminate port-related criteria pollutant or greenhouse gas
18 emissions, including projects for—
19 (1) Port electrification or electrification master
20 planning;
21 (2) Harbor craft or equipment replacements/ret-
22 rofits;
23 (3) Development of port or terminal micro-grids;
24 (4) Providing idling reduction infrastructure;
† HR 3684 EAS
2675
1 (5) Purchase of cargo handling equipment and
2 related infrastructure;
3 (6) Worker training to support electrification
4 technology;
5 (7) Installation of port bunkering facilities from
6 ocean-going vessels for fuels;
7 (8) Electric vehicle charge or hydrogen refueling
8 infrastructure for drayage, and medium or heavy
9 duty trucks and locomotives that service the port and
10 related grid upgrades; or
11 (9) Other related to port activities including
12 charging infrastructure, electric rubber-tired gantry
13 cranes, and anti-idling technologies:
14 Provided further, That such amount is designated by the
15 Congress as being for an emergency requirement pursuant
16 to section 4112(a) of H. Con. Res. 71 (115th Congress), the
17 concurrent resolution on the budget for fiscal year 2018,
18 and to section 251(b) of the Balanced Budget and Emer-
19 gency Deficit Control Act of 1985.
† HR 3684 EAS
2676
1 PIPELINE AND HAZARDOUS MATERIALS SAFETY
2 ADMINISTRATION
3 NATURAL GAS DISTRIBUTION INFRASTRUCTURE SAFETY
† HR 3684 EAS
2677
1 equipment to (1) reduce incidents and fatalities and (2)
2 avoid economic losses: Provided further, That in making
3 grants from funds made available under this heading in
4 this Act, the Secretary shall establish procedures for award-
5 ing grants that take into consideration the following: (1)
6 the risk profile of the existing pipeline system operated by
7 the applicant, including the presence of pipe prone to leak-
8 age; (2) the potential of the project for creating jobs; (3)
9 the potential for benefiting disadvantaged rural and urban
10 communities; and (4) economic impact or growth: Provided
11 further, That the Secretary shall not award more than 12.5
12 percent of the funds available under this heading to a single
13 municipality or community-owned utility: Provided fur-
14 ther, That the Secretary shall issue a notice of funding op-
15 portunity not later than 180 days after each date upon
16 which funds are made available under the first proviso:
17 Provided further, That the Secretary shall make awards not
18 later than 270 days after issuing the notices of funding op-
19 portunity required under the preceding proviso: Provided
20 further, That not more than 2 percent of the amounts made
21 available in each fiscal year shall be available to pay the
22 administrative costs of carrying out the grant program
23 under this heading in this Act: Provided further, That one-
24 half of one percent of the amounts transferred pursuant to
25 the authority in this section in each of fiscal years 2022
† HR 3684 EAS
2678
1 through 2026 shall be transferred to the Office of Inspector
2 General of the Department of Transportation for oversight
3 of funding provided to the Department of Transportation
4 in this Act: Provided further, That such amount is des-
5 ignated by the Congress as being for an emergency require-
6 ment pursuant to section 4112(a) of H. Con. Res. 71 (115th
7 Congress), the concurrent resolution on the budget for fiscal
8 year 2018, and to section 251(b) of the Balanced Budget
9 and Emergency Deficit Control Act of 1985.
10 GENERAL PROVISION—DEPARTMENT OF TRANSPORTATION
11 SEC. 803. Any funds transferred to the Office of In-
12 spector General of the Department of Transportation from
13 amounts made available in this division in this Act shall
14 remain available until expended.
15 TITLE IX—GENERAL PROVISIONS—THIS
16 DIVISION
17 SEC. 901. Each amount appropriated or made avail-
18 able by this division is in addition to amounts otherwise
19 appropriated for the fiscal year involved.
20 SEC. 902. No part of any appropriation contained in
21 this division shall remain available for obligation beyond
22 the current fiscal year unless expressly so provided herein.
23 SEC. 903. Unless otherwise provided for by this divi-
24 sion, the additional amounts appropriated by this division
25 to appropriations accounts for a fiscal year shall be avail-
† HR 3684 EAS
2679
1 able under the authorities and conditions applicable to such
2 appropriations accounts for that fiscal year.
3 SEC. 904. Any amount appropriated by this division,
4 designated by the Congress as an emergency requirement
5 pursuant to section 4112(a) of H. Con. Res. 71 (115th Con-
6 gress), the concurrent resolution on the budget for fiscal year
7 2018, and to section 251(b) of the Balanced Budget and
8 Emergency Deficit Control Act of 1985, and transferred
9 pursuant to transfer authorities provided by this division
10 shall retain such designation.
11 BUDGETARY EFFECTS
† HR 3684 EAS
2680
1 PAYGO scorecard maintained for purposes of section 4106
2 of H. Con. Res. 71 (115th Congress).
3 (c) CLASSIFICATION OF BUDGETARY EFFECTS.—Not-
4 withstanding Rule 3 of the Budget Scorekeeping Guidelines
5 set forth in the joint explanatory statement of the committee
6 of conference accompanying Conference Report 105–217
7 and section 250(c)(7) and (c)(8) of the Balanced Budget
8 and Emergency Deficit Control Act of 1985, the budgetary
9 effects of this division and amounts rescinded in section
10 90007 of division I that were previously designated by the
11 Congress as an emergency requirement pursuant to section
12 251(b)(2)(A)(i) of the Balanced Budget and Emergency
13 Deficit Control Act of 1985 shall be estimated for purposes
14 of section 251 of such Act and as appropriations for discre-
15 tionary accounts for purposes of the allocation to the Com-
16 mittee on Appropriations pursuant to section 302(a) of the
17 Congressional Budget Act of 1974 and section 4112 of H.
18 Con. Res. 71 (115th Congress), the concurrent resolution on
19 the budget for fiscal year 2018.
20 This division may be cited as the ‘‘Infrastructure In-
21 vestments and Jobs Appropriations Act’’.
† HR 3684 EAS
2681
1 DIVISION K—MINORITY
2 BUSINESS DEVELOPMENT
3 SEC. 100001. SHORT TITLE.
7 In this division:
8 (1) AGENCY.—The term ‘‘Agency’’ means the Mi-
9 nority Business Development Agency of the Depart-
10 ment of Commerce.
11 (2) COMMUNITY-BASED ORGANIZATION.—The
† HR 3684 EAS
2682
1 (4) FEDERAL AGENCY.—The term ‘‘Federal agen-
2 cy’’ has the meaning given the term ‘‘agency’’ in sec-
3 tion 551 of title 5, United States Code.
4 (5) FEDERALLY RECOGNIZED AREA OF ECONOMIC
† HR 3684 EAS
2683
1 Under Secretary to be an area of economic dis-
2 tress.
3 (6) INSTITUTION OF HIGHER EDUCATION.—The
† HR 3684 EAS
2684
1 (A) IN GENERAL.—The term ‘‘minority
2 business enterprise’’ means a business enter-
3 prise—
4 (i) that is not less than 51 percent-
5 owned by 1 or more socially or economically
6 disadvantaged individuals; and
7 (ii) the management and daily busi-
8 ness operations of which are controlled by 1
9 or more socially or economically disadvan-
10 taged individuals.
11 (B) RULE OF CONSTRUCTION.—Nothing in
12 subparagraph (A) may be construed to exclude a
13 business enterprise from qualifying as a ‘‘minor-
14 ity business enterprise’’ under that subparagraph
15 because of—
16 (i) the status of the business enterprise
17 as a for-profit or not-for-profit enterprise;
18 or
19 (ii) the annual revenue of the business
20 enterprise.
21 (10) NATIVE ENTITY.—The term ‘‘Native entity’’
22 means—
23 (A) a Tribal Government;
24 (B) an Alaska Native village or Regional or
25 Village Corporation, as defined in or established
† HR 3684 EAS
2685
1 pursuant to the Alaska Native Claims Settlement
2 Act (43 U.S.C. 1601 et seq.);
3 (C) a Native Hawaiian organization, as
4 that term is defined in section 6207 of the Ele-
5 mentary and Secondary Education Act of 1965
6 (20 U.S.C. 7517);
7 (D) the Department of Hawaiian Home
8 Lands; and
9 (E) the Office of Hawaiian Affairs.
10 (11) PRIVATE SECTOR ENTITY.—The term ‘‘pri-
11 vate sector entity’’—
12 (A) means an entity that is not a public
13 sector entity; and
14 (B) does not include—
15 (i) the Federal Government;
16 (ii) any Federal agency; or
17 (iii) any instrumentality of the Fed-
18 eral Government.
19 (12) PUBLIC SECTOR ENTITY.—The term ‘‘public
20 sector entity’’ means—
21 (A) a State;
22 (B) an agency of a State;
23 (C) a political subdivision of a State;
24 (D) an agency of a political subdivision of
25 a State; or
† HR 3684 EAS
2686
1 (E) a Native entity.
2 (13) SECRETARY.—The term ‘‘Secretary’’ means
3 the Secretary of Commerce.
4 (14) SOCIALLY OR ECONOMICALLY DISADVAN-
18 TAGED INDIVIDUAL.—
† HR 3684 EAS
2687
1 the same line of business and competitive market
2 area) because of the identity of the individual as
3 a member of a group, without regard to any in-
4 dividual quality of the individual that is unre-
5 lated to that identity.
6 (B) PRESUMPTION.—In carrying out this
7 division, the Under Secretary shall presume that
8 the term ‘‘socially or economically disadvantaged
9 individual’’ includes any individual who is—
10 (i) Black or African American;
11 (ii) Hispanic or Latino;
12 (iii) American Indian or Alaska Na-
13 tive;
14 (iv) Asian;
15 (v) Native Hawaiian or other Pacific
16 Islander; or
17 (vi) a member of a group that the
18 Agency determines under part 1400 of title
19 15, Code of Federal Regulations, as in effect
20 on November 23, 1984, is a socially dis-
21 advantaged group eligible to receive assist-
22 ance.
23 (16) SPECIALTY CENTER.—The term ‘‘specialty
24 center’’ means an MBDA Business Center that pro-
† HR 3684 EAS
2688
1 vides specialty services focusing on specific business
2 needs, including assistance relating to—
3 (A) capital access;
4 (B) Federal procurement;
5 (C) entrepreneurship;
6 (D) technology transfer; or
7 (E) any other area determined necessary or
8 appropriate based on the priorities of the Agen-
9 cy.
10 (17) STATE.—The term ‘‘State’’ means—
11 (A) each of the States of the United States;
12 (B) the District of Columbia;
13 (C) the Commonwealth of Puerto Rico;
14 (D) the United States Virgin Islands;
15 (E) Guam;
16 (F) American Samoa;
17 (G) the Commonwealth of the Northern
18 Mariana Islands; and
19 (H) each Tribal Government.
20 (18) TRIBAL GOVERNMENT.—The term ‘‘Tribal
21 Government’’ means the recognized governing body of
22 any Indian or Alaska Native tribe, band, nation,
23 pueblo, village, community, component band, or com-
24 ponent reservation, individually identified (including
25 parenthetically) in the list published most recently as
† HR 3684 EAS
2689
1 of the date of enactment of this division pursuant to
2 section 104 of the Federally Recognized Indian Tribe
3 List Act of 1994 (25 U.S.C. 5131).
4 (19) UNDER SECRETARY.—The term ‘‘Under
5 Secretary’’ means the Under Secretary of Commerce
6 for Minority Business Development, who is appointed
7 as described in section lll3(b) to administer this
8 division.
9 SEC. 100003. MINORITY BUSINESS DEVELOPMENT AGENCY.
† HR 3684 EAS
2690
1 Schedule under section 5314 of title 5, United
2 States Code.
3 (B) TECHNICAL AND CONFORMING AMEND-
† HR 3684 EAS
2691
1 (2) DIRECTOR.—The Office of Business Centers
2 shall be administered by a Director, who shall be ap-
3 pointed by the Under Secretary.
4 (e) OFFICES OF THE AGENCY.—
5 (1) IN GENERAL.—In addition to the regional of-
6 fices that the Under Secretary is required to establish
7 under paragraph (2), the Under Secretary shall estab-
8 lish such other offices within the Agency as are nec-
9 essary to carry out this division.
10 (2) REGIONAL OFFICES.—
† HR 3684 EAS
2692
1 (I) MBDA Business Centers that
2 are located in that region;
3 (II) resource and lending partners
4 of other appropriate Federal agencies
5 that are located in that region; and
6 (III) Federal, State, and local
7 procurement offices that are located in
8 that region;
9 (iii) being aware of business retention
10 or expansion programs that are specific to
11 that region;
12 (iv) seeking out opportunities to col-
13 laborate with regional public and private
14 programs that focus on minority business
15 enterprises; and
16 (v) promoting business continuity and
17 preparedness.
18 TITLE I—EXISTING INITIATIVES
19 Subtitle A—Market Development,
20 Research, and Information
21 SEC. 100101. PRIVATE SECTOR DEVELOPMENT.
† HR 3684 EAS
2693
1 markets by making available to those business enter-
2 prises, either directly or in cooperation with private
3 sector entities, including community-based organiza-
4 tions and national nonprofit organizations—
5 (A) resources relating to management;
6 (B) technological and technical assistance;
7 (C) financial, legal, and marketing services;
8 and
9 (D) services relating to workforce develop-
10 ment;
11 (2) encourage minority business enterprises to es-
12 tablish joint ventures and projects—
13 (A) with other minority business enter-
14 prises; or
15 (B) in cooperation with public sector enti-
16 ties or private sector entities, including commu-
17 nity-based organizations and national nonprofit
18 organizations, to increase the share of any mar-
19 ket activity being performed by minority busi-
20 ness enterprises; and
21 (3) facilitate the efforts of private sector entities
22 and Federal agencies to advance the growth of minor-
23 ity business enterprises.
† HR 3684 EAS
2694
1 SEC. 100102. PUBLIC SECTOR DEVELOPMENT.
† HR 3684 EAS
2696
1 5 most commonly spoken languages in the
2 United States to ensure that limited English
3 proficient individuals receive culturally and lin-
4 guistically appropriate access to the services and
5 information provided by the Agency; and
6 (2) may perform an evaluation of programs car-
7 ried out by the Under Secretary that are designed to
8 assist the development of minority business enter-
9 prises.
10 (b) INFORMATION CLEARINGHOUSE.—The Under Sec-
11 retary shall—
12 (1) establish and maintain an information clear-
13 inghouse for the collection and dissemination to rel-
14 evant parties (including business owners and re-
15 searchers) of demographic, economic, financial, mana-
16 gerial, and technical data relating to minority busi-
17 ness enterprises; and
18 (2) take such steps as the Under Secretary may
19 determine to be necessary and desirable to—
20 (A) search for, collect, classify, coordinate,
21 integrate, record, and catalog the data described
22 in paragraph (1); and
23 (B) in a manner that is consistent with sec-
24 tion 552a of title 5, United States Code, protect
25 the privacy of the minority business enterprises
† HR 3684 EAS
2697
1 to which the data described in paragraph (1) re-
2 lates.
3 Subtitle B—Minority Business De-
4 velopment Agency Business Cen-
5 ter Program
6 SEC. 100111. DEFINITION.
† HR 3684 EAS
2698
1 (1) that shall be known as the MBDA Business
2 Center Program;
3 (2) that shall be separate and distinct from the
4 efforts of the Under Secretary under section
5 lll101; and
6 (3) under which the Under Secretary shall make
7 Federal assistance awards to eligible entities to oper-
8 ate MBDA Business Centers, which shall, in accord-
9 ance with section lll114, provide technical assist-
10 ance and business development services, or specialty
11 services, to minority business enterprises.
12 (b) COVERAGE.—The Under Secretary shall take all
13 necessary actions to ensure that the MBDA Business Center
14 Program, in accordance with section lll114, offers the
15 services described in subsection (a)(3) in all regions of the
16 United States.
17 SEC. 100114. GRANTS AND COOPERATIVE AGREEMENTS.
† HR 3684 EAS
2699
1 priate by the Under Secretary, which may in-
2 clude—
3 (i) referral services to meet the needs of
4 minority business enterprises; and
5 (ii) programs and services to accom-
6 plish the goals described in section
7 lll101(1);
8 (B) develop, cultivate, and maintain a net-
9 work of strategic partnerships with organizations
10 that foster access by minority business enter-
11 prises to economic markets, capital, or contracts;
12 (C) continue to upgrade and modify the
13 services provided by the Center, as necessary, in
14 order to meet the changing and evolving needs of
15 the business community;
16 (D) establish or continue a referral relation-
17 ship with not less than 1 community-based orga-
18 nization; and
19 (E) collaborate with other Centers; and
20 (2) in providing programs and services under
21 the applicable MBDA Business Center agreement,
22 may—
23 (A) operate on a fee-for-service basis; or
24 (B) generate income through the collection
25 of—
† HR 3684 EAS
2700
1 (i) client fees;
2 (ii) membership fees; and
3 (iii) any other appropriate fees pro-
4 posed by the Center in the application sub-
5 mitted by the Center under subsection (e).
6 (b) TERM.—Subject to subsection (g)(3), the term of
7 an MBDA Business Center agreement shall be not less than
8 3 years.
9 (c) FINANCIAL ASSISTANCE.—
10 (1) IN GENERAL.—The amount of financial as-
11 sistance provided by the Under Secretary under an
12 MBDA Business Center agreement shall be not less
13 than $250,000 for the term of the agreement.
14 (2) MATCHING REQUIREMENT.—
† HR 3684 EAS
2701
1 (i) cash or in-kind contributions, with-
2 out regard to whether the contribution is
3 made by a third party; or
4 (ii) Federal funds received from other
5 Federal programs.
6 (3) USE OF FINANCIAL ASSISTANCE AND PRO-
† HR 3684 EAS
2702
1 (B) may include criteria relating to whether
2 an eligible entity is located in—
3 (i) an area, the population of which is
4 composed of not less than 51 percent so-
5 cially or economically disadvantaged indi-
6 viduals, as determined in accordance with
7 data collected by the Bureau of the Census;
8 (ii) a federally recognized area of eco-
9 nomic distress; or
10 (iii) a State that is underserved with
11 respect to the MBDA Business Center Pro-
12 gram, as defined by the Under Secretary;
13 and
14 (2) make the criteria and standards established
15 under paragraph (1) publicly available, including—
16 (A) on the website of the Agency; and
17 (B) in each Notice of Funding Opportunity
18 soliciting MBDA Business Center agreements.
19 (e) APPLICATIONS.—An eligible entity desiring to
20 enter into an MBDA Business Center agreement shall sub-
21 mit to the Under Secretary an application that includes—
22 (1) a statement of—
23 (A) how the eligible entity will carry out
24 subsection (a); and
† HR 3684 EAS
2703
1 (B) any experience or plans of the eligible
2 entity with respect to—
3 (i) assisting minority business enter-
4 prises to—
5 (I) obtain—
6 (aa) large-scale contracts,
7 grants, or procurements;
8 (bb) financing; or
9 (cc) legal assistance;
10 (II) access established supply
11 chains; and
12 (III) engage in—
13 (aa) joint ventures, teaming
14 arrangements, and mergers and
15 acquisitions; or
16 (bb) large-scale transactions
17 in global markets;
18 (ii) supporting minority business en-
19 terprises in increasing the size of the
20 workforces of those enterprises, including,
21 with respect to a minority business enter-
22 prise that does not have employees, aiding
23 the minority business enterprise in becom-
24 ing an enterprise that has employees; and
† HR 3684 EAS
2704
1 (iii) advocating for minority business
2 enterprises; and
3 (2) the budget and corresponding budget nar-
4 rative that the eligible entity will use in carrying out
5 subsection (a) during the term of the applicable
6 MBDA Business Center agreement.
7 (f) NOTIFICATION.—If the Under Secretary grants an
8 application of an eligible entity submitted under subsection
9 (e), the Under Secretary shall notify the eligible entity that
10 the application has been granted not later than 150 days
11 after the last day on which an application may be sub-
12 mitted under that subsection.
13 (g) PROGRAM EXAMINATION; ACCREDITATION; EXTEN-
14 SIONS.—
† HR 3684 EAS
2705
1 (B) develop an accreditation program with
2 respect to Centers.
3 (3) EXTENSIONS.—
4 (A) IN GENERAL.—The Under Secretary
5 may extend the term under subsection (b) of an
6 MBDA Business Center agreement to which a
7 Center is a party, if the Center consents to the
8 extension.
9 (B) FINANCIAL ASSISTANCE.—If the Under
10 Secretary extends the term of an MBDA Busi-
11 ness Center agreement under paragraph (1), the
12 Under Secretary shall, in the same manner and
13 amount in which financial assistance was pro-
14 vided during the initial term of the agreement,
15 provide financial assistance under the agreement
16 during the extended term of the agreement.
17 (h) MBDA INVOLVEMENT.—The Under Secretary may
18 take actions to ensure that the Agency is substantially in-
19 volved in the activities of Centers in carrying out subsection
20 (a), including by—
21 (1) providing to each Center training relating to
22 the MBDA Business Center Program;
23 (2) requiring that the operator and staff of each
24 Center—
25 (A) attend—
† HR 3684 EAS
2706
1 (i) a conference with the Agency to es-
2 tablish the services and programs that the
3 Center will provide in carrying out the re-
4 quirements before the date on which the
5 Center begins providing those services and
6 programs; and
7 (ii) training provided under para-
8 graph (1);
9 (B) receive necessary guidance relating to
10 carrying out the requirements under subsection
11 (a); and
12 (C) work in coordination and collaboration
13 with the Under Secretary to carry out the
14 MBDA Business Center Program and other pro-
15 grams of the Agency;
16 (3) facilitating connections between Centers
17 and—
18 (A) Federal agencies other than the Agency,
19 as appropriate; and
20 (B) other institutions or entities that use
21 Federal resources, such as—
22 (i) small business development centers,
23 as that term is defined in section 3(t) of the
24 Small Business Act (15 U.S.C. 632(t));
† HR 3684 EAS
2707
1 (ii) women’s business centers described
2 in section 29 of the Small Business Act (15
3 U.S.C. 656);
4 (iii) eligible entities, as that term is
5 defined in section 2411 of title 10, United
6 States Code, that provide services under the
7 program carried out under chapter 142 of
8 that title; and
9 (iv) entities participating in the Hol-
10 lings Manufacturing Extension Partnership
11 Program established under section 25 of the
12 National Institute of Standards and Tech-
13 nology Act (15 U.S.C. 278k);
14 (4) monitoring projects carried out by each Cen-
15 ter; and
16 (5) establishing and enforcing administrative
17 and reporting requirements for each Center to carry
18 out subsection (a).
19 (i) REGULATIONS.—The Under Secretary shall issue
20 and publish regulations that establish minimum standards
21 regarding verification of minority business enterprise status
22 for clients of entities operating under the MBDA Business
23 Center Program.
† HR 3684 EAS
2708
1 SEC. 100115. MINIMIZING DISRUPTIONS TO EXISTING MBDA
† HR 3684 EAS
2709
1 TITLE II—NEW INITIATIVES TO
2 PROMOTE ECONOMIC RESIL-
3 IENCY FOR MINORITY BUSI-
4 NESSES
5 SEC. 100201. ANNUAL DIVERSE BUSINESS FORUM ON CAP-
6 ITAL FORMATION.
† HR 3684 EAS
2710
1 (1) REQUESTS.—The Under Secretary may re-
2 quest that any head of a Federal agency, department,
3 or organization, including those described in sub-
4 section (b), or any other group or individual, prepare
5 a statement or report to be delivered at any forum
6 conducted under subsection (a).
7 (2) COOPERATION.—Any head of a Federal agen-
8 cy, department, or organization who receives a re-
9 quest under paragraph (1) shall, to the greatest extent
10 practicable, cooperate with the Under Secretary to
11 fulfill that request.
12 (d) TRANSMITTAL OF PROCEEDINGS AND FINDINGS.—
13 The Under Secretary shall—
14 (1) prepare a summary of the proceedings of
15 each forum conducted under subsection (a), which
16 shall include the findings and recommendations of the
17 forum; and
18 (2) transmit the summary described in para-
19 graph (1) with respect to each forum conducted under
20 subsection (a) to—
21 (A) the participants in the forum;
22 (B) Congress; and
23 (C) the public, through a publicly available
24 website.
† HR 3684 EAS
2711
1 (e) REVIEW OF FINDINGS AND RECOMMENDATIONS;
2 PUBLIC STATEMENTS.—
3 (1) IN GENERAL.—A Federal agency to which a
4 finding or recommendation described in subsection
5 (d)(1) relates shall—
6 (A) review that finding or recommendation;
7 and
8 (B) promptly after the finding or rec-
9 ommendation is transmitted under subsection
10 (d)(2)(C), issue a public statement—
11 (i) assessing the finding or rec-
12 ommendation; and
13 (ii) disclosing the action, if any, the
14 Federal agency intends to take with respect
15 to the finding or recommendation.
16 (2) JOINT STATEMENT PERMITTED.—If a finding
17 or recommendation described in subsection (d)(1) re-
18 lates to more than 1 Federal agency, the applicable
19 Federal agencies may, for the purposes of the public
20 statement required under paragraph (1)(B), issue a
21 joint statement.
22 SEC. 100202. AGENCY STUDY ON ALTERNATIVE FINANCING
23 SOLUTIONS.
† HR 3684 EAS
2712
1 to minority business enterprises, as those business enter-
2 prises are more likely to struggle in accessing, particularly
3 at affordable rates, traditional sources of capital.
4 (b) STUDY AND REPORT.—Not later than 1 year after
5 the date of enactment of this Act, the Under Secretary
6 shall—
7 (1) conduct a study on opportunities for pro-
8 viding alternative financing solutions to minority
9 business enterprises; and
10 (2) submit to Congress, and publish on the
11 website of the Agency, a report describing the findings
12 of the study carried out under paragraph (1).
13 SEC. 100203. EDUCATIONAL DEVELOPMENT RELATING TO
† HR 3684 EAS
2713
1 (A) develop programs to offer scholarships
2 and fellowships, apprenticeships, and internships
3 relating to business to socially or economically
4 disadvantaged individuals; and
5 (B) sponsor seminars, conferences, and
6 similar activities relating to business for the ben-
7 efit of socially or economically disadvantaged in-
8 dividuals;
9 (3) stimulate and accelerate curriculum design
10 and improvement in support of development of mi-
11 nority business enterprises; and
12 (4) encourage and assist private institutions and
13 organizations and public sector entities to undertake
14 activities similar to the activities described in para-
15 graphs (1), (2), and (3).
16 (b) PARREN J. MITCHELL ENTREPRENEURSHIP EDU-
17 CATION GRANTS.—
18 (1) DEFINITION.—In this subsection, the term
19 ‘‘eligible institution’’ means an institution of higher
20 education described in any of paragraphs (1) through
21 (7) of section 371(a) of the Higher Education Act of
22 1965 (20 U.S.C. 1067q(a)).
23 (2) GRANTS.—The Under Secretary shall award
24 grants to eligible institutions to develop and imple-
25 ment entrepreneurship curricula.
† HR 3684 EAS
2714
1 (3) REQUIREMENTS.—An eligible institution to
2 which a grant is awarded under this subsection shall
3 use the grant funds to—
4 (A) develop a curriculum that includes
5 training in various skill sets needed by contem-
6 porary successful entrepreneurs, including—
7 (i) business management and mar-
8 keting;
9 (ii) financial management and ac-
10 counting;
11 (iii) market analysis;
12 (iv) competitive analysis;
13 (v) innovation;
14 (vi) strategic and succession planning;
15 (vii) marketing;
16 (viii) general management;
17 (ix) technology and technology adop-
18 tion;
19 (x) leadership; and
20 (xi) human resources; and
21 (B) implement the curriculum developed
22 under subparagraph (A) at the eligible institu-
23 tion.
24 (4) IMPLEMENTATION TIMELINE.—The Under
25 Secretary shall establish and publish a timeline under
† HR 3684 EAS
2715
1 which an eligible institution to which a grant is
2 awarded under this section shall carry out the re-
3 quirements under paragraph (3).
4 (5) REPORTS.—Each year, the Under Secretary
5 shall submit to all applicable committees of Congress,
6 and as part of the annual budget submission of the
7 President under section 1105(a) of title 31, United
8 States Code, a report evaluating the awarding and
9 use of grants under this subsection during the fiscal
10 year immediately preceding the fiscal year in which
11 the report is submitted, which shall include, with re-
12 spect to the fiscal year covered by the report—
13 (A) a description of each curriculum devel-
14 oped and implemented under each grant award-
15 ed under this section;
16 (B) the date on which each grant awarded
17 under this section was awarded; and
18 (C) the number of eligible entities that were
19 recipients of grants awarded under this section.
20 TITLE III—RURAL MINORITY
21 BUSINESS CENTER PROGRAM
22 SEC. 100301. DEFINITIONS.
23 In this title:
† HR 3684 EAS
2716
1 (1) APPROPRIATE CONGRESSIONAL COMMIT-
† HR 3684 EAS
2717
1 (5) MINORITY-SERVING INSTITUTION.—The term
2 ‘‘minority-serving institution’’ means an institution
3 described in any of paragraphs (1) through (7) of sec-
4 tion 371(a) of the Higher Education Act of 1965 (20
5 U.S.C. 1067q(a)).
6 (6) RURAL AREA.—The term ‘‘rural area’’ has
7 the meaning given the term in section 343(a) of the
8 Consolidated Farm and Rural Development Act (7
9 U.S.C. 1991(a)).
10 (7) RURAL MINORITY BUSINESS ENTERPRISE.—
† HR 3684 EAS
2718
1 Under Secretary, the Under Secretary shall enter
2 into a cooperative agreement with an eligible en-
3 tity that provides that—
4 (i) the eligible entity shall provide
5 space, facilities, and staffing for the MBDA
6 Rural Business Center;
7 (ii) the Under Secretary shall provide
8 funding for, and oversight with respect to,
9 the MBDA Rural Business Center; and
10 (iii) subject to subparagraph (B), the
11 eligible entity shall match 20 percent of the
12 amount of the funding provided by the
13 Under Secretary under clause (ii), which
14 may be calculated to include the costs of
15 providing the space, facilities, and staffing
16 under clause (i).
17 (B) LOWER MATCH REQUIREMENT.—Based
† HR 3684 EAS
2719
1 (ii) if the Under Secretary makes a de-
2 termination, upon a demonstration by the
3 eligible entity of substantial need, the eligi-
4 ble entity shall not be required to provide
5 any match with respect to the funding pro-
6 vided by the Under Secretary under sub-
7 paragraph (A)(ii).
8 (C) ELIGIBLE FUNDS.—An eligible entity
9 may provide matching funds required under an
10 MBDA Rural Business Center agreement with
11 Federal funds received from other Federal pro-
12 grams.
13 (3) TERM.—The initial term of an MBDA Rural
14 Business Center agreement shall be not less than 3
15 years.
16 (4) EXTENSION.—The Under Secretary and an
17 eligible entity may agree to extend the term of an
18 MBDA Rural Business Center agreement with respect
19 to an MBDA Rural Business Center.
20 (c) FUNCTIONS.—An MBDA Rural Business Center
21 shall—
22 (1) primarily serve clients that are—
23 (A) rural minority business enterprises; or
24 (B) minority business enterprises that are
25 located more than 50 miles from an MBDA
† HR 3684 EAS
2720
1 Business Center (other than that MBDA Rural
2 Business Center);
3 (2) focus on—
4 (A) issues relating to—
5 (i) the adoption of broadband internet
6 access service (as defined in section 8.1(b) of
7 title 47, Code of Federal Regulations, or
8 any successor regulation), digital literacy
9 skills, and e-commerce by rural minority
10 business enterprises;
11 (ii) advanced manufacturing;
12 (iii) the promotion of manufacturing
13 in the United States;
14 (iv) ways in which rural minority
15 business enterprises can meet gaps in the
16 supply chain of critical supplies and essen-
17 tial goods and services for the United
18 States;
19 (v) improving the connectivity of rural
20 minority business enterprises through trans-
21 portation and logistics;
22 (vi) promoting trade and export oppor-
23 tunities by rural minority business enter-
24 prises;
25 (vii) securing financial capital;
† HR 3684 EAS
2721
1 (viii) facilitating entrepreneurship in
2 rural areas; and
3 (ix) creating jobs in rural areas; and
4 (B) any other issue relating to the unique
5 challenges faced by rural minority business en-
6 terprises; and
7 (3) provide education, training, and legal, finan-
8 cial, and technical assistance to minority business en-
9 terprises.
10 (d) APPLICATIONS.—
11 (1) IN GENERAL.—Not later than 90 days after
12 the date of enactment of this Act, the Under Secretary
13 shall issue a Notice of Funding Opportunity request-
14 ing applications from eligible entities that desire to
15 enter into MBDA Rural Business Center agreements.
16 (2) CRITERIA AND PRIORITY.—In selecting an el-
17 igible entity with which to enter into an MBDA
18 Rural Business Center agreement, the Under Sec-
19 retary shall—
20 (A) select an eligible entity that dem-
21 onstrates—
22 (i) the ability to collaborate with gov-
23 ernmental and private sector entities to le-
24 verage capabilities of minority business en-
† HR 3684 EAS
2722
1 terprises through public-private partner-
2 ships;
3 (ii) the research and extension capac-
4 ity to support minority business enterprises;
5 (iii) knowledge of the community that
6 the eligible entity serves and the ability to
7 conduct effective outreach to that commu-
8 nity to advance the goals of an MBDA
9 Rural Business Center;
10 (iv) the ability to provide innovative
11 business solutions, including access to con-
12 tracting opportunities, markets, and cap-
13 ital;
14 (v) the ability to provide services that
15 advance the development of science, tech-
16 nology, engineering, and math jobs within
17 minority business enterprises;
18 (vi) the ability to leverage resources
19 from within the eligible entity to advance
20 an MBDA Rural Business Center;
21 (vii) that the mission of the eligible en-
22 tity aligns with the mission of the Agency;
23 (viii) the ability to leverage relation-
24 ships with rural minority business enter-
25 prises; and
† HR 3684 EAS
2723
1 (ix) a referral relationship with not
2 less than 1 community-based organization;
3 and
4 (B) give priority to an eligible entity
5 that—
6 (i) is located in a State or region that
7 has a significant population of socially or
8 economically disadvantaged individuals;
9 (ii) has a history of serving socially or
10 economically disadvantaged individuals; or
11 (iii) in the determination of the Under
12 Secretary, has not received an equitable al-
13 location of land and financial resources
14 under—
15 (I) the Act of July 2, 1862 (com-
16 monly known as the ‘‘First Morrill
17 Act’’) (12 Stat. 503, chapter 130; 7
18 U.S.C. 301 et seq.); or
19 (II) the Act of August 30, 1890
20 (commonly known as the ‘‘Second Mor-
21 rill Act’’) (26 Stat. 417, chapter 841; 7
22 U.S.C. 321 et seq.).
23 (3) CONSIDERATIONS.—In determining whether
24 to enter into an MBDA Rural Business Center agree-
25 ment with an eligible entity under this section, the
† HR 3684 EAS
2724
1 Under Secretary shall consider the needs of the eligi-
2 ble entity.
3 SEC. 100303. REPORT TO CONGRESS.
† HR 3684 EAS
2725
1 the appropriate congressional committees a report that in-
2 cludes the results of the study conducted under subsection
3 (a), which shall include recommendations regarding the
4 ways in which minority business enterprises can meet gaps
5 in the supply chain of the United States.
6 TITLE IV—MINORITY BUSINESS
7 DEVELOPMENT GRANTS
8 SEC. 100401. GRANTS TO NONPROFIT ORGANIZATIONS
10 PRISES.
† HR 3684 EAS
2726
1 (1) IN GENERAL.—Not later than 180 days after
2 the date of enactment of this Act, the Under Secretary
3 shall designate an office to make and administer
4 grants under this section.
5 (2) CONSIDERATIONS.—In designating an office
6 under paragraph (1), the Under Secretary shall en-
7 sure that the office designated has adequate staffing to
8 carry out the responsibilities of the office under this
9 section.
10 (d) APPLICATION.—A covered entity desiring a grant
11 under this section shall submit to the Under Secretary an
12 application at such time, in such manner, and containing
13 such information as the Under Secretary may require.
14 (e) PRIORITY.—The Under Secretary shall, in car-
15 rying out this section, prioritize granting an application
16 submitted by a covered entity that is located in a federally
17 recognized area of economic distress.
18 (f) USE OF FUNDS.—A covered entity to which a grant
19 is made under this section may use the grant funds to sup-
20 port the development, growth, or retention of minority busi-
21 ness enterprises.
22 (g) PROCEDURES.—The Under Secretary shall estab-
23 lish procedures to—
† HR 3684 EAS
2727
1 (1) discourage and prevent waste, fraud, and
2 abuse by applicants for, and recipients of, grants
3 made under this section; and
4 (2) ensure that grants are made under this sec-
5 tion to a diverse array of covered entities, which may
6 include—
7 (A) covered entities with a national pres-
8 ence;
9 (B) community-based covered entities;
10 (C) covered entities with annual budgets
11 below $1,000,000; or
12 (D) covered entities that principally serve
13 low-income and rural communities.
14 (h) INSPECTOR GENERAL AUDIT.—Not later than 180
15 days after the date on which the Under Secretary begins
16 making grants under this section, the Inspector General of
17 the Department of Commerce shall—
18 (1) conduct an audit of grants made under this
19 section, which shall seek to identify any discrepancies
20 or irregularities with respect to those grants; and
21 (2) submit to Congress a report regarding the
22 audit conducted under paragraph (1).
23 (i) UPDATES TO CONGRESS.—Not later than 90 days
24 after the date on which the Under Secretary makes the des-
25 ignation required under subsection (c), and once every 30
† HR 3684 EAS
2728
1 days thereafter, the Under Secretary shall submit to Con-
2 gress a report that contains—
3 (1) the number of grants made under this section
4 during the period covered by the report; and
5 (2) with respect to the grants described in para-
6 graph (1)—
7 (A) the geographic distribution of those
8 grants by State and county;
9 (B) if applicable, demographic information
10 with respect to the minority business enterprises
11 served by the covered entities to which the grants
12 were made; and
13 (C) information regarding the industries of
14 the minority business enterprises served by the
15 covered entities to which the grants were made.
16 TITLE V—MINORITY BUSINESS
17 ENTERPRISES ADVISORY
18 COUNCIL
19 SEC. 100501. PURPOSE.
† HR 3684 EAS
2729
1 each of not fewer than 10 Federal agencies that support or
2 otherwise have duties that relate to business formation, in-
3 cluding duties relating to labor development, monetary pol-
4 icy, national security, energy, agriculture, transportation,
5 and housing.
6 (b) CHAIR.—The Under Secretary shall designate 1 of
7 the private sector members of the Council as the Chair of
8 the Council for a 1-year term.
9 (c) TERM.—The Council shall meet at the request of
10 the Under Secretary and members shall serve for a term
11 of 2 years. Members of the Council may be reappointed.
12 SEC. 100503. DUTIES.
† HR 3684 EAS
2730
1 (B) problems and matters the Under Sec-
2 retary refers to the Council.
3 (b) CAPACITY.—Members of the Council shall not be
4 compensated for service on the Council but may be allowed
5 travel expenses, including per diem in lieu of subsistence,
6 in accordance with subchapter I of chapter 57 of title 5,
7 United States Code.
8 (c) TERMINATION.—Notwithstanding section 14 of the
9 Federal Advisory Committee Act (5 U.S.C. App.), the Coun-
10 cil shall terminate on the date that is 5 years after the date
11 of enactment of this Act.
12 TITLE VI—FEDERAL COORDINA-
13 TION OF MINORITY BUSINESS
14 PROGRAMS
15 SEC. 100601. GENERAL DUTIES.
22 AND AGENCIES.
† HR 3684 EAS
2731
1 (A) develop policies, comprehensive plans,
2 and specific program goals for the programs car-
3 ried out under subtitle B of title I and title III;
4 (B) establish regular performance moni-
5 toring and reporting systems to ensure that goals
6 established by the Under Secretary with respect
7 to the implementation of this division are being
8 achieved; and
9 (C) evaluate the impact of Federal support
10 of socially or economically disadvantaged busi-
11 ness concerns in achieving the objectives of this
12 division;
13 (2) conduct a coordinated review of all proposed
14 Federal training and technical assistance activities in
15 direct support of the programs carried out under sub-
16 title B of title I and title III to ensure consistency
17 with program goals and to avoid duplication; and
18 (3) convene, for purposes of coordination, meet-
19 ings of the heads of such Federal agencies and depart-
20 ments, or their designees, the programs and activities
21 of which may affect or contribute to the carrying out
22 of this division.
† HR 3684 EAS
2732
1 TITLE VII—ADMINISTRATIVE
2 POWERS OF THE AGENCY;
3 MISCELLANEOUS PROVISIONS
4 SEC. 100701. ADMINISTRATIVE POWERS.
† HR 3684 EAS
2733
1 of assistance under this Act with the requirements of
2 this Act;
3 (7) deobligate assistance provided under this Act
4 to a recipient that has demonstrated an insufficient
5 level of performance with respect to the assistance, or
6 has engaged in wasteful or fraudulent spending; and
7 (8) provide that a recipient of assistance under
8 this Act that has demonstrated an insufficient level of
9 performance with respect to the assistance, or has en-
10 gaged in wasteful or fraudulent spending, shall be in-
11 eligible to receive assistance under this Act for a pe-
12 riod determined by the Under Secretary, consistent
13 with the considerations under section 180.865 of title
14 2, Code of Federal Regulations (or any successor regu-
15 lation), beginning on the date on which the Under
16 Secretary makes the applicable finding.
17 (b) USE OF PROPERTY.—
18 (1) IN GENERAL.—Subject to paragraph (2), in
19 carrying out this division, the Under Secretary may,
20 without cost (except for costs of care and handling),
21 allow any public sector entity, or any recipient non-
22 profit organization, for the purpose of the develop-
23 ment of minority business enterprises, to use any real
24 or tangible personal property acquired by the Agency
25 in carrying out this division.
† HR 3684 EAS
2734
1 (2) TERMS, CONDITIONS, RESERVATIONS, AND
7 (a) IN GENERAL.—
8 (1) PROVISION OF FEDERAL ASSISTANCE.—To
† HR 3684 EAS
2735
1 (C) the manner in which Federal assistance
2 will be allocated among public sector entities and
3 private sector entities, as applicable; and
4 (D) the methodology used by the Under Sec-
5 retary to make allocations under subparagraph
6 (C).
7 (3) CONSULTATION.—The Under Secretary shall
8 consult with public sector entities and private sector
9 entities, as applicable, in deciding the amounts and
10 types of Federal assistance to make available under
11 paragraph (1).
12 (b) PUBLICITY.—In carrying out this section, the
13 Under Secretary shall broadly publicize all opportunities
14 for Federal assistance available under this section, includ-
15 ing through the means required under section lll116.
16 SEC. 100703. RECORDKEEPING.
† HR 3684 EAS
2736
1 (3) the total cost of the undertaking for which the
2 assistance is given or used;
3 (4) the amount and nature of the portion of the
4 cost of the undertaking described in paragraph (3)
5 that is supplied by a source other than the Agency;
6 (5) the return on investment, as defined by the
7 Under Secretary; and
8 (6) any other record that will facilitate an effec-
9 tive audit with respect to the assistance.
10 (b) ACCESS BY GOVERNMENT OFFICIALS.—The Under
11 Secretary, the Inspector General of the Department of Com-
12 merce, and the Comptroller General of the United States,
13 or any duly authorized representative of any such indi-
14 vidual, shall have access, for the purpose of audit, investiga-
15 tion, and examination, to any book, document, paper,
16 record, or other material of the Agency or an MBDA Busi-
17 ness Center.
18 SEC. 100704. REVIEW AND REPORT BY COMPTROLLER GEN-
19 ERAL.
† HR 3684 EAS
2737
1 (2) submit to Congress a detailed report of the
2 findings of the Comptroller General of the United
3 States under the review carried out under paragraph
4 (1), which shall include—
5 (A) an evaluation of the effectiveness of the
6 programs in achieving the purposes of this divi-
7 sion;
8 (B) a description of any failure by any re-
9 cipient of assistance under this division to com-
10 ply with the requirements under this division;
11 and
12 (C) recommendations for any legislative or
13 administrative action that should be taken to
14 improve the achievement of the purposes of this
15 division.
16 SEC. 100705. BIANNUAL REPORTS; RECOMMENDATIONS.
† HR 3684 EAS
2738
1 ommendations for legislation or other actions that the
2 Under Secretary determines to be necessary or appropriate
3 to promote the purposes of this division.
4 SEC. 100706. SEPARABILITY.
† HR 3684 EAS
2739
1 (2) without regard to Executive Order 11625 (36
2 Fed. Reg. 19967; relating to prescribing additional
3 arrangements for developing and coordinating a na-
4 tional program for minority business enterprise).
5 SEC. 100708. AUTHORIZATION OF APPROPRIATIONS.
Attest:
Secretary.
† HR 3684 EAS
117TH CONGRESS
1ST SESSION H.R. 3684
AMENDMENT